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ALL
INDIA SERVICES (PROVIDENT FUND) RULES, 1955 IN
exercise of the powers conferred by sub-section (1) of section 3 of the All India
Services Act, 1951 (LXI of 1951), the Central Government, after consultation,
with the Governments of the States concerned hereby makes the following rules,
namely:- 1. Short title.- These rules may be called
the All India Services (Provident Fund) Rules, 1955. 2.
Definitions.- 2(1) In these rules, unless the context otherwise requires.- 2(1)
1 (a) 'Account Officers' means the officer to whom the duty to maintain the provident
fund account of the subscriber has been assigned by the Comptroller and Auditor
General of India or Government, as the case may be. NOTE:- In relation to
a subscriber borne on the cadre of State or Union Territory where the provident
fund accounts have not been departmentalised, the duty maintain the provident
fund accounts is assigned by the Comptroller and Auditor General of India. In
case of other subscribers, this duty is assigned by Government. 2(1)
(b) 'child' means a legitimate child, a stepchild and shall include an adopted
child if, under the personal law of the subscriber, adoption is legally recognised
as conferring the status of a natural child; 2(1)
(c) 'emoluments' means, except where otherwise expressly provided, pay, special
pay, personal pay, leave salary orsubsistence allowance and includes any remuneration
in the nature of pay received by a member of the Service while on foreign service; 2(1)
(d) 'family' means- (1) in the case of a male subscriber, the wife or wives
and children of a subscriber and the widow, or widows, and children of a deceased
son of the subscriber. Provided that if a subscriber proves that his wife has
been judicially separated from him or has ceased under the customary law of the
community to which she belongs to be entitled to maintenance, she shall thenceforth
be deemed to be no longer a member of the subscriber's family in respect of matters
to which rules relate, unless the subscriber subsequently indicates in writing
to the Account Officer that she shall continue to be so regarded; (ii)
in the case of a female subscriber, the husband and children of a subscriber,
and the widow or widows and children of a deceased son of asubscriber. Provided
that if a female subscriber notifies in writing to the Account Officer expressing
her intention to exclude her husband from her family, the husband shall thenceforth
be deemed to be no longer a member of the subscribers' family in respect of matters
to which these rules relate, unless the subscriber subsequently indicates in writing
to the Accounts Officer that her husband shall continue to be so regarded; 2(1)
(e) 'form' means a form annexed to these rules; 2(1)
(f) 'Fund' means the All India Services Provident Fund; 2(1) (g) 'Government'
means- (i) in the case of a member of the Service serving in connection with
the affairs of the Union, the Central Government, or (ii) in the case of a
member of the Service serving under a foreign Government (whether on duty or on
leave), the Central Government, or (iii) in the case of a member of the Service
serving in connection with the affairs of a State, the Government of that State:
Provided that the President in the case of memebrsof the Service referred to in
sub-clause (i) or (ii) and the Governor in the case of members of the Service
referred to in sub-clause (iii) shall be deemed to be the Government for the purposes
of assignment of an insurance policy or mortgage to the Government. Explanation.-A
member of the Service whose services are placed at the disposal of any company,
corporation, organisation or any local authority by the Central Government or
the Government of a State, shall, for the purposes of these rules, be deemed to
be a member of the Service serving in connection with affairs of Union or the
affairs of that State, as the case may be, notwithstanding that his salary is
drawn from sources other than the Consolidated Fund of the Union or of that State.
(iv) in the case of a member of the Service on leave, the Government who sanctioned
him the leave. 2(1) (g) "Indian Civil Service member of the Indian Administrative
Service" means a person who was initially appointed to the Civil Service
of the Crown in India known as the Indian Civil Service and who subsequently became
a member of the Indian Administrative Service; 2(1) (g) "Indian Police
member of the Indian Police Service" means a person who was initially appointed
to the Police Service of the Crown in India known as the Indian Police and who
subsequently became a member of the Indian Police Service; 2(1)
(h) 'insurer' has the same meaning as assigned to it in the Insurance Act, 138
(IV of 1938); 2(1) (i) 'leave' means any kind of leave granted under the All-India
Services (Leave) Rules, 1955; 2(1) (j) 'member of the Service' means a member
of [an All India Service as defined in section 2 of All India Services Act, 1951
(61 of 1951)]: -------------------------------------------------------------
2 Inserted vide D.P. order No. 31/7/72-AIS (III) dated 1.10.72 -------------------------------------------------------------- 2(1)
(k) 'year' means a financial year. (2) (2) All words end expressions used
in these rules and not defined but defined in the Provident Fund Act, 1925 (XIX
of 1925) or in the Indian Administrative Service (Pay) Rules, 1954, or in the
Indian Police Service (Pay) Rules, 1954, shall have the meanings respectively
assigned to them in the said Act or in the said Rules. 3.
Constitution of the Fund.- 3(1) The Fund shall be maintained in India in rupees:
3 (2) Every member of the Service shall subscribe to the Fund. 3 (3) In the
case of a member of the Service who immediately before joining the Fund was a
subscriber to any other non-contributory provident fund or funds maintained by
the Government under whom he was at that time serving, his credit in, and liabilities
to, any such fund or funds shall be transferred to this Fund. 3 (4) In the
case of a member of the service who immediately before joining the Fund was a
subscriber to any Contributory Provident Fund or Funds maintained by the Government
under whom he was at that time serving, his credit in, and liabilities to, any
such Fund or Funds shall, insofar as the subscriber's contribution and interest
thereon are concerned, be transferred to this Fund and the Governments contribution
with interest there on shall be dealt with in the manner indicated in Rule 8 of
All India Services (Death-cum- Retirement Benefits) Rules, 1958. 3
(5) In the case of an Indian Civil Service member of the Indian Administrative
Service, his credit in the Indian Civil Service Provident Fund and in the Indian
Civil Service (Non-European Members) Provident Fund shall be transferred to this
Fund. 3 (6)In the case of an Indian Police member of the Indian Police Service,
his credit in the Secretary of State's Services General Provident Fund shall be
transferred to this Fund. 4. Nomination.- 4(1) Each
subscriber shall, as soon as may be after joining the Fund, send to the Accounts
Officer a nomination conferring on one or more persons the right to receive the
amount that may stand to his credit in the Fund, in the event of his death before
the amount has become payable or having become payable, has not been paid:
Provided that if at the time of making the nomination the subscriber has a family,
the nomination shall be in favour of any person or persons other than the members
of his family. 4 (2) If a subscriber nominates more
than one person under sub-rule (1), he shall specify in the nomination the amount
or share payable to each of the nominees in such manner as to cover the whole
of the amount that may stand to his credit in the Fund at any time. 4
(3) Every nomination under sub-rule (2) shall be in such one of the forms I to
IV as may be appropriate to each case. 4 (4) A subscriber
may at any time cancel a nomination by sending a notice in writing to the Accounts
Officer: Provided that the subscriber shall, along
with such notice, send a fresh nomination made in accordance with the provisions
of this rule. 4 (5) A subscriber may provide
in a nomination- (a) in respect of any specified nominee, that in the events
of his predeceasing the subscriber the right conferred upon that nominee shall
pass to such other person or persons as may be specified in the nomination:
Provided that such other person or persons shall, if the subscriber has other
members of the family, be a member or members of his family; (b) that the
nomination shall become invalid in the event of the happening of a contingency
specified therin:
Provided that if at the time
of making the nomination the subscriber has no family, he shall provide in the
nomination that it shall become invalid in the event of his subsequently acquiring
a family;
Provided further that, if at the time of
making the nomination the subscriber has only one member of the family, he shall
provide in the nomination that the right conferred upon the alternate nominee
under clause (a) shall also become invalid in the event of his subsequently acquiring
other member or members in his family. 4 (6) Immediately
on the death of a nominee in respect of whom no special provision has been made
in the nomination clause (a) of sub-rule (5) or on the occurence of any event
by reason of which the nomination becomes invalid in pursuance of clause (b) of
sub-rule (5) or the proviso thereto, the subscriber shall send to the Accounts
Officer a notice in writing cancelling the nomination, together with a fresh nominartion
made in accordance with the provisions of this rule. 4
(7) Every nomination made, and every notice of cancellation given, by a subscriber
shall, to the extent that it is valid take effect on the date on which it is received
by the Accounts Officer, who shall acknowledge the receipt of every such communication. Explanation
: For the purpose of this rule 'person' or 'persons' shall include 'a company
or association or body of individuals, whether incorporated or not'. It shall
also include a Fund such as the Prime Minister's National Relief Fund or any of
charitable or other Trust or Fund, to which nominations may be made through the
Secretary or other executive, authorised to receive payments. 5.
Subscriber's account.- An account shall be prepared in the name of each subscriber
and shall show the amount of his subscriptions with interest there on calculated
as prescribed in sub-rule (2) of rule 9. 6. Conditions
and rates of subscriptions.- 6 (1) A subscriber shall subscribe monthly to the
Fund except during a period of suspension: Provided that a subscriber may,
at his option, elect not to subscribe during leave; provided furhter that a subscriber
on reinstatement after a period passed under suspension shall be allowed the option
of paying in one sum, or in instalments, any sum not exceeding the amount of subscriptions
in arrear payable for that period. Explanation.- A
subscriber shall be deemed to have intimated his election not to subscribe during
leave if he makes no deduction on account of subscription in his first pay bill
drawn after proceeding on leave and the option so intimated shall be final.
6(1A) Notwithstanding anything contained in sub-rule (1): (a) a subscriber due
to retire shall not subscribe to the fund during the last three months his service;
(b) a subscriber not covered by '(a)' above shall not subscribe to the fund for
the month in which he quits service unless, before commen-cement of the said month,
he communicates to the Head of the Office in writing his option to subscribe for
the said month"; 6 (2) A subscriber, who has
under rule 29 withdrawn the amount standing to his credit in the Fund shall not
subscribe to the Fund after such withdawal unless and until he returns to duty.
6 (3) The amount of subscription shall be fixed by the subscriber himself subject
to the following conditions, namely: (a) it shall be expressed in whole rupees;
(b) It may be any sum, so expressed, not less than 6 per cent of his emolument
[ ] and not more than (his emoluments).
6 (4) For
the purpose of sub-rule (3), the emoluments of the subscriber shall be- (a)
in the case of a subscriber who was a member of the Service on the 31st day of
March of the preceding year, the emoluments to which he was entitled on that date,
provided as follows- (i) if the subscriber was on deputation out of India
on the said date and elected not to subscribe during such leave or was under supension
on the said date, his emoluments to which he was entitled on the first day after
his return to duty; (ii) if the subscriber was on
deputation out of India on the said date or was on leave on the said date and
continues to be on leave and has elected to subscribe during such leave, his emoluments
shall be the emoluments to which he would have been entitled had he been on duty
in India; (b) in the case of a subscriber who was
not a member of the Service on the 31st day of March of the proceeding year, the
emoluments to which he was entitled on the first day of his Service. 6(5)
A subscriber shall intimate the fixation of the amount of his monthly subscription
in each year in the following manner:- (a) if he was on duty on the 31st day
of March of the preceeding year, by the deduction which he makes in this behalf
from his ay bill for that month; (b) if he was on leave on the 31st day of
March of the proceeding year and elected not to subscribe during such leave, or
was under suspension on that date, by the deduction which he makes in this behalf
from his first pay bill after his return to duty; (c) if he has been appointed
as a memebr of the Service during the year, by the deduction he makes in this
behalf from his pay bill for the month following the month in which he was appointed
to the Service; (d) if he was on leave 31st day of March of the preceding
year and continues to be on leave and has elected to subscribe during such leave,
by the deduction which he causes to be made in this behalf from his salary bill
for that month; (e) if he was on foreign service on the 31st day of March
of the preceding year, by the amount credited by him into the treasury on account
of subscription for the month the April in the current year. 6(6) The amount
of subscription so fixed may be- (a) reduced once at any time during the course
of the year; or (b) enhanced twice during the course of the year; or (c)
reduced and enhanced as aforesaid: Provided that when the amount of subscription
is so reduced, it shall not be less than the minimum in subrule (3). 6 "(7)
If a subscriber is on leave without pay or leave on half-pay for a part of a calendar
month and he has elected not to subscribe during such leave, the amount of subscription
payable shall be proportionate to the member of days spent on duty, including
leave, if any, other than the leave referred to above." 7.
Transfer to foreign service or deputation out of India.- When a subscriber is
transferred to foreign service or sent on deputation out of India, he shall continue
to be subject to the rules of the Fund in the same manner as if he was not so
transferred or sent on deputation. 8. Realisation
of subscription.- (1) When emoluments are drawn from treasury in India, subscriptions
on account of such emoluments and theprincipal and interest of advance, if any,
shall be deducted from the emoluments; but when emoluments are drawn from any
other source, the subscriber shall forward his dues monthly to the Accounts Officer.
-------------------------------------------------------- 13 Substituted vide
D.P. & A.R. Notification No. 11026/9/79-AIS (III), dated the 12th March, 1980
(GSR No. 3446, dt. 29-3-80). --------------------------------------------------------
Provided that in the case of subscribers on deputation
to a body corporate owned or controlled by Government, the subscriptions shall
be recovered and forwarded to the Accounts Officer by such body. 8(2)
If a subscriber fails to subscribe with effect from the date on which he joined
the Fund or is an default in any month or months during the course of a year otherwise
than as provided in rule 6, the total amount due to Fund on account of arrears
of subscription shall with interest thereon at the rate provided in rule 9, forthwith
be paid by the subscriber to the Fund or in default be ordered by the Account
Officer to be recovered by deduction from the emoluments of the subscriber by
instalments or otherwise as may be directed by the Government: Provided that
sub-scriber whose deposits in the Fund carry no interest shall not be required
to pay any interest. 9. Interest.- 9(1) Subject to
the provisions of sub-rule (5), interest at such rate as may be determined for
each year according to the method of calculation prescribed from time to time
by the Central Government shall be paid to the credit of the account of a subscriber.
9(2) Interest shall be credited with effect from the last day in each year in
the following manner:- (i) on the amount at the credit of a subscriber on
the last day of the preceding year, less any sums withdrawn during the current
year-interest for twelve months; (ii) on sums withdrawn
during current year-interest from the begining of the current year upto the last
day of the month preceding the month of withdrawal; (iii)
on all sums credited to the subscribers account after the last day of the preceding
year-interest from the date of deposit upto the end of the current year; (iv)
the total amount of interest shall be rounded to the nearest whole rupee, a fraction
of a rupee less than [Fifty Naye Paise] being regarded amd a fraction of rupee
equal to or exceeding (fifty naya paise) being regarded as one rupee. Provided
that when the amount standing at the credit of a subscriber has become payable,
interest shall be credited under this rule in respect only of the period from
the begining of the current year or from the date of deposit, as the case may
be, upto the date on which the amount standing at the credit of the subscriber
became payable. 9 (3) In this rule, the date of deposit
shall:- (a) in the case of a recovery from emoluments, be deemed to be the
first day of the month in which it is recovered; and [Provided that where
there has been a delay in the drawal of pay of leave salary and allowances of
a subscriber and consequently in the recovery of his subscription towards the
Fund, the interest on such subscriptions shall be payable from the month in
which the pay or leave salary of the subscriber was due under the rules irrespective
of the month in which it was actually drawn. Provided further that where the
emoluments for a month are drawn on the last working day of the same month the
date of deposit shall in the case of recovery of his subscriptions, be deemed
to be the first day of the succeeding month.
(b) In the case of an account forwarded by the subscriber be deemed to be the
first day of the month of receipt if it is received by the Accounts Officer before
the fifth day of that month and if it is received on or after the fifth day of
that month, the first day of the next succeeding month: Provided that in the
case of an amount forwarded in accordance with the proviso to sub-rule (1) of
rule 8, the date of deposit shall be deemed to be the first day of the month if
it is received by the Accounts Officer before the fifteenth day of that month.
