I The Employees' Provident Fund · 2018-06-12 · Regulaions, etc., framed by the Employees'...
183
f For Official Use On1r; 7 I I The Employees' Provident Fund - -,,: '. I ••," SERVICES MA NUAL I· I. I, 1 I' 1 [. I! I1 I i I 1 1, I " I I ! '." \ i .- ..... . :-~.,." .: "
Transcript of I The Employees' Provident Fund · 2018-06-12 · Regulaions, etc., framed by the Employees'...
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For Official Use On1r;
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The Employees' Provident Fund- -,,:'. I •• ,"
SERVICES MA NUALI·
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PREFACE
" I'll Employees' Provident Fund Organisation hascomplet d 20 years of its existence. Rules and Regulations havebee made from time ~8 :::-::-::: "~':~:'::.:::."" ::-C'C"'_:~~~(>n!, conditionsof ss rvicc, grant f various types of advances, etc., to theemployer-so In the matters Ior which no provision Or insuffi-cient provision has been made in the Rules framed for theemploye s, th rules applicable from time to time to the corres-ponding category of Central Government employees apply. Aneed for a handy book of ref rencc, containing all the Rules andRegulaions, etc., framed by the Employees' Provident FundOrganisation and a list of the important regulations framed byth Central Government for their employees and applicable tothe employe s of this Organisation was felt for some time past.The present servic s manual is aimed at fulfilling thisrcquir merit and it is hoped that it will serv the intendedpurpose.
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New D 1hi1972 :
."(V. S. D sika Chari),
Central Provident Fund Commissioner.
CONTENTS
S. No. Description Pages
L The Emnlovees Provident Fund (Staff and Conditionsof Service Reguia.ionsj, 1962 1-23
The Employees' Provident Fund Organisation (Commis-sioners) Recruitment Rules, 1966
3. The Employees' Provident Fund Organisation (FinancialAdviser and Chief Accounts Officer) Recruitment Rules.1972 30-.31
4. The Employees' Provident Fund Staff {Classification.Control and Appeal) Rules. 1971
5. The Employees' Provident Fund Staff (Classification.C onuol and Appeals) Rules, 197 J -A pplication to theCommissioners Order 57
6. The Employees' Provident Fund Accounts Service..Exa-mination Scheme 58-er.
,/
7. / The Employees' Provident Fund Organisation (StaffContributory Provident Fund) Regulations, 1960 (,7-85
8. ./ The Employees' Provident Funds, Central Board Em-ployees (Allotment of Residences) Rules, 1972 8C--.l<'4
9. Ahe Employees' Provident Fund (Grant of Advances toOfficers and Staff other than Commissioners for build-ing/purchasing of houses) Rules, 1965 105-176
to. The Employees' Provident Fund S taff BenevolentFund !77:- 181
''1.11. List of important Central Government Rules/Regulations
which are applicable mutatis mut andis to the employeesof the Employees' Provident Fund Organisat i•....•n .. 182I.."
r-.lY
IEMPLOYYES PROVIDENT FUND (STAFF AND .CONDtTIONS OFSERVICE) REGULATIONS, 1962.
LAs amended up to 30th September, 1972]I
L Short title and cornrnencemenr.c--t l ) These regulations may becalled the Employees' Provident Fund (Staff and Conditions of Service)Regulations, 1962.
(2) They shall be deemed to have come into force with effect from-
(i) ~he 1st December, 1952, in relation to employees of theHeadquarters of the Organisation in New Delhi (Office ofthe Central Provident Fund Commissioner, New Delhi) ;
(ii) the 19th March, 1960, in relation to employees in variousregional offices of the Organisation ;
Provided that no case relating ,;0 conditions of service of any employeewhich has already been finally decided shall be reopened by virtue of anyprovision contained in these regulations :
Provided further that if any doubt or difficulty ari~s in regard tothe applicability of all or any of the provisions of these regulations to a."1Ysuch case which has not already been finally decided, the decision of theCentral Government thereon shall be final.
2. Definitions.-In these regulations, unless the context otherwiserequires-
(a) 'Act' means the Employees' Provident Funds Act, 1952 (19 of1952) ;
(0) 'Commission' means the Union Public Service Commission
(c) 'Organisation' means theOrganisation
(d) 'Commissioner' means the Central Provident Fund Commis-'sioner or a Regional Commissioner appointed under para-graph 19 or 20 of the Employees' Provident Funds Scheme,1952 ; -,
Employees' Provident Fund
lpublished in Part H. S•..ction 30) of the Gazette of India datal t..~e19thMay, ]962 vide Notification No G.S.R. 691.
2
(e) 'employee' means a person appointed to or borne on the cadreof the staff of the Organisation ;
(f) 'month' means a calendar month;
(g) 'post' means a post under the Organisation;
(h) 'Schedule' means a Schedule to these regulations
(i) 'Service' means service under the Organisation ;
(j) 'Board means the Central DVClni vI -r~u"~c<..,, '-V'""~~~'-'~,:~:paragraph 3 of the Scheme ;
(k) 'Scheme' means the Employees' Provident Funds Scheme, 1951framed under the Employees' Provident Funds Act, 1952 ;
(1) All other words and expressions used hereinafter but notdefined herein shall have the meanings assigned to them inthe relevant rules applicable to the corresponding classes ofCentral Government servants,
3. Application.--These regulations shallemployee of the Organisation, other than theunder paragraphs 19 and 20 of the Scheme:
apply to every whole-tim~~,Commissioners appointed,
,Provided that a Government servant or an employee of a local
'authority or any statutory Organisation, whose services have been or maybe obtained on deputation by the Organisation may be governed by suchterms and conditions as may be settled by the appointing authority inconsultation with the Government or the local authority or the statutoryOrganisation concerned :
Provided further that an employee appointed on contract or tenurebasis may be exempted from these regulations to such extent and subjectto such conditions as may be specified by the appointing authority, but thsappointing authority shall submit a report thereon to the Board.
4. ClasSification and controI.-l[* ~. *].
(2) The Commissioner and the Board shall exercise such powers inthe matter of creation of posts as are laid down in the Scheme.
IDeleted vide G.S.R. 1602 dated the 30th Oct. 197L
---- -~~--~------ _ •.....•... -- -
_·ildtOTity.-TtlE: posts o! Central . and Regional\ J.) Commissioners and De~uty Prcv.dent Fund Comtnissione rs shall be filledby the Ce:n71':l1 G:::·,'·.·' .irnent in accordance with the provisions of theScheme, without consuh.ing the Union Publ ic Service Commission.
(2) Ap?lJi;·;tn:'2l1ts to posts carry'ng scale of pay with maximum ofRs. 580 per month Cl' r::!:!:-zo, other than those mentione-d in sub-regulation(1) shall be made by the Central Government in consultation with theUnion Public S2T':~C(.'Commission. in accordance with recruitment ruleslaid do's;'. in the Second Schedule
(3) A_n~'"L()~~")-~~!-Y":"")""1+'1"'""'1 ~-'i",~4'~ £;) 11!.....-.~n:"1~?;:- =~b-:rc;gulatian (2) fOT ~
period not excee::E::g 0:1(> year may be made by the Central Governmentwithout consulting t he Union Public Servic- C:0mmjso;ion.
(4) Appointments to other categories of posts shall be made by theCommissioner in accordance with the provisions o[ the Scheme and therecruitment rules laid down in the Third Schedule. The Central Com-missioner sh3.11 be ~~'-?appointing authority for the posts in the Head-quarters office and the posts of Head Clerk and Provident Fund InspectorGrade E in the ?esic::.:al Offices and the Regional Commissioner for allthe remaining posts in their respective Regions .
•(5) \J7i~L:;c;: nrejudice to the generality of the I.'ro'~sions contained_E s..ub-regularion (..;)} the .Cornmissioner, may, if it is considered necessary,delegate the powers of appointrnen- in respect of class 1'v posts or any ofthe junior Class lIT PQ3tS for which he is the appointing authority;' to' anofficer subordina.s to him .. out LOl below the rank of an AssistantCommissioner.
fr. .?rob:;>·;<:(n:.-(l) Every P€r-SO!l appointed. to a post, by directt scruitrnent Or by departmental promotion with a view :0 .hisveventual;~ub5tan.ti·ve ap~C~:1~.:t:';2nttc that post: snail t."e-_on _pro ostiorv for.;.:.g periodF)f t\VO y ~~~rs:
Provided that the appointing authority may, in suitable cases, extend:~e period of. probation ordinarily for not more than one year, and. forspecial reasons, for more than one year, but no employee shall, in anycase,be kept on probation for a total period exceeding four years in any post,
(2) In the case of a tenure appointment, the appointing authoritymay prescribe such period of probation as that authority may considernecessary.
---~-------------------------------------lAdded vids G.S.R 1824:dated the 22nd -:-~1)ve.~ber.j \laa .:
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(3) The ~llJi::u~mingauthoritycontinuous period during which an
may, at its discretion, count 2H1Y
employee has successfully officiatedas period of probation in that post,
(4) P..n employee shall be confirmed in the post on satisfactorycompletion of probation if the post against which he is appointed ispermanent and substantively vacant. If the post against which 'le isappointed is temporary. he shall continue in a temporary capaci, or.satisfactory completion of nrobation.
(5) The d{,C:S1flTI 0:1 'D'-' cu=stion \,..hether an employee should beconfirmed or whether he should b~ deemed to h2ve completed the periodof probation satisfactorily or whether his probation should be extendedshall ordinarily be taken within a period of two months after the expiryof the perrod of probation, and communicated to the employee togetherwith the reasons in a case of extension. An employee, who does not makesatisfactory progress, or shows himself to b~ inadequate for the post in anyway, shall be informed :J! his shortcomings sufficiently bEfore the expiryof t~e initial period of prc0?iic1!; to enable him to mak- special effcrtafor improvement.
'BA. Regu.i-arion of pay '-·f probationers.- ..Drawal of pay andincrements by persons appointed on probation to the posts in the Organisa-tion shall be regulated by the relevant provisions contained ill the Funda ..mental Rules and Supplementary Rules as are applicabl,,:o personssimilarly appointed to correspondir.g categories of posts under ili" CentraiGovernment.
7. Cornmencemeut of SeT"vice.--Service shall commence from theworking day on which an employee reports io: duty in an appointmentcovered by thes- regulations at the place and time intimated to him by 'theappointing authority provided thzt he reports IOY' duty in the forenoon;otherwise his service shall commence from the next working day.
-----------------------.---
8. Termination Of SeTiJice.-(l) Notwithstanding anything con-tained in these regulations, an emplO:J~eeshall not leave or discontinue hisservice without giving, where he is a permanent employee, three months'notice, and in any other case one month's notice L'1 writing of his mten-tion to do 90, to the Officer-in-Chargs of his office or in the case of th'.'!Head of an Office, to the next superior Officer, and until the notice, sogiven is accepted by the appointing authority.
lSubstituted vide GS.R. 127 published an the Gazette ot India, Part TI, &""1:-tion 3, Su'b..Sect.ion (i) dated the 28th January 1967.
,.. _([) ...5
(2) The services of a permanent employee may be terminated on the~t:c:·lition of the permanent post 'held by him in a class or cadre. or reduc-tion in Lh~ number of posts in a class or cadre by the authority competentto make appointment to the post which the employe» h()10::: On givingilwee months' notice or pay in lieu thereof, provided that this power-shall be exercised where the appointing authoritv is nr-t the CentralGG-,-enunent or the Commissioner as the case may br-, ",-itl~~h(' approvalof the Central Government or the Commissioner,
(3) The services of a temporary employee nlay be t errninated,;.::.t;'od assigning any reason therefor, at any time after giving rum one;-:-,':::1:h'5 notice or pay plus allowances in lieu thereof by :h~ appointingauthority.
(,~} ':-'~c·t,\"::hstanding the prOVlSlOD5 of sub-regulations (1), (2) and(,3), the Services of 8...'"1Yemployee may be terminated by the appointing~c:ti:onty after giving one month's notice or pay plus allowances in Iieu:.;-:erecf OIl his being certified by a Medical Board to be permanentlyincapacitated for further service in the Organisation.
9. ' Pay, leave, pronident fund. and age of compulsorj, retirement.-i).) The scares of pay attached to the posts under ire Organisation shall~", ::i~O :-:"', ::)"ut in thr- First Schedule.
(2) Th(~,egulation5 relating to !he grant of leave, benefit of pension,:21;~ g:-atL:ity OI· contributory provident fund to the employees and the age8t which they shall be compulsorily retired from service. shall be as setout in the Fourth Schedule.
(3) The fixation of pay, grant of increments and connected matters \shall, in the case of an employee, be governed by the provisions contained \
\in tl!e Fundamental Rules and the Supplementary Rules, framed there- \under, ~;s applicable, from time to time, to employees of the CentralGoverncent, The initial pay of employees appointed on the recommenda-tions of the Commission will, however, be as recommended by theCommission.
(4) Notwithstanding the provisions of sub-regulation (3~
(a) the initial pay' of a Government servant, permanent ortemporary, .on first appointment in the Organisation on the -,.'recommendation of the Commission or otherwise shall not. ,be less than what would have been admissible to him if hewas appointed to a post in a similar scale of pay under theCentral Government ; - •
!
Ijt
which he is appointed ~n ~h~; ,Jrq.~t~~s(1·.i0nshall be countedfor purposes of increment :0 th;~cx:ier:~that such service iscounted for increment uncle,' th~ Central Government in suchcases provided that he is anpointcd in it:: Organisation with-out any break after ",ll\.:: t errnination of his servicr, under theCentral Government.
trayel1in? allowance ?~ld concesrions as ;r1~;=i-b::- 2d~is~~b\~ ;rorn t=.:::-:.etotime to corresnond 1n~ categories of Cen t ;-;11 (;'0-1/e}'TI!-:ncl1~ servants.
10. S1Lperanl71W1 ion be7?cfits.-All employees, o~~"2r than a Govern-merit servant 01"~11 crnployee (If a local arr' h::·~-;:-f:r-r ;: :~~~.ttltor:.i-organisationwho is on deputation to the Organisation s~',al! ~,~ ;,::;it~cd to S~('~1 superan-nuation benefits as the Organisation may, Irom tim« to t::ne. prescribe "..viththe approval of the Central Government.
11. 1[.. ,.; " • • •• *].12. Proteciirrr o! rioht s Cl'n·d p;-.1.:i~c.:·:.,: ('-'~?".tr~~i·-::':;·t·~!~.i7~f ~au) 01' G9T€'?-
mcnt.-·(l) Nothing in these regulations: sha'I op,,·!;"'"fc toemployee of any right 01" privilege to which he is enti+1l'd--
any
(a) ~or'2e.
OT
(b) by the terms of any agreement subsisting between such personand the Employees' Provident Fund Organisation.
13. '[* • •• *]..•. •• ..
14. 1[* •• .. .•. •• *l15. 1[. • ., .•. •• • .).
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17. 1[. .•. .. • • • "'l
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IDeleted vide G.S.R. No 1602 dated the 30th October. 1971. .:
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'0" CnndlLC: Of E7n.pioyees.--SubjecI to the -prOViS!OTI3 0: thesere s:.ll ations, th~ employees of the Organisation shall be subject mutatis;:c,:'~:I",:Ls ::0 a code of conduct similar to the one prescribed by theCentral Government for Central Government servants and the employees'associations shall be regulated by thc---Rules reg<1rdin.g 'Recognition ofc;';',vicc Associations of Central Governmenj employee; as may be laiddu'.vn b:,' i::c Central Go\,crl1:rne1'lt from time to time.
28. Plural Marriage.-No person who has more than one wifelii.·jng en: who having a spouse living, marries in any case in v:hich suchmarriage is void by reason of its taking place during the life t.ime ofsuch spouse, shall be eligible for appointment to the Organisation; and
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No women whose m?niage is void by reason of the husband having" \1.•r1£e living at the time of such marriage or who has married a person\'.'h() has 0. wife Iiving at the time of such marr iag>, shall be eligible forappointment to the Organisation.
Provided that the Central Government.or the Central ProvidentFund Commissioner may, if satisfied that there are special grounds for soordering, exempt any person from the operation of this regulation.
29_Certificate of Health and Character, Seniority, Medical Treatment,Record: of service and other conditions of sel'vice;-In respect of mattersrelating to appointments to 2post reserved for candidates belonging to theScheduled Castes/Scheduled Tribes Certificate of Health and Character,Seniority, Medical Treatment, Record of Service and other conditions ofservice for which no provlsion or insufficient provision has been made in
"Deleted vide G.S.R. No. Hi02 dated the 30th October; 1971 ..2Substituted yide G.S.R. 127 Published in the Gazette' of India, Part n
Section 3, Sub-section (i) dated the 17th January,:-1967. '
\
·i~·":.~cat.c:o:"y of Central Gn\-e~'!lJYt2n)" servants G~1all apply, subjr c; .1_:) ::~~(':!~
;:::-Qiflca;~~c:~.3f~~d. variations er exceptions if any, "as th::--. COTJ:mic:;s:nnpr :"':~:\J"
"":~~!1the a lJ~)~"::-~\-21of the CC" .tral Government by order from time ~() t~r:""!f'
Expla::;i.l:icn.-F'oT the purpose of these regulations, :·:;e Commis-sioner may, with the approval of the Centra! G:"J',-2:-::'::"Cl~~D:-,- ortier, specify the posts under the Organisation whichshall correspond to the posts under the Central Covern-;:::ent.
0:-~:--::'":1":.3ct'~:n.-(1) Notwithstandingt.-~(':~s~a Gover nment servant or
anything contained iJ1 thc::e R0g:u1a-an employee of a Iocal authorlty
or E\ statutory Ol-gar::sation taken on deputation by tho Organisation _may(';Isobe considered along with other employees, for confirmation a;,:)irsta pcrn ."!!er:.t ::'2St or for promotion, if such Government servant er ern-plc-~,~C'esatisf . s the provisions of these Regulations except the ;)rO'.isio!1;-.~~escrib!ngage Iimit
(:} ~~!~ seniorrty of such Government servants or enT:--:.lc,~~;-s'es ::'1 th:eO:-;:,_:r::s2.tic:1 in the posts to which they are appointed shall be: de:':e:-:,1inedr-., _" 7;'0 respective dates of their appointment in the Organisation CI:- Tank;::-,.he relevant selection list. as :he case may be; and the other conditionsof service in the Organisation shall be regulated by such terms :::ndcondi-~;:)'1S 0: deputation as may be agreed upon in each case, so long as theyremain on d=;mtation, and thereafter 'by these Regulations except thattl1e:'r previous service under a Government or a local authority or a statu-torv Organisation may count for pensionary benefits in the Organisationto the extent permissible or as may be agreed upon in each case.
31. Relaxation in exceptional c~es.-Where the Commissioner issat.isfie d that the operation of any regulation or provision in the matter oftho conditions ot" service of an empl<?x~~_~,?:usesundue hardship in anyp~rticular case, he ~a¥2 with the approval of the Central Government, byorder, dispense with or relax the requirement of that regulation or provi-sion to such extent and subject'to such conditions as may be considerednecessary for dealing with the case in a just and equitable manner. -.
32. Oath of allegiance to the Constitution of India.-Every employeeshall be required to take an oath or solemnly affirm his allegiance to theConstitution of India as by law established, at the time of his appointmentto the service of the Organisation.
- -.-.-'- -- .-.~---.--- ~-=-..: ~~-
33. Deciaratum. to be made by empioyees.-Every employee \.0 o;;~om
these regulations apply shall make the following declaration :
"I l12~·e~ydeclare that I have read zr:.<:i understood 1"" Er1'l)~o~:,:,:s'l:-ro-.;~c_~__:-~ l.~-:;":i:d (S~ai": 2.1:d Conditions or Service) ;-~c:galali.::.::;~ 19 /2. ~'_:_;".~1. !L:>21~::: S-~!Jscl~ibe and ag ree to be bound by th(..~ sa.d }=?eg;1;.2i·;..i~~:-~::..
; .... -,',-.,.;...r:css Employee
v ....,.
FIRST SCHEiJG.i...£
!Repealed vid~ G.S.R. No. 1602, dated the sou, Oet11971.
.£~-.:, "-'''':',
.~-,
-,
-,l0J
'SECOND SCHEDULB
N~.:.1~"f 110St No. ofposts
Clavslfica-lion
Scale of PllY\VhclhcI
ScIC'CtlOIlPost ornon.
Setecnou!\:,:'i
Ago for direct re-emit.•.•
Whether agoand educa-tional Quali-ficationprescribedfor directrecruits willrl!~..,Iv i" .1"
Educauonal :In<1other qualifrcations rl"-quirCd for direct recruits
case or'Promotees
fI, (2,; (3) (4, (5)._--_.__ .
I, A"7.~s~ar1t Pr,l"; i- S Ca'i'i [i R, :50-25-500·- Selectiond::ill. PU!1J C~Ul ~1):1- 3J-5QO-ER-mixsioner Ministerial 30-,8oo-EB-(Grade 10 830-35-900
Provident Fund.uspccior, Grade1)
50 Class IINon-Ministerial
n, 350-:~-500- Selecr.on30-590-EB-30-800
(6) (8) ,9j(7)
40 years and below Essential No.(Relaxable for Membership of the Institute of CharteredGovernment ser- Account .•ants or equivalentVauts and employees ORor the Provident (i) Degree ora recognised University or ,,'Fund Organisation) equivalent: and
(ii) about 4 years' expcriencc-c-la) In •responsible supervisory' capacity in Q
GOvernment or Semi-Government Orgaoj.sation or in a bank or in a Commercialfirm or standing
OR~
(b) a, 'he H, r. NI', (Qualification relaxableat Commission's discretion in case ofcandidates otherwise well qualified).
Desirable
(i) Knowicdge of COruP(lDY Law orLabour Laws, • .
(ii) Knowledge of Hindi or auy otb ,."Regtona) Language. - -
35 years and below Essential(Rol ax able forGovernment ser- Membership of the Institute of Charteredvarus and employees Accountants or equivalent.of the Provident ORFund Orgnnisation) (i) Degree of a recognised Unive rs ity or
equivalei t; 1 and
(ii) about j 'Years' experience-s-(a) in a res~nsiblc rsupervisory': capacityin a Govenynent or Semi-Govern- 'P.
ment OrJl3.Ilf."tiollor in a bank or ina Commercial finn of standing ;
1 OR(b) at tbe Bat:.(QuaJificatio~axable at Cc.nrnission'sdiscretion in of candidates otherwisewell qualifi ).
No.
~~' ..' '(iijKnowledRegional,
or any otherse,-:
ti>.i
I,
Period ofprobation,if any
Method of recruitmentwhether by directrecruitment or bypromotion or by de-
putarion/rransfer andpercentage of the~~canc~csto he.fill~
__ •••.• ,.,., 1o".:l,U' ..II",»
(10)
1n case of recruitment by rr~motionl.dcpuiation.uansfc: glr~t(:sIf'i'll', which
promotion/deputation tra nsfcr to bemade
Ha D.P.C ,,,,is".\\1~1 is il~ con.no.
sit ion
Ci rCI 'OI"'l:\n('.(..'S lnwhicl l.'.F.S.C is
(0 be consulted inmaking. recruin. em
2 Yt><.lTS
(11)
»<:
2 )~rs
50 Per cent promotion50pUcent Directrecruitment
SO per cent prcmotion.SO per cen IDirectrecruitment
p'
j--.i-...:.
(11)
Prornotir it
Superintendents headqu: mers ••vithyears' service In the gn U:!;;.
Promo Iton
Provident Fund Inspect- v, Grade 11v.itfl 3years' service in the ~rade,
/'
Class IT Dcnart-mental r rornotionComruinee
Class n Drr~rl.mental Pron.o.ronCorumi Ice,
!l3)
As required underthe rules.
A~ rcoutred vndcrtilt. rules.
\.
12 ®(r (4)
Ar.:.I:, unu ,()f(i<":<:1"
(2) (3)
Essenti.dR<35,)-25-50')-·W-590-[J;-·.1'J-~OO-ER-30-S30-35--9{) J
Selecuon
(5) (6) (7)
2 year,
(F)
.,'
(9) (10) (\3)._--.__ ._-- --- ---------------------_._-------40 ytarS and below(Rctuxnblc f•.JI"Govcnuncnr :-...:1'. Chartered \11 Eq;:::.kr •.:.J Accoutuant withvent •••afld cml'!oyC\.'~ about S :c.'1f"S' experience in Governmentl)J LP. F. Organi-;a. or Semi-Government Department.riou) Corporation •.ir Commercial firin of
vtunding .
(Oualification ..' relaxable at ":lm~l1i5:~ioD·.;discretion in case (If candidates (Ilh..:•.·
wise well quahfied),
Dcslrablc
(i) D~~O': vf a recognised Uuiversiry(It equivalent.
(il") Ki~na.·h.:<.Ig~of 1 (~tI,"U.i~ Rules In-vesuuenr Schemes ;Jnd Ijon~rnm~1llfina.ncial ar:G :1C(.A)Il11:-;ng rules.
{iii~ \\urkj!l~: J.::IQwlodgc of Hicdf. :0-'
,,_.__ ._----_._- _. ----_._--_._-----_._---_._-------_. ---,,---_._-------_.
=.
.:...-F.~
<'
51 Cl",,; uGazcucdXou-Muuvtcrra!
0(
!,A:ll::ndt:'c vide G,':;,H.. ?~.j.
~ .•..~•..•'1'<-.,--,~..•--r-'t\
."-
NO.
d~lt('J
Ry nrou-otion failingwhich by transfer on ~denutatiou ~U1dfaiiil1l,!both by din ..'Ct rcci uit-r;.cot.
(11) (12)
Promotion Ci:,.", l!Dc:jX:~'Oll'!1!l~1Pro-
n-otio.. <.. (.ID ,11 ia('.:Superintendents and Provident hJ la Ins-rect, IfS (Grade 11)y, ill: S years' SI :rvit.'t:in tl il'! respective grad, s and who havep~,\.:d the prescribed Dcpal1nitJ It:.l I'rovi-Jan: rLi\c! AiX:O•••nts ~:":r\'iC(' l.;o,:.tJ.:u;.:II .•n
Transfer on dellt tation
Officers ::.( tht: r:.mk l.)1S,A.S. 1).CCCh:!W':I.l\'tilh 5 years' service us such. fn,f,l:any of the or,,·,a.n!l'cd Accoums D<.-panments, e.g., Indian Audit andAccounts Department, Indian DefenceACCOW1ts Department, Indian F..:..ii''-;:lYAccounts Department, etc.
(Pario<l of dcputali,on-ordinlfjjy ootexceed iog 3 years).
As required undcthe Union Public
Service Cum-I'l.;~~il~n(Fxcmpr.o:f:vm Ccnsu'ta-!'tllll PI,'l';;:::'Hun~,;\}:::~,
._------_._--------------_.
" .
r-j!
1THIRD SCHEDULE
[Recruitment Rules for all posts falling under regulation 5(4)], i
" 1. The qualifications prescribed for the posts in the Organisationshall be as laid down in the Appendix to this Schedule. l[The prescribedqualifications will not, however, apply when members of the Staff em-ployed in the Organisation are promoted to higher posts in the Organisation,provided that persons promoted on the basis of seniority or on the basisof merit should have put in at least three years' service in the post fromwhich promotion is made].
\ ,.,,-
IrI!
22. Appointment to the following posts shall be made as providedfor hereunder :-
Serial-~< No.
Post Mode of appointment.
31 Head Clerk (Internal Audit.· By transfer of suitable Head Clerksserving in the Regional Offices failing
Central Office) which--
(a) by direct recruitment, or
(b) by promotion of U.D.Cs. having3 years' experience of accounts and!or internal 'audit work in the Re-gional and/or Central Officesres-pectively
42· Peons/Malies and Chowkidars Direct recruitmentin the Headquarters Office .and Regional Offices .' . . :."
13
Post Next lower grade from which promotionis to he made
5. Upper DivisionClerks (Head-quarters and Re-gional Offices) .'
11. Superintendent(HeadquartersOffice)
50% Promotion of Assistants, Junior TechnicalAssistants and Stengraphers (Senior) in theHeadquarters Office.
Promotion of employees serving in theHeadquarters and Regional Offices on thebasis of competitive examination (part Iof the Acccunts Service Examin ition) inthe manner indicated below ;-2[* * * ,~ * *]1. Head Clerks (Re-
gional Offices)
: lAmended vide G.S.R. 78'/ i dated~,1pth May, :1970 '.;./;: 20mitted vide G.S.R. NQ. 14~!.qat~,th~7th· January. 197~~
:j
'I Subject to theirI possessing threeI years' experienceI and not exceed-I ing the age limit! of 45 years onI the 1st day of\,. the financial
year in whichthe examinatioIiis held.
III ,':;:;1J
SerialNo.
(!uota -to be
reservedfor
. depart-'mental
'1 Subject to tl1eir:t.::"-'possessing ten
! years' experience .-"I and not exceed- .;EI ing the age limit 'r'
6. Stenographers I .of 45 'years on f(.':. ':-'!;. :. '. ,/::.~. ': :-"i!.;i.·:.:,:.;~:~~~~~~a~~_; f' ::!;!~il~~rJf..J~'
:L" ....\. -«:•• ~.i;-:·.':":'·.'..".~··:•.I>:ir~.~onal.Offices);,,~·:-yl year in.which . ' ..~, . '~ t " -'.. .: ", ~ , . i:.· the exaination >" ".:~C
. ., I. 7. Lower Division' " \ is held. -:. :'1}. Clerks including
. " . .,. Steno-typists, ,Tele- " .f".' -. ·-;·~,t· ': ". s- ' •• :' phone and 1elex \- ..... ~
.",' " ": " .>-.' .'.;l'-,"Operators c" -.'j .s ".,. : -. - - , ~'- .:~~.;"-,
promo-tion
50%
2. Stenographers(Senior) (Head-quarters and Re-gional Offices)
3. Assistants (Head-quarters Office)
;---.
4. Junior TechnicalAssistants (Head-quarters Office)
/li::)V
Provided that in exceptional cases the prescribed age limit of 45years may be relaxed by 'not more than 2 years with prior approyal,oftheCentral Provident Fund Commissioner.
Provided further that if adequate number of candidates do notbecome available on the results of the examination. the vacancies shall be
t i
11l1t:u ~.Y J~j:c:ctrecruitment.
15
Provided also that the employees of the Organisation who have beenor are declared qualified in the Part I of the Accounts Service Examina-tion held before the commencement of the Employees' Provident Fund(Staff and Conditions of Service) (Amendment) Regulations, 1970, shallbe eligible. for promotion.
Promotion of 'Head Clerks serving in therespective regions on the basis of senioritysubject to the rejection of unfit ..Promotion of employees serving in the Head-quarters and Regional Offices on the basisof a competitive examination (part I of theAccounts Service Examination) in themanner indicated below :-1. H.ead Clerks (,Re- .. ·.1f Subject ~otheir
gional Offices) ", 'f possessing three( !_ yeats'experi-2. Stenographers (Sen- I enceandnot
ior) (Headquarters exceeding age'and Regional Offices) } limit of 45 years
I on the Ist day3. Assistants (Head- I of the financial
quarters Office) year in which .4. Junior Technical I the examina-
Assistants (Head- I, tion is held.quarters Office) J
,5. Upper Division " I Subject to their .. , . Clerks (Head-·. ( ',' -I possessing ten: 'r : '-', .
':quarters and ne- I years~ experience \'gional Of!ices) ,,~d not exceed- .....' , "
, mg the age- .. ,-':- , ..~ ~.6. Stenographers' ;, .'-_I.:_Jimit of 45 ,:.:~'. ,-,;'<,: (Junior) (Head- ," F~~'yearS' on ' the' .'. , ;.. quarters and Re-, "I· :"Ist day of the:' ". :/,
.gioaal Offices) , I financial year :...-. I in which the
7. Lower Division 1 examination is '"Clerks (including . \ held , .Steno-typists, Tele- , Jphone and 'T'J.'O'••••ex I 0:. '-,,'..... . .~:,:.~~j
-""'lAm-'--e-n-Cd:-e-:d'--Vl-:-'d::-.--::G::-,-:::S-:;,R::-.-:::-78;:-;7~d;-a--;l-ed~1~6;-;-tl;-~-,~~r-;-~o-:;~=70~-:-·,,-.'-"-~J<--c;-=-~....;.,.-....:.';-J';1';;-~~"
'1)0<1..o'--C:o0-0 Q 0~ Q .,..4._~~.eoo&c;!S;:l <1) 0. 00' L-~ ~.
12 Provident-=F""u-n-d7Yl-tls-----;-SO~~pectors (Grade II)
oZ Post
50%
" (j1i
I!I1f1 .
,'1' .
I~'r\I~II
I~!
-.~.::: '.
-"... L :' ~"t: ... ~ ,;. .....1..,;._;.:I::. ~'.: ;-0'; ':'~.' " .. ;. '".
-.-:!.....
.i .• '._j ~ <.~("i." ".. "- "., . , •...
\
\.' '/ '..::.:" I"' t~·/ ~ r '.
.'.-'~.<,
____ J-,
Next lower grade from which promotionis to be made
..'
./
,-','
• ',~ !
'I.
16
Provided that in exceptional 'cases the prescribed age limit of 4;.years may be relaxed by not more than 2 years with prior approval of theCentral Provident Fund Commissioner.
Provided further that if adequate number of candidates ido notbecome available -on the result~'of the examination the vacancies shall be
'-"
filled by direct recruitment.Provided also that the employees of the Organisation who have been
or are declared qualified in the Part I of 'the Accounts Service Examina-tion held before the commencement of the Employees' Provident Fund(Staff and Conditions of Service) (Amendment) Regulations, 1970, shall beeligible for promotion.
Quotato bereservedfor
depart-mentalpromo-tion
Next lower grade from which promotionis to be made
SerialNo.
Post
100% Promotion of employees<serving in the, Headquarters and Regional Offices who., possess the qualifications and experience i
. prescribed against Serial No. 3 in Appendixto -the Third Schedule failing which bydirect recruitment.
275 % Promotion of Upper Division Clerks and.Stenographers (Junior), serving in the Head- .quarters Office on the basisof seniority
: '. subject to the rejection of'.unfit. .~.225 %- -c • Promotion of .- employees.:serving in- the 0
• Headquarters, and Regional Offices on thebasis of a competitive examination restrict-ed ·to those who have rendered not lessthan five years' service as.Lower Division' -. Clerks including Stena-typists,. Telephone '.,
',.: ; '. or Telex Operators or three years' service ; .." .. ><. ::, as Upper Division Clerks including Steno-. '~;: o·. '. ; , .' . ;;:.. ': -.; ... graphers (Junior) "and .who are.not more 't~~;,·
" .. : ., ." : . . ,.\f,_.~:.j; t-:' •. than;;,40 years of, age. on....the)~t d~y<?r:;;.~;;~~4.' •• ,.':: < • 0 :.;-.,.,;~, (4::;';·,..i-::;;' -: Januiry of the year in which -the,.ex~inina;;:,:;:;'~~'l~_.~
.-.'';''i·_·.. ..~. ,: .'".'''.' :': ~:;:"0"', {~;'t, ,~,:~:·:v,tion:Js.held,failing which by: direct rCcruit-:.:~.i;.(;\~', .., ~.~.'~.~ ·"~~\;:::~;~~-';~~~·;~:!{~j4·..~~::~!J~~:~~·~~'.' ment. "': -: ': . '"._, .. :; , "~~~:~...: -: .. -... .J~:,,~.j.~;::,-;::>"~'"~4: .~..a~adClerks,(Rc:' ~.?:,~~!~;j?5.%)::Promotion of Upper", Division :c:Ierk(an~.Z;f.~A;j~;~t'.,--'- ';, ,gIOI~at.offices) .:;~';,,~:;_:,>,n:StCJ?ographers (Juruor)serv.mgm the res-X;~~:""'..'·. . '\;' L,:~.::; ·;-,:..':;_t::;~:,:;-::-;';wpeCtive·:regioiis·:·on·~thebasis ·.ofsen.\orityo;,,;:'~~
.. ; ''':.;'\' -'.~~",: ,. .' ;';A{i-\(' ;·(:<·subjectto the rejection of the unfit." " ",'-.'··:::3~)i:Y', .. _: •.J: .., -: :,~,; "·:~'i:'f.,.,,;25% .Promotionvof employees serving .in the , <~,r;.::·.
'.,<"y, i~ .; r',; ;\~ ",:':'. t<'/': J \' ;;;~· • .i'".He3:dqulirtersandA~·egional~ffi;::es"·.on .~be.·3;~'~.r\1". " .... .,'.>' ,·:·~"",,~·",,/~;.;:'''''~''~~~i,~pasls,ofa,compehbveexam!pati9nrestrict- '{:'t., .,~: -:-:"~Amen~ed' vi~~~G.Sjt11~;~·:"d~i~d,r.i~t~May, 1970 ' -- ',.' v "
\\'<;:. >'·~2}1~erided}id~G.S.R.-1155,'~?~~td'the 7th August, 1971. •.----- : \ . ~.:.:- .'\
12-A Junior Technical .'Assistant (Head-quarters)
Assistants (Head-quarters Office)
. - ~ 'z-
'; -',
. ,
25% ed to those who have rendered not lessthan 5 years' service as lower DivisionClerks including Stenotypists, Telephone orTelex Operators or three years' serviceas Upper Division Clerks including Steno-
. \ graphers (Junior) and who are not morethan 40 years of age on the 1st day of
. January of the year in which the exanmina-tion is held, failing which by directrecruitment.
100% Stenographers (Junior) in the CentralOffice who possess the prescribed qualifi-cations failing which by direct recruitment.
100% Lower Division Clerks including Stenotypists, Telephone or Telex Operatorswho possess the prescribed qualificationsubject to their coming out successful in acompetitive test with the speed prescribedagainst S. No. 8 in Appendix to the ThirdSchedule, in .Stenography and typingfailing the above method th'e posts shall be ""~
•• • • , • v ; filled by direct recruitment. ~27· Upper Division --'. ]5% -Promotion of Lower Division Clerks in the
Clerks (Head- ". ::, :. .. Headquarter Office on the basis ofquarfers .office), . ,.) ,',. " '.vseniority subject to j the rejection of
., ... : ,;, -+f;·;·'·· .unfit.. 25~-;; '.Promotion of Lower Division Clerks of
. Headquarters Office on the result of a".... , competitive examination restricted ,.to •
. ',. :>" existing Lower Division Clerks m the.~ -Headquarters .
18 '-Upper Division 850% Promotion of Lower Division Clerks in-,"', ,Clerks:(Regionat", 'l r • ~. eluding. Steno-typists, Telephone or Telex., .;~,O.ffi~)i·/!;:;~:5:U;,'- . ~.:. Operators in Regional Office on a re-<!.,' '1.'- ;.'~~t-'5:}'"p'" ..:=: ~., gionalbasisonthebasisofseniority·subject...•.. .' ..... t: \~P;,.:,~.-,.,':f:-~,; '.'.~!,:i I .••. to: the, rejection of the unfit,":
.- .: ~~;}.
. .••~j:.!li;WJ:i::."'-1;,-1::,:'k:.<~:t;:".f..: "';!J'7.;;;;.u-;.\> ...or,Telex"Operatorsiof the' Region.: ,._"•.-..:.... ' ...•.--,,...•,::<.'" ,;'. r-. i.:'.;<~:~:i'~~l~~~~~;:yi~:::·~.~;~7:'l~7·~~.~u:~'~;'6i~1,~~~:1197~.";<:j;:;-~,:~\),.I :-.1:;: '-',. .'; J(~:~A;.;:,it~~tt~t~ri~,:~.:
, ~,,·~Amended ,.Vlde!~G.S.R. ,.592"dated.",the;. 31st ::March,.,,1964i. Published :m.·,.tlie'"f<\\'~'~~:"<,,, ••:.• -,
',';'.'~azetteof India;;P~i: 1I,':;Secti~;3, -Sub-sectionatj.vdated- the 11th'Apri1,..:196!:':rj;1'tG·':~fl~~\''- ';: ',3Substituteli Yiqe:;Q ..S.R.::{~~"':88·}da~d.'}.the)8thlJanuazy:1912.:'-'-,)'-"y,<::.':v,~,::,:;:,·:-l;~t<~.•· .'. ,'. .' \ .... f "~~'{'~:'/: ,.;' "-'. \ ~,. ' '.. ' .... . ~ ", '. ....•. . :./ ',;~. .
-~. ".l~) ;
- 17
SerialNo.
Post
Quotato be
reservedfor de-part-mentalpromo-tion '
Next lower grade from which promotion isto be made
,;,..
Stenographer(Senior) (Head-quarters Office) ,Stenographer(Junior) (Hcad-quarers andRegional Offices)
18._-- -------_ - ---- _._----_._._---._-------------
SerialNo.
Quota ·Next lower grade from which promotionto be is to be madereseved
fordepart-mcnal
prDJl10-
tion
. post
---_._-_.
100% ~ Lower Division Clerks sub iect to theirlj uaiiiying in a competitive ~test In steno-graphy and typing conducted with thestandards hid down against S. No. 8-Ain Appendix to the Third Schedule, failingwhich by direct recruitment.
lSB Telephone or TelexOperator
lCO% . Lower Division Clerks possessing therequisite qualifications for the posts subjectto their selection in a prescribed test con-ducted with the standard laid down againstS. No. S-B in Appendix to the ThirdSchedule, failing which by direct recruit-ment.
19 Lower DivisionClerks (lkad·quarters and Re-gional Offices)
2Promotion of Class IV employees servingin the respective offices on the result of acompetitive examination in GeneralEnglish, Arithmetic and the Manuals onthe working of the Act and the Scheme,restricted to Class IV employees whopossess the qualifications prescribed forthe post of Lower Division Clerk andhave completed 2 years' service in theOrganisation on the l st day of Januaryof the vear in which the examination isheld ; J
"":~.' Provided 'that Class IV employees notpossessing the qualifications referred toabove shall also be entitled to promotionthrough the said examination if they havecompleted five years' service:
Provided furthe~ that if any or all of thevacancies falling in the promotion quotaof 35% referred to above cannot be filledin an office in a year because of want ofsufficient number of successful candidates,
lA:nended vide G.S.R. 787 d3~ed 16tli May, 1970·
2Substituted vide G.S.R. No. 88 dated the 8th January, 1972.
