THE GENERAL PROVIDENT FUND (ASSAM SERVICES) RULES, 1937

PREAMBLE

In exercise of the powers conferred by clause (b) of Section 241 of the Government of India Act, 1935, the Governor is pleased to make the following rules in supersession, subject to any express provisions contained in the rules made herewith, of the existing rules regulating the (Assam Services) General Provident Fund.

Rule - 1. Short title.

(a)      These rules may be called the General Provident Fund (Assam Services) Rules, 1937;

(b)      They shall come into force with effect from the 1st April, 1937 in these rules.

Rule - 2. Definitions.

(1)     (a) "Accounts Officer" means the Accountant General, Assam and Nagaland or such other officer as may be appointed in this behalf by him;

(b) Except where otherwise expressly provided "emoluments” means pay, leave salary or subsistence grant as defined in the Fundamental Rules, and includes sterling overseas pay converted at the official rate of exchange and any remuneration of the nature of pay received in respect, of foreign service;

(c) "Family" means-

(i)       in the case of a male subscriber, the wife or wives and children of a subscriber, and the widows, and children of a deceased son of the subscriber : Provided that if a subscriber proves that his wife has been judicially separated from him or has ceased under the customary law of the community to which she belongs, to be entitled to maintenance, she shall thenceforth to be no longer a member of the subscriber's family in matters to which these rules relate, unless the subscriber subsequently indicate by express notification m writing to the Account Officer that she shall continue to be regard;

(ii)      in the case of a female subscriber, the husband and children of a subscriber, and the widow or widows and children of deceased son of a subscriber :

Provided that if a subscriber by notification in writing to the Account Officer expresses her desire to exclude her husband from her family, the husband shall thenceforth be deemed to be no longer a member of the subscriber's family in matters to which these rules relate, unless the subscriber's subsequently cancells formally in writing her notification excluding him. (d) "Fund" means the (Assam Services) General Provident Fund;

(e) "Leave" means any variety of leave recognised by the Fundamental Rules or the Service Regulations, or the Assam Revised Leave Rules, 1934;

(f) "year" means a financial year.

(2)     Any other expression used in these Rules which is defined either in the Provident Funds (XIX of 1925) or in the Fundamental Rules is used in the sense therein defined.

(3)     Nothing in these rules shall be deemed to have the effect of terminating the existence of the General Provident Fund or the (Assam Services) General Provident Fund as heretofore existing or of constituting any new Fund.

Rule - 3. Constitution of the Fund.

The Fund shall be maintained in India in rupees.

Rule - 4. Conditions of Eligibility.

(1)     All temporary State Government employees on joining first appointment under the Government of Assam in any regular establishment, all willing re-employed pensioners (other than those eligible for- admission to the Contributory Provident Fund) and all permanent Government servants shall subscribe to the General Provident Fund :

Provided that no such Government servant as has been required or permitted to subscribe to a Contributory Provident Fund shall be eligible to join or continue as a subscriber to the Fund, while he retains his right to subscribe to such a Fund :

Provided further that a temporary Government Servants, who is borne on an establishment or factory to which the provisions of Employee's Provident Fund Scheme, 1952, framed under the Employee's Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) would apply or would have applied but for the exemption granted under Section 17 of the said Act, shall subscribe to the General Provident Fund, if he has completed six month's continuous service or has actually worked for not less than 120 days during a period of six months or less in such establishment or factory or in any other establishment or factory to which the said Act applies, under the same employer or partly in one and partly in the other.

Explanation- For the purposes of this rule "Continuous Service" shall have the same meaning as has been assigned to it in the [Employee's Provident Fund Scheme, 1952] and the period of work for 120 days shall be computed in the manner specified in the said scheme and shall be certified by the employer.

(2)     (a) In the case of persons, transferred to temporary posts under Government from service under a Corporate Body, owned on controlled by the Government, the service under the Corporate Body shall be treated as service under the Government for the purpose of these rules and the persons concorned shall be permitted to subscribe to the Fund immediately on his joining the Government service.

(b) The service under the State Government or in the Central Government as the case may be, shall be treated as continuous service for eligibility to subscribe to the General Provident Fund in terms of this rule and the persons concerned shall be permitted to subscribe to the General Provident Fund immediately on his joining the new post, if the amount standing to his credit is transferred to the new posts".][1]

Rule - 4A. Dispensing with the submission of formal application for joining General Provident Fund.

(1)     Formal application for admission to the General Provident Fund by both Gazetted and Non-Gazetted Government Servants, who are required compulsorily to subscribe to the General Provident Fund is dispensed with. The Head of the office shall follow the following procedure in this regard.

 

(2)     Each Head of office shall send a statement (in duplicate) to the Accountant General, Assam, in the Form No. 3 once in every month, containing the relevant particulars of all Government servants, who have joined his office establishment in the preceding month and who are eligible to join the G.P. Fund under the State Government as per the provision of the Rule 4(1) of these rules but have not yet become subscribers to the G.P. Fund under the State Government. Within thirty days from the receipt of this communication, the Accountant General, Assam shall return one copy of the statement to the Head of offices, indicating the G.P. Fund Account numbers, allotted by him to each such Government servant, named in the Statement. The Head of the Office, then, shall take action for the subscription by the concerned Government servant to the G.P. Fund against his G.P. Fund Account Number and his arrear subscription amount shall be made in one instalment or more, each monthly instalment not exceeding Rs. 50/- (Rupees fifty) only per instalment.

 

(3)     If, in any month there are no particulars to be intimated to the Accountant General, the statement need not be sent to the Accountant General in that month.

 

(4)     The Head of Office, while forwarding the statement to the Accountant General concerned shall give the following statement in the place above the signature of the Head of Office-

"Certified that all the employees, whose names are shown above are eligible to subscribe to the General Provident Fund in accordance with the relevant Rules."

Rule - 4B. Subscription to be compulsorily Discontinued during the last 3 months of service preceding superannuation.

A Government Servant due to retire on superannuation shall be compulsorily exempted from making any subscription to General Provident Fund during the last three months of his service."][2]

Rule - 5.

[Deleted][3]

Rule - 6.

[Deleted][4]

Rule - 7. Nomination.

(1)     (a) For Non-gazetted officials and Gazetted officials, Whose pay and allowances are drawn in office establishment pay bills-

(i)       Non-Gazetted Government Servants shall, as soon as may be, after joining the fund, send their nominations to the Provident Fund to the Head of Office, in which they are working. Gazetted Government Servants, whose pay and allowances are drawn by the Head of Office on establishment pay bills and disbursed by them shall also send their nominations to the Provident Fund to the Head of Office;

 

(ii)      The Head of Office or any Subordinate Gazetted Officer/ who has been authorised by the Head of Office in this behalf shall scrutinise the nomination and accept it, if it is found to be in order in accordance with the rules of the Provident Fund. In case any defect is noticed in the nominations, he shall return the nomination to the subscriber for rectification and return;

 

(iii)     On regular promotions (viz. a promotion, which is not adhoc) of non-gazetted Government Servant to a Gazetted post, the Head of office shall send his nomination to the Provident Fund to the Accounts Officer, concerned;

 

(iv)    As soon as a nomination as accepted, suitable entry (without the details of the nomination) regarding receipt and acceptance of the nomination (without details of nomination) shall be made in the service book of the official under the date and signature of the Head of office;

 

(v)      Nominations shall be kept in the safe custody of the Head of office along with the nominations for death-cum-retirement gratuity;

 

(vi)    In the event of transfer of the Government Servant to another office, his nomination shall also be transmitted along with the Service Book and death-cum-retirement gratuity nomination to the Head of Office to which he is transferred and an entry to that effect shall be made in the Service Book. Acknowledgements for receipt of the nominations from the latter office shall be filed and kept in the custody of the Head of office from where he is transferred;

 

(vii)   Accepted nominations in the custody of the Head of Office shall be made available for scruitiny during audit by the inspection party of the Accountant General.