9
(4) In addition to any amount to be paid under rules 28, 29 or 30, interest thereon
up to the end of the month preceding that in which the payment is made or up to
the end of six month after month in which such amount became payable whichever
of these periods be less, shall be payable to the person to whom such amount is
to be paid: Provided that where the Accounts Officer
has intimated to that person (or his agent) a date on which he is prepared to
take payment in cash, or has posted a cheque for the amount to that person, interest
shall be payable only up to the end of the month preceding the date so intimated
or the date of posting of the cheque, as the case may be: Provided
further that where a subscriber on deputation to a body corporate owned or controlled
by the Government or an autonomous organisation registered under the Societies
Registration Act, 1860 (21 of 1860) is subsequenlty absorbed in such body corporate
organisation with effect from a retrospective date, for the purpose of calculating
the interest due on the Fund accumulations of the subscriber, the date of issue
of the orders regarding absorption shall be deemed to be the date on which the
amount to the credit of the subscriber became payable subject, however, to the
condition that the amount recovered as subscription during the period commencing
from the date of absorption and ending with the date of issue of orders of absorption
shall be deemed to be the subscription to the Fund only for the purposes of awarding
interest under this sub-rule. NOTE.- Payment of interest on the Fund balance
beyond a Period six months may be auhtorised:- (a)
upto a period of one year, by an officer (which expression) includes the Pay and
Accounts Officer in a Union Territory where the accounts have been departmentalised
nominated by the Head of Accounts Office; and (b)
upto a period, exceeding one year by the Head of Accounts Office (which expression
includes a Controller of Accounts in a Union Terretory where the accounts have
been departmentalised). after the said officer or as the case may be the Head
of Accounts Office has personally satisfied himself that the delay in payment
was occasioned by circumstances beyond the control of the subscriber or the person
to whom such payment was to be made and in every such cases the administrative
delay involved, in the matter shall be fully investigated and action, if any required,
taken. [ ] 9 (5) Interest shall not be credited to the accounts of a subscriber
if he informs the Accounts Officer that he does not wish to receive it; but if
he subsequently asks for interest, it shall be credited with effect from the first
day of the year in which he asks for it. 9 (6) Interest
on amounts which under sub-rule (2) of rule 8, [ ]rule 28 or 29, are replaced
at the credit of the subscriber in the Fund, shall be calculated at such rates
may be successively prescribed under sub-rule (1) of this rule and so far as may
be in the manner described in this rule. 9 (7) In
case a subscriber is found to have drawn from the fund anamount in excess of the
amount standing to his credit on the date of the drawal, the overdrawn amount,
irrespective of whether the overdrawal occurred in the course of an advance or
a withdrawal or the final payment from the fund, shall be repaid by him with interest
thereon, in one lumpsum, or in default, be ordered to be recovered by deduction
in one lumpsum from the emoluments of the subscriber. If that total amount to
be recovered is more than half of the subscriber's emoluments recoveries shall
be made in monthly instalments of moieties of his smoluments till the entire amount
together with interest, is recovered. For this rule, the rate of interest to be
charged on overdrawn amount would be 2 1/2% over and above the normal rate of
Provident Fund balances under sub-rule (1). The interest realised on the overdrawn
amount shall be credited to Government account under a distinct, sub-head "Interest
on overdrawal from Provident Fund". 10. Advance
from the Fund.- (1) The Government (or an officer not below the rank of the subscriber
and specified in this behalf by the Government) may sanction the payment to a
subscriber of a temporary advance from the amount standing to his credit in the
Fund, subject to the following conditions:- 10(1)
(a) No advance shall be granted unless the sanctioning authority is satisfied
that subscriber's pecuniary circumstances justify it and that it will be expended
on any of the following objects namely:- (i) to pay
expenses incurred in connection with the serious or prolonged illness of the subscriber
or any person actually dependent on him; (ii) to pay for the overseas passage
for reasons of health on education of the subscriber or any person actually dependent
on him and also to meet the cost of education of the subscriber or of any person
actually dependent on him outside India, whether for an academic, technical, professional
or vocational course; or in India for medical, engineering or other technical
or specialised courses beyond the high school stage, provided that the course
of study is not less than 3 years; (iii) to pay obligatory expenses on a scale
appropriate to the subscriber's status which by costomary usage the subscriber
has to incur in connection with marriages, funerals or other ceremonies; (iv)
to meet the cost of legal proceedings intituted by or against the subscriber,
any member of his family or any person actually dependent upon him, the advance
in this case being available in addition to any advance admissible for the same
purpose from any other Government source; (v)24 to
meet the cost of subscriber's defence where he engages a legal practitioner to
defend himself in an inquiry in respect of any alleged official misconduct on
his part. (vi) to meet the cost of plot or construction
of a house or flat for his residence or to make any payment towards the allotment
of plot or flat by any Urban Development Authority or a State Housing Board or
a House Building Co-operative Society; (vii) to purchase
consumer durables such as television, video cassette recorder, video cassette
player, washing machine, cooking range, geysers, computers. 26Provided that
in special cirumstances, the Government at its discretion or where the sanctioning
authority is other than the Government, such authority with previous approval
of the Government, may sanction an advance if it is satisfied that the subscriber
concerned requires the advance for reasons other than those mentioned above: Provided
that the advance under sub-clause (iv) or sub-clause (v) shall not be admissible
to a subscriber who institutes legal proceedings in any court either in respect
of any matter unconnected with his official duty or against Government in respect
of any condition of service or penalty imposed on him. 10(1)
(b) The sanctioning authority shall record in writing its reasons for granting
the advance. 10(1) (c) An advance shall not, except for special reasons-
(i) exceed three month's pay or half the amount standing at the credit of the
subscriber in the Fund, whicheveris less, or (ii) unless the amount already
advanced does not exceed two-thirds of the amount admissible under sub-clause
(I) above, be granted until at least a period of twelve months has lapsed after
the final repayment of all previous advances 27[ ] Provided that if any such
reasons is of a confidential nature it may be communicated to the Account Officer
personally or confidentailly; Provided furhter that where the sanctioning
authority is other than the Government no such advance shall be sanctioned except
with the previous approval of the Government. 10(2) In fixing the amount of
an advance, the sanctioning authority shall pay due regard to the amount standing
at the credit of the subscriber in the Fund. 10 (3) When an advance is sanctioned
under clause (c) of sub-rule (1) before repayment of the last instalment of any
previous advance is completed, the balance of any previous advance not recovered
shall be added to the advance so sanctioned and instalments for recovery shall
be fixed with reference to the consolidated amount. 10 (4) After sanctioning
the advance, the amount shall be drawn on an authorisation from the Accounts Officer
in cases where the application for final payment had been forwarded to the Accounts
Officer under clause (ii) of sub-rule (3) of rule 31. 11.
Recovery of advances.- (1) An advance shall be recovered from the subscriber in
such number of equal monthly instalments as the 31 sanctioning authority may direct,
but such number shall not be less than twelve unless the subscriber so elects
or more than twenty-four. A subscriber may at his option, repay more than one
instalment in month. Each instalment shall be a number of whole rupees the amount
of the advance being raised or reduced, if necessary to admit of the fixation
of such instalments: Provided that where the amount advanced exceeds three
month's pay or half the amount at the credit of the subscriber, the Government
or where the sanctioning authority is other than that Government such authority
with the previous approval of the Government, may direct that the amount may be
recovered in a maximum of thiry-six instalments. 11 (a) (2) Provided that- 33
(b) recovery may be postponed by sanctioning authority during the recovery of
an advance of pay granted to the subscriber. 11(3) 34 11(4) 11. (5)
If an advance has been granted to a subscriber and drawn by him and the advance
is subsequently disallowed before repayment is completed the whole or balance
of the amount withdrawn shall, 34 [ ] forth with be repaid by the subscriber to
the Fund, or in default, be ordered by the Accounts Officer to be recovered by
deduction from the emoluments of the subscriber by instalments or otherwise, as
may be directed by the 33(sanctioning authority): 34 [ ] Provided
that, before such advance is disallowed, the subscriber shall be given in oppurtunity
to explain to the sanctioning authority in writing, and within fifteen days of
the receipt of the communication, as to why the repayment should not be enforced,
and if an explanation is submitted by the subscriber within the said period of
fifteen days, it shall be referred to the Government for decision and if no explanation
within the said period is submitted by him, the repayment of the advance shall
be enforced in the manner prescribed in this sub-rule. 11(6) Recoveries made
under this rule shall be credited as they are made to be subscribers account in
the Fund. 12. Withdrawal from the Fund.- (1) subject
to the conditions specified in rules 13, 15 and 16, Government may at any time
after the completion of 37 ten years of Service (including broken periods of service
if any) of a subscriber or within ten years before the date of his retirement
on superannuation whichever is earlier, sanction withdrawal by him from the amount
standing to his credit in the Fund for one or more of the following purposes,
namely:- 12(1) (a) building or acquiring a suitable
house or a ready-built flat for his residence including the cost of the site;
12(1) (b) repaying an outstanding amount on account of a loan expressly taken
for building or acquiring a suitable house or ready-built flat for his residence;
12(1) (c) purchasing a house sit for building a house thereon for his residence
or repaying any outstanding amount on account of a loan expressly taken for this
purpose; 12(1) (d) reconstructing of/or making additions or alterations to
a house or a flat already owned or acquired by a subscriber; 12(1) (e) renovating,
making additions or alterations to or upkeep of an ancestral house at a place
other than the place of duty or to a house built with a loan from Government at
a place other than the place of duty; 12(1) (f) constructing a house on a
site purchased under clause (c); 12(1) (g) meeting the cost of consumer durables
such as television, video cassette recorder, video cassette player, washing machines,
cooking range, geysers, computers. 12 (1A) Subject to the conditions specified
in rules 14 and 14A, the Government may at any time after the completion of fifteen
years of service (including broken periods of service if any) of a subscriber
or within ten years before the date of his retirement on superannuation, whichever
is earlier, sanction withdrawal by him from the amount standing to his credit
in the Fund for one or more of the following purposes namely:- 12 (1A) (a)
meeting the cost of higher education, including where necessary the travelling
expenses of the subscriber or any child of the subscriber in the following cases,
namely:- (i) for education outside India for academic, technical, professional
or vocational course beyond the High School Stage; (ii) for any medical, engineering
or other technical or specialised course in India beyond the High School Stage; 12
(1A) (b) meeting the expenditure in connection with the betrothal or marriage
of the subscriber or his sons or daughters, and any other female relation actually
dependent on him; 12 (1A) (c) meeting the expenses in connection with the
illness, including where necessary, the travelling expenses, of the subscriber
and members of his family or any person actually dependent on him. * Inserted
vide DP&T No. 11026/5/90-AIS-III dated July, 1991 12 (1B) The Government
may at any time within twelve months before the date of retirement on superannuation
sanction withdrawal of upto ninety percent of the amount standing to his credit
of a member of an All India Service in the Fund without assigning any reason only
once. 12 (1C) The Government may, once during the courseof a financial year,
sanction withdrawal from the amount standing to his credit in the Fund a sum equivalent
to one year's subscription paid for by the subscriber towards the Group Insurance
Scheme under the All India Services (Group Insurance) Rules, 1981. NOTE
1: A subscriber who has availed himself of an advance under the scheme of the
Ministry of Works and Housing for the the grant of advance for house-building
purpose; or has been allowed any assistance in this regard from any other Government
source, shall be eligible for the grant of final wwwhdrawal under clauses (a),
(c), (d) and (f) of sub-rule (1) for the purpose specified therein and also for
the purpose of repayment of any loan taken under the aforesaid Scheme subject
to the limit specified in the second provision to sub-rule (1) of rule 13.
If a subscriber has an ancestral house or built a house at a place other than
the place of his duty with the assistance of loan taken from the Government he
shall be eligible for the grant of final withdrawal under clauses (a), (c) and
(f) of sub-rule (1) for purchase of a house site or for construction of another
house or for acquiring a ready-built flat at the place of his duty. NOTE
2: Withdrawal under clauses (a), (d), (e) or (f) of sub-rule (1) shall be sanctioned
only after subscriber has submitted a plan of the house to be constructed or of
the additions or alterations to be made duly approved by the local municipal body
of the area where the site or house is situated and only in cases where the plan
is actually got to be approved. NOTE 3: The amount
of withdrawal sanctioned under sub-clause (b) of sub-rule (1) shall not exceed
3/4 of the balance on date of application together with the amount of previous
withdrawal under sub-clause (a) reduced by the amount of previous withdrawal.
The formula to be followed is: 3/4th [balance as on date plus amount of previous
withdrawal(s) for the house in question minus the amount of the previous withdrawal
(s). NOTE 4: Withdrawal under clause (a) and (d) of
sub-rule (1) shall also be allowed where the house site or house is in the name
of wife/husbandprovided she/he is the first nominee to receive provident Fund
money in the nomination made by the subscriber. NOTE
5: Only one withdrawal shall be allowed for the same purpose under rule 12, But
marraige/education of different children or illnes on different occasions shall
not be treated as the same purpose. Second or subsequent withdrawal under clauses
(a) or (f) of sub-rule (1) for completion of the same house shall be allowed upto
the limit laid down under Note 3. NOTE 6: A withdrawal
under rule 12 shall not be sanctioned if an advance under rule 10 is being sanctioned
for the same purpose and at the same time. 12 (2) Subject to the conditions
specified in rule 14C, the Government may, at any time after the completion of
fifteen yeas of service by a subscriber, sanctioned withdrawal by him from the
amount standing to the credit in the Fund for booking or purchasing a motor car
or motor cycle/Scooter/moped etc. or for repaying a Government loan already taken
by him for the purpose; 12 (2A) Subject to the conditions
laid down in sub-rule (1A) of rule 14C, the Government may, at any time after
the completion of twenty eight years of service by a subscriber or within three
years before the date of his retirement on superannuation, sanction withdrawal
by him from the amount standing to his credit in the Fund for extensive repairs
or overhauling of his motor car; 12 (3) Whenever a
subscriber is in a position to stisfy the competent authority about the amount
standing to his credit in his account with reference to the latest avialable statement
of his account together with the evidence of subsequent contributions the competent
authority may itself sanction withdrawal within the prescribed limits, as in the
case of a refundable advance. In doing so, the competent authority shall take
into account any withdrawal or refundable advance already sanctioned by it in
favour of the subscriber. For this purpose, the competent authority, while sanctioning
withdrawal, whall record a certificate in Form IV A or Form IV B, as the case
may be. Where, however, the subscriber is not in a position to satisfy the competent
authority about the amount standing to his credit or where there is any doubt
about the admissibility of the withdrawal applied for, a reference may be made
to the Accounts officer by the competent authority for ascertaining the amount
standing to the credit of the subscriber with a view to enabling the competent
authority to determine the admissibility of the amount of withdrawal. The sanction
for the withdrawal should prominently indicate the Account Number and the Accounts
Officer, maintaining the accounts and a copy of the sanction for withdrawal should
invariably be endorsed to that Accounts Officer.The sanctioning authority shall
be responsible to ensure that an acknowledgement is obtained from the Accounts
Officer that the sanction for withdrawal has been noted in the ledger account
of the subscriber. In case the Accounts Officer reports that the withdrawal as
sanctioned is in excess of the amount to the credit of the subscriber or otherwise
inadmissible, the sum withdrawn by the subscriber shall forthwith be repaid in
one lump sum by the subscriber to the fund and in default of such repayment, it
shall be ordered by the sanctioning authority to be recovered from his emoluments
either in a lump sum or in such number of monthly instalments as may be determined
by the President. 12 (4) Where, a withdrawal has been
sanctioned under sub-rule (3), the amount shall be drawn on an authorisation from
the Accounts Officer in cases where the application for final payment had been
forwarded to the Accounts Officer under clause (ii) of sub-rule (3) of rule 31. 13.
Maximum amount of withdrawal under sub-rule (1) of rule 12 :- (1) Any sum withdrawn
by a subscriber under clauses (a) to (f) of sub-rule (1) of rule 12 from the amount
standing to his credit in the Fund shall not exceed- 13 (1) (a) One-half of
such amount, or 13 (1) (b) in the case of building
or acquiring a suitable house for his residence, including the cost of the site
or the amount required for repayment of the loan taken for this purpose or for
reconstruction, or making additions or alterations, to a house already owned or
acquired by him, the actual cost, whichever is less. *Provided that the sanctioning
authority may sanction the withdrawal of an amount in excess of the limit set
out in Clause (a) upto ninety percent of the balance at the credit of the subscriber
in the Fund but not exceeding two hundred times the basis pay subject to a maximum
of Rs. eight lakhs, whichever is less: Provided further that in the case of
a subscriber who has availed himself of an advance under the scheme of the Ministry
of Urban Development for the grant of advances for house building purposes, or
has been allowed any assistance in this regard from any other Government source,
the sum withdrawn under this sub-rule together with the amount of advance taken
under the aforsaid scheme of the assistance taken from any other Government source,
shall not exceed rupees eight lakhs or two hundred times the basic pay, whichever
is less. Explanation.- For the purposes of this
sub-rule the actual expenditure incurred in connection with the execution of any
document relating to transaction may be included in the cost of the house or the
amount required for the payment of the loan.
NOTE.-
In cases where a subscriber has to pay in instalments for a site or a house or
flat purchased, or a house or flat constructed through any Urban Development Authority
or a State Housing Board or a House Building Co-operative Society, he shall be
permitted to make a withdrawal as and when he is called upon to make a payment
of any instalment. Every such payment shall be treated as a payment for a separate
puposes for the purposeof sub-rule (1) of rule 13. 13(2) If a subscriber desires
to withdraw any sum under sub-rule (1) of rule 12 for constructing, reconstructing
or making additions or alterations to a house he shall be permitted to do so only
in equal instalments of not less than two and not more than four in number; but
the withdrawal of any instalment after the first shall be permitted by the Government
only if it is satisfied that there has been sufficient progress in the construction
of the house. 13(3) If any sum withdrawn by a subscriber
under this rule is found to be in excess of that actually spent for the purpose
for which such sum was withdrawn or is not applied for such purpos the excess
or the whole of such sum or so much thereof as has not been so applied, shall
forthwith be repaid by the subscriber to the Fund; and in default of such repayment,
it shall be ordered by the Government to be recovered from his emoluments either
in a lump sum or in such number of monwhly instalments as may be determined by
the Government: Provided that, before repayment of a withdrawal is enforced
under this sub-rule, the subscriber shall be given an opportunity to explain in
writing, and within fifteen days of receipt of the communication, as to why the
repayment should not be enforced, and if the Government is not satisfied with
the explanation or no explanation is submitted by the subscriber within the said
period of fifteen days, it shall be ordered by the Government toenforce the repayment
in the manner prescribed in this sub-rule; [ ] 14.
Maximum amount of withdrawal for meeting the cost of higher education.- (1) A
subscriber may under clause (a) of sub-rule (1A) of rule 12, withdraw from the
amount standing to his credit in the Fund- (i) a sum not exceeding one-half
of such amount or six month's pay, whichever, is less, when education is imparted
outside India: and (ii) a sum not exceeding one half of such amount or six
month's pay, whichever is less, when education is imparted in India. Provided
that the sanctioning authority may sanction the withdrawal of an amount in excess
of this limit upto three-fourths of the balance at the credit of the subscriber
in the fund, having due regard to his status and the amount to his credit in the
fund. 14 (2) A withdrawal sanctioned to a subscriber
under clause (a) of sub-rule (1A) of rule 12, from the amount standing to his
credit in the Fund, may be drawn instalments the number of which shall not exceed
four in a period of twelve calendar months counted from the date of sanction. 14(3)
(a) A subscriber who has been permitted to withdraw money under clause (a) of
sub-rule (1A) of rule 12 from the amount standing to his credit in the Fund, shall
satisfy the government within a period of six months from the date of withdrawal
that the money has been utilised for the purpose for which it was withdrawn, and
if he fails to do so, the whole of the sum so withdrawn or so much there of as
has not been applied for the purpose for which it was withdrawn, shall forth with
be repaid, by the subscriber to the Fund and in default of such repayment, it
shall be ordered by the Government to be recovered from his emoluments either
in a lump sum or in such number of monthly instalments, as may be determined by
the Government). Provided that, before repayment of
a withdrawal is enforced under this sub-rule, the subscriber shall be given an
opportunity to explain in writing, and within fifteen days of the receipt of the
communication, as to why the repayment should not be enforced and if the Government
is not satisfied with the explanation or no explanation is submitted by the subscriber
within the said period of fifteen days, it shall be ordered by the Government
to enforce the repayment in the manner prescribed in this sub-rule. Provided
further 58 that where a portion of the money withdrawn is not likely to be spent
within the said period and the subscriber desires to withdraw any further sum
of money from the Fund during the period of six months immediately following the
said period, he shall so fix the amount proposed to be withdrawn during the period
as to take into account this excess amount and submit an application in writing
to the Government in that behalf within one month of the expiry at the said period:
Provdied 58 also that such excess amount shall not excceed ten per cent of the
amount utilised. 56 [(b)] 14-A(1). Maximum amount
of withdrawal for meeting expenditure on betrothal/marriage or the subscriber
on his sons of daughters.- Any sum withdrawn by a subscriber under clause (b)
of sub-rule (1A) of rule 12 from the amount standing to his credit in the Fund
shall be normally limited to one half of such amount or six months' pay whichever
is less: Provided that the sanctioning authority may sanction the withdrawal
of an amount in excess of this limit upto three-fourths of the balance at the
credit of the subscriber in the Fund, having due regard to his status and the
amount to his credit in the Fund. --------------------------------------------------------------------------------
©
Copyright 2000-2001 Taxindiaonline Priovident
Fund Rules NOTE 1.- If two or
more marriages are to be celebrated simultaneously, the amount admissible in respect
of each such marraige will be determined as if the advances are sanctioned separately,
one after the other. [ ] 14-A (2) In respect of the same marriage, the
subscriber may either withdraw the money under clause (b) of sub-rule (1a) of
rule 12 or draw an advance under rule 10. 14-A (2-A) [Deleted.] 14-A (3)
Withdrawal by a subscriber from the amount standing to his credit in the Fund
shall be permitted not earlier than three months preceding the month in which
the marriage actually takes place. 14-A (4) A subscriber
shall satisfy the Government within a period of one month from the date of marriage
or, if he is on leave, within one month of his return from leave, that the money
has actually been utilised for the purpose for which it was withdrawn and if he
fails to do so, the whole of the sum so withdrawn or so much there of as has not
been applied for the purpose for which it was withdrawn 65[ ] from the month ofwithdrawal
shall be redeposited into the Fund forthwith by the subscriber; and in default
of such repayment, it shall be ordered by the Government to be recovered from
his emoluments either in a lump sum or in such number of monthly instalments as
may be determined by the Government: Provided that, before repayment of a
withdrawal is enforced under this sub-rule, the subscriber shall be given an opportunity
to explain in writing, and within fifteen days of the receipt of the communication,
as to why the repayment should not be enforced, and if the Government is not satisfied
with the explanation or no expalanation is submitted by the subscriber within
the said period of fifteen days, it shall be ordered by the Government to enforce
the repayment in the manner prescribed in this sub-rule" [ ]. 14-B (1)
Maximum amount of withdrawal for meeting the expenses in illness etc.- Any sum
withdrawn by a subscriber under clause (c) of sub-rule(1A) of rule 12 from the
amount standing to his credit in the Fund shall be limited to one half of such
amount or six months pay whichever is less: "Provided
that the sanctioning authority may sanction the withdrawal of an amount in excess
of this limit upto three-fourths of the balance at the credit of the subscriber
in the fund, having due regard to his status and the amount to his credit in the
Fund." 66 14-B (2) A subscriber who has been
permitted to withdraw money from the fund under the clause (c) of sub-rule (1A)
of Rule 12 shall satisfy the Government within a period of six months from the
date of withdrawal that the money has been utilised for the purpose forwhich it
was withdrawn, and if he fails to do so the whole of the sum so withdrawn or so
much thereof as has not been applied for the purpose for which it was withdrawn,
shall forthwith be repaid in one lump sum by the subscriber to the Fund, and in
default of such payment, it shall be ordered by the Government to be recovered
from his emoluments either in a lump sum or in such number of monthly instalments,
as may be determined by the Government:- Provided that, before repayment
of withdrawal is enforced under this sub-rule, the subscriber shall be given an
opportunity to explain in writing, and within fifteen days of the receipt of the
communication, as to why the repayment should not be enforced, and if the Government
is not satisfied with the explanation or no explanation is submitted by the subscriber
within the said period of fifteen days, it shall be ordered by the Government
to enforce the repayment in the manner prescribed in this sub-rule: 14-C.
