Provident Funds Act, 1925
Summary
The Provident Funds Act, 1925 protects money that government and railway employees save in official Provident Funds, and sets rules for how that money is paid out. Section 2 defines the key terms: a "compulsory deposit" is money an employee must contribute (not withdrawable on demand except for things like life insurance premiums), a "Government Provident Fund" covers state employees (and, per an amendment, employees of educational institutions), and a "Railway Provident Fund" covers railway employees.
Section 3 is the central protection: a compulsory deposit in a Government or Railway Provident Fund cannot be assigned, charged, or attached under any court decree for a debt the employee owes, and even an official receiver in insolvency proceedings has no claim on it. When a subscriber dies, the balance goes to their "dependant" — defined in Section 2 to include a spouse, parent, child, minor sibling, unmarried sister, a deceased son's widow and child, or a paternal grandparent if no parent survives — free from the deceased's debts or the dependant's own debts.
Section 4 sets out the payment mechanics once a fund balance becomes due: it goes first to the subscriber if alive, or after death to the dependant entitled under Section 3; if there's no such dependant and the balance is five thousand rupees or less, it goes to whoever the subscriber nominated under the Fund's rules (or, absent a nomination, to whoever appears entitled); larger sums not covered by a nomination go to whoever holds probate, letters of administration, or a succession certificate. Section 5 covers the rights of nominees, and Section 6 allows authorised deductions from the fund balance before payment. Section 7 protects officials who act in good faith under the Act from being sued.
Section 8 lets the government apply the Act's protections to other provident funds beyond the core Government and Railway ones, and Section 9 preserves special rules for the estates of deceased soldiers. The Schedule at the end lists banks and institutions the Act's provisions have been extended to over the years — including the Habib Bank, United Bank, Muslim Commercial Bank, and others — added by various notifications through the 1980s and 1990s. This is a nearly century-old law, heavily amended, so current monetary thresholds and covered institutions should be checked against the latest official Schedule.