 

(viii)  When the balance at the credit of the subscriber becomes payable to his nominee under the rules of the Fund, the nomination kept by the Head of Office shall be sent in original to the Accounts Officer along with the application for final withdrawal after retaining an attested copy for future reference.

(b) For self drawingGazettedofficials-Gazetted Government Servants other than those, whose pay is drawn in establishment pay bills, shall, as soon as may be after joining the Fund, send his nomination to the Accounts Officer.

(2)     (a) If at the time of making the nomination, the subscriber has a family, the nomination shall not be in favour of any person other than the member(s) of his family. Till any such nomination is made, the nomination shall be deemed to have been made in favour of his/her spouse and in the event of the spouse predeceasing the subscriber or being legally separated, the nomination shall be deemed to have been made in favour of the other surviving members of the family of the subscriber in equal proportion.

(b) If at the time of making the nomination, the subscriber does not have a family, the nomination may be in favour of a person/persons, as desired by the subscriber :

Provided that, if at, the time of making the nomination, the subscriber has no family, such nomination shall become automatically invalid as soon as the subscriber acquires a family and the subscriber, shall, at the earliest, make nomination in favour of a member or members of his family :

Provided further, that for default on the part of a subscriber, on acquiring his family, to make such nomination in favour of a member or members of his family, his nomination shall be deemed to have been made in favour of his/her spouse and in the event of the spouse, pre-deceasing the subscriber or being legally separated during the period of such default, the nomination shall be deemed to have been made in favour of other living members of the family of the subscriber in equal proportion.

(c) If a subscriber nominates more than one person, he shall specify in the nomination the proportion of share, payable to each of the nominees in a manner as to cover the whole of the amount that may stand to his credit in the Fund at any time.

(3)     (a) Every nomination shall be in such one of the Forms set forth in the First Schedule as is appropriate in the circumstances;

(b) A subscriber may, at any time, cancel a nomination by sending a notice in writing to the Accounts Officer or the Head of Office, as the case may be :

Provided that the subscriber shall, along with such notice, send a fresh nomination made in accordance with the provisions of this rule;

(c) A subscriber may provide in a nomination-

(i)       in respect of any specified nominee, that in the event of his predeceasing the subscriber, the right conferred upon such nominee shall pass to such other person as may be specified in the nomination;

(ii)      that the nomination shall become invalid in the event of the happening of a contingency, specified in the nomination;

(d) Immediately on the death of a nominee, in respect of whom no special provision has been made in the nomination under clause (i) of sub-rule;

(c) Or on the occurrence of any event by reason of which the nomination becomes invalid in pursuance of clause (ii) of sub-rule (c), the subscriber shall send to the Accounts Officer or the Head of Office, as the case may be, a notice in writing, cancelling the nomination, together with fresh nomination, made in accordance with the provision of this rule;

(e) Every nomination made and every notice of cancellation given by a subscriber shall, to the extent that it is valid, take effect on the date on which it is received by the Accounts Officer or the Head of Office, as the case may be;

(f) If there is no nominee/deemed nominee, the payment of the G.P. Fund balance of a deceased subscriber may be allowed in favour of claimant(s) on the basis of the succession certificate, granted by the competent Civil Court."][5]

Rule - 8. Subscriber's account.

An account shall be prepared in the name of each subscriber and shall show the amount of his subscriptions with interest thereon calculated as prescribed in sub-rule (2) of Rule 13.

Rule - 9. Conditions of subscription.

(1)     A Subscriber shall subscribe monthly to the Fund, except during the period when he is under suspension :

Provided that a subscriber may at his options not subscribe during the leave which either does not carry any leave salary or carries leave salary equal to or less than half pay or half average pay:

Provided further that a subscriber on reinstatement after a period passed under suspension shall have the option of paying in one lump sum, or in instalments any sum not exceeding the maximum amount of arrear subscriptions payable for that period.

(2)     The subscriber shall intimate his election not to subscribe during the leave referred to in the first proviso to sub-rule (1) in the following manner-

(a)      if he is an Officer, who draws his own bills, by making no deduction on account of subscription in his first pay bill, drawn after proceeding on leave;

(b)      if he is not an Official who draws his own pay bills, by written communication to the Head of his Office before he proceeds on leave :

Provided that failure to make due and timely intimation shall be deemed to constitute an election itosubscribe :

Provided further that the option of a subscriber intimated under this sub-rule shall be final.

(3)     A subscriber who has, under Rule 29, withdrawn the amount standing to his credit in the Fund shall not subscribe to the Fund after such withdrawal unless he returns to duty.

(4)     Notwithstanding anything contained in sub-rule (1), a subscriber shall not subscribe to the Fund for the month in which he quits service unless, before the commencement of the said month, he communicates to the Head of Office in writing his option to subscribe for the said month."][6]

Rule - 10.

(1)     The amount of subscription shall be fixed by the subscriber himself, subject to the following conditions.

(a)      It shall be expressed in whole rupees; 

(b)      It may be any sum so expressed, not less than 6% per cent of his emoluments (i.e., one anna in the rupee) and not more than 15 5/8 per cent (i.e..) 2½ annas in the rupee).

(2)     For the purposes of sub-rule (1) the emoluments of a subscriber shall be-

(a)      in the case of a subscriber who was in Government service on the 31st March of the preceding year, the emoluments to which he was entitled on that date; provided as follows-

(i)       if the subscriber was on the said date and elected not to subscribe during such leave or was under suspension on the said date, his emoluments shall be the emoluments to which he was entitled on the first day after his return to duty;

(ii)      if the subscriber was on deputation out of India on said date or was on leave on the said date and continues to be on leave and has elected to subscribe such leave his emoluments shall be the emoluments to which he would have been entitled had he been on duty in India;

(iii)     if the subscriber joined the Fund for the first time under the operation of Rule 5 on a day subsequent to the said date his emoluments shall be the emoluments to which he was entitled on such subsequent date;

(b)      In the case of a subscriber who was not in Government service on the 31st March of the preceding year, the emoluments to which he was entitled on the first day of his service or, if he joined the Fund for the first time under the operation of Rule 5 on a date subsequent to the first day of his service, the emoluments to which he was entitled on such subsequent date.

(3)     The subscriber shall intimate the fixation of the amount of his monthly subscription in each year in the following manner-

["(a) The subscriber may fix the rate of subscription on or before 31st March of the preceding year either through a written request to the Drawing and Disbursing Officer or by indicating the rate or subscription through the salary bills for the month of March of that year payable on 1st April or thereafter. The rate of subscription thus fixed shall not be altered during the year";][7]

(b) if he was on leave on the 31st March of the preceding year and elected not to subscribe during such leave, or was under suspension on the date, by the deduction which he makes in this behalf from his first pay bill after his return to duty;

(c) if he has entered Government service for the first time during the year, or if he is compulsory required to join the Fund from a particular date under Rule 5 or joins the Fund for the first time, by the deduction which he makes in this behalf, from his pay bill for the month during which he joins the Fund;

(d) if he was on leave on the 31st March of the preceding year, and continues to be on leave and has elected to subscribe during such leave, by the deduction which he causes to be made in this behalf from his pay bill for that month;

(e) if he was on foreign service on the preceding year, by the amount credited by him into the treasury on account of subscription for the month of April in the current year.