Maximum amount of withdrawalfor booking69 purchase/ repairs/ overhauling of motor
cars/motor Cycle/ Scooter/Moped etc. (1) Any sum withdrawn by a subscriber under
sub-rule (2) of rule 12 from the amount standing to his credit in the Fund shall
be limited to (i) twenty five thousand rupees for
purchase of motor car and four thousand rupees for the purchase of a motor-cycle/scooter/
moped etc; (ii) ten thousand rupees for booking of mototr car and five hundred
rupees for booking a motor cycle/scooter/moped or one half of the amount standing
to the credit of the subscriber in the Fund; or (iii) the actual price/actual
amount for purchase/booking of the car or mototr-cycle/ scooter/moped etc. as
the case may be whichever is less. NOTE. 1: The subscriber
shall produce the deposite receipt for verifications by the government within
a period of one month from the date of drawal and if he fails to do so the total
amount of withdrawal shall be redeposited into the Fund forthwith. NOTE.
2: The subscriber shall redeposit into the fund the amount of final withdrawal
together with the interest received thereon from the manufacturer/dealer, if he
does not purchase a car/motor-cycle/scooter/moped etc. or opts out of the scheme. NOTE.
3: Withdrawal for booking shall not be counted as withdrawal for purchase of motor
car or motor-cycle/scooter/moped etc. but the amount of withdrawal for booking
sanctioned earlier shall be adjusted against the amount admissible and sanctioned
for the purchase; Provided that the sanctioning authority
may, if considered necessary, and as a special case sanction the withdrawal of
an amount in excess of this limit upto one half of the balance at subscriber's
credit in the fund account or the price of the motor car which ever is less. 14-C
(1 A) Any sum withdrawn by subscriber under sub-rule (2A) of rule 12 from the
amount standing to his credit in the Fund shall not exceed five thousand rupees
or one third of the amount standing to his credit in the fund or the actual amount
of extensive repairing/overhauling whichever is the least; "Provided
that no withdrawal shall be allowed unless a period of 5 years has elapsed from
the date of purchase of the car by the subscriber or in the case of a second hand
car from the date of purchase by the first purchaser." 14-C
(2) Withdrawal by a subscriber under sub-rule (2) or sub-rule (2a) of rule 12
from the amount standing to his credit in the Fund shall be permitted only on
one occasion. 15. Conditions for withdrawal 71 under
sub-rule (1) of rule 12. -(1) No, withdrawal shall be permitted for any purpose
specified in 71clause (a) to (f) of sub-rule (1) of rule 12 unless the Government
is satisfied- 15 (1) (a) that, except in the case
of withdrawal for the reconstructing, or making additions or alterations to a
house under clauses (a) to (f) of sub-rule (1) of rule 12, the subscriber does
not already own a house at the place of his duty [ ] and that only one house will
be built, acquired, or redeemed by the subscriber at such place; 15 (1) (b)
that the sum which it is proposed to withdraw is actually required for that purpose; 15
(1) (c) that such sum, together with the private savings, if any, of the subscriber
would be sufficient for that purpose; 15 (1) (d) that in the case of withdrawal
for the construction of a house- (i) the subscriber
possesses or intends to acquire forthwith the right to build it on the site therefor;
(ii) the subscriber has an approved plan; (iii) the construction shall commence
within six months from the date of withdrawal of money and shall be completed
within a eriod of one year from the date of commencement of construction; 15(1)(e)
that in the case of withdrawal for the acquisition of a house- (i) the subscriber
has produced an agreement of sale together within the title deeds of the vendor,
whether original or certified copies thereof, showing that the vendor has an indefeasible
and clear title to the land and house which he agrees to sell to the subscriber:
Provided that this condition shall not preclude withdrawal for the purpose of
building a house on any plot of land taken on lease from the Government or from
any local authority as defined in the General Clauses Act, 1897, including an
improvement trust; (ii) the house shall be purchased or redeemed within three
months from the date of withdrawal; 15(1)(f) that in the case of withdrawal
for the purpose of repayment of loan, the subscriber has produced necessary deeds
and papers before the Government proving his undisputed title to the land and
the house thereon and the loan shall be repaid within three months from the date
of withdrawal: 15(1)(g) [ ] 15(1) (h) that in the
case of withdrawal for reconstruction of, or making additions or alterations to
a house under clauses (a) to (f) of sub-rule (1) of rule 12, the work shall commence
within six months from the date such withdrawal and shall be completed within
a period of one year from such commencement. 15-A. Conversion of an advance
into a withdrawal.- A subscriber who has already drawn or may draw in future an
advance under rule 10 for any of the purposes specified in sub-rules (1), (1A)
and 2 of rule 12 may convert at his discretion by a written request addressed
to the Accounts officer through the Government the balance outstanding against
it into a final withdrawal on his satisfying the conditions laid down in rules
12, 13, 14-A, 14-B, 14-C and 15. 16. Annual declaration
and production of documents:- (1) A subscriber who has been permitted under clause
(a) to (f) of sub-rule (1) of rule 12 to withdraw money from the amount standing
to his credit in the Fund shall submit an annual declaration on or before the
31st December, in such form as may from time to time be prescribed by the Government,
and satisfy the Government, if called upon to do so, by the production of tax
receipts, title deeds, or documents, that the house remains in his sole ownership
and that he has not parted with the possession thereof, by way of sale, mortgage,
gift, exchange, or lease for a term exceeding three years, without the previous
permission of the Government. 16(2) If at any time
before retirement a subscriber parts with the possession of the house contrary
to the provisions of sub-rule (1), the sum withdrawn by him shall forthwith be
repayable [ ] by the subscriber to the fund in one istalment and in default of
such repayment, it shall be ordered by the Government to be recovered from his
emoluments either in a lump sum or in such number of monthly instalments, as may
be determined by the Government; 81 [ ] 17. Payment
towards insurance policies:- (1) Subject to the conditions hereinafter contained
in this rule and in rules 18 to 26:- 17(1)(a) payment towards a policy of
life insurance may, at the option of subscriber, be substituted in whole or in
part for subscriptions due to the Fund. Provided that no insurance policies
shall be allowed to be fiananced from the fund after the normal date of retirement;
and any policies which before retirement were being financed from the Fund shall
be re-assigned or handed over to the subscriber in accordance with the provisions
contained in these Rules. 17(1)(b) the amount of subscription with interest
thereon standing to the credit of a subscriber in the Fund may be withdrawn to
meet- (i) a payment toward a policy of life insurance;
and (ii) the purchase of a single payment insurance policy: Provided that
no amount shall be withdrawn- (i) before the details of the purposed policy
have been submitted to the Account Officer and accepted by him as suitable, or
(ii) to meet any payment or purchase made or effected more than six months before
the withdrawal, or (iii) in excess of the amount required to meet premium
actually due for payment within six months of the date of withdrawal: Provided
further that payments towards an educational endowment policy may not be substituted
for subscriptions to the Fund and that no amount may be withdrawn to meet any
payment or purchase in respect of of such a policy if that policy is due for payment
in whole or part thereof before the subscriber's age of normal superannuation: Provided
also that amounts withdrawn shall be rounded to the nearest whole rupee in the
manner prescribed in clause (iv) of sub-rule (2) of rule 9. 17(2) The number
of policies in respect of which substitution for subscriptions due to the Fund
or withdrawal of subscriptions from the Fund may be permitted under this rule
shall not exceed four: Provided that where immediately
before joining the Fund a member of the Service was a subscriber to any other
non-contributory provident fund maintained by the Government, and substitution
for subscriptions due to or withdrawal of subscriptions from that fund was permitted
in respect of more than four policies, such substitution or withdrawal shall continue
to be permitted in respect of these policies under this rule. 17(3)
The premium for a policy in respect of which withdrawal of subscriptions may be
permitted under this rule shall be payable annually and not otherwise. Explanation:-
In computing the maximum number of policies specified in sub-rule (2), policies
which have matured shall be excluded. 18. Payment
of difference between substituted payments and minimum subscription:- (1) If the
total amount of any payments substituted under clause (a) of sub-rule (1) of rule
17 is less than the amount of the minimum subscription payable to the Fund under
sub-rule (3) of rule 6, the difference shall be rounded to the nearest rupee in
the manner provided in clause (iv) of sub-rule (2) of rule 9 and paid by the subscriber
as a subscription to the Fund. 18(2) If the subscriber withdraws any amount
standing to his credit in the fund for any of the purposes specified in clause
(b) of sub-rule (1) of rule 17, he shall subject to his option under clause (a)
of sub-rule (1) of the said rule continue to pay to the Fund the subscription
payable under rule 6. 19. Reduction of subscription
in certain cases:- (1) A subscriber who desires to substitute a payment under
clause (a) of sub-rule (1) of rule 17, may reduce his subscription to the Fund
accordingly: Provided that the subscriber shall-
19(1)(a) intimate to the Account Officer on his pay bill or in writing the fact
of, and reason for, the reduction; 19(1)(b) send to the Account Officer, within
such period as the Account Officer may require, receipts or certified copies of
receipts in order to satisfy the Account Officer that the amount by which the
subscription has been reduced was duly applied for the purpose specified in clause
(a) of sub-rule (1) of rule 17. 19(2) A subscriber who desires to withdraw
any amount under clause (b) of sub-rule (1) of the rule 17 shall- (a) intimate
in writing the reasons for the withdrawal to the Account Officer; (b) make
arrangements with the Account Officer for the withdrawal; and (c) send to
the Account Officer within such period as the Account Officer may require, receipts
or certified copies of receipts in order to satisfy the Account Officer that the
amount withdrawn was duly applied for the purposes specified in clause (b) of
sub-rule (1) of rule 17. 19(3) The Account Officer
shall cause the recovery of any amount by which subscriptions have been reduced,
or of any amount withdrawn, in respect of which he has not been satisfied in the
manner required by clause (b) of sub-rule (1) and clause (c) of sub-rule (2),
83 [ ] from the emoluments of the subscriber and place it to the credit of the
subscriber in the Fund: [ ] 20. Government not
to make payments to insurer on behalf of subscribers- (1) The Government shall
not make any payments on behalf of subscribers to the insurer nor take steps to
keep policy alive. (2) A policy to be acceptable under these rules shall be
one effected by the subscriber himself on his own life, and shall (unlesss it
is a policy effected by a male subscriber which is expressed on the face of it
to be for the benefit of his wife and children or any of them) be such as may
be legally assigned by the subscriber to the Government. Explanation
1. A policy on the joint lives of the subscriber and the subscriber's wife or
husband shall be deemed to be a policy on the life of the subscriber for the purpose
of this sub-rule. Explanation 2. A policy which has
been assigned to the sunbscriber's wife shall not be accepted unless either the
policy is first reassigned to the subscriber or the subscriber and his wife both
join in an appropriate assignment. Explanation 3. The policy amy not be effected
for the benefit of may beneficiary other than the wife or husband of the subscriber
of the wife or husband and children of the subscriber or any of them. 21.
Assignment of policies.- (1) The policy within six months after the first withholding
of a subscription or withdrawal from the Fund in respect of the policy, or within
six months of joining the Fund in the case of a member of the Service, who was
previously subscribing to some other Provident Fund] or in the case of an insure
whose headquarters are outside India, within such further period as the Account
Officer, if he is satisfied by the production of the completion certificate (interim
receipt) may fix, shall- (a) unless it is a policy
effected by a male subscriber which is expressed on the face of it to be for the
benefit of the wife of the subscriber, and children, or any of them, be assigned
[further assigned] to the Government as security for the payment of any sum which
may become payable to the fund under rule 25, and delivered to the Account Officer
the assignment 84 [further assignment] being made endorsement on the policy in
form Vi or form VII or form VIII or form IX or form X according as the policy
is on the life of the subscriber or on the joint lives of the subscriber and the
subscriber's wife or husband or the policy has previously been assigned 84 [further
assigned] to the subscriber's wife, 84or the policy is on the life of the subscriber
and was previously, assigned to the President/Governor in accordance with some
other Provident Fund Rules or policy is on the joint lives of the subscriber and
the subscriber's wife or husband and was previously assigned to the President/Governor
in accordance with the some other Provident Fund Rules.] (b) if it is a ploicy
effected by a male subscriber which is expressed on the facts of it to be for
the benefit of the wife of the subscriber or of his wife and children or any of
them, be delivered to the Account Officer. 21 (2)
The Account Officer shall satisfy himself by reference to the insurer when possible,
that no prior assignment of the policy exists except in the case of a subscriber
who prior to joining the Fund was subscribing to some other Provident Fund]
21.(3) Once a policy has been accepted by a Account Officer for the purpose of
being financed from the Fund, the terms of the policy shall not be altered nor
shall the policy be exchanged for another policy without the prior consent of
the Account Officer to whom details of the alteration or of the new policy shall
be furnished. 21 (4) If the policy is not assigned
and delivered, or delivered, within the said period of six months or such further
period as the Account Officer may under sub-rule (1), have fixed, any amount with-held
or withdrawn from the Fund in respect of the policy shall forthwith be paid or
repaid, as the case may be, by the subscriber to the Fund, or, in default, be
ordered by the Account Officer to be recovered by deduction from the emoluments
of the subscriber, by instalments or otherwise, as may be directed by the Government:
85[ ] 21 (5) Notice of assignment 86[further assignment] of the policy shall
be given by the subscriber to the insurer and the acknowledgement of the notice
by the insurer shall be sent to the Account Officer within six months of the date
of assignment [further assignment]. 22. Bonus on policies-
The subscriber shall not during the currency of the policy draw any bonus, the
drawal of which during such currency is optional under the terms of the policy,
and the amount of any bonus which under the terms of the policy the subscriber
has no option to refrain from drawing during its currency shall be paid forthwith
into the Fund by the subscriber or in default recovered by deduction from his
emoluments, by instalments or otherwise, as may be directed by the Government. 23.
Reassignment of Policies.- (1) Save as provided by rule 26 when the subscriber-
(a) quits the Service; or (b) has proceeded on leave preparatory to retirement
and applies to the Account Officer for reassignment or return of the policy; or
(c) while on leave has been permitted to retire or is required to retire on grounds
of ill-health and applies to the Account Officer for reassignment of return of
the policy; or (d) pays or repays to the Fund the whole of any amount withheld
or withdrawn from the Fund for any of the purposes mentioned in clauses (a) and
(b) of sub-rule (1) of rule 17 85 (e) has completed twenty years of service
(including broken periods ofservice, if any), the Account Officer shall- (i)
if the policy has been assigned 86 [further assigned] to the Government reassign
the policy in form 86[XI] to the subscriber, or to the subscriber and the joint
assured, as the case may be, and make it over to the subscriber together with
a signed notice of the reassignement addressed to the insurer; (ii)
if the policy has been delivered to him, make over the policy to the subscriber;
Provide that if a subscriber to whom clause (b) or clause © applies return
to duty, any policy so reassigned or made over shall, if it has not matured or
been assigned or charged or encumbered in any way be again assigned to the Government
and delivered to the Account Officer, or again be delivered to the Account Officer,
as the case may be, in the manner provided in rule 21, and thereupon the provisions
of these rules shall, so far as may be again apply in respect of the policy; Provided
furhter that, if the policy has matured or been assigned or charged or encumbered
in any way, the provision of sub-rule (4) of rule 21 applicable to a failure to
assign and deliver a policy shall apply: [ ] 23 (2) Save as provided by rule
26, when the subscriber dies before quitting the Service, the Account Officer
shall- (i) if the policy has been assigned [further
assigned] to the Government reassign it in form XII to such person as may be legally
entitled to receive it, and make it over to him together with a signed notice
of the reassignment addressed to the insurer;
(ii)
if the policy has been delivered to him make it over to the beneficiary, if any,
or if there is no beneficiary, to such person as may be legally entitled to receive
it. 24. Procedure on maturity of policies.- (1) If a policy assigned (further
assigned) to the Government under rule 21 or under the corresponding rule heretofore
in force, natures before the subscriber quits service, or if a policy on the joint
lives of a subscriber and the subscriber's wife or husband assigned under the
said rule, or under the corresponding rule heretofore in force, falls due for
payment by reasons of the death of the subscriber's wife or husband, the Accounts
Officer shall, save as provided by rule 26, realise the amount assured together
with any accrued bonuses and shall place the amount so realised to the credit
of the subscriber in the Fund; 89"Provided that
if the amount assured together with the amount of any accrued bonus is more than
the whole of the amount withheld or withdrawn, it shall be the duty of the subscriber
to inform the Account Officer in writing, within a month from the date of maturity
of the policy, whether the difference or a part of the difference as specified
by the subscriber be paid to him; and it shall be the duty of the Accounts Officer
to act in accordance with the option of the subscriber. NOTE- If no option
is exercised by the subscriber in writing to the Account Officer within the period
prescribed, he shall be deemed to have opted to deposite the differences in his
account in the fund such deposit will be merged in the amount standing to the
subscribers' credit in the Fund" 24 (2) Savce
as provided by rule 26, if a policy delivered to the Account Officer under rule
21 matures before the subscriber quits the Service, the Account Officer shall
make over the policy to the subscriber: Provided that if the interest in the
policy of the wife of the subscriber, or of his wife and children, or any of them
as expressed on the face of the policy, expires when the policy matures, the subscriber,
if the policy moneys are paid to him by the insurer, shall immediately on receipt
thereof, pay or repay to the Fund either- (i) the whole of any amount withheld
or withdrawn from the Fund in respect of the policy [ ], or (ii) an amount
equal to the amount assured together with any accrued bonuses thereon whichever
is less, and in default, the provisions of sub-rule (4) of rule 21 applicable
to a failure to assign and deliver a policy shall apply. 90[ ] 25.
