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Provident Fund Key Notes
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withdrawn and if he fails to do so, the whole of the sum so withdrawn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which it was withdrawn 65[ ] from the month ofwithdrawal shall be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illness etc.- Any sum withdrawn by a subscriber under clause (c)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.]
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