| 1 |
1 |
(4) These regulations shall apply to,-
(i) all intermediaries or any person or entity regulated by the
Authority under the National Pension System at any point of time;
(ii) other pension scheme regulated by the Authority at any point of
time;
(iii) Departments under the Central Government or States or Union
territories Governments and all other entities, bodies or employers,
whose employees are covered under the National Pension System; and
(iv) all subscribers under the National Pension System or any other
pension scheme regulated by the Authority and shall include the
dependents or legal heirs of any deceased subscriber.
|
(4) These regulations shall apply to,-
(i) all intermediaries regulated by Authority or any person or entity
providing any service under any of the pension scheme regulated or
administered by Authority at any point of time
(ii) Departments under the Central Government or States or Union
territories Governments and all other entities, bodies or employers,
whose employees are covered under the National Pension System; and
(iii) all subscribers under the National Pension System or any other
pension scheme regulated or administered by the Authority and shall
include the nominee or dependents or legal heirs of any deceased
subscriber, as the case may be. |
|
|
| 2 |
2 |
(g) “grievances or complaint” includes any communication that expresses
dissatisfaction, in respect of the conduct or any act of omission or
commission or deficiency of service on the part of, an intermediary or
an entity or a person governed by the provisions of the Act and in the
nature of seeking a remedial action but do not include the following—
(i) complaints that are incomplete or not specific in nature;
(ii) communications in the nature of offering suggestions;
(iii) communications seeking guidance or explanation;
(iv) complaints which are beyond the powers and functions of the
Authority or beyond the provisions of the Act and the rules and
regulations framed thereunder;
(v) any disputes between intermediaries; and
(vi) complaints that are sub-judice (cases which are under consideration
by court of law or quasi-judicial body) except matters within the
exclusive domain of the Authority under the provisions of the Act;
(h) “enquiry” or “an enquiry” means any communication from a subscriber
for the primary purpose of requesting information about the National
Pension System or any other pension scheme regulated by the Authority;
(j) “Ombudsman” means any person appointed under regulation 11 of these
regulations and includes a Stipendiary Ombudsman;
(l) “Stipendiary Ombudsman” means a person appointed under regulation 17
for the purpose of acting as ombudsman in respect of a specific matter
or matters in a specific territorial jurisdiction and for which he may
be paid such expenses, honorarium or sitting fees as may be determined
by the Authority from time to time. |
(g) “grievances or complaint” includes any communication that expresses
dissatisfaction, in respect of the conduct or any act of omission or
commission or deficiency of service on the part of, an intermediary or
an entity or a person governed by the provisions of the Act and in the
nature of seeking a remedial action but do not include the following—
(i) complaints that are incomplete or not specific in nature;
(ii) communications in the nature of offering suggestions;
(iii) communications seeking guidance or explanation;
(iv) complaints which are beyond the powers and functions of the
Authority or beyond the provisions of the Act and the rules and
regulations framed thereunder;
(vi) any disputes between intermediaries; and
(vi) complaints that are sub-judice (cases which are under consideration
by court of law or quasi-judicial body) except matters within the
exclusive domain of the Authority under the provisions of the Act;
(v) complaints directed against or seeking modification of any policy,
regulation or guideline issued by the Authority,
Provided that any complaint relating to deficiency in service,
non-implementation or improper implementation of any policy, regulation
or guideline of the Authority, by an intermediary or entity shall not be
excluded;
(h) “enquiry” or “an enquiry” means any communication from a subscriber
for the primary purpose of requesting information about the National
Pension System or any other pension scheme regulated or administered by
the Authority;
(j) “Ombudsman” means any person appointed under regulation 11 of these
regulations and includes an Ombudsman appointed on Contract basis;
(l) “Ombudsman appointed on Contract basis” means a person appointed
under regulation 17 for the purpose of acting as ombudsman for which
such ombudsman may be paid a fixed remuneration as may be determined by
the Authority from time to time. |
|
|
| 3 |
3 |
Grievance redressal policy.— (1) Every intermediary under the National
Pension System and any other pension scheme regulated by the Authority
shall follow the grievance redressal policy as laid down under these
regulations. In case of National Pension System, the National Pension
System Trust shall lay down detailed guidelines and procedures for a two
level grievance redressal policy for intermediaries and other entities
with minimum conditions as referred to in regulation 4 and shall be
responsible for the overall grievance management system. Every
intermediary shall have in place a board approved policy, for redressal
of subscriber grievances. It shall have two levels for the grievance
redressal of subscribers and shall comprise a senior management level
officer to be designated as Grievance Redressal Officer for compliance
of the requirements laid down in such policy. In addition, every branch
or authorized office or centre of the intermediary dealing with National
Pension System shall also have an officer nominated as the Grievance
Redressal Officer for that office or centre.]