Lapse or wrongful assignment of policies.- If the policy lapses, or is assigned
otherwise than to the Government under rule 21, charged or encumbered, the provisions
of sub-rule (4) of rule 21 applicable to a failure to assign and deliver a policy
shall apply. 26. Duty of Account Officer. When he
receives notice of assignment, charge or encumbrance of policies;- if the Account
Officer receives notice of- (a) an assignment (otherwise than an assignment
to the Government under rule 21), or (b) a charge or encombrance on, or
(c) an order of a Court restraining dealings with the policy or any amount realised
thereon, the Account Officer shall not- (i) reassign or make over the policy
as provided in rule 23, or (ii) realise the amount assured by the policy or
reassign, or make over the policy, as provided in rule 24; but shall forthwith
refer the matter to the Government. 26-A. Restriction of the provisions relating
to financing of policies to existing subscribers in respect of existing policies.-
The provisions of rules 17 to 26 shall apply only to the subscribers who, before
1st october, 1967 have been substituting in whole or in part payment towards policies
of life insurance for subscription to the fund or making withdrawals from the
Fund for such payment: provided that the subscribers aforesaid shall not be
permitted to substitute such payments for subscriptions due to the Fund withdrawn
from the Fund for making payments in respect of any new policy. 27.
Wrongful use of advance.- Notwithstanding anything contained in these rules, if
the Government is satisfied that the money drawn as an advance from the Fund under
rule 10 or withheld or withdrawn from the Fund under rule 17 or any portion thereof
has been utilised for a purpose other than that for which sanction was given to
the drawal, withholding, or withdrawal of the money, the amount in question or
any portion thereof shall [] forthwith be repaid or paid as the case may be, by
the subscriber to the Fund or in default be caused by the Government to be recovered
from the subscriber's emoluments even if he be on leave in one or more instalments
as it thinks fit: Provided that the subscribers whose deposits in the Fund
carry no interest shall not be required to pay any interest. Explanation.-
The expression "emoluments' in this rule does not include a subsistance allowance. Provided
further that if the sanctioning authority has reason to doubt that money drawn
as an advance from the Fund under rule 10 has been utilised for a purpose other
than that for which sanction was given to the drawal of the money the said authority
shall communicate to the subscriber the reasons for his doubt and require him
to explain in writing, and within fifteen days of the receipt of such communication,
whether the advance has been utilised for the purpose for which sanction was given
to the drawal of the money. If the sanctioning authority is not satisfied with
the explanation or no explanation is furnished by the subscriber within the said
period of fifteen days, the sanctioning authority shall enforce the repayment
in the manner prescribed in this rule. 28. Final withdrawal
of accumulations in the Fund.- When a subscriber quits the Service, the amount
standing to his credit in the Fund shall become payable to him as provided follows49
:- a subscriber, who has been dismissed or removed or compulsorily retired
from the service and is subsequently reinstated in the service underthe relevant
provisions of the All India Services (Discipline and Appeal)Rules 1969, shall
if required to do so by the Government, repay any amount paid to him from the
Fund in pursuance of this rule, with interest thereon at the rate provided in
rule 9, and in the manner provided in the priso to rule 29. The
amount so repaid shall be credited to his account in the fund. Provided further
that the subscribers whose deposits in the Fund carry no interest shall not be
required to pay any interest. 28A. Deleted. 29.
Retirement of subscriber.- (1) When a subscriber- (a) has proceeded on leave
preparatory to retirement, or (b) while on leave, has been permitted to retire
or is required to retire on gounds of ill-health, the amount standing to his credit
in the Fund shall, upon application made by him in that behalf to the Accounts
Officer, become payable to the subscriber: Provided
that the subscriber, if he returns to duty, shall, if required to do so by the
Government, repay to the Fund for credit to his account, the whole or part of
any amount paid to him from the fund in pursuance of this rule with interest thereon
at the rate provided in rule 9, in cash or securities or partly in cash and partly
in securities, by instalments or otherwise, by recovery from his emoluments as
may be directed by the Government; Provided further that the subscribers whose
deposits in the Fund carry, no interest shall not be required to pay any interest.
(2) The account of each Indian Civil Service member of Indian Administrative Service
shall be credited on his retirement, or previous death, with a sum of Rs. 6,000. 30.
Procedure on death of subscriber.- On the death of a subscriber before the amount
standing to his credit has become payable, or where the amount has become payable,
before payment has been made- 30(i) when the subscriber leaves a family- (a)
if a nomination made by the subscriber in accordance with the provisions of rule
4 in favour of a member or members of his family subsits, the amount standing
to his credit in the Fund or part thereof to which the nomination relates, shall
become payable to his nominee or nominees in the proportion specified in the nomination (b)
if no such nomination in favour of a member or members of the family of the subscriber
subsists, or if such nomination relates only to a part of the amount standing
to his credit in the Fund, whole amount or the part thereof to which the nomination
does not relate, as the case may be, shal, not-withstanding any nomination purporting
to be in favour of any person or persons other than a member or members of his
family, become payable to the members of his family in equal shares: Provided
that no share shall be payable to- (i) sons who have attained legal majority;
(ii) sons of a deceased son who have attained legal majority; (iii) married
daughters whose hunband are alive; (iv) married daughters of a deceased son
where husbands are alive; if there is any member of the family other than
those specified in clauses (i), (ii), (iii) and (iv); Provided
further that the widow or widows and the child or children of a deceased son shall
receive between them in equal parts only the share which that son would have received
if he had survived the subscriber and had been exempted from the provisions of
clause (i) of the first proviso. 30(ii) when the subscriber
leaves no family :- if, nomination made by him in accordance with the provisions,
of rule 4 in favour of any person or persons subsists, the amount standing to
his credit in the Fund or the part thereof to which the nomination relates, shall
become payable to his nominee or nominees in the proportion specified in the nomination. 30(iii)
nominee(s) or any other claimant(s) may claim final paymnets of balance, in the
Provident Fund Account in the prescribed form XIV. 31.
Manner of payment of amount to credit in the Fund.- (1) When the amount standing
to the credit of a subscriber in the Fund becomes payable, it shall be the duty
of the Account Officer to make payment as provided in section 4 of the Provident
Fund Act, 1925 (XIX of 1925) on receipt of an application from the subscriber
in the prescribed form XV. 31 (2) If the person to
whom, under these rules, any amount of policy to be paid, assigned, reassigned
or delivered, is a lunatic for whose estate a manager has been appointed in this
behalf under the Indian Lunacy Act, 1912 (IV of 1912), the payment, or reassignment
or delivary shall be made to such manager and not to the lunatic. Provided
that where no manager has been appointed and the person to whom the sum is payable
is certified by a Magistrate to be lunatic, the payment shall, under the orders
of the Collector be made in terms of sub-section (1) of section 95 of the accounts
officer shall pay only the amount of the Indian Lunacy Act,1912 to the person
haring change of such lunalic which he thinks fit to the person having charge
of the lunatic and the surplus if any shall be paid for the maintenance of such
members of the lunatics family as are dependent on him for maintenance. 31(3)
Payments of the amount withdrawn shall be made in India only. The persons to whom
the amounts are payable shall make their own arrangements to receive payment in
India. The following procedure shall be adopted for claiming payments by a subscriber
namely:- 31(3)(i) To enable a subscriber to submit
an application for withdrawal of the amount in the Fund, the Head of Office shall
send to every subscriber necessary forms either one year in advance of the date
on which the subscriber attains the age of superannuation, or before the date
of his anticipated retirement, if earlier, with instructions that they should
be returned to him duly completed within a period of one month from the date of
receipt of the forms by the subscriber. The subscriber shall submit the application
to the Accounts Officer through the Head of Office or Department for payment of
the amount in the Fund. The application shall be made:- (a)
for the amount standing to his credit in the Fund as indicated in the Accounts
Statement for the year ending one year prior to the prior to the date of his superannuation,
or his anticipated date of retirement, or (b) for the amount indicated in
his ledger account in case the Accounts Statement has not been received by the
subscriber. 31(3)(ii) the subscriber shall make another
application immediately after the last fund deduction has been made and the exemption
from subscription to the fund has begun to operate, for the payment of subscriptions
made by him and the recoveries effected against advances, if any, during the periods
not covered by the first application referred to at (1) above. 31(3)(iii)
The Head of Office/Department shall forward the applications to the Accounts Officer
indicating the advances taken and the recoveries effected against the advance
which are still current and the number of instalments yet to be recovered in respect
of each advance and also indicate the withdrawals, if any, taken by the subscriber; 31(3)(iv)
The Accounts Officer shall after verification with the ledger account issue an
authority for the consolidated amount indicated in the two applications referred
to (I) & (iii) above at least a month before the date of superannuation but
payable on the date of the superannuation; 31 (3)
(v) The authority mentioned in clause (iii) will constitute the first instalment
of payment, a second authority for payment will be issued as soon as possible
after superannuation. This will be related to the contribution made by the subscriber
subequent to the amount mentioned in the application submitted under clause (i)
plus the refund of instalments against advances which ere current at the time
of the first application. 31(3) (vi) After forwarding
the application for the final payment to the Accounts Officer, advance/withdrawal
may be sanctioned but the amount of advance/withdrawal shall be drawn on an authorisation
from the Accounts Officer concerned who shall arrange this as the formal sanction
of sanctioning authority is received by him. 31(4)
When the amount standing to the credit of a subscriber has become payable under
rule 28, 29 or 30 the Accounts Officer shall authorise prompt payment of the amount
in the manner indicated in sub-rule (3). 32. Method of maintaining accounts.-
All sums paid into the Fund under these rules shall be credited in the books of
the Government to an account named "The all India Service Provident Fund".
Sums of which payment has not been taken within six months after they become payable
under these rules shall be transferred to "Deposits" at the end of the
year and treated under the ordinary rules relating to deposits. 33.
Number of account to be quoted at the times of payment of subscription.- When
paying a subscription, either by deduction from emoluments or in cash, a subscriber
shall quote the number of his account in the Fund, which shall be communicated
to him by the Account Officer. Any change in the number shall similarly be communicated
to the subscriber by the Accounts Officer. 34. Annual
statements of accounts to be supplied to subscriber.- (1) As soon as possible
after the close of each year, the Account Officer shall send to each subscriber
a statement of his account in the Fund showing the opening balance as on the 1st
April of the year, the total amount credited or debited during the year, the total
amount of interest credited as on the 31st March of the year and the closing balance
on that date. The Account Officer shall attach to the statements of account an
enquiry whether the subscriber- (a) desires to make any alteration in any
nomination made; (b) has acquired a family in a case where the subscriber
has made no nomination in favour of a member of his family. 34
(2) Subscribers should satisfy themselves as to the correctness of the annual
statement, and errors should be brought to the notice of the Account Officer within
three months from the date of receipt of the statement. 34 (3) The Account
Officer shall, if required by a subscriber, once, but no more than once, in a
year inform the subscriber of the total amount standing to his credit in the Fund
at the end of the last month for which his account has been written up. 35.
Relaxation of the provisions of the rules in individual cases.- When the Government
is satisfied that the operation of any of these rules causes or is likely to cause
undue hardship to a member of the Service, it may, after recording the reasons
for so doing and notwithstanding anything contained in those rules, deal with
the case of such member in such manner as may appear to it to be just and equitable: Provided
that the case shall not be dealt with in any manner less favourable to such member
than that prescribed in these rules. 103Explanation.- For the purpose of this
rule Government, in relation to a member of the Service borne on a joint Cadre
serving in connection with the affairs of a Constituent State, means the Joint
Cadre Authority. 36. Interpretation.- If any question arises as to the interpretation
of these rules, the Central Government shall decide the same. 37. [] [M.H.A.
Notification No. 12/1/54-AIS (II), dated 12-9-1955.]
--------------------------------------------------------------------------------
IMPORTANT
DECISONS Govt. of India's Decisions below Rule
3 of AIS (Provident Fund) Rules, 1955 1. Officers appointed to the Indian
Administrative Service and the Indian Police Service from various sources prior
to 12th September, 1955 the date of promulgation of these Rules should subscribe
to the General Provident Fund (Central) from the date of confirmation and not
from the date of appointment on probation, though they would be eligible to subscribe
to the fund at their own option during the period of probation. The amount so
subscribed voluntarily during the probationary period should not be refunded to
them. [G.I., M.H.A. letter No. 13/35/56-AIS(II), dated 8th Octobor, 1956.]
2. A question was raised whether officers of the
All India Services should be required to subscribe to the fund compulsorily from
the date of their appointment on probation or from the date of their confirmation
in the service. The status of a probationer is the same as that of a person appointed
substantively to the service from the date of appointment on probation. The Government
of India have, therefore, decided the officers of the Indian Administrative/Police
Service should be required to subscribe compulsorily to the Funds from the date
of their appointment on probation. [G.I., M.H.A. letter No. 13/35/56-AIS(II),
dated 27th October, 1956] 3. It was clarified vide
Department of Personnel & A.R. letter No. 11026/4/77-AIS(III), dated the 11th
January 1979 that the new bonus scheme for the members of the All India Services
under the All India Service (Provident Fund) Rules, 1955 would take effect from
the 1st April, 1978. Consequently, the incentive bonus for not with-drawing any
amount from the Provident Fund account would be payable as on 31-3-79 provided,
the subscriber has not withdrawn any amount from his account during the preceding
five years commencing from 1-4-1974. 3.2 The period
of 5 years has been reduced to 3 years from 1-4-1979 i.e. the bonus of one percent
on the entire balance at the credit of the subscriber in case he has not withdrawn
any amount from the fund during the preceding 3 years commencing from 1-4-1979
vide the Ministry of Finance Resolution No. F 6(1)-PD-81 dated the 1st July, 1981. 3.3
It is also clarified, having regard to the provisions of rule 3 of the All India
Service (PF) Rules, 1955, according to which the credit in and liabilities to
any Provident Fund (only the subscriber's contribution and interest thereon in
respect of a Contributory Provident Fund) to which a member of the All India Service
was subscribing prior to his joining the All India Services (Provident Fund),
that the previous service rendered under the State or Central Govt., by a member
of the Service, during which such member was subscribing to the P.F. shall be
reckoned for calculating the incentive bonus in accordance with the provisions
of the new bonus scheme referred to above. [G.I., DP & AR letter No.11026/8/83-AIS(III),
dated 14th July, 1983] Govt. of India' Decisions below
Rule 4 of AIS (Provident Fund) Rules, 1955 Subscribers to the Fund, who had
made their nominations under the General Provident Fund (Cetral Services) Rules,
prior to promulgations of these rules, should be required to make fresh nominations
in the prescribed forms. [G.I., MHA letter No. 13/33/56-AIS (II), dated 14th
September, 1956] Govt. of India' Instructions below Rule 5 of AIS (Provident
Fund) Rules, 1955 The problem regarding missing credits in the Provident
Fund Accounts of members of the All India Services was considered by the Ministry
of Finance (Department of Expenditure-Controller General of Accounts) and they
have issued instructions in this reagrd to all Chief Controllers of Accounts/Controllers
of Accounts of various Ministries/ Departments of Government of India, according
to which members of All India Services and other Central Services on deputation
with the Central Ministries/ Departments should be supplied with an annual statement
in the prescribed performa indicating the amount of GPF and other deductions made
from their salary. A copy of this statement will also have to be sent simultaneously
to the accounting authority concerned. In this connection, a copy of Ministry
of Finance (Controller General of Accounts) letter No. C. 30012/Coord/ 2/CGA /307
dated 31st October, 1981, addressed to all Chief Controllers of Accounts/ Controllers
of Accounts of various Ministries/Departments along with its enclosure, is annexed.
[DP & AR letter No. 11026/12/83-AIS(III), dated the 27th May, 1983.]
ANNEXURE TO GOVERNMENT OF INDIA INSTRUCTIONS BELOW
RULE 5 OF THE AIS (PROVIDENT FUND) RULES [Copy of Ministry of Finance, Department
of Expenditure Letter No. 30012 /Coord/MF/CGA/307, dated 31st October, 1981.]
It has been reported that in a large number of cases, the Annual Statements
of G.P.F. Account of officers who are on deputation to various Ministries/Departments
of Central Government for all India Services, I.A. and A.D., Posts and Telegraph,
Railway, Defence etc. do not generally reflect all the credits in respect of deductions
made in a financial year from their salary disbursed through the depattmeentalised
Pay and Accounts officer even though the recoveries effected are regularly remitted
to the concerned accounting authorities before the close of the financial year.
The non-inclusion of all credit in the annual statments causes considerable inconvenience
to the officers and involves avoidable correspondance
____________________________________________________________________________
Policy No. and name of the company 1. 2. 3. Amount Date Voucher No.
March... April.. May....June......July......August....September.....October.....Number...December
Janjuary February
Govt. of India's Decision below
Rule 6 of AIS (PF) Rules, 1955 1. It has been decided that it would not be
necessary to increase the rate of subscription consequent on the increase in pay,
due to revision of pay scales etc. during the course of the year. [G.I.,
M.H.A. letter No. 6/21/62-AIS(II),dated 29th September, 1962] 2.
In the case of subscribers to the General Provident Fund (Central Services) the
amount of subscription originally fixed by a subscriber is not to be varied during
the course of the year on account of any increase or decrease of pay which might
ultimately have been found to be in respect of 31st March preceding or which might
take place during the year. The Government of India have decided that similar
procedure should be followed in the case of subscribers to the All India Services
(Provident Fund) Rules. In view of the above possition it would be not necessary
to increase the rate of subscription to the provident Fund consequent on the increase
of pay of the subscribers during the course of the year. [M.H.A. letter No.