(4)     The amount of subscription so fixed shall remain unchanged throughout the year :

Provided that if a subscriber is on duty for a part of a month and on a leave for the remainder of that month and if he has elected not to subscribe during leave, the amount of the subscription payable shall be proportionate to the number of days spent on duty in the month.

Rule - 11.

When a subscriber is transferred to foreign service or sent on deputation out of India, he shall remain subject to the rules of the Fund in the same manner as if he were not so transferred or sent on deputation.

Rule - 12. Realisation of subscription.

(1)     When emoluments are drawn from a Government treasury in India or from the Home or a Colonial treasury, recovery of subscriptions on account of these emoluments and of the principal and interest of advances shall be made from the emoluments themselves; except that when emoluments, other than sterling overseas pay are so drawn in India, deductions in respect of sterling overseas, pay, when admissible, shall be made in India.

 

(2)     When emoluments are drawn from any other source the subscriber shall forward his dues monthly to the Account Officer.

 

(3)     If a Government servant fails to subscribe with effect from the date on which he required to join the Fund under Rule 5, the total amount due to the Fund on account of arrears of subscription shall, with interest thereon at the rate provided in Rule 13, forthwith be paid by the subscriber to the Fund, or in default be ordered by the Account Officer to be recovered by deduction from the emoluments of the subscriber by instalments or otherwise, as may be directed by the authority competent to sanction an advance for the grant of which special reasons are required under clause (c) of sub-rule (1) of Rule 14.

Rule - 13. Interest-

(1)     Subject to the provisions of sub-rule (5) below, Government shall pay to the credit of the account of a subscriber interest at such rate as may be determined for each year by the State Government :

Provided that, if the rate of interest determined for a year is less than 4 per cent, all existing subscriber to the Fund in the year preceding that for which the rate has for the first time been fixed at less than 4 per cent, shall be allowed interest at 4 per cent; if they were in service on the 31st March, 1937 and either-

(a)      were eligible on the 31st March 1937, to join the Fund; or

(b)      would have been so eligible on the 31st March, 1937 had not they been required to subscribe to a Contributory Provident Fund.

(2)     Interest shall be credited with effect from the last day in each year in the following manner-

(i)       on the amount at the credit of a subscriber on the last day of the preceding year, less any sums withdrawn during the current year- interest for twelve months;

 

(ii)      on sums withdrawn during the current year- interest from the beginning of the current year up to the last day of the month preceding the month of withdrawal;

 

(iii)     on all sums credited to the subscriber's account after the last day of the preceding year- interest from the date of deposit up to the end of the current year;

 

(iv)    the total amount of interest shall be rounded to the nearest whole rupee (eight annas as the next higher rupee) :

Provided that when the amount standing at the credit of a subscriber has become payable, interest shall thereupon be credited under this sub-rule in respect only of the period from the beginning of the current year or from the date of deposit, as the case may be, up to the date on which the amount standing at the credit of the subscriber became payable.

(3)     In this rule, the date of deposit shall, in the case of a recovery from emoluments be deemed to be the first day of the month in which it is recovered; and in the case of an amount forwarded by the subscriber, shall be deemed to be the first day of the month of receipt; if it is received by the Account Officer before the fifth day of that month, but if it is received on or after the fifth day of that month, the first day of the next succeeding month.

(4)     In addition to any amount to be paid under Rule 28, 29 or 30 interest thereon up to the end of the month preceding that in which the payment is made, or up to the end of the sixth month after the month in which such amount became payable, whichever of these periods be less, shall be payable to the person to whom such amount is to be paid :

Provided that where the Account Officer has intimated to that person (or his agent) a date on which he is prepared to make payable in cash, or has posted a cheque in payment to that person, interest shall be payable only upto the end of the month preceding the date so intimated, or the date of posting the cheque, as the case may be.

(5)     Interest shall not be credited to the account of a Muhammedan subscriber if he informs the Account Officer that he does not wish to receieve it, but if he subsequently asks for interest, it shall be credited with effect from the first day of the year in which he asks for it.

(6)     The interest on amounts which under sub-rule (3) of Rule 12, sub-rule (5) of Rule 15, sub-rule (3) of Rule 18, sub-rule (4) of Rule 20, sub-rule (1) of Rule 22, sub-rule (1) or (2) of Rule 23, Rule 28 or Rule 29 are replaced at the credit of the subscriber in the Fund, shall be calculated at such rates as may be successively prescribed under sub-rule (1) of this rule and so far as may be in the manner described in this rule.

Rule - 14. Advances from the Fund.

(1)     Temporary advance may be granted to a subscriber from the amount standing to his credit in the Fund at the discretion of the appropriate authority specified in the Fifth Schedule, subject to the following conditions-

(a)      No advance shall be granted unless the sanctioning authority is satisfied that the applicant's pecuniary circumstances justify it, and that it will be expended on the following object or objects and not otherwise-

(i)       to pay expenses incurred in connection with the prolonged illness of the applicant or any person actually dependent on him;

 

(ii)      to pay for the overseas passage for reasons of health or reduction of the applicant or any person actually dependent on him;

 

(iii)     to pay obligatory expenses on a scale appropriate to the applicant's status which by customary usage the applicant has to incur in connection with marriages, funerals or other ceremonies of persons actually dependent on him;

 

(iv)    to pay expenses for giving special education such as engineering, medical, etc.; whether in India or elsewhere to any of the sons/daughter of the subscriber.

Provided that-

(i)       the educational expenses are beyond the ordinary means of the subscriber; and

(ii)      the sons/daughter in question is of exceptional merit and education proposed is most likely to improve materially his/her earning capacity.

(b)      The sanctioning authority shall record in writing its reason for granting the advance, and shall see that in no case advance is allowed where the deduction from the pay of the subscribers in respect of all recoveries (such as recoveries on account of house building advance, P.L.G. premium, house rent, bicycle advance, Income-tax etc. taken together) exceeds half of the subscriber's basic pay:

Provided that when in a particular case, Government are convinced about emergent nature of the demand, the above condition of all deductions taken together not exceed half the basic pay may be relaxed by them incidentally deserving cases only.

This condition will also be applicable in cases of advances to be granted under special reasons under clause (e) below by the special sanctioning authorities as indicated in Fifth Schedule.

(c)      An advance shall not except for special reasons-

 

(i)       exceed three month's pay or half the amount at the credit of the subscriber in the Fund, whichever is less, or

 

(ii)      unless the amount already advanced does not exceed two-thirds of the amount admissible under sub-rule (c)(i), be granted until at least twelve months after the final repayment of all previous advances together with interest thereon :

Provided that if the reason is of a confidential nature it may be communicated to the Accounts Officer personally and/or confidentially.

(2)     In fixing the amount of an advance, the sanctioning authority shall pay due regard to the amount at the credit of the subscriber in the Fund.

Rule - 15.

(1)     An advance shall be recovered from the subscriber in such number of equal monthly instalments as the sanctioning authority may direct; but such number shall not be less than twelve unless the subscriber so elects, or in any case more than twenty-four. A subscriber may, at his option, repay more than one instalment in a month. Each instalment shall be a number of whole rupees, the amount of the advance being raised or reduced, if necessary, to admit of the fixation of such instalments.