(2) Any other pension scheme regulated by the Authority shall also
provide for a two level grievance redressal policy approved by its board
or decision making body.
(3) All such grievance redressal policies for National Pension System
and for other pension schemes regulated by the Authority shall be filed
with the Authority or National Pension System Trust as the case may be,
by the intermediary or entity or person governed by the provisions of
the Act and details of internal grievance redressal mechanism, along
with the address and contact details of Ombudsman shall be placed
prominently in public domain.]
(4) The National Pension System Trust shall be required to monitor and
periodically conduct review and perform oversight on the grievance
management system in respect of schemes under the National Pension
System. The National Pension System Trust shall, forward to the
Authority, reports on its review and oversight, within such period as
may be specified by the Authority |
Grievance redressal policy.— (1) Every intermediary regulated by
Authority or any person or entity providing any service under any of the
pension scheme regulated or administered by Authority at any point of
time shall follow the grievance redressal policy as laid down under
these regulations. Every intermediary shall have in place a board
approved policy, for redressal of subscriber grievances. It shall have
two levels for the grievance redressal of subscribers and shall require
a senior management level officer to be designated as Chief Grievance
Redressal Officer (CGRO) for compliance of the requirements laid down in
such policy. In addition, every branch or authorized office or centre of
the intermediary dealing with National Pension System or any other
pension scheme shall also have an officer nominated as the Grievance
Redressal Officer (GRO) for that office or centre.
(2) Any other pension scheme regulated or administered by the Authority
shall also provide for a grievance redressal policy approved by its
board or decision-making body.
(3) All such grievance redressal policies for National Pension System
and for other pension schemes regulated or administered by the Authority
shall be placed prominently in public domain, including on the website
of the intermediary, entity or person governed by the provisions of the
Act, along with the address and contact details of Ombudsman.]
(4) The Authority may require intermediaries or entities to furnish
grievance-related reports or information to the Authority or to such
other entity as may be determined by the Authority from time to time.
|
|
|
| 4 |
4 |
Filing of grievance redressal policy.- The grievance redressal policy to
be filed in all cases with the Authority or the National Pension System
Trust needs to adhere to the following minimum conditions, namely:-
(a) every intermediary under the National Pension System and any other
pension scheme regulated by the Authority shall designate a senior
management level officer as Grievance Redressal Officer for compliance
of the requirements laid down in such policy. In addition, every branch
or authorized office or centre other than the central or head or
corporate or principal office dealing with National Pension System or
any other pension scheme regulated by the Authority shall also have an
officer nominated as the Grievance Redressal Officer for that office or
centre;
(b) every intermediary under the National Pension System and any other
pension scheme regulated by the Authority shall have a clearly defined
system and procedure for receiving, registering, acknowledging and
effectively disposing off of grievances received in a prompt and fair
manner;
(c) every intermediary under the National Pension System and any other
pension scheme regulated by the Authority must inform a subscriber at
the commencement of relationship with the subscriber and at such other
time when the information is likely to be required by the subscriber, of
–
(i) the subscribers’ right to seek redressal of any complaints, through
the redressal mechanism as specified under these regulations; and
(ii) the processes followed by the intermediaries under the National
Pension System and other pension scheme regulated by the Authority, to
receive and redress complaints from subscribers;
(d) the grievance redressal policies would need to conform to the
benchmarks and standards as laid down or amended by the Authority from
time to time. These benchmarks may include inter alia resolution time
for a grievance, service quality, manner of receiving grievances, number
of outstanding grievances against intermediaries under the National
Pension System or any other pension scheme and any other matters which
in the opinion of the Authority, are relevant for redressing such
grievances;
[(e) details of turnaround times shall be clearly laid down in the two
level grievance redressal policy to be filed with the Authority and the
National Pension System Trust by the intermediaries or respective
Government or any other entity governed by the provisions of the Act;]
(f) every two level grievance redressal policy to be filed with the
Authority and the National Pension System Trust, shall be placed in
public domain, including its website and displayed in Hindi, English and
other applicable regional languages by each intermediary under the
National Pension System and other pension schemes regulated by the
Authority.