6/16/62-AIS(II), dated 10th September 1962.] Govt. of India's Decisions below
Rule 9 of AIS (Provident Fund) Rules, 1955. All India Service Officers who
prior to their appointment to the All India Services were governed by the State
Provident Fund Rules, cease to become entitled to the protected rate of interest
from the date of their promotion. As member of AIS, the officer is entitled to
get interest according to the G.P Fund (Central Services) Rules, from the date
he becomes subject to new Rules. [G.I., M.H.A. letter No. 8/4/57-AIS(III),
dated 1-4-1957, and letter No. 6/1/62-AIS(II), dated 1-9-62] Govt.
of India's Decisions below Rule 10 of AIS (Provident Fund) Rules, 1955 It
has been decided to treat the following courses as technical/specialised for the
purpose of grant of advance under Rule 10(1)(a)(v) and withdrawal under 12(1A)(a)
respectively of the All India Services (Provident Fund) Rules, 1955:- (i)
The Company Secretaryship Course of the Institute of Company Secretaries of India;
and (ii) The Course of Pre-Sea Training imparted on
the Training Ship "Rajendra" to prospective navigating officers on merchant
ships. With a view to reasssuring the subscribers regarding proper accounting
of the deductions made from the salary towards G.P.F. and other advances, it would
be desirable that each Pay and Accounts Office should send a statement each year
in the enclosed proforma to individual officers on deputation to the Ministry/Department
under their payment control. A copy of the statement will also simultaneously
sent to the subscribers accounting authority. This will enable the officer to
have in his possession a permanant record of the deductions made from his salary
and the details of remittances made to his accounts officer. The letter can also
make use of his statement for adjusting missing credits, if any, in the subscriber's
without having to correspond with Pr. PAO/PAOs of Central Government Ministries/
Departments. In this connection, a copy of the circular
letter issued by the Controller of Accounts, Ministry of Finance is enclosed.
The Procedure set out above may be adopted from 1980-81 onwards. Copy of Ministry
of Finance D.O. letter No. CA/Fin./Misc./80-81. As
you are aware, deductions are made from your salary each month towards GPF contributions.
But as the ultimate responsibility for maintaining your GPF account devolves on
the Accounting Authority of your parent cadre, we remit to him by cheque the amount
deducted from your pay bills. It has come to our notice that in many cases,
the Annual Statement of Accounts issued by your Accounting Authority does not
reflect all the 'credit' even though the cheques have been received and in many
cases encahsed by him. All this must be causing you considrable inconvenience. While
by the very nature of the Accounting Procedure there is necessarily a time lag
of 2 to 3 months between 'deductions and' 'remittances', it has been our endeavour
to send the requisite cheque to your Accounting Authority promptly. However, with
a view to further reassure you that due care has been taken by us in this matter,
we have decided to sent you each year a statement (enclosed) with a copy to your
Accounting Authority-containing necessary details of these deductions and remittances. We
hope that you will find this statement useful both as a permanent record and as
a collateral evidence so that it any 'credit' is missing in your Annual Statement,
you can pursue the matter direct with your Accounting Authority. The latter can
also make use of this statement for adjusting missing 'credits' if any, in your
accounts without having to enter into protracted correspondence with us. Deductions
may also have been made from your salary bills on accounts of advances such as
House Building, Conveyance etc. We have, therefore, included in the statement
details in this regard as well. STATEMENT SHOWING
DETAILS OF DEDUCTIONS AND REMITTANCES. Name and Designation of officer............offfice........G.P.F.
Account Number the Training Ship 'Rajendra' to prospective navigating offices
on merchant ships. [DP & AR letter No. 11026/3/81-AIS(III), dt. 10-2-1981.] Government
of India's Instructions: 1. The powers of the Central Government to sanction
advances under this rule to a member of the service serving in the Union Territories
shall subject to the conditions prescribed in the rule be exercised by the Administrators
of the Union Territories within their respective jurisdiction. [G.I., M.H.A.
letter No. 5/34/59-AIS(II), dated 30th July, 1960.] 2.
The sanctioning authority for the purpose of granting temporary advances from
the Fund to memebrs of the Indian Police Service serving in the intelligence Bureau,
the Special Police Establishment and the Central Reserve Police shall be the Director,
Intellignece Bureau, the Inspector General, Special Police Establishment and the
Inspector General, Central Reserve Police respectively. [G.I.,
M.H.A. letter No. 16/16/60-p(III), dated 12th December, 1960.] 3. Subject:
AIS (PFD) Rules-Delegation of power-Rule 10-ragarding. The power to sanction
advance for special reasons under rule 10 of the AIS (PF) Rules, 1955 is now being
exercised by the Administrative Ministries in consultation with the Deptt. of
Pensions and Pensioner's Welfare in terms of Govt. of India Instructions reproduced
on page 68 of the AIS Mannual Part I (Fifth edition). Under the GPF (CCS) Rules
the powers in this regard are vested in the Ministries. 2.
The question of delegation of powers to sanction advance for special reasons under
the AIS (PF) Rules to Ministries/Departments has been considered in consultation
with the Department of Pension and Pensioner's Welfare and it has been decided
that all such cases where advances are sanctioned for special reasons may be decided
by the Administrative Ministries/Departments. The Government of India instruction
1.3 below rule 12 of the AIS (PF) Rules may be treated as cancelled. [G.I.,
M.H.A. letter No. 11026/12/84-AIS (III) dated 4-10-1985.] Govt.of India's
Decision below under Rule 12 of AIS (P.F.) Rules, 1955 (1)
A question arose whether withdrawal could be permitted purely for the purchase
of a site. The Government of India have decided that it could be provided that
the conditions in the other rules, especially the one in rule 15, that construction
of the house should commence within six months of the withdrawal of money and
should be completed within a year from the date of commencement of constructions,
are satisfied. [G.I. M.H.A. U.O. No. 263/557-AIS(III), dated 29th January,
1957.] 2. A member of the Service wanted to withdraw
money from the fund for meeting expenses in connection with his pilgrimage to
Haj. As pilgrimage to Haj is not obligatory, the withdrawal was not sanctioned.
[G.I., M.H.A. letter No. 8/5/57-AIS (II), dated 7th March, 1957.] (3) A question
was raised whether final withdrawal could be permitted for meeting the expenditure
on a marriage, which had already taken place. (3.2)
Marraige is a foreseable event and ordinarily it should not be difficult for the
member concerned to make up his mind beforehand whether he would be able to meet
the entire expenditure thereon from his private resources or whether he would
have to resort to a final withdrawal from his provident fund account for this
purpose, and, if the latter, to apply for the final withdrawal sufficiently in
advance of the date of marraige. Where, however, an officer applies for the withdrawal
well before the date of marriage, but the application is sanctioned after the
aforesaid date or, if sanctioned before that date, the case is received in audit
office for the issue of authority for payment after that date, there will be no
objection to the payment of the amount being made after the date of marriage.
The certificate in terms of sub-rule (4) should be furnsihed in such cases to
the sanctioning authority within a month of the actual drawal of the amount for
the fund. Cases in which withdrawal is applied for after the marriage is over
should not ordinarily be entertained. [G.I. M.H.A. letter No. 8/41/57-AIS(II),
dated 20-11-1957.] 4. A question has been raised whether
the previous service rendered under the State of Central Government by a subscriber
to the All India Service Provident Fund, prior to his becoming a member of an
All India Service, shall count for the purpose of computing the minimum service
prescribed under sub-rule(1), (1A) and (2) of the All India Services (Provident
Fund) Rules, 1955. It is clarified, having regard to the provisions of rule 3
of the All India Services (PF) Rule, 1955, according to which the credit in and
liabilities to any provident Fund (only the subscriber's contribution and interest
thereon in respect of a Contributory Provident Fund) to which a member of the
All India Service was subscribing Prior to his joining the All India Service,
shall be transferred to the All India Service Provident Fund, that the previous
service rendered under the State or Central Government by a member of the Service
during which such member was subscribing to any Contributory or Non-Contributory
Provident Fund, shall be counted in computing the minimum service prescribed under
sub-rule (1), (1A) and (2) of Rule 12 of the All India Services (PF) rules, 1955.
[G.I., D.P. & A.R. letter No. 11026/32/82-AIS(III), dated 23-4-1983.] G.O.I's
Instructions below Rule 12 of AIS(PF) Rules, 1955 1.1
It has been decided in consultation with the Ministry ofFinance that the following
procedure may be followed for granting advances/final withdrawals to officers
of the All India Services, including members of a former Secretary of States Service,
under the various Provident Fund Rules, during the period of their service in
connection with the affairs of the Central Government. 1.2
All cases of advances/final withdrawals which are fully covered by the existing
rules may be sanctioned by the administrative Ministries themselves. The Ministries
of the Government of India shall exercise all the power of the "sanctioning
authority" in all such cases. 1.3 All cases of
advances/final withdrawals which are to besanctioned for special reasons in accordance
with the provisions of therelevant rule should be sanctioned by the Administrative
Ministry in consultation with the Ministry of Finance (Establishment Division). 1.4
All cases of advances/final withdrawals which involve relaxation of the rules
should be sanctioned by the administrative Ministries after obtaining the concurrence
of both the Department of Personnel and A.R and the Ministry of Finance (Establishment
Division) 1.5 Before an officer's request for advance/final
withdrawal is referred to the Ministry of Finance or both to the Department of
Personnel and A.R. and Ministry of Finance, the administrative ministries arerequested
to examine the cases carefully and specify the special reasons or grounds why
the rule(s) should be relaxed in favour of the officer. [G.I., M.H.A. O.M.
No. F.5/13/64-AIS(II), dated 20-5-1964.] 2. See Government
of India's instruction (1) below Rule, 10 3. It has
been decided that pending amendments to Rule 12 of the AllIndia Services (Provident
Fund) Rules, 1955, the orders contained in the Department of Personnel and A.R.
O.M. F. 10(7)-Pen. Unit/83, dated 28-4-1973, may be applied to the members of
the All India Service. Accordingly, the members of the All India Services who
have completed 15 years of service (including broken period of service if any),
may be permitted to make a part final withdrawal from the Provident Funds (G.P.
Fund or C.P. Fund) for booking a Motor Car/Motor Cycle/Scooter/Moped etc subject
to the following conditions. (a) The officer's basic
pay is Rs. 1500/-p.m. or above for registration of Motor Car and a basic pay of
Rs. 500/-p.m. or above in the case of Motor Cycle/Scooter etc. (Basic Pay, as
defined in F.R. 9(21)(a)(i) without Special Pay, Dearness Pay and such other additions
to pay but including NPA. (b) The amount of withdrawal
is limited to Rs. 10,000/- in the case of Car and Rs. 500/- in the case of Motor
Cycle/Scooter etc. or 50% of the amount standing to the credit of the subscriber
in the G.P. Fund or 50% of the amount of subscription with interest thereon standing
to the credit of the subscriber in the C.P. Fund, as the case may be, or the actual
amount of theregistration of the Car or Motor Cycle/Scooter etc., whichever is
less; (c) The amount of withdrawal shall not exceed
the amount required for booking a Car or Motor Cycle or Scooter etc; (d)
The Deposit Receipt must be produced for verification by the concerned administrative
authority within a period of one month from the date of drawal, failure to do
so would involve refund of the total amount withdrawn; (e)
If the officer does not purchase a Car Motor Cycle/Scooter etc. or opts out of
the scheme he should immediately deposite the amount of final withdrawal together
with interest received thereon from the manufacturer/dealer into the Provident
fund account; (f) The Secretary of Administrative
Ministry/Department may allow, special cases, an advance refundable in not more
than 36 instalments in the case of officers who may fall short of the minimum
service of 15 years by a period of not more than 6 months. All other conditions
shall not be relaxable; (g) The officers who have
been allowed advance according to (f) above may be permitted to convert the outstanding
amount of advance into final withdrawal after completion of 15 years of service; (h)
Such withdrawal shall be allowed only on one occasion; and (i)
The amount of Rs. 10,000/- or Rs. 500/- as the case may be, referred to above,
shall be taken into account for determining the overall celing at present fixed
for withdrawal from GPF/CPF Rs. 16,000/- for purchase of Motor Car and Rs. 3500/-
for Motor Cycle/Scooter etc.) The authority competent
to sanction an advance for special reasons under the relevant Provident Fund Rules
may sanction final withdrawal in terms of the orders subject to fulfilment of
the conditions mentioned above. The procedural details will be as in the case
of other withdrawal. [G.I., DP & AR letter No. 11026/11/83-AIS(III), dated
20-5-1963.] 4. Betrothal ceremony and marriage ceremony
of the same child shall also be treated as different purposes. F.No. 11026/7/84-AIS(III).
5. Under Rules 13, 14, 14A and 14B, the sanctioning authority is competent to
sanction a withdrawal from Provident Fund for the purposes mentioned therein (e.g.
House Building, meeting the cost of higher education, expenditure on marriage
of subscriber's son/daughter, meeting the expenditure on illness of subscriber
or any member of his family) upto three-fourths at the credit of subscriber. Ministries/Departments
may henceforth sanction withdrawals upto 90 per cent of accumalations at the credit
of subscriber under Rules 13, 14, 14A and 14B referred to above. [D/P &
Trg. NO. 11026/3/86-AIS(III), dated 7-4-1986.] Government of India's Decision
below Rule 13 of AIS (PF) Rules, 1955 (1) The Government
of India have decided that the withdrawal of the second and subsequent instalments
shall be permitted only when the Government issues a certificate to the effect
that the required formalities regarding the constructions of the house, in pursuance
of which the instalments, have become due have been complied with. [G.I. M.H.A.
letter 5/26/59-AIS (II), dated 4th November, 1959.] (2) [deleted] (3)
A question was raised as to how the house building loans to All India Services
officers for constructing houses outside the State of their allotment should be
regulated. (3.2) It has been decided that where an
All India Services Officers who has been granted loan for house building purposes
by the State under whom he is serving at the time of such grant, decides to construct
the house outside that the state the state within whose jurisdiction the house
is constructed should act as an Agent for the former state, on a reciprocal basis
and (i) examine the correctness of title deeds, (ii) watch the progress of construction
and (iii) enforce mortgage proceedings in case of default in the observance of
the conditions on which the loan has been granted. The cost of verification of
title deeds is to be borne by the member of the All India Services seeking loans
for house-building purpose. [M.H.A. letter No. 8/12/58-AIS(II), dated 18th
March, 1959.] Government of India's Instructions: (1)
It was noticed that a large number of cases where final withdrawals were sanctioned
for house building purposes under rule 13(I) etc., the information as regards
the officer's pay or the amount of advance draw by him from the Ministry of Works,
Housing and Urban Development or any other assistance from any Government source
were not specifically mentioned in the sanction letter. The result was that the
Account Officer concerned was unable to satisfy whether the relevant provisions
of the provident Fund Rules were satisfied in a particular case or not. (1.2)
The Government of India have decided that in future, in all cases, where a final
withdrawal is sanctioned from the Provident fund for purposes of building, acquiring,
reconstructing, or making additions or alternations to a house, the sanctioning
authority must indicate in the sanction letter. (i) the pay of the subscriber
at the time of sanctioning the final withdrawal; (ii) particulars and amount
of advance drawn by him for house-building purposes under the scheme of the Ministry
of Works, Housing and Urban DEvelopment; and (iii) the amount of any other
assistance in this regard received by him from any other Government source.
[G.I., M.H.A. letter No. 5/1/65-AIS (II), dated 21st March, 1966.] Government
of India's Decision below Rule 14 of AIS (PF) Rules, 1955 A
doubt was raised whether under sub-rule (2), the withdrawals may be made at any
time during the first and second halves of the financial year (April-September
and October-March), even though the time lag between the dates of the first withdrawal
and the second is less than six months. The intention of the subrule is that a
withdrawal will not ordinarily be allowed before the expiry of six months from
the date of the previous withdrawal, and in any case not more than two withdrawals
should be allowed in any financial year. [G.I., M.H.A., letter No. 13/16/55-AIS(II),
dated 14 July, 1956.] Government of India's Decision below Rule 17 of AIS
(PF) Rules, 1955.] The term "matured" occuring in the explanation
under sub-rule (3) should be deemed to include "paid up" policies also.
[G.I., M.H.A. letter No. 8/45/57-AIS (II), dated 23rd April, 1958.] Government
of India's Decision below Rule 21 of AIS (PF) Rules, 1955 (1) A question
was raised whether recoveries ordered under sub-rule (4) and rule 25 should be
stopped and the amount already recovered be refunded, as soon as the policy was
assigned, delivered, converted into paid up one or revived as the case might be. It
has been decided that further recoveries should be stopped in such cases
but not refund of the amount already recovered should be allowed. [G.I.,
M.H.A. letter No. 13/36/56-AIS (II), dated 26-9-1956.] Government
of India's Decision below Rule 23 of AIS (PF) Rules, 1955 (1) It has been
decided that the amount may be repaid in convenient instalments the number of
which should be settled between the subscriber and the Accounts Officer, the policy
will, however, be assigned by the Accounts Officer only after repayment of the
amount with interest is completed. [G.I., M.H.A. letter No. 5/23/59-AIS (II),
dated 3-10-1959.] (2) The Life Insurance Corporation
shall register the second assignment in their books on receipt of such assignment
along with a notice thereof. When the dues of Central Government have been settled
the office of the Accountant General, Central Revenue, will nullify the first
assignment either by a assignment in favour of the policy holder or by cancelling
or striking out the original assignment on the policy and will give due notice
to the Corporation of such reassignment and it is only after the original assignment
is so nullified and notice thereof served on the Corporation, that they shall
be able to recognise the second assignment under the policy. [G.I., M.H.A.
letter No. F.6/26/62-AIS (II), dated 1st January, 1963] Government
of India's Decision below Rule 35 of AIS (PF) Rules, 1955 A question was
raised whether under, rule 35 of the All India Services (Provident Fund) Rules,
1955, the State Government were competent to relax the provisions contained in
rule 12 thereof, and order conversion of a Temporary Advance to a non-refundable
one for a purpose which was not provided for under the rules. The Government
of India have held that rule 35 empowers the Government to decide the case of
a subscriber, in a manner other wise than that provided for in the rules, provided
that it is convinced that the operation of the rules is likely to cause undue
hardship to a subscriber, Rule 35 has a wider scope than merely to provide for
relaxation of the existing rules. Accordingly the State Government were competent
to order conversion of the Temporary Advance to a non-refundable one in relaxation
of the provisions of rule 12, under the powers vested in them under rule 35.