 

(2)     Recovery shall be made in the manner prescribed in Rule 12 for the realisation of the subscriptions, and shall commence on the first occasion after the advance is made on which the subscriber draws pay, or remuneration on foreign service for a full month. Recovery shall not be made, except with the subscriber's consent, while he is on leave or in receipt of subsistence grant and may be postponed on the subscriber's written request by the sanctioning authority during the recovery of an advance of pay granted to the subscriber which either does not cover any leave salary or carries leave salary equal to or less than half pay or half average pay.

 

(3)     If more than one advance has been made to a subscriber each advance shall be treated separately for the purposes of recovery.

 

(4)     (a) After the principal of the advance has been full repaid, interest shall be paid thereon at the rate of one-fifth per cent, of the principal for each month or broken portion of a month during the period between the drawal and complete repayment of the principal:

Provided that Muhammedan subscribers where deposits in the Fund carry no interest shall not be required to pay into the Fund any additional instalments on account of interest on advances granted to them from the Fund.

(b) Interest shall ordinarily be recovered in one instalment in the month after complete repayment of the principal; but if the period referred to in clause (a) exceeds twenty months, interest may, if the subscriber so desires, be recovered in two equal monthly instalments. The method of recovery shall be that prescribed in sub-rule (2). Payments shall be rounded to the nearest rupee in the manner prescribed in clause (if) of sub-rule (2) of Rule 13.

(5)     If an advance has been granted to a subscriber and drawn by him and the advance is subsequently disallowed before repayment is completed, the whole or balance of the amount withdrawn, shall, with interest at the rate provided in Rule 12, forthwith, be repaid by subscriber to the Fund, or in default, be ordered by the Account Officer to be recovered by deduction from the emoluments of the subscriber by instalments or otherwise, as may be directed by the authority competent to sanction an advance for the grant of which, special reasons are required under clause (c) of sub-rule (1) of Rule 14 :

Provided that Muhammadan subscribers, whose deposits in the Fund carry no interest shall not be required to pay any interest.

(6)     Recoveries made under this rule shall be credited as they are made to the subscriber's account in the Fund.

(7)     [(i) Every Drawing and Disbursing Officer shall submit an 'Yearly Statement within 30th June for the preceding financial year to the Accountant General regarding part Final withdrawals in accordance with the provisions of the Rule 31(4)(a), sanctioned and paid to both gazetted and non-gazetted subscribers in his establishment in the following proforma-

Even if there has been no case of part Final of withdrawals during a particular year, a 'NIL' statement is to be furnished by the Drawing and Disbursing Officer.

(ii) Every Drawing & Disbursing Officer shall keep note of all the part Final withdrawals by entry in red ink in the Service Books of the subscribers (both non-gazetted and non-self drawinggazetted officers) preferably on a separate page, so that, if need be, these entries could be referred to and accounts updated.][8]

Rule - 16. Payments towards insurance policies and family pension funds.

Subject to the conditions hereinafter contained in Rules 17 to 26-

(a)      (i) subscriptions to a family pension fund approved in this behalf by the Government; or

(ii) payments towards a policy of life insurance; may, at the option of a subscriber, be substituted in whole or in part for subscriptions due to the Fund;

(b)      the amounts of subscriptions with interest thereon standing to the credit of a subscriber in the Fund may be withdrawn to meet-

 

(i)       a payment towards a policy of life insurance;

 

(ii)      the purchase of a single payment insurance policy;

 

(iii)     the payment of a single premium or subscriptions to a family pension fund approved in this behalf by Government :

Provided that no amount shall be withdrawn (1) before the details of the proposed policy have been submitted to the Accounts Officer and accepted by him as suitable, or (2) to meet any payment or purchase made or effected more than three months before the withdrawal; or (3) in excess of the amount required to meet a premium or subscription actually due for payment within three months of the date of withdrawal:

Provided further that payments towards an educational endowment policy may not be substituted for subscriptions to the Fund and that no amount may be withdrawn to meet any payment or purchase in respect of such a policy if that policy is due for payment in whole or in part before the subscriber's age of normal superannuation :

Provided further that amounts withdrawn shall be rounded to the nearest whole rupee :

Provided further withdrawals from the fund to meet the payment towards policy of the Life Insurance shall not be permitted more than once in a year in respect of a single policy.

Rule - 17.

(1)     If the total amount of any subscriptions or payments substituted under clause (a) of Rule 16 is less than the amount of the minimum subscription payable to the Fund under Rule 10(1), the difference shall be rounded to the nearest rupee in the manner provided in clause (iv) of sub-rule (2) of Rule 13 and paid by the subscriber as, a subscription to the Fund.

(2)     If the subscriber withdraws any amount standing to his credit in the Fund for any of the purposes specified in clause (b) or Rule 16, he shall, to his option under clause (a) of that rule, continue to pay to the Fund the subscription payable under Rule 10 :

Provided that no subscription shall be payable by a Government servant who in exercise of the option allowed by Rule 6(i) has ceased to subscribe to the Fund.

Rule - 18.

(1)     A subscriber who desires to substitute a subscription or payment under clause (a) of Rule 16, may reduce his subscription to the Fund accordingly :

Provided that the subscriber shall-

(a)      intimate to the Account Officer on his pay bill or by letter the fact of, and reason for, the reduction;

(b)      send to the Account Officer or in the case of a non-gazetted subscriber to the Disbursing Officer within such period as the Account Officer or Disbursing Officer may require, receipts or certified copies of receipts in order to satisfy the Account Officer or Disbursing Officer that the amount by which the subscription has been reduced was duly applied for the purposes specified in clause (a) of Rule 16.

(2)     A subscriber who desires to withdraw any amount under clause (b) of Rule 16 shall.

(a)      intimate the reason for the withdrawal to the Account Officer by letter;

 

(b)      make arrangements with the Account Officer for the withdrawal;

 

(c)      send to the Account Officer or in the case of a non-gazetted subscriber to the Disbursing Officer within such period as the Account Officer or Disbursing Officer may require, receipts or certified copies of receipts in order to satisfy the Account Officer or Disbursing Officer that the amount withdrawn was duly applied for the purposes specified in clause (b) of Rule 16.

(3)     The Account Officer shall order the recovery of any amount by which subscriptions have been reduced, or of any amount withdrawn, in respect of which he has not been satisfied in the manner required by clause (b) of sub-rule (1) and clause (c) of sub-rule (2), with interest thereon at the rate provided in Rule 13 from the emoluments of the subscriber and place it to the credit of the subscriber in the Fund.

Rule - 19.

(1)     Government shall not make any payments on behalf of subscribers to Insurance Companies nor take steps to keep a policy alive.

(2)     A policy to be acceptable under these rules shall be one effected by the subscriber himself on his own life, and shall (unless it is a policy effected by a male subscriber which is expressed on the face of it be for the benefit of his wife, or of his wife and children, or any of them) be such as may be legally assigned by the subscriber to the Governor of Assam.

Explanation 1-A policy on the join lives of the subscriber and the subscriber's wife or husband shall be deemed to be a policy on the life of the subscriber for the purpose of this sub-rule.

Explanation 2- A policy which has been assigned to the subscriber's wife shall not be accepted unless either the policy is first re-assigned to the subscriber or the subscriber and his wife both join in an appropriate assignment.