-- ~.'- . '---.
19
Post ~.;\:"\t .owcr grade from which promotionis if. be made
SerialNo.
Quota10 t:ITS~\~d
fordepart-mentalprorno-tion
112 Daftry in :fead-quarters Office
1 j 3 Daftry in RegionalOffices
such vacancv or vacancies as the casemav be. shail he filled bv direct recruitmcnt ;~s in the case of the residual65r)/ vacancies.
iOll;;' i);!':i'ry in Headquarters Office in the orderof seniority subject to proficiency ofhandling the Gestetner Machine.
1OO~~ Dafiry jil Regional Offices in the orderof seniority subject to proficiency ofhandling the Gesietner Machine.
!()O:;,~ Peons in Headquarters Office.
110 Gesteiner Operator(HeadquartersOffice)
III Gestetncr Operator(Regional Offices)
lOO~,~ Pcons in Regional Offices.
------_._------------------------------- -------------Noie.--·fhe requirement 01 50 per cent prescribed against serial No. 1
Superintendent (Headquar-ters Office) and S. H<:->. ;<--l\ssi:;t.C1nts (HeadquartersOffice) shall have effect :from the Lsr February, 1965. The requirement of 50per cent prescribed against S. DC'. 2 Provident Fund Inspectors {Grade II} shallhave effect from t~e 1S1October, 1963. The requirement of 50 per cent prescrib-ed for promotion to the post of Head Clerk (Prior to its amendment by para 3(ii) (b) of notification G.S.R. 592 dated the 31st March, 1964 published on page654-655 of the Gazette of India Part IJ Section :l, Sun-section (D dated the 11thApril, 19(4) shall have effect for the period from the 1st May, 1953 to the 10thApril, 1964 ~nd the requirement of 75 per cent prescribed by the aforesaid amen-ding notification shall have effect from the date of its publication in theGazette namely the 11th April. 1964.
"4. The constitution of the Departmental Promotion - Committeeshall be laid 001,',')]. by the Central Corornisioner or the Regional Commis-sioner for tl1f: posts for which they are the appointing authority from'"time to time.
5. The age limits for the fol1owing posts forwill be as follows: --.1. ~Sllperintendent
direct recruitment
Stenographer, Steno-typist, Telephone or TelexOperator and all Class IV posts
18 (Minimum) and3S (Maximum)18 (Minimum) and30 (Maximum)18 (Minimum) and21 (Maximum)18 ~Mi!limum) and25 (Maximum)
3.
Provident Fund Inspector Grade H, Head Clerk "I(Regional Offices), Technical Assistant, Assistant J
Upper Division Clerks and Lower Division Clerks
2.
lAmplified renumbered vide G.S.R. 592 dated the 31st March, 1964published in the Gazette CJI India, Part IT, Section 3, Sub-section (i) dated thelth April, 1964.
2Substituted vide G.S.R. 127 published in the Gazette of India, Part IT, Sec-tion 3, Sub-section (i) daied the 28th January, 1967.
·Amended vide G.S.R. 787 dated the 16th May, 1970.
Concessions in the matter of age-limit at present available underthe Central Government rules to candidates belonging to the ScheduledCastes/Scheduled Tribes wi ll be allowed. "[There is no age limit for staffPl11p!oyecl in th'::' Organisation on the date of i;;SLlC of the notification ofthe 10th May. 1962. "Unless specifically provided in any recruitment bypromotion, th('rc is also no age limit tor promotion of staff to higherposts and Ior appointment by transfer at employees of Government andStatutory Organisations. The Central Provident Fund Commissionermay relax the age limit, for reasons to be recorded in writing in respectof appointments to all posts except those for which the Central Govern-ment is the appointing authority. The Central Government may relaxthe age limit fr.r reasons to be recorded in writing, in respect of allappointments for which the Central Government is the appointingauthority.].
6. Transfer of staff f'rom one region to another region and fromRegional Offices to Headquarters' office and vice-versa in similar posts canbe made with the approval of the Central Provident Fund Commissioner.Necessary travelling allowance and :oining time should be allowed onsuch a transfer except when any transfer j" allowed on the request of anindividual. On each such ,1'211sfe1',seniority, pay etr., will remain the sameas in the post held before transfer.
s-:
Persons employed in Government offices or Statutory Organisationmay also be taken on transfer but when any person is taken on transferon deputation on 'foreign service' terms, approval of the Central GOvern-ment to the temls of his denutation should be obtained before appoint-ment :;provid"d that no appointment to the post of Lower Division Clerkshall be made on transfer basis.
--- ----------- --------lSubstituted vide Notification, G.S.R. 1483 dated the 5th September, lSS3
published in the (Gazette of Inr1;a-P,nt H. Section ~~,Sub-section (i) dated the14th September, 1963.
2Amended vide G.S.R. 787 uated the 16th May, 1970.3Substituted vide G.S.R. 337 published in the Gazette of India, Part IT,
Section 3, Sub-section (i): dated the 11th March, 1967.
Serial Category of postsNo_
Superintendent (Head-quarters Office)
@APPENDIX
21
Minimum education and other qualifications
Graduate with at least three years' experience ofoffice work in a post of a rank correspondingto an Assistant in a Government Of ice or in aStatutory Organisation.
2 Provident Fund Inspectors Essential:(Grade 11)
12A Head Clerk in RegionalOffices -
23 Technical Assistant(Headquarters Office)
4 Assistants
l(i) Degree of a recognised University or cqur-valent.
(ii) About 2 years' experience in a responsiblesupervisory capacity in Government orSemi-Government Oraanistion or in aBank or in a Commercial firm of standing.
OR
About 2 years' experience at the Bar. [Qualif'ica-tions relaxable at discretion of tne appointingauthority in case (If candidates otherwise wellqualified).
Desirable:
(i) Knowledge of Company Law/Labour Laws,
(ii) Knowledge of Hindi and/or the Regionallanguage of the Region to which the postpertains.
Graduates with three years- experience of officework.
Law Graduates other than those who haveenrolled themselves as Advocates shouldpossess at least two years' experience in aGovernment Office, Undertaking or reputedfirms where legal work has been handled by thecandidates.
Graduates with at least three years' experiencein Government Offices or reputed privatefirms. -
lSubstitutcd vide G_S_R N.o_ }824, dated the 22nd November, lU66.:!Am~mlcd vide G.S.R 787 dated the 16th May, 1970_
_ _'_ •••._ r ~' ~._,_~ __•• _.-..,::....:;.. 'Y" •• ,.... ••.--, __ • _ .~_ !' • '." .•• ~._
22--------- -- ---- ~.------------------- -- - -----
SerialNo.
Category of posts Minimum education and other qualifications
5 Upper Division Clerks Intermediate/Senior C(1mbridgejHigher Second-ary certificate or equiva lcnt qualifications.
6 Lower Division Clerks IMatriculation or equivalent qualif'icatioris untilreplaced by Higher S'econdary Certificates.
(Any person appointed to the post of LowerDivision Clerk sh"n p('ilhrr 1::'? sanctionedIncrement nor shall cc confirmed in the srade
. b
until he acqum;~;1 speed of 30 words perminute in typewritiug) .
27 Stenogra pher (Senior) (a) Matriculation or equivalent qualifications.e-
(b) Speed of ]20 words per minute in short-handand 50 words per minute in typing.
28 Stenographer (Junior) (a) Matriculation or equivalent qualifications.
(b) Speed of lOO words per minute in short-handand 40 words per minute in typing.
38A Steno-typist (a) Matriculation Or equivalent qcalifications.
(b) Speed of 80 y,·:::rc1s.per minute in short-handand 40 words per minute in typewriting.
38B Telephone or TelexOperator
(a) Matriculation or equivalent qualifications.
(b) In the case of Telephone Operator, thecandidate should be able to operate a fiftylines PBX with four junctions and in the caseof Telex Operator, he should be able tohandle efficiently a Telex Machine.
19 Class LV Staff other iiian Middle School StandardMali, Chowkidar, Frashand Sweeper -.. <
•110 Mali Experience in gardening work.
Ij I Chowkidar Experience in watch and ward work.
112 Frash{Sweeper
lSubstituted vide G.S.R. No. 1824 dated the 22nd November, 1966.:.!SubGtituted vide G.S.R. 896 dated the 2nd June, 1966.3Amended vide G.S.R. 787 dated the 16th May, 1970.
."
11.I~
itt-
.", i____._. .. ::;=:=~~.~_:.-~ ..:__:__..:;.,~~~~~ ..•.j.~;~-;..~~~~~~.""""'=~.~_~ ""'-~_._~ __ ••..I__ ~. __ ._ ._. __ •• __ . __ ~_. __ ~..-.-i.
23
FOURTH SCHEDULE
[See Regulation 9(2)]
The conditions of service of employees in the matter of leave,gratuity; provident fund and age of compulsory retirement shall be asspecified against the relevant entry below :-
,Leave.-Revised Leave Rules, 1933 as may be applicable to the
corresponding category of Central Government servants fromtime to time.
Provident Fund.-Employees' Provident Fund Organisation (StaffContributory Provident Fund) Regulations, 1960.
ORPension and other superannuation benefits in acordance with a
Scheme to be prepared on the lines of the liberalised pension-cum-gratuity Scheme as applicable to corresponding CentralGovernment employees from time to time.
Ag.e oj compulsory retirement.-As may be prescribed from time, totime, by the Central Government in respect of correspondingcategory of Central Government servants, in rule 56 of theFundamental Rules.
FIFTH SCHEDULE1[* * -* * * *]
SIXTH SCHEDULEI
.jt,'; 1[* 0« * * *]
ii
:!~"'~~-:I/iti->;",:I'-~"Oi,
il11
IDeleted vide G$.R. No. 1602 dated the 30th October, 1971.
t-
\\t!\\
I
\\\ r
I>'
\
.24
ITHE EMPLOYEES' PROVIDENT FUND ORGANISATION(COMMISSIONERS) RECRUITMENT RULES, 1966
[As amended up to 30th September, 1972]
1. Short title and commen.cement.-(l) These rules may be calledthe Employees' Provident Fund Organisation {Commissioners) Recruit-ment Rules, 1966.
(2) These rules shall come into force on the date of their publica-tion in the Official Gazette.
2. Application.- These rules shall apply for recruitment to the .posts as specified in column 1 of the Schedule annexed hereto.
3. Number, classification and scale of pay.-The number of posts,their classification and the scale of pay attached thereto shall be asspecified in 'columns 2 to 4 of the said Schedule.
4. Method of recruitment, age limit and other qualifications.-Themethod of recruitment, age limit, qualifications and other matters con-nected therewith shall be as specified in columns 5 to 13 of the Scheduleaforesaid.
5. Disqualification.-(a) No person, who has more than one wifeliving Or who, having a SPOUSeliving, marries in any case in which suchmarriage is void by reason of its taking place during the life-time of suchspouse shall be eligible for appointment to the post; and
(b) no woman, whose marriage is void by reason of the husbandhaving a wife living at the time of such marriage or who has married aperson who has a wife living at the time of such marriage shall be eligi-ble for appointment to the post:
Provided that the Central Government may, if it is satisfied thatthere are special grounds for So ordering, exempt any person from theoperation of this rule.
26. Power to relax.-Where the Central Government is of theopinion that it is necessary Or expedient so to do, it may, by orders, forreasons to be recorded in writing, and in consultation with the UnionPublic Service Commission, relax any of the provisions of these ruleswith respect to any class Or category of persons or posts.
II
(\
IPublished in Part 1[, Section 3(i) of the Gazette of India dated the...... August, 1966, vide Notilcation No. G.S.R. 1283.
2G.S.R. 219, dated .the. 9th February, 1967.
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SCHEDULE
Recruitment Rules for the posts of Commissioners under the Employees' Provident FundOrganization in tbe Ministry of La bour, Employment and Rehabilitation
Name of postNo.ofposts
Whetherselectionpost ornon-selectionpost
Educational andother qualificationsrequired fordirect recruits
Classifi- Scale of Paycation
Agelimit fordirectrecruits
(1) (7)(2) (4) (5)(3) (6)
*2. Regional Provi- 2 Class Ident Fund Com-missioners (SpecialGrade)
*3. Deputy Provident 3 Class IFund Commis-sioner and Re-gional ProvidentFund Commis-sioners (Grade I)
*4. Regional Provi-dent Fund Com-missioners (GradeII)
1.. Central ProvidentFund Commis-sioner J
-4-A. RegionalProvident FundCommissioners(Grade HI) andDeputy RegionalProvident FundCommissioners
.•5. Regional Provi-dent Fund Com- .missioners (GradeIV) and AssistantProvident FundCommissioners(Grade 1) (Head-quarters andRegional Offices)
Rs
Class I 1,800-100-2,000
Not appli- Not appli- Not applicablecable cable
1,300-60- Selection Ditto1,600
Ditto
1,100-50- Selection Ditto1,400
Ditto
4 Class I 900-40- Selection Ditto1,100-50/2-],250
Ditto
7 Class I 700-40-J ,100-50/2-1,150
Selection Ditto Ditto
19 Class INon-
ministerial
400--25-450-30-600-35-670-EB-35-950
Selection 40 yearsand below.[Relax-able forGovern-mentservantsand em-ployeesof theProvident'Fund·Organisa-tion]
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Name of post No. Classifica- Scale of Payof tionposts
Whetherselectionpost ornon-selectionpost
Agelimit for·directrecruits
Educational andother qualificationsrequired for directrecruits
(I) (2) (3) (4) (5) (6) (7)
5. Essential:.;:
Membership of theInstitute of Charter-ed Accountant orequivalent.OR
(i) Degree of a reco-gnised Universityor equivalent, and
(ii) About 5 years'experience-..
(a) in a responsiblesupervisory capacityin a Government orSemi-GovernmentOrganisation or ina bank or in aCommercial firm ofstanding
OR(b) at the Bar.(Qualifications re-laxble at Com-mission's discretionin case of candidatesotherwise well-qualified)
Desirable
"Inserted/substituted :
Vide G.S.R.1529, dated 30th September, 1967,
G.S.R. 807, dated 18th May, 1971, and
G.S.R , dated 28th March, 1972.
(i) Knowledge ofCompany Law orLabour Laws.
(ii) Knowldege ofHindi 'or any otherregional language.I
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Whether ageand educa-tional quali-ficationsprescribedfor the directrecruits willapply in thecase ofprornotees
Period ofprobationif any
!fa D.P.C. exists,what isits com-position
Circumstancesin which U.P:S.C. is to be con-sulted in makingrecruitment.
Method of re-cruitment ..whether bydirect recruit-ment or bydeputation/trans-fer and percent- -age of the vacan-cies to be filledby variousmethods
In case of recruitment bypromot ion/deputation/transfer, grades fromwhich promotion/depu-tation/transfer to bemade
(8) (9) (to) (11) (12) (13)
I. Not appJi- Not app- By transfer on Transfer on deputation: Not appli- As requiredcable licable deputation. cable under the rules.
Suitable Officers belong-ing to LA.S. and CentralServices, Class I. JPeriodof deputation, or inarily,not exceeding 5 years).
Promotion:
.(. Ditto 2 years By promotion Deputy Provident Fund Class I, AS requiredfailing which Commissioner and Re- D.P.e. under theby transfer on gional Provident Fund Union Publicdeputation. Commissioners (Grade I) Service Com-
with 3 years' service in missionthe grade. (ExemptionTransfer on deputation: from Consulta-
tion) Regula-Suitable Officers belong- tions, 1958.ing to I.A.S. and Central/State Civil Services-Class I. [Period of depu-ration, ordinarily, notexceeding 3 years].
Promotion:
.. Ditto 2 years BY promotion Regional Provident Fund Class I. Dittofailing which Commissioners (Grade D.P.C.by transfer on Il) with 3 years' servicedeputation. in the grade.
Transfer on deputation:Suitable Officers belong-ing to I.A.S. and Central!State Services-Class I.(Period of deputation.ordinarily. not exceeding3 years).
Promotion:
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I. Ditto Regional Provident FundCommissioners (GradeIll) with 3 years' servicein the grade.Transfer on deputation:
Suitable Officers belong-ing to I.A.S. and Central!State Civil Services-Class I).(period of deputationordinarily, not exceeding3 years).
DittoClass I.D.P.C.
2 years BY promotionfailing whichby transfer ondapjjtation,
I
2'8 @Whether age Period of Method of re- In case of recruitment by HaD.P.C. Circumstancesand educa- probation, cruitrnent, promotion/deputation/ exists, in which U.P.S·tional quali- ifany whether by transfer, grades from what is C. is to be con-fications direct.recr uit- which promouon/depu- its COIll- suited in makingprescribed ment or by tation/transfer to be position recruitment.for the direct deputation/trans- maderecruits will fer and percent-apply in the age of the vacan-case of des to be filledp romotees by various
methods
--~--(8) (9) (10) (11) (12) (13)
4A. Not appli- 2yearscable
Promotion: Class ID.P.C.
As requiredunder the UnionPublic ServiceCommission(Exemptionfrom Consulta-tion) Regula-tions, 1958.
By promotionfailing whichby transfer ondeputation.
Regional Provident FundCommissioners (GradeIV) and Assistant Provi-dent Fund Commissioners(Grade 1) (Headquartersand Regional) with 3years' service in thegrade.
Transfer on deputation:
Suitable Officers fromCentral/State CivilServices-Class J.[Period of deputation,ordinarily, not exceed ing3 years].
1I
III
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II
50% Promotion500{ Direct re-cruitment.
2 years Class II-D.P.C.
As requiredunder the rules.
Promotion:5_ No.
(i) Assistant ProvidentFund Commissioners(Grade lI);
(ii) Provident Fund Ins-pectors (Grade 1);
(iii) Accounts Officers(with 2 years' service inthe grade).
l[The selection ofofficers for promotionshall be made fromamongst the three gradesof Assistant ProvidentFund Commissioner(Grade II), AccountsOfficer and ProvidentFund Inspector (GradeI) by rotational principle,
III·11I;
1971.1Jnserted vicle Government's notif ication No. 18(29)/69-PF-I, dated the 1st November,
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,,'Method '", of ,direcnritrnen t ,
whether - '.~:-by"dlreet recruit-ment or. by_d<;putatIQol' - -and transfer,percentage of"
.the:vacanciestofilled by y;irio~s .'
.rnethods ". -
In 'casd of rec: uitrrient by' If apromotion/dePutation D.P.C.transfer grades from exists.'which promotion/depu- what istation/transfer to be its corn-made ' .position
--Whetber age.and educa-·tional quaIL period officatlons probationprescribed if anyfor the direct .recrui ts willapply incase ofpromotees
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Circumstancesin which U.P.S.·C. is to be con-sulted in makine
recruitment.
(13)'''-'~-~
(8) (9) (10) (11) (12).\
; ;1 in the following man-ner, namely :-
Point-Grade to which'QUo/fed.
(1) Assistant Provident•• r= Fund Commissioner
(Grade II)-
(2) Provident Fund Ins-
Ipector (Grade I)
(3) Accounts OfficerI
I (4) Provident Fund Inspec-J tor (Grade I) .
I 1 /(5): Accounts OfficerI II (6) Provident Fund Ins-
pector (Grade I)
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/(7) Accounts Officer
(8) Provident .Ftind Ins-
I! . pector (Grade I)I
I (9) Accounts OfficerI I (10) Provi~t F~nd Ins-I
I pector (Grade I)
! 01) Accounts Officer,iI
- and so,.!:)nI ' .~.J ;;~b [If atany time an Officer";-•.... ; .: belonging to a particular
grade is not consideredJ' 1:,: -:l!'0'({ ":~ .;I,~~.~)-.,-1' -' sui~£\blefor promotion, .
selection may be madefromother grades. ]
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[As' amended up to 30th September, 1972]
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ITHE -EMPLOYEES' PROVIDENT FUND ORGANISATION(FINANCIAL ADVISER AND CHIEF· ACCOUNTS
OFFICER) RECRUITMENT RULES, 1972
1. Short title and commencement.-(l) These rules may be calledthe Employees' Provident Fund Organisation (Financial Adviser and ChiefAccounts Officer) Recruitment Rules, 1972.
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(2) They shall come into force on the date of their publication inthe Official Gazette.
2. Application.-These rules shall apply for recruitment to thepost specified in column 1 of the Schedule annexed hereto.
3. Number, classification and scale oJ pay.-The number of thesaid post, its classification and the scale of pay attached thereto shall beas specified in columns 2 to 4 of the said Schedule.
5. Disqualification.-No person-
4. Method of recruitment, age limit, qualifications etc.-Themethod of recruitment to the said post, age limit, qualifications andother matters connected therewith shall be as specified in columns 5 to13 of the Schedule aforesaid.
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(a) who has entered into or contracted a marriage with a personhaving a spouse living, Or
(Ib.) who, having a spouse living, has entered into or contracted'a marriage with any perscn,
shall be eligible for appointment to the said post.
Provided that the Central Government may, if satisfied that suchmarriage is permissible under the personal law applicable to suchperson and the other party to the marriage and there are other groundsfor so doing, exempt any person from the operation of this rule. '.
J
.~.6. Power to relaX.-Where the· Central Government is of the
opinion that it is necessary or expedient so to do, it may, by orders, forreasons to be recorded in writing, and in consultation with the UnionPublic Service Commission, relax any of the provisions of these ruleswith respect to any class Or category of persons.
--------:.~------- ..--.----IPublished in Part IT, Section 3(i) of the Gazette of Tndia, dated the
... , 1972 vide Notification No. G.S.l} .. "
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SCHEDULE
Recrnl(ment Rules for the post (If Finnnci:lllldvi~e./' and Cl!e! ACCOU/lts Officer under HlC Eli1pJ{)~(C'6' Fr{)lje).o;t Fund Org~misa(j()nIn Minis(J'~ of Labonr tllld Rehabilitation
Name of post Classifi-cation
WhetherSelectionpost ornon-selec-tion post
Age fordirectrecruits
No. ofposts
Sca1c of pay
Educational Whetherand other age andqualifica- educationaltions re- qualif'ica-quired for tjons pres-direct cribed forrecruits direct
recruitswill applyin thecase ofPrornotees
Period ofprobation,if any
Method ofrecruitment,whetherby directrecruitment
or bypromo·tion or bydeputation!transferand per,centage ofthe vacan-cies to befilled byvariousmethods
In case of recruit-ment by promotion/deputation/transfer,grades from whichprornotion/depu-
tatiou/transfer tobe made
---_.(I, (2) (3) (4) (5) (6) (7) (8)
-..-Financial Adviser 1 Class I Rs 1,3C(-6<'-' No! appli- Nctl'fpli- No.! appli- Not appli-and Chief .1,600-100- cable cable cable cableAccounts 1,800Officer--
(9) (10) (11 )
Ha D.P.C.exists, whatis its compo-
sition
Circumstancesin which-
U.P.S,C. is tobe consultedin making re-crultmeot.
(12) (13)------------------Not appli-cable
By transferon deputa-tion
Transfer on deputa-tlon.c-SuitableOfficers belongingto Indian Auditand AccountsService, IndianDefence AccountsService, IndianRailway AccountsService and Posts-and TelegraphsAccounts Servicewith at least 12YP.';tr~·Class IService.(period of depu-tation-ordinarilynot exceeding fouryears)
Not applkahJe As requiredunder theUnionPub1icService Corn-mission (Ex.emption fromConsultation)Regulations,1958.
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ssITHE E:MPLOYEE8' PROVIDENT FUND ST,AFF (CLASSIFICATION,
CO~TROL AND APPEAL) RULES, 1971.
[As amended up to 30th September, 1972], -
1. Short; title and commencement.-(l) These rules may beealled the Employees' Provident Fund Staff (Classification, Controland Appeal) Rules, 1971.
(2) They shall come into force on the date of their publicationin the Official Gazette.
PART I-GE:t\"TERAL)
.2. Dejinitio12s;-.In these rules, unless the ~nte~ otherwiserequires->
(a) 'Act' means the Employees' Provident Funds Act, 1952 (19of 1H52);
\(b) 'appointing authority' in relation to an employee' means-
(i) the authority empowered to make appointments to thegrade in which the employee is fOr the time beingincluded, or
(ii) the authority empowered to make appointment to the postwhich the employee for the time being holds, or
(ill) the authority which appointed the employee to such gradeor post, as the case may be;
whichever is the highest authority;
(c) 'Central Board' means the Board of Trustees constituted undersection 5A of the Act;
(d) 'Cnairman' means Chairman of the Central Board;
(e) 'Commission' means the Union Public Service Commis-sion;
(f) 'Commissioner' means the Central Provident Fund Com-missioner or a Deputy Provident Fund Commissioner
lPublisheeld in Part II, .section 3(1) of the Gazette of India dated the videnotification no, G.S.R. 1602 30th .October, 1971.
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Or a Regional Provident Fund Commissioner appointedunder sub-section (1) or sub-section (2) of section 5D ofthe Act;
(g) 'disciplinary authority' means the authority competent undertheSe rules to impose on an employee any of the penalties
" specified in rule 7 ;
(h) 'employee' means every person, other than a Commissioner,. appointed to a post under the Central Board including Cl.
person whose services are temporarily placed at the dis-posal. of a Company, Corporation, a local authority or anOffice or Department of the Central Government or that ofa State Government on foreign service or deputationterms;
(i) 'Government' means the Central Government;
(j) 'post' means a post under the Central Board;
(k) All other words and expressions used hereinafter but notdefined. herein shall have the meanings assigned to themin the relevant rules applicable to the correspondingclasses of Central Government servants.
3, AppIication,-(l) Except as otherwise provided in s\lb-rule (2),these rules shall apply to every employee of the Central Board.
,.-- .. -
(2) Nothing in these rules shall apply to-
(i) any person in casual employment;
(ii) any' person, subject to discharge from service on less thanone month's notice;
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(iii) any P?rson for whom special provision is made, in respectof' matters covered by these rules, by Or under an agree-ment entered' into by or with the previous approval of the·Central Government before or after the commencementof these rules, in regard to matters covered by such specialprovisions;
(3) Notwithstanding anything contained in sub-rule (I), the CentralProvident Fund Commissioner may with the approval of the CentralGovernment put. subject to report to the Central Board, by order, excludeany class of employees from the operation of all or any of these' rules., .
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(4) If any doubt arises whether these rules or any of them applyto any person, the matter shall be referred to the Central Provident FundCommissioner, who shall decide the same.
PART !I-CLASSIFICATION
4. Classification of posts.-The posts under the Central Board otherthan those ordinarily held by persons to whom these rules do not apply'Shall be classified as follows :
(i) Class I (Non-Ministerial);
(ii) Class IT (Non-Ministerial);(Hi) Class III and (Ministerial);(iv) Class IV (Non-Ministerial).
PART Ill-APPOINTING AUTHORITY5. (1) All appointments to posts carrying a scale of pay having
as its maximum Rs. 500/- or more shall be made by the Central Govern-ment.
(2) Appointments to posts, other than those specified in sub-rule(1), shall be made by the authorities to whom the powers to make suchappointments have been/may be delegated by the Central Board or theCommissioner as the cass may be.
PART IV-SUSPFJN8JION
,;
6. (1) The appointing authority or any authority to which itis subordinate or the disciplinary or any other authority empowered inthat behalf by the Central Board, with the approval of the Government,may place an employee under suspension-
(a) where a disciplinary proceedings against him is contemp-lated or is pending, or
(b) where a case against him in respect of any criminal offenceis under investigation, inquiry o-r trial;
Provided that where the order of suspension is made by anauthority lower than the appointing authority, such authority shallforthwith -report to the appointing authority the circumstances in whichthe order was made.
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(2) An employee shall be deemed to have been placed undersuspension by an order of appointing authority-
(a) with effect from the date of his detention, if he is detainedin custody, whether on a criminal charge or otherwisefor a period exceeding forty-eight hours,
(b) With effect from the date of his conviction, if, in the eventOf a .conviction for an offence, he is sentenced to a term
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of imprisonment exceeding forty-eight hours, andforthwith dismissed or removed or compulsorilyconsequent to such conviction.
Explanation :-The period of d'Qrty-eight hours referred to in clause (b) of thissub-rule shall be computed from the commencement of the imprisonment afterthe conviction and for this purpose, intermittent periods of 'imprispnment,if any, shall be taken into account.
(3) Where a penalty of dismissal, removal or compulsory retire-ment from service imposed upon an employee under suspension is setaside in appeal Or on review under these rules and the case is remittedfor further inquiry or action or with any other directions, the order ofhis suspension shall be deemed to have continued in force on and fromthe daJte of the original order of dismissal, removal or compulsoryretirement and shall remain in force until further orders.
(4) Where a penalty of dismissal, removal Or compulsory retire-ment from service imposed upon an employee is set aside or declaredOr rendered void in consequence of or by a decision of a court of lawand the disciplinary authority, on a consideration of the circumstancesof the case, decides to hold a further inquiry against him on the allega-tions on which the penalty of dismissal, removal or compulsory retire-ment was originally imposed, the employee shall be deemed to have beenplaced under suspension by the appointing authority from the date ofthe original order of dismissal, removal or compulsory retirement andshall continue to remain under suspension until further. orders.
(5) (a) An order of suspension made or deemed to have been madeunder this rule shall continue to remain in force until it is modified Orrevoked by the authority competent to· do so.
(b) Where an employee is suspended or is deemed to have beensuspended, (whether in connection with any disciplinary proceedingsor otherwise), and any other: disciplinary proceeding is commencedagainst him during the continuance of that suspension, the authoritycompetent to place him under suspension may, for reasons to berecorded by him in writing, direct that the employee shall continueto be under suspension until the termination of all or any of suchproceedings.
(c) An order of suspension made or deemed to have been madeunder this rule may at any time be modified or revoked by the authoritywhich made or is deemed to have made the order or by any authorityto which that authority is subordinate.
PART V-PENALTIES AND DISCIPLINARY AUTHORITY
35
is notretired
7. Penalties.-The following penalties may, for good and suffi-cient reasons and as hereinafter provided, be imposed on an employee,namely :- .
Minor Penaities ~"(i) Censure;
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(ii) Withholding of his promotion;(iii) Recovery from his pay of the whole of part of any pecuniary
loss caused by him to the Central Board jby negligenceOr breach of order;
(iv) Withholding of increments of pay with or without cumu-. lative effect.
Majo?" penalties :(v) reduction to a lower stage in the time scale of pay for a
specified period, with further directions as to whether ornot the employee will earn increments of pay duringthe period of such reduction and whether on the expiry ofsuch period, the reduction will' or will not have theeffect off postponing the future increments of his pay;
(vi) reduction to a lower time-scale of pay, grade or post whichshall ordinarily be a bar to the promotion of the em-ployee to the time scale of pay, grade or post from which.he was reduced, with or without further directions regard-ing conditions of the restoration to that grade Or postfrom which the employee was reduced .and his seniorityand pay on such restoration to that grade or post;
(vii) compulsory retirement;(viii) removal from service which shall not be a disqualification
for future employment under the Central Board;(ix) dismissal frQ.'11 service which shall ordinarily be a dis-
qualification for future employment under the CentralBoard.
Explanation :-The following shall not amount to a penalty within the meaningof this rule, namely :-
(i) withholding of increments of pay of an employee for .his failure topass any departrnenta] examination in accordance with the rulesor orders governing the post which he holds or the terms of hisappointment ;
(H) stoppage of an employee at the efficiency bar in the time-scale ofpay on the ground 0: his unfitness to cross the bar ;
(iii) non-promotion of an employee, whether in a substantive or officiat-ing capacity, after consideration of his case, to a grade or post 'forpromotion to which he is eligible;
(iv) reversion of an employee officiating in a higher grade or post to alower grade or post, on the ground that he is considered unsuita-ble for such higher grade or post or on any administrative' groundunconnected with his conduct ; .
(v) .reversion of an employee, appointed on probation to any other gradeor. post, to his permanent grade or' post during or 'at the end ofthe period of probation in accordance with the terms of hisappointment or the rules and orders governing or the rules andorders governing such. probation ;
(vi) replacement of the services of an employee 'whose service had beenborrowed from an outside authority-Governmental .statutory,autonomous, etc., at the disposal or such authority ; .
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(vii) compulsory retirement of an employee in accordance with the pro-visions relating to his superannuation' or retirement ;
(viii) termination of the service s-(a) of an employee appointed on probation, during or at the end of
the period of his probation, in accordance with the terms ofhis appointment or the rUles and orders governing such probation;
(b) of temporary employee in accordance with the provisions of sub-regulation (3) of regulation 8 of the Employees' Provident Fund.(Staff and Conditions of Service) Regulations, 1962; or
(c) of an employee, employed under an agreement in accordance withthe terms of such agreement.
8. _Disciplinary Authorities.-(1) The Government may imposeany of the penalties specified in rule 7 on an employee.
(2) Without prejudice to the provisions of sub-rule (1) but subjectto the provisions of sub-rule (3), any of the penalties specified in rule7 may be imposed on any employee by the appointing authority or theauthority empowered in this behalf by the Central Board with theapproval of the Government.
(3) Notwithstanding anything contained in this rule, no penaltyspecified in clauses (v) to (ix) of rule 7 shall be imposed by an authoritylower than the appointing authority.Expla.nation.-Where an employee holding a lower post is promoted, whether on
probation or temporarily, to a higher post, 'he shall be deemedfor the purpose of this rule as holder of the higher post.
9. Authority to institute proceedings.-(l) The Central Govern-ment may-
(a) institute disciplinary proceedings against any employee;(b) direct disciplinary authority to institute disciplinary pro-
ceedings against any employee ori whom that disciplinaryauthority is competent to impose under these rules anyof the penalties specified in rule 7.
disciplinary proceed-it is the appointing
(2) The appointing authority may instituteings against an employee in respect of whomauthority.
(3) Without prejudice to the generality "of theprovlslOns of sub-rule (2), a disciplinary authority competent under these rules to imposeany of the penalties specified in clauses (i) to (iv) of rule 7 may insti-tui~ disciplinary proceedings against an employee" for imposition ofany of the penalties specified in clauses (v) to (ix) of rule 7 notwith-standing that such disciplinary authority is not competent under thoserules to impose any of the latter penalties. .
PART VI-PROCEDURE FOR IMPOSING PENALTIES10. Procedure for imposing major penalties.-No order imposing
any of, the penalties specified in clauses .(v) to (ix) of, rule 7 shall bemade except after an inquiry held, as far as ~may be, in the mannerprovided in this rule and rule 11.)~
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. (2) Wherever the disciplinary authority is of the opinion matthere are grounds for inquiring into the truth of any imputation ofmisconduct Or misbehaviour against an employee, it may itself inquireinto or· appoint under this rule an authority to inquire into the truththereof ..
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Explanation :-Where the disciplinary authority itself holds the inquiry, any re-ference in sub-rule (7) to sub-rule (20) and in sub-rule(22) to the inquiring authority shall be construed as a
, reference to the disciplinary authority.
(3) Where it is proposed to hold an inquiry against an employeeunder this rule and rule 11, the disciplinary authority shall draw up orcause to be drawn up..:-
(i) the substance of the imputations of misconduct or misbe-haviour into definite and distinct articles of charge;
(ii) a 'statement of the imputations of misconduct or misbe-haviour in support ofieach article of charge, which shallcontain-
(a) a statement of all relevant facts including any admissionOr confession made by the employee;
(b) a list of documents by which, and a list of witnesses bywhom, the articles of charge are proposed to be sustained.
(4)".•The disciplinary authority shall deliver or cause to be deli-vered to the employee 'a copy of the articles of charge, the statement ofthe imputations of misconduct or misbehaviour and a list of documentsand witnesses by which each article of charges is proposed to be sus-tained and shall require the employee to submit within such time as,may be specified, a written statement of his defence and to statewhether he desire, to be heard in person .
(5) . (a) O~ receipt of the written statement of defence, the discip-linary authority may itself inquire into such of the articles of chargeas are not admitted, or, if it considers it necessary so to do, appointunder sub-rule (2) an inquiring authority for the purpose, and whereall .the articles of charge 'have been admitted by the. employee in hiswritten statement of defence, the disciplinary authority shall record itsfindings 'on each charge after taking such evidence as it may think fitand s,ha11act in the 'manner laid-down in rule 11. '
(Jj).If' no written statement of defence is su1imrtted'by, tlieemployee, the disciplinary authority may itself inquire int~'tlie"articlesof charge or may, if it .considers it necessary to do so, appoint, undersub-rule (2) an inquiring anthor-ity for the purpose.
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~ 39
(c) Where the disciplinary author~ itself inquires into anyarticle of chaTgeor appoints an inquiring anthortty for holding aninquiry into, such charge, it may, by an-order, 'appoint an employee ora legal practitioner, to be known as the "Presenting Officer" to' presenton its behalf the caso in support of the article of charge.
(6) The disciplinary authority shall, where it is nO',! the i.nqA,idngauthority, forward to the inqU:ir~g authority-
(i) a copy of the arficles iof charge and the .statement of theimputations of misconduct or misbehaviour;
(ii) a COpyof the written statement of .defenc~jf any, submittedby the employee; -
(iii) a COpyof the statements of witnesses, if any, referred toin sub-rule (3);·
(v) aC0PY of the order .appointingthe "Presenting .Officer".
(iv) evidence proving the delivery vof the documents referredto in sub-rule {30 to the 'ernpl'Oyee;'and
(g) The emploY,€e shalfappear.in per,sonbe:fo.r~ the inquiringauthority on such day and at .such ~€ within 'ten. working days, fromthe date of receipt by him of the articles of -c,har-ge and the statementof the imputations 01 misconduct .or .mlsbehavionr, as the inquiringauthority may, by a netics in writing, specify in this behalf, or withinsuch further time, not exceeding ten days, as the inquirjng authoritymay allow.
(8) The ~mptoy'ee may take the assistance of any other employeeto present the .cass-.onhis behalf, ,but may not ..engage .a .Iegzlpsactitionerfor the purpose unless the Presenting Qfficer appointed by ;th~d.iscipli-nary a.u:thodiy is .a legal' ,practitioner ,Gir. the diseiplinarp ;authorit,y,having r.egard to' the circumstances -of the.case, .56' permits,
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(9) If the employee who has not admitted any of the articles of;charge in his writ,fjen:statemen.tof ckfefice {or kas R(}t -siibmttted anywriltt-en :s-tat-em~t~of iQefence,:appea'rs ·be£o:re'the "IDquiring .aut~rity ~sutlhauthority shall ask him whether -he is guilty ;or ,has ;~my>de'fep1ceto' makeand if. pleads guilty to any of the articles of charge, the inquiring autho-;r41Y'~all ,:necordithe ipl'rea;~ign thelreCo.vd, mrd obtam 'the signature' of the'$'lIJ1G;1'ee ,thenelln:. .
1'11J)
40(10) The 'inquiii,ng authority shall
'respect of those articles of charge toguilty ..
return a finding of . guilt inwhich the employee pleads
4Ij
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,(11) Tha fnquiring authority shall, if the employee fails to appearwithin the specified time Or refuses Or omits to plead, require thePresenting Officer to produce the evidence by which he proposes top~ove the articles of charge, and shall adjourn the case' to a later datenot exceeding thirty days, after recording an order that the employeemay, for the' purpose of preparing his defence-
(i) inspect within five days of the order or within such furthertime not exceeding five days as the inquiring authoritymay allow, the documents specified in the list referredto in sub-rule (3);
(ii) submit. a list of witnesses to be examined on his behalf.
Note :-:Jf:fheemp'loyee applies orally or in writing for the supply of copiesofthe statements of witnesses mentioned in the list referred to in sub-rule (3); the inquiring authority shalf furnish him with such copiesas early as possible and in any case not later than three days beforethe commencement'of the examination of the witnesses on behalf ofthe disciplinary authority.
i
I
(Hi) give a notice within ten days of the order or within such-further time' - not exceeding ten days as the inquiringauthority may allow, for the discovery or production ofany documents which are in the possession of CentralBoard but 'not, mentioned hi the list referred to in-sub-ruls (3)~
Note :-The employeeshall indicate the relevance of the documentsrequired byhim t;obe discoveredor produced by the Central Board.
(12} The inquiring authority shall, on receipt of the notice for diediscovery or production of documents, forward the same .or copiesthereof to the authrity in whose custody or possession the documentsare kept, with a requisltion for the production of the documents bysuch date as may De specified in such requisition:
Provided that ,the inquiring authority may, for reasons to be re-'corded 'by it in ,writirig; refuse to requisition such of the documents 'asare, in ~ts()pini?n~.not relevant to the case., . ,.. : ~,.'" '
(13) On receipt 'Of the' requisition referred to in sub-rule (i2)every authority having th~. custody ..or possession of. the requisitioneddocuments shall produce the same before the inquiring authority;
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Provided that if the authority having the custody or possessionof the requisitioned documents is satisfied far reasons to be recordedby it in-writing that the production of all or any of such documentswould be against public interest it shall inform the inquring autho-rity accordingly and the inquiring authority shall, on being so informed,communicate the information to the employee and withdraw the re-quisition made. by it .for the production or discovery ·of such documents.,
(14) On the date fixed for the inquiry, the oral and documentary~ evidence by which the articles of charge are 'proposed to be proved
shall be produced by or on behalf of the disciplinary authority. Thewitnesses shall be examined by Or on behalf of the Presenting, Officerand may be cross-examined by or on behalf of the employee. ThePresenting Officer shall be entitled to re-examine the witnesses on anypoints on which they have been cross-examined, but .not on' any newmatter, without the leave of the inquiring authority. The inquiringauthority may also put such question to the witnesses as it thinks fit.