[G.I., M.H.A. letter No. F. 5/22/64-AIS(II), dated 22nd October, 1964] EXECUTIVE
INSTRUCTIONS: Ex. Instructions under Rule 35 of AIS (PF) Rules, 1955. All
India Services (Provident Fund) Rules, 1955 provide for the grant of refundable
advances and part-final withdrawal from the Fund for the purpose specified in
the Rules, to subscriber who have completed the prescribed period of service Rule
35 of the Rules ibid vest power in the State Governments to allow refundable advances
and part-final withdrawals from the Fund in relaxation of the exhaustive provisions
of the general rules and even for the purposes not specified in the rules. The
comptroller and Auditor General of India has brought to the notice of the Central
Government certain cases in which there seems to be some doubt regarding the propriety
of the State Government invoking their special power under the aforesaid Rule
35. 2. Although it is not intended to restrict the
powers of the State Government available to them under the above rule, it is considered
necessary to draw their attention to the fact that the special powers under this
rule are to be invoked only in cases where the operation of any of these rules
is likely to cause undue hardship to a member of the service. Thus, it may not
be appropriate to invoke the powers conferred by rule 35 ibid with a view to-
(a) allowing part-fianl withdrawal to a subscriber who has not completed the prescribed
period of service after the expiry of which one becomes eligible for part-final
withdrawal; (b) postponing the recovery of an advance
for a period after the expiry of which subscriber became entitled to convert that
advance into a part-final withdrawal; (c) allowing
part-final withdrawal for purposes entirely unrelated to those prescribed in the
rules (eg. construction of brother's or son's house, niece's marriage, meeting
a bank overdraft etc.) 3. For the enumeration of the State Government, it may
be mentioned here that on its part, the Central Gvoernment has not invoked its
powers unded rule 35 ibid in case such as those mentioned at (a & (b) in para
2 above. As for permission for part-final withdrawal, for purposes not prescribed
in the rules, it is being granted only for purposes directly concerned with a
prescribed purpose (i.e. part-final withdrawal for payment of fees for registration
of anme for allotment of a DDA Flat is directly connected with payment of the
price of the flat.) The Central Government has also
been agreeing, on merits, to relax the monetary limit upto which a part-final
withdrawal is permitted under the rules, and also the maximum number of instalments
in which an advance is recoverable under the rules. The maximum period upto which
interest on P.F. balance can be allowed after the subscriber quits service is
also relaxed by the Central Government in cases where the subscriber is not responsible
for the delay in final payment. In such cases the Central Government allow interest
upto the end of the month preceeding the month of the final payment. 4.
The above enumeration, which is illustrative and not exhaustive, is not intended
to impose any fetters on the exercise of the independent powers of the State Government
under Rule 35 ibid but to impress powers upon them the desirability of invoking
the special powers referred to above only in hard cases.
--------------------------------------------------------------------------------
©
Copyright 2000-2001 Taxindiaonline IMPORTANT
DECISONS Govt. of India's Decisions below Rule
3 of AIS (Provident Fund) Rules, 1955 1. Officers appointed to the Indian
Administrative Service and the Indian Police Service from various sources prior
to 12th September, 1955 the date of promulgation of these Rules should subscribe
to the General Provident Fund (Central) from the date of confirmation and not
from the date of appointment on probation, though they would be eligible to subscribe
to the fund at their own option during the period of probation. The amount so
subscribed voluntarily during the probationary period should not be refunded to
them. [G.I., M.H.A. letter No. 13/35/56-AIS(II), dated 8th Octobor, 1956.]
2. A question was raised whether officers of the
All India Services should be required to subscribe to the fund compulsorily from
the date of their appointment on probation or from the date of their confirmation
in the service. The status of a probationer is the same as that of a person appointed
substantively to the service from the date of appointment on probation. The Government
of India have, therefore, decided the officers of the Indian Administrative/Police
Service should be required to subscribe compulsorily to the Funds from the date
of their appointment on probation. [G.I., M.H.A. letter No. 13/35/56-AIS(II),
dated 27th October, 1956] 3. It was clarified vide
Department of Personnel & A.R. letter No. 11026/4/77-AIS(III), dated the 11th
January 1979 that the new bonus scheme for the members of the All India Services
under the All India Service (Provident Fund) Rules, 1955 would take effect from
the 1st April, 1978. Consequently, the incentive bonus for not with-drawing any
amount from the Provident Fund account would be payable as on 31-3-79 provided,
the subscriber has not withdrawn any amount from his account during the preceding
five years commencing from 1-4-1974. 3.2 The period
of 5 years has been reduced to 3 years from 1-4-1979 i.e. the bonus of one percent
on the entire balance at the credit of the subscriber in case he has not withdrawn
any amount from the fund during the preceding 3 years commencing from 1-4-1979
vide the Ministry of Finance Resolution No. F 6(1)-PD-81 dated the 1st July, 1981. 3.3
It is also clarified, having regard to the provisions of rule 3 of the All India
Service (PF) Rules, 1955, according to which the credit in and liabilities to
any Provident Fund (only the subscriber's contribution and interest thereon in
respect of a Contributory Provident Fund) to which a member of the All India Service
was subscribing prior to his joining the All India Services (Provident Fund),
that the previous service rendered under the State or Central Govt., by a member
of the Service, during which such member was subscribing to the P.F. shall be
reckoned for calculating the incentive bonus in accordance with the provisions
of the new bonus scheme referred to above. [G.I., DP & AR letter No.11026/8/83-AIS(III),
dated 14th July, 1983] Govt. of India' Decisions below
Rule 4 of AIS (Provident Fund) Rules, 1955 Subscribers to the Fund, who had
made their nominations under the General Provident Fund (Cetral Services) Rules,
prior to promulgations of these rules, should be required to make fresh nominations
in the prescribed forms. [G.I., MHA letter No. 13/33/56-AIS (II), dated 14th
September, 1956] Govt. of India' Instructions below Rule 5 of AIS (Provident
Fund) Rules, 1955 The problem regarding missing credits in the Provident
Fund Accounts of members of the All India Services was considered by the Ministry
of Finance (Department of Expenditure-Controller General of Accounts) and they
have issued instructions in this reagrd to all Chief Controllers of Accounts/Controllers
of Accounts of various Ministries/ Departments of Government of India, according
to which members of All India Services and other Central Services on deputation
with the Central Ministries/ Departments should be supplied with an annual statement
in the prescribed performa indicating the amount of GPF and other deductions made
from their salary. A copy of this statement will also have to be sent simultaneously
to the accounting authority concerned. In this connection, a copy of Ministry
of Finance (Controller General of Accounts) letter No. C. 30012/Coord/ 2/CGA /307
dated 31st October, 1981, addressed to all Chief Controllers of Accounts/ Controllers
of Accounts of various Ministries/Departments along with its enclosure, is annexed.
[DP & AR letter No. 11026/12/83-AIS(III), dated the 27th May, 1983.]
ANNEXURE TO GOVERNMENT OF INDIA INSTRUCTIONS BELOW
RULE 5 OF THE AIS (PROVIDENT FUND) RULES [Copy of Ministry of Finance, Department
of Expenditure Letter No. 30012 /Coord/MF/CGA/307, dated 31st October, 1981.]
It has been reported that in a large number of cases, the Annual Statements
of G.P.F. Account of officers who are on deputation to various Ministries/Departments
of Central Government for all India Services, I.A. and A.D., Posts and Telegraph,
Railway, Defence etc. do not generally reflect all the credits in respect of deductions
made in a financial year from their salary disbursed through the depattmeentalised
Pay and Accounts officer even though the recoveries effected are regularly remitted
to the concerned accounting authorities before the close of the financial year.
The non-inclusion of all credit in the annual statments causes considerable inconvenience
to the officers and involves avoidable correspondance
____________________________________________________________________________
Policy No. and name of the company 1. 2. 3. Amount Date Voucher No.
March... April.. May....June......July......August....September.....October.....Number...December
Janjuary February
Govt. of India's Decision below
Rule 6 of AIS (PF) Rules, 1955 1. It has been decided that it would not be
necessary to increase the rate of subscription consequent on the increase in pay,
due to revision of pay scales etc. during the course of the year. [G.I.,
M.H.A. letter No. 6/21/62-AIS(II),dated 29th September, 1962] 2.
In the case of subscribers to the General Provident Fund (Central Services) the
amount of subscription originally fixed by a subscriber is not to be varied during
the course of the year on account of any increase or decrease of pay which might
ultimately have been found to be in respect of 31st March preceding or which might
take place during the year. The Government of India have decided that similar
procedure should be followed in the case of subscribers to the All India Services
(Provident Fund) Rules. In view of the above possition it would be not necessary
to increase the rate of subscription to the provident Fund consequent on the increase
of pay of the subscribers during the course of the year. [M.H.A. letter No.
6/16/62-AIS(II), dated 10th September 1962.] Govt. of India's Decisions below
Rule 9 of AIS (Provident Fund) Rules, 1955. All India Service Officers who
prior to their appointment to the All India Services were governed by the State
Provident Fund Rules, cease to become entitled to the protected rate of interest
from the date of their promotion. As member of AIS, the officer is entitled to
get interest according to the G.P Fund (Central Services) Rules, from the date
he becomes subject to new Rules. [G.I., M.H.A. letter No. 8/4/57-AIS(III),
dated 1-4-1957, and letter No. 6/1/62-AIS(II), dated 1-9-62] Govt.
of India's Decisions below Rule 10 of AIS (Provident Fund) Rules, 1955 It
has been decided to treat the following courses as technical/specialised for the
purpose of grant of advance under Rule 10(1)(a)(v) and withdrawal under 12(1A)(a)
respectively of the All India Services (Provident Fund) Rules, 1955:- (i)
The Company Secretaryship Course of the Institute of Company Secretaries of India;
and (ii) The Course of Pre-Sea Training imparted on
the Training Ship "Rajendra" to prospective navigating officers on merchant
ships. With a view to reasssuring the subscribers regarding proper accounting
of the deductions made from the salary towards G.P.F. and other advances, it would
be desirable that each Pay and Accounts Office should send a statement each year
in the enclosed proforma to individual officers on deputation to the Ministry/Department
under their payment control. A copy of the statement will also simultaneously
sent to the subscribers accounting authority. This will enable the officer to
have in his possession a permanant record of the deductions made from his salary
and the details of remittances made to his accounts officer. The letter can also
make use of his statement for adjusting missing credits, if any, in the subscriber's
without having to correspond with Pr. PAO/PAOs of Central Government Ministries/
Departments. In this connection, a copy of the circular
letter issued by the Controller of Accounts, Ministry of Finance is enclosed.
The Procedure set out above may be adopted from 1980-81 onwards. Copy of Ministry
of Finance D.O. letter No. CA/Fin./Misc./80-81. As
you are aware, deductions are made from your salary each month towards GPF contributions.
But as the ultimate responsibility for maintaining your GPF account devolves on
the Accounting Authority of your parent cadre, we remit to him by cheque the amount
deducted from your pay bills. It has come to our notice that in many cases,
the Annual Statement of Accounts issued by your Accounting Authority does not
reflect all the 'credit' even though the cheques have been received and in many
cases encahsed by him. All this must be causing you considrable inconvenience. While
by the very nature of the Accounting Procedure there is necessarily a time lag
of 2 to 3 months between 'deductions and' 'remittances', it has been our endeavour
to send the requisite cheque to your Accounting Authority promptly. However, with
a view to further reassure you that due care has been taken by us in this matter,
we have decided to sent you each year a statement (enclosed) with a copy to your
Accounting Authority-containing necessary details of these deductions and remittances. We
hope that you will find this statement useful both as a permanent record and as
a collateral evidence so that it any 'credit' is missing in your Annual Statement,
you can pursue the matter direct with your Accounting Authority. The latter can
also make use of this statement for adjusting missing 'credits' if any, in your
accounts without having to enter into protracted correspondence with us. Deductions
may also have been made from your salary bills on accounts of advances such as
House Building, Conveyance etc. We have, therefore, included in the statement
details in this regard as well. STATEMENT SHOWING
DETAILS OF DEDUCTIONS AND REMITTANCES. Name and Designation of officer............offfice........G.P.F.
Account Number the Training Ship 'Rajendra' to prospective navigating offices
on merchant ships. [DP & AR letter No. 11026/3/81-AIS(III), dt. 10-2-1981.] Government
of India's Instructions: 1. The powers of the Central Government to sanction
advances under this rule to a member of the service serving in the Union Territories
shall subject to the conditions prescribed in the rule be exercised by the Administrators
of the Union Territories within their respective jurisdiction. [G.I., M.H.A.
letter No. 5/34/59-AIS(II), dated 30th July, 1960.] 2.
The sanctioning authority for the purpose of granting temporary advances from
the Fund to memebrs of the Indian Police Service serving in the intelligence Bureau,
the Special Police Establishment and the Central Reserve Police shall be the Director,
Intellignece Bureau, the Inspector General, Special Police Establishment and the
Inspector General, Central Reserve Police respectively. [G.I.,
M.H.A. letter No. 16/16/60-p(III), dated 12th December, 1960.] 3. Subject:
AIS (PFD) Rules-Delegation of power-Rule 10-ragarding. The power to sanction
advance for special reasons under rule 10 of the AIS (PF) Rules, 1955 is now being
exercised by the Administrative Ministries in consultation with the Deptt. of
Pensions and Pensioner's Welfare in terms of Govt. of India Instructions reproduced
on page 68 of the AIS Mannual Part I (Fifth edition). Under the GPF (CCS) Rules
the powers in this regard are vested in the Ministries. 2.
The question of delegation of powers to sanction advance for special reasons under
the AIS (PF) Rules to Ministries/Departments has been considered in consultation
with the Department of Pension and Pensioner's Welfare and it has been decided
that all such cases where advances are sanctioned for special reasons may be decided
by the Administrative Ministries/Departments. The Government of India instruction
1.3 below rule 12 of the AIS (PF) Rules may be treated as cancelled. [G.I.,
M.H.A. letter No. 11026/12/84-AIS (III) dated 4-10-1985.] Govt.of India's
Decision below under Rule 12 of AIS (P.F.) Rules, 1955 (1)
A question arose whether withdrawal could be permitted purely for the purchase
of a site. The Government of India have decided that it could be provided that
the conditions in the other rules, especially the one in rule 15, that construction
of the house should commence within six months of the withdrawal of money and
should be completed within a year from the date of commencement of constructions,
are satisfied. [G.I. M.H.A. U.O. No. 263/557-AIS(III), dated 29th January,
1957.] 2. A member of the Service wanted to withdraw
money from the fund for meeting expenses in connection with his pilgrimage to
Haj. As pilgrimage to Haj is not obligatory, the withdrawal was not sanctioned.
[G.I., M.H.A. letter No. 8/5/57-AIS (II), dated 7th March, 1957.] (3) A question
was raised whether final withdrawal could be permitted for meeting the expenditure
on a marriage, which had already taken place. (3.2)
Marraige is a foreseable event and ordinarily it should not be difficult for the
member concerned to make up his mind beforehand whether he would be able to meet
the entire expenditure thereon from his private resources or whether he would
have to resort to a final withdrawal from his provident fund account for this
purpose, and, if the latter, to apply for the final withdrawal sufficiently in
advance of the date of marraige. Where, however, an officer applies for the withdrawal
well before the date of marriage, but the application is sanctioned after the
aforesaid date or, if sanctioned before that date, the case is received in audit
office for the issue of authority for payment after that date, there will be no
objection to the payment of the amount being made after the date of marriage.
The certificate in terms of sub-rule (4) should be furnsihed in such cases to
the sanctioning authority within a month of the actual drawal of the amount for
the fund. Cases in which withdrawal is applied for after the marriage is over
should not ordinarily be entertained. [G.I. M.H.A. letter No. 8/41/57-AIS(II),
dated 20-11-1957.] 4. A question has been raised whether
the previous service rendered under the State of Central Government by a subscriber
to the All India Service Provident Fund, prior to his becoming a member of an
All India Service, shall count for the purpose of computing the minimum service
prescribed under sub-rule(1), (1A) and (2) of the All India Services (Provident
Fund) Rules, 1955. It is clarified, having regard to the provisions of rule 3
of the All India Services (PF) Rule, 1955, according to which the credit in and
liabilities to any provident Fund (only the subscriber's contribution and interest
thereon in respect of a Contributory Provident Fund) to which a member of the
All India Service was subscribing Prior to his joining the All India Service,
shall be transferred to the All India Service Provident Fund, that the previous
service rendered under the State or Central Government by a member of the Service
during which such member was subscribing to any Contributory or Non-Contributory
Provident Fund, shall be counted in computing the minimum service prescribed under
sub-rule (1), (1A) and (2) of Rule 12 of the All India Services (PF) rules, 1955.
[G.I., D.P. & A.R. letter No. 11026/32/82-AIS(III), dated 23-4-1983.] G.O.I's
Instructions below Rule 12 of AIS(PF) Rules, 1955 1.1
It has been decided in consultation with the Ministry ofFinance that the following
procedure may be followed for granting advances/final withdrawals to officers
of the All India Services, including members of a former Secretary of States Service,
under the various Provident Fund Rules, during the period of their service in
connection with the affairs of the Central Government. 1.2
All cases of advances/final withdrawals which are fully covered by the existing
rules may be sanctioned by the administrative Ministries themselves. The Ministries
of the Government of India shall exercise all the power of the "sanctioning
authority" in all such cases. 1.3 All cases of
advances/final withdrawals which are to besanctioned for special reasons in accordance
with the provisions of therelevant rule should be sanctioned by the Administrative
Ministry in consultation with the Ministry of Finance (Establishment Division). 1.4
All cases of advances/final withdrawals which involve relaxation of the rules
should be sanctioned by the administrative Ministries after obtaining the concurrence
of both the Department of Personnel and A.R and the Ministry of Finance (Establishment
Division) 1.5 Before an officer's request for advance/final
withdrawal is referred to the Ministry of Finance or both to the Department of
Personnel and A.R. and Ministry of Finance, the administrative ministries arerequested
to examine the cases carefully and specify the special reasons or grounds why
the rule(s) should be relaxed in favour of the officer. [G.I., M.H.A. O.M.
No. F.5/13/64-AIS(II), dated 20-5-1964.] 2. See Government
of India's instruction (1) below Rule, 10 3. It has
been decided that pending amendments to Rule 12 of the AllIndia Services (Provident
Fund) Rules, 1955, the orders contained in the Department of Personnel and A.R.
O.M. F. 10(7)-Pen. Unit/83, dated 28-4-1973, may be applied to the members of
the All India Service. Accordingly, the members of the All India Services who
have completed 15 years of service (including broken period of service if any),
may be permitted to make a part final withdrawal from the Provident Funds (G.P.