|
Public disclosure of grievance redressal policy.- The grievance
redressal policy shall adhere to the following minimum conditions,
namely:-
(a) every intermediary under the National Pension System and any other
pension scheme regulated or administered by the Authority shall
designate a senior management level officer as Chief Grievance Redressal
Officer (CGRO) for compliance of the requirements laid down in such
policy. In addition, every branch or authorized office or centre other
than the central or head or corporate or principal office dealing with
National Pension System or any other pension scheme regulated or
administered by the Authority shall also have an officer nominated as
the Grievance Redressal Officer (GRO) for that office or centre;
(b) every intermediary under the National Pension System and any other
pension scheme regulated or administered by the Authority shall have a
clearly defined system and procedure for receiving, registering,
acknowledging and effectively disposing off of grievances received in a
prompt and fair manner;
(c) every intermediary under the National Pension System and any other
pension scheme regulated or administered by the Authority must inform a
subscriber at the commencement of relationship with the subscriber and
at such other time when the information is likely to be required by the
subscriber, of –
(i) the subscribers’ right to seek redressal of any complaints, through
the redressal mechanism as specified under these regulations; and
(ii) the processes followed by the intermediaries under the National
Pension System and other pension scheme regulated or administered by the
Authority, to receive and redress complaints from subscribers;
(d) the grievance redressal policies would need to conform to the
benchmarks and standards as laid down or amended by the Authority from
time to time. These benchmarks may include inter alia resolution time
for a grievance, service quality, manner of receiving grievances, number
of outstanding grievances against intermediaries under the National
Pension System or any other pension scheme and any other matters which
in the opinion of the Authority, are relevant for redressing such
grievances;
(e) details of turnaround times shall be clearly laid down in the
two-level grievance redressal policy to be placed in public domain by
the intermediaries or respective Government or any other entity governed
by the provisions of the Act;]
(f) every two-level grievance redressal policy shall be placed
prominently in public domain, including on its website, and displayed in
Hindi, English and other applicable regional languages by each
intermediary under the National Pension System and other pension schemes
regulated or administered by the Authority.]
|
|
|
| 5 |
5 |
(1)(a)(ii) Government nodal offices or PAOs or PrAOs or DTAs or DTOs or
DDOs, which shall be in accordance with the circulars or guidelines
issued by the Authority, National Pension System Trust or the Central
Government or the concerned State Government from time to time on
registration of subscribers, incorporating change or modification in
subscriber details, timelines for remittance of National Pension System
contributions including legacy contributions, compensation of loss to
the subscribers due to delay of such remittance and any other related
issue to protect the interest of the subscribers; and |
(1)(a)(ii) Government nodal offices or PAOs or PrAOs or DTAs or DTOs or
DDOs, which shall be in accordance with the circulars or guidelines
issued by the Authority, or the Central Government or the concerned
State Government from time to time on registration of subscribers,
incorporating change or modification in subscriber details, timelines
for remittance of National Pension System contributions including legacy
contributions, compensation of loss to the subscribers due to delay of
such remittance and any other related issue to protect the interest of
the subscribers; and |
|
|
| 6 |
6 |
Turnaround times for grievance redressal:
(3) In case the complaint received does not pertain to the intermediary
to which the same has been lodged, the complaint shall be transferred to
the concerned intermediary within three working days, under intimation
to the complainant.
(4) Where the intermediaries under National Pension System or any other
pension scheme regulated by Authority has resolved the complaint, within
three working days, it may communicate the resolution along with the
acknowledgement to the complainant.
(5) Every grievance shall be disposed off within a period of thirty days
of its receipt and a final reply shall be sent to the complainant,
containing details of resolution or rejection of the complaint, with
reasons thereof recorded in writing.
(6) The intermediary under National Pension System or any other pension
scheme regulated by Authority, while disposing off the complaint, shall
inform the complainant the manner in which he or she may pursue the
complaint, if dissatisfied with such resolution or rejection, as the
case may be.
(7) If the complainant is not satisfied with the redressal of his
grievances or if it has not been resolved by the intermediary by the end
of thirty days of the filing of the complaint, he may escalate the
grievance to the National Pension System Trust in accordance with the
provisions contained in regulation 10. If the grievance remains
unresolved after its receipt at the National Pension System Trust, on
the expiry of a period of twenty one days from the receipt thereof, the
complainant may file an appeal with the Ombudsman for redressal of the
grievances of the complainant, within such period as has been specified
for the purpose.