(15) If it shall appear necessary before the close of the case onbehalf of the disciplinary authority, the inquiring authority may, inits 'discretion, allow the Presenting Officer to' produce evidence notincluded in the list given to the employee Or may itself call for newevidence or re-call and re-examine any witness and in such case theemployee shall be entitled to have, if he demands it, a copy of the listof further evidence proposed to be produced and an adjournment of theinquiry for three clear days before the production of such newevidence, exclusive of the day of adjournment and the day to whichthe inquiry is adjourned. The inqUIrIng authority, shall give, the,employee an opportunity of inspecting suchd<?cuments before theyare taken on the record. The inquiring authority may also allow theemployee to produce new evidence, if it is of the opinion' that the pro-duction of such evidence is necessary in the interests of justice.
Ii !-" )
I
1-
I'1'ote:-New evidence shall not be pennitted or called ;:or nor an;y witness recal-led to fill up any gap in the evidence. Such evidence may be called foronly when there is inherent lacuna or defect in the evidence which hasbeen produced originally.-,(16) When the case for the discipllnary authority is closed; the
employee shall be required to state his defence orally or in writing, .'ash~ may prefer. If the defence is made orally, it shail be recorded' andthe employee shall be required to sign the record: In "either case, acopy of the statement of defenc- shallbe given' to the PresentingOfficer, if any, apPointed.-"<
(17) The evidence on ,behalf Of the employee shall th~n :b~ 'pro": 'duced., The employee may examine hlmselj' in 'his own behalf if ne -50"
41
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(19) The inquiring authority may, after the completion of theproduction oi' evidence, hear the Presenting Officer, if any, appointed,and the employee or permit them to file written briefs of their 'res-pective case, if they so desire.
42
prefers: The witnesses produced by the employee shall then be examinedand' shall be liable. to cross-examination, re-examination and examinationby the _inquiring authority according, to .the provisions applicable to thewitnesses fOr disciplinary authority.
II
(IS) The inquii-ing authority may, after the employee closes hiscase, and shall, if the employee has not examined himself, generallyquestion him on the circumstances appearing against him in the evi-.dence for the purpose of enabling the employee to explain any circum-stances appearing in evidence against mm.
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(20) If the employee to whom a copy of the articles of chargehas been delivered, does not submit the written statement of defenceon or before the date specified for the purpose or does not appear inperson before the inquiring authority Or otherwise fails' or refuses tocomply with the provisions of this rule, the inquiring authority mayhold' the inquiry ex-parte.
:,I
IIIII
II
f21'} (a', Where a disciplinary authority competent to- imposeany of the penalties specified in clauses (i) 'to (iv) of rule 7 [but notcernpeterrt to impose any of the penalties specified in clauses (v) to(bt)' Of pule 1], has itself inquired into or caused to be inquired into thearticles of any. charge and that authority, having regard to its ownfinuings or having regard to Its decision on any of the findings of' artyirtquirihg authority appointed by it, is· of the opinion that the penaltiesspecified irr clauses (v) to (ix) of rule 7 should be imposed on theemployee; that authority shall forward the records of the inquiry to suchdisciplinary authority as is competent to impose the last mentionedp~n(f1Hes_
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(b) The disciplinary authority to which the records are so for-w-ard€.dmay act on the· evidence- on ths-record or may, if it is of. theo.pin.i@a;that further examiftation of any of the witnesses is necessaryin. the mterest of justice, recasl the witness. and examine, cross-examine and re-examine the witness and may impose on the employeesu& penaity as. it may deem fit in accordancs, with these rules.
l-·v.r:
(22) Whenever any inquiring authority, after having heard andrecorded the' whole Or any. part of the' eeidenes .in arr inquiry ceases toe-xer.aise·~i(:tiQ.n thereiny. and is- succeeded. -by .a1'l.other·, inquiring.
!
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ProVicled that if the succeeding inquiring authority is of theopinion that further examination of any of the witnesses whose evi-dence has already been recorded is necessary in the interest of justice,it may recall, examine, cross-examine and re-examine any such witnessesas, hereinbefore provided. .
':... ...._ ..... - --'(fj 43
authority which has, and which exercises, such jurisdiction, the inquiringauthority so succeeding may act on the evidence so recorded by itspredecessor, or partily recorded by its predecessor and pairtly recordedby itself :
(23) (i) After the conclusion of the inquiry, a report shall beprepared and it shall contain-
.'
(d) the findings on each article of charge and the reasons there-for.
I.
(a) the articles of charge and the statement of the imputationsof misconduct or misbehaviour;
(b) the defence of the employee in respect of each article ofcharge;
(c) an assessment of the evidence in .respect of each article ofcharge;
Provided that the findings on such article of charge shall notbe recorded unless the employee has either admitted thefacts on which such article of charge is based or has hada reasonable opportunity of defending himself againstsuch article of charge.
III·I
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Explanation: -If in the opimon o'f the inquiring authority, the proceedings ofthe inquiry establish aniy article Cif charge different from the ori-ginal articles dI the charge, it may record its . findings on sucharticle of charge:
(ii) The inquiring authority, where it is not itself the disciplinaryauthority, shall forward to the disciplinary authority the records of in-quiry which shall include-
(a) the report prepared by it under clause (i);(b) the written statement of defence, if any, submitted by the
employee;
(c) the oral and documentary .evidence produced in the courseof the inquiry: ,".
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(d) written briefs, if any, filed by the Presenting Officer or theemployee or both during the course of inquiry;' and.- - -. - .- --' .. ----.
(e) the orders, if any, made by the disciplinary authority andthe inquir~ng aut?ority in' regard to t~e _inquiry.
11. Action on the inquiry report :-(1) The disciplinary autho-rity, if it is not itself the inquiring authority may, for reasons rtobe re-corded by it in writing, remit the case to the inquiring authority forfurther inquiry and report and the inquiring authority shall thereuponproceed to hold the further inquiry according to the provisions of therule 10 as far as may be.
(2) The disciplinary authority shall, if it disagrees with the find-ings of the inquiring authority on the article of charge, record itsreasons for such disagreement and record its own findings on suchcharge, if the evidence on record is sufficient for the purpose.
(3) If the disciplinary authority having .regard to its findings onall or any of the articles of charge- is of the opinion that any of the penal-ties specified in claus.es (i) to (iv) of rule 7 should be imposed on theemployee, it shall, notwithstanding anything contained in rule 12,make an order imposing such penality;
Provided that in every case where it is necessary to consult theCommission, the record of the inquiry shall be forwarded by the disci-'plinary authority to the Commission for its advice and such advice shall•be , taken. into consideration before making any order imposing anypenalty on the employee.
, '. (4) (i) If the disciplinary authority having regard to its fiindingson all .or ai:ly of the articles of charge; is of -the:opinion that any of. thepenalities specified in clauses (v) to (ix) of rule 7 should be imposed onthit employee, it shall-
(a) furnish to the employee a copy of the report of the inquiryheld by it and its findings on each article of charge, or,where the inquiry has been held by an inquiring autho-rity, appointed by it, a' copy of the report of such autho-rity and a statement of its findings on each. article ofcharge together with brief reasons for its disagreement,'if any, with the findings of the inquiring authority;
(b) give the employee a notice stating. the penalty proposed to-be iinpased :cin him and calling upon him to submit with-in fifteen days of receipt of the notice or such further
1.1
45
time not exceeding fifteen days, as may be allowed, such-representation as he may wish to make On the proposedpenalty on the basis of the evidence adduced during theinquiry held under rule 10;
(Ii). (a) In every case in which it is necessary to consult the Com-mission the record of the inquiry, together with a COpy of the noticegiven under clause (i) and the representation made in pursuance of suchnotice, if any, shall be forwarded by the disciplinary authority to theCommission for its advice;
(b) the disciplinary authority shall after considering the repre-sentation, if any, made by the employee, and the advice given by theCommission, determine what penalty, if any, should be imposed on theemployee and make such order 'as it may deem fit;
\~
(b) holding an inquiry in the(3) to (23) of rule 10, innary authority is of the,necessary;
manner laid-down in sub-rulesevery cass in which the discipli-opinion that such inquiry is
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(iii) Where it is not necessary to consult the Commission the dis-ciplinary authority shall consider the representation, if any, made bythe employee in pursuance of the notiCe given to him under clause (l)and determine what penalty, if any, should be imposed on him andmake such order as it may deem fit.
12, Procedure for impOSing minor penalties-(l) Subject to theprovisions of sub-rule (3) of rule 11, no order imposing on an employeeany, of the penalties specified in clauses (i) to (iv) of rule 7 shall bemade except after :- '
(a) informing the employee in writing of the proposal to 1lClikeaction against him arid of the imputations of misconductor misbehaviour on which it is proposed to be taken, andgiving' him a reasonable opportunity of making such repre-sentation as he may wish to make against the proposalc "
)
(c) taking the representation, if any, submitted by the emplo-yee under clause (a) and the record of inquiry, if any,held under clause (b) into consideration;
'(d) recordinga fiip.ding'on each imputatlon of misconduct or mls-- 'behaviour; and t; , ':,:' '
, - , ,
(e) consulting the Commfssicn 'wbeie such' cerrsultation is neces-sary:
(2) The record of the proceedings in such cases shall include:-
(i) a COPyof the intimation to the employee of the proposal totake action 'against him;
(ii) a copy of· the statement of imputations of misconduct -ormisbehaviour delivered to him;
(iii) his representation, if any;
(dv) the evidence produced during the inquiry;
(v) the advice of the Commission, if any,
(vi) the findings on each imputation of misconduct or' mis-behaviour; and
rI
(vii) the orders on the case together with the reasons ther-efor.
13. Communication of orders.s-Orders made by the disciplinaryauthority shall be communicated to the employee who shall also besupplied with a copy of the repm·t, of . the inquiry, if any, held by thedisciplinary authority and a copy of its findings ·on 'each article :Ofcharge, or, where the disciplinary authority is not the inquiring authoritya copy of the report of the inquiring authority and a statement of thefindings of the disciplinary authority together with brief reasons forits disagreement, if any. with the findings of the inquiring authority(unless .they have already .been supplied to him ) and also a copy of theadvice, if any, .given by the Commission, and, whese the disciplinaryauthority, has not accepted the advice of the Commission a brief state-ment df the reasons for such non-acceptance,
14. Common proC;eedings.-(l) Whene '~wo or more employeesare concerned in any case,' the Government 'or 'any .other authoritycompetent to impose the penalty of dismissal from service on all suchemployees, may, make .an order directing that disciplinary "action againstaB .of them may be taken in a common proceeding. '
Note:-If the authorities competent to impose the penalty' of dlsmissal on such, employees are different, an o;rder Jor,takin.g disclpllnary action in a
. , comitnm ,.prO'ceetiiiig~m:ay"bemade .by the highest Cif. such authoritiei. with the consent of the others, " .-rv' -
41(2) Subject to the provisions of rule 8, any such order shall speci-
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(i) the authority which may function as the disciplinary autho-. rity for the purpoSe of such common proceeding;
(ii) the penalties specified ill rule 7 which such disciplinaryauthority shall be competent to impose;
(iii) whether. the procedure laid-down in rule 10 and rule 11 orrule 12 shall be followed in the proceeding.
15. Special procedure in certain cases.-Notwithstanding any-thing contained in rule 10 to rule 14 :-
(i) where any penalty is imposed on an employee on the groundof conduct which has led to his conviction on a criminalcharge, or
(ii) where the disciplinary authority is satisfied for reasons tobe recorded by it in writing that it is not reasonablypracticable to hold an inquiry in the manner provided inthese rules, Or
(ill) where' the Government Or the Central Provident FundCommissioner is satisfied that in the interest of thesecurity of the State, it is not expedient to hold any in-quiry in the manner provided in these rules, the discipli-nary authority may consider the circumstances of the caseand make such orders thereon as it deems fit:
Provided that the Commission shall be consulted, where suchconsultation is necessary, before any orders are made inany case under this rule.
16. Provisions regarding employees lent to other Organisationsetc.-(l) Where the services of an employee are lent on deputation oron foreign service terms to a, Department of the Central Or StateGovernment Or an Organisation or. Public undertaking (hereinafter inthis rule referred to as the' borrowing authority); the borrowing autho-rity shall have the powers of the appointing authority for the purposeof placing such employee under' suspension. and of the disciplinaryauthority for the purpose .of conducting a disciplinary proceeding'.a~nst him;
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Provided that the borrowing authority shall forthwith informthe authority which lent the services of the employee (hereinafter inthis rule referred to as the lending authority) of the circumstances lead-ing to the order of suspension of such employee or the commencementof the disciplinary _proceeding, as the case may be.
(2) In the light of the findings in the disciplinary proceeding con-ducted against the employee.-
(i) if the borrowing authority is of the opuuon that any of thepenalties specified in clauses (i) to (iv) of rule 7 should beimposed on the employee, it may, after consultation with-the lending authority, make such orders on the case asit deems necessary:
(Ii) If the borrowingauthortty -ispf the opinion that any dfthe penalties specified in clauses (v) to (ix) of rule 7should be imposed on the -employee, it -shall replace hisservices at the disposal of the lending authority andtransmit to it the proceedings of :the inquiry and there-upon the lending: authority may;' if it is the disciplinaryauthority, pass such orders thereon as it may deem. nece-ssary, or, if it 1snot the disciplinary authority, submitthe case to the discipinary authority which shall pc-sssuch orders on thocaseasdt may deem necessary:
Provided that in the event of a difference of opinion between theborrowing authority and the lending authority, the serviceof the employee shal! be replaced a:t the disposal of thelending authority;
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Provided that before passingauthority shall comply(3) and (4) of rule 11.
any suchwith the
order the dlsciplrnaryprovisions of sub-rules
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Explanation: - The disciplinary authority may make an order under this clauseon the record of the inquiry transmitted to it by the borrowingauthority, or_after holding' such further inquiry ,as it, may, deemnecessary, as far as may be, in accordance with rul~ 10.-,
17. Provisions regarding Officers 'borr6w~d from Central, stateGovernments, etc.---l(l)Where an order of suspension is' made or a disci-
plinary proceeding is 'conducted against ariemployeewhose services have" beeniborrowed ·£tom Ceritral rorState Governmerits-of :~'an:authority: ' Silbbr:diri~te"th~r-etoor a local' or other authority the authority ;lendill'g<hii
J
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services (hereinafter in this rule referred to as the lend-ing authority), shall forthwith bednformed icf the circum-stances leading to the order of the suspension of theemployee or of the commencement of the disciplinary pro-ceeding, as the case may be.
(2) In the light of the findings in the disciplinary proceeding con-ducted against the employee if the disciplinary authority is of theopinion that any of the penalties specified in clauses (i) to (iv) of rule7 should be imposed on him, it may, subject to the 'provisions of sub-rule (3) of rUJe' 11 and after consultation with the lending authority,pass such orders on the case as it may deem necessary:
(i) Provided that in the event of a difference of OpInIOnbet-. ween the borrowing authority and the-lending authority,
the services of the employee shall be replaced at the dis-posal of the lending authority;
(H) if the disciplinary authority is of the opinion that any ofthe penalties specified in clauses (v) to (ix) of rule 7should be imposed on the employee, it shall replacethe services of such emplOyee at the disposal of the lend-ing authority, and transmit to it the proceeding of the in-quiry for such action as it may deem necessary. I
fPART VII-APPEALS
18. Order against which no appeal. lies.-Notwithstanding any-thing contained in this part, no appeal shall lie against-
(i) any order made by the. Government;
II
IIIl,11
I
(ii) any order of an interlocutory nature or of the nature of astep-in-aid or the final disposal of a disciplinary proceed-. ing, other than an order of suspension:
II
I)
(iii) any order passed by an inquiring authority in the courseof an inquiry under rule 10..
19. Order against which appeal lies.-Subject to the provisionsof rule 18, an employee may prefer an appeal against all or any of thefollowing orders, namely.-:-
(i) an order of suspension made or deemed to hav~ been madeunder+rule Q:
t
50
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@...(ii) an order imposing any of the penalties specified in rule 7
whether made by ths disciplinary authority or by anyappellate or reviewing authority;
(iii) an order enhancing any penalty, imposed under rule 7;
(iv) an order whfch-
(a) denies or varies 1:0 his disadvantage his pay, allowances,pension or other conditions of service as regulated byrules or by agreement; or
(b) interprets to his disadvantage the provisions of any suchrule or agreement;
(v) an order-
(a) stopping him at the et'iiciencybar in the time scale of.payon the ground of his unfitness to cross the 'Oar;
(b) reverting him while officiating in a higher grade or postto a lower grade or post otherwise than as a penalty;
(c) reducing or withholding the pension or denying themaximum pension admissible to him under the rules;
..(d) determining the subsistence and other allowances to' be
paid to him for the period of suspension or for the periodduring ~hich he is deemed to be u~der suspension or forany portion thereof;
(e) determining his pay and allowances- .
(i) for the period of suspension, or
(ii) for the period from the date of his dismissal, removal, orcompulsory retirement from service or from the date ofhis reduction to a lower grade or post, time scale or stage
in a time scale of pay, to the. date of his reinstatementor restoration to his grade or post; or
(f) determining' whether or not the period from the date ofhis' suspension or from the date of 'his dismissal, removal,
/f.
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(2) Notwithstanding anything
51
compulsory retirement or reduction to a lower .grade,post, time seals of payor stage in a time scale erpay to the date of his reinstatement or restoration " tohis service, grade or post shall be treated as a- periodspent on duty for any purpose.'
E:t-planation:-In this rule--(I) the expression 'employee" includes a person who ha.' ~~ased t. b.
in the service 01 the Central Board.
(ii) the expression 'pension' includes additional pension, Uatuity'andany other retirement benefit.
20. Appellate Authorities.-(l) An employee, including a personwho has ceased to be in the service of the Central Board may prefer anappeal against all or any of the orders specified in rule 19 if such orderis made-
(a) by the Central Provident Fund Commissioner to, the cen-tral Government;
(b) by an authority subordinate to the appointing authority, to, the appointing authority;
(c) by llny other' authority, to the authority to which,Pteauthority which made the order is immediately subordinate.
contained in sub-rule (I),
III,11, II!11I i.!:jIIIjI
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(a) an appeal against an order in a common proceeding heldunder rule 14 shall lie to the authority to which theauthority functioning as the disciplinary authority forpurpose of that proceeding is immediately subordinate;
(b) where the person who made the order appealed againstbecomes, by virtue of his subsequent appointment orotherwise the appellate authority in respect of such order,an appeal against such order shall lie to the authority towhich such person is immediately subordinate.
21. Peri~d of limitation for appeals+-No appeal preferred underthis part shall be entertained unless such appeal is preferred within aperiod of forty-five days from the date on which a copy of the order, appealed against is delivered to the appellant: -
Provided that the appellate authority may entertain the appealafter the expiry of the said period, if it is satisfied that the appellant hadsufficient cause for not preferring the appeal in time. .
-,' 22. "Form and' conient« 'Of appeat-(l) Every person preferringan appeal sha1l do so separately and in his own name.
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(2) The appeal shall be presented to the authority to whom theappealTies, a copy being forwarded by' the appellant to the authoritywhich made the order appealed against. It shall contain all materialstatements and arguments on whiCh the appellant relies, shall not con-tarn any' disrespectful or improper language, and shall be complete initself.
(3) -The authority which made the order appealed against shallon receipt of a copy of the appeal, forward the same with itscomments there on together with the' relevant records to the appellateauthority without any avoidable delay, and without waiting for anydirection 'from the appellate authority:'
23. Consideration of appeal.-(l) In the case of an appeal againstan order of suspension, the appellate authority shall consider whetherin the light of the provisions of rule 6 and having regard to the circums-tances of the case, the order of suspension is justified Or not and confirmor revoke the order accordingly.
(2) In the case of an appeal against an order Imposing any of thepenalties specified in rule 7 or enhancing any penalty imposed under thesaid..rule, the appellate authority shall consider-
(a) whether the procedure laid down in these rules has beencomplied with, and if not, whether such non-compliance hat!resulted in the failure .of justice;
(b) whether the findings of the .disciplinary authority arewarranted by the evidence 'on the record; and
(c) whether the penalty or the enhanced penalty imposed is ade-quate, inadequate or severe;
.and pass order-
(i) confirming enhancing, reducing, or setting aside, thepenalty; or
(it) remitting the case to the authority. which imposed or en-hanced the penalty or to any other authority with suchdirection as it may deem fit in the circumstances of thecase;
Provided that-
, (i) the Commission,shall be consulted in all cases where suchconsultation-is necessary;
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(iii) if the enhanced penalty which the appellate authorityproposes to impose is one of the penalties specified inclauses (v) to (ix) of rule 7 and an inquiry Under rule10 has already been held in the case} the appellateauthority shall, after giving the appellant a reasonableopportunity, as far as may b.g in accordance with theprovisions of sub-rule (4) of rule 11, of ' making, a re-presentation against the penalty proposed on the 'basisof the evidence adduced during the inquiry, make suchorders as it may deem fit; and
(ii) if the enhanced. penalty which the appellate authorityproposes to impose is one of the penalties specified inclauses (v) to (ix) of rule 7 and an inquiry under rule10 has not already been held in the case, the appellateauthority shall, subject to the provisions of rule 15,Itself hold such inquiry or direct that such inquiry beheld in accordance with the provisions of rule 10 andthereafter, on a consideration of the proceedings or suchinquiry and after giving ihe appellant reasonableopportunity, as far as may be in accordance with theprovisions of sub-rule (4) 'of rule 11, of making arepresentation against the penalty proposed on the basisof the evidence adduced during such inquiry, makesuch orders as it may deem fit;
(iv) no order imposing an enhanced penalty shall be madein any other case unless the appellant has been given areasonable opportunity as far as may be in accordancewith the provisions of rule 12,of making a representationagainst such enhanced penalty,
(3) 'In an appeal against any other order specified in rule 19, theappellate authority shall consider all the circumstances of the case andmake such orders as it may deem just and equitable.
24:- Implementation of orders in appeaL-The authority which madethe order appealed against shall give effect to the orders, passed by theappellate authority.
,. PART VIII-REVIEW
25'. El) Notwithstanding aIiythingcon:tainedin:these:5I1l1es :-
(i) the Central Government, or
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may at any time, either on its own motion or otherwise callfor the records of any inquiry and review any order madeunder these rules or the regulations repealed by rule 29from which an appeal is 'allowed but from which no appealhas been preferred or from which no appeal is allowed, afterconsultation with the Commission where such consultation isnecesspry, and may-
(ill the appellate authority;
(a) confirm, modify or set aside the order; or
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(b) confirm, reduce, enhance or set aside the penalty imposedby the order or impose:any penalty where no penalty hasbeen imposed; or
(c) remit the case to the authority which made the order or toany other authority directing such authority to make suchfurther inquiry as it may_consider proper in the circum-stances of the case; or
(d) pass such other orders as it may deem fit;
Provided that no order imposing or enhancing any penalty· shallbe made by any reviewing authority unless the employeeconcerned has been given a reasonable opportunity ofmaking a representation against the penalty proposed andwhere it is proposed toImpose any of the penalties speci-fied in clauses (v) to (ix) of rule 7 or to enhance thepenalty imposed by the order sought to be reviewed to anyof the penalties specified inthose clauses, no such penaltyshall be imposed except after' an inquiry in the mannerlaid down in rule 10 and, after giving a reasonable oppor-tunity to the employee concerned of showing cause againstthe penalty proposed on -the 'evidence adduced during theinquiry and except after 'consultation with the Commis-sion where such consultation is necessary.
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(2) ~o proceeding for review shall be commenced until after :-
(I) the expiry of the period of limitation for an appeal, or
(ii) the disposal of' the appeal, where-any such _appeal has beenpreferred .
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(3) An application for reviewshall be dealt with in the same manneras if it were an appeal under these rules.
PART IX-MISCELLANEOUS
26. Service oj orders, notices etc.-Every order, notice and otherprocess rnado or issued under these rules shallbe served in person on theemployee concerned or communicated to him by registered post.
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27. Power to relax tim,e-Limit. and to condone delay.-Save as0l1-lS:'wb::- expressly provided in these rules, the authority competent underthese rules to make any order may, for good and sufficient reasons or ifsufficient cause is shown, extend the time specified in these rules for any-thing !f q'..,:r ed t::; 1::;2 dcne under t:i.e rules or condone any delay.
23.' SU'jJpZy of copy oj Commission's advice.-Wnenever the Com-mission is consulted as provided in these rules, a copy of the advice bythe Commission and, where such advice has not been accepted, also abrief statement or the reasons for such non-acceptance, shall be furnish-ed to the employee concerned along with a copy of the order passed intb: case, by the authority making the order.
29. Repeal and Saving.- (1) Regulations 4 (1), 11, 13, 14, 15, 10,.17, 18, 19, 20, 21, 22, 23, 24, Z5 and 26 of the Employees' Provident Fund(Staff and Conditions of Service) Regulations, 1962 ar.d tre First andthe Fifth and Sixth Schedules thereof are hereby repealed.
Provided that :-
(a) such repeal shall not affect the previous operation of thesaid regulations or order made, or anything done. or anyaction taken thereunder;
(b) any proceedings under the said regulations pending at thecommencement of these rules shall be continued and dis-posed of as far as may be, in accordance with the provisionsof these rules, as if such proceedings were proceedingsunder these rules.
(2) Nothing in these rules shall be construed as depriving anyperson to whom these rules apply, of any right of appeal which hadaccrued to him under the regulations or orders in force before the com-mencement of these rules.
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56(3) An appeal pending at the commencement of these. rules against
an order made before such commencement shall be considered and ordersthereon shall be made, in accordance with these rules, as if such orderswere made and the appeal were preferred under these rules.
(4) As from the commencement of these rules any appeal orapplication for review against any orders made before such commence-ment shall be preferred or made under these rules, as if such 9rders weremade under these rules;
Provided that nothing in these rules shall be construed as reducingany period of limitation for 'any appeal or review provided by any rulein force before the commencement of these rules.
30. Removal of doubts.-If any doubt arises as to the Interprets-.tion of any of the provisions of these rules, the matter shall be referred t{)
the Government whose decision thereon shall be final.
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lThe Emploees' Provident Fund Staff (Classification, Control and Appeal)Rules, 1971-Application to the Commissioners order.
G.S.R. In exercise of the powers conferred by sub-section(6) of section 5D of the Employees' Provident Funds and Family PensionFund Act, 1952 (19 of 1952), the Central Government hereby directs thatpending the framing of discipline, control and appeal rules for the CentralProvident Fund Commissioner, Deputy Provident Fund Commissionersand Regional Provident Fund Commisioners, the matters concerning theaforementioned officers in regard to discipline, control and appeal shallbe regulated, mutatis mutandis, in accordance with the relevant provisionscontained in the Employees' Provident Fund Staff (Classification, Controland Appeal) Rules, 1971.
IPublished in Part 1I, Section 3{i) of Extra Ordinary Gazette of Indiadated the .7th September,- 1972 vide Notification No. G.S.R.. ',' .... ,
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58
PROVIDENT FUND ACCOUNTS SERVICE EXAi'vHNATION SC:aEME>
[As amended up to 30th September, 1972.]
1. Short title, application and c0mmencement.-(1) This Scheme'may be called the Employees' Provident Fund Accounts Service Examina-tion Scheme.
(2) It shall come into force from such date as may be notified bythe Central Provident Fund Commisioner.
2. D:ejinitio:tl.,s.-{ a) "Examination"Accounts Service Examination.
means Provident Fund
(b) "Organlssticn" means Employees' Provident Fund Organisation.
(c) "Paper" means a paper specified in the Schedule annexed tothis Scheme.
(d) "Schedule" means the Schsdulo annexed to this Scheme; and
"(e) "Syllabus" means the Syllabus prescribed for the examination.
3. Subect to para 8 below, the Examination is open to all th~ em-ployees in the Organisation, who have put in clerical service for not lessthan 10 vears and to the Head Clerks, Stenographers (Senior) andProvident Fund Inspectors (Gr. U) in the Regional Offices and to theSuperintendents, Assistants, Junior Technical Assistants and Stenographers(Senior) in the Central Office, who have put in at least 3 years' service inthose grades, as on the first day of the calendar year in which the examina-tion is held,
4. The examination shall consist of two Parts as detailed in theSchedule appended. Part I of the Examination shall be a competjtj.Yeone for candid,l!cs holding' the t-ests of Lower Division Clerk,' Upper15ivision Clerk, Steno (Junior), Head Clerk, ASSistant, Junior TechnicalAssistant and Steno (Senior) and such of them as pass the examinationshall be eligible for appointment to the post of Superintendentj.Er.ollid~ntFund Inspector (Gr, II), depending on the availability of vacancies andthe ranks obtained. For candidates holding the posts of SuperintendentiPrOVIdent F!)l1d Inspector (G;:-. IT), on a regular basis without passingPart I Examination, the examination will be qualifying one for the purposeof entitlement to aonear for Part II of the" E,~mination. Onlythose candidates who have passed/qualified in the Part-I
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(f!JInspector (Gr. Il) on a regular basis shall ba allowed to appear for Part-ITof the Examination. Candidates who ass Part II. of the examination,w1!ich shall be a gualifying one, shall be declared to have qualifie 1 theProvident Fund Accounts~Service Examination; ~,
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5. The list of candidates passing/qualifying in Part I and IIexamination will be circulated to the candidates concerned.
6. Passing of the qualifying e:·~aminationin Part II will not conferon any employee a right to claim promotion or appointment to the postof Accounts Officer. Only such of the officials, who have passed/ qualified inboth Parts of the examination and who have also held in officiating orsubstantive capacity a post of Superintendent or Provident Fund Inspector(Gr. 1I) for a minimum period of five years may be considered for pro-motion to the post of Accounts Officer by the Departmental PromotionCommittee, subject to the availability of vacancies.
Provided that such of the eligible candidates as are not selectedby the Departmental Promotion Committee for promotion to the post ofAccounts Officer at any meeting, will be eligible for consideration at thesubsequent meeting(s) of the Departmental Promotion Committee.
Provided further that an examination should not be held in a yearwhen the number of effective vacancies is' less than the number of quali-fied candidates available for appointment.
7. The examination will be. held and conducted at such time andplaces as may b2 fixed by' the Central Provident Fund Commissioner.
8. The persons desirous of taking the examination will be requiredto apply in writing to the Regional Provident Fund Commissioner Or to theCentral Provident Fund Commissioner in case of employees of the CentralOffice well in advance, and, in any case, not later than 45 days from thenotified date of holding of the examination.
Provided that the Central Provident Fund Commissioner may waivethe above condition In favour of a candidate if h':! is satisfiedfhat it wasbeyond the control d th~ candidatoto apply in time,
9. Minimum marks fOT pa3sing / qualifying and obtai11:ing distinc-tion.-(a) Part I of the Examinat;nn.-(i) For candidates (Cievk», HeadClerks, Assistants; Junior TechniCal A'ssistants and Stenographer (Senior) l(Junior)] who take Part'! of the ·Exam.ination as a competitive test ':
\ To be declared successful, a candidate must obtain at least 40 pere= marks in each paper, and 45 per cent marks in the aggregate.
[ii) For candidates [Superintendent:! and Provident Fund Inepeetor«(Gr. II)], wh£.i.ake Part I ot the Examina.tion as a qualifying test:-
To be declared qualified, a candidate must obtain at least 40 per centmarks in each paper.
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,(b) Part J! of the Examh1..ation: To b§__declared, qualified, a
candidate must obtain at least 40 per cent. marks in each paper.
10. A Superintendent or Provident Fund Inspector (Gr. U)appointed on regular basis who fails to qualify in Part I or Part IIexamination but has secured 60 per cent Ormore marks in any paper willbe exempted from appearing in that paper again. Such candidatessecuring 75 per cent or more marks in a paper in a qualifying examinationwill be declared to have qualified with distinction in that paper and acertificate of merit will be awarded to such candidates,
11. A candidate appearing for the first time and failing to secureat least 30 per cent of marks in aggregate in each part of examinationshall not be allowed to take the immediately succeeding examination.
12. Number of chances to be given and age limit.-(l) For takingthe Part I examination, not more than five chances will be given and itshould be taken before an employee completes his 45th year as on the firstday of the calendar year in which the examination is held. In exceptionalcases, age limit may be relaxed by not more than 2 years.
(2) After passing, or as the case may be, qualifying in the Part-IExamination, an employee holding the post of Superintendent or Provi-dent Fund Inspector (Gr. II) on a regular basis may appear for the Part-ITExamination before completing the age of 50 years, on the first day ofthe calendar year in which the examination is held, the number ofchances being restricted to five. In no case Will a candidate' be allowedto take Part-If Examination after completion of his 50th year of age on thefirst day of the calendar year in which the examination is. held.
However, in' the case of candidates' belonging to Scheduled Castesand Scheduled Tribes appearing for P~t-I or' J?art-TfExalDinaFon tn~
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maximum age limit mentioned above shall be increased by 5 years andfurther there will be no limit on the number of chances for appearing inthe examination in their case.
(3) The above age restriction willcandidates appearing for the examination1st January, 1969 and 31st December, 1972.
however not apply to theto be conducted 'between the
13. A candidate having applied for admission to the examination(in either Part) shall, on grant of such admission, be deemed to haveavailed himself of one chance unless he withdraws his application for.'reasons beyond his control, not less than thirty days before the notifieddate of examination.
Provided that in cases of exceptionally hard nature such as sicknessof the candidate, the Central Provident Fund Commissioner may relaxthis rule in favour of the candidate.
14. A rule levying a fee to cover the cost of setting unci valueingthe papers, stationery and supervision at examination and other costs ofconducting the examination will be considered separately.
SCHEDULE
PART-I
] . Precis, Drafting and the Constitution of India
2. Book Keeping and Accountancy
3. Employees' Provident Funds Act and the Scheme and theManuals
4. Staff Service Regulations and other service matters
PART-Il
1. Employees' Provident Fund System of Accounts
2. Fundamental and Supplementary Rules
3. Treasury and General Financial Rules and Principles ofAuditing
Select Labour Laws, Company Law and ElementaryPrinciples of Social Security
3 hrs. 150
3 hrs. 100
3 hrs. 150(100+50)
100~. 3 hrs.
500
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62
SYLLABUSPART-!
PAPER I. Marks : 150 (100-1--50)
Time : 3.hours
Precis, drafting and the .ConstitutionoJlndia.1. Precis and draft ing.-Questions will be set for precis of a corres-
pondence of notes on an official subject; drafting of an official letter'bearing on some subject.
Questions will also be framed with a view to testing the candidate'sability to write in grammatically correct form the English which he isrequired to use for his daily office work. He will be asked tocorrect errors, fill in blanks in given sentences and to frame sentencesto illustrate the use .of given words or phrases etc. etc.
H. Constitution of lntiia.-Candidat€s are expected to have a fairknowledge of the following chapters of the Constitution of India :-Part IV.-Directive Principles of State Policy, Part v-Chapter H.-Procedure in Financial Matters in the Centre,Chapter V.-Provisions relating to Comptroller & AuditorGeneral and Part XII-Chapter I, FL'1anCeand Chapter II-Borrowings.
PART-IPAPER II
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Book Keeping and AccountancyAn elementary paper is to be set on the following topics :
(A) Book-Keeping upto Trial Balance. \(B) Bank Reconciliation statement and Petty cash-book.(C) Trading and Profit and Loss Account and Balance Sheet.(D) Depreciation, sinking Funds, Reserves, Reserve Funds,
Secret Reserves.(E) Self-Balancing Ledgers and Sectional Balancing.(F) Capital and Revenue Accounts, Receipts and Payments
Accounts, Income and Expenditure Accounts .. (G) Double Account System.(H) Correction of Errors.(I.) Stock Exchange Transactions, Investment. Accounts and
Valuations.Books r~commended :
(1) Advanced Accountancy-e-J. R. BATLIBOt(2) Advanced Accountancy-R. R. GUPTA AND V. S. GUPTA
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PAPER illMarks : 150
Time : 3 hoursEmployees' Provident" Funds Act and the Scheme and the ManualsQuestions will be asked on interpretation, applicability, enforce-
ment, recovery, prosecution, damages, exemption, administration, CentralBoard of Trustees and Regional Comm'ittees-their constitution, functionsand powers. Administrative arrangements, membership of the Fund,'contributions, declaration and maintenance of records and returns-Ad-ministration of the Fund. Miscellaneous provisions,
Various subjects dealt with in the Manuals.. . Books:
(1) The Employees' Provident Funds Act, 1952 (19 of 1952) asamended from time to time.
(2) The Employees' Provident Funds Scheme framed under theAct, as amended from time to time,
(3) The Employees' Provident Fund Manuals.(4) Hand Book of Legal Clarifications.(5) Compilation of Court Decisions.
N.B.-Candidates will be required to be acquainted with the decisions arrived atthe various conferences and meetings of the Regional Commissioners andAccounts Offirers which are circulated in the Offices of the Organisation.
PART-IPAPER IV
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Marks : 100
Time : 3 hoursStaff Service Regulations and other service matters.Questions will be set on general provisions of -the Staff Service
Regulations, Conduct Rules, Provident Fund Rules, Leave Rules, PayFixation, T.A. Rules, Pension Rules and Medical Attendance Rules asapplicable to the employees of the Employees' Provident Fund Organisa-tion.
Books:(1) Employees' Provident Fund (Staff & Conditions of Service)
Regulations, 1962.(2) Employees' Provident Fund Organisation (Staff Contributory
Provident' Fund) Regulations, 1960.(3) General Provident Fund (Central Services) Rules, 1960.(4) Central Civil Services (Conduct) Rules, 1964.(5) Central Services (Medical Attendance) Rules, 1944.(6) Revised Leave Rules, 1933.(7) Fundamental and Supplementary Rules.(8) Liberalised Pension Rules, Ul60.
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PART-H. ! PAPER I
Marks : 150Time : 3 homos
En.plo !lees Pi'Ovident Fund. System of Accounts.
General Financial procedure (Forms of accounts, budget and re--appropriation, Staff Provident Fund, Pension Fund, Bankingof Employees'Provident Fund monies, declaration of interest, Investments etc.). Func-tions or Accounts Branch, Financial Power-Audit Scrutiny of Employees'Provident Fund Accounts returns-Maintenance of Ledger cards and post-ing of contributions-Settlement of applications for advances and claims£01' final refund-Transfer of accounts Maintenance of Cash Books and CashAcccunts=-Compilation of Annual Accounts in Form 23 and 24-Reconcilia-tion of annual balances of accounts of establishments-Compilation of the"proforma" annual accounts (Income and Expenditure Account andBalance Sheetj-Pre-audit and Internal audit of the Employees' ProvidentFund and Staff accounts.
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Books recommended. :
(1) Employees' Provident Funds Act, 1952as amended from timeto time.
(2) Employees' Provident Funds Scheme framed under the Act.(3) Employees' Provident Fund Accounts Manuals with uptodate
corrections.
PART-IT
PAPER uMarks: 100TIl\1E :. 3 hour,
Fusuiamentai and Suppleraenta,y Ruies
Questions will be asked on subjects like general conditions ofservice, classifications of services (All India Services, Central Services,.State Services, Specialists Services, Subordinate Services etc.), ForeignService; Pay-its classification and fixation, addition to pay; Leave-extentof application, general conditions, types of leave, grant of leave; leavesalary-its treatment and drawal, authority to sanction. leave ;
'I'ravelling allowance Rules-Different types of Travelling Allow-ances, its admissibility, Drawa1 of Travelling Allowances, ControllingOfficers their duties;
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Record of service oi Gazetted and non-gazetted officers, joining time-its admissibility and treatment; Delegation of powers-administrative andfinancial'; pension-types of pension, Admissibility, Amount of pension,sanctioning Authority.
BOJks Recommended
(1) Accountant General P& T Compilation of FundamentalRules, Vols, ! & II.
(2) Supplementary Rules, Vols. I & II with u~ to date amend-ments.
(3) Civil Services Regulations including Revised Leave Rules(1963) and Liberalised Pension Rules (1960) and amend-ments issued from time to time.
(4) Delegation of Financial powers as amended from time totime.
PA ..:.-qT-II
P}~.PERm
Marks 150 (100+50)
'I'irne : 3 hours
Treasury and. General Emanciai Rules-amd Principles of A.1Lditing.
Questions will be asked on general system of financial managementand control, Revenue and Receipts powers of sanction, preparation ofbudget, grant and appropriation, treatment of contingent and miscellane-ous expenditure, stores-purchase, record and disposal thereof. Advances'to employees. Government Accounts, Security deposits.
General outlines of the system of Accounts, General principlesand methods of Accounts, Inter-Departmental Transfers, Treatment atrecoveries and losses.
.'Location of money standing in the Public Account, Payment of.Revenue into the public account, Custody, withdrawals and transfer ofmoneys, responsibility for moneys withdrawn,Public Debt-Deposits, Ioansand Advances.
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(1) Central Government Compilation of Treasury Rule! Vols. I& It
(2) Delegation of Financial Powers.
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(3) Central Government Compilation of General Financial Rules[Revised and Enlarged (1963)].
(4) Account Code-Vol. I.
(5) An introduction to Indian Government Accounts and Audit=-issued by the Comptroller and Auditor General of India.
(6) Principle and Practice of auditing-B.R. BATLIBOI-
(7) Practical auditing -Spicer and Peglar (Indian Edition) byS-V-Ghatalia.
PART-IIPAPER IV
Marks: 100 ,Time : 3 hours
Select Labour Laws, Company Law an.d Elementary Principles of SocialSecurity.
Questions will be asked on such sections/chapters of the followingActs/Publications as may be prescribed :-
(1) Employees' State Insurance Corporation Act and Scheme, 1948.
(~) Coal Mines Provident Fund and Bonus S-chemes Act, 1948.
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(6) Workmens' Compensation Act, 1923.
(3) Maternity Benefits Act, 1961.
(4) Payment of Wages Act, 1936,
(5) Industrial Disputes Act, 19-47_
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I(7) Indian Companies Act, 1956~
(8) The Factories Act, 1948.
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lEMPLOYEES' PROVIDENT FUND ORGANISATION (STAFFCONTRIBUTORY PROVIDENT FUND) REGULATiONS, 1960,
(As amended up to 30th September, 1972]1. Short title and commencement.- (1) These regulations may be
called the Employees' Provident Fund Organisation (Staff ContributoryProvident Fund) Regulations, 1960. ,
(2) They shall be deemed to have come into force with effect fromthe Ist day of April, 1954.
