Section 23
Fund Deduction To Be Refunded
(1) Any employee shall get refund of
lump sum of all amounts including the principal and interest deposited in
his or her account immediately when he or she is relieved of service for any
reason. If he or she dies, his or her nominee or nominees shall obtain the
amounts according to the will. If he or she has not nominated any person or
if his or her nominee is also dead, the surviving relative of the employee
shall receive such amounts and if there are more than one such surviving
relative in the same order,
2 they shall receive such amounts on the prorata basis:
(a)3
Husband or wife living in the same family;
(b) Son, daughter, widow daughter-in-law living in the
same family;
(c) Father, mother (father-in-law, mother- in-law in case
of a married woman) living in the same family;
(d) Grandfather grandmother to be taken care of by
oneself and grandson, granddaughter on the line of the
son;
(e) Husband or wife living separately;
(f) Son, daughter, widow daughter-in-law living
separately;
(g) Father, mother living separately;
(h) Step son, daughter living in the same family;
(i) Step mother living in the same family;
(j) Elder and younger brother and elder and younger sister
living in the same family;
(k) In case of a married woman, father-in-law, mother- inlaw
living separately;
(l) The grandson and unmarried grand-daughter in the line
of the son;
(m) The step mother living separately;
(n) Step son, daughter living separately;
(o) In case of a married woman, elder and younger
brother-in –law and sisters-in-law living in the same
family;
(p) Nephew, niece living in the same family;
(q) Uncle, widow aunt, elder sister-in-law, younger sisterin-law;
(r) Elder and younger brother and elder and younger sister
living separately;
(s) Grandfather, grandmother, granddaughter-in-law,
nephew, niece living separately;
(t) The person taking of the employee being close to him
or her until the last hour.
(2) If a person nominated by an employee dies or if the employee so
wishes despite he or she is alive, the employee may nominate another
person in his or her stead or alter the contents set forth in the letter of
nomination.
(3) If, after the discontinuation of the service of an employee, the
employee does not show up to get refund of the Fund amount until Three
years of the discontinuation of service or does not give any notice to the
Fund in relation to the refunding, his or her nominee shall be entitled to his
or her Fund amount. If even the nominee does not show up to receive that
amount until Two years Nine months after the date on which he or she may
get it, the Fund shall arrange to publish a notice for information to the
people generally. If the nominee does not show up to receive the amount
even after the publication of the notice, the heir to the employee as referred
to in Sub-section (1) shall be entitled to get that amount.
(4) Notwithstanding anything contained in Sub-section (1), the Fund
shall deduct and recover such principal borrowed by an employee from the
Fund and interest accrued thereon as may be due and payable by the
employee.
(5) Notwithstanding anything contained in Sub-section (3) of
Section 22, if a person who is entitled to have the refund of the deposited
amount even until Six years after the original date on which such amount
has stood refundable, the amount shall be deposited in a separate account,
and after the amount is so deposited in a separate account, no interest shall
be payable on that amount.