Provided that provisions of this sub-regulation, shall not apply where
the complaint is directly in relation to a grievance against the
National Pension System Trust and no other intermediary.
Provided further that where the complaint is directly against the
National Pension System Trust and no other intermediary, the National
Pension Trust shall resolve the grievance of the subscriber in the
manner and within the period of twenty one days and if the grievance
remains unresolved, the complainant may file an appeal with the
Ombudsman to be appointed by the Authority under these regulations for
redressal of the grievances of the complainant, within such period as
has been specified for the purpose.]
(8) Any intermediary under the National Pension System and any other
pension scheme regulated by the Authority is required to maintain
records of each complaint received by it and the measures taken by it
for its redressal.
(9) The intermediary under the National Pension System and other pension
scheme regulated by the Authority is also required to submit periodic
reports to the National Pension System Trust or Authority as may be
specified from time to time. |
Turnaround times for grievance redressal:
(3) In case the complaint received does not pertain to the intermediary
to which the same has been lodged, the complaint shall be transferred to
the concerned intermediary by CRA within two working days, under
intimation to the complainant.
(4) Where the intermediaries under National Pension System or any other
pension scheme regulated or administered by Authority has resolved the
complaint, it may communicate the resolution along with the
acknowledgement to the complainant within three working days.
(5) Every grievance shall be disposed off within a period of fourteen
days of its receipt and a final reply shall be sent to the complainant,
containing details of resolution or rejection of the complaint, with
reasons thereof recorded in writing.
(6) The intermediary under National Pension System or any other pension
scheme regulated or administered by Authority, while disposing off the
complaint, shall inform the complainant the manner in which he or she
may pursue the complaint, if dissatisfied with such resolution or
rejection, as the case may be.
(7) If the complainant is not satisfied with the redressal of his
grievances or if it has not been resolved by the intermediary by the end
of fourteen days of the filing of the complaint, the complainant may
escalate the grievance to the Grievance Cell, PFRDA for follow up with
the concerned intermediaries.
Where the grievance remains unresolved after expiry of seven days from
the date of escalation to the Grievance Cell, or where the complainant
is dissatisfied with the response furnished by the concerned
intermediary, nodal office or entity pursuant to such escalation, the
complainant may prefer an appeal to the Ombudsman within next thirty
days in accordance with regulation 22.
(8) Every intermediary under the National Pension System and any other
pension scheme regulated or administered by the Authority is required to
maintain records of each complaint received by it and the measures taken
by it for its redressal.
(9) The intermediary under the National Pension System and other pension
scheme regulated or administered by the Authority shall submit periodic
reports to Authority as may be specified from time to time.
|
|
|
| 7 |
7 |
Closure of grievance. -
(c) where the complainant has not responded within forty-five days of
the receipt of the written response of the intermediary or entity
regulated by the Authority;
(e) where the complainant has not preferred any appeal within forty-five
days from the date of receipt of resolution or rejection of the
grievance communicated by the intermediary or entity regulated by the
Authority or the National Pension System Trust, as the case may be; |
Closure of grievance. -
(c) where the complainant has not responded within thirty days of the
receipt of the written response of the intermediary or entity regulated
by the Authority;
(e) where the complainant has not preferred any appeal within thirty
days from the date of receipt of resolution or rejection of the
grievance communicated by the intermediary or entity or Grievance cell
constituted in the Authority, as the case may be; |
|
|
| 8 |
8 |
Categorisation of complaints. - Categorisation of complaints as may be
specified by the Authority from time to time shall be adopted by the
intermediaries or any entity under National Pension System or any other
pension scheme regulated by the Authority and incorporated in their
systems.
|
Categorisation of complaints. - Categorisation of complaints as may be
determined by the Authority from time to time shall be adopted by the
intermediaries or any entity under National Pension System or any other
pension scheme regulated or administered by the Authority and
incorporated in their systems.
|
|
|
| 9 |
9 |
System Requirements. - The grievance redressal policy shall provide for
automated systems to enable online registration, tracking of status of
grievances by the complainant(s) and generation of periodical reports as
may be determined by the Authority. The system shall also be designed to
ensure that it can integrate seamlessly with the system of the Authority
and the National Pension System Trust in the manner as may be determined
by the Authority from time to time
|
System Requirements.- The grievance redressal policy shall provide for
automated systems to enable online registration, tracking of status of
grievances by the complainant(s) and generation of periodical reports as
may be determined by the Authority. The system shall also be designed to
ensure that it can integrate seamlessly with the system of the Authority
in the manner as may be determined by the Authority from time to time
|
|
|
| 10 |
10 |
Escalation of Grievance to National Pension System Trust.-
• Any subscriber whose grievance has not been resolved within thirty
days from the date of receipt of the grievance by the intermediary, or
who is not satisfied with the resolution provided by any intermediary
(other than National Pension System Trust) may register a grievance with
the National Pension System Trust, against such intermediary. The
National Pension System Trust shall follow up the grievance with the
concerned intermediary for redressal of the raised subscriber grievance.