2. Definitio'lt$.~In these regulations, unless the context otherwiserequires:-
(i) 'Commissioner' means a Commissioner for Employees'Provident Fund appointed under the Employees' ProvidentFunds Scheme, 1952;
(iP 'emoluments' means pay, dearness pay, leave salary or sub-sistence grant as defined in the Fundamental Rules andincludes :-
(a) any wages paid by the Employees' Provident Fund Organi-sation to the employees not remunerated by fixed monthlypay;
(b) any remuneration of the nature of pay received in respectof foreign service, i.e., service rendered with any otheremployer with the permission of the Central ProvidentFund Commissioner ;
f<!ote.-As regards regional offices, for the purpose of calculation of provi-dent fund contributions, half 0:: the dearness allowance admissibleto the staff of the regional offices under the respective state Govern-ment rules should be treated as dearness pay irrespective of thefact whether particular State Government has specified more thanhalf or less than half of the dearness allowance as dearness pay pro-vided that for the period .from 1st March, 1954 to 31.st March. 1958,the element of full dearness allowance shall be deemed to be in-cluded in the emoluments.
(iii) 'employee' means any person holding an appointment, theemoluments of which are paid by the Employees' ProvidentFund Organisation ;
'Employees' Provident Fund Organisation' means the Organi-sation set up under the Employees' Provident Funds Act,1952 and the Scheme framed thereunder ;
(iv)
(v) 'family' means:-(a) in the case of male subscriber, ,the wife or
children of the subscriber and the widow orwives and
widows andchildren of a deceased son of the subscriber ;
Provided that if a subscriber proves that his wife has beenjudiciallly separated from him or has ceased under the
, ,1Published in Part H, Section 3 (il) of the, Gazette ~ India, dated the 12thMarch. 1960,-vide Notification No. S.O. 638. ' ,
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customary law of the community to which the parties belongto be entitled to maintenance, she shall thenceforth bedeemed to be no longer a member of the subscriber's familyin matters to which these regulations relate, unless thesubscriber subsequently 'indicates by express notificationin writing to the Commissioner that she shall continue to.be so regarded; and
(b) in the case of a female subscriber the husband and childrenof the subscriber and the widow or widows and childrenof a deceased SOnof the subscriber :
Provided that if a -subscriber by notification 1,"1 writing to theCommissioner expresses her desire to exclude her husbandfrom her family, the husband shall thenceforth be deemedto be no longer a member of the subscriber's family inmatters to which these regulations relate, unless the sub-scriber subsequently cancels formally in writing her noti-fication excluding him ;
Note l.-'Chlldren' means legitimate c-hildren;Note E.-An adopted child shall be considered to be a child only when
the Commissioner or when any doubt arises in the mind of theCommissioner, the Solicitor to the Government of India, is satisfiedthat under the personal law of the subscriber. adoption is legallyrecognised as conferring the status of a natural child.
(vi) 'Provident Fund' means the Employees' Provident FundOrganisation Staff Contributory Provident Fund ,;
(vii) 'staff' means employees appointed under the Employees'Provi-dent Fund Organisation for the administration of the Em-ployees' Provident Funds Scheme, 1952 ;
(viii) 'Subscriber' means any employee or a member of the Staff ofthe Employees' Provident Fund Organisation admitted to theProvident Fund;
(ix) 'Year' means a financial year beginning on the 1st day ofApril, and ending on the 31st March, following.
3. Constitution.-There shall be created a Fund called "TheEmployees' Provident FlL'1dOrganisation Staff Contributory ProvidentFund" (hereinafter referred to as the 'Provident Fund').
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4. Management of the Provident Fund.-The Provident Fund shall~e administere? and maintained by the Commissioner in rupees in India .
. 5. These regulations shall apply to all non-pensionable employeesholding a substantive appointment in the Employees' Provident FundOrganisation :
Provided that employees in temporary service may also beadmitted to the' Provident Fund with the .•..vrittenconssnt of
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the Commissioner if they have been employed or in theopinion of the Commissioner are likely to be employed forat least three years :
Provided further that persons appointed on probation tosubstantive appointments Or appointed _to _officiate in anofficewhich is vacant Or the permanent incumbent of whichdoes not draw any part of the payor count service may, ifthey are confirmed without interruption, be allowed to jointhe Provident Fund with retrospective effect from the dateof their joining the service but the monthly subscriptionof a subscriber admitted to the Provident Fund under thisproviso shall not be less than 10 per cent of his pay tillall arrears are paid up in full.
15-A. Transfe-r of past accumulations.,-i;vl1Ere a subscriber admittedto the benefit of the Provident Fund was a member of any other ProvidentFund before his appointment in the Employees' Provident Fund Organisa-tion, his past accumulations in that other Provident Fund may, on anapplication made by him to the Commissioner in this behalf; be acceptedby the Commissioner and credited to his Provident Fund account, if hisprevious employer agrees to transfer the said accumulations and pays hisshare of contribution.
6. Nomination.-(l) A subscriber shall, as soon as may be afteradmission to the Provident Fund, submit to the Commisioner a nomina-tion conferring on one or more persons the right to receive the amountthat may stand to his credit in the Provident Fund in the event of hisdeath occurring before that amount has become payable or having becomepayable has not been paid. If any such person predeceases the subscriber,the right conferred upon him shall pass to such other person Or personsas provided in the nomination ;
(2) If at the time of making the nomination the suhcriber has afamily, the nomination shall not be in favour of any person or personsother than the members of his family;
(3) Every such nomination shall be in the form set forth in the FirstSchedule to these regulations. Ii a subscriber nominates mora than oneperson _under sub-regulation (1), he shall specify in the nomination theamount or share payable to each of the nominees in such manner as tocover the whole of the amount that may stand to 'his credit in theProvident Fund at any time;
(4) A subscriber may, at any time, cancel a nomination by sendinga notice in writing to the Commissioner .- -_- Provided that the subscriber shall, along with -such notice, send afresh nomination. in _accordance with sub-regulations (1) and (2);-
IInserted vide notification published in Part· II, S2ction 3(ii) of theGazette of India, dated the 28th October, 1961under 8-0. "No, 2545.
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iD (§D(5) Every nomin~tion made and every notice of cancellation given:
by a subscriber shall, to the extent that it is valid, take effect, on the dateon which it is received by the Commissioner.
(6) A subscriber may provide in a nomination:(a) in respect of any specified nominee that in the event of his
predeceasing the subscriber, the right conferred upon thatnominee shall pass to such other persons as may be specifiedin the nomination;
(b) that the nomination shall become invalid in the event of/thehappening of a contingency specified therein provided thatif at the time of making the nomination the subscriber hasno family, J1e shall provide in the nomination that it shallbecome invalid in the event of his subsequently acquiring afamily.
7. Subscriber's Account.e-An-account shall be prepared in the nameof each subscriber and maintained by the Commissioner in the form setforth in the Second Schedule appended to these regulations.
8. Conditions and rate of subscription.-(l) A subscriber shallsubscribe monthly to the Provident Fund when on duty or foreign service.
(2) A subscriber may, at his election, not subscribe during leave. '(3) A subscriber shall intimate his election not to subscribe during
leave by a written communication to the Commissioner at least ten daysbefore he proceeds on leave.
(4) Failure to make due and timely intimation shall be deemed toconstitute an election to subscribe.
(5) The election of a subscriber intimated-under this sub-regulationshall be final.
(6) A subscriber shall not subscribe to the Provident Fund when onextraordinary leave without pay or under suspension. He shall, however,on return from a period of such leave without payor On reinstatementafter a period passed under suspension, be allowed the option to subscribefor that period at the discretion of the Commisisoner. The amount ofsubscription to be paid shall also be determined by the Commissioner, thegeneral principle to be observed being that the subscription should becalculated on one-half the emoluments drawn by the employee before heproceeded on leave without payor was placed under suspension.
9. (1) The amount of subscription shall be fixed by the subscriberhimself subject to the following conditions:- -
(a) it shall be expressed in whole rupeesProvided that if the emoluments of the subscriber do not exceed
fifty rupees a month, the amount may be any multipls of.a half rupee; and
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(b) it may be any sum so expressed at a rate not less than 81 percent of his monthly emoluments.
t' -
(a) in the case of a subscriber, who was on duty on the 31st Marchof the preceding year, the emoluments to which he wasentitled on that date ;
(b) in the case of a subscriber admitted to the Provident Fund on asubsequent date, the emoluments to which he was entitledon such subsequent date;
(c) in the case of a subscriber who was on deputation out ofIndia On the said date or was On leave on the said date and'continues to be on leave and has elected to subscribe duringsuch leave the emoluments to which he would have beenentitled has he been on duty; and
(d) in the case of a subscriber who was On leave on the saiddate and elected not to subscribe during such leave or wasunder suspension on the said date the emoluments to-whichhe was entitled on the first day after his return to duty.
,.)
Note.-For the period 'from 1st March, 1954 to 31st March 1958, the rate ofcontribution shall be 6! % of the !:llonthl(yemoluments.
(2) For the purpose of sub-regulation (1) the emoluments of asubscriber shall be:-
(3) The subscriber shall intimate the fixation of the amount of hismonthly subscription for each year on the basis of his emoluments andrate permissible.
(4) The subscriber shall be permitted to increase the amount ofsubscription once at any time during the course of the year; there shall,however, be no corresponding increase in the contribution by tlieEm-ployees' Provident Fund Organisation ;
Provided that if a subscriber is on duty for. a part of a month andOn leave for the remainder of that month al)d if he haselected not to subscribe during leave the amount of thesubscription shall be proportionate to the number of daysspent on duty in the month ..
10. Realisation of subscription.-(l) When the emoluments aredrawn on the establishment pay bills, recovery of subcription .to· theprincipal jmd interest of advances granted from the Provident Fund shallbe made by deduction from the pay hillS.. .
iIjj
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II.
/ :"'-ry1'"-''" -.i
. ·11. .Contribution by the Employees' Provident Fund Organisation.-(1) The Commissioner shall make yearly a contribution to the account ofeach subscriber ;
7.2'
(2)'~W1renthe emoluments are drawn otherwise, the subscriber shallforward his dues monthly to the Commissioner,
Provided that if a subscriber quits service or dies during the courseof a year, proportionate contribution shall be credited to his account forthe period between the close of the preceding year and the date of hisretirement or death as the case may be.
Note.-For the period from 1st March, 1954 to 31st March, 1958 the rateof contribution shall be 6! per cent af the monthly emoluments which means payplus dearness allowance.
(2) The rate of contribution made by the Commissioner shall be8-1/3 per cent (1/12th) of the subscriber's emoluments drawn on duty orif he has been on leave and elected to subscribe during such leave theemoluments shall be deemed to be consisting of leave salary and dearnesspay.
(3) The amount of contribution shall be rounded off to the nearestwhole rupee (fifty naye paise counting as the next higher rupee).
12. Interest.-(l) The Commissioner shall pay to the credit of theaccount of a subscriber interest at such rate as the Central Governmentmay from time to time prescribe for the payment of interest on a subscri-ber's accumulations in the Provident Fund.
(2) In addition to any amount to be paid under regulation 23, interestthereon up to the end of the month preceding that in which payment ismade, or up to: the end of the sixth month after the month in which such'amount became payable, whichever of these periods be less, shall be pay-able to the persons to whom such amount.Is to be paid:
Provided that no interest shall be paidin respect of any period afterthe date which the Commissioner has intimated to that person (or hisagent)' as the date: on which he is prepared to make payment in cash, orif he pays by cheque after the date on which the cheque in that person'sfavour is put in the' post.
(3) Interest shall be credited with effect from the 31st March, ofeach year in the following manner :-
(i) on the amount at the credit of a subscriber on the 31st March'of the preceding year less any sums withdrawn during thecurrent year-interest' 'for twelve months
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(ii) on sums withdrawn during the current year interest from the1st April, of the current year up to the last day of themonth preceding the month of withdrawn ;
(iii) on all sums credited to the subscriber's account after the 31stMarch, of the preceding year-interest from the date of depositup to the 31st March, of the current year;
(iv) the total amount of interest shall be rounded off to the nearestrupee in the manner provided in sub-regulation (3) ofregulation 11 :
Provided that when the amount standing at the credit of asubscriber has become payable, interest shall thereupon be credited underthis sub-regulation in respect only of the period from the beginning of thecurrent year or from the date of deposit, as the case may be, up to thedate on which the amount standing at the credit of a subscriber becomepayable.
i.t 13. Advances.-When the pecuniary circumstances of a subscriberare such that indulgence is absolutely necessary a temporary recoverableadvance may, at the discretion of the Commissioner, be granted to a subs-criber out of the amount standing to his credit in the Provident Fund, onthe conditions that:-
~,!I·1I11 (i) the advance is required to pay expenses on any of the following
objects :-
(a) to pay expenses 1(incurred) in connection with prolongedillness of the subscriber or any person actually dependenton him;
(b) to pay for the overseas passage for reasons of health or edu-. cation of the subscriber or any person actually dependent
Onhim;
/
,- (c) t~ pay obiligatory expenses on a scale appropriate to thesubscriber's status in connection with marriages, funeralsOr ceremonies which by his religion it is incumbent onhim to perform ;
(ii) the advance is expressed in whole rupees and shall not, exceptfor special reasons, exceed three months, pay of the
lOmitted,-vide notification in Part II Section 3(ii) of the Gazette of Indiadated the 24th June 1961,under S.O. No. 1464.
I
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74
subscriber or 50 per cent of the accumulation in the Fund,whichever is less. and shall in no caSe exceed the amountof subscription and interest thereon standing to his credit inthe Provident Fund;
(iii) a written request is made to the Commissioner showing reasonsfor the request :
Provided that if the reason is of a confidential nature it may hecommunicated to the Commissioner personally orconfidentially.
14. Recovery.-Any advance shall be recovered from the subscriberin such number of equal monthly instalment as the Commissioner maydirect but the number shall not be less than 12 unless the subscriber soelects l(or in any case more than 24, the amount of advance being raisedor reduced, if necessary, to admit of the fixation of such instalment) 2anrlmore than 24. In special cases, where the amount of advance exceedsthree months' pay of the subscriber the Commissioner may fix such num-ber: of instalments to be more than 24 but in no case more than 36. Theamount of advance may be raised or reduced, if necessary to admit of thefixation of such instalments. The instalments shall be expressed in wholerupees and recovered from the subscriber's salary in the manner indicatedin regulation 10. The first instalment shall commence from the firstpayment of a full month's salary after the grant of advance.
15. Recovery of l-nterest.-:» (a) After the principal of the advanceha:sbeen fully repaid, interest thereon shall be recovered in one instalmentat the rate of 5/12 per cent of the principal for each month Or brokenportion of a month during the period between the drawal and completerepayment of the principal, but, in cases where the advance is distributedto.be recovered in more than 18 instalments, the interestmay be recoveredin two instalments. Payments shall be rounded off to the nearest wholerupee as provided in sub-regulation (3) of regulation 11.
(b) Recoveries made under this regulation shall be credited as theyare made to the account of the subscriber in the Fund.
1Omitted.2Substituted. . vide notification in Part H, Section 3(ii) of the Gazette of
India dated the 24th June,-1961 under S.O. No. 14.64.
3Amended vide Department of Social Security Notification No. 45(11)/65-PF-I, dated the 30th March, 1965 in Part Tl, Section 30) of the Gazette of India
. dated the 13tQ.March, 1965.
'::"'~J~"':...,- ~
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75
16. Deductions.-Subject to the condition that no deduction maybe made which reduces the credit by more than the amount of thecontribution made by the Commissioner under regulation 11 together withinterest thereon credited under regulation 12, the Commissioner maybefore the amount 'standing to the credit of a subscriber in his ProvidentFund Account is paid out of the Fund, direct the deductions therefromand payment to the "Forfeiture Account" of any amount due under aliability incurred by the subscriber to the Employees' Provident FundOrganisation. Subject to the above deduction, the payment of the sharerepresenting contribution of the Commissioner with interest thereon shallbe regulated as specified hereunder, namely:-
(a) In the case of a subscriber, who is dismissed from service forgrave misconduct, the Central Provident Fund Commis-sioner may direct deduction of any portion of the contribu-tion made by the Employees' Provident Fund Organisationunder Regulation 11 and the interest due thereon underregulation 12 :
Provided that if the order of dismissal is subsequently cancelled,the amount so deducted shall, on the reinstatement of thesubscriber in service, will be replaced to his credit in hisProvident Fund Account.
.1/
(b) In the case of a subscriber who resigns his employment underthe Employees' Provident Fund Organisation within fiveyears of completion of service, otherwise than by reasonof superannuation Or declaration by a competent MedicalAuthority that he is unfit for further service, payment ofthe contributions made by the Employees' provident FundOrga-nisation under regulation 11 and the interest due there-on under regulation 12 shall be made on a proportionatebasis On the basis of length of the period of service put in bythe subscriber concerned as under :-
Length of the period of service Amount payable
75 per cent of the amount of contri-bution made by the Commissionerwith interest thereon.
(i) A subscriber who resigns after twoyears of service but less than threeyears of service in the Employees'Provident Fund Organisation.
(ii) A subscriber who resigns after threeyears of service but less than 4 yearsof service in the Employees' Provi-dent Fund Organisation.
(iii) A subscriber who resigns after 4years of service but less than 5 years
- of service in the Employees" Provi-dent Fund Organisation,
25 per cent of the amount of the contri-bution made by the Commissionerwith interest due thereon.
50 per cent of the amount of the contri-bution made by the Commissionerwith interest thereon.
·1i
III
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"
7(j
In the case of a subscriber, who retires On superannuation oris discharged Onreduction of the establishment or is declar-ed invalid and unfit, for further service by a competentMedical Authority, full payment of the amount of contri-bution made.' by the Commissioner under regulation 11together with interest credited under regulation 12 shall bemade to the subscriber, irrespective of the years of serviceput in by him.
17. Withdrawals from the Fund for payment touiards . InsurancePolicies.-Any amount with interest thereon standing to the credit of amember in the account of. the Fund may be withdrawn only onCe a yearto make payment towards a policy of life insurance.
(c)
Provided that the withdrawal shall not be permitted before thedetails of the proposed policy have been submitted to the Commissionerin such form as he may specify and accepted by him as suitable, nor shallthe withdrawal be permitted in excess of the amount required to pay apremium or subscription actually due for payment within six months ofthe date of withdrawal :
Provided further that no amount may be withdrawn to make anypayment in respect of or for the purpose of purchasing an educationalendowment policy if that policy is due for payment in whole or partbefore the member attains the age of 55 years :
Provided further that the amount withdrawn shall not exceed thetotal contribution of the member up to the date of withdrawal :
Provided further that the number of policies in respect of whichwithdrawal of subscription is permitted, shall not exceed 4 :
IProvided further that the actual amount withdrawn shall berounded to the next lower whole rupee.
18. Recovery of the amount advanced for finanCing insurancepolicy.-(1) If a policy matures or otherwise falls due for payment duringthe currency of its assignment to the Commissioner under regulation 19,the Commissioner shall realise the amount assured together with anyaccrued bonus and shall credit out of it, to the account of the member inthe Fund an amount not exceeding the advance taken by the member forpayment of premia in respect of the policy with interest thereon at the
lAdded,-vide Government of· India, Ministry ,01.Labour· and EmploymentNotification No. 45(8)/63-PF-I, dated the 14th April, 1964, published in Part lI,Section 3 (i) .ot the Gazette of India.
It.
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79
1
nominees and in the event of such nominee or nomineespre-deceasing the subscriber, to the alternative nomineeor nominees in the manner indicated in the declarationform; or
(Hi) in the event of the death of the subscriber without havingmade a nomination in accordance with these regulations orwhose nominee or nominees or alternative nominee ornominees has or have not survived the subscriber, to thelegal heir Or heirs of the subscriber on the productionbyhim or them of probate Or letters of administration evi-dencing the grant to him or them of the administration ofthe estate of the subscriber or a certificate granted under theIndian Succession Act, 1925, entitling the holder thereof toreceive payment of such amount :'
Provided that if the amount of such accumulations does not exceedrupees five thousand it may be paid to any person appearingto the Commissioner to be entitled to receive it.
I 24. lAnnual Statement of Accounts.-(l) As soon as possible after_31st March of each year, the Commissioner shall send to each subscriber,a statement of his account in the Fund in the form set forth in the Third,.schedule to these Regulations showing the opening balance as on the1st April of the year immediately preceding, the total amount credited ason the 31st March, of the year and the closing balance On that date. TheCommissioner shall attach to the Statement of account an enquiry whetherthe subscriber-
I
(a) desires to make any alteration in any nomination made underregulation 6, and
(b) has acquired a family (in cases where the subscriber: hasmade no nomination in favour of a member of his family).
(2) 'Subscribers should satisfy themselves as to the correctness ofthe annual statement and errors should be brought to the notice of theCommissioner within 3 months from the date of receipt of the statement.
(3) The Commissioner shall, if required by. a subscriber once, butnot more than once, in a year, inform the subscriber' of the total amountstanding to his credit in the Fund at the end of the last month for whichhis account has been written up.
Add.ed vide notification in Part !I-Section 3.(ii)o! the Gazette of Indtadated the 5th August, 1961,under S,O. No. 1845.
80 . ',!'
~~... FIRST SCHEDULE n-u [See regulation 6(3)]
FORMS OF NOMINATION
1. When the subscriber has a family and wishes to nominate 07te memberttiereo],
I hereby nominate the person mentioned below, who ~S, a member oflIly family as defined in regulation 2 of the Employees' Provident FundOrganisation (Staff Contributory Provident Fund) Regulations, 1960, toreceive the amount that may stand to my credit irrthe Fund, in the eventcf my death before that amount has become payable or having becomepayable, has not been paid:
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Nsm e anda (lilres, ofnominee.
Relatiorcship- ,Ag<lwith
subscr'ber.
.---.---- _.-----_.-
IIJ
---------_.- ----~---'-'
Contingencies' onthehappening of whichthe nomination' shallbecome iuvafid. .
Dated this ----day of ----19
at
Na~me:. ad-rilss' andrelationship of th~person, if any., towhom the right of thenominee shall pass ill
the event of .hispredeceasing the. sub.scriber,
Signature of subscriber
'-, -
Two witnesses to signature:-
1.---------
2..~------~------
•"\ ...;"
.~.-~
11
. - _. - i§;-<-'When the subscriber has a family ~ wishes to nominate moreone member thereof.
than
I hereby nominate the persons mentioned below, who are membersof my family as defined in regulation 2 of the Employees' Provident Fund0rganisation (Staff Contributory Provident Fund) Regulations, 1990,_toreceive the-amount that may stand to my credit in the Fund, in the eventof my death before that amount has become payable Or having becomepayable, has not been paid and direct that the said amount shall bedistributed among the said persons in the manner shown below againsttheir names
Nams andaddress ofnominees.
Relation- _I Ageship with Isubscriber.
Contingencies on \th r.happening ofwhich th ; nomi-nation shall be-come.inv..alid.
*Amount orshare ofaccumulationto be paidto .each.
Dated this 19 .
at
day of
Name, address a ndrelationship of theperson, if any, trowhom the right ofthe nominee .shallpass in the event ofhis predeceasing thesu bscri ber.
Signature of subscriber
Two witnesses to signature:-
1.---------
2.--------
.••••NQte:-Thls.Golumn-should be filled in so as-to.nover the whole amount·.~thAtmay stand _to the credit of the subscriber in the Fund :at:-aI1Y.i,ime.
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Name and Relationship Age I =Coruingsncies on the Name, address andaddress or with happening of which relationship of thenominee. subscriber. the nomination shall person, if any, to
become invalid. whom the right ofthe nominee shallpass in the.event ofhis predeceasing
, the subscriber.,
I
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82 @Ill. When the subscriber has no family and wishes to nominate one person.~rg;~~~~)·~:~~/·¥r~i"-~1."~!:~~~(tiiG,:..~:i;·) ::>:;,t:~~.""- c .~ -, - .•'~- ~~ ~ .. ' .r,.,--.. ,: ~ ,-" J
I, having no family as defined in regulation 2 of the Employees'Provident Fund Organisation (Staff Contributory Provident Fund) Regu-lations, 1960, hereby nominate the person mentioned below to receive theamount that may stand to my credit in the Fund, in the event of mydeath before that amount has become payable, Or having become payablehas not been paid: ~
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IDated this day of 19 .
at ------------------------~--
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Signature of subscriber
Two witnesses to signature:--
1.----.,-------
2.---'-------- ,-II
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*Where 3 subscriber who ha!'!no family rnakes a nomination, he shall ,sp~ify.in' thlscolumn- that-the nomination shall beco:ne invalid in the event of h~!'!sub-sequently acquiring a~'famiiy. . . . ,
-~,,,,...k-¥,...iI1
IV. When the subscriberthan one person.
(ijhas no family and wishes to
83
nominate more
I, having no family as defined in regulation 2 of the Employees'Provident Fund Organisation (Staff Contributory Provident Fund)Regulations, 1960, hereby nominate the persons mentioned below toreceive the amount that may stand to my credit in the Fund, in the eventof my death before that amount has become payable, or having becomepayable has not been paid and direct fhat 'Hi'e-~~id- .arnount shall bedistributed among the said persons in the manner shown below againsttheir names:-
._--------------------Name and I Relation- Age lAmount or 'Contingencies on Name. address andaddress of : ship with share of the happening of relationship ofnominees. subscriber. accumula lions which the nomi, person, if any, to
to be pad nation shall be· whom the right ofto each. come invalid. the nominee shall
pass in the event ofI his predecsing
the su bscriber,
II,
IDated this day of 19
at L- __
Signature of subscriberTwo witnesses to signature:-
1.----------
------------------------. IThis column should be filled in so as to cover the whole amount that may
stand. to the credit of the subscriber in the Fund at any time.2Where a subscriber who has no family makes a nomination, he shall specify
in this column that the nomination shall beco:ne invalid in the event of his sub-sequently acquiring a 'family.
.-'
P'~.:."---- ---~
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:84 (§.SECOND SCHEDUIJE (See regulation 7)
Provident Fund Account and Abstract Balance of each subscriber,~.
Name of subscriber . Appointment or appointments .held.under the Employees' Provident Fund Organisation Corres-ponding date (s) of appointment --'-------Account No. -- •••••••.- •••.- ••••..,-:.-Date of admission to .the Provident Fund:--------, Remarks orSpecial Provision, if any'----------
SUQsqiptionContribution by the
with -Monthtv (E,P.:F. .Organisaticn.draw- balance ----, ----.,--alsDn which Subscriber's with X4
interest ernolu- drawals:;;is calcu- ments dra- Elated wn o.nduty ~
or his leavesalary if heelects to. sub-scribe duringleave.
Pay on 31 st March Subscrip-0. f preceding year tion --~~--Rs, ... , , ' , R,efllflds To.~al
o.f.wlth-drawals.
----------(6)(3) (7)(2)(\) (8) (9)
AprilMayJuneJulyAugustSeptemberOcto.berNovemberDecemberJanuaryFebruarYMarchMarch(final)March(suppl.)To.tal", ,
Balance from- 19'. ",:, ..19•.Depo.sits and Refunds as above,Interest for J 9 .. ,. ,. , .19 ..
Contribution by the E. P. F,.organisartoo onRs. @ ..••.• " ..
, . -B.alancefrom·'19, , " 19 ....Interest for 19., .. 19~. , .ToJa~,.....
Total " .....D::duct -Withdrawals as-above.Bahnc;,on, JJst,MJI~~b, J ':/.,, Calculated-by
Deduct--:; Withdrawals as.above,.Balanceon -3I, March, -I 9.Checked, by
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1THIRD SCHEDULE" .
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(See Regulation 24)
o:fi.ce of the Central/Regional provident Fund Cornrnissione:'.
Name (Shri)-----------
EMPLOYEES' PROVIDENT FUND ORGANIS'ATION (STAFF CON1RIBUTORY PROVIDfNT FUND)
Annual Statementof Account for the ycar~--·
Rate of interest-:-----.---pcr annum
AccountNo .:
C01:HRIBUTI<;m. DURING THE
.,. ~ -:--, ••. 1 ._... _ ••
YEAR~_--L
Total of~ot¥
Refund 'of Interestwithdrawals dl!~ing ihe
y.~ar
Total-ofC91S.. (d),(~),~(f)
openiIlg'BaTaoce- .
11 ',.'Et?pI9yee'S Board's
Withdljawalsduring. -; (heyear' ..
Closing (a-"~)-(h) '- -
(f) (g): (11). '. (i)
Rupees
'(~i
IWPe~s
(~)(c)'
&uPees:'
(~) .RU'p'~~
(~~.
RUPy~s. Rupees Rupees Rup~esRu~ees'--
.--- ----~ --.-~'......o:,-:,~.-:-.. - •.••....,.,-"__ -:-~""G for ' CENi"~~L/~R~E~G~.t-O~N~A~L~'''~P~R~()':'!V~ID:'''E~N~S~F!'''U~N~D""".-.C-O~M~M~I~S~SI~O~NER.--~ Acknowledgement slip to be returned to the Central P:-ovideIl;t Fund Commissioncr/Regi~nal Provident Fund Commissioner .
I hereby acknowledge the receipt of the Annual Statement of my Provident Fund ACcount for the year 10.... : 9. . .. and acce:: tthe baran'C;:shown therein as correct. . . ,- ,
NAME .
FUND ACCOUNT NO , ' .
(1) Added vide Notification in Part Il Section 3(ii) of the Gazette of Indiadated the 5th August, 1962 under S. O. No. 1845.
-_._-_._-.......:....•.•..•....•.•.~-.--.~-- --_._ .._--_ ...-_ ...•-------.__ .-.-.•.~..
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as @§.ITRE EMPLOYEES' PROVIDENT FUNDS,' CENTRAL BOARDEMPLOYEES (ALLOTMENT OF RESIDENCES) RULES. 1972
[As amended up to 30th September, 1972]
ALLOTMENT RULES
1. Short titie and commencement:'- (1) These rules may be called theEmployees' Provident Funds, Central Board Employees (Allotment ofResidences) Rules, 1972;
(2) They shall come into force at Once.
2. AppLication:-These rules shall apply to the allotment of residen-tial accommodation hired or owned by the Central Board for occupationby otficers and other staff employed by it (hereinafter referred to as theemployees).
3. Definitions: -In these rules, unless the context otherwise requi-res,.-
II
II·
I·1iI
(a) "Act" means the Employees' Provident Funds and FamilyPension Fund Act, 1952 (19 of 1952);
- . .I(b) "allotment" means the grant of a licence to occupy a re::.ldehce
in accordance with the provisions of these rules;
(c) "allotment year" means the year beginning on the 1st January.or such other period as may be notifed by the CentralCommissioner;
(d) "Central Board" means the Board of Trustees con, .itutedunder section 5A of the Act;
(e) "Central Commissioner" means the Central Provident F'undCommissioner appointed under sub-section (1) of section5D of the Act; .
(f) "Chairman" means the Chairman of the Board of Trusteesconstituted under section 5A of the Act;
" .
"Deputy Commissioner" and "Regional Commissioner". ~eansrespectively the Deputy Provident Fund Commissionerand the Regional Provident Fund Commissioner appointedunder sub-section (2) of section 5D of the Act; \
(h) "eligible office"means an office of the Central Board, the emplo-yeesof which are eligible for accommodation under theserules;
(g)
'lPublisbed in Part n, Section 3 (i), of the Gazette o-!'India, dated the.... .-... vide Notification No. G.S.R. .. ·· ....
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@f(i) "i~moluments" means thetemchiments 'as ~defiried''in ~ule 45C
.of the Fundamental Rules, as app'l,i,c<l~leii.~m·'time to timeto employees of tire 'Central' Goverrnrrerrt, but excludingcompensatory allowance and the, references to pay andpayment from general revenues in the said rules shall be",,construed to mean pa,.y :al1(L such ,'pay'meAt~~Jtpm theAdministration Account 'Nos. 4 and '2 of ~he-::Fi.uid;
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Provided that in the' caseofaJl~mp16:yee' who' is u~der suspen-rsion, .thaiemcluments tlra)..vn'ihy',h~m\,0.Ijl.Ii.the(JitStday of.the allotment yearjnwhi:,?hh.e)~~,p)~cep.J~,nQer suspension,or, if he is placed under.suspension .on tU!=first day of the
allotment y':ear, the emolunientsdrawriby'Tiim immediately,',' . -before that date, shall ,be takentobe bi~.emoh,lments;
L"fami1Y.'.'.means the wife or.the,hU.:fS,'banU.;~'''''[lhec.a..se m.a.Y,be, 'and children, step-children, legally adopted children, parents, .'brothers ~'or sisters' as "are ortl,inarlly "resiilini£ with al~d '~re ,~.de#hderit'on "the ':employee;' ,,' . ". , '
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,(kf "pricrity.date" of an-emplcyee.in.relation.to ,a,tYP,e,of residenceto which' he is eligible under rule 5 'means 'the earliest dateffrom which he ;hC!s~fH~e:n;C'6ntjnlldusly"~a\Vlng':emolurrieritsrelevant: to 'a paTticufar:typ~ oi~i't'ni'gher'ltyJ;e"fn"'a"post;urtaerthe Centra! Board 'or'oriJfoieigri::setvi~€~~xCeptf,otpetititdstufleave;~ .:-':.;~":'~,---~::.'",:!:r ;. ":,-:.. ' .. ,:-:.
" ~:~'~,:;,:';',Pro:vJd~dthat in,r~sp'ect of a tYP~}I!}ype ~g~r'Jyp,eIV'Tes~del!ee, the~date .from which the officer has "been :c6i-i,tinl1oltsly.·'in<s.er0eeund~r the'C~nti<il'13oard including the ..p~Tio1i'ol"'foi~ign-s~rVic~:s4~11be his priority
-- date tor that type: " , .. ..' .,.:,.,.,~ ,
,.JPFi~ded·;funther.ithat -where th.e:,p;rrio:r.j,ty,.dilte~o:fitwo\or-more'~ ... .empleyees -~s,.t.!J.e.:same,,s~niQrJ.t;y:,~m.o.~.,them _shall be ,vs. ~,.,dete.;mjned-:- . "" 'of"'" :~_, • - ,::; ,-
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(i) by the amount of emoluments drawn:3by'J~~: suchemployee, :"the ,employe~. in .receipt- oLhigperer:p.~i t11pen~~}aking pre-,. 'C:e'den~e';o\rer'ihe"'eril.ploy~illn ~reeejpi:;of'1ow.ei:;.ehlol\lments; -
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(ijJ(n) "sub-letting" includes sharing of accommodation by an
allottee with another' person with or without payment of.rent by such other person, but does 'riot include a casualguest;
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\ -, £,' Explanation :-Any sharing of accommodation by an allottee withL=lose relations shall not be deemed to be sub-letting ;
, '(0) "temporary transfer" means a tran~fer which involves anabsence from the place of duty for a period not exceed-ing four months;
(p) "transfer" means a transfer from an eligible office to an in-eligible offiCe ;
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(q) "type" in relation to an employee means the type of resi-dence to which he is eligible under rule 5.
4, Albotment to husband and wife: Eligibility in cases of em-ployees who are married to each other.-(l) No employee shall be allot-ted a residence under these rules if the wife or the husband, as the, case
, may be, of such employee has already been allotted a residence, unlesssuch residence is surrendered :
Provided that this rule shall not apply where the husband andthe wife are residing separately in pursuance of an' 'oiderof judicial separation made by any court.
(2) Where two employees in occupation of separate residences,'allotted Under these rules marry each other, they shall,within one month of such marriage, surrender one of t11e 'residences.
(3)' If a residence is not surrendered as required under sub-rule(2), the allotment of the residence of the lower type or ifthe residences are 01 the same type, the allotment of suchone of them as the Central Commissioner may decide, 'shall be deemed to have been cancelled on the expiry ofthe period specified in sub-rule (2).
(4) Where both the husband and the' wife are employed un-der the Central Hoard the title of each of them to allot-ment of .residence, under these l"4~~s,.shall b~ consideredindependently.
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895. Classification of residences. Save as otherwise provided in
tttese rules, an employee shall be eligible for allotment of a residenceof the type shown in the table below :-
TABLE
Type of residenceMonthly emoluments of employees as on the first day ofthe allotment year in which the allotment is made
I
II
Less than R~. 11O!~
v
Less than Rs, 250/- but not less than Rs, j1 0/-
Less than Rs, 400/- but not less than Rs. 250/-
Less than Rs, 700/- but not less than Rs, 400/-
Less than Rs. 1300/- but not less than Rs , 700/-
Less than Rs. 1600/- but not less than Rs. t 300/-
RI. 1600/- and above.
mIV
VIVII
6. Application for aHotment.-(l) (a) An employee who seeksallotment of a residence or the continuance of the allotment of a resi-dence which has been allotted to him may, at any time, and shall, if so,directed apply to the Regional Commissioner in the case of employeesof the Regional Offices and to the Central Commissioner in the case 011
employees of the Central Office for this purpose in such form and insuch manner and by such date as may be specified by the Central Com-missioner.
(b)cThe Regional Commissioner shall forward the applications re-,/'ceived by him to the Central Commissioner for allotment of residences.
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(2) All applications received otherwise than in pursuance of a /direction issued under clause (a) of sub-rule (1) shall be .considered forallotment in the succeeding month if such applications have been receiv-(>0 before Jhe twentieth day of a calendar month. .
(3) Where an employee fails to make application or refuses tcl'/accept the allotment of a residence made to hlmfhs House Rent Allow-,.ance admissible to him shall, unless waived by. the Central Commissio-ner, f?r reasons to be recorded in writing, be liable to be forfieted.
'.7. AHo.tment Of res.idences.-(l) Save as otherwise provided inthese rules, a residence as soon as it becomes available shall be allottedby the Central C'ommissio~er to an applicant having 'the' earliest pdority
90.:
da-te for. that type of residence subject to the following conditions,namely
(i) The Central Commissioner shall not allot a residence of atype higher than that to which the applicant is eligibleunder rule 5.
(ii) The Central Commissioner shall not ordinarily allot anapplicant or' employee a residence of a type lower thanthat to which he is eligible under rule 5:
Provided in exceptional circumstances and where the availabi-lity position of the accommodation so warrants, the Cen-tral Commissioner may allot an applicant or employee aresidence of a type lower than that to which he is eligibleunder rule 5. But such allotment shall be made onlyafter offering all employees eligible to that type of acco-mmodation and where such employees have refused toaccept the offer of allotment :
Provided further that in cases of allotment under the first pro-viso above the recovery of rent from the employees shallbe at the rate of. 10· per cent of their emoluments Or thestandard rent calculated under the Fundamental Rules,. asapplicable from time .to time to employees of the Central _Government.. or 10 percent of the maximurnemolumeptprescribed for the lower type of accommodation' actuallyallotted whichever is the least : .
provided, further that refusal to accept the allotment under thefirst proviso above shall constitute refusal within themeaning of. sub-rul., .(3) of rule 6.
(ill) The. Central Commissioner On request from an applicant.for allotment of a lower type of residence may, on thebasis of his oriority dat~ allot to him a residence nextbelow the type. for..which he is eligible under rule (5, if itis.available, .
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(2) The'. Central Commissioner mayc-cancel existing' allotmentof an employee and allot to him an alternative residence of the sametype' or. in. emergent. circumstances. an alternative residence ..of> tbe . typenext below the. type-of residence in', occ_up~tiono:f Jhe.mnpl~Yee,. 'if thetresidence in occ.up<].tii1P"of.the.offieer is. required ..to. b~ taken.
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~ 91(3) A vacant residence may, In addition- to allotment to an ern-
ployee under sub-rule (1), be offered simultaneously to other eligibleemployees in order of their priority dates.
8. Maintenance of separate pools for certain categoriesand staff.-(I) Notwithstanding anything contained in thesefollowing pools shall be maintained, namely :-
of officersrules, the
(i) Pool of residences for Central Commissioner, Deputy Com-missioner and Regional Commissioners.
Ill) Pool of residences for officers on deputation to t he CentralBoard.
(iii) Pool of residences for 10 per cent of permanent staff.
(iv) Pool of residences for some essential staff.
(2) The number and the type of residences to be placed in thesepools shall be determined by the Central Commissioner from time totime.
(3) Inter se seniority of the employees eligible for allotment ofresidences under this rule shall be determined in accordance with the'dates of their appointment to the posts which entitle them for considera-tion of allotment of residences included in the pool.
9. Out of turn al1otments.-{l) Notwithstanding the provisionsof rule 7, allotment of a residence ~ay be made by the Central Corn-missiorier on an out-or-turn basis to an employee on grounds of seriousIllness of such employee or of a member of his family, in consultation,if considered necessary, 'with the prescribed medical authority.
(2) The priority date for out-of-turn allotment shall be date onwhich the application of the employee for out-of-turn allotment is re-ceived by the Central Commissioner.
10. Non-acceptance of allotment or offer or failure to occupythe allotted residence aiter acceptance.---<{I) Without prejudice to theprovisions of sub-rule (3) of rule 6 where an employee fails to acceptthe allotment of a residence within five days, or fails to take possessionof that residence after acceptance within eight days, from the date ofreceipt of the letter of allotment, he shall not be eligible for anotherallotment for a period. of one year from the date of the letter of allot-ment.:
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92(2)-If an employee occupying a lower type of residence is allotted
at' offered a residence of the type for which he is eligible under rule 6or for which he has applied under clause (iii) of sub-rule (1) of rule 7,he may, on refusal of the said allotment or offer of allotment, be per-mitted to continue in the previously allotted residence on the followingconditions, namely :-
(a) that such an employee shall not be eligible:£o1"l anotherallotment for a period of six months from the date of theletter of allotment for the higher class of accommodation;
(b) subject to the limits prescribed in clause (c), while retain-ing the existing residence the employee shall be chargedthe same rent which he would have had to pay underFundamental Rule 45-A, as applicable from time to timeto employees of the Central Government, in respect of theresidence so allotted or offered or the rent payable in res-pect of the residence already in his occupation, whicheveris higher;
(C) (i) the charging of the rent at the higher rate, envisaged inclause (b) shall be restricted to a period of one year fromthe date of receipt of the letter of allotment of the highertype of ·residence or upto the date on which the employeegets another allotment of a residence of a type higherthan the one already in his occupation if such an allot-ment is made within the. aforesaid period of one year;
(ii) Where the employee again refuses the subsequent allot-ment, the' period of one year shall commence afresh fromthe date of receipt of the subsequent letter of allotment.