Explanation 3- The policy may not be effected for the benefit of any beneficiary other than the wife or husband of the subscriber or the wife or husband and children of the subscriber or any of them :

Provided that subscribers who took out policies under Note 1 of Rule 21(i) or under clause (b) or (c) of Rule 21-A of the Rules previously in force shall remain subject to the provisions of those rules in so far as policies so taken out are concerned.

Rule - 20.

(1)     The policy, within three months after the first witholding of a subscription or withdrawal from the Fund in respect of the policy or in the case of an insurance company whose headquarters are outside India, within such further period as the Account Officer, if he is satisfied by the production of the completion certificate (interim receipt), may fix, shall-

(a)      unless it is a policy effected by a male subscriber which is expressed on the face of it to be for the benefit of the wife of the subscriber, or of his wife and children, or of any of them, be assigned to the Governor of Assam, as security for the payment of any sum which may become payable to the Fund under Rule 25, and delivered to the Account Officer, the assignment being made by endorsement on the policy in Form (1) or Form (2) or Form (3) of the Forms in the Second Schedule according as the policy is on the life of the subscriber or on the joint lives of the subscriber and the subscriber's wife or husband or the policy had previously been assigned to the subscribers wife;

(b)      if it is a policy effected by a male subscriber which is expressed on the face of it to be for the benefit of the wife of the subscriber, or of his wife and children or any of them, be delivered to the Account Officer.

(2)     The Account Officer shall satisfy himself by reference to Insurance company where possible, that no prior assignment of the policy exists.

(3)     Once a policy has been accepted by an Account Officer for the purpose of being financed from the Fund, the terms of the policy shall not be altered, nor shall the policy be exchanged for another policy without the prior consent of the Account Officer to whom details of the alteration or of the new policy shall be furnished.

(4)     If the policy is not assigned and delivered, or delivered, within the said period of three months of such further period as the Account Officer may, under sub-rule (1), have fixed, any amount withheld or withdrawn from the in Rule 13, forthwith be paid or repaid, as the case may be, by the subscriber to the Fund, or, in default be ordered by the Account Officer to be recovered by deduction from the emoluments of the subscriber, by instalments or otherwise, as may be directed by the authority competent to sanction an advance for the grant of which, special reasons are required under clause (c) of sub-rule (1) of Rule 14.

(5)     Notice of assignment of the policy shall be given by the subscriber to the Insurance Company, and the acknowledgement of the notice by the Insurance Company shall be sent to the Account Officer within three months of the date of assignment.

Rule - 21.

The subscriber shall not during currency of the policy draw any bonus the drawal of which during such currency is optional under the terms of the policy, and the amount of any bonus which under the terms of the policy the subscriber has no option to retain from drawing during its currency shall be paid forthwith into the Fund by the subscriber or in default recovered by deduction from his emoluments by instalments or otherwise, as may be directed by the authority competent to sanction an advance for the grant of which, special reasons are required under clause (c) of sub-rule (1) of Rule 14.

Rule - 22.

(1)     Save as provided by Rule 26 when the subscriber-

(a)      quits the service; or

 

(b)      has proceeded on leave preparatory to retirement and applies to the Account Officer for re-assignment or return of the policy; or

 

(c)      while on leave, has been permitted to retire or declared by a competent medical authority to be unfit for further service and applies to the Account Officer for re-assignment or return of the policy; or

 

(d)      pays or repays to the Fund the whole of any amount withheld or withdrawn from the Fund for any of the purposes mentioned in sub-clause (ii) or clause (a) of Rule 16 and sub-clauses (i) and (ii) of clause (b) of Rule 16 with interest thereon at the rate provided in Rule 13. the Account Officer shall-

(i)       if the policy has been assigned to the Governor under Rule 20 or under the corresponding rule heretofore in force, reassign the policy in the first Form set forth in the Third Schedule to the subscriber, or to the subscriber and the joint assured, as the case may be, and make it over to the subscriber together with a signed notice of the reassignment addressed to the Insurance Company; (ii) if the policy has been delivered to him under clause (b) of sub-rule (1) of Rule 2, make over the policy to the subscriber:

Provided that, if the subscriber, after proceeding on leave preparatory to retirement, or after being, while on leave, permitted to retire or declared by a competent medical authority to be unfit for further service, returns to duty any policy so re-assigned or made over, shall, if it has not matured or been assigned or charged or encumbered in any way, be again assigned to the Governor of Assam and delivered to the Account Officer, or again be delivered to the Account Officer, as the case may be, in the manner provided in Rule 20, and thereupon the provision of these rules shall, so far as may be, again apply in respect of the policy :

Provided further that, if the policy has matured or been assigned or charged or encumbered in any way, the provision of sub-rule (4) of Rule 22 applicable to a failure to assign and deliver a policy shall apply.

(2)     Save as provided by Rule 26, when the subscriber dies before quitting the service, the Account Officer shall-

(i)       if the policy has been assigned to the Governor of Assam under Rule 20 or under the corresponding rule heretofore in force re-assign the policy in the second form set forth in the Third Schedule to such person as may be legally entitled to receive it and shall make over the policy to such person together with a signed notice of the reassignment addressed to the Insurance Company; (ii) if the policy has been delivered to him under clause (b) of sub-rule (1) of Rule 20, make over the policy to the beneficiary, if any, or, if there is no beneficiary, to such person as may be legally entitled to receive it.

Rule - 23.

(1)     If a policy assigned to the Governor of Assam under Rule 20 or under the corresponding rule heretofore in force, matures before the subscriber quits the service, or if a policy on the joint lives of a subscriber and the subscriber's wife or husband, assigned under the said rule or under the corresponding rule heretofore in force, falls due for payment by reason of the death of the subscriber's wife or husband, the Account Officer shall, save as provided by Rule 26 proceed as follows-

(i)       if the amount assured together with the amount of any accrued bonuses is greater the whole of the amount withheld or withdrawn from the Fund in respect of the policy with interest thereon at the rate provided in Rule 13, the Account Officer shall re-assign the policy in the Form set forth in the Fourth Schedule to the subscriber or to the subscriber and the joint assured, as the case may be, and made it over to the subscriber, who shall immediately on receipt of the policy monies from the Insurance Company pay or repay to the Fund the whole of any amount withheld or withdrawn with interest, and in default, the provision of sub-rule (4) of Rule 20 applicable to a failure to assign and deliver a policy shall apply;

(ii)      if the amount assured together with the amount of any accrued bonuses is less than the whole of the amount withheld or withdrawn with interest, the Account Officer shall realise the amount assured together with any accrued bonuses and shall place the amount so realised to the credit of the subscriber in the Fund.

(2)     Save as provided by Rule 26, if a policy delivered to the Account Officer under clause (b) of sub-rule (1) of Rule 20 matures before the subscriber quits the service, the Account Officer shall make over the policy to the subscriber :

Provided that if the interest in the policy of the wife of the subscriber or of his wife and children, or any of them, as expressed on the face of the policy expires when the policy matures the subscriber, if the policy monies are paid to him by the Insurance Company, shall immediately on receipt thereof pay or repay to the Fund either-

(i)       the whole of any amount withheld or withdrawn from the Fund in respect of the policy with interest thereon at the rate provided in Rule 13;

or

(ii)      an amount equal to the amount assured together with any accrued bonuses, whichever is less, and in default, the provision of sub-rule (4) of Rule 20 applicable to a failure to assign and deliver a policy shall apply.