The National Pension System Trust shall seek the resolution of the
subscriber grievance in accordance with the provisions of the Act,
rules, regulations and applicable guidelines and respond appropriately
to the subscriber within twenty one days from the date of receipt of the
grievance under this sub-regulation.
(2) The subscriber whose grievance has not been resolved by the
intermediary within twenty one days from the date of submission of the
grievance to the National Pension System Trust, or who is not satisfied
with the resolution provided by the National Pension System Trust may
prefer an appeal to the Ombudsman against the concerned intermediary or
entity.
(3) Nothing contained in sub-regulation (1) shall apply to a grievance
which is directly against the National Pension System Trust, and it
shall be resolved by the National Pension System Trust in accordance
with the provisions of regulation 6
|
Escalation of Grievance to Grievance Cell, PFRDA.-
(1) Any subscriber whose grievance has not been resolved within fourteen
days from the date of receipt of the grievance by the intermediary, or
who is not satisfied with the resolution provided by any intermediary
may escalate that grievance to the Grievance Cell, PFRDA, against such
intermediary. Grievance Cell, PFRDA shall follow up the grievance with
the concerned intermediary for redressal of the raised subscriber
grievance. Grievance Cell, PFRDA for the facilitation of the resolution,
may call for information, records or clarification from the concerned
intermediary, nodal office or any other entity, and may require such
intermediary, nodal office or entity to re-examine the grievance and
furnish an appropriate response to the complainant within seven days
from the date of escalation.
(2) Where the grievance remains unresolved after expiry of seven days
from the date of escalation to the Grievance Cell, or where the
complainant is dissatisfied with the response furnished by the concerned
intermediary, nodal office or entity pursuant to such escalation, the
complainant may prefer an appeal to the Ombudsman in accordance with
regulation 22.
Provided that the grievance cell of the Authority, acting as a
facilitator for the resolution of the grievance, shall not be a party in
proceedings before the Ombudsman.
|
|
|
| 11 |
12 |
(4) At the request of the Authority, the Selection Committee may also
prepare a panel of persons out of which a person may be appointed as
Stipendiary Ombudsman.
|
(4) At the request of the Authority, the Selection Committee may also
prepare a panel of persons out of which a person may be appointed as
Ombudsman on Contract basis.
|
|
|
| 12 |
14 |
(v) has been a whole-time director in the office of an intermediary
under the National Pension System or any other pension scheme regulated
by the Authority and a period of two years has not elapsed from the date
of his cessation as such director |
(v) has been a whole-time director in the office of an intermediary
under the National Pension System or any other pension scheme regulated
or administered by the Authority and a period of two years has not
elapsed from the date of his cessation as such director |
|
|
| 13 |
17 |
Stipendary Ombudsman.- (1) Without prejudice to the provisions of
sub-regulation (2) of regulation 12, the Authority may appoint a person
as a Stipendiary Ombudsman out of the panel prepared by the selection
committee under sub-regulation (4) of regulation 12, for the purpose of
acting as an Ombudsman in respect of a specific matter or matters in a
specific territorial jurisdiction, as may be specified in the order of
appointment.
(2) A person who is eligible to be appointed as Ombudsman under these
regulations shall be eligible to be appointed as a Stipendiary
Ombudsman.
[(3) Save as otherwise specified by the Authority, the Stipendiary
Ombudsman shall exercise all powers and functions as are vested in an
Ombudsman under these regulations.]
(4) The Stipendiary Ombudsman shall be paid such fees or honorarium and
allowances for the services rendered by him, as may be determined by the
Authority from time to time.
|
Ombudsman on contract basis.- (1) Without prejudice to the provisions of
sub-regulation (2) of regulation 12, the Authority may appoint a person
as an Ombudsman on contract basis out of the panel prepared by the
selection committee under sub-regulation (4) of regulation 12, for the
purpose of acting as an Ombudsman as may be determined in the order of
appointment.