11. Period [or which allotment subsist» and the concessionalperiod for further retention.-(l) An allotment shall be effetcive fromthe date on which it is accepted by the employee and shall continue inforce until:
\(a) the expiry of the concessional period permissible under sub-
rule (2), after the employee ceases to be on duty in aneligible office; or
(b) it is cancelled by the Central Commissioner Or is deemedto have been' cancelled under any of the provisions. ofthese rules; Or
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(c) it is surrendered by the employee, or
(d) the employee ceases to occupy the residence.
(2) A residence allotted to an employee may, subject to sub-rule(3), be retained on the happening of any of the events specified incolumn 1 of the Table below for the period specified in the correspond-ing entry in column 2 thereof, provided that the residence is required forthe bonafide use of the employee or members of his family.
TABLE
Cl) (2)
Events
(i) Resignation, dismissal or removalfrom service, termination of ser-vice or unauthorised absence with-out permission.
(ii) Retirement or terminal leave.
(iii) Death of the allottee.
(iv) Transfer to a place outside thestation of allotment of resi-dence.
(v) On proceeding on foreign servicein India.
(Vi) Temporary transfer in India ordeputation to a place outsideIndia.
(-rii) Leave (other than leave prepara-tory to retirement, refused leave,terminal leave, medical leaveor study leave).
(viii) Leave preparatory to retirementor refused leave granted underFundarnenal Rule 86.
(ix) Study leave or deputation outsideIndia.
(x) Leave on medical grounds.
. '(xi) On proceeding on training.
Permissible period for retentton of theresidence
month.
2 months.
4 months.
2 months.
2 months.
-1 months.
For the period of leave but not exceeding4 months.
For the full period of leave CJn full averaaepay subject to a maximum of 4 monthsinclusive of the poriod permissible in thecase of retirement.
For the period of leave but not exceeding6 months.
For the full pc;riod of leav•.
For the' full period of training .
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Exp!anation.-.The ',period'pennii'isible:on 'trarui'.fer mentioned againstitems (iv) and (vi) shall count form the date of relinquishingcharge plus the period of leave, if any, sanctioned to, and availedof by, the employee before joining duty at the new office,
(3) Where a residence is retained under sub-rule (~), the allotmentshall be deemed to be ca~celled On the expiry of the admissible conces-sional period unless immediately on the expiry thereof the employeetr-sumes duty in an eligible office.
(4) An employee who has retained the residence by virtue or theconcession under item (i) or item (ii) of the Table below sub-rule (2)shall, on re-employment in an eligible office within the period specifiedagainst the said items in the said Table, be entitled to retain that resi-dence and shall also be eligible for any further allotment of residence :
Provided that if the emoluments of the employee on such re-em-ployment do not eititle him to the type of residence occupied my him,he shall be allowed a residence of a lower type on the occurenca of avacancy.
12, Prouisums relating to rent.-(l) Where an allotment of acco-mmodation or alternative accommodation has been accepted, the Iiabi-lity for rent shall commence from the date of occupation Or the eigtlidays from the date of receipt of the letter of allotment, whichever isearlier.
(2) An employee who, after acceptance fails to take possession ofthat accommodation within eight days from the date of receipt of theletter of allotment, shall be charged rent from such date up to a periodof one month or up to the, date of re-allotment of that particular acco-mmodafion whichever is earlier. '
(3) Where an employee, who is in occupation of a .resldence, isallotted another residence and he occupies the new residence, the allot-ment of the former residenc shall be deemed to be cancelled from thedate of occupation of the new residence :
Provided that the employee may' retain the former residence;without payment of rent for that day and the subsequent day ,:for.shift-ing.
13. Personal liability of the employee for payment of rent tillthe residence is vacated and furnishing Of S'UT'ety 'b'!J'tempot~ry"' 'em-plqyees.-:--(l) The employee-to whom --a residence 'has-been'a1l6tted'
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under these rules shall be personally liable for the payment of rentthereo] and for any damage beyond fair wear and tear caused theretoor to the furniture, fixt~res or fittings or services provided thereinby the Central Board during the period for which the residence hasbeen and remains allotted to him, or where the allotment has beencancelled under any of the provisions in these rules until' the residencealong with the out-houses appurtenant thereto have been vacated andfull vacant possession thereof has been restored to the Central Com-missioner.
(2) Where the employee to whom a residence has been allottedis not a permanent employee of the Central Board, he shall furnisha surety bond, in the form that may be prescribed in this behalf by theCentral Commissioner, from a permanent employee of the CentralBoard for the due payment of rent and other charges due from him inrespect of such residence, services Or any other residence provided inlieu.
(3) Where the surety ceases to be in the service of the CentralBoard or becomes insolvent Or withdraws his guarantee Or ceases to beavailable Ior any other reason, the employee shall furnish a fresh bondexecuted by another permanent employee of the Central Board -as asurety failing which the allotment of the residence to him shall, unlessotherwise decided by the Central Commissioner, be deemed to havebeen cancelled with effect from the date of occurrence of any' of theevents aforesaid.
(4) An employee shall also render himself liable to disciplinaryaction and to such punishment as may be decided upon by. the CentralCommissioner in the cass of any breach of this rule.
14. Surrender of an allotment and period of notice.-(l) An em-ployee may, at any time, surrender an allotment by giving intimationin that behalf so as to reach the Central Commissioner at least tendays before the date of vacation of the residence :
Provided that the Central Commissioner may accept a notice for ashorter period.
(2) The allotment of the residence shall be deemed to be can-celled with effect from the eleventh day after the day on which' theletter is received by the Central Commissioner or the date specified inthe letter" whichever is later.
(3) Where an employee fails to give due notice, he shall be res-ponsible for payment of rent for ten days or the number of days bywhich the notice given by him falls short of ten' days. .'f
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15. Cha'rLgeof rreside<nce.-(l) An emnlovoa to whom a residencehas-been· 'allotted under these rules may apply for a change of residence.within the same .type :
Provided -that-an -employee shall not re allowed more than one'lchange in respect of one type of residence.
(2) .Changes shall' be offered in the order of receipt of applica-t ions for the same in the office of the Central Commissioner.
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(3) If an employee fails to accept a change of residence offeredto him within; five' days of the receipt of such offer for allotment, he'shall" not ..be considered' again for a change of allotment of that type.
(4) An employee who, after accepting the change of residence,fails' to take- possession ·of the same, shall be charged rent for suchresidence in accordance with the provisions contained in sub-rules (1)and (2) of rule 12, in addition to the normal rent under rule 45-A of.the 'Fundamental Rules, as 'applicable from time to time to employees'01' . the 'Central Government, for the residence already in his possession,'the allotment of which shall continue to subsist.
16. Change olf residence in the event of death of a member Of thefamj.ly.-An employee 'may be allowed a change of residence on thedeath of any member of his family if he applies for' a change withinthree months of such occurrence, provided that the change shall begiven in the same type of residence as already allotted to the employee.
1,'. Mutual exchange of resi'dence.-(I) Employees to whom resi-dences of the same type'have been allotted under these rules may applyfor permission to mutually exchange their residences.
(2) Permission for mutual exchange may be granted if hothijth~ eniuloyees are reasonably expected to be on duty under the Cen-tr al Board and to reside' ,in their mutually exchanged residences for.at Ieast. six months from the. date of approval of such exchange.
18. Maintenance of residence.-(l) The employee to whom a resi-,dp.DCe·ihasbeen.caklnttedrshall .maintain the residence 'and premises. in a'c>lran,.condition, .to, the· satisfaction of. the. Central Commissioner.
(2) . No-tree, shrubs or plants shall, be grown . contrary to theinstructions issued by the Central .Commissioner nor shall any existing.-:tr.f'eoor;shlJUb"be,(Jut,-or.lopped-off in any garden, courtyard or compound,a:ttached to. the-residence.. save with the prior permission in writing oflbe Central Commissioner.
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of(3) Trees, plantation or vegetation grown In. contraventionthis rule may be caused to be removed by the Central Commissioner atthe risk and cost of the employee concerned.
19. Subletting and sharing of residencc3.- (1) Nb employee shall"share the residence allotted to him Or any of the out-houses, garages' and,stables apj.ur teriant thereto except with the employees of' the 'Central. Board eligible for allotment of residences under these rules.
(2) The servant's quarters, out-houses, garages and' stables- ::;haIr~be used only for bona-fide !iurposes, including -residenc., of- the servants'of the allottee, or for such other purposes as may be permitted iby theCentral Commissioner.
(3) No employee shall sublet the whole of his residence' :
Provided that an employee proceeding on leave may accom-modate in the residence any other employee eligible forallotment of. accommodation under these rules, as ,·a -care-taker, for a period not exceeding six months, with the,prior permission of the Central Commissicner..
(4) Any ~ployee who shares Or sublets his residence shallso at his own risk and responsibility and shall remain personallv,ponsible for any rent payable in respect of the residence and -for
dores-any
damages caused to the residence or its precincts or grounds or servicesprovided therein by the Central Commissioner beyond, fair wear. and.tear.
20. Consequences of breach of rules and conditions.-(l) Wherean employee to whom ~ residence has been allotted unauthorisedly sub-lets the residence or charges rent from the sharer ata rate which theCentral Commissioner considers excessive, or erects any uriauthorised'structure in any part of the -residence, or uses the residence or any'portion thereof for any purpose other than that for which it is meant. or'tampers with the electric or water connection or commits any' other'breach of the rules, Or of the terms and conditions of' the allotment;' or,uses the residence or premises or 'permits Or suffers the residenceor. premises to be used for any purpose which, theCentral Commissioner considers to be improper, or conducts himself ':in'a manner which in his opinion is .prejudicial to the 'maintenance of'2har-'monious relations with his neighbours, or has knowingly fur-nished -in-:c~rrect inform~tion in any" application or written: ~t~tement,rwith"'a~ ~VIew to seCUrIng the allotment. the Central Commissioner may' cancel-t.he allotment of the residence.
. ._ Eiplanati?n.-In this clause, the expression "employee" includes; unless, ·the'!
context otherwise requires, a member of his family and any person claiming ,through the employee,
98(2) Where an employee has in any application for allotment or
statement relating thereto suppressed any material fact and obtained,an allotment, the Central Commissioner may cancel i ths allotment witheffect from the date he became ineligible for allotment of, the accom-modation.
t r (3) (i) Where action to cancel the allotment is taken on account\/' of unauthorised subletting of the premises by the allottee" a period of:\i sixty days shall be allowed to the allottee and any other person residing,\ with him therein to vacate the premises. '
\\ (ii) The allotment shall be cancelled with effect from the date ofvacation of the premises or expiry of the period of sixty days from thedate of the order for the cancellation of the allotment, whichever isearlier.
(4) Where the allotment of a residence is cancelled for conductprejudicial to the maintenance of harmonious relations with neighbours,the employee may, at the discretion of the Central Commissioner, beallotted another residence in the same type at any other place.
(5) The Central Commissioner shall be competent to take all orany of the actions under clauses (1) to (4) of this rule and also to declarethe employee, who commits a breach of these rules and instructions:issued to him; to be ineligible for allotment of residential accommoda-tion for a period not exceeding three years.
21. Overstayal in residence after cancellation of ollotment.:«Where, after an allotment has been cancelled or is deemed to, be can-called under any of the provisions of these rules, the residence-remains- -or has remained in occupation of the employee to whom it was allottedor of any person claiming through him, such employee shall ,be -Iiable
• to pay damages for use and occupation of the residence, services;' fur-
l!ni~ure and garden charges, equal to the market rent as may be. deter--,mmed by the Central Commissioner from time to time: .
Provided that an employee, in special cases, may heaUqwed:by,the Central Commissioner to retain a residence on paymenv'of-, twice
, ',~,-; -; '"'the standard rent under rule 45-A of the Fundamental Ru1e's,';1ls'.d1PRIHcable from time to time to employees of the Central Governr~r~i}t,:;:-dri'twice the pooled standard rent under that Rule whichever is:J:{i!nler,'cron:a period not exceeding six months. .-.,'~';-,',:', ,-
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" 99allotment duly made under these rules' notwithstanding that the em-ployee to whom it has been made is not entitled to a residence of thattype under rule 5 and all the preceding provisions of these rules shallapply in relation to that allotment and that employee accordingly.
23. Interpretation.-I£ any question arises 'as to' the interpretationof these rules, the· same shall be decided by the Central Commissioner.'
24.' Po'tQer to' rel~.'T:-The, Central Corrrmissioner.rmay, for reasons2~ to be recorded in writing, relax all or' any of the provisions of these<:» rules in the case of any employee or residence .or class of-employees or
type of residences.,
25. Delegation of powers,-The Central Commissioner maydelegateany or' all of the powers conferred on him by these' ruies to' any officerunder his control subject to such conditions as he may deem fit to im-pose.
26. In respect of matters for whichnd. provision. or insufficientj~ provision has been made in these rules, the rules or orders applicable~ from time to time to the corresponding categories ~f Central Govern-j merit servants shall apply.
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Employees' Provident Funds: Organisation.
Office of the. -_. -------,--
Form-or the- application for allotment .of residence for the-year. _
1. .(£1) Name Shri/Shrimati/Kumari ---------(in block letters) --..
(b) Present designation
(c) Partrculars .of permanent post held ..__ . . .
2:- (a) Emoluments as on the l st of January, 19-:
Allottee
Non-allottee
-----~.-------~-----,-
Pay SpecialPay
:Ccputation(Duty) -
all O'V2.n ce
@ Pensionin addi-tion topay, ifany
DearnessPay
(b) Date since when the emoluments in (a) above are beingdrawn.
--- ----------
3. *Type to which entitled asd priority date thereforType of accommodation
Appropriate type
Next below type ----
4. Particulars of the residence, if any, allotted
TOTAL
Priority date
(a) Does the applicant stand debarred from allotment of re-sidence?
(b) If the reply to (a) above is in the affirmative indicate thedetails thereof.
(i) Period
(ii) Letter No. and date.
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6. Is the Officer entitled' to 'rent free accommodation?
Yes/No.
7. (a) Whether the applicant, his .wife/h~r husband or dependentchildren own a house at the Station of duty? If so, give parti-culars.
House No.and Street
Relationship with the ownerand extent of ownership
(b) If already declared eligible, give No. and date of the letter.
Letter No. and date :
8. Particulars of surety in case of officers not holding a permanentpost
1. Name.
2. Parmanent post held.
3. Office to which attached.
4, Does the surety subsist ?
Certified that I have read all rules governing the allotment of re-sidences and declare that the particulars given by me above are correctand that the allotment to be made to me or already made shall besubject to these rules and subsequent amendments, if any, thereto.
Signature
Office to which attached.
Dated:----
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102FOR USE IN OFFICE
Particulars of residence allotted
Dated initials of the clerk
Dated initials of the Office Superintendent/Head Clerk
Dated initials of the Central Commissioner
((VU ote.-Pension includes the portion of the pension equivalent to death-cum-retirement gratuity and the portion of pension commuted, if any.
*Fill "Next Below" particulars only if accommodation in "NextBelow" type is desired.
Pay range Type
Rs.
1600 and above VTIVJ
V
1300 and 1599
700 and ]299
400 and 699 IV250 and 399 TIT1]0 anrl. 249 II
Below 110 I--_._._------- --
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103
-SCHEDULE 'B'·SURETY BOND
Son of at present enaploy-I, Shrihereby stand suretyin the ---
(which expression shall include my heirs, executors and administrators)to the Chairman of th~ -Ceritral Board of Trustees for payment by Shri
at present employed as-
ed as
of rent and other dues in respect of residence now allotted to him by theCentral Commissioner as also for any residence that may be allotted tohim from time to time by the Central Commissioner.
;,
I, the surety, hereby undertake to indemnify the Central Com-missioner against all loss and damage that may be sustained by or caus-ed to the Central Commissioner by reason of allotment of residence tothe said until delivery of vacant possession of thesame is 'made To-theCentral Commissioner. I, the surety, herebyfurther undertake to pay to the Central Commissioner forthwith ondemand by the Central Commissioner and without any demur all suchsums as may be due to the Central Commission~r!iS aforesaid and Ihereby agree that the Central Commissioner shall be at liberty (and ishereby irrevocably authorised to do so) to recover the said sums fromthe salary payable to me and the decision of the Central Commissioneras to the amount so to be recovered shall be final and binding on me.
The obligation undertaken by me shall not be discharged -or -inany way affected by any extension of time or any other indulgencegranted by the Central Commissioner to the, said Shri (Name of allottee)__________ or by any other matter or thing whatsoever whichunder the law relating to surities would but for this provision have theeffect of so releasing me from my such liability, This guarantee shallbe revocable at any time or discharged by my death so long as the saidShri (Name of allottee) continues to be in occupa-tion of any such residence, servants quarter, and/or garage.
The Central Board has agreed to bear the stamp duty, if any, pay-able on this document.
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Signed and delivered by the said ------- at -------'-.--
the day of --------19 ....
Signature,
Address and Occupationof witness
(Signature of Surety)Designation
Office to which attached.
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Certified that the above surety is a~perl11anent. employee 0f thisOffice / Organisation.
.Accepted
Signature of the Head .of theOffice in which the Surety isemployed.
.F~)rand on ·behalf of the
. Board of Trustees.
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EMPLOYEES PROVIDENT (GRANT OF ADVANCES TO OFFICERSAND STAFF OTHER THAN COMMISS!ONERS FOR BUILDING
PURCHASING OF HOUSES) RULES 1965
[As amended up to 30th September, 1972].
. -In exercise of the powers conferred by sub-section (7) of section
5D of the ~mployees' Provident Funds Act, 1952 (19 of 1952), theCentral Board, with the approval of the Central Government, herebymakes the following rules, namely :-
1. Short title and commencement.-(1) These rules may be calledthe Employees' Provident Fund (Grant of Advances to Officers and Staffother than Commissioners for building/purchasing <;>fhouses) Rules, 1965.
(2) They shall come into force at once,..
2. Definitions.-In these Rules, unless the context otherwiserequires-
(a) 'Act' means the Employees' Provident Funds Act, ~952'(19 of 1952)
(b) 'Board'. means the Central Board' o'i Trustees c-onstitutedunder Section 5A of the Act or until such Board' Is con-stituted means the Central Board of Trustees constitutedunder paragraph 3 of the Employees' Provident FundsScheme, 1952 ;
(c) 'Chairman' means the Chairman of the Central' Board ofTrustees;
(f) 'Organisation' means the Employees' Provident FundOrganisation>
lSubstituted vide G.S.R. 143, dated the 25th January, 1969.
(d) 'Employee' means a person appointed' to or' borne on thecadre of the staff. 'of the .EmpI~yees' . Provident FundOrganisation'. sr-
(e) 'Form' means a form included in the Schedule to these. Ruies. ..
I(ee) 'House' includes a fiat:
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(g) 'Sanctioning Authority' means the authority competent to. ,_sanction advanC~4 under these Rules, and
(i) in relation to the employees holding posts in respect ofwhich the -Regional Provident Fund Commissioners arethe appointing authority; it is the Regional ProvidentFund Commissioner of the Regional Office wherethe, employee concerned IS serving ; and
(iif in r'elat ion to' the employees other than those mentionedin clause (i), it is the Central Provident FundCommissioner.
(h) 'Service' means service under the Employees' ProvidentFund Organisation.
3. ~4.pplicatl:on.-Subject to the- generality of the provisions con-tained in rule 4, these Rules shall apply to every whole-time employee,other than the Central Provident -Fund Commissioner, Deputy ProvidentFund Commissioner, and Regional Provident Fund Commisionersappointed under sub-section (1.) and .(2) of section 5D of t,he Act.
4. Eligibility for grant of advance.-(l) Subject to the provisionsof sub-rule (2), an employee 5,h9.11-be eligible to draw advances underthese Rules' If he belongs to anyone of tl1efoJlowing categories
j;
(a) -Permanent -employees; .::~
(b) Employees not falling in category (a) above but who haverendered at Ieast lOyears' continuous service,:prQvided:-
(i) they.ido not hold a perrnanerit appointment under theCentral: ~v,ernment or-,a -State Government 01'. a publicund_~rta~mg!~emi""GoverD-rneptOrganisation or a statu-tory body other than ths Employees' . Provindent FundOrganisation ; and
(ii) the sanctioning authority is satisfied that, they are likely tocontinue in service at least till the house for which theadvance is sanctioned.-Is - buiU- 'and mortgaged to theChairman.
(2) When both the husband and wife are- employees and eligiblefor the grant ofan advance, it shall be admissible to only one of tl1em•
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5. Conditions to be fulfiHed.-An applicant for the . grant of anadvance must satisfy the following .conditions :~
(1) 1[The total cost of the house to the built/purchased 2(excludingthe cost of residential plot; as mentioned in the sale/leasedeed of land/house/plot) 3ha11 not exceed seventy fivetimes his monthly payor Rs. l,OO,OOO-whicheveris less,and the applicant shall not have availed himself of anyloan or advance for the acquisition of a house from anyother Government source, such as the 'Department of Re-habilitation, or a Central or State Government HousingScheme. Advances may also be granted in cases where thecost of the house to be built/purchased 2 (excluding thecost of residential plot as rrreMioned in the sale/lease deedof and/house/plot) does 'not exceed Rs. 30,OOO-everthough. it may exceed seventy five times the pay of anemployee: ]
Provided, however.. that where the loan, advance, etc., already. availed of by an applicant does not exceed the amountadmissible. under these Rules, it would be open to him to'apply for an advance under these Rules, on the conditionthat he undertakes to repay the outstanding loan, advance,etc., (together with interest, if any, thereon) forthwith, inone lump sum, to the authority which sanctioned theearlier loan/ advance.
(2) In 'case where an employee makes, or has made, a final with-drawal from his Provident Fund Account in connectionwith the construction/acquisition of a house or a residen-tial plot in addition to availing of an advance under theseRules, the total amount of the advance sanctioned underthese Rules' and that withdrawn from the Provident Fundshall 3[not exceed seventy-five- times] his monthly payorRs. 1,00,000I: whichever is less.
(3) Neither the applicant inor hi:s/her wife/husband, minor childshould own a house. In- exceptional circumstances. theCentral Provident Fund Commissioner may relax thiscondition, as, for example, in a case where, the applicantor his/her wife/husband, or minor child Owns a house in
---_._----------------.----1Substituted' by G.S.R 1043 published in the Gazette of India, Part H,
Section 3; Sub-section (i). dated the I?th July, 1971.QAmended vide Notification No. G.S.R. dated the 25th .July, 1972.r.Substituted vide Notification GS;R .. 1053.dated' the 24th April, 1969. pub-
lished in the Gazettei of India, Part H, Section 3, Sub-section (1) dated the 3rd'May, 1969..
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108a village and the applicant desires to settle .down in atown ; or where an applicant owns a house jointly withother relations, etc., but desires to build a separate housefor himslef /Iierselfv,
(4) The floor area of the house to be constructed or purchasedshould not be less than 380 sq. ft.
6. Purposes for which advances may be granted.-An advance maybe ~ranted for :-
(1) Construction 01 a new house '[including the acquisition ofa suitable plot of land for the purpose], either at the placeof duty 01; at the place where the employee proposes tosettle after retirement 2* * *.
8[(lA) Purchasing a ready-built house which has not been livedin since its construction, if the agency offering it for saleis a Government "or a semi-Government Or an autonomousinstitution like the City Improvement. Trust, ·[Registeredco-operative Society] etc ;
Provided that-
(a) the amount of the advance shall not exceed 1[60] months'pay of the employee and shall be further restricted to80% of the total cost of the house or 1[Rs. 50,OOO~]whichever is less ;
(b) the advance shall be admissible only .for an outrightpurch asj, and not for the acquisition of a house undera hire purchase agreement ';
(c) the' employee' acquires the right to -mortgage the houseto the Board; and
-----------.-----------~~-------------------lSubstituted vide' G.,S.H: '1043 published in the Gazette of India, Part n,
Section 3, Sub-section (i) dated the 17th July, 1971., 20rnitted vide Notification No. G.S.R. 1053 dated the 24th April, 1969 pub.,
lished in the Gazette of India,. Part 'n, 'Section 3. Sub-section (i) dated the 3rdMay, 1969. ' . ' . ...
3Iilserted .vide ~Notification.No. G.:s.R. 10q3 iqid. ,4In~e~ted vid~'Notifi~aHon No. G.S.R. 150 dated the 7th Januarv.. 1972 pub-
'Tished in the Gazette of India, Part U, Section 3, Sub-section en dated The 5thFebruary, 1972.
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(dFthe~.total.cbst :.of~the hQuse does uiot =-exceed the ceilingprescribed in sub-rule (1) of- 'rule 5.}·· .
tprovideg further that in case of purchase of a ready-built house;flat from a Registered Co-operative Society, the applicant shall in additionto the documents provided for under these rules, furnish the following:-
(i) A letter from the Registrar of Co-operative Societies of theconcerned State indicating whether the Society is registered
. with him ; .
(ii) an attested copy of the Society's title deed in respect of theland on which the house/flat has been built along with anaffidavit from the Society to the effect that the land isfree of all encumberances ;
(iii) a certificate from the Society's lawyer that the property isfree from encumbrances ;
(iv) an attested copy of the offer of sale of the house/fiat to theapplicant, indicating the total cost of the house/fiat, (costof land under the house being shown separately where thehouse along with the land is being sold to the applicant).in terms of allotment and payment, etc;
(v) a copy of the plan and detailed specifications adopted inconstruction of the house/flat;
(vi) the accommodation available;
(vii) an attested copy of the sale deed proposed to be executedby the Society in favour of the applicant ;
(viit) a letter from the Society stating that there is no objection tothe house/flat being mortgaged to the Chairman on sucbterms and conditions as may be prescribed by it;
(ix) an attested copy of the Bye-laws of the Society; and
(x) adequate Collateral Security to the satisfaction of the sane-. Honing authority wher., the la~d OnwhIch the flat has been
. 2Added,--,.:vtdeG.S.R No.. 150, dated '1th January,:- 1972; pub1ished:in theGazette of India-Part rr, Sectlbn 3(iX~.dated. the: 5tli- February, }972. _.'
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built i~ not roortga.geq by the Society in- favour of theChairmanas a security towards repayment of the advance.
no
(2) enlarging living accommodation in an existing house ownedby the employee concerned :
][Provided that the total cost of the existing structure includingland and the proposed additions and expansions does notexceed seventy-five times his monthly paYorRs. 1,00,OOO-whichever is less. Advances may also begranted in cases where the total cost of existing structure(including land) and the proposed additions and expansionsdoes not exceed Rs. 30,00O-even though it ' may exceedseventy-five times the pay of an employee].
(3) the repayment of a loan or an advance taken from a Govern-ment source, as contemplated in Rule 5(1) of these Rules.This facility will, however, not be available, if the con-struction of the house has already commenced.
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7. Amount of advance.-(l) Not more than one advance shall besanctioned under these Rules to an employee during his/her entireservice.
(2) Subject to the provisions of sub-rule (4), an applicant may begranted an advance not exceeding an amount equal to 160, times hismonthly pay, including officiating pay (except where drawn in a leavevacancy), dearness pay, personal pay and special pay, but not pay drawnin a short or fixed term of deputation duty, subject to a maximum of'{Rs, 50,OOO-incases falling under sub-rule (1) of rule 6 and Rs. 15,000/- incases falling under sub-rule (2) of rule 6.]
(3) Notwithstanding anything contained in sub-rule (2), butsubject to the provisions of sub-rule (4), a; low paid employee may begranted an advance up to Rs. 4,800/- irrespective of the pay drawn by him-
(4) The actual amount of the advance to be granted will le deter-mined by the sanctioning authority on the basis of the plans and detailedspecifications and estimates to be _furrrished by _the applicant in -justifica- -tion of the amount of advance applied for, and shall be restricted to theestimated cost of construction/purchase within the ceiling amounts if'sub-rules (2) and -(3) and- subject to the further condition that l[in caseof construction in rural areas the amount of advance will in no case
- '2Substifuted by G:S.R. ,1043 -pub1ishedin·the-Gllzett~ cif Indl~. :Pat.t- H,Secetion 3, Sub-sectiorr-H)'dated th{!17th JUly, ,19'11. . __--..>._
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exceed ~O.%of: the-actual. eostorthe.Jand.and .:construction o! the houseor ..the actual cost of . enlarging ,living: accommodation.I . The aforesaidc~gditi9l!- of ~W% may be relaxed by the, sa.tlctioni~g. authority where itis eatisfled thl!t· the- rural area. in which the employea, proposes to con- .struct the house-or enlargeHving-accomodation falls Qn the periphery'Qf \l town or-city. Th~'an1Qunt olothe advance will furtherbe'restricte~'t~t t~.eB,ITl()l!nt,whichlan employeePi1nJepaypartly.fr.0IT!- his gratuityI',de,lC\{h,cym-rettf€rrlfPL·gratuity,and, partly, by, convenient monthlydeduc-.tions .Irom his pay, before=the -date .oehis superannuation, according to'tb~is~rvi<;:erules applicabl~~9,.p.irpr::.. ,. ,.,' ; ~ -," . ,
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(i) An amount .not': ~xceedirig 20' pE!r cent of .the sanctionedadvanes -will beqwial;>le:,;to.the-appli'cant for pqr.chasiiig; a ;.'developed -pIQt~J2t)~hd-:()~.w~hi<;h:,co~struct~8n ' , c~I,1..~om:.mencs .Irnmediately z:on' rec~rpt"9f ':the loan,. 'on his execu-'
··-.,:~~.gi~:r:!;~~~~!~~~(Jr':~~;~;:;":~.i~;~f~!~~~1Kl:~~~h:<·'·:;·'.part, o('Jpe .a " ..'giv.enJfo~t}y~ :pur~ila~e or. ~aIld,theland' "" '. ~ d;the;s~l~l,de~~J~~·2I:esp~ct'theN.,<'
"u,,,n.,r>lr,,, •.•"ot "ihe#~ctibnirig .a\lthgrity;. ~'"whiC:lit thJ'aforesal~"
;,oiwithin' ~uch',"further" ,:rri_d~;~;lJoW~;,),~-,thif;:jj:~t ,.•sKaiL~'be-lia'm~'~'to;r~fund; , ,'.
.}he ::0~-i~Ai~'~t,i9~"tpgeih~~r,~"'~"-";:C "":;:::~r1':f'c<;,-,} '~';'t'-)':;/'r:':~.
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" (5) For the pUI'pci!'eof ·.c~l<;J.llat·ingthe"· capacity t~ repay theadvance, envisaged in s.tib-n.lle,(1)\,:,H:·-,~m beassumed th.~t an applicantcangenerallycorrUnerice ,rep~ym~i-it"of the advance one ~year 'after thedate of approval 9£ the advance'by' the sanctioning 'ilUth~rity and that aninstalrrient calculatedupto' 33:1/3'berce'ut o(his pay will bewithih hispa~hhg·capacitY -,·, ,_,' . ,", '.'
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8. DfsbuTM1nerit~ and ;S~ciirityi~'(i) . If (A)]. 'An ~dvariCe'requiredpartly' for ·the .purcha'se '~f l~n-d aficf partly .Ior co~stiJc!tiilg~a single
. storeyed new house or enlat'ilnFi'iVihga~corPmocfati6ri id an existinghouse shall be paid as foli.6ws· '. "; ..
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favour of j;he Chairman. the 'land purehased. by him .alongwith the house to be built .thereon.: where-such mortgageisper~i'ssible under th~term o!:the, sale of Iand. In cases. where the. terms of sale do not vest the, ·title in the -pur-chaserctill a-hQ\.lse.~iserected-on the .Iand, the applicantshall execute an agreement with the. Chairman, in Form 8agreeing to mortgage "the: land, together with the house to
, be built thereor.l,·as soon as the house has- been built and. the title to t~e property is complete. .
(iii) An amount equal to 40 per cent of the amount remaining. after deducting from the .sanctioned amount of advance,
the instalment given for the purchase of land, will bepayable when the' construction of the house reachesplinth level.
(iv) The balancs 9£ the sanctioned advance will be, payable when-, theco~struction of the house reaches roof level providedthe sanctioning authority is satisfied that the developmentof the area in which the house is built is complete in res-pect of amenities such as water+supply, street lighting,roads, drainage and seweragej.., , .
(B) ·A~ advance required only for copstru~tingaC'Slilgi~~ygdl'new house or enlarging. living accommodation in an exist-ing house shall be paid as .follows:-
./ (i) An amount equal to 140 percent of the sanctioned advancewill be payable to -the iapplicant on his mortgaging infavour of the· Chairman, -theIand purchased by him alongwith the house to be 'built -thereon where such mortgageis permissible under .the terms of the sale of land. Incases where the terms of sale do not vest the title in thepurchaser tilhl houseis.erected on the· land the applicantshall execute an 'agreement whh th~ Chairman, in FormNo. 9 agreeing to-rnortgag., the land, together with thehouse built-thereon.vas 'soon as' the house has been builtand the title to the propert~ is complete .
./' (ii) A further ~moimtnot exceeding 40.peree1}t of the sanction-. -ed advance 'wilt' be payable when the house reaches
plinth level. ." 0···· .;"e:' . ...
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{jj) ,--.-,---- 113-in respect of ·amenities such :as "watei' supply, streetlight-ing, roads" drainage and sewerage.'
1[(C) An advance required partly for the purchase of land and, , " partly for constructing a double' storeyed new' house or
'", . enlarging living accommodation i'n an~xi.sting house shallbe paid:, as follows :-
(i) An amount not exceeding 15 per -cent of the sanctionedadvance will be payable to' th~ 'applicant for purchasinga developed plot of land on which construction cancommence immediately on receipt of, the loan on hisexecutingran agreement in Form No: 6 'or 7 as may beapplicable, for the' repayment, of the advance. In allcases in which part of the advance is given for thepurchase of land, the land must be purchased and thesale deed in respect thereof produced for the inspectionof the sanctioning authority within two months of thedate on which the 'aforesaid, amount -of 15 per cent isdrawn, orvwithin tsuch further time as- the sanctioningauthority may allow' in this behalf failing which theapplicant shall be liable' to refund 'at' once, the entireamount to the, Organisation- together with interestthereon. ,-
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(U) An amount equal to 25 per 'cent, of the balance of theadvance will be payable to the applicant On his mortgag-ing in favour of the Chairman, the land purchased byhim along with the house to be built thereon, where suchmortgage is permissible under the' terms of the sale ofiand.- ' In"case~wheresuch mortgage is not permissible,the provision contained in the last sentence of sub-clause(H) of clause (A) of sub-rule (1) of rule 8 will apply.
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, ,'(iii) An- amount- equ~l to 30 'per cent of the ~rriount remainingafter deducting from the sandioned amount of thead~ance the insta1me~t given' for the purchase of land,will be payable when the construction of the house_. . ,.reaches 'plinth level.
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.. .. .:' (iv) A Jurther .amount not ;exce~ding 25 p&- cent of the -amountremaining after' deducting' from. the' sanctioned amount. '. . ~. . .-. .' - - - '. . ...~:' ...-~~.-~----,.--'----'--
, ,,'::r-iiserfed vide 'G:S,RI0<13 nuh1ished.· in 'the' Gazette of -India, 'Part1I, Section 3, :;>,lo-$ec;tion (j) q::ltec;i the 17th J\t1y: 19'Tr,;"'-:;"~'\'"
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of advance the instalment given for the purchase ofland, will be payable when the roof of the ground floorhas been laid. '
(v) The balance of the sanctioned advance will be, payablewhen the roof of the first floor has been laid providedthe sanctioning authority is satisfied that the develop-ment of the area in which the house is built is completein respect of amenities such as water supply, street light-ing, roads, drainage and sewerage].
(D) An advance required only for constructing a double-storeyed new house or enlarging living accommodation inan existing house shall be paid as follows :-
(i) An amount equal to 25 per cent of the sanctioned advancewill be payable to the applicant on his mortgaging, infavour of the Chairman, the land purchased by himalongwith the house to be built thereon, where suchmortgage is permissible under the terms of the sale ofland. In cases where such mortgage is not permitted,the provisions contained in the last sentence of rule8(1) (B) (i) will apply.
(ii) A further amount not exceeding 30 per cent of the sanc-tioned advance will be payable when the house reachesplinth level.
(Hi) A further amount not exceeding 25sanctioned advance will be payablethe ground floor has been laid.
per cent Ofwhen the roof
theof
. Nci.1~.:-With a view to satisfying himself as to the developmen.t 0: a localityIn a rural area, the sanctioning authoritv may call upon an applicant availing ofthe. advance- to produce' a certificate from some competent civil authority, e.g-.District Magistrate, President of District Board, or Panchayat or any other res-ponsible authority, certifying as to the existence of the n.ecessary amenities-in thelocality: and then disburse the final instalment of the advance only after- a satis-factory certificate has been produced.
(iv) The remaining 20 per cent of the sanctioned advance willbe payable when the roof of the first floor has been laidprovided the sanctioning authority is satisfied that thedevelopment of the area in which the house is built' iscomplete in respect of amenities such as water supply.street lighting, roads, drainage and sewerage.
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(E). An advance' required for purchasing a ready built houseshall be paid as follows;-
The sanctioning authority may sanction the payment of theentire amount required by and admissible to, the appli-cant in one lump sum on the applicant's executing anagreement in Form No.. 6, 1[and furnishing twosurities in the "form annexed to this notification for therepayment of the advance. The acquisition of thehouse must be completed, and the house mortgaged tothe Chairman within three months of the drawal ofadvance, failing which the advance, together with theinterest thereon, shall be refunded to the Organisationforthwith, unless an extension of this time limit isgranted by the sanctioning authority.
<,
2 (F) The advance required for purchase/construction of a newflat shall be paid as follows:-
-The sanctioning authority may sanction the payment of the
amount required by, and admissible to the applicant, onthe applicant's executing an agreement in the prescribedForm and complying with the provisions contained insub-rule (3) of Rule (8), for the repayment of the loan.The amount may either be disbursed in one lump-sumor in suitable instalments at the discretion of the sane-tioning authority. The amount or the instalments sodrawn by the applicant shall be utilised for the purposefor which they were drawn within one month of thedrawal of the amount or of each instalment, failingwhich the. advance or part of the advance so disbursed,together with interest there on shall be refunded to theOrganisation forthwith unless an extension of this timelimit is specifically granted by the sanctioning authority.
(2) In addition to their executing the agreement/mortgage deedreferred to in .sub-rule (1) of this rule, the following' three categories ofapplicants shall be required to furnish the surety of a permanent em-ployee of the Organisation in Form No. 10 before the sanctioned advanceor any part thereof is actually disbursed to the applicants concerned:-.. .'. ,
(i) all applicant~ who are not permanent employees;--~------ ----------
lInserted vide G.S.R. 150 dated the 7th January. 1972 nublished in theGazette of India, Part H, Section 3. Sub-section (j) dated the 5th February; 1972.
2Inserted .vide G.S.R. 143 dated the 25th January. 1969. .Note :-:-·Fonn of Surety' Bond if' at Pages 175-176.
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116(ii) all applicants who are due to retire from .. service within a
period of 18 months following the llate of application .forthe grant of an advance ; and
(iii) all applicants who are permanent employees but not coveredby the preceding clause if they require the advance for thepurchase of a ready built house. _
Z[ (3) In addition to ensuring compliance with the provisrons con-tained in sub-rules (1) and (2), of rule 8, the applicant for purchase ·of aready built house/flat shall furnish sureties from two permanent em-ployees of the Organisation in the "Form annexed to this notification].
(4) The liability of the surety mentioned in sub-rule (2) of thisrule will continue till the house built/purchased is mortgaged to theChairman or till the advance together with the interest due thereon isrepaid to the Organisation, whichever is earlier.
1(5) Utilisation of the advance for a purpose other'tha'n that for.which it is sanctioned shall render the employee drawing the advanceliable to disciplinary action-under the Employees' Provident Fund (Staffand Conditions of Service) Regulations, 1962, apart from his being calledupon to refund to the Organisation forthwith, the entire advance drawnby him].
(6) The period for producing the sale deed in 'respect of the deve-loped plot of land referred to in sub-rule (1)_(A) (i) and (1) (C) (i) maybe extended by the sanctioning authority ·by .a reasonable time aftersatisfying itself that :-
(i) the applicant has either already paid th~ eost of the land oris likely to pay it immediately ; .
(ii) the extension of the time will enable th~·applicant to acquiretl;e title/leasehold to the land ; and -",- ~
(iii) the applicant has every -intention of,' - building a house andwill be in a position to complete' the:construction of thehouse by the 18th month after the drawal of the first in-stalment of the advance or in such- period by which thetime for· the completion' of the house is 'extended- underRule rO(a) (ii).
Note.-The competent authoritv may. ask .Ior necessary certificates from theapplicant about the justification of the amount of loan asked for and also as aproof of the title. to the land/building before sanctioning theam.ount of advance.
lSubstituted vide G.S.R. 1043. published in the Gazette of India, Part II;Section 3. Sub-section (i') dated in the 17t'1 July, 1971-
.2Substibltedvide G.S.R. No. 150, dated 7th-Ja'!lUary, '1~73;-ptibiis,hed'in -theGazette of India. Part H. ·Section 3(0 dated the 5th 'February: 1972.
"Note.-Form of the Surety Bon~ is at Page 175-176.