Rule - 24.

If the interest of the subscriber in the family pension fund ceases, in whole or in part from any cause whatsoever, the provident fund account of the subscriber shall forthwith be reimbursed by the amount of the refund secured by the subscriber from the family pension fund, which amount shall, in default of reimbursement, be deducted from the subscriber's emoluments by instalment or otherwise, as may be directed by the authority competent to sanction an advance for the grant of which, special reasons are required under clause (c) of sub-rule (1) of Rule 14.

Rule - 25.

If the policy, lapses or is assigned otherwise than to the Governor of Assam under Rule 20, charged or encumbered, the provision of sub-rule (4) of Rule 20 applicable to a failure to assign and deliver a policy shall apply.

Rule - 26.

If the Account Officer receives notice of-

(a)      an assignment of (otherwise than an assignment to the Governor of Assam under Rule 20); or

 

(b)      a charge or encumbrance on; or

 

(c)      an order of a court restraining dealings with the policy or any amount realised thereon, the Account Officer shall not-

(i)       re-assign or make-over the policy as provided in Rule 22.

or

(ii)      realise the amount assured by the policy or re-assign, or make-over the policy, as provided in Rule 23, but shall forthwith refer the matter to the State Government.

Rule - 27.

Notwithstanding anything contained in these rules, if the sanctioning authority is satisfied that money drawn as an advance from the Fund under clause (1) of Rule 14 or withheld or withdrawn from the Fund under clause (a) or clause (b) of Rule 16, has been utilised for a purpose other than that for which sanction was given to the drawal, withholding or withdrawal of the money, the amount in question shall, with interest at the rate provided in Rule 13, forthwith be repaid or paid, as the case may be, by the subscriber to the Fund, or in default, be ordered to be recovered by deduction in one sum from the emoluments of the subscriber, even if he be on leave. If the total amount to be repaid or paid, as the case may be, be more than half the subscriber's emoluments, recoveries shall be made in monthly instalments of moieties of his emoluments till the entire amount recoverable be repaid or paid, as the case may be, by him.

Rule - 28. Final withdrawal of accumulations in the fund.

Final withdrawal from the Fund for the purpose of higher education may be allowed subject to the following terms and conditions-

(1)     The withdrawal may be permitted in the case of such officers as have either rendered not less than 25 years' service (including broken period of service, if any), or within eight years of the date of retirement on superannuation whichever is earlier;

(2)     The withdrawal may be allowed in the following type of cases-

(i)       for education outside India whether for an academic, technical professional or vocational course; and

(ii)      for medical, engineering and other technical or specialised courses in India beyond the High School stage, provided that the course of study is not less than three years.

(3)     The amount of the withdrawal will be limited to that prescribed in Rule 14;

(4)     The withdrawal will not be permissible more than once every six months, i.e., twice in any financial year;

(5)     The officer concerned should satisfy the sanctioning authority within a period of six months from the date of drawing the money that it has been utilised for the purpose for which it was intended; otherwise the whole amount of withdrawal together with interest will be liable to recovery in one lump sum;

(6)     Any amount withdrawal from the Fund, which is found to be in excess of that actually required by the officer for the purpose should be redeposited forthwith into the fund together with the interest due thereon.

The authority competent to sanction advances from the relevant provident funds in cases which require special reasons for such sanction is empowered to sanction withdrawal in terms of these orders.

The actual withdrawals from the fund will be made only on receipt of an authorisation from the Accounts Officer concerned who will arrange this as soon as the formal sanction of the competent authority has been issued. After the withdrawal has been made by the Officer concerned, the sanctioning authorities will satisfy themselves within six months of the withdrawal that the conditions mentioned in paragraph (5) and (6) above are fulfilled, and furnish a certificate to the Accounts Officer concerned.

Rule - 28-A.

When a subscriber quits the service the amount standing to his credit in the Fund shall become payable to him :

Provided that a subscriber, who has been dismissed from the service and is subsequently reinstated in the service shall, if required to do so by the State Government, repay any amount paid to him from the Fund in pursuance of this rule, with interest thereon at the rate provided in Rule 13, in the manner provided in the proviso to Rule 29. The amount so repaid shall be credited to his account in the Fund.

["Explanation I- A subscriber, other than who is appointed on contract or one who has retired from service and is subsequently re-employed with or without a break in service, shall not be deemed to quit the service, when he is transferred without any break in service to a new post under any other State Government or under Central Government or under any other Department of the State Government (in which he is governed by another set of Provident Fund Rules) and without retaining connection with his former post. In such a case, his subscription together with interest thereon shall be transferred."

(a)      to his account in the other Fund in accordance with the Rules of that Fund, if the new posts is in another department of the State Government;

or

(b)      to a new account under the Central Government or another State Government concerned, if the new post is under the Central Government or under another State Government and the Central or other State Government concerned, as the case may be, consents, by general or special order, to such transfer of subscription and interest.

The same shall hold good in case of retrenchments followed by immediately employment whether under the same or different Government."][9]

["Explanation II- A subscriber other than one who is appointed on contract or one who has retired from service and is subsequently re-employed with or without a break in service shall not be deemed to quit the service, when he is transferred without any break in service to a new post under any" other State Government or under the Central Government or under any other Department of the State Government (in which he is governed by another set of Provident Fund Rules) and without retaining any connection with his former post. In such a case, his subscription together with interest thereon shall be transferred."][10]

["Explanation III- Transfer of a subscriber include and the ["procedure mentioned in Explanation-I and II shall apply mutatis-mutandis to"][11] case of resignation from service to take appointment in another department of the State Government or under Central Government or under any other State Government or under a body corporate owned or controlled by Government without any break and with proper permission of the Government. In cases where there has been a break in service it shall be limit to the joining time allowed on transfer to a different station."][12]

Rule - 28-B.

Final withdrawal of money from provident fund for meeting expenditure on marriage purposes may be allowed subject to the following terms and conditions-

(i)       The final withdrawal may be permitted in case of only such subscribers as have either rendered not less than 25 years' service (including broken periods, if any) or within 8 years' of the date of retirement, on superannuation whichever is earlier;

 

(ii)      The withdrawal will be permitted only for the marriage of the subscriber's daughters and if the subscriber has no daughter, for any other female relation dependent on him;

 

(iii)     The amount of withdrawal in respect of each marriage will be normally limited to-

(a)      six months' pay, or

(b)      one half of the amount standing to the credit of the subscriber in the case of non-contributory provident fund, whichever is the least.

In special cases, the sanctioning authority may relax the limit at (a) above but in no case should more than 10 months' pay may be sanctioned.

(iv)    In respect of the same marriage, a subscriber may either withdraw the money in terms of these orders or draw an advance under the ordinary rules;

(v)      The withdrawal may be allowed to the subscriber not earlier than three months preceding the month in which marriage actually takes place;

(vi)    The subscriber shall furnish a certificate to the sanctioning authority within the period of one month from the date of marriage, or if he is on leave, within one month on return from leave, that the money withdrawal has actually been utilised for the purpose for which it was intended. If the subscriber fails to furnish the requisite certificate or if the amount withdrawn, is utilised for a purpose other than that for which sanction was given, the entire amount together with interest thereon at the rate provided for in Rule 13 of the G.P. Fund (Assam Services) Rules from the month of withdrawal shall be re-deposited forthwith into the fund in one lump sum;

(vii)   Any amount actually drawn from the fund which is found to be in excess of that actually utilised by the subscriber for the purposes shall be re-deposited forthwith into the fund together with interest due thereon at the rate provided for in Rule 13 of the G.P. Fund (Assam Services) Rules from the month of such withdrawal;

(viii)   A subscriber who has drawn before the date of issue of these rules or draws a refundable advance in future under the ordinary rules may convert at his discretion by written request addressed to the Accounts Officer through the sanctioning authority the balance outstanding against it into a final withdrawal on his satisfying the conditions laid down herein;

(ix)    The actual withdrawal from the fund will be made only on receipt of an authorisation from the Accounts Officer concerned who will arrange this as soon as the formal sanction of the competent authority has been issued.