(2) A person who is eligible to be appointed as Ombudsman under these
regulations shall be eligible to be appointed as an Ombudsman on
Contract basis.
(3) Save as otherwise specified by the Authority, the Ombudsman on
Contract basis shall exercise all powers and functions as are vested in
an Ombudsman under these regulations.]
(4) The Ombudsman on contract basis shall be paid a fixed remuneration
as may be determined by the Authority from time to time.
|
|
|
| 14 |
18 |
Territorial jurisdiction.- Every Ombudsman or Stipendiary Ombudsman
shall exercise jurisdiction in relation to an area as may be specified
by the Authority by an order
|
Territorial jurisdiction.- Every Ombudsman shall exercise jurisdiction
in relation to an area as may be determined by the Authority.
|
|
|
| 15 |
19 |
Location of Office.- (1) The office of Ombudsman shall be located at the
head office of the Authority and if more than one Ombudsmen are
appointed then the office of any such Ombudsmen may be located at any
other office of the Authority or any other place as may be specified by
the Authority from time to time:
Provided that the Stipendiary Ombudsman when appointed for any specific
complaint or complaints shall be located at such place as may be
specified.
(2) In order to expedite disposal of complaints, the Ombudsman or
Stipendiary Ombudsman, as the case may be, may hold sittings at such
places within his area of jurisdiction as may be considered necessary
and proper by him.
(3) The Authority may provide the premises and other infrastructures
including staff or secretarial assistance for the office of Ombudsman or
Stipendiary Ombudsman, as the case may be.
|
Location of Office.- (1) The office of Ombudsman shall be located at the
head office of the Authority and if more than one Ombudsmen are
appointed then the office of any such Ombudsmen may be located at any
other office of the Authority or any other place as may be determined by
the Authority from time to time:
(2) In order to expedite disposal of complaints, the Ombudsman, as the
case may be, may hold sittings at such places within his area of
jurisdiction as may be considered necessary and proper by him.
(3) The Authority may provide the premises and other infrastructures
including staff or secretarial assistance for the office of Ombudsman,
as the case may be.
|
|
|
| 16 |
22 |
Filing of appeal with Ombudsman.– (1) An appeal may be filed with the
Ombudsman under these regulations where-
(a) by a complainant whose grievance has not been resolved within twenty
one days from the escalation of grievance with the National Pension
System Trust under regulation 10;
(b) by a complainant, where a complaint has been made directly against
the National Pension System Trust and is unresolved within twenty one
days; or]
(c) by a complainant, in relation to a complaint against any other
pension scheme regulated by the Authority, whose grievance remains
unresolved for a period of thirty days from the filing of his complaint
against such pension scheme;
The complainant may, himself or through an authorised representative
(not being a legal practitioner) file an appeal with the Ombudsman
within whose jurisdiction the branch office or head office or registered
office of an intermediary under the National Pension System or of any
other pension scheme regulated under the Act, is located:
Provided that if the Authority has not notified any Ombudsman for a
particular locality or territorial jurisdiction, the complainant may
request the Ombudsman located at the Head Office of the Authority for
forwarding his appeal to the Ombudsman of competent jurisdiction.
(2) The appeal shall be in writing duly signed by the complainant or his
authorised representative (not being a legal practitioner) in the Form
specified in the Schedule to these regulations and supported by
documents, if any.
(3) No appeal to the Ombudsman shall lie -
[(a) unless the complainant had, before making an appeal to the
Ombudsman concerned, made a written complaint to the concerned entity
(viz. intermediary or entity under National Pension System or any other
pension scheme regulated by the Authority) named in the complaint and
the concerned entity has rejected the complaint or the complainant has
not received any reply within a period of thirty days after the
concerned entity received his complaint or the complainant is not
satisfied with the reply given to him by the concerned entity and
thereafter the grievance has been raised to the National Pension System
Trust and the complainant has not received any reply within period of
twenty one days from National Pension System Trust or where the
complaint has been made directly against the National Pension System
Trust and no other intermediary, and remains unresolved within the
period of twenty one days, or is not satisfied with the reply given to
him as the case may be;]
(b) unless the appeal is made within forty-five days from the date of
receipt of response of the National Pension System Trust under
regulation 10 or under regulation 6, as the case may be, or within next
forty-five days, following the date of expiry of twenty one days from
the date of filing a representation or complaint with the National
Pension System Trust, as the case may be, and no reply having been
received to such representation or complaint.
|
Filing of appeal with Ombudsman.– (1) An appeal may be filed with the
Ombudsman under these regulations where-
(a) by a complainant whose grievance has not been resolved within the
period specified under regulation 6 and regulation 10, or who is
dissatisfied with the response furnished by the concerned intermediary,
nodal office or entity pursuant to escalation before the Grievance Cell
of the Authority.