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~~::i:~.~Lin1e!e~t.~~-~1i~~Iide:'~~f~if~a--tind~:these lttile:5 shall -carrysimplefhterestfrom" the-'dat'e: or-payment "6Ct!ie --aavance --the- ~iriount0{ inhiie'st b~ln~-cal~ut~ted 'od 'the balance outstanding on--tne last day ofeach month. The rat~ ~f interest shall be 5 per cent per arillun;. or the ratethatmay be chargeable; from time to time, from corresponding categoriesof Central Government servants -under the Rules regulating the grant ofhouse building advances to them.
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.~, 10. Construction, maintenance, etc.-(a) The construction of thehoussor additions to living accommodation in an existing house (as theca:~e may be), shall be : - '
(i) carried out exactly jri accordance' with the approved plan andspecifications on the ,basis of which the _amount of theadvance has been computed and sanctioned. The planand specifications should not be departed from without theprior concurrence of th,e, sanctioning authority, Theapplicant shall certify, When applying for, the' instalments.of the. advance admissible ~t the. plinth Zropf . level, that
,-- construction is 'being 'c~'i-riedout strictly In accordancewith the' plan and estimates furnished by him to' the sane-tioning authority,' that -the construction has actuallyreached plinthl~oof level, "andthat the -amount .alreadydrawn has actually been- useq.on the construction or thehouse. The sanctioning authority .may, if necessary,arr.ange to have ,an .mspection.icarried iout <to verify thecorrectness of the certificates ;-, ' -
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(ii) completed' within 18 months of -the .date on which the firstinstalment ~f, the . a.dy~~~e~s ,paid ,ts>':the ernployee ' con-cerned: 'Failure to do'so will render the employee liableto refund' the 'entire amount advanced to him (together'
:.~ " _',~i~?,~nter~s.t1q7TeR~..caIE!4~t~q, 'as in rtlle, 9)"ip. one lumpc' sum.i : An:-ex-teq~~qI\--,of:~iji~,time;Ji~itrriay 'be' allowed U:p.'
to 'one '-:year:' ;by:the:sarictioning--a~thority" in those cases"", wpere tJ:e-wo* ~s_'.del~y;ecI"que..:to circurnstanees beyond
',_' ",: .the ,control of t~ employee, >:- ,TJ;t~.•date -()f c.pmpletiQn.ot ',,' ~,,',:~::~ co~str~c'~9~ m~~tj?e,!epq~~~~Lto't~~san.~ti0~ing authority,·,
,,' _,~withoutl:delay;'"" \-' " ;, '1:' C:":' '::, •. " '. __ ,~ • ~""'::'. "':: '-.:.t·~ .. .: t~' •. '.: : •. .,•• ".. 4 t;c" ....," .• ' ." • ._.' i- _ •
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case may be, the employee con:cern'ea--s'haWiilsuTe"the house' cit'1iis own" ,co~t"c~jtp.; t:h€-<In:,d1at'l,:~J!ls~li~.e,'Cf)rnp.~e;i;;ASsbc[~tii)r.i~p~o('Bombay; fora sum-not "less-tban-the ':ain0tmtJ?r:tn~~a<;tv~-c~:apd,,:S}1:allk.eel?!t~Q)~~ .sured against damage b) fire," £lonae'and Iightnlng, till the advance is·
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fully repaid to the Organisation and deposit the policy with the sanction-ing authority, 'The premiamu~t b~ paid regularlY'and the premiumreceipts produced for inspection by the Head of Office. I.n the event offailure on the part of the employee to effect insurance against fire, floodand lightning, it shall be lawful, but not obligatory, for the sanctioningauthority to' insure the said house, at the cost of the employee concernedand add the amount of the premium to the. outstanding amount of theadvance and the employee shall be liable to pay interest there on, as ifthe amount of the premium had been advanced to him as part of theaforesaid advance at the prevailing rate of interest, till the amount isrepaid to the Organisation. The sanctioning authority will obtain fromthe employee drawing the advance, a letter in Form No. 12 to the In-surer with whom the house is insured, to notify to the latter the factthat the Chairman is interested in the insurance policy secured. Thesanctioning authority will himself forward the letter to the Insurer andobtain his acknowledgement. In the case of insurances effected On an.annual basis, this process should be repeated every year until the advancehas been fully repaid to the Organisation.
(c) The house must be maintained in good repair by the employeeconcerned at his own cost. He shall also keep it free from all encum-brances, and shall continue to pay all the Municipal and other local ratesand taxes regularly until the advance has been repaid to the Organisa-tion in full. The employee shall furnish an annual certificate to thiseffect to the sanctioning authority.
(d) After the completion of the house, annual inspections may becarried out by any authorised officer under instructions from the sanc-tioning authority, to ensure that it is maintained in good repair until theadvance has been repaid in full. The employee concerned shall affordnecessary facility for these inspections by the Officer(s) designated forthe purpose.
Note..-Furnishing a fal~e certificate will render the e:nployee concernedliable to suitable disciplinary action apart from his being called upon to refundto the Organisation forthwith, the entire advance drawn by him. .
11. Repayment of the advance.-(a) The advance, granted to anemployee under these rules, together with the interest there on, shall berepaid in full by monthly instalments within a period ,not exceeding20 years. Firstly, the recovery of the advance shalf be made in notmore than '180 monthly instalments, and then interest shall be recoveredin not more than 60 monthly- instalments.
Notes.-(f) The amount to be recovered' monthly shall 'be fixed in whole.rupees, except in the case of the .Iast .instalment when' the remaining balance, in- --~eluding any fraction o! a rup~e, shall be recovered. ,·,rc....... .', . '" . .
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(ii) Recovery oi advances granted for constructing a new house or enlarg-ing living accommodation in an existing house shall commence from the pay otthe: month following the completion o: the house or .the pay' of the 18th monthafter the date on which the first instalment df the advance is paid to the em-ployee, .whichever js earlier. In the case of an advancefaken for purchasing aready. built house, recovery 6ha11 commence from the pay of the month followingthat in which the advance is drawn.
(iii) It will be open to the employee to repay' the' am'Ount in a shortenperiod, if he so desires. In any case, the entire advance rnust be repaid in full(with interest thereon) before the date on which he is due to retire from service,
(iv) In order to avoid undue hardship to an employee who is due to retirewithin 20 years of the date of application for grant of,an advance, and under theservice rules applicable to him is eligible for the grant>6'La·.gtatuity. or death-cum-retirement gratuity, the sanctioning authority may .permit him to repay the advancewith interest in . convenient monthly instalments (the amount' of the instalmentshall not be less than that worked out on the basisof repayment within a periodof 20 years) during the remaining period of his service provided he agrees to theincorporation 01 a suitable clause in the prescribed Agr:~~nt· anti MortgageDeed form to the effect that the Organisation shall, be... entitled to recover thebalance of the said advance with interest remaining unpaid at the time of hisretirement or death preceding retirement from the whole or any specified part ofthe gratuity that may be sanctioned to him. .
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{v) In case t.he employee does not repay the :b:ilance' of the advance due to'the Organisation on or before the date of h~ retirement, ,.It .shall be open to thelatter to .enforce the security of the mortgage at any ,time, thereafter, and recoverthe balance of the advance due, together with the Interest and cost of recovery,by sale Of.the house or in such other manner as may be permissible under the law.
" L(b) Recovery of the advance, shall be effected "through the monthly
pay/leave salary bills of the employee concerned by the Head of theOffife. Thi:!recoveries will not be held up' or postponed except with theprior concurrence of the sanctioning authority.
(c) If an employee ceases to be in service for ~ny reason other than'normal retirement/superannuation, Or if he/she dies before repaymentof. the advance in full, the' entire outstanding amount of the advanceshall become payable to the Organisation forthwith.' The sanctioningauthority may, however, in deserving cases, permit the employee con-cerned; or hisjher successors' in interest as the case maybe, Or thesureties in cases covered by rule 8(2), if the house has not been completed'and/or mortgaged to the Chairman by that time,to repay the outstand-ing amount together with interest thereon calculated as' in rule,9 above,in suitable instalments. Failure on the part of the -employea concernedor his/her successors (as the case may be) to repay the advance for anyreason whatsoever, will entitle the Chairman to enforce the. mortgageand take -such'other action to' effect recovery 'of t}{~'outstanding amount'as -may be·'permissible .
.. .
(d}'The property mortgaged to the Chairman' shall'be reconvey~don Form No. 11 to the employee concerned (or his successors in interestas' the case rnay be) after, the advance,' to,g~Jher,wlth -interest thereon,has been repaid to the Organisation in fulL'· ;i .. " ,
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~2.. F'T9.cedure for dealin9, with applicationS.-(l) Application {in,<kl~Hj~} in.Form 1 will be submitted by the employee to the .sanction-ing_' allJh,qriJy,: The following documents should accompany the{~p'p:r~g~!iG~:;~, '
,,(~)a-!d~daration in regard to the, house/property, if any, owned,.; ;" ' by,tl)e, ' applicant or the applicant's wife/husband/minor
children at the time of applying ;
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,;(:b), if:the,,1:tJvancejs required for enlarging living accommodation,in.iin~xisting h~,use, (i) 'a:I1l attested copy of the sale deed
-"-;/ ~s.·;:~.eil~:'as-ofother-documents, if any, establishing that the,J)", ' ~nph~,<;l.ntpossesses. aR,iIj,dlspvtable, title to the property in
,""clU:estio"n and: (ii) the>site plan;
(c)' in case where the applicant happens to be in possession of land'd and, desires to bujld, a new house on it, a COpyof the sale
..-i deed or .other proof! of the applicant ,having a clear title to-:'the'Ian.d: on which the: house is proposed to be built, along
" with the site 'plan. If the land happens to be lease-hold, an• I,' j~t~?$~~dcopyof the lease-deed ,; 1'[* * *].
'2[J~LJ~,~~~ewhere \~e~p~lic~nt desires, to purchase land, an, attested copy 9~ 'a letter (rom the seller of the plot to the
effect that subject to the settlement and payment of theYli-ce,he is in a position to hand oyer the vacan1;:posses-
, ' s:~Qn,()t cl cl~ar:ly dema,r;cated><lev~loped plot, of land',- "wjthin a period of two months from: the date of, his letter;
;", 'i. '. and] ,,~~.~: ~." '-
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'7-_~(~~ :iJ},}~as~where the applicant desires to purchase a fiat, an- ", :,qtt~~J~d.copy of a, letter from the seller of the fiat to the
"(I '~fft:~t,iliat subject to' thq, settlement and payment of the'(;, " .,'. price he is in a position to hand over t4e vacant-possession; .,') , ':;-.Qt,,q,.c1~~rly,,deij~eqflat to, the applicant; within- a period
, ">,c/:~d3~t~o months fr~ITlthe d~k of 'his, letter" 'j,
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'" / 'iT(2),.'rhh-<;~ilm::tj0lJingauthority wm scrut.inise the application: andsatisfy itself of the correctness of the facts, etc. s~~t~d.therein, It willalso, examine the title deeds etc. furnished in compliance' with clausesfR)~(~Jlr,4-.~f) f}J?0r,€, 9f necess"!l'Y.;in cqn§4~~.tlOn"with(,the.. R~ven.ue and
::·}':::'iQ_~lh~d·:V{d~·G,:~S.R,1P4A'p~Qlishf~' iu,: the Gpz~:tt~,.~flJl}di;l.: P.~r:.u.I,Secilo~3j"vga;ijl:sEktioncf(i')'datea the 17tli"July/19I1-L ,.,., " ' -
2Iruierted'vide G,S,R 1043 libid. : . \ '3Inserted vide G's.R H3dated the 25th January, 1969.
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Registration authorities) to make sure that the applicant does, III fact,possess a clear title to tl:je property inquestion.
(3) After completion of the action+envisaged in sub-rule (2) above,the sanctioning, authority, if it is oth~t 'than the Central Provident FundCommissioner, will forward the' application to the Central Office of theOrganisation' .hereinafter 'te'f!:itti~d,to 'a~;'the i Central' office:
(4) (a) On receipt of the application, referred' to in sub-rule (3),the Central Office will examine the application with reference to thepriorities etc., if any, laid-down for 'dealing With such applications.Subject to funds being available the applications will be 'iJturned to thesanctioning autliority concerne~ 'indi~ating ': ~ .
(i-) the amount of the advance that may -be sanctioned by thesanctioning authority where the advance is required forconstruction of a' house of for-purchasing a'ready builthouse;
(ii) the monetary limit up 'fo which the grant o'£'an advancecould be considered.iin dU~"course~ in other cases, viz., forconstructing anew 'house or 'fo~ increasing 'living accom-modation in an existing house.
(b) In case of applications fromtha employees of the Centr~1_6ffic~,': .the action envisaged in s\lb-ruie W(wiiI'str'<!ightway be ta~e~ s~bj,ect1t~,the funds being available. . , '.... ··c:' . " ......, : '" '
(5) On completionof the action envisaged in. sub-rulo-, (4)· -= :~:l.
'2. ".'
(a) formal sanction to ,the 'grant 'of.<1n advafl'de 'to cippn&iln~"{'illB'the cases 'covered by :sab-uule"(4) (a) '«1) W'iirt"be '~cc6rlIetF .by the sanctioning authority who 'shafl also arrange 'tb c6m'-";plete the prescribed formalities, such as execution of the'Agreement, Mor-tgage.iDeed,'SuYety Bbnd, etc.' 'in fthie!pres-cribed . forms (in consult~tiO'nW1th'the :appfoptfute'[' iJ:~galgauthorities, wh-ete i1ecessary);-a:hd;rth~h\ iH1tnol'is~.Sd~BUrse.litmerit of an' .appropriats -amount" O'Ol;iO'f the" "satidfori~a'"advance to-thetapplicantx" :Wh~re"l'[laniI' r'OF] - 'rea'Oy'i"l5UiF(l ..house is intended "to -be:j:ptirdliisea1·'With"'ltI\e'f.he'l1i,rblf~;'th~·,.
. ..:-;: ;'1\ ;.~<~:·i~t,' ..:~:t-:,~~;'"p "::.:' ~:i·.:-,~··.~!'J::~~~"'l.r
lInserted,-11id<? G'SoP 1043 .. > pt;i~if~b~ia~,J~trp:1i.~~t~::6Lirid~a~~~~~~112:.~ .'Section 3, sub-section (i), dated'the 17tHJuly," 1971.~..~ <..... . ..' .' ._"-
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122advance, the sanctioning authority may, before authoris-
ing payment of the advance, also require the employee con-cerned to certify that negotiations for the purchase havereached a final stage, that the purchase price is not likelyto be less .than the amount of the advance sanctioned andthat he was satisfied .hirnself that the transaction willenable him to" acquire an indisputable title to the -Iand/house in question 2exc1usive. of title to the plot of 'land inthe case ota flat in such cases, the sale deeds, etc., shouldbe examined by the sanctioning authority carefully (in C7consultation with legal and other authorities where neces-sary) to ensure that the employee concerned has actuallyacquired an indisputable title to the property in question.It should also be verified that the market value of theland/house, purchased is not less than the advancesanctioned ;
(b) the' sanctioning authority shall instruct applicants desirousof constructing a new house or enlarging living accom-modation in an existing house, to furnish two copies of theplans, as"well as the specifications and estimates in theprescribed proformae. The plans should be duly approvedby the Municipality' or other local body concerned.
(6) (i)In case of an application in respect of which the RegionalProvident Fund Commissioner is the sanctioning authority the plans,specifications and estimates referred to in sub-rule 5 (b) will. be referredto the Central Office with referrence to the earlier correspondence on thesubject. The Central Office will, after examining all the details, informthe sanctioning authority concerned of the maximum amount of theadvance that could be grantedi'o the applicant' concerned .. On receipt of .the recommendation of the Central Office, the sanctioning authority willaccord formal sanction to theigrant of the advance, or, if necessary,amend, the original sanction issued in cases where the advance is requiredpartly. for purchasing a plot of 'land.
(ii) In case of the applications ill respect of which the 'CentralProvident Fund, Commissioner Ts the sanctioning authority formal sanc-tion to the grant of the advance, 'or, if necessary the amendment of theOriginal sanction issued 1[in cases where' the advance is required partlyfor purchasing a plot of land];Will be-accorded after scrutiny of the plans,specifications and estimat~s receiv~d. in pursuance of sub-rule 5(b).
lInserled'vide G.S.R. -1043 tublished in. the Gazette if India, Part Il, Section3, Sup:'~ect!on(U.' dated,.th~,l7.tl1 -!Ulr, 1~7!-. .. .
'-I!Inserted vide G.S;R. 143'i'lated. the ~pth .January, 1969.
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123(7) The sanctioning authority will also ensure the observance of all
the formalities as explained in sub-rule 5(8') -arid then authorise the dis-bursernent of the first instalment of the advance for construction pur-poses to the applicant. The payment' Of the 'remaining instalments of theadvance may be authorised by the' santtioni~i authority on the basis ofthe certificate to be ·furnished by the applic~hts as 'p~escribed in rule10(a) and after such inspections as may be deemed necessary. It shouldalso be verified, before disbursing the last lnst'almet'tt of the advance thatthe development of the site has been' compi'Eited.;.
(8) While authorising disbursement. of an jnstalment of an advanceas prescribed in sub-rules 5(a) or (6) 9r (7) o~tr.is rule, the sanctioningauthority will attach a certificate to the, ~ffect,t1tat the' required formali-ties in pursuance of which the instalment has become due, have beencomplied with.
(9) The sanctioning authority .:shall also ensure that the transac-tiou/ construction of the house is completedwithin the period prescribedin the rules, and that
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(i) the prescribed mortgage deed is executed immediately oncompletion/purchase.iof ,the hquseand. the document keptin safe custody-after registration .. The original idocumentsof title .to the ·lan~Vp~~p~rty 'shall also be obtained fromthe mortgagor and l{~p~iv-,-;~af~-custodytill the redemptionof the mortgage .d~dj ."i; .
(ii) the house is insured in the-manner indicated in rule 10(b)immediately on its purchase/~~inpletion and that the pre-mium receipts are regu~arly produced for inspection;
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(iii) the house is maintained in good. repair and that the neces-sary insurance premia 'and Municipal rates ~nd taxes arepaid regularly, and th~ requi$it~ certificate furnishedannually, until the- advance has been repaid in full;
(iv) the monthly recovery of ',ii1stalrru~ntsOf re-payment of theadvance commences from the due date .and is made regu-larly frorrr.the-pay/Ieave salary. bills of the employee con-cernedfhereafter j " .. - .
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(v) in the caseof.~p.lo~~e~,li~-ely, to retire within 18 monthsof tlie date· of,tneir:~ppliciti6n f6r'th~advanc~ the amountof their gratuity·; ·contlibutory.providerit) fund will be
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124adequate to cover the balance of the -advance outstandingagainst them just-before the date_,pto;th,eir retirement;"
~".-". ""!;.: "i. .;"...;
any amountidrawnvin e~ceJ;s_"of~,tlH~"exp€ndit~reincurred, -isrefunded, by the, emp}.pyee~CO_l1s:er.Q~<hJo""the,Organisation-forthwith together" with: i'nter~§t;if,~l)y;,\ due thereon;
(vi~) the'pro~erty,mQrtgaged:.to, the:JG~~~~~ ~i~~released immedi-, , ately on t~ rep<:l,Yment"p-f t.p~~?~.yag~eiand the interest
thereon in full. ' -,' ,
(vi)
. . '.~-~r ",: .. ,(~;,:..~... .":.--.~.'.,-, .('10) To 'enable the Central Office to watch :the disbursement' of
funds and the progress on th~ const';ucdon.'()f 'hO~~~S,ea,<;h Regional Officewill send to the Central' Office aquarterly 'report"by 'lh~'Emd of the monthfollowing' thequarler to' which it- rei~te-~, i'ri'F~~~'No~ '13. '
*[13, Verification of title deed, conveyance, re-conveyance, regis-tration of deeds and othet' matters.-':'In 'iesped rof\na:tt~i;srelating' to veri-fication of title deeds, conveyance of the hOllse'to"'fheOBoard, its recon-veyance by the Board to the employee after the repaymentof the advancetogether with interest, registration of deeds or agreements and otherprocedural matters for which rio' pr6vlsions,"'bf iri~liffich~nt provision hasbeen made in these Rules, 'the rutes 'or-'otders'apphblBle' horn time totime to'thi)c0:tr.es,pbhding cateit&r.ies%'f.C~--;;ltalrcr6\re'tn'4<ehfservants shallapply, subject to 'such' m0dificatiiJns;;'~~n:'ia'tiorl~:and'~'ej(cephons, if any,as the Central Commtsstoner- maY: With "tIle ,"-'a.ppH)v~l 'of the Central
• _.. ,.' \ • # ••••~ •• , ••••• ",,.1~ ._,..~. r··.Government by order from time to time:specify:J:" ". '
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125SCH.rrULE
FORM NO.1
Application form for building; etc., '~f'houses-
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'Cl) (a) Name (in ,blo.ck letters);,., (b) Designation: '~',!/
(c) Scale of pay:(d) Present pC!y (excluding, allowances but including dearness
pay, if any): .(2) (a) Office in which employed:. (bj-Statiorr where posted:"(3) Please state :-
Whether you are apermanent or 'Il non-{~Wrme~~~fAor,egi-,service renderedunder . the Organi-t-iori,· . .'"
The permanentpost' Iield oy
Date of birthand age nextbirth-day" '
Date of retire-ment
IS yourwife/hus-band an., employeeof=the Or-ganisation?If. so, giveher/hisname, de-signationetC.'
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(2) (3) (4) (5)
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,.~...--'-"-'---------------~---.-- ------~----.----
(4) Do you or.doe~ 'y()~r wife/_ht!~QC!1).9jrninor:--child-already owna house?
[See rule 5(3)]. If so, please' state :----,.-----------
II-I.1
Its approximate val- Reasons for desiringPlItiO,n .u ,to,-, . OV{1l(:)fInolher">'.,.; . ,c· ;-, ~:';::Jl I10tise or "enlarging
. 'J' .• :, iJIiv.]ng.-'i!ccornmdhd6n,; I '.l"- J\l"aq existjng- house/
as"ttie caSe may ba.'-.; ;
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(1) " '(4)
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1265.. (a) Do you require the advance for building a new house? If
so, please indicate :-
Approximate floor Estimated cOlt . Amount No. of yearsarea· of the house of avance in whichproposed to be cons-
ICostrequired the advance
tructed (in sq. It.)of
with interestCost of Total i. proposedland bulldin. to be re-
paid.
._------- -.----- --(I) (2) (3) (4) (5) (6)
----
!
~N~te.-Entries in cols. 2, 3 and 4 will have W be supported by specification:
estimates and plan at the appropriate stage.
(b) Whether you ar~ already in possessionat the land? If so, please state:-
Name of the Cityl Whether you wi.h to . Area of the plot (in Name of theTown/Village where .settle· there after re- sq. ft.) Municipal orland is located tlrement other local
authority (ifany) in wbosejurisdictionit is located.
o·
--------- ---------- --------(I) (2) (3) (4)
-_._------------ ---'---. -,
-
I(C) If no plot of land is already in your possession, how,' whenand where dqyou propose to acquire one? State the approximate plotarea (in sq.ft.), .proposed to he acquired and enclose an attested true copyof a letter'frohl the seller of the plottilat subject to the settlement andpayment of the price, he can hand over to the applicant, the vacantpossession of a clearly demarcated developed plot of land within a periodof two months from the date of the letter.
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IInserted vide G.~.R. 1043Publtshed in the Gazette it India, Part IT, Section3, Sub-sectionCi) dated the 17th July. 1971.
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6. Do you require the advance for enlarging living accommodat-ion in an existing house? If so, please state
-----.,-------------------.,---------No. of rooms in Total floor I rr an addi- \ Particulars of I Amount - No. CJfthe houre (ex- area of I tional storey addi;iOD,.dcsircd ,advance y-ars Ineluding lavatory, the room, is ipropo;eoll '1' de..ired I Which tbbathroom and I (in sq. I !O !',eadded, ad:anc.!kltch ~n) ft.) IS t ne foun- ' I I with 10-
- I dation No. Ofl Floor E,ti- I terest is, I strong en- rooms 3T' a mat;ol proposedi ough I (In Sql cost I I to b!- --- \~_. __ I I--II~.--! i repaid.
(l) I (2) , (3) i (4) " (5) i
l(G) I n I (8)
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1
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~:ote.-Aplan 01 the house should accompany the apnltcation,
7. Do you require the advance for purchasing a ready built house!(a) (i) If so, and in case you' already have a house in view, please state:--
(ii) Have you satisfied yourself that the transaction would resultin your acquiring an indisputable title to the house?
Note.-A plan af the house mould accom:bany the application.
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(byTf you do not' already=have a house in VIew, how, when and wheredo you propose to acquire one?, Indicat :----'
I
The appro» irnare amount iup to which ye u will I·'be vpreparcd to buy a Ihouse ! '
\- ~----\------,--,--(I) ! (2) \~-----+---~-~--\---_._------
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The approximate amountof advance-required
No, of years inwhich the ·'l(.ivance
. I with interest isI proposed to be re-paid,
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Note,-Details specified 'against item 7(a) should be furnished in this casealso as soon as possible and in any case before the full amount of the advancecan be drawn. .
8. Is the land on which the house stands, or is proposed to be con-structed, free hold or lease hold'? If lease hold, state .
How much of Whe!her conditions \' Premi\lm paidthe term has of'.the lease permit' I for theplotalready ex- .the land being mort- !
, pircd gage d to Govt. . II I~-------'----I---------- --;-'-~--,----.- \---- -,----- --i---
_____~~ ill------~:--~JI'-~-c---: __ .:__-I-_~(4) \~-I I' i'I ilie, I
II Annualrentalvalue ofthe plot
The terms ofthe lease
Note.-A copy of the lease/sale deed should' accompany the application.
9; (a) Is your title to the land/house indisputed and free fromencumbrances?
". . ' , (b) Can you produce, jfj~qujre:d, origipqLdQ,cu.ments· (sale or, lease''"'":'>d~ea);'iri;suppoft ~'f 'Y,9t:f:ti~i~i_'u~jilot;'~'~tittthe"~ea~on~thereof' indicating-
• • "'-. ' ._, ••• _;, - j. ,-,-.-.,;-- •.-:;.~.,. ":",'. :' - •. -~;' .~'-.,. ~. ~ .•...--,"
what other documentary 'proof, if ariy.. y<;iti'cat furnish in....support of yourclaim. [~ee)tew.)~(b) 'and:'6:~_a1:io:ve.l;'." ,<:: .,' ~,,"::,.~::,,.
10. In case }TOU happen to be due to retire from service within 20years of the date of this application and are eligible for the grant ofgratuity or death-cum-retirement gratuity or Contributory Provident Funddo you agree by giving a declaration in the -Agreemenf Form/Mortgagedeed that the Organisation shall be entitled. to recover the balance of thesaid advance with interest remaining unpaid at the: time of your retire-ment or death preceeding retirement from the whole or any specified partof the gratuity/Contributory Probident Fund that may be sanctioned to.you or is due to you, as the case may be .
11. Is rule 8(2) applicable to your case? If so, state :-(i) the name, designation, scale of pay, Office of the permanent
employee who is willing to stand surety for you;(ii) the date on which the proposed surety is due to retire from'
- c=. -=--:.=_==.~_-__=:=~_-::===.--~-:. ~_-:.---- _._.__.] -.
-
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(c) Does the locality in which th~' of land/house is situa,::'" -:..'~;possess essential services like roads, water supply, drainage, sewerage, -. ustreet lighting etc. (Please furnish a site plan. with complete address). d
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service.12. In case you have already made a final withdrawal from your <
Provident Fund for the construction/acquisition of a house l[or a resi-dential plot], please furnish the particulars of the amount drawn, the dateof the drawal and the purpose for which the amount under these Rules _is now required.
DECLARATIONS
I solemnly declare that the information furnished by me in replyto the various items indicated above is true to the best of my knowledgeand belief.
2. I have read the Rules regulating' the grant of advances forbuilding etc. of houses, and agree to abide by the t~rms and conditionsstipulated therein.
3. I certify that*.. "');.,
(i) my wife/husband who is not an employee of this Organisa-,tion,iny wife/Jiusband who is an employee 'of this Organisation;"has not applied for and/or obtained an; advance underthese Rules :
(ii) neither I nor my wife/husband has applied for 'and/or -ob-.·• ..:. lo- ,.- ~ ~ < •••. ;.- ' -,~,(' •• •
tained any loan 01' advance Tortacquisitionvof a house in. "'"
"
1Inserted vide G.S.R. 1043 oubliished ' in the Gazette" of' India, Part II;Section il, Sub-section 0), dated the' 17th .J-qly, ~9'l'1,'-
. .-
;-he past from a:~y Government source (e.g., Department ofRehabilitation or under any Central or State HousingScheme), or drawn an advance or made a final withdrawalfrom any Provident Fund in connection with the acquisi-tion of a house (also see item 12 above);
·Strike out the alternatives not applicable.
(Hi) that the construction of the house for' which the advance hagbeen applied for, has not yet been commenced.
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li
Signature of the applicant .._.
Station----------
Date--------
Designation .Office in which employed .
(To be completed by the annlicant's Head of Office in cases where thesanctioning authority is the Central Provident Fund Commissioner).No. Station Date
Forwarded to the Central Provident Fund Commissioner, New-Delhi.
(1) I have scrutinized the application and haVe satisfied myself o~the correctness of the facts stated therein and l(that the applicant posses-sea.a clear title to the property in question).
(2) It is recommended that an advance of Rs may begranted to the applicant. I have satisfied myself, on 'the basis of monthlydeductions, etc., made from the applicant's salary that this amount iswell within his repaying capacity.
(3) The provision of Rule 5(3 of the Rules may be relaxed, as aspecial case.
(4) The amount of gratuity / death-cum-retirement gratuity /Contri-butory Provident Fund due to the applicant on the date of superannuation(at the time of retirement calculated on the basis of the appointmentheld-by the applicant at the time of submitting the application for a housebuilding advance) is estimated to be Rs .
Signature .
Designation · .
Name of Office .
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1
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.lStrike out the alternatives not applicable.
FORM NO. 2
Abstract of cost of original estimates and detailed specifications (basedon details in Form No. 3), for grant of advances to the employees for thebuilding of houses.
Amount Rs.
Name:
Designation: .
Locality and address in which the house is proposed to be .constructed.
ItemNo.
Sub-heads and items of work Quantityor No.
Rate Per Amount Total
(1) (3) (5)(2)
J. EARTHWORK
(Earthwork excavation for foundations lorDand disposing of the surplus earth C:ft.etc.)
rI. CONCRETE WORK
(Foundation concrete with cement Or limeusing stone or brick ballast either below 1000
. fJOOT3 or for footings) C. ft.
Ill. DAMP PROOF COURSE
(Concrete of rich cement mortar or bitu-rnlnistic compound).
IV. ROOFING WORK·
(R. C. c.asb~stos orany ether type ofsuita blerooj; )
V. REINFORCED CEMENT CONCRETE
VI. MASONRY
(Bricks, Stone, concrete, blocks,.walls, etc.)
(4) (6) . (7)
.-<;, -:.-..-~":'::~~.,:
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ItemNo. Amount TotalSuo.h,ads and items of work Quantity ,~atll Per
(5) (6)(1) cl) (3) (4)
VII. WOOD WORK 0
IIi!
(Fur doors and wlndows, wo::!domo seanrlings for roofs, c:tc.)
VIII. STEEL WORK
(For reinforcements, holdfast, wil'\'dow bars etc.)
IX. FLOORING
(c "'l~r"!t~,stone or lli'ifble chip, ete.)
X. FINISHING
(Plastering, pointing, colour or while- washing, painting, etc.)
XI. MISCELLANEOUS
(Like rain water pipes, shelves, ]rtlh,chu1as, pegs, hooka fot fans,etc.
XII. SANITA~Y INSTALLA·TIONS
(Closets, connections, pipes, manholesdrains, etc.)
XIII. WATElt SUPPLY
('Pps, w,:ter meters, water tanks,G, I. PIP~, etc.)
XIV. ELECTRICITY
(Electr'c points, meters, eonneetioru,lines, etc.)
Total cost:
*Strike out if Dot appl;cabJa.
Signature of the applicant .
Date .
Note.-The abstract is to be. typed on a separate sheet (indicating the actualdetailed items ot works, rates, etc., proposed to be adopted) and <J.!tacb,ed to thtapplicatiQn. a,t th~ approl>!iate stage.
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§trORM NO. 3
Detailed estimates for an advance to an employee for the building of ahouse.
(Detailed estimate sheet teisupport the quantities given in Form 2)
Name:Designation:Office to which attached:
Locality and address in which the house is proposed to be built.i
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Measurement
serial Details of '!'lork No. .QuantityNo. Length breadth Height
(1) (2) (3) (4) (5) (0 (7)
EARTHWORK
Earthwork in excavation in aiJsoils for foundation and othertrenches and deposit'ng the ssmewithin one chain liIed lUl4 up to5'-0' lift.
Front. wall
Rear Verandah retaining' wall
Outsid:! wall
, Cornmon walls between rooms H
19~
19}
20}12i314:
2 59
H 442 622 '56.' 11"'l'
1 ~ ! 1
t ~;
250
W. C. front and rear
-do_ side
2
!t2 l''11Steps. in front aDd rear
Total earth work
Refilling the excavatedearth etc.
Continue details for all items
as given in sample Form No. t
Signature of the applicant ..Date ~
, Note.-The entries made in Cols, 3-7 against item 1 above are just to ex-plainIiow the entire fonn is to be prepared. It should be typed on a. separatesheet and dtached to the application at the appropriate stage,
@JFORM No. 4
Form of Mortgage Deed to be executed when the proper!y is freeh~ld.
This indenture made this day of one thousandnine hundred and .; .....• . between son of _ of atpresent employed as in the office of at ......... ..... ..... (hereinafter called "THE MORTGAGOR" which expres-sion shall unless excluded by or repugnant to the subject or context, in-clude his/her heirs, executors, administrators and assigns) of the ONEPART AND Central Board of Trustees, Employees' Provident Fund (here-inafter called "THE MORTGAGEE" which expression shall unless exclud-ed by Or repugnant to the subject or context include his successors in officeand assigns) of the OTHER PART:
I,9!it:III
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WHEREAS THE MORTGAGOR is the absolute and sole beneficialowner and is seized and possessed of or otherwise well and sufficientlyentitled to the land and/ Or house hereditaments and premises hereinafterdescribed in the Schedule hereunder written and for greater clearnessdelineated on the plan annexed hereto and thereon shown with the boun-daries thereof coloured and expressed to be hereby conveyed,transferred and assured (hereinafter referred to as "the said Mortgagedproperty").
;
iI-
AND WHEREAS THE MORTGAGOR applied to the MORTGAGEEfor an advance of Rs _ _.. (Rupees only) for the pur-pose of enabling the MORTGAGOR :
11. 2to purchase land and construct a house thereon or '(to enlargeliving accommodation in the existing house on the said hereditaments).
12. to construct a house on the said hereditaments, Or "(to enlargeliving accommodation in the house on the said hereditaments.)
13. to purchase a ready built aforesaid house.
AND WHEREAS THE MORTGAGEE agreed to advance to theMortgagor the said sum of Rs : on-certain terms and conditions .
. ~
IMention whatever is applicable.
lSubstituted by G.S.R. 1043published in the Gazette of India Part II,Section 3, Sub-section (i) dated the 17th .July, 1971. .'
135· .. -tANt> WHEREAS one of the conditions for the aforesaid advance is >~
..~ that the Mortgagor should secure the repayment of the said advance and,",'due observance of all the terms and conditions contained in the "The Em-
ployees' Provident Fund (Grant of Advances to Officers and Staff, otherthan Corrunissioners, for building/purchasing of houses) Rules, 1965"(hereinafter referred to as the "said Rules" which expression shall, where.the context so admits including any, amendment, thereof or addition there-to for the time being in f-orce)by a mortgage of the property described inthe schedule hereunder written.
\
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AND WHEREAS THE MORTGAGEE11. has sanctioned to the MORTGAGOR and advance of Rs .
(Rupees only) payable by such instalments and inthe manner as hereinafter appearing Z-has paid to the MORTGAGOR anadvance of Rs. (Rupees .: only) on and inthe .manner provided in the said Rules upon having the repayment ofthe loan with interest and the observance of all the terms and conditionscontained in the said Rules as hereinafter mentioned secured in the man-ner hereinafter appearing :
AND WHEREAS THE MORTGAGOR is to receive from Mortgageethe .aforesaid advance in the following instalments :~
IRs already received on .lRs '. : on tb~, .execution of this indenture by the
Mortgagor in favour of the Mortgagee.2Rs : when the construction of the house reaches
plinth leveL
2(Rs when the construction of the house reachesroof level provided the Mortgagee is__satisfied that the development of theareaIn which the house in built is complete in respect of amenities suchas water supply, street lighting,roads, -drainage and sewerage)... .
NOW THIS INDENTURE WITNESSETH as follows :-.
(i) (a) In pursuance of the said Rules and in consideration of thesaid advance sanctioned/paid by the'MORTGAGEE to theMORTGAGOR pursuant to the provisions contained in thesaid-Rules the MORTGAGOR DOTH hereby convel,ant withthe MORTGAGEE that the Mortgagor shall always duly ob-serve and peform all the. terms and conditions of the saidRules and shall, repay to: the"MORTGAGEE the said ad-vance of Rs. , '.' (Rupees only) by11 •••••••••.•••• monthly instalments ofRs. .. .
j' • IMention whatever is applicable. . .2Note.-The language will be modified if the mode of payment of advance is
-different from what' is prescribed in rule 5... .. 3This will not be more than 180 instalments'.
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(Rupees , only) from the pay of the Mortgagorcommencing from the month of Nineteen htm-dred and or from the month of following thecompletion of the house, whichever is earlier, and the Mor-tgagor hereby authorises the Mortgagee to make deduc-tions from his monthly pay/leave salary of the amount ofsuch instalments and the Mortgagor shall after paying thefull amount of the advance also pay interest due thereonin 1••.•................. monthly instalments in the manner andon the terms specified in the said Rules,. provided that theMortgagor shall repay the entire advance with interest infull before the date on which, he/she is due to retirefrom service, failing which the Mortgagee shall be entitledto enforce this Security of the Mortgage at any timethereafter and recover the balance of the advance then duetogether with interest and costs of recovery by sale of themortgaged property or in such other manner as may bepermissible under the law. It will, however, be open to theMortgagor to repay the amount in a shorter period.
(i) (b) In pursuance of the said Rules and in consideration of thesaid advance sanctioned/paid by the MORTGAGEE to theMORTGAGOR pursuant to the provisions contained in thesaid Rules the MORTGAGOR DOTH hereby covenant withthe MORTGAGEE that the Mortgagor shall always dulyobserve and perform all the terms and conditions of the saidRules and shall repay to the Mortgagee the said advance ofRs (Rupees only) by ;.. " .monthly instalments of Rs from the pay of theMortgagor commencing from the month of ' .19... or from the month following the completionof the house whichever is earlier, till the date of his super-,animation and the balance then remaining outstanding onhis superannuation together with the interest on the amountadvanced from the date of the advance to the date of re-
; ,
"
payment from his gratuity/death-cum-retirement gratuity/Contributory Provident Fund and the Mortgagor hereby au-
'. , thorises the Mortgagee to make deductions from his mon-thly pay/leave salary of the amount of instalments and fromhi~ .. gratuity/death-cum-retirement gratuity/ContributoryProvident Fund of such of the balances remaining unpaidat the date of his death/retirement/superannuation as here-inbefore imentioned, failing which the Mortgagee shall be
l'J'4is will not be more than 60.
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137
entitled to enforce this security of the Mortgage at any timethereafter and recover the balance of the advance then duetogether with interest and costs of recovery by sale of theMortgaged property or in such other manner as may be per-missible under the law. It will however, be open to theMortgagor to repay the amount in a shorter period.
Note.-Delete Clause (i) (a) or (i) (b) whichever is inapplicable.
(ii) If the MORTGAGOR shall utilise the advance for a purposeother than that for which the advance is sanctioned or ifthe MORTGAGOR shall become insolvent or shall ceasa tobe in service for any reason other than normal .retirernent,superannuation or if he/she dies before payment of the ad..•vanes in full, or if the MORTGAGOR shall fail to observeor perform any of the terms, conditions and stipulationsspecified in the said Rules and on his/her part to beobserved and performed then and in any' such cases thewhole of the principal amount of the advance or so muchthereof as shall then remain due and unpaid shall becomepayable forthwith to the MORTGAGEE'~ith interest there-on at 1•••..................... per cent per annum calculated from,the date of the payment by the MORTGAGEE of the firstinstalment of the said advance. '
(iii) In further pursuance of the said Rules and for the conside-ration aforesaid and to secure repayment of the aforesaidadvance and interest as shall at any time or times herein-after be due to the MORTGAGEE under the terms of thesepresents the MORTGAGORdoth hereby grant, convey, trans-fer, assign, and assure unto the Mortgagee ALL AND SIN-GULAR the said.Mortgaged property fully described in theSchedule hereunder written together with buildings erectedor to be erected by the Mortgagor on the said Mortgagedproperty or materials for the time being thereon with allrights, easements and appurtenances to the said Mortgagedproperty or any of them Ibelonging to HO~D. the said Mort-gaged property with their appurtenances including all erec-tions and building erected and built or to be erected andbuilt hereafter on the said Mortgaged property or mate-rials for the time being thereon unto and to the use of theMortgagee absolutely and for ever free from all eneumbran-ces. SUBJECT NEVERTHELESS to .the proviso for redemp-tion hereinafter contained PROVIDED ALWAYS AND it is
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lNormal rate of interest to be charged under the said R~es.
A-----~-~-
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138
hereby agreed and declared by and between the partieshereto that if the MORTGAGOR shall duly pay to the MORT-GAGEE the, said principal sum and interest hereby securedin the manner herein provided and also the other moneys(if any) determined to be payable by the MORTGAGOR tothe MORTGAGEE under the terms and conditions of thesaid Rules, then the MORTGAGEE will at any time there-after upon the request and at the cost or the MORTGAGORreconvey, retransfer and reassure the said Mortgaged pro--perty unto and to the use of the Mortgagor or as he maydirect.
