section 4
Provisions regarding repayment
The Jammu and Kashmir Provident Funds Act, 1998Labour19989 sections
Statutory text
Provisions regarding repayment.—
- (1) When the sum standing to the credit of any subscriber or depositor, or the balance of any such sum or balance remaining after any deduction authorised by this Act, has become payable, the officer whose duty it is to make the payment shall pay the sum or balance, as the case may be, to the subscriber or depositor, or—
- (a) if the sum or balance, or any part thereof vests in a dependent under the provisions of section 3, pay the same to the dependent or to such person as may be authorised by law to receive payment on his behalf; or
- (b) if the whole sum or balance as the case may be, does not exceed five hundred rupees, pay the same, or any part thereof which is not payable under clause (a), to any person nominated to receive it under the rules of the Fund, or, if no person is so nominated, to any person appearing to him to be otherwise entitled to receive it; or
- (c) in the case of any sum or balance, or any part thereof which is not payable to any person under clause
- (a) or clause (b), pay the same—
- (i) to any person nominated to receive it under the rules of the Fund, on production by such person of probate or letters of administration evidencing the grant to him of administration to the estate of the deceased or a certificate granted under the Succession Certificate Act, 1977, entitling the holder thereof to receive such sum, but not part thereof; or
- (ii) where no person is so nominated, to any person who produces such probate, letters of administration or a certificate; Provided that where the whole or any part of any sum standing to the credit of the subscriber or depositor has been assigned to any other person before the commencement of this Act, and notice in writing of the assignment has been received by the officer from the creditor, the officer shall, after making any deduction authorised by this Act and any payment due under clause
- (a) to or on behalf of the widow or children of the subscriber or depositor—
- (i) if the subscriber or depositor or, if he is dead, the person to whom in the absence of any valid assignment the sum or balance would be payable under this sub-section gives his consent in writing pay the sum or part or the balance thereof, as the case may be, to the assignee, or
- (ii) if such consent is not forthcoming, withhold the payment of the part or balance, as the case may be, pending a decision of a competent Civil Court as to the person entitled to receive it.
- (2) The making of any payment authorised by subsection (1), shall be a full discharge to the Government from all liability in respect of so much of the sum standing to the credit of the subscriber or depositor as is equivalent to the amount so paid.
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