(c) by a complainant, in relation to a complaint against any other
pension scheme regulated or administered by the Authority, whose
grievance remains unresolved for a period of twenty-one days from the
filing of his complaint against such pension scheme;
The complainant may, himself or through an authorised representative
(not being a legal practitioner) file an appeal with the Ombudsman
within whose jurisdiction the branch office or head office or registered
office of an intermediary under the National Pension System or of any
other pension scheme regulated or administered under the Act, is
located:
Provided that if the Authority has not notified any Ombudsman for a
particular locality or territorial jurisdiction, the complainant may
request the Ombudsman located at the Head Office of the Authority for
forwarding his appeal to the Ombudsman of competent jurisdiction.
(2) The appeal shall be in writing duly signed by the complainant or his
authorised representative (not being a legal practitioner) in the Form
specified in the Schedule I to these regulations and supported by
documents, if any.
(3) No appeal to the Ombudsman shall lie -
[(a) unless the complainant had first made a complaint to the concerned
intermediary or entity named in the complaint and such complaint has
either been rejected, or no response has been received within fourteen
days, or the complainant is dissatisfied with the response, and
thereafter the grievance has been escalated to the Grievance Cell of the
Authority under regulation 10 and the grievance remains unresolved
within seven days from such escalation, or the complainant is
dissatisfied with the response furnished pursuant to such escalation.
(b) unless the appeal is made within thirty days from the date of
receipt of response pursuant to regulation 10 or, where no response has
been received, within thirty days from the expiry of the period
specified under regulation 10.
|
|
|
| 17 |
23 |
Power to call for information.-
(1) For the purpose of carrying out his duties under these regulations,
an Ombudsman may require the intermediary or any entity under the
National Pension System or any other pension scheme regulated by the
Authority named in the complaint or any other person, institution or
body to provide any information or furnish certified copy of any
document relating to the subject- matter of the complaint which is or is
alleged to be in its or his possession:
Provided that in the event of failure of the intermediary or entity
under National Pension System or any other pension scheme regulated by
the Authority to comply with the requisition made under sub-regulation
(1) without any sufficient cause, the Ombudsman may, if he deems fit,
draw the inference that the information, if provided or copies if
furnished, would be unfavourable to the intermediary or entity under the
National Pension System or any other pension scheme regulated by the
Authority:
|
Power to call for information.-
(1) For the purpose of carrying out his duties under these regulations,
an Ombudsman may require the intermediary or any entity under the
National Pension System or any other pension scheme regulated or
administered by the Authority named in the complaint or any other
person, institution or body to provide any information or furnish
certified copy of any document relating to the subject- matter of the
complaint which is or is alleged to be in its or his possession:
Provided that in the event of failure of the intermediary or entity
under National Pension System or any other pension scheme regulated or
administered by the Authority to comply with the requisition made under
sub-regulation (1) without any sufficient cause, the Ombudsman may, if
he deems fit, draw the inference that the information, if provided or
copies if furnished, would be unfavourable to the intermediary or entity
under the National Pension System or any other pension scheme regulated
or administered by the Authority:
|
|
|
| 18 |
25 |
Award on adjudication.- (1) In the event, the matter is not resolved by
mutually acceptable agreement within a period of thirty days of the
receipt of the complaint or such extended period as may be permitted by
the Ombudsman, he shall, based upon the material placed before him and
after giving opportunity of being heard to the parties, give his award
in writing or pass any other directions or orders as he may consider
appropriate.
(2) The award on adjudication shall be made by the Ombudsman within a
period of ninety days from the date of the filing of the complaint: |
Award on adjudication.- (1) In the event, the matter is not resolved by
mutually acceptable agreement within a period of ten days of the receipt
of the complaint or such extended period as may be permitted by the
Ombudsman, he shall, based upon the material placed before him and after
giving opportunity of being heard to the parties, give his award in
writing or pass any other directions or orders as he may consider
appropriate in accordance with the provisions of the PFRDA Act 2013,
regulations, circulars, guidelines, directions and policy of the
Authority or any other applicable rules, instructions or policies issued
by the appropriate Authorities.