(iv) AND IT IS HEREBY EXPRESSLY AGREED AND DECLAR-ED that INormal rate of interest to be charged under thesaid Rules, if there shall be any breach by the MORTGAGORof the covenants on his/her part therein contained or if theMORTGAGOR shall become insolvent or shall cease to be inservice for any reason other than normal retirement/supera-nuation or if he/she dies before all the dues payable to theMortgagee under these presents together with interest there-on shall have been fully paid off or if the said advance orany ·part thereof becomes payable forthwith under thesepresents or otherwise then and in any of such cases it shallbe lawful for MORTGAGEE without intervention of theCourt; to sell the said Mortgaged property or any partthereof either together or in parcels and either by publicauction or by private contract with power to buy in or res-cind any contract for sale and to resell without 'being res-ponsible for any loss which may be occassioned thereby andto do and execute all such acts and assurances for effectuat::ing any such sale as the MORTGAGEE shall think fit ANDIT IS HEREBY declared that the receipt of the MORT-GAGEE for the purchase money of the premises sold orany part thereof shall effectually discharge the purchaser,or purchasers therefrom AND IT IS HEREBY declared that,the MORTGAGEE shall hold the moneys to arise from anysal~ in pursuance of the' aforesaid power upon TRUST inthe first place thereout to pay all the expenses incurred onsuch safe and then to pay moneys in or towards the satis-faction of the moneys for the time being owing <?nthe Secu-rity o~ these presents and the balance, if any to be paid tothe Mortgagor:..- .--.;
INorm~l rate of interest to be charged under the said Ru}es,
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139
(v) The MORTGAGOR hereby' covenants with the MORTGAGEEas follows :-
r'
(a) That the Mortgagor now hath in himself/herself good rightand lawful author'ity to grant, convey, transfer assign andassure the Mortgaged property unto .and to the use of the
/
MORTGAGEE in manner aforesaid.
(b) That the Mortgagor shall carry out the construction of thehouse/additions to living accommodation in the aforesaidhouse exactly in accordance with the approved plan andSpecifications-on the basis of which the above advance has!been computed and sanctioned unless a departure there-from is permitted by the Mortgagee. The Mortgagor ~hallcertify, when applying for instalments of advance admis-sible at the plinth/roof- level, that the construction is be-ing carried out in accordance with the plan and estimatesfurnished by him to the Mortgagee, that the constructionhas reached plinth/roof level and that the amount alreadydrawn out of the sanctioned advance has actual1y beenUsed on the construction of the house, The MortgagorwHI allow the Mortgagee to carry out either by himself orthrough his representative an inspection to verify the cor-rectness of the aforesaid certificates, If a false certificateis furnished by the Mortgagor he/she will be liable to paythe Mortgagee' forthwith the entire advance received byhim and further, wil1 alsobe liable to such disciplinaryaction as may be permissible' under the rules of serviceand as applicable to the Mortgagor.
(c) That the Mortgagor shall complete the construction of thehouse/additions to living accommodation in the aforesaidhouse within eighteen months of 1•••••••••• unless an ex-tension of time is allowed in writing by the Mortgagee. Incase of default the Mortgagor shall be liable to repay for-thwith the entire amount advanced to him together withinterest calculated under the said Rules, in one lump sum.The Mortgagor shall report, to the Mortgagee the date of -completion of the house and furnish a certificate to theMortgagee that; the full amount- of the advance has been'
~or the purpose for which it was sanctioned.IHere rnent. -, , . .
to Mortgagor. 10n the date on which the first instalment oi the, advance is paidNote'-'-'CJ.a . 0', ',:' " .
purchase of readuses,.(b) and (c) are not applicable when the advance is for thethe constructionY bUllt.house or for repayment 9f loans taken by an applicant for
Or purchase of a house,
140(d) That the Mortgagor shall immediately insure the house at
his own cost, with the Indian Insurance Companies Associa-tion Po01, Bombay for a sum not less than the amount ofthe aforesaid advance and shall keep it so insured againstloss or damage by fire, flood and lightning as provided inthe said Rules till the advance is fully repaid to the Mort-gagee and deposit, the policy of insurance with the Mort-
_gagee. The Mortgagor shall pay regularly the premiumin respect of the said insurance from time to time and willwhen required produce to the Mortgagee the premium re- -llrceipts for inspection. In the event of failure on the partof the MORTGAGOR' to effect the insurance against fire,flood and lightning, it shall be lawful but not obligatoryfor the MORTGAGEE to insure the said house at the costof the MORTGAGOR and add the amount of the premiumto the outstanding .amount of the advance and theMORTGAGOR shall thereuporrbe liable to pay interest
thereon as if the amount of the premium had' been advancedto him as part of the aforesaid advance at till theamount is 'repaid to the MORTGAGEE)OR is recovered asif it were an amount covered by the . security of thesepresents. The Mortgagor 1- shall give a letter to theMortgagee as often as required; addressed to the Insurer,with which the house is insured with a view to enable theMortgagee to notify to the Insurer the fact that theMortgagee is interested in the insurance policy secured.
(e) That the Mortgagor shall maintain the aforesaid house ingood repair at his own cost and shall pay all the Municipaland other local rates, taxes and all other outgoings inrespect of the Mortgaged property regularly until theadvance has been repaid to the Mortgagee in full. TheMortgagor shall also furnish to the Mortgagee an annualcertificate to the above effect.
(f) The Mortgagor shall afford full facility to the Mortgagee.for carrying out inspections after completion of the houseto ensure that it ismaintained in good repair until theadvance has been repaid in full. . ~."-
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Q- III!(g) The Mortgagor shall refund to the Mortgagee, any amount
together with interest, if any, due thereon drawn on ac-count of the advance in excess of the expenditure incur-'red for whi~h' the advance was sanctioned .
-. (
@ t41(h) That the Mortgagor shall not during the continuance of these
presents charge, encumber, alien or otherwise 'dispose ofthe Mortgaged property.
(i) Notwithanding anything contained herein, the mortgageeshall be entitled to recover the balance of the advance withinterest remaining unpaid at the time of his retirement ordeath preceding retirement from the whole or any specifiedpart of the gratuity that may be sanctioned to the Mort-gagor. -". -,.,"~ \r
SCHEDULE ABOVE REFERRED TO
IN WITNESS WHERE0F.._THE Mortgagor has hereunto set hishand and Shri for and on behalf of the Central Board ofTrustees, Employees' Provident Fund, has hereunto set his hand and thecommon seal of the said Central Board of Trustees has hereunto beenaffixed day and the year first above written.
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Signed byIn the presence of
1st witness :
the said (Mortgagor)
Address:
Occupation
2nd witness :
Address:
Occupation
Signed by Shri for and on behalfof the Central Board of Trustees, Employees' Provident Fund Organisa-tion and the common seal of the said Central Board of Trustees is herebyaffixed in the presence of : .1st witness:
Address:
-..~l' "Occupation_/
2nd witness:
.,Address:
. Occupation ..
~ote.-Bellore paying stamp duty on this document the applicants are advis-. edcto contact the respective State Governments Administrations for ascertainingwheher exemption 'from payment of stamp.duty .is available: ;'
I)
i42;f:. FbRMNo.5
Form of Mortgage Deed to he executed .whenthe property is lease-hold~
'I'his indenture made this ', day of . ~ .one thousand nine hundred and . between .son of. . . . . . . . . . . . . . ... .. 0:( •...•.......... at present employedas _ ' in the Office of the " at (herein-after called "THE MORTGAGOR" which expression shall unless ex-cluded by or repugnant to the subject or' context include his/her heirs,executors, administrators and assigns) of the one PART AND CentralBoard of Trustees, Employees' Provident Fund Organisation (herein-after called "THE MORTGAGEE" which expression shall unless excludedby 'Or repugnant to the subject or context include his successors in office
j and+assigns'): of the OTHER pART. . .:.;: .
. WHEREASby a lease dated and made between .therein and hereinafter referred to as the lessor and the Mortgagor here-inthe lessor demised to the Mortgagor the property situated at .and more particularly described in the Schedule hereunder written fora term of ,'.... years commencing from at theyearly /monthly rent of Rs. and subject to the perfor-mance and observance of the covenants and conditions therein mention-ed.
AND WHEREAS THE MORTGAGOR applied to the MORTGA-GEE for an advance of Rs. (Rupees only) for thepurpose of enabling the MORTGAGOR.
1l. 2[to purchase land and to construct a house thereon] '(to enlargelH.living!aCcommodation in the existing house .on vthe vsaid hel'editaments).
!:d" ,.~ 'i2: to construct a house orrthe said he~~dit~unen.ts,'o~ '(to enlarge" living ac'commodation in the house on the said hereditaments) ..
13.' to purchase a ready built aforesaid house.
-AND WHEREAS THE MORTGAGEE agreed to advance to theMortgagor the said sum of Rs on certain terms' and conditions.
AND WHEREAS one of the conditions for the aforesaid.advance isthat the Mortgagor should secure the repayment of the said advance "anddue observance of all the terms and conditions contained in' "the "TheEmployees' Provident Fund (Grant of Advances to' Offlcersc ando'Staff,-------.---~-------------..........:.--
: ,,·',2, ",',;lMention, whatever is· applicable. " .., ,."!"'-2Inserted wide G.S.R. 1043, 'published inr the Gazette of India Part'U;,Sectiin3, Sub-section (i) dated the 17th':JiUly, 1971." pvevvuun.
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other than lCommissioners;" for' budding/purchasing of house) Rules,1965" (hereinafter referred to as the "said Rules" which expression shallwhere' the context so admits include) any amendment ther-eof:oradditionthereto for the time being in force) by a mortgage of the property describ-ed"m'the Schedule hereunder written.
AND ,WHEREAs THE MORTGAGEE.
11. has sanctioned to the Mortgagor an advance of-Rs .(Rupees ' ' , on1y) payable by such instalments and in the
___<"J~ manner, as: hereinafter appearing.]
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Ihas' paid to the Mortgagor an advance of:, Its. . .(Rul1ees ; '" only) on· ; ·.. ;'.':.,. andjn the mannerprovided in-the said Rules upon having theFepayment of the loan withinterest .and observance of .all the terms' and 'coriditions contained in thesaid.iRulas as hereinafter mentioned secured, in the manner hereinafterappearing."
'.AND~WHEREAS THE MORTGAG:OR -is to ~receive.~rom the Mort-
ga~~. thecaforesaid-advance: in' the following instalrnents-: ~'.. I
.~
received on .. :.. : lRs. in theindenture by the' M6rtgagor~in favour of
'(1~s;, : already.execution of' this, the Mortgagee;
I·Rs:r; .,~... Wh~I)' the. censtriictlon of· the ,house reachesplinth level,
IIRs. •.................... When the constructioil' of ~the house reachesroof level, provided the Mortgagee is satisfied that the,development of the area in whi~h the hcuseisbuiltIs com-plete in respect of arnenitfes such as waJer, supply, stre.t.
, lighting; roads, drainage 'and. sewerage). .) .
_ sANb: WHEREAS the lessor of the said premises has given his ap-prov'~Ofo;r:therriortgage 0* the condition that if thepro;perty"be sold underthe-.:.powersi..herein'contained, otherwise he will' be paid flrst;'after the costof such, sale, <,his shareof the unearned :increaseas 'provided in the said!.ease! .
iMehfion 'whatever is applicable. . ,. ., ,.2Note.-The language .will be modified.if the mode of payment o:! advance
is difl'erenf"fromwb'ii.t is' prescribed in Rule,. 8. • . .' . ;'_.'3Note.-This zppl'ied to Nazual lands (rt'9Jma.liY)·'~to;,be'liilsertoo"wherever
applicable. .
(i) (a) In pursuance of the said Rules and in consideration of thesaid advanceeanctioned/paid by the Mortgagee to theMORTGAGOR pursuant to the provisions containedin the said Rules the .MORTGAGOR DOTH herebycovenant with the MORTGAGEE that the Mortgagor shallalways duly observe and perform an the terms and condi-tions of the said Rules and shall 'repay to the MORTGAGEEthe said advance of Rs. . .............•.. (Rupees .only) by .. , " monthly instalments of Rs...•.. '(Rupees 'only) from the pay of the Mortga-gor commencing from the month of Nineteenhundred and ,.. , or from the month following com-pletion of the house, whichever is earlier and the Mortgagorhereby authorises the Mortgagee to make deduction from hismonthly pay/leave salary of the amount of such instalmentsand the Mortgagor shall after paying the full amount of the'advance also pay interest due thereon in 1.••.••..•••• monthlyinstalments in the manner and on the terms specified in thesaid Rules. Provided that the· Mortgagor shall repay the:.entire advance with interest in full before the date on whichhe/she is due to retire from service, failing which the Mort-gagee shall 'be entitled to enforce this security of the Mort-gage at any time thereafter and recover the balance of theadvance' then due together with interest and costs of reco-very by sale of the mortgaged property. or in .such othermanner as may be permissible under the law. It will, how-ever, be open to the Mortgagor to repay the amount in ashorter period.
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@Now rms INDENTURE WI'n .•rzsssra as follows
(i) (b) In pursuance of the said Rules and in consideration of thesaid Advance sanctioned/paid by the MORTGAGEE to theMORTGAGOR-pursuant to provisions contained in the saidRules the MORTGAGOR DOTH hereby covenant with theMORTGAGEE that the Mortgagor shall always duly observeand perform all the terms and conditions of the said Rulesand shall repay to the MORTGAGEE the said advance ofRs.· ;.. (Rupees .•............ only) by - .monthly instalments of Rs '.. from the pay of theMortgagor commencing from the month of·· .... 19.. or fromthe month following the completion of the house whichever
_1Th!~will not be more than ,~.
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is earlierv.tillfhe d~teofh~s,superannuatiori __and the balance', then' rems1iiing ~;uJ~tancung on his superannuation together:'with, th~ ~ter€st '~n :th~amount advanced from the date ofth~ ?d~3:nd~(ci'~th~~'d~teof repayment from 'his,gratl!ityldeath-cum-retirement gratuity IContributory Provident .FUnd'and the Mo:rtgagor'h~reby authorlsesthe Mortgagee to-makedeductionsIrojnhismonthly pay/leave salary of the amountOf such instalments' and from: his, gratuity/death-cum-retire-"ment gr,a:t~uitY:LContributoryPfovidel1t Fund or such of thebalances' rerrtaiiUhg' 'unpaid., at the date of 'his' dea1Ji/retite-merit/superannuation as' hereinbefo~e m~ntioned,' failing'which the --Mortgagee shall be entitled to enforce this secu-:rity of tA~ ,l\1ortgage 'at any time thereafterand recover thebalance of, th,~c'adv.a"nce"then due' together -with interest, andcosts of recovery by sale of the mortgaged property orinsuchother manner asmay-bepermissible underthe Iaw. It will,however," be __open, td·the'Mortgagor to repay the, amountIn,a shoiterp.~ed!-,;~,', .', , '
.. ;,
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Note.-' Delete clause ,(I)(a).,Qr;(i) (b); whicbevet is ,inapplicable):- - - , - .- -: ~~_ ,'" -.- . :
(it) if the -MORTGAGOR-s~al(:u~ilise the advancefor -aputp6se ,"other than that/fQi~\v~~~h the .advance issanct'ioned or if the. ~.Moi-tg~gor ~~~?ji'&~Qm~~~~ly~t:,o~sii~rc~w' t~>';be":'-iil" ,.'
,, service for"arl:y .'r~6n'~tl1fu.:t;Siui nofmar'reiii-~rnentisUpe ....:'rannlia,tioh;,*r}~g,li~~e-e~i:li~:before 'p~~efft '(jf th~',',a:~v~'ce\..fnfull, 01'--'1£ the MORTGAGOR shall Iail-toobserve or per-
. ~" .,'" . ::- \'-'':1<'' ,~~."":-.'" • • - - • ;:>O}~_ . ,', .,~'.", .' ~
-formariy .0f,We t~rms/cpn~~ionsand stip1!latio~s_specified: ', in the said l\ul~san,dp~~hislh~ partto be, observed .and per--forriied,th~ii'a'Bd"~iii;:ailY7,~ch'case-"thewhole oLthe' Pfmti--pal a~ohrlfc'of"~~h~,:·~qyallt~~r';~much ther~oi a;-'khhli' tll~h > " ,
reinain,:ilu~:iai).d;iillprud'-shall'-become" payable, forthwith' to" • . -.., 'f,~'.-. '_'=:'. ,-.-,,," .~:' ,.,J;._ •• »:»>: _". : '. -, '~'.~'.._ . ".- ., .
',: the~MORTGAGEE~:with~{ii1terest thereof"aLl~:: .. :..... :~ :~"" per ~eIit'pet;ih~~m~~~~~Ui~£~t{'-fi-oci'the'd§t€ <i'the' p~~eht, -by th~~'M0RTGAGiE:~i:'th~'firit\ktaim~rit pf:'the 'said <ia:.'·'v~ce. '.' ".', ',. ',., . "'-';~\;" . ".,r " ','" ',". .". "'''',. .'
~.:. :,",., .. :.~;: . :'-.~ . :':-..':":~'< .v.•.-~:!~.-:-, : '-,::'.':':':";<>L!7:':;/~:~;-"\~>- ,'~: _' :">. :":,,.: ", '.-':.:.-
(Ui) In future' pursUance' of':the said Rules and for the considera- '. _ .~o'"_~ • \.\0 -,c,.: ~,,::",.•t.:'. ~ '-!."'( i; ~ ,~ .... ~~, -~.~_~ •. ", ....r••_ .- "''''''~';.. '.,,~. .' .
tio~ ~f9re'p~~d:;:aI).ft.~J,()\s~~re ';oepaYlii.en,t:.'6!.',the' aforesaid <,
-•..·.~",~l~~f!,~.!"~:,g~~~~~I~~~t'i{f~t:t:~f~r!4f,;~:
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assure unto the Mortgagee ALL AND SINGULAR the saidproperty comprised in the said Lease, dated , andmore particularly described in the Schedule 'hereunder writ-ten together with buildings erected or to be erected by the1:Iortgagoron, -the said propertyfhereinafter referred to asthe Mortgaged property), or materials for the time beingthereon with all rights, easements and appurtenances to thesaid Mortgaged property or any of them belonging subject tocove-ncirits by"the]essee and to' ihe'condiUons therein contain-ed to'liOL't) th~ same unto th~ Mortgagee absolutely but sub-ject toterms andcovenants ,of the said "lease and subjectnevertheless' to the proviso for redemptiorrhereinafter con-tained PROVIDED ALWAYS .ANDlt is hereby agreed anddeclared by and betweenth~ parties hereto that if the MORT-GAGOR shall duly paytothe MORTGAGEE the saidprinci-pal sum and interest hereby secured in the manner hereinprovided and also the other moneys' (if any) determined tobe payable by the MORTGAGOR-to the MORTGAGEE underthe terms and conditions of the said Rules, then the Mort-gagee will at 'any: time there'after· upon the 'request- and at,the cost of the MORTGP~GORreconvey, retransfer and reas-sure the said Mortgaged property unto and to the use of theMortgagor or as he may 'direct,
(iv) AND IT IS HEREBY EXPRE-SSLYAGREED AND DECLAR-ED that if there shall he any breach by the,MORTGAGOR ofthe covenants on his/her part herein contained or if theMORTGAGOR shall become insolvent or shall cease to be inservice for any' reasonother than normal retirement/super-annuation orif'he/sh'e dies befol"e'all the, dues payable tothe Mortgagee under itliese presents together with interestthereon shall havebeen fully paid off or if the said advanceor any part thereofbecomespayable forthwith under thesepresents or -otherwise 'then and. in- any of such cases it shallbe lawful for the MOR1'GAGEE','I'C)'SELL without the inter-vention of the court, the said Mortgaged property or anypart thereof either together or in parcels and either by publicauction or by private' contract with power' to'buy in or res-cind any contract for sale- andte resell without being res-ponsible' for any toss which may: be occasioned thereby andto do and- execute-all such acts-and assurances for effectua-ting 'any 'such -sale'as the<MQR'l'GA~$E -shall think fit andIT .IS HEREBY declared .that the receipt o~,.the MORTGA-GEE for the pl1~wasemoney or the-premisessold.or-any part
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. thereof shallefTe-cttlally. discharge the. purchaser or purcha-sers therefrom AND l'tISHEREBY declared that the MORT-GAGEE shall hold the moneys to arise from any sale in pur-suance of the aforesaid power UPON. TRUST in the firstplacethereout to pay all the expenses incurred on such salel[and In the next place to payto , the lessor orthe Mortgaged property 50 per cent of theunearned increase pursuant to clause of the saidlease] and then to pay moneys in or towards the satisfactionof the moneys for the time being owning oil the security ofthese presents and the balance if any to be paid to the Mort-gagor.
(V) The MORTGAGOR hereby covenants with the MORTGAGEEas follows :.-
(a) That the Mortgagor now hath in. himself/herself good rightand lawful authority to grant, convey transfer, assign andassure tha MORTGAGED property unto and to the use of
the MORTGAGEE in manner aforesaid.'2'(b)That the Mortgagor 'sliill,ca:rryout the' construction of the
house/additions to liv-ing accommodation in the aforesaidhouse exactly in accordance with the approved plan andspecifications on the basis dI'whiCh the above advance hasbeen computed 'and sanctioned unless a departure there-from is' permitted-by the-Mortgagee: The Mortgagor shallcertify, when applying for instalments- of' advance admis-sible atfha pIintlili:.dOfli!vel,-that the- construction is beingcarried out in accordance witH' the- plan and estimates fur-nished DJ Iiirrrto tbt:rM6rfgag'~e, that the construction hasreached=pfinth/roof level and that the amount alreadydrawn out of the' sanctioned advance has actually beenused' on the' construction -of the house: The Mortgagorwill allow the Mdrtga:g~eto cfu-ry out either by himself,or through his representatives anInspection to verify, thecorrectness of th~' a£~r~said certlficates: If a false certi-ficate is furnished" by the Mo-ttgag6t lie/she will be liableto pay to the Mortgagee forthwith' the entire advance re-ceived by him/her and further will also be liable to suchdisciplinary action as' may be permissible under the rulesof service-as applicable~to theMortgagor,
2(C) That the Mortgagor shall' complete the 'construction of thehouse/ addition to. living accommodation in the aforesaid
I-
. INote.-In case of Nazual lands in Delhi and in similar- cases wherever ap-plicable. '" . .... ,': •. -'. '.' . !!Cl:iuse~tb) and (c") ai'e'libtap.pii<,:~gie\~fhhli:·:t1i'e'adVance is ror the pur-ehase 01 ready built house. . . - . . . . . .
1- _
, house within eighteen months of 1••••. ',' • i unless anextension of time is allowed in writing by the Mortgagee,In case of default the Mortgagor shall be liable to repayforthwith the entire amount advanced to him together withinterest calculated under the said Rules, in one lump sum.The Mortgagor shall report to the Mortgagee the date ofcompletion of the house andturnish a certificate to theMortgagee that the full amount of the advance has beenutilised for the purpose for which it was sanctioned.
(d) That the Mortgagor shall immediately insure the house athis, own cost, with the Indian Insurance Companies Asso-ciation Pool, Bombay for a sum not less than the amountof the aforesaid advance and shall keep it so insured againstloss or damage by fire, flood and lightning as provided inthe said Rules till the advance is fully repaidto the Mort-
gagee' and deposit the policy of insurance with the Mort-gagee. The Mortgagor shall pay regularly the premiumin respect of the said insurance from time to time and willwhen required produce to the Mortgagee the premium re-ceipts for inspection. .In the' event of failure on the partof 'the MORTGAGOR to effect the insurance against fire,flood and lightning it shall be lawful but not obligatoryfor the MORTGAGEE to insure the said house at the costof the MORTGAGOR and add the amount of the premiumto the outstanding amount of the advance and the MORT--GAGOR·shall thereupon be liable to :.pay interest thereonas if the amount of the premium h3.(H~eenadvanced to himas part of the aforesaid advance at . ,.: till the, amount is repaid to the Mortgagee- or is, recovered as if itwere an amount covered by the security, of these presents.The Mortgagor, shall give a letter-to theMortgagee as oftenas required addressed-to the Insurer, with which the house'is insured with a view to enable the Mortgagee to notifyto Insurer the fact, that the .Mortgagee.is interested in the
, Insurance Policy secured. -(e), That' the Mortgagor shall maintain the' aforesaid house in
,good repair at his own cost and shall pay all the Municipalarid other local. rates,ta'xes and all other outgoings inrespect of the Mortgaged property regularly until theadvance has been repaid to' the Mortgagee- in full. The
, Mortgagor shall also furnish to the Mortgagee an annualcerfificate to the above effect.
,I
---- --------------~-----------.,-,-~-. lHere mention. the date on .which .the .first instalment Q~ the ~vance' is ~~\gto M<U'~or. ' ' __' ,' _' ' ,~, -
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(f) The Mortgagor shall afford full facility to the Mortgagee forcarrying out inspections after completion of the house to,ensure that it is maintained in good repair until the ad--vance has been repaid in full.
(g) The Mortgagor shall refund to the Mortgagee any amounttogether with interest, if any, due thereon drawn on ac-count of the advance in excess of the cxpendlture incur-red, for which tha advance was _sanctioned.
(h) That the said lease, dated ,... is now valid andsubsisting lease of the said Mortgaged property and arein no wise void or voidable and the rents and the covenantsand conditions in and by the indenture of lease reservedhave been paid, performed and observed upto the date ofthese presents and that the same is assignable in the man-ner hereinbefore stated,
(1) That the Mortgagor will so long as any money shall remainowing on security of the said Mortgaged propertyHere-inbefore expressed to be hereby assigned and, in -any casefor the period of the said agreement, duly observe all,thecovenants by the Lease and conditions contained in thesaid Indenture of Lease referred to in the Schedule here-under written and keep the Mortgagee indemnified against'all actions, suits, proceedings, costs, charges, claims anddemands which will be incurred or sustained by reason of'the non-payment of the said rent or the breach, non-per-formance or non-observance of the said covenants and con-ditions or any of them,
(j) That the Mortgagor shall not during the continuance of these, presents charge, encumber, alien or otherwise disposeof tile Mortg8ged pro~-xty.
(k) Notwithstanding anything contained herein, the Mortgageeshall be 'entitled to recover the 'balance of the advancewith 'interest remaining unpaid at the time of hi~retire-, ment-or _~eath preceding retirement from the whole oranyspecifi.~d part of the gratuity that may. be sanctioned tothe 'Mbrt~asor. -
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150·: ([B. SCHEDULE ABOVE REF.EJlRED TO
IN WITNESS WHEREOF the Mortgagor has hereunto set his handand Shri for and on behalf of. the-Central Board of Trustees,Employees' Provident Fund Organisation, has hereunto set his hand andthe common seal of the said Central Board of Trustees has hereuntobeenaffixed the day and the year first-above-written.. .
Signed by the said (Mortgagor). .
1st witness:
Address:
Occupation:
2nd witness:
Address:- "~,<.,t\.- ~-
Occupation:
Sighed' by Shri ... :.............. for and, on behalf .ofthe Central Boardof 'fr:u.§;~ees,'Employees'<Provident Fund .Qrganisation and the commonsealof the said Central Board ot-Tni.st.ee isherebyaffixed in the presenceof~· ,.:..
Ist.witness:
Address:,
Oceupatiom .
2nd witness:
Address:
Occupation :
." "~No~e:~'j:i~'fo~e paying s~'¥p ·.d)ltio~ .this· document ~th.~,applicants are. ~d-vised to' contact the respective- State·Go.vernment/Admm,lstIons;·,for ascertainingwhether exemption from payment of stamp duti.v ~ ..~,v.~l~l~k. I
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... '" :./. FORM No.-6 e'
Form of Agreeme;t-·to'bee~ecu.ted at the time of i:Ir3'*ifi~hm'ag~a~ce byan employee f.ot ~[purchase of plot ofIand and] building ahouse,erilarge- .m~nrdf.,e':icisting':ir6).lseand purchase '(ji.a'f~ad:r-b~iiFH~p~~.:~-i.:1 .."~ ,~'~'):~f.Htl,~~,_-~j.~';~{~~·-;;j>"'.' '~':'.' .-- . T.'~:· ..:,.{;~...,:=: ..... ". ;
'. ';;:'1:' "~J~!j:~ln~~';;'~/({'~;""":: . .', .::'. ,'>i:' ,,;. . ',,; -: .AN~·:4~REWMENT MADE THIS day of ..•... ~ ,
~;e..~.~~~j~;1~~I;;~~~~j·f~;~!:~~ds:;~~~;'::~~~.:"::<~:~:n'~~~~~~i~i·;~\b~h~~'the:iB'Orf~Wl~r':Wlli'd1' :e*pression shall-unless ·exc1uaeJh\oy:t~ri:r~P'ugn~nt.t'0::the~isubject orcoitfext' include' his heirs, executorhaphJ.nisfiatois.;~mdle-g-allr~pfesenMtivffsiflb.f; the ori~'PARTANDth~ 'Genti~l':)Bd:ard"~fTr.~~e~~;,EJiriploy~~'Si:p(4~aent"Ftind: (hereinafter cailed: th~·;~rrtp'tH?ees'::r~oVid~~t.Fund Orgapisaii~ri) .which expression=shall unle~st~:kClilcl~~'b§- Or re~~g.:nant tothesubjector context include his successors in offfc~ and. as~igils)o:fr(th~-OIDHE-RFAR'TI . . , t;'.f~ C' \: ;,':j, ".',':
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152 §the Borrower as provided in the said rules, the Borrowerhereby agrees with the Employees' Provident Fund Orga-nisation :
(a) to repay to the Employees' Provident Fund Organisation thesaid amount of Rupees (insert full amountsanctioned) with interest calculated in accordance with thesaid Rules for the time being in force by .(number to be filled in) monthly instalments of Rupees ... from his pay commencing from the month of .nineteen hundred and or from the month follow-ing the completion of the house whichever js earlier andthe Borrower hereby authorises the Employees' Provident
Fund Organisation to make such deductions from hismonthly pay and leave salary bills.
(b) l[(i) Within two months from the date of receipt of theamount of Rs. (insert amount of instalmentto be paid) out of the said sanctioned advance or Withinsuch further time as the competent authority may allowin this behalf, to expend the aforesaid amount in the pur-chase of land and to produce for inspection of the sanc-tioning authority the sale deed in respect thereof failingwhich the Borrower shall refund to the Employees' Pro-.vident Fund Organisation, the entire amount of the ad-vanes received by him together with interest theraon.]
(ii) Within three months from the date of the re-ceipt of the aforesaid advance of Rs (Rupees .only) to expend the aforesaid amount in the purchase of .the said ready built house and mortgage it to the Emplo-yees' Provident. Fund Organisation failing which the bor-rower shall refund forthwith to the Employees' ProvidentFund Organisation the entire amount of advance receivedby him together with interest there on unless an extensionof time is granted by the competent authority. .
(iii) to complete construction/ enlargement of the said housewithin eighteen months of strictly in accor-dance with the plan and specifications to be approved bythe Employees' Provident Fund Organisation and ·on thebasis of which the amount of advance is to be computedand sanctioned finally or within such extended period asmay be laid down by the competent authority.
lSubstituted vide G.S.R. 1043 published in the Gazette of India. Part H,Section 3, Sub-section (0 dated the 17th July, 1971.
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@-- 153(2) If the: actual amount paid by the borrower for lthe purchase
of land and building a house thereorr/venlarging the house/lthe purchase of the ready built house is less than the amountreceived under these presents by the Borrower to repay thedifference to the Employees' Provident Fund Organisationforthwith.
(3) To execute a document mortgaging the said house/landalongwith the house to. be built thereon to the Employees'Provident Fund Organisation as security for the amountadvanced to the Borrower under these presents as also forthe interest payable for the said amount in the form provid-ed by the said Rules.
(4) 2[lf the land is not purchased and the sale deed thereof notproduced for inspection of the sanctioning authority withintwo months of the date of drawal of the part of the advancefor that purpose, or within such further time as the compe-tent authority may allow in this behalf lif the house is notpurchased] and mortgaged within three months of the drawalof the advance or within such further time as the competentauthority may allow in this behalfjIif the Borrower fails t~complete the construction/enlargement of the said house ashereinbefore agreed, or if the Borrower becomes insolventor quits the service of the Employees' Provident Fund Orga-nisation or dies, the entire amount advanced together withinterest accruing thereon shall immediately become due andpayable to the Employees' Provident Fund Organisation.
(5) The Employees' Provident Fund Organisation shall be entitl-ed to recover the balance of the said advance with interestremaining unpaid at the tiIne of his retirement or death pre-ceding retirement from the whole Or any specified part ofthe gratuity that may be sanctioned to him.
(6) Without prejudice to any other right of the Employees' Pro-vident Fund Organisation in that behalf, if any amount be-comes refunoable or payable by the borrower to the Emplo-yees' Provident Fund Organisation, the latter will be entitl-ed to recover the same as arrears of land revenue.
IStrike off whichever is not applicable..2Substituted vide G.S.R 1043,-published in the Gazette Qi! India, Part LI,
Section 3, Sub-section Ci) dated the 17th July, 1971,
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154(7) "The stamp duty payable on these presents shall be borne
and paid by the Employees' Provident Fund Organisation.
SCHEDULE ABOVE REFERRED TO
In WITNESSWHEREOFTHEBORROWERHASHEREUNToset his hand andthe Central Board of Trustees, Employees' Provident Fund has caused .. .. .... ... for and on its behalf to set his hand the date and year first beforewritten.
Signed by the said Borrowerin the presence of.
(Signature of the Borrower)
1st Witness:Address:Occupation:2nd Witness:Address:Occupation:
Signed by Shri in the Office.of the
(For and on behalf of the CentralBoard of Trustees, Employees' Pro-vident Fund).
in the presence or;
1st Witness:Address:Occupation:2nd Witness:Address:Occupation:
lStrike off this clause IT agreement is executed in states other than Assam.Gujarat, M. Pradesh, Maharashtra, Punjab, Rajasthan, 'UrPradesb, W. Bengal andBihar. (This clause shall be retained in 'respect of the agreements'executed in theUnion territories). ' "
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155IFORM No. 7
Special form of Agreement to be executed by an employee forpurchase of land and building a house, in a caSe in whichthe title to the Iand will pass to him after the house isbuilt.
AN AGREEMENT MADE' THIS day of .ONE THOUSAND NINE HUNDRED AND· BETWEEN.................. son of . . .. at present serving as .(hereinaftor called 'the Borrower', which expression shall unless exclud-ed by or repugnant to the subject or context include his heirs, executors,administrators and legal representatives) of the one PART AND CentralBoard of Trustees, Employees Provident Fund, (hereinafter called theEmployees' Provident Fund Organisation' which expression shall unlessexcluded by or repugnant to the subject or context include his successorsin office and ass-igns)of the OTHER PART.
WHEREAS the Borrower desires to purchase from .(insert. name of the vendor) the land at described in the-Schedule hereto and to construct a hOUSt~on the said land;
AND WHEREAS pursuant to an agreement between the said .and the Borrower the conveyance of the said land will be executed bythe said (insert name of the vendor) in favour of the Bor-rower only -on the construction of the house there on.
AND WHEREAS the Borrower has under the provision of the Rulesframed by the Central Board of Trustees, Employees' Provident Fund toregulate the grant of advances to its employees for building of houses,etc. (hereinafter referred to as the 'said Rules', which expression shallwhere the context so admits, include any amendment thereof or additionthereto for the time being in force) applied to the sarictioning authorityfor an advance of Rupees for the purchase of land and cons-truction of a house thereon and the latter has sanctioned an advance ofRupees (insert full amount sanctioned) to the Borrowerviqe Jh~ Office letter No dated a copy of which is.annexed to these presents .for the purpose aforesaid on the terms andconditions set forth therein :
(1) In consideration of the sum of Rs : (insertamount of the first instalment) to be paid by the Employees'
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NOW IT IS HEREBY AGREED BY and between the parties heretoas -follows -
.. ~FQrminserted by G,S.R. 1043published in the Gazette d! India=-Part IISection 3, Sub-section (i) dated the 17th July, 197L
IM
Provident Fund Organisation, after the execution Of thisagreement for the purchase of land and the sum ofRupees (insert balance amount to be paid) tobe paid by the Employees' Provident Fund Organisation tothe Borrower as provided in the said Rules, the Borrowerhereby agrees with the Employees' Provident Fund Organi-sation :
(a) to repay to the Employees' Provident Fund Organisation thesaid amount of Rupees (full amount of loan)with interest calculated in accordance with the said Rules •for the time bein~ in force by , (number to befilled in) monthly instalments of Rupees ' fromhis pay commencing from the month of .nineteen hundred and or 'from the monthfollowing the completion of the house, whichever is ear-lier and the Borrower hereby authorises the Employees'Provident Fund Organisation to make such deductions fromhis monthly pay and leave salary bills;
(b) to assign in favour of the Employees' Provident Fund Orga-nisation by way of security all his rights as the purchaserof the said land in respect of the said land and as againstthe said (insert name of the Vendor) as soonas he has paid the purchase price of the said land and ob-tained possession of the said land and for the purpose exe-cute a further assurance in the form provided in the saidRules;
(c) to complete construction of the said house within eighteenmonths of the date of drawal of the first instalment of ad-vance strictly in accordance with the plan and specifica-tions to be approved by the Employees' Provident FundOrganisation and on the basis of which the amount ofadvance is to be computed and sanctioned finally or with-in such; extended period as may be laid down by the com-petent 'authority;
(d) if the actual amount paid for the construction of the houseis less than the amount received under these presents bythe Borrower to repay the difference to the Employees'
: ,,: ", Provident Fund Organisation forthwith ; and
(e) to.execute a document mortgaging the said land along with, the house built thereon to the Employees' Provident Fund,
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157Organisation as security for the amount agreed to be ad-
vanced to the Borrower under these presents as also forthe interest payable on the said amount, in the form pro-vided by the said rules, as soon as the house hasbeen 'builtand the necessary conveyance or assurance has beenexecuted in his favour.
(2) If the Borrower fails to complete the construction of the saidhouse as herein before agreed, or fails to execute the furtherassurance after he has paid the purchase price of the saidland and taken possession of the said land or fails, to exe-cute the mortgage deed after the necessary conveyance or as-surance has been executed' in his favour or if the Borrowerbecomes insolvent Orquits the service of the Employees' Pro-vident Fund Organisation or dies, the whole amount of theadvance, together with the interest accruing thereon shall
-immediately become due and payable to the Employees' Pro-vident Fund Organisation.
(3) The Employees' Provident Fund Organisation shall be entitl-ed to recover the balance of the said advance with interestremaining unpaid at the time of his retirement or death pre-ceding retirement from the whole or any specified -part of
- the gratuity that may be sanctioned- to him. ' .
(4) Without prejudice to ~y other right of the Employees'Provident Fund Organisation in that behalf, if any amountbecomes refundable or payable 'by the Borrower to the Em-ployees' Provident Fund Organisation, the latter will be en-titled to recover the same as arrears of land revenue.
1(5) The stamp duty payable on thes~ presents shall' be , borne'• • • f " ! .I ~-
and paid by the Employees' Provident Fund Organisation,
SCHEDULE ABOVE REFERRED TO,,- --/:: .
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IN WITNESS WHEREOF THE BORROWER has hereunto set hishand and the Central Board of Trustees, Employees' Provident: Fund ;has
IStrike oft this clause ii the agreement is executed in the state. oth~rfth~nAssam, Gujarat, Madhya Pradesh, Maharashtra, Punjab, Rajasthan, Uttar Pradesh,West Bengal and Bihar. (This clause shall be retained in respect ot' the agreementsexecuted in the Union Territorie••) .", ' ~;:'. '
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159caused for and on its behalf to set his hand the date and yearfirst before written.
Signed by the said Borrowerin the presence of :
(Signature of the borrower)
Ist Witness:
Address:
'Occupation:
2nd Witness:
Address:
Occupation:
Signed by Shri in the Office of ---------
in the presence of :
(For and on behalf of the' CentralBoard of Trustees, Employees' Pro-vident Fund.'
Address:
Occupation:
2nd -Witness:
Address:
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t » ,'159lFORM NO. 8
. Special form of agreement.i to ,pe executed by an: employeebefore dt~wilig" the second instalment ofadvanc~ , 'forbuilding a'.hollSe.,in ..a .case in which he has drawn -the'first insta~erit ~l!,9-d\rance'/l~r purchasing the land' after, e'X:€cuting'an Agreement ill Form No. {}'0(1-" No. 1: andwhere the title to the- land will be passed to him after Hiehouse is built.
:( ~.AN AGREEMENT MADE THIS DAYS OF ONE
THOUSAND NINE IIiUNDREO AND .. ', ..... ' BETWEENsOI1of.,. ' ' at 'present serving as , ' (herein-after called 'the Borrower' which expression shall unless excluded by orrepugnant.rto i the subject or context include his heirs, 'executors, ad-.ministrators and legal, .representatives) of the one PART AND theCentral Board o~'Trustees. 'Etrnployee,s' Provident', Fund (hereinafter.called: 'the .Employees': .Provident' Fund Organisation, which expressionshall unless -excluded by 'or repugnant to the subject or context includeshall, unless' excluded' byor -repugnant to the subject of context includehis successors in 'office arid: a§sighS) 'of the other part.
,WHEREAS the' Borr6weF' 'd~:sires to construct a house on the landat ,described in the' .SCheduled hereto .. ,.'
