Withdrawn

a. The member withdrawing definitely and voluntarily from the employment in the Hotel Industry shall be entitled, except as stated below, to be paid any amount standing to his credit in account “A,” and in proportion to his service he shall receive the following amounts from the balance standing to his credit in account “B”.

For service before the completion of 1 year: Nil
For service over  1 year:              25%
For service over  2 years:            50%
For service over  3 years:            100%

Provided that in case of withdrawal from the industry, a member’s service is considered to be the total service in the Hotel Industry from the day these Rules entered into force, or if the withdrawing member subscribed to a similar Fund which operated since 1st April 1968, from the date he/she became member of such a similar Fund.

Provided that in exceptional cases where a member, in accordance with the assessment of the Administrative Committee, justifiably and evidently withdraws from the Fund, irrespective of the years of service, the employee shall be entitled to recover such proportional sum from account “B” as the Administrative Committee may determine.

b. Where members of the Fund voluntarily withdraw from the service in the Hotel Industry in order to get married or because they are entering parenthood, they shall be entitled to full recovery of any amount (or balance) standing to their credit in accounts “A” and “B”, irrespective of the years of service, by presenting the relevant certificate.

c. A member of the Fund voluntarily withdrawing from the Hotel Industry having completed five years of service and having completed the 55th year of age, shall be entitled to recover fully any balance standing to his credit in accounts “A” and “B”.

d. A member of the Fund who is dismissed from the service of an employer for reasons of austerity, lack of work or abolition of post shall be entitled to full recovery or transfer, depending on the occasion, of any balance standing to his credit in accounts “A” and “B”, irrespective of the years of service.

e. Where a member of the Fund is evidently incapacitated for work following an illness or an accident, he/she shall be entitled to full recovery of the amounts standing to his/her credit in accounts “A” and “B” on the day of withdrawal from the Fund, irrespective of whether he/she is also entitled to compensation from his/her employer subject to the accident laws.

For the purposes of this clause the certification must come from the employer’s doctor and the Trade Union doctor. In case of disagreement the whole issue shall be referred to arbitration.

f. Notwithstanding any other provision in these Rules, a member of the Fund who is dismissed from his/her employment due to age limit, shall be entitled to full recovery of any amount standing to his/her credit in accounts “A” and “B”, irrespective of the years of the member’s service prior to dismissal.

g. Notwithstanding any provision in the previous clauses of these Rules, the legal heirs of any deceased member of the Fund shall be entitled to full recovery of any amount standing to the credit of the deceased member in accounts “A” and “B”.

h. Any amounts stemming from the account balance of withdrawing members shall be credited to the “Special Fund Account.”

1. In each case where a right is granted to recover any amounts under subparagraphs (b), (c) and (e) of this article, such amounts shall not be paid from the Fund before six (6) months have lapsed prior to the withdrawal of the Fund member from the Hotel Industry.

2. Any member of the Fund dismissed by an employer and who is entitled under the provisions of this article to full recovery of every amount standing to his/her credit in accounts “A” and “B”, has the right not to make a withdrawal and to ask for the same amounts to be kept to his/her credit in the Fund for a period of up to 10 (ten) months. If during this period he/she is hired by another employer in the Hotel Industry, then the member shall continue to be credited with new subscriptions, provided than in such case the member shall be entitled at his/her dismissal or withdrawal, and notwithstanding any other provision of this article, to recover any amount from accounts “A” and “B”, which has under this paragraph been standing to his credit in the Fund at the time of the previous dismissal.