Explanation: The grievance cell of the Authority, acting as a
facilitator for the resolution of the grievance, shall not be a party in
proceedings before the Ombudsman.
(2) The award on adjudication shall be made by the Ombudsman within a
period of thirty days from the date of the filing of the complaint:
|
|
|
| 19 |
28 |
Finality of award and circumstances of revision:
(2) Any party aggrieved by the award passed by the Ombudsman may within
thirty days from the receipt of the award under regulation 24 or
corrected award under regulation 25, file an application for revision
before the Authority setting out the grounds for revision of the award:
(7) The designated member of the Authority shall endeavour to dispose of
the matter within a period of sixty days of the filing of the
application for revision. |
Finality of award and circumstances of revision:
(2) Any party aggrieved by the award passed by the Ombudsman may within
thirty days from the receipt of the award under regulation 24 or
corrected award under regulation 25, file an application for revision
before the Authority setting out the grounds for revision of the award
in the Form specified in Schedule II. The application shall be in
writing duly signed by applicant or authorised representative (not being
a legal practitioner) in the Form specified in the Schedule to these
regulations and supported by documents, if any.
(7) The designated member of the Authority shall endeavour to dispose of
the matter within a period of fifteen days of the filing of the
application for revision.
|
|
|
| 20 |
30 |
Implementation of the award
(1) The award shall be implemented by the party so directed within
thirty days of receipt of the award from the Ombudsman or an order of
the designated member of the Authority passed in confirmation or
revision, as the case may be, or within such period as specified in the
award or order of the Authority.
(2) If any person fails to implement the award or order of the
designated member of the Authority passed in the revision petition,
without reasonable cause –
(a) he shall be deemed to have failed to redress subscribers’ grievances
and shall be liable to a penalty under sub-section (3) of section 28 of
the Act;
(b) he shall also be liable for –
(i) an action for suspension or cancellation of certificate of
registration; or
(ii) such other action permissible which may be deemed appropriate in
the facts and circumstances of the case:
Provided that no such order shall be passed without following the
procedure laid down under the relevant rules or regulations. |
Implementation of the award
(1) The award shall be implemented by the party so directed within
thirty days of receipt of the award from the Ombudsman or an order of
the designated member of the Authority passed in confirmation or
revision, as the case may be, or within such period as specified in the
award or order of the Authority.
(2) If any person fails to implement the award or order of the
designated member of the Authority passed in the revision petition,
without reasonable cause –
(a) he shall be deemed to have failed to redress subscribers’ grievances
and shall be liable to a penalty under sub-section (3) of section 28 of
the Act;
(b) he shall also be liable for –
(i) an action for suspension or cancellation of certificate of
registration in accordance with relevant regulations.
(ii) such other action permissible which may be deemed appropriate in
the facts and circumstances of the case including disciplinary
proceedings by the employer. |
|
|
| 21 |
31 |
Display of the particulars of the ombudsman in office premises and
documents.
(1) Every intermediary or entity under the National Pension System and
any other pension scheme regulated by the Authority shall display the
name, address and contact details of the Grievance Redressal Officer
within such intermediaries or entities and also the name, address and
contact details of Ombudsman as specified by the Authority to whom the
complaints are to be made by any aggrieved person in public domain
including its website and office premises in such manner and at such
place, so that it is put to sufficient notice of the subscribers
visiting its office premises.]
(2) The intermediary or entity under the National Pension System and any
other pension scheme regulated by the Authority in its offer document or
subscriber’s agreements or notifications, office memorandum or circulars
shall give full disclosure about the grievance redressal mechanism
through the Ombudsman under these regulations. |
Display of the particulars of the ombudsman in office premises and
documents.
(1) Every intermediary or entity under the National Pension System and
any other pension scheme regulated or administered by the Authority
shall display the name, address and contact details of the Grievance
Redressal Officer within such intermediaries or entities for the purpose
of lodging any grievance and also the name, address and contact details
of Ombudsman appointed by the Authority to whom the appeal, if any, is
to be made by the aggrieved. Such information shall be placed on the
website and displayed at office premises in such manner and at such
place, so that it is put to sufficient notice of the subscribers
visiting its office premises.](2) The intermediary or entity under the
National Pension System and any other pension scheme regulated or
administered by the Authority in its offer document or subscriber’s
agreements or notifications, office memorandum or circulars shall give
full disclosure about the grievance redressal mechanism through the
Ombudsman under these regulations. |
|
|