Fund or C.P. Fund) for booking a Motor Car/Motor Cycle/Scooter/Moped etc subject
to the following conditions. (a) The officer's basic
pay is Rs. 1500/-p.m. or above for registration of Motor Car and a basic pay of
Rs. 500/-p.m. or above in the case of Motor Cycle/Scooter etc. (Basic Pay, as
defined in F.R. 9(21)(a)(i) without Special Pay, Dearness Pay and such other additions
to pay but including NPA. (b) The amount of withdrawal
is limited to Rs. 10,000/- in the case of Car and Rs. 500/- in the case of Motor
Cycle/Scooter etc. or 50% of the amount standing to the credit of the subscriber
in the G.P. Fund or 50% of the amount of subscription with interest thereon standing
to the credit of the subscriber in the C.P. Fund, as the case may be, or the actual
amount of theregistration of the Car or Motor Cycle/Scooter etc., whichever is
less; (c) The amount of withdrawal shall not exceed
the amount required for booking a Car or Motor Cycle or Scooter etc; (d)
The Deposit Receipt must be produced for verification by the concerned administrative
authority within a period of one month from the date of drawal, failure to do
so would involve refund of the total amount withdrawn; (e)
If the officer does not purchase a Car Motor Cycle/Scooter etc. or opts out of
the scheme he should immediately deposite the amount of final withdrawal together
with interest received thereon from the manufacturer/dealer into the Provident
fund account; (f) The Secretary of Administrative
Ministry/Department may allow, special cases, an advance refundable in not more
than 36 instalments in the case of officers who may fall short of the minimum
service of 15 years by a period of not more than 6 months. All other conditions
shall not be relaxable; (g) The officers who have
been allowed advance according to (f) above may be permitted to convert the outstanding
amount of advance into final withdrawal after completion of 15 years of service; (h)
Such withdrawal shall be allowed only on one occasion; and (i)
The amount of Rs. 10,000/- or Rs. 500/- as the case may be, referred to above,
shall be taken into account for determining the overall celing at present fixed
for withdrawal from GPF/CPF Rs. 16,000/- for purchase of Motor Car and Rs. 3500/-
for Motor Cycle/Scooter etc.) The authority competent
to sanction an advance for special reasons under the relevant Provident Fund Rules
may sanction final withdrawal in terms of the orders subject to fulfilment of
the conditions mentioned above. The procedural details will be as in the case
of other withdrawal. [G.I., DP & AR letter No. 11026/11/83-AIS(III), dated
20-5-1963.] 4. Betrothal ceremony and marriage ceremony
of the same child shall also be treated as different purposes. F.No. 11026/7/84-AIS(III).
5. Under Rules 13, 14, 14A and 14B, the sanctioning authority is competent to
sanction a withdrawal from Provident Fund for the purposes mentioned therein (e.g.
House Building, meeting the cost of higher education, expenditure on marriage
of subscriber's son/daughter, meeting the expenditure on illness of subscriber
or any member of his family) upto three-fourths at the credit of subscriber. Ministries/Departments
may henceforth sanction withdrawals upto 90 per cent of accumalations at the credit
of subscriber under Rules 13, 14, 14A and 14B referred to above. [D/P &
Trg. NO. 11026/3/86-AIS(III), dated 7-4-1986.] Government of India's Decision
below Rule 13 of AIS (PF) Rules, 1955 (1) The Government
of India have decided that the withdrawal of the second and subsequent instalments
shall be permitted only when the Government issues a certificate to the effect
that the required formalities regarding the constructions of the house, in pursuance
of which the instalments, have become due have been complied with. [G.I. M.H.A.
letter 5/26/59-AIS (II), dated 4th November, 1959.] (2) [deleted] (3)
A question was raised as to how the house building loans to All India Services
officers for constructing houses outside the State of their allotment should be
regulated. (3.2) It has been decided that where an
All India Services Officers who has been granted loan for house building purposes
by the State under whom he is serving at the time of such grant, decides to construct
the house outside that the state the state within whose jurisdiction the house
is constructed should act as an Agent for the former state, on a reciprocal basis
and (i) examine the correctness of title deeds, (ii) watch the progress of construction
and (iii) enforce mortgage proceedings in case of default in the observance of
the conditions on which the loan has been granted. The cost of verification of
title deeds is to be borne by the member of the All India Services seeking loans
for house-building purpose. [M.H.A. letter No. 8/12/58-AIS(II), dated 18th
March, 1959.] Government of India's Instructions: (1)
It was noticed that a large number of cases where final withdrawals were sanctioned
for house building purposes under rule 13(I) etc., the information as regards
the officer's pay or the amount of advance draw by him from the Ministry of Works,
Housing and Urban Development or any other assistance from any Government source
were not specifically mentioned in the sanction letter. The result was that the
Account Officer concerned was unable to satisfy whether the relevant provisions
of the provident Fund Rules were satisfied in a particular case or not. (1.2)
The Government of India have decided that in future, in all cases, where a final
withdrawal is sanctioned from the Provident fund for purposes of building, acquiring,
reconstructing, or making additions or alternations to a house, the sanctioning
authority must indicate in the sanction letter. (i) the pay of the subscriber
at the time of sanctioning the final withdrawal; (ii) particulars and amount
of advance drawn by him for house-building purposes under the scheme of the Ministry
of Works, Housing and Urban DEvelopment; and (iii) the amount of any other
assistance in this regard received by him from any other Government source.
[G.I., M.H.A. letter No. 5/1/65-AIS (II), dated 21st March, 1966.] Government
of India's Decision below Rule 14 of AIS (PF) Rules, 1955 A
doubt was raised whether under sub-rule (2), the withdrawals may be made at any
time during the first and second halves of the financial year (April-September
and October-March), even though the time lag between the dates of the first withdrawal
and the second is less than six months. The intention of the subrule is that a
withdrawal will not ordinarily be allowed before the expiry of six months from
the date of the previous withdrawal, and in any case not more than two withdrawals
should be allowed in any financial year. [G.I., M.H.A., letter No. 13/16/55-AIS(II),
dated 14 July, 1956.] Government of India's Decision below Rule 17 of AIS
(PF) Rules, 1955.] The term "matured" occuring in the explanation
under sub-rule (3) should be deemed to include "paid up" policies also.
[G.I., M.H.A. letter No. 8/45/57-AIS (II), dated 23rd April, 1958.] Government
of India's Decision below Rule 21 of AIS (PF) Rules, 1955 (1) A question
was raised whether recoveries ordered under sub-rule (4) and rule 25 should be
stopped and the amount already recovered be refunded, as soon as the policy was
assigned, delivered, converted into paid up one or revived as the case might be. It
has been decided that further recoveries should be stopped in such cases
but not refund of the amount already recovered should be allowed. [G.I.,
M.H.A. letter No. 13/36/56-AIS (II), dated 26-9-1956.] Government
of India's Decision below Rule 23 of AIS (PF) Rules, 1955 (1) It has been
decided that the amount may be repaid in convenient instalments the number of
which should be settled between the subscriber and the Accounts Officer, the policy
will, however, be assigned by the Accounts Officer only after repayment of the
amount with interest is completed. [G.I., M.H.A. letter No. 5/23/59-AIS (II),
dated 3-10-1959.] (2) The Life Insurance Corporation
shall register the second assignment in their books on receipt of such assignment
along with a notice thereof. When the dues of Central Government have been settled
the office of the Accountant General, Central Revenue, will nullify the first
assignment either by a assignment in favour of the policy holder or by cancelling
or striking out the original assignment on the policy and will give due notice
to the Corporation of such reassignment and it is only after the original assignment
is so nullified and notice thereof served on the Corporation, that they shall
be able to recognise the second assignment under the policy. [G.I., M.H.A.
letter No. F.6/26/62-AIS (II), dated 1st January, 1963] Government
of India's Decision below Rule 35 of AIS (PF) Rules, 1955 A question was
raised whether under, rule 35 of the All India Services (Provident Fund) Rules,
1955, the State Government were competent to relax the provisions contained in
rule 12 thereof, and order conversion of a Temporary Advance to a non-refundable
one for a purpose which was not provided for under the rules. The Government
of India have held that rule 35 empowers the Government to decide the case of
a subscriber, in a manner other wise than that provided for in the rules, provided
that it is convinced that the operation of the rules is likely to cause undue
hardship to a subscriber, Rule 35 has a wider scope than merely to provide for
relaxation of the existing rules. Accordingly the State Government were competent
to order conversion of the Temporary Advance to a non-refundable one in relaxation
of the provisions of rule 12, under the powers vested in them under rule 35.
[G.I., M.H.A. letter No. F. 5/22/64-AIS(II), dated 22nd October, 1964] EXECUTIVE
INSTRUCTIONS: Ex. Instructions under Rule 35 of AIS (PF) Rules, 1955. All
India Services (Provident Fund) Rules, 1955 provide for the grant of refundable
advances and part-final withdrawal from the Fund for the purpose specified in
the Rules, to subscriber who have completed the prescribed period of service Rule
35 of the Rules ibid vest power in the State Governments to allow refundable advances
and part-final withdrawals from the Fund in relaxation of the exhaustive provisions
of the general rules and even for the purposes not specified in the rules. The
comptroller and Auditor General of India has brought to the notice of the Central
Government certain cases in which there seems to be some doubt regarding the propriety
of the State Government invoking their special power under the aforesaid Rule
35. 2. Although it is not intended to restrict the
powers of the State Government available to them under the above rule, it is considered
necessary to draw their attention to the fact that the special powers under this
rule are to be invoked only in cases where the operation of any of these rules
is likely to cause undue hardship to a member of the service. Thus, it may not
be appropriate to invoke the powers conferred by rule 35 ibid with a view to-
(a) allowing part-fianl withdrawal to a subscriber who has not completed the prescribed
period of service after the expiry of which one becomes eligible for part-final
withdrawal; (b) postponing the recovery of an advance
for a period after the expiry of which subscriber became entitled to convert that
advance into a part-final withdrawal; (c) allowing
part-final withdrawal for purposes entirely unrelated to those prescribed in the
rules (eg. construction of brother's or son's house, niece's marriage, meeting
a bank overdraft etc.) 3. For the enumeration of the State Government, it may
be mentioned here that on its part, the Central Gvoernment has not invoked its
powers unded rule 35 ibid in case such as those mentioned at (a & (b) in para
2 above. As for permission for part-final withdrawal, for purposes not prescribed
in the rules, it is being granted only for purposes directly concerned with a
prescribed purpose (i.e. part-final withdrawal for payment of fees for registration
of anme for allotment of a DDA Flat is directly connected with payment of the
price of the flat.) The Central Government has also
been agreeing, on merits, to relax the monetary limit upto which a part-final
withdrawal is permitted under the rules, and also the maximum number of instalments
in which an advance is recoverable under the rules. The maximum period upto which
interest on P.F. balance can be allowed after the subscriber quits service is
also relaxed by the Central Government in cases where the subscriber is not responsible
for the delay in final payment. In such cases the Central Government allow interest
upto the end of the month preceeding the month of the final payment. 4.
The above enumeration, which is illustrative and not exhaustive, is not intended
to impose any fetters on the exercise of the independent powers of the State Government
under Rule 35 ibid but to impress powers upon them the desirability of invoking
the special powers referred to above only in hard casesIMPORTANT DECISONS
Govt. of India's Decisions below Rule 3 of AIS (Provident Fund) Rules, 1955
1. Officers appointed to the Indian Administrative Service and the Indian Police
Service from various sources prior to 12th September, 1955 the date of promulgation
of these Rules should subscribe to the General Provident Fund (Central) from the
date of confirmation and not from the date of appointment on probation, though
they would be eligible to subscribe to the fund at their own option during the
period of probation. The amount so subscribed voluntarily during the probationary
period should not be refunded to them. [G.I., M.H.A. letter No. 13/35/56-AIS(II),
dated 8th Octobor, 1956.]
2. A question was raised
whether officers of the All India Services should be required to subscribe to
the fund compulsorily from the date of their appointment on probation or from
the date of their confirmation in the service. The status of a probationer is
the same as that of a person appointed substantively to the service from the date
of appointment on probation. The Government of India have, therefore, decided
the officers of the Indian Administrative/Police Service should be required to
subscribe compulsorily to the Funds from the date of their appointment on probation.
[G.I., M.H.A. letter No. 13/35/56-AIS(II), dated 27th October, 1956] 3.
It was clarified vide Department of Personnel & A.R. letter No. 11026/4/77-AIS(III),
dated the 11th January 1979 that the new bonus scheme for the members of the All
India Services under the All India Service (Provident Fund) Rules, 1955 would
take effect from the 1st April, 1978. Consequently, the incentive bonus for not
with-drawing any amount from the Provident Fund account would be payable as on
31-3-79 provided, the subscriber has not withdrawn any amount from his account
during the preceding five years commencing from 1-4-1974. 3.2
The period of 5 years has been reduced to 3 years from 1-4-1979 i.e. the bonus
of one percent on the entire balance at the credit of the subscriber in case he
has not withdrawn any amount from the fund during the preceding 3 years commencing
from 1-4-1979 vide the Ministry of Finance Resolution No. F 6(1)-PD-81 dated the
1st July, 1981. 3.3 It is also clarified, having regard
to the provisions of rule 3 of the All India Service (PF) Rules, 1955, according
to which the credit in and liabilities to any Provident Fund (only the subscriber's
contribution and interest thereon in respect of a Contributory Provident Fund)
to which a member of the All India Service was subscribing prior to his joining
the All India Services (Provident Fund), that the previous service rendered under
the State or Central Govt., by a member of the Service, during which such member
was subscribing to the P.F. shall be reckoned for calculating the incentive bonus
in accordance with the provisions of the new bonus scheme referred to above.
[G.I., DP & AR letter No.11026/8/83-AIS(III), dated 14th July, 1983] Govt.
of India' Decisions below Rule 4 of AIS (Provident Fund) Rules, 1955 Subscribers
to the Fund, who had made their nominations under the General Provident Fund (Cetral
Services) Rules, prior to promulgations of these rules, should be required to
make fresh nominations in the prescribed forms. [G.I., MHA letter No. 13/33/56-AIS
(II), dated 14th September, 1956] Govt. of India' Instructions below Rule
5 of AIS (Provident Fund) Rules, 1955 The problem regarding missing credits
in the Provident Fund Accounts of members of the All India Services was considered
by the Ministry of Finance (Department of Expenditure-Controller General of Accounts)
and they have issued instructions in this reagrd to all Chief Controllers of Accounts/Controllers
of Accounts of various Ministries/ Departments of Government of India, according
to which members of All India Services and other Central Services on deputation
with the Central Ministries/ Departments should be supplied with an annual statement
in the prescribed performa indicating the amount of GPF and other deductions made
from their salary. A copy of this statement will also have to be sent simultaneously
to the accounting authority concerned. In this connection, a copy of Ministry
of Finance (Controller General of Accounts) letter No. C. 30012/Coord/ 2/CGA /307
dated 31st October, 1981, addressed to all Chief Controllers of Accounts/ Controllers
of Accounts of various Ministries/Departments along with its enclosure, is annexed.
[DP & AR letter No. 11026/12/83-AIS(III), dated the 27th May, 1983.]
ANNEXURE TO GOVERNMENT OF INDIA INSTRUCTIONS BELOW
RULE 5 OF THE AIS (PROVIDENT FUND) RULES [Copy of Ministry of Finance, Department
of Expenditure Letter No. 30012 /Coord/MF/CGA/307, dated 31st October, 1981.]
It has been reported that in a large number of cases, the Annual Statements
of G.P.F. Account of officers who are on deputation to various Ministries/Departments
of Central Government for all India Services, I.A. and A.D., Posts and Telegraph,
Railway, Defence etc. do not generally reflect all the credits in respect of deductions
made in a financial year from their salary disbursed through the depattmeentalised
Pay and Accounts officer even though the recoveries effected are regularly remitted
to the concerned accounting authorities before the close of the financial year.
The non-inclusion of all credit in the annual statments causes considerable inconvenience
to the officers and involves avoidable correspondance
____________________________________________________________________________
Policy No. and name of the company 1. 2. 3. Amount Date Voucher No.
March... April.. May....June......July......August....September.....October.....Number...December
Janjuary February
Govt. of India's Decision below
Rule 6 of AIS (PF) Rules, 1955 1. It has been decided that it would not be
necessary to increase the rate of subscription consequent on the increase in pay,
due to revision of pay scales etc. during the course of the year. [G.I.,
M.H.A. letter No. 6/21/62-AIS(II),dated 29th September, 1962] 2.
In the case of subscribers to the General Provident Fund (Central Services) the
amount of subscription originally fixed by a subscriber is not to be varied during
the course of the year on account of any increase or decrease of pay which might
ultimately have been found to be in respect of 31st March preceding or which might
take place during the year. The Government of India have decided that similar
procedure should be followed in the case of subscribers to the All India Services
(Provident Fund) Rules. In view of the above possition it would be not necessary
to increase the rate of subscription to the provident Fund consequent on the increase
of pay of the subscribers during the course of the year. [M.H.A. letter No.
6/16/62-AIS(II), dated 10th September 1962.] Govt. of India's Decisions below
Rule 9 of AIS (Provident Fund) Rules, 1955. All India Service Officers who
prior to their appointment to the All India Services were governed by the State
Provident Fund Rules, cease to become entitled to the protected rate of interest
from the date of their promotion. As member of AIS, the officer is entitled to
get interest according to the G.P Fund (Central Services) Rules, from the date
he becomes subject to new Rules. [G.I., M.H.A. letter No. 8/4/57-AIS(III),
dated 1-4-1957, and letter No. 6/1/62-AIS(II), dated 1-9-62] Govt.
of India's Decisions below Rule 10 of AIS (Provident Fund) Rules, 1955 It
has been decided to treat the following courses as technical/specialised for the
purpose of grant of advance under Rule 10(1)(a)(v) and withdrawal under 12(1A)(a)
respectively of the All India Services (Provident Fund) Rules, 1955:- (i)
The Company Secretaryship Course of the Institute of Company Secretaries of India;
and (ii) The Course of Pre-Sea Training imparted on
the Training Ship "Rajendra" to prospective navigating officers on merchant
ships. With a view to reasssuring the subscribers regarding proper accounting
of the deductions made from the salary towards G.P.F. and other advances, it would
be desirable that each Pay and Accounts Office should send a statement each year
in the enclosed proforma to individual officers on deputation to the Ministry/Department
under their payment control. A copy of the statement will also simultaneously
sent to the subscribers accounting authority. This will enable the officer to
have in his possession a permanant record of the deductions made from his salary
and the details of remittances made to his accounts officer. The letter can also
make use of his statement for adjusting missing credits, if any, in the subscriber's
without having to correspond with Pr. PAO/PAOs of Central Government Ministries/
Departments. In this connection, a copy of the circular
letter issued by the Controller of Accounts, Ministry of Finance is enclosed.
The Procedure set out above may be adopted from 1980-81 onwards. Copy of Ministry
of Finance D.O. letter No. CA/Fin./Misc./80-81. As
you are aware, deductions are made from your salary each month towards GPF contributions.