AND WHEREAS the Borrower has under the provisions of theRules framed by. the Central Boardof Trustees to 'regulate tjhe grant o£advances to=its employees for building etc.jof.houses, (hereinafter referredto as the 'said Rules' which expression shall where the context so admits,include any amendment thereof', or addition thereto for 'the time being inforce) applied' to the sandi6pi,ng a~N~ority:for an 'advance of Rupees .'and the" latter has san~tion~d.,,1l-n-,:advanceOf Rupees ..(insert .:fUl'l amount Sahcti.oried)·'to the·,Borr.ower vide Office letter'No.' :~;.... ':': 'dated ... ~:,~ qP'PY'9i'~¥ch is annexed to-these presents forthepurpose 'aforesaid on the terms and conditions' set forth therein. Andwhereas pursuant to an ~g~eeinent dated __ ,..executed between theparties hereih"the ,E~p~6Yfe~'#r.o:y~pF!ntFund Organisation advanced totheBorrower asum of ~:' ..:,,,~: :(il).sert firstInstalment paid) out of,t~~ a~?'resaid:~.a·~~#~~~~:fY)W::~f,}{s;.;.",~.: ...~(insertAull~amount sanction-"eo)- to' -enable the 'Borrower to purchase the. above .land, .and on the termsand' !cdnaitiohssef'~ut" inth~ ~ald Agteement. .'
AND WHEREAS the Borrower has paid the purchase price of thesi:d4~land. t<;>I..'7' . ," '" •• r{~p'~eI:p,the name' of .the Vendor) from the aforesaid,;,ldyance-and. has.obtained possession .of ithe' said'Tarid.: J. j'. ,:"." . •
f.I'-:;~!. ',:. dh; Of :.;, ..:;;.(.: .:j~:. 'i~;';.ll :"'\~lF!-:,"" ':~:' . :_ '~~·.';~Ii .' ..-----"""
" l~o:rm,~n~rt~d vide- G,S.lR:!-10A3/ published in' 'the' 'Ga'ze"tte of India, Part n,..,Section"3,"Sub-sactlon (i) gated·.,~ .•17Ith,t-.Tuly;· J.9,7ki,)' :~:. I .", .r,;.:,- <'I-~'i! ~,_. ,_l-} j'!' ~";"}~.. ~I;., •..... ~ :.
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(I) In consideration of the sum of Rs '" (insert firstinstalment) already paid by the Employees' Provident Fund
Organisation and the balance of Rs (insert balancepayable) to be paid by .the Employees' Provident FundOrganisation to the Borrower as provided by the said' R'uJesthe Borrower, with intent to secure repayment of the saidsum of Rs. fuli amount of loan sanctioned (Rs. .: .. ~'.)hereby assigns to the Employees' Provident Fund Organi-sation by way of security, all his rights as Purchaser of thesaid land described in Schedule hereto, in respect of the saidland and as against the said __ __(insert name ofVendor).
160AND WHEREAS the Borrower has requested the Employees' Pro-
vident Fund Organisation to advance the balance of the aforesaid sanc-tioned amount. And whereas pursuant to an agreement between thesaid. ~.~..... ., a-nd the Borro~eT' the-cohveyance- cif the ~aid land will beexecuted in favour ofthe Borrower bythe said·· ; :-'.. (insert nameof the Vendor) only on the cdnstruCtio'n of the house ther~on.
NOW IT IS HERE BY AGREED BY AND between the parties here--to as follows:-
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(2) The Borrower hereby agrees with the Employees' ProvidentFund Organisation :
(a) to repay to the Employees' Provident Fund Organisationthe ·said amount of Rupees (insert :_fullamount of loan sanctioned) with interest calculated iin
accordance with the said Rules for the time being in forceby (number to be filled) monthly instal-merits of Rs. _._.. .: tram hi's pay commencing from
the month ,:. nineteen~undred and ~.. ' :. orfrom the month 'following the completion of the house,whichever is' earlier and ,th~.Borrower hereby authorisesthe Employees', Provident FufidOrganisation to make such
deductions fromdhis monthly pay and leave salary bills:'r:: !:; .. . .. . . . ~_'"
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(b) ..to completo construction oCthe· said house withlneigh~eenmonths of the ,clate of drawal tit the first -jnstcilmehti'dt-rictly in accordance with the approved plan and specifica-tions ion the ~a:is;:?f which "the amot,lnf ~f~dvan'~~_.h~sbeen computed 'and 'sanctioned or within such extended
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period as may be laid down by the Employees' Provi-dent Fund Organisation and to obtain the necessary con-veyance or assurance in his favour within a period of
three months of the date of completion of the house;
(c) if the actual amount paid for the construction of the houseis less than the amoun t received by -the Borrower torepay the difference to the Employees' Provident Fund
Organisation forthwith;
(d) to execute a document mortgaging the said land alongwith the house built there on to the Employees' ProvidentFu-nd Organisation as security for the total amount ad-
vanced to the Borrower as also for the interest payableon the said amount in the form provided by the said Rules,as soon as the house has been built and the necessaryconveyance or assurance has been executed in his fa-vour.
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161
(3) If the borrower fails to complete the construction of the saidhouse or' to obtain the necessary conveyance or assurancein his favour or to execute the necessary Mortgage deed ashereinbefore provided, or if the Borrower becomes insol-vent or quits t'he service of the Employees' Provident FundOrganisation or dies, the whole amount of the advance,together with the interestpccruing thereon shall imme-diately become due and payable to the Employees' Provi-dent Fund Organisation and the latter shall be entitledwithout prejudice to its other rights to proceed to realisethe security hereby granted.
(4) The Employees' Provident Fund Organisation shall be entitl-ed to recover the balance of the said advance with inte-rest remaining unpaid at the time of his .retirement or deathpreceding retirement from the whole or any specified partof the gratuity that may be sanctioned to him.
(5) Without prejudice to any other right of the Employees' Pro-vident Fund Organisation in that behalf, if any amount be-comes refundable or payable by the Borrower to the Em-ployees' Provident Fund Organisation, the latter will beentitled to recover the same as arrears of land revenue.
1(6) The stamp duty payable, On these presents shall be borne and -paid by the Employees' Provident Fund Organisation.
lStrike off clause (6) if the agreement is executed in States other thanAssam. Gujarat Madhya Pradesh, Maharashtra; Punjab, Rajasthan, Uttar Pradesh;West Bengal, and Bihar. (This clause shall be retained in respect of the agree-ment executed in the Union Territories).
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(Signature of the Borrower)
162SCHEDULE ABOVE REFERRED TO
(Set, out the description. of the land) .
IN WITNESS WHEREOF THE BORROWER has hereunto set hishand and the Central Board of Trustees, Employees' Provident' Fund hascaused ' :for and on its behalf to set his hand the date and year firstbefore written.
in the presence of. :
lst Witness:
Address:
Occupation
2nd ,V;itness
Address:
Occupation
Signed by Shri .
in the Office of
(For and' on behalf of theCentral Board of Trustees,
Employees' Provident Fund).
In ,the presence of:< • • •••• ~. • •
1st Witness:. } ,
Address:
Occupation:
2nd Witness:
Address:
Occupation:
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AN 'AGREEMENT MAJ))E THIS day ofone thousand nine hundred and between
, .; . . ; ~, . . : .': '(son of at present serving as (hereinafter called'the Borrower', which expression shall unless excluded by or repugnantto the subject" or context include his heirs, executors, administrators andlegal repteseItta'tives) of the one PART AND the' Central" Board of'I'rustees.vEmployees' Provident Fund, (hereinafter called the Employees'Providerrt Fund Organisation which' expressiorrshalluinless excluded byor repugnant 'to the subject or context include 'his 'successors in office andassignsrof 'the other part.
WHEREAS' 'the Borrower has agreed wRh.......... (insert nameof! the" 'Vendor) to purchase' from him the land at .described hi ~ . the Schedule hereto annexed' and has paidthe' price 'oat of hjs own funds and obtained possession 'of the said land,and 'Whereas the 'Borrower desires to construct a 'house on the said land.And Whereas pursuant' to an agreement 'between the said .and the Borrower the conveyance of the said land will be executed infavour 'of -the. Borrower by cthe--said (insertunams of theVendoreonly -on the' construction of the house theneon, And WHEREASTHEr;:BU>RRDWER·,has;·undell'the .provision of the-Rules framed by the-Centralr.Beardvof Trustees to regulate ,the, grant of advances to its em-pI0y:ees.1f(i)rlbuil~ing-of houses, (hereinafter refenred.docas the 'said Rules',which expression.shall whera+the context so admits.vincl uda any amend-ment rthereof-or-addition thereto for the 'time- being rirr.dorce) applied tothe .sarrctioriing; .authority for an advance .of Rupees and thelatter has sanctioned an advance of ' Rupees .: .. :............. (insert fullamount sanctioned) to the Borrower vide the Office letter No .-dated ': :a 'COpy of which 'isJannex-edf,t0_thesEipresents for thepurpose.aforesaidon ·the terms and conditions.set fnnth .therein.
163
; . 'I FORM :No. .9'
Special.ferm of Agreement to haexecuted ,by, an-employee before, " drawing, the first .instalrnent.of cadvancs.,:for building a
. .,.. house in-ea case, ,in 'Which',the land'<iskpur.chased by him;);;"twith:liis'own funds.but the title to th'(:(iand' will be passed',':' tohim:aftei the house is built. . '.' , ,
NOW IT IS HEREBY AGREEl).,B¥ ·ANRlbelJw.:e.en:the parties here-to as follows :-
(1) In consideration "of the sum of Rs. .. .... ,.~...:...... (insert first)'1 'instalment): :td b'e paid=by th-e .Employees' Provident Fund
Organisation 'after' the execution; of this -':'agreement andthe balance of Rs : to be paid 'by the Employees'
'\.
164Provident Fund 'Organisation to the Borrower as providedin the said rules, the Borrower with intent to secure repay-ment oftheisaid sum of Rs (insert' full amount-sanctioned) , (Rupees .. :~ , ) hereby asstgns to theEmployees' ProvidentFund Organisation by way of securityall his" rights as T'urchaser..of the said land describedin Schedule hereto, in respect, of the said land and asagainst the said ~ :.. (insert name of Vendor).
". ...
~.' " -
(2) "I'he Borrower hereby agrees with the Employees' ProvidentFund Organisation ':
(a) to.Yepay to the Employees' Provident Fund Organisationthe said amount of Rupees (insert full amountsanctioned) with .interest calculated .iri accordance withthe said rules for the .time being in force by ., ~, .(number to be filled) monthly instalments of Rupees ., ..... from his pay commencing from the month.: .nineteen hundred and or from the "month
, .following the completion of the house whichever is earlierand the Borrower hereby authorises the Employees' Pro-vident Fund Organisation to make such deduction from hismonthly. p~y and leave salary bills. '
(b) to complete construction of the said house within eighteen'! r months, of the data-of drawal of the first instalment· strict-
ly: in accordancj, with the approved plan and specificationsoil the basis of which the amount of advance has beencomputed and sanctioned or within such extended periodas may be laid down 'by:the competent authority and toobtain the necessary conveyance or assurancs in his favourwithin la period of three months from the date of com-
" pletion of the house.,. .'! ,I .;
(c) if the actual' amount paid for the construction of. the houseis less-than theiamount rreceived by the Borrower to re-pay the difference to the Employees' Provident Fund
, Organisatidri wrthwith.;·' .. i >'i ';
(d) to execute a document mortgaging the said land alongwiththe house ?;l}ilt, thereon ~tothe;~mpl9Ye~~;P~?vi~ent Fund
'; ,.~" Organ~sa,tlo.nC;l.S security for the, amount advanced to the.borrower as also for the interest payable on the said amountin the form provided by the said rules; as soon as the
.-- -.----'
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IN WITNESS WHEREAS THE BORROWER HAS hereunto, ,~~ Ns,hand and the Central Board of Trustees, Employees' Provident Fund hascaused for and on its behalf to set his hand the date and yearfirst before written. , , ; 'Y') i' _
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i65house has been built and the necessary conveyancaor assu-ranee has been executed in his favour.
.;)
(3) If the Borrower fails to complete the construction of the saidhouse or to obtain the necessary conveyance Or assurance inhis favour or to execute the necessary mortgage deed as-hereinbefore provided, or if the Borrower becomes insolventor quits' the service of the Employees' Provident Fund Orga-nisation On dies, the amount of the advance, together withthe interest accruing thereon shall immediately become dueand payable to the Employees' Provident Fund Organisa-tion and the latter shall be entitled without prejudice "to' 'itsother rights to proceed to realize the security hereby grant-ed. -- I '
(4) The Employees Provident Fund organisation shall beentitledto recover the balance of the said advance with i, irite~est, remaining unpaid at the time of his retirement or death pre-ceding retirement from the whole Or any specified 'part' ofthe gratuity -that may be sanctioned to him.
(5) Without prejudice to .any other right of the, Employees' Pro-dent Fund Organisation in that behalf if any amount' be-comes refundable or payable by the Borrower to the 'Emplo-yees' Provident Fund Organisation, the latter will be entitl-ed -to recover _the same, as arrears of land revenue.
. t) . I ( ~ J ' 1 :
'"(6) The stamp duty payable on these presents shall be borne andpaid 'by'theEhtploye'es' Provident Fund Organisation.
SCHEDUI:-E ABOVE REFERRED TO
(Set out the description of the land) ~ i ,~ • _ :
;::.;~.;bht~lStrike off this- clause if the agreement is executed in States other than
Assam, Gujarat, Madhya Pradesh, Maharashtra, Punjab, Rajasthan, Uttar Pradesh,weSt Bengal, and Bihar. (This clause shall be retained, in respect' ori~h,'e~f8gre~ment executed in the Union Territories). "
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> $igne€h;by thesaid-Borrowsr
in the presence of :
Address ",
Occupation
2ndWitrie:ss
Address; :
Occupation
(Signature of the Borrower)
Signed by Shri """"".".... in the office-ofin-zthe Ipresence: of~ .. ,:,
,,' .i ..
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1st Witness
,Address:
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'2nd Witness
Address:'~~1!r 'f~JdJrl ;·.r.df!~.·". n ;-.},ll' .. .;:{;:?9j·:'TCf 't"L~ii" ';':;.i!.i'·J~:f:?rOccapatit>ll:l: """,,',,[ ,~\
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.................................
. 0': .(For and on behalf of the Central
-..Board of 'I'rustees, i ,Employees'" ',Rn;lVident F1blnpJ.:
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Rules to regulate the grant of Advance to an~r~ployee for' thebuilding, etc. of houses.
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<.};< - KNOW ALL MEN BY TrlESE PR:ESENT~ tna..t;1..'~.; .. .' son ·of: ....a resident of in the. District'· ,'of" . 'at prs->ellt 'emplC,yeci ·as a ;-peHna~e!lf: .. : ..<>.:;:.:.:·;~.. .,...In the'.: ..... -,' (herea.fter called"'I'he Surefy"):. ain',held and, firmly:bound unto the Central Board of Tru:3tees,'::Eihi>}6~iee:sFProvidenrFund,
. '(hereinafter'caHed: ·'Employees Provident Fiutd·"Orgahis1Hion', which 'ex;"pression shalLunless excluded by or repugria~t"to.·thi{ subject Or 'contextinclude his successors in oiIice'and.assigns)"'iri the-sum of Rs.. .::.~ .
. (Rupees ..:.:.: :..: only) to be ·paidjq~:th~~:E!riployees; . P~oviden~ .Fund Organisation FOR WHICH F~.L\~YMENTytnje.we1rand fhllyimade' Ihereby bind myseIf, my lieirs, executors; a'dininist~gJors; '/and~.:reJ?:~e~~-lives firmly by these presents. As witness my; hand this:;;::~.·: !~':da ~. . red "d"4.)' 0,. one thousand nine hundre . an .. : ., ~; , .- '.' .
: , : :,','..•.. '-:;~:~-:: :::; ~VhF.nEAS ...•.......... : .. son . of ;i ,resid~nt ; of . ; .:-:; . s:> •. '
iIf· th~:pistrkt .of :..... at ipreseiit .~rI1pl9-y~d.;~.'_ate:rnporary l,p~r-,manent in the (hereinafter called "the- Borrower") }(butis due to retire on ) applied t;th~Employees' . Provident':...E'J.mdOrg~n.jsation_for an advance of Rs ~ :.:::.;;.;~, fQr the.purpose-. -'. -" - •...• -'. . • ~. :.. ." "..." ',- ~. -:-":':.~. "-". . -~ -'.~';_!t:: -'~~;...:tJ--!.~}.b~;~:'.;'.t'#!·i>!.•.~~.; '''':O,d-,.,.... s.of -purcnasing.land and/or constructing a·~ne}~.l:l2~;;e?i:e.rJ¥gmg:lln!1J~.acccn:l!ll_odation, in an. existing house 2purchasjng' a' ready' built house. .
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Al"ID WHEREAS the Employees' Proivdent,Furid O~ganiSaiiOiV~_c:::,tioned the'p~yir:ienf 'of .Rs.'·. ,c•••• n .• (Rupees .. ,' : ~only) under the Rules framed by the Central-Board of'TrUstee~,Jo .regu-late the grant of advances to its employees fot.btiilding,etc., of houses, ..,
(
AND WHEREAS the Borrower hai~iJndeita~~n··to repay; ~~';;..~{'<!::.'. amount in ;; ~ , : monthlv-Instalments. . AI\TpWHEREAS th~~o,r~;:'
rower has further undertaken" to Mortg;g~ thJ::hbuse built(pu~f~~~',<with the help Qf·the said 'amount arid ·to:~obs~rye:the ptbVisions~J Vi;'esaid Rules. AND WHEREAS in .. .
-e ' ~e,n!~FundOrgaiiisation having. 'agreed .:J. -~ . . ...- . -=·-.- ..~--,..~-~-....:.·--.,.,.·-.:...2.~..::::;~.c.;.;F'@~'.;;'(?~,~2':,f2j2-ii.;~~~~~.~i~fr~~'~~t"ir-;otre4ui~ed:'":~....;.. :,,~trl~e 'off ..•.•(hatever is net aPlpii(;a:l;lf~:~:J;:1;'j~~~~~~:
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the Borrower the Surety has agreed to execute the above bond with suchcondition as hereunder is written.
NOW THE CONDITION OF THE OBLIGATION is such that if thesaid Borrower shall while employed in the said or any other office .duly and regularly payor cause to be paid to the Employees' ProvidentFund Organisation the amount of the aforesaid advance owing to theEmployees' Provident Fund Organisation by instalments until the saidsum of Rs. .. (Rupees .. . . . . . . . . . . .. only) shall beduly paid or mortgage to We Employees' Provident Fund Organisationthe house built/purchased referred to above which ever event happenearlier, then this bond shall be void otherwise the same shall be and thenremain in full force and virtue BUT SO NEVERTHELESS that if theBorrower shall die or become insolvent or at any time cease to be .in theservice of the Employees' Provident Fund Organisation.. the whole or sOmuch of the said principle sum of Rs. (Rupees .only) together with the interest as shall remain unpaid shall immedia-tely become due and payable to the Employees' Provident Fund Organi-sation and recoverable from the Surety in one instalment by virtue ofthis bond. .
The obligation undertaken by the Surety shall not be discharged orin any way affected by an extension of time or any. other indulgencegranted by the Employees' Provident FUJi.dOrganisation to the ~i(rl3h't~rower .
., "'The stamp duty paya:ble in respect of these presents s4aJJ l),e ~('tieand paid by the Employees' Provident Fund Organisation. : .,
In Witness whereof the Surety has hereunto.set his.hNld' ~t .d,ay Qf ........•.••.... .. ~9 ' .' ,
(Signature of Surety)
Designation ., " ' ~.,,JI,ij
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•Office·to·which attached
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.Strike off this clause if the agreement is 'executed jnStates ottier·,.th~. Assam, Gujarat, Madhya ptadesh, Maharashtra, .Punjab, l'tajasthan; Uttar Prad€!~; c·."West Bengal, and Bihar. (ThiB c.1aus~shall be 'retained,:in:~eCt:ot'111~s..:~~~·<,ment executed-In the Uni9D Tel'nt«?rie~) '.. .., "; '. . .. .,}' ..,.. , ..
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.169Signature, ad4re~and' occupation of the witness,in the·presence of
Signed bJ.!Slui .
In the presenCe 01-
1st Witness
.Address
.Occupation
2nd Witness
Address
II!'~
Occupation
1. .
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(for and on behalf of the CentralBoard of Trustees, Employees'Provident Fund).
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(Form of Recon.veymlC(' fo,- Hou-se BuUding Advances)
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THIS DEED OR RECON'VI<.."YANCE-IS MADE THE daysOF 19 BETVv'EEN THE Central Board of Trustees, Employees'Provident Fund (hereinafter called the Mortgagee which expression shallunless excluded by or repugnant to the subject or context include his suc-cessors in office and assigns) of the one PART AND - - of(hereinafter caned the Mortgagor which expression shall unless .exclud-ed by or repugnant to the subject or context include his/her heirs, ex~-cutors, administrators and assigns) of the OTHER P~I\RT;-:-' >,"-
• - 0°' :".~.-.-."" '.:..
WHEREAS by Indenture of Mortgage, dated the day .of . __.... __. 19 . and made BETWEEN the Morgagor of theone part and the Mortgagee of the other part and registered .in book :..... volume -. page to .. asNo 'for '-:'" .. " .. (hereinafter called the PRIN-CIPAL'INDENTURE):. The Mortgagor by the said Principal Identuremortgaged the property at . . . . . . . .. and more particularly describ-ed in the Schedule hereunder written to the Morgagee to secure an ad-vance of R.s_ made by the Mortgagee to the Mortgagor.
AND WH,EREASALL MONEY due and owing on the security of thePRINCIPAL INDENTURE have been fully paid and satisfied and theMortgagee has accordingly at the request of the Mortgagor- ',agreed -.,toexecute reconveyance of the Mortgaged premises as is hereinafter con-. tained. NOW THIS INDENTURE. WoITNESSETH that in pursuance ofthe said agreement and in consideration of the premises the Mortgageedoth hereby grant assign and reconvey unto the Mortgagor, ALL THATTHE PIECE OF land situated at and comprised in the saidPrincipal Identure and more particularly described in the _._~Schedulehereunder written with their rights, casements and appurtenances as inthe PRINCIPAL- INDENTURE expressed and a11 the estates, right, t.itle,interest, property claim and demand whatsoever of the Mortgagee .intoout of or upon the said premises by virtue of the PRINC,!pAr.; INDEN-TURE to have and to hold the premises hereinbefore expressed to _ behereby granted, assigned and reconveyed unto and to the use of the .Mort.-gager, for ever freed and discharged from all moneys Intendedto Bel 'se-cured by the said PRINCJP AL INDENTURE arid from all actions, suits,accounts, claims .and demands for, or hi respect of, the' said moneys orany part thereof, or for or in respect of the PRINCIPAL ·INDE~E
- OR of anythina relating to the premises ANt> Tf!E MQR,TGAG~ hereby, .. ... - .
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covenants with the Mortgagor that the"Mortgagee has not done or know-ingly suffered or been partly or privy to anything whereby the said pre-nUses'or "any part" thereof; 'are in or carrbeImpeached, encumbered oraffected" ill title, estate or otherwise.vhowsoever .. \ .;
SCHEDULE ABOVE REFERRED TO
IN WITNESS whereof the' Mortgagee has caused .for and on its behalf to set his hand the day and year first above writ-ten.
Signed by.... . . . . . . . . . . . . . .. for and. on behalf of the Mortgagee inthe presence of .
'; r : '11( .I . ,-.. ·,0· 0·7·'" o~ 0.0.,_,0::, __._
_. __ _or_. '- • ..,.: •.••
. '
Note.-Before paying stamp duty on this document, the applicants .are-ad-vised to contact the respective State Governments/Administrations for ascertain-ing whether exemption from payment of stamp duty is available.
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FORM No. 12,
Form of letter for intimating to the Insurance Company, interestof the Chairman, Central Board of Trustees, Employees' P~vident Fund,in insurance policies of houses eonstructed/purchased with house 'build-ing advance admissible under the rules.
From
To
Dear Sir,
I am to inform you that the Central Board of Trustees, Employees'Provident Fund is interested in House Insurance Policy No .secured in your Company and to request that you will kindly insert aclause to the following effect in- the Policy :-
Form of clauses to be inserted in the Insurance Policy.
1. It is hereby declared and agreed that Shri _. . . . .. (theowner of Building bearing _ Municipal No :),(hereinafter referred to as the Insured in the Schedule to this Policy)has mortgaged the house to the Central Board of Trustees, Employees'Provident Fund (hereinafter called the Central Board) as security foran advance for the construction of the house and it is further declaredand agreed that the Central Board is interested in any moneys which butfor this endorsement be payable to the said Shri (the Insuredunder this policy) in respect of loss or damage to the said house (which
_.loss or damage is not made good by repair, reinstatement or replace-ment) and such moneys shall be paid to the Central Board as long as itis the mortgagee of the house and its receipt shall be full and final dis-~harge to the Companies in respect of such loss of damage.
2. Save as by this endorsement expressly agreed, nothing hereinshall modify or affect the rights or liabilities of the Insured or the Co~-panies respectively, under or in connection With this policy or any term,provision or condition thereof. "
Yours faithfully,Place
'Dat~
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F'orwarded_ 'I'he receipt of the letter may kindly be acknowledg-ed, It is also requested that the undersigned may kindly be informedwhenever any claim is paid under the policy and also if the premium jjsriot 'paid periodically for renewal
Place'
Date
Designation of the Officer,
;
"
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OFFICEOF n~E--.. _.--.- '.'--'..---.-----------.---.----.-
l·'ORM No. 13
Statement showing the particulars of th! applicatio ns sanctioned ani amounts disbursed under the Hous,' Building
Advances Rules for the q.rvrter ending
~, ..••~ •••..•~..JI_-~~_.:'l..\X~ .• ~.·~ •.•"".,ft,::<\.CV'_"~~flIr.H..(It~.:Ir.t:._!o~._!¥Ioo,·.t"' ••?:':=tOJLa;.~": ••.~ .•..•••.••••.:_:_Tl~~.-~~'C.'~>t~~ .•.u:·~:;:.s..\,.~w,_•••••~.·t.)o""'lf"'''·'''I:II._.•.•..cao:::.::=r:.l.~~CD'2!l1.::.'';O:u..·.oC.»''·._'r ••T.•··.v .•;·I'lt..wn~·: ••..••~;,.... ••,., ••_
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particulars c,r the applications sanc.ionco in :he .uartcr.
_, • __ ~ __ " .M •••• ._ ••~, •• __ ---'--·--·-" - -- _ ••- •• __ • __ ._-- ••••••••• -- •• '~- --"'--.'"
No, and date\of t he letterof ap provalissued bythe CentralOffice
No. anddate ofthe sanctiol1letter issuedby thesanctl oningauthority
p;ll"ticulal's of \h.! disbursements made in the quarter,
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No, and I(hte of I Amount State or dis-letter of I disbursed bursement (i.e, iapprnv vl whether first/issued by ! second/thlrd/ ,.the Central I I fOurth instal.Office men t""-,---..".~--..-.---.--I.- ..---,--~,-- -- -.-,.-._,,-_,-"-.-,.--
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Date ofdisburse.mentName of rhe
employeeAmount ofloan sanction-(:d.
.-_ .._~._....··_·1-----··-··· -".--- ..~-.-.-..-..--.-
Wheth(:r'hOllse is'unde' con-struction.or hasbeen :COm.plcted;. ,
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Emplbyees~' Provident; Fund, (Grant of Advances to Officers and Staffot-her' than, Commissioners: for" QJ1.ilding/puTchasing of houses) Rules,1965', "
. (Surety Bond)"[tR~f~rred' to' inRule8(E)· and- (E)" (3).];
.K~Ow"AEL MEN·'B¥'THESE=PRESEN3?S, that: I. ,spnof;)- ,;.... ' , a resident of . in the Districtof'.' ~ at present employed as a- permanent in. the
4U.! (hereinafter called "the Surety't).am held andfirmly, bound unto the Central Board-of-Trustees, Employees' Provident.v-Ft0p; (Hereinafter called' "the- Bbard~t.f'which- expression•..· shall- unl~SShexcluded by or repugnant- to the subject or- context-include, his successors,in office and assigns) in the sum of Rs. (Rllpees-------------only) to be paid to the Board. FOR WHICH PAY-MENT'" '}10., he· well: andi truly made" L hereby; bind) mYA~lfjmy, heirs,executers, administ-rators, andr represerrtatives- firmly. bythese.presents-Aswitness my' hand: this. day. of. .. Ons; thpusa,udt,:r:-inehundsad .and, .
----, son ofof ---------- in' the Distnict-of
WHEREAS ------ , a residentat
-.
present employed as a temporary /perrnanent .' _in the '(hereinafter called, "the Borrower") l-O:>utis due fa retire on ) applied to the foran advance of It's. for the purpose of 2purchasingland and/or constructing a new house or enlarging living accommodationin an existing house 2purchasing a ready.;built·houoo., ..:,;
.AND WHER'EA.'S the sanctionedr.thespayrnent of~ (&~~only) under the Employees' Provident Fund- (-G.r,ant-ef.Advances to OfficersandBtaff other than Commissioners for building/purchasing of houses)Rules, 1965 (hereinafter referred to as the "said-Rules"). .
-·:,,~·~N:I.kWHERJj;AS'the. Borrower; has- und~r::tak~n,to,r:.epa.ythe' saidamount in .. ~n.tbly; iP~t~.yPents:·1\Nj) WHEREASthe Borrower has further undertaken to mortgage' the house built / pur-chased with the help of the said amount and to observe the provisionsof the said Rules. AND WHEREAS in consideration of the r,,',having agreed to grant the aforesaid advance to the borrower' 'the Sii~tyhas agreed to execute the above bond with such condition-as' 'hereunderis written." '
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176NOW THE CONDITION OF THE OBLIGATION is such that if the
said Borrower shall while employed in the said or any other office--~----- duly and regularly payor cause to be paid to the Board theamount of aforesaid advance owing to the Board by instalments until thesaid sum of Rs. (Rupeesonly) shall be duly paid Or mortgage to the Board the house builtj'pur-chased referred to above whichever event happens earlier, than this bondshall be void, otherwise the same -shall be' and remain in full force andvirtue, BUT SO NEVERTHELESS that if the Borrower shall die' orbecome insolvent or at any time cease to be in the service of the Board,the whole or so much of the said principal sum of Rs. -------:-(Rupees ' ,.on1y~ together with the interest as shallthen remain unpaid shall immediately become due and payable to theBoard and recoverable from the Surety in one instalment by virtue of thisBond.
The obligation undertaken by the Surety shall not be dischargedorin any way affected by an extension of time or 'any other indulgencegranted by the to the said Borrower.
The stamp duty payable in respect of these presents shall be borneand paid, by the Board.
Signed and delivered by the said
day of 19 .
. , at - -.~... !: "
(Signature of Surety)Designation-------,.-
Office to which attached ..---:-.~-,------- < •
Signature, 'address and occupation of the witnesses in the presenceof-
(i) "'.
,(ii)~----c-------.
Signed by Shri ---,------for and on,' behalf' of tlib Central Board of Trustees, . Employees'
'"
Provident Fund inthe presence of-.... _. :-
1st Witne~s:"Address : ,', .Occupation .:.2nQ'Witne!'!sAddress:Occupation.
•Added Vide G.S.R. No. 150, dated- the 7th .ranuafY, 1972, publishe'd in theGazette of India-Part n, Section 3(i) , dated the 5th February, 1972:
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@THE EMPLOYEES' PROVIDENT FUND STAFF
BENEVOLENT FUND.
[As amended up to' 30th September, 1972]
1. There shallEmployees'Fund.
be established a Fund called theNameProvident Fund Staff Benevolent
2. The object of the Fund shall be to relieve finan- Ob' t. leecial distress among the employees of theEmployees' Provident Fund Organisation (here-inafter' referred to as 'members') in the follow-ing cases :-
. ,
(a) where a member dies while in service leavingthe dependants in indigent circumstances ;
(b) where a member is prematurely retired due tosickness;
(c) where a member is on prolonged sick leavewithout payor on reduced pay;
(d) where a member has other unforeseen mis-fortunes; and
(e) in such other cases as may be deemed fit and'deserving by the .Managing. Committee ofthe Fund.
3. (a) The main source of income shall be the f. ~m~ocompulsory contributions by the members at the the Fund.
following rates:-
MEMBERS DRAWING A BASIC PAY~UPTO- _i: Rs. 100 per month 20_DP..p.m. or. Rs. 2 p. a.
Rs. 101-200' p.m.: 30 DP. p. m. or Rs. 3 p. 3.
Rs.201-300 p.rn. 40np. p.m. or Rs. 4.50 oP. p.a.Rs. 351-500 p.m .. 6Qnp r p. m. or R~. 6'50 nP; p.a"
Above Rs 500 Re: I p.m. or Rs 10 p.a.
Provided that contributions from members may berealised on per annum basis for the convenienceof all concerned .. The,j:nitial contribution will
,'.
1
177
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Note-I.
Not~-2.
-Eligibilittr formembership
i~}f Beneficiaries~
::
t£ Application . for
membership
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be vecovered .from 'the spay and .allowancee forDecember, )11162 to 'be paid on the 1st January;1963 and thereafter on 1st April, every year.
(b) -ThecEmployees" [Provident Fund -.Organisationwill make, commencing from the year 1963-64amatching_grant to the Fund subject to a maxi-mum of.Re.i l p.ac.in respect of each contributingmember of the -Fund. The sanctioning and quan-tum of this matching grant will be further sub- •ject to such conditions as may 'be applicablefrom time to time, to similar funds in theCentral Government Offices.
~'c)In addittonrto : the -regular -contributions bymembers, the sources of the "Fund may also beaugmented by observing a Benevolent Fund Dayonce ia -yearror at 'reasonable intervals and'collecting 'donations -from 'the officers of theEmployees' Provident Fund .Organisation andTrustees of the Employees' Provident Fund.
(d) .If the employees join the Salary SavingsScheme 'through the Benevolent Fund, they donot have to pay any separate subscriptions fortheir membership' of the Fund. The commis-sion paid to the FunrlbytheLife Insuranca Cor-poration will be treated -as their subscriptions formembership- of the Fund.
Note-l. Contributions of the members will be collected bythe Treasurer 0: the Managing Committee for theFu·nd.
,;Nbte-2 .: 'Contributions', to' the 'Fund shall' .not be refunded inany case ..
4, The membership of the Fund shall be open to alltemporary 'and permanent employees of theHeadquarters.Dffice of the "Employees' .ProvidentFUlld Organisation.
I .
5. The benefit Of the Fund shall be limited to thosewho are members of' the Fund or their depen-
.--dants, viz.iwidows, sons, daughters vand depen-dent .parents. '
'-'6. ;'AllJen1ployees !(,)f·'-Hte, Erb:ploYE'!es'cProvidentFund 'lCPfianisath)n,j~haJr;partiCipate' in the Fund shall
I I
179
complete the application .from for membershipcontained -in the fAppenllix.
;7. Grants'under the "Fund, shall be given to a mem- Assistanceher or his dependants "for immediate - relief 'or memberslong term .relief or both at ,the discretion- of theManaging Committee subject to. availability of<funds.
to
"
\8. Immediate relief may be given to the dependants Payment for
on the death of a member .in order to cover the funeral expenses'funerailexpenses. "The .amount .shall in no caseexceed Rs. 200/-.
'9. Lung-term relief .shall be in . the' form of con- Long-term re-"tinuouar'elief to' the 'dependants of the members, lief'iviz;
(aj+Sons 'or daughters rtill ithey attain-majority, orare married 'or s errrployed, -whichever isearlier; lana
. ,'_l:
,(b) widow as long as she lives,provided there isno 'other source of income and she does. notremarry .
.!-lO./Fhe quantum-of :.relief in each Icase shall be Quantum of re-determined. by- the :Managing' ..Committee, but liefshall not exceed.Rs.vl Gy-vper.month ~r dependantand Rs, 40/- per month in all.
'11. Payment 'from the 'Fund shall be made only on.Paymenbsnbjectproduction Of proof of the .relationship of the t? pro?f <Y!:::riela-
. '. tionshipclaimants with the member, to the satisfaction ».of the Managing Committee.
J12. rFayment 'shillr be -restricted . or -stopped as the Duration of Pay-casa: mayibe,'at'the-uiscretion"of the Managing ments. .::COmmittee·'in\:ase<thel.:fatnilyis:,;·found to be in apOsltron to-support themselves. I"
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""}3:iIn,,,case:.:of t.permanent discllii1i~yr:of a imember Aid in' '~casedf-aid -:,shail be:~give..n·ifrom\)the':;F.uIi~",.:~ubject 'to peP!lanent dis-
. ,. . .. , . ...?' 'abilItyRule 10, takingl'int()(~oriSidellatio~ll other bene- "fits admissible to him under .the rules for the .ttine being in "force: .~. < /
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ISoAid in case ofprolonged ilness
Administrationto vest in Mana-ging Committee
. Constitution ofManaging Com-mittee
Power to eo-opt
Quorum\_.
Power to ':rameby-laws andrules
General Body
.Application forassistance
If.,~\
14. In a case of prolonged illness involving leavewithout pay, the grant shall not exceed theamount specified in Rule 10, so long as the mem-ber is on such leave.
15. The administration of the Fund will vest i~ aManaging Committee, which shall carry out theobject of the Fund and- generally exercise allpowers in furtherance thereof.
16. The Committee will consist of 7 members asmentioned below:-
(1) Chairman, (2) Vice-Chairman, (3) Secretary,(4) Treasurer: (5) Three members.
The Committee consisting of the aboveoffice-bearerswill be formed with the approval of the Chair-man of' the Central Board of Trustees, in the
. case of the Central Office and of the CentralProvident Fund Commissioner in the case of theFund for the staff of the Regional Offices.
17. The Managing Committee shall have the powerto eo-opt any member. from among the membersto fill any interim vacancy that may occur dueto death, retirement resignation or transfer.
18. Four members of the Managing Committee shallform a quorum at any of its meetings.
19. The Managing. Committee shall have power toframe by-laws and rules of procedure and con-duct of business.
20. The General Body meeting of the members shallbe called once a year immediately after the cleseof each financial year. This body shall havepowers to make amendments to these rules withthe approval of Chairman; Central Board of'Trustees. A statement of accounts for the yearended, duly audited, .shall be placed" before theGeneral' Body, who ishalb scrutinise and giveadvice whichever necessary.
,... "
21. Applications for. assistanco ishall be ': received bythe Secretary of thsFund and c9n~~deredby the
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181:Managing Committee as and when occasionarises.
22.' Th'e Chairman of the Committee shall have Assi5tanc~powers to sanction amounts to the extent and for ~~~~yofthe purpose mentioned in Rule 8, which shallbe ratified by the Managing Committee at itsnext meeting.
inemer-
23. The, Bankers of the Fund shall be the local Bankers.branch of the State Bank of India with whoman account shall be opened.
the Operation ofth Bank accounte of 'the Fund &
Vice-Chairman on a written authority by the maintenance ofCh . Th T h 1 b ibl accounts,'etc.airman. e reasurer sal, e responsi etoch~dit'allmoneys arid cheques received by himand-fer-disbursement of' moneys drawn-from theBank~nd' alscr fo; the ~aintenanc~ of ~ccounts.
24. The Bank account shall be operated byChairmari tof=ths-..F.urui or. in his absence by
25 A member shall- cease to be a' member of the Cesl3atron. 0:. . '. membership
Fund in the; event of ceasing to be an employee ..,- of the Employees' Provident Fund Organisation
due to' resignation '.or dismissal from service,
Note :-Membership' of .the Fund shall not .be effected H. a.memberyis .transferredr to another . office 'under the. Employees'Providen~.Fung..Organisation, ..; .
- "- - ,_.- ,),,' c '\
26. All members of the Managing' Committee are Indemnityabs~l.ve~ from.fl.~y liability in. respect of actions, ~r~~t. action,costs and all other claims made against them foranything do:,'e or <y1y,action taken by them or onbehalf of the Fund and in furtherance of theserules andfhaobject of the Fund.
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IB-2'!
LIST OF IMPORTANT CENTRAL GOVERNMENT RULES/REGULA-TIONS WHICH ARE APPLICABLE mutatis-mutandis TO THEEMPLOYEES OF THE EMPLOYEES' PROVIDENT FUND6RGANISA,~ION.Serial No.
.<
Particulars(i) Fundamental Rules, and, Supplementary Rules,
(2) General Financial Rules.(3) Central Government Compilation' of"'Treasury Rules EVolumes
I and- IT].(4) Civil Pensions, (Commutation) Rules.(5) Central Services (Medical Attendance) Rules;~_9,44;
Note I.-The facility of the Central Government- Health.-Seheme- has beenextended to the employees by mutual' arrangements. on paymentbasis .'by the. Organisation;
Note 2;-Certain· panel doctors' of Employees' Stqt~_ Insurance, Corporationhave been-. declared: aa- Authorised M~icaI: Attendants far certainspecified areas in Bombay. fok,'out-deer- tf.eatment· of! the- employeesresiding in: those areas in accordance with and on the scale laid-down in the Medical' Attendance- Rules, HY44.
(6) Leave. Travel Concession Rules.(7) Central Civil Services- (Medical. Examinatiorn; Rules, 1957.(8) Union Public S-ervice Commission (,Exemption from Consul-
tation) Regulations, 1.9.51L--(9) Delegation of Financial Powers Rules, 1958.. . ., ....(10) General- Provident RUnd.(~(mt-ral:Se-rvic~)·~~te~, 1960.(11) Children' Educational Allowance to Central Government
: Employees Rules:(12) Rules regarding Beservazionsur Servicesfor SCheduled Castes
. and- Scheduled. Tribes.(13),Cent:r;al Civil- Services (Conduct)' Rules, i~64,. (14) Reimbursement ofTuition fees. in- .nespeet of children of
.Cent~al Government employees.(15) Scheme for providing' relief to the families of non-gazetted. -, Government servants, 'who die while in service.' .
(16) Central Civil Services (Le:a~e) Rules, 1972 (Revised Leave- Rules modified), ," . -
(17) Central Civil Services (Pension). Rules, 1972 (incorporatingmodified Family" Pensi~'n_' Scheme, 1964 and Liberalised'pensiori-Rule;:"-'CiyilSer~ices Regulations modifiedj... .- '. •... " ~.. :~... .. . . - ." . -
, .
