43. Application for recognition of a provident fund

43. Application for recognition of a provident fund.---
      
(1)   An application for recognition shall be made by the employer maintaining the fund for which recognition is sought and shall be accompanied by the following documents,namely:-

(a)   the trust deed in original with one copy thereof, the latter to be retained by the Commissioner; and
(b)   the rules of the fund: Provided that if the original of the trust deed cannot conveniently be produced, the Commissioner may accept, in lieu of the original, a true copy certified either by a Magistrate or in any manner specified in rule  7 of the Companies Rules, 1914, in which case, an additional copy shall be furnished for retention by the Commissioner.

1[(2) The application shall be submitted to the Commissioner of Taxes of the area in which the accounts of the funds are kept, or, if the accounts are kept outside Bangladesh, to the  Commissioner  of  Taxes  of  the  area  in  which  the  local  headquarters  of  the employer is situated.]

(3) The application shall contain the following information:-

(a)   Name of employer and address, his business, profession, etc., also his principal place of business-
(b) Number of employees subscribing to the fund-
(i) in Bangladesh ; and
(ii) outside Bangladesh.
(c) Place where the accounts of the fund are or will be maintained. (d) If the fund is already in existence-
(i) a copy of the last balance sheet of the fund; and (ii) details of investments of the fund.

(4)   A verification in the following form shall be annexed to the application, namely:-

I/We, the trustee(s) of the above named fund, do hereby declare that what is stated in the above application is true to the best of my/our information and belief, and that the documents sent herewith are the   originals or true copies thereof.

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1.Subs. by S.R.O. No.১৭৯-আয়কর /২০০২তারিখ ০৩/০৭/২০০২

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