(x)      The authority competent to sanction temporary advances from the relevant provident funds in cases which special reasons for such sanction is empowered to sanction withdrawal in terms of these orders when all the terms and conditions for the drawal are fulfilled. Cases necessitating relaxation of any of the terms and conditions shall be referred to the Finance Department.

Rule - 28-C.

(1)     Final withdrawal of money from the provident fund for meeting expenditure in connection with the illness of the subscriber or any person actually dependent on him may be allowed subject to the following terms and conditions-

(i)       The final withdrawal may be permitted in case of such subscribers as have either rendered not less than 25 years (including broken periods; if any) or within 8 years of the date of retirement on superannuation, whichever is earlier;

 

(ii)      The withdrawal shall not be permissible more than once every six months, i.e., twice in any financial year;

 

(iii)     The amount of withdrawal will be normally limited to-

(a)      six months' pay, or

(b)      one half of the amount standing to the credit of the subscriber in the fund, whichever is less.

(iv)    The actual drawal from the fund will be made only on receipt of an authorisation from the Accounts Officer concerned who will arrange this as soon as the formal sanction of the competent authority has issued.

(2)     The authority competent to sanction temporary advances from the relevant provident fund the cases which require special reasons for such sanction is empowered to sanction withdrawal in terms of this rule when all the terms and conditions for the drawal are fulfilled. Cases necessitating relaxation of any of the terms and conditions shall be referred to the Finance Department.

Rule - 28-D.

Final withdrawal of money may be allowed either for the purpose of building or acquiring a suitable house including repairs and extension of the existing house and the cost of site or for repayment of any outstanding amount on account of loan obtained from private sources including house building loan expressly taken from the Government for the aforesaid purpose under the provision of the Assam Financial Rules and availed of at least 12 (twelve) months before the application for withdrawal.

Such withdrawal will be permitted once only for one house in the place of duty of the subscriber or/and in the intended place of his residence after retirement.

Explanation- Withdrawal will also be admissible in order to enable the completion or extension of houses built out of house building advance granted by the Government of Assam and mortgaged to the Governor of Assam at the time of granting the final withdrawal of Provident Fund money for the above purpose.

(1)     The concession will be admissible to subscribers owning no house before attaining the age of superannuation at any time not earlier than 5 years or on their completion of 25 years of service (including broken of service, if any) whichever is earlier.

 

(2)     Withdrawal from the Provident Fund shall not exceed (a) one half of the amount standing to the credit of the Government servant, or (b) the actual cost of the house including the cost of the site, repair, or extension, or completion or repayment of the loan in that behalf, whichever is less. If as mentioned above, the amount withdrawn exceeds the actual expenditure or repayment as aforesaid, the excess shall be refunded to the Government forthwith in the lump sum together with interest thereon at the rate provided in Rule 15 from the month of such withdrawal by the subscriber for being credited to his account in the fund. The actual expenditure incurred in connection with sale or transfer deeds may be reckoned as part of the cost of the house.

 

(3)     The house proposed to be acquired or redeemed by the subscriber with the help of the amount withdrawn as aforesaid shall be situated at the place of his duty or/and his intended place of residence after retirement.

 

(4)     Withdrawal will be permitted for building, acquiring one house only in one place; and further in those cases only where the Government servant does not already own a house at the place where the house is proposed to be built, acquired or redeemed. There will however be no objection to the grant of a second withdrawal to a subscriber who has already been granted one withdrawal for one house in one of the places mentioned in sub-rule (3) above and intends to build or acquire or redeem another house in the other place.

 

(5)     In the case of construction of a house, the withdrawal will be permitted Only in equal instalments (not less than two and not more than four in number), the instalments after the first being authorised by the administrative authority after verification regarding progress of construction of the house. The Accountant General, will authorise payment for the whole amount sanctioned. But the second and subsequent instalments shall be drawn on administrative authority being satisfied on production of vouchers that the actual expenses incurred by the drawee justify such subsequent withdrawals.

 

(6)     Before the advance is granted the applicant should sign and submit to the sanctioning authority an undertaking as in the form specified in the Sixth Schedule and should strictly follow these conditions. The authority competent to sanction only nonrefundable advance from Provident Fund shall be the same authority who sanctions advances from Provident Fund for other purposes for special reasons as specified in the Fifth Schedule.

 

(7)     The actual withdrawal from the Fund will made only on receipt of an authorisation from the Accountant-General, Assam and Nagaland Shillong who will arrange this as soon as the formal sanction of the competent authority has been issued.

 

(8)     The second withdrawal mentioned in sub-rule (4) will not be permissible within six months of the first withdrawal as mentioned therein.

Rule - 29.

When a subscriber-

(a)      has proceeded on leave preparatory to retirement, or, if he is employed in a vocation department, on leave preparatory to retirement combined with a vocation, or

(b)      while on leave, has been permitted to retire or been declared by a competent medical authority to be unfit for further service, the amount standing to his credit in the Fund shall, upon application made by him in that behalf to the Account Officer, become payable to title subscriber :

Provided that the subscriber, if he returns to duty, shall, if required to do so by the State Government, repay to the fund, for credit to his account, the whole or part of any amount paid to him from the Fund in pursuance of this rule with interest thereon at the rate provided in Rule 13, in cash or securities, or partly in cash and partly in securities by instalments or otherwise by recovery from his emoluments or otherwise, as may be directed by the authority competent to sanction an advance for the grant of which, special reasons are required under clause (c) of sub-rule (1) of Rule 14.

Rule - 30.

On the death of subscriber before the amount standing to his credit has become payable or where the amount has become payable, before payment has been made:-

(i)       when the subscriber leaves a family-

(a)      if a nomination made by the subscriber in accordance with the provisions of Rule 7 or of the corresponding rule heretofore in force in favour of a member or members of his family subsits, the amount standing to his credit in the Fund or the part thereof to which the nomination relates shall become payable to his nominee or nominees in the proportion specified in the nomination; 

(b)      if no such nomination in favour of a member or members of the family of the subscriber subsists, or if such nomination relates only to a part of the standing to his credit in the Fund, the whole amount or the part thereof to which the nomination does not relate, as the case may be, shall, notwithstanding any nomination purporting to be in favour of any person or persons other than a member or members of his family, become payable to the members of his family in equal shares :

Provided that no share shall be payable to.

(1)     sons who have attained legal majority;

 

(2)     sons of a deceased son who have attained legal majority;

 

(3)     married daughters whose husbands are alive;

 

(4)     married daughters of a deceased son whose husbands are alive; if there is any member of the family other than those specified in clauses (1), (2), (3) and (4) :

Provided further that the widow or widows and the child or children of a deceased son shall receive between them in equal parts only the share which that son would have received if he had survived the subscriber and had been exempted from the provisions of clause (1) of the first proviso.