But as the ultimate responsibility for maintaining your GPF account devolves on
the Accounting Authority of your parent cadre, we remit to him by cheque the amount
deducted from your pay bills. It has come to our notice that in many cases,
the Annual Statement of Accounts issued by your Accounting Authority does not
reflect all the 'credit' even though the cheques have been received and in many
cases encahsed by him. All this must be causing you considrable inconvenience. While
by the very nature of the Accounting Procedure there is necessarily a time lag
of 2 to 3 months between 'deductions and' 'remittances', it has been our endeavour
to send the requisite cheque to your Accounting Authority promptly. However, with
a view to further reassure you that due care has been taken by us in this matter,
we have decided to sent you each year a statement (enclosed) with a copy to your
Accounting Authority-containing necessary details of these deductions and remittances. We
hope that you will find this statement useful both as a permanent record and as
a collateral evidence so that it any 'credit' is missing in your Annual Statement,
you can pursue the matter direct with your Accounting Authority. The latter can
also make use of this statement for adjusting missing 'credits' if any, in your
accounts without having to enter into protracted correspondence with us. Deductions
may also have been made from your salary bills on accounts of advances such as
House Building, Conveyance etc. We have, therefore, included in the statement
details in this regard as well. STATEMENT SHOWING
DETAILS OF DEDUCTIONS AND REMITTANCES. Name and Designation of officer............offfice........G.P.F.
Account Number the Training Ship 'Rajendra' to prospective navigating offices
on merchant ships. [DP & AR letter No. 11026/3/81-AIS(III), dt. 10-2-1981.] Government
of India's Instructions: 1. The powers of the Central Government to sanction
advances under this rule to a member of the service serving in the Union Territories
shall subject to the conditions prescribed in the rule be exercised by the Administrators
of the Union Territories within their respective jurisdiction. [G.I., M.H.A.
letter No. 5/34/59-AIS(II), dated 30th July, 1960.] 2.
The sanctioning authority for the purpose of granting temporary advances from
the Fund to memebrs of the Indian Police Service serving in the intelligence Bureau,
the Special Police Establishment and the Central Reserve Police shall be the Director,
Intellignece Bureau, the Inspector General, Special Police Establishment and the
Inspector General, Central Reserve Police respectively. [G.I.,
M.H.A. letter No. 16/16/60-p(III), dated 12th December, 1960.] 3. Subject:
AIS (PFD) Rules-Delegation of power-Rule 10-ragarding. The power to sanction
advance for special reasons under rule 10 of the AIS (PF) Rules, 1955 is now being
exercised by the Administrative Ministries in consultation with the Deptt. of
Pensions and Pensioner's Welfare in terms of Govt. of India Instructions reproduced
on page 68 of the AIS Mannual Part I (Fifth edition). Under the GPF (CCS) Rules
the powers in this regard are vested in the Ministries. 2.
The question of delegation of powers to sanction advance for special reasons under
the AIS (PF) Rules to Ministries/Departments has been considered in consultation
with the Department of Pension and Pensioner's Welfare and it has been decided
that all such cases where advances are sanctioned for special reasons may be decided
by the Administrative Ministries/Departments. The Government of India instruction
1.3 below rule 12 of the AIS (PF) Rules may be treated as cancelled. [G.I.,
M.H.A. letter No. 11026/12/84-AIS (III) dated 4-10-1985.] Govt.of India's
Decision below under Rule 12 of AIS (P.F.) Rules, 1955 (1)
A question arose whether withdrawal could be permitted purely for the purchase
of a site. The Government of India have decided that it could be provided that
the conditions in the other rules, especially the one in rule 15, that construction
of the house should commence within six months of the withdrawal of money and
should be completed within a year from the date of commencement of constructions,
are satisfied. [G.I. M.H.A. U.O. No. 263/557-AIS(III), dated 29th January,
1957.] 2. A member of the Service wanted to withdraw
money from the fund for meeting expenses in connection with his pilgrimage to
Haj. As pilgrimage to Haj is not obligatory, the withdrawal was not sanctioned.
[G.I., M.H.A. letter No. 8/5/57-AIS (II), dated 7th March, 1957.] (3) A question
was raised whether final withdrawal could be permitted for meeting the expenditure
on a marriage, which had already taken place. (3.2)
Marraige is a foreseable event and ordinarily it should not be difficult for the
member concerned to make up his mind beforehand whether he would be able to meet
the entire expenditure thereon from his private resources or whether he would
have to resort to a final withdrawal from his provident fund account for this
purpose, and, if the latter, to apply for the final withdrawal sufficiently in
advance of the date of marraige. Where, however, an officer applies for the withdrawal
well before the date of marriage, but the application is sanctioned after the
aforesaid date or, if sanctioned before that date, the case is received in audit
office for the issue of authority for payment after that date, there will be no
objection to the payment of the amount being made after the date of marriage.
The certificate in terms of sub-rule (4) should be furnsihed in such cases to
the sanctioning authority within a month of the actual drawal of the amount for
the fund. Cases in which withdrawal is applied for after the marriage is over
should not ordinarily be entertained. [G.I. M.H.A. letter No. 8/41/57-AIS(II),
dated 20-11-1957.] 4. A question has been raised whether
the previous service rendered under the State of Central Government by a subscriber
to the All India Service Provident Fund, prior to his becoming a member of an
All India Service, shall count for the purpose of computing the minimum service
prescribed under sub-rule(1), (1A) and (2) of the All India Services (Provident
Fund) Rules, 1955. It is clarified, having regard to the provisions of rule 3
of the All India Services (PF) Rule, 1955, according to which the credit in and
liabilities to any provident Fund (only the subscriber's contribution and interest
thereon in respect of a Contributory Provident Fund) to which a member of the
All India Service was subscribing Prior to his joining the All India Service,
shall be transferred to the All India Service Provident Fund, that the previous
service rendered under the State or Central Government by a member of the Service
during which such member was subscribing to any Contributory or Non-Contributory
Provident Fund, shall be counted in computing the minimum service prescribed under
sub-rule (1), (1A) and (2) of Rule 12 of the All India Services (PF) rules, 1955.
[G.I., D.P. & A.R. letter No. 11026/32/82-AIS(III), dated 23-4-1983.] G.O.I's
Instructions below Rule 12 of AIS(PF) Rules, 1955 1.1
It has been decided in consultation with the Ministry ofFinance that the following
procedure may be followed for granting advances/final withdrawals to officers
of the All India Services, including members of a former Secretary of States Service,
under the various Provident Fund Rules, during the period of their service in
connection with the affairs of the Central Government. 1.2
All cases of advances/final withdrawals which are fully covered by the existing
rules may be sanctioned by the administrative Ministries themselves. The Ministries
of the Government of India shall exercise all the power of the "sanctioning
authority" in all such cases. 1.3 All cases of
advances/final withdrawals which are to besanctioned for special reasons in accordance
with the provisions of therelevant rule should be sanctioned by the Administrative
Ministry in consultation with the Ministry of Finance (Establishment Division). 1.4
All cases of advances/final withdrawals which involve relaxation of the rules
should be sanctioned by the administrative Ministries after obtaining the concurrence
of both the Department of Personnel and A.R and the Ministry of Finance (Establishment
Division) 1.5 Before an officer's request for advance/final
withdrawal is referred to the Ministry of Finance or both to the Department of
Personnel and A.R. and Ministry of Finance, the administrative ministries arerequested
to examine the cases carefully and specify the special reasons or grounds why
the rule(s) should be relaxed in favour of the officer. [G.I., M.H.A. O.M.
No. F.5/13/64-AIS(II), dated 20-5-1964.] 2. See Government
of India's instruction (1) below Rule, 10 3. It has
been decided that pending amendments to Rule 12 of the AllIndia Services (Provident
Fund) Rules, 1955, the orders contained in the Department of Personnel and A.R.
O.M. F. 10(7)-Pen. Unit/83, dated 28-4-1973, may be applied to the members of
the All India Service. Accordingly, the members of the All India Services who
have completed 15 years of service (including broken period of service if any),
may be permitted to make a part final withdrawal from the Provident Funds (G.P.
Fund or C.P. Fund) for booking a Motor Car/Motor Cycle/Scooter/Moped etc subject
to the following conditions. (a) The officer's basic
pay is Rs. 1500/-p.m. or above for registration of Motor Car and a basic pay of
Rs. 500/-p.m. or above in the case of Motor Cycle/Scooter etc. (Basic Pay, as
defined in F.R. 9(21)(a)(i) without Special Pay, Dearness Pay and such other additions
to pay but including NPA. (b) The amount of withdrawal
is limited to Rs. 10,000/- in the case of Car and Rs. 500/- in the case of Motor
Cycle/Scooter etc. or 50% of the amount standing to the credit of the subscriber
in the G.P. Fund or 50% of the amount of subscription with interest thereon standing
to the credit of the subscriber in the C.P. Fund, as the case may be, or the actual
amount of theregistration of the Car or Motor Cycle/Scooter etc., whichever is
less; (c) The amount of withdrawal shall not exceed
the amount required for booking a Car or Motor Cycle or Scooter etc; (d)
The Deposit Receipt must be produced for verification by the concerned administrative
authority within a period of one month from the date of drawal, failure to do
so would involve refund of the total amount withdrawn; (e)
If the officer does not purchase a Car Motor Cycle/Scooter etc. or opts out of
the scheme he should immediately deposite the amount of final withdrawal together
with interest received thereon from the manufacturer/dealer into the Provident
fund account; (f) The Secretary of Administrative
Ministry/Department may allow, special cases, an advance refundable in not more
than 36 instalments in the case of officers who may fall short of the minimum
service of 15 years by a period of not more than 6 months. All other conditions
shall not be relaxable; (g) The officers who have
been allowed advance according to (f) above may be permitted to convert the outstanding
amount of advance into final withdrawal after completion of 15 years of service; (h)
Such withdrawal shall be allowed only on one occasion; and (i)
The amount of Rs. 10,000/- or Rs. 500/- as the case may be, referred to above,
shall be taken into account for determining the overall celing at present fixed
for withdrawal from GPF/CPF Rs. 16,000/- for purchase of Motor Car and Rs. 3500/-
for Motor Cycle/Scooter etc.) The authority competent
to sanction an advance for special reasons under the relevant Provident Fund Rules
may sanction final withdrawal in terms of the orders subject to fulfilment of
the conditions mentioned above. The procedural details will be as in the case
of other withdrawal. [G.I., DP & AR letter No. 11026/11/83-AIS(III), dated
20-5-1963.] 4. Betrothal ceremony and marriage ceremony
of the same child shall also be treated as different purposes. F.No. 11026/7/84-AIS(III).
5. Under Rules 13, 14, 14A and 14B, the sanctioning authority is competent to
sanction a withdrawal from Provident Fund for the purposes mentioned therein (e.g.
House Building, meeting the cost of higher education, expenditure on marriage
of subscriber's son/daughter, meeting the expenditure on illness of subscriber
or any member of his family) upto three-fourths at the credit of subscriber. Ministries/Departments
may henceforth sanction withdrawals upto 90 per cent of accumalations at the credit
of subscriber under Rules 13, 14, 14A and 14B referred to above. [D/P &
Trg. NO. 11026/3/86-AIS(III), dated 7-4-1986.] Government of India's Decision
below Rule 13 of AIS (PF) Rules, 1955 (1) The Government
of India have decided that the withdrawal of the second and subsequent instalments
shall be permitted only when the Government issues a certificate to the effect
that the required formalitievelopment or any other assistance from any Government
source were not specifically mentioned in the sanction letter. The result was
that the Account Officer concerned was unable to satisfy whether the relevant
provisions of the provident Fund Rules were satisfied in a particular case or
not. s regarding the constructions of the house, in pursuance of which the instalments,
have become due have been complied with. [G.I. M.H.A. letter 5/26/59-AIS (II),
dated 4th November, 1959.] (2) [deleted] (3) A question was raised as
to how the house building loans to All India Services officers for constructing
houses outside the State of their allotment should be regulated. (3.2)
It has been decided that where an All India Services Officers who has been granted
loan for house building purposes by the State under whom he is serving at the
time of such grant, decides to construct the house outside that the state the
state within whose jurisdiction the house is constructed should act as an Agent
for the former state, on a reciprocal basis and (i) examine the correctness of
title deeds, (ii) watch the progress of construction and (iii) enforce mortgage
proceedings in case of default in the observance of the conditions on which the
loan has been granted. The cost of verification of title deeds is to be borne
by the member of the All India Services seeking loans for house-building purpose.
[M.H.A. letter No. 8/12/58-AIS(II), dated 18th March, 1959.] Government of
India's Instructions: (1) It was noticed that a large
number of cases where final withdrawals were sanctioned for house building purposes
under rule 13(I) etc., the information as regards the officer's pay or the amount
of advance draw by him from the Ministry of Works, Housing and Urban De (1.2)
The Government of India have decided that in future, in all cases, where a final
withdrawal is sanctioned from the Provident fund for purposes of building, acquiring,
reconstructing, or making additions or alternations to a house, the sanctioning
authority must indicate in the sanction letter. (i) the pay of the subscriber
at the time of sanctioning the final withdrawal; (ii) particulars and amount
of advance drawn by him for house-building purposes under the schem e
of the Ministry of Works, Housing and Urban DEvelopment; and (iii) the amount
of any other assistance in this regard received by him from any other Government
source. [G.I., M.H.A. letter No. 5/1/65-AIS (II), dated 21st March, 1966.]
Government of India's Decision below Rule 14 of AIS (PF) Rules, 1955 A
doubt was raised whether under sub-rule (2), the withdrawals may be made at any
time during the first and second halves of the financial year (April-September
and October-March), even though the time lag between the dates of the first withdrawal
and the second is less than six months. The intention of the subrule is that a
withdrawal will not ordinarily be allowed before the expiry of six months from
the date of the previous withdrawal, and in any case not more than two withdrawals
should be allowed in any financial year. [G.I., M.H.A., letter No. 13/16/55-AIS(II),
dated 14 July, 1956.] Government of India's Decision below Rule 17 of AIS
(PF) Rules, 1955.] The term "matured" occuring in the explanation
under sub-rule (3) should be deemed to include "paid up" policies also.
[G.I., M.H.A. letter No. 8/45/57-AIS (II), dated 23rd April, 1958.] Government
of India's Decision below Rule 21 of AIS (PF) Rules, 1955 (1) A question
was raised whether recoveries ordered under sub-rule (4) and rule 25 should be
stopped and the amount already recovered be refunded, as soon as the policy was
assigned, delivered, converted into paid up one or revived as the case might be. It
has been decided that further recoveries should be stopped in such cases
but not refund of the amount already recovered should be allowed. [G.I.,
M.H.A. letter No. 13/36/56-AIS (II), dated 26-9-1956.] Government
of India's Decision below Rule 23 of AIS (PF) Rules, 1955 (1) It has been
decided that the amount may be repaid in convenient instalments the number of
which should be settled between the subscriber and the Accounts Officer, the policy
will, however, be assigned by the Accounts Officer only after repayment of the
amount with interest is completed. [G.I., M.H.A. letter No. 5/23/59-AIS (II),
dated 3-10-1959.] (2) The Life Insurance Corporation
shall register the second assignment in their books on receipt of such assignment
along with a notice thereof. When the dues of Central Government have been settled
the office of the Accountant General, Central Revenue, will nullify the first
assignment either by a assignment in favour of the policy holder or by cancelling
or striking out the original assignment on the policy and will give due notice
to the Corporation of such reassignment and it is only after the original assignment
is so nullified and notice thereof served on the Corporation, that they shall
be able to recognise the second assignment under the policy. [G.I., M.H.A.
letter No. F.6/26/62-AIS (II), dated 1st January, 1963] Government
of India's Decision below Rule 35 of AIS (PF) Rules, 1955 A question was
raised whether under, rule 35 of the All India Services (Provident Fund) Rules,
1955, the State Government were competent to relax the provisions contained in
rule 12 thereof, and order conversion of a Temporary Advance to a non-refundable
one for a purpose which was not provided for under the rules. The Government
of India have held that rule 35 empowers the Government to decide the case of
a subscriber, in a manner other wise than that provided for in the rules, provided
that it is convinced that the operation of the rules is likely to cause undue
hardship to a subscriber, Rule 35 has a wider scope than merely to provide for
relaxation of the existing rules. Accordingly the State Government were competent
to order conversion of the Temporary Advance to a non-refundable one in relaxation
of the provisions of rule 12, under the powers vested in them under rule 35.
[G.I., M.H.A. letter No. F. 5/22/64-AIS(II), dated 22nd October, 1964] EXECUTIVE
INSTRUCTIONS: Ex. Instructions under Rule 35 of AIS (PF) Rules, 1955. All
India Services (Provident Fund) Rules, 1955 provide for the grant of refundable
advances and part-final withdrawal from the Fund for the purpose specified in
the Rules, to subscriber who have completed the prescribed period of service Rule
35 of the Rules ibid vest power in the State Governments to allow refundable advances
and part-final withdrawals from the Fund in relaxation of the exhaustive provisions
of the general rules and even for the purposes not specified in the rules. The
comptroller and Auditor General of India has brought to the notice of the Central
Government certain cases in which there seems to be some doubt regarding the propriety
of the State Government invoking their special power under the aforesaid Rule
35. 2. Although it is not intended to restrict the
powers of the State Government available to them under the above rule, it is considered
necessary to draw their attention to the fact that the special powers under this
rule are to be invoked only in cases where the operation of any of these rules
is likely to cause undue hardship to a member of the service. Thus, it may not
be appropriate to invoke the powers conferred by rule 35 ibid with a view to-
(a) allowing part-fianl withdrawal to a subscriber who has not completed the prescribed
period of service after the expiry of which one becomes eligible for part-final
withdrawal; (b) postponing the recovery of an advance
for a period after the expiry of which subscriber became entitled to convert that
advance into a part-final withdrawal; (c) allowing
part-final withdrawal for purposes entirely unrelated to those prescribed in the
rules (eg. construction of brother's or son's house, niece's marriage, meeting
a bank overdraft etc.) 3. For the enumeration of the State Government, it may
be mentioned here that on its part, the Central Gvoernment has not invoked its
powers unded rule 35 ibid in case such as those mentioned at (a & (b) in para
2 above. As for permission for part-final withdrawal, for purposes not prescribed
in the rules, it is being granted only for purposes directly concerned with a
prescribed purpose (i.e. part-final withdrawal for payment of fees for registration
of anme for allotment of a DDA Flat is directly connected with payment of the
price of the flat.) The Central Government has also
been agreeing, on merits, to relax the monetary limit upto which a part-final
withdrawal is permitted under the rules, and also the maximum number of instalments
in which an advance is recoverable under the rules. The maximum period upto which
interest on P.F. balance can be allowed after the subscriber quits service is
also relaxed by the Central Government in cases where the subscriber is not responsible
for the delay in final payment. In such cases the Central Government allow interest
upto the end of the month preceeding the month of the final payment. 4.
The above enumeration, which is illustrative and not exhaustive, is not intended
to impose any fetters on the exercise of the independent powers of the State Government
under Rule 35 ibid but to impress powers upon them the desirability of invoking
the special powers referred to above only in hard cases.
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