(ii)      When the subscriber leaves no family, if a nomination made by him in accordance with the provision of Rule 7 or of the corresponding rule heretoforce in force in favour of any person or persons subsists, the amount standing to his credit in the Fund or the part thereof to which the nomination relates, shall become payable to his nominees in the proportion specified in the nomination.

Rule - 30-A. Deposit Linked Insurance Scheme.

On the death of a subscriber, the person, entitled to receive the amount of General Provident Fund standing to the credit of the subscriber shall be paid by the Accounts Officer, an additional amount equal to the average balance in the account during the whole 3 (three) years period immediately preceding the death of such subscriber, subject to the condition that-

(a)      the balance at the credit of such subscriber shall not, at any time, during the three years preceding the month of death have fallen below the limits of-

(i)       Rs. 12,000 in the case of a subscriber, who, at the time of his death was holding a post, the maximum of the pay scale of which was Rs. 4325 (Four thousand three hundred twenty five) or more;

(ii)      Rs. 7500 (Rupees seven thousand five hundred) in the case of a subscriber, who at the time of his death, was holding a post, the maximum of the pay scale of which was Rs. 3700 (Rupees three thousand seven hundred) or more but less then Rs. 4325 (Rupees four thousand three hundred twenty five); (iii) Rs. 4500 (Rupees four thousand five hundred) in the case of a subscriber, who, at the time of his death, was holding a post, the maximum of the pay scale of which was Rs. 1736 (Rupees one thousand seven hundred thirty six) or more but less than Rs. 3700 (Rupees three thousand seven hundred); (iv) Rs. 3000 (Rupees three thousand) in the case of a subscriber, who, at the time of his death, was holding a post, the maximum of the pay scale of which was less than Rs. 1736 (Rupees one thousand seven hundred thirty six).

(b)      The additional amount payable under this rule shall not exceed Rs. 30,000 (Rupees thirty thousand) only.

(c)      The subscriber has put in at least five years service at the time of his death.

PROCEDURE FOR PAYMENT OF BENEFIT UNDER DEPOSIT LINKED INSURANCE SCHEME

On the death of a subscriber of the Fund, the Head of office in which the subscriber was posted at the time of his death, shall report the same to the Accounts officer on receipt of information from the claiment entitled to receive the General Provident Fund balance as per the provision of the General Provident Fund Rules as per the prescribed format, stating inter alia, the date, place and cause of death of the subscriber, supported by death certificate and post-mortem report of the medical officer (wherever it is applicable), the name and particulars of the person, entitled to receive the amount of General Provident Fund balance standing to the credit of the subscriber as per provision of the Rule 7 of these Rules with a request to the Accounts Officer to intimate to the Head of Office at an early date the amount of benefit, admissible under the provision of clause (a) in accordance with clause (b) of Rules 30-A, of these Rules fulfilling the conditions of clause (c). The Head of office shall write to the Accounts Officer as per the prescribed format along with a forwarding letter. On receipt of the report from the Accounts Officer on the admissible amount to be paid under the Deposit Linked Insurance Scheme the Head of Office shall sanction the payment of this amount to the person, entitled to receive the same as stated above, debitable to the head of account "8005-State Provident Fund" and shall draw and disburse the same to the same person. Every Head of Office shall maintain financial year-wise account of all such payments made under the Deposit Linked Insurance Scheme in a register as per the prescribed format and he shall submit, for every financial year, an annual return on the same as per the prescribed format to his Head of Department, Director of Accounts and Treasury, Government of Assam, Guwahati, Secretary to the Government of Assam, Pension & Public Grievances Department, Government of Assam and the Accountant General, Assam. The Director of Accounts and Treasury, Government of Assam, Guwahati shall consolidate annual accounts of such payments for every financial year and he shall conduct the annual verification of expenditure under this head of account with the figures booked by the Accountant General, Assam.

Format of application for Deposit Linked Insurance money under the provisions of Rule 30-A of General Provident Fund (Assam Services) Rules, 1937 as amended.

[This application alongwith annexure is to be submitted in two sets by a person, entitled to receive the amount of General Provident Fund balance as per the provision of the Rule-7 of the General Provident Fund (Assam Services, Rules, 1937, as amended.]

Application for Deposit Linked Insurance money in respect of Late Shri/Smti............................................(Pull name in block letters).....................................(designation)............................. in the Office/Department of........................................................ 

1.        Name of the applicant (in block letters)............................. (Claiming payment of amount under Deposit Linked Insurance Scheme)

 

2.        Relationship with the deceased ......,................................Government servant.

 

3.        Name of the deceased Government..................................servant (in block letter)

 

4.        Date of the birth of the deceased.....................................Government servant.

 

5.        Post held by the deceased Government...........................servant at the time of his/her death.

 

6.        Date of death of the deceased.........................................Government servant.

 

7.        Place of death.................................................................

 

8.        Cause of death...............................................................

 

9.        Proof of death (Death Certificate is.................................. to be attached in every case. Certified copy of the post mortem report may also be attached in case of unnatural death.)

 

10.     General Provident Fund A/C No. of.................................. the deceased Government servant.

 

11.     The amount of General Provident Fund money standing at the credit if the subscriber as per the latest annual statement of General Provident Fund account received from the Accountant General Assam, if available (attested true copy to be enclosed............................................................................................................................. ........................................................................................................................................

12.     Details of the claimants, if he/they is/are nominee (s)/ deemed nominee (s) as per the Rule-7 of the General Provident Fund (Assam Services) Rules, 1937, as amended-

1.        ..................................................................................

2.        ..................................................................................

3.        .................................................................................

13.     In case where the claimant's claim is based on succession certificate, detail thereof [vide Rule 7 (2)(i)] of the General Provident Fund (Assam Services) Rules, 1937, as amended (Certified true copy of this succession certificate is to be attached.)

1......................,..........................................................

2................................................................................

3................................................................................

14.     Identification of the claimant(s)

(i)       Personal mark of identification...................................

(ii)      Left/Right hand thumb impression or finger impression in the case of illiterate claimant(s)............................

(iii)     Specimen signature in duplicate (in case of literate claimant(s).

Formate of report from a Head of office to the Accountant General, Assam, relating to the payment under the Deposit Linked Insurance Scheme under Rule 30-A of the General Provident Fund (Assam Services) Rules, 1937, as amended.

1.        Name of the deceased subscriber. (In full in block letter)

 

2.        Post held by him at the time of his death.

 

3.        Scale of pay of the post held by him at the time of his death.

 

4.        General Provident Fund A/C Number of the deceased subscriber.

 

5.        His date of birth.

 

6.        His date of death.

 

7.        Place of his death.

 

8.        Proof of his death (Death certificate is to be attached in every case. Certified copy of the postmortem report may also be attached in case of unnatural death).

 

9.        Details of the claimant(s) who is/are nominees/deemed nominees of the subscriber as per Rule 7 of the General Provident Fund (Assam Services) Rules, 1937 as amended.

1..................................................................................

2..................................................................................

3. .................................................................................

10.     In case when the claimant's claim is based on succession certificate details thereof.

Attested Photo copy/attested true copy of certified copy of the succession certificate is to be attached.

(vide Rule 7(2)(i) of the General Provident Fund (Assam Services) Rules, 1937, as amended.

1..................................................................................

2..................................................................................

3..................................................................................

11.     The amount of General Provident Fund money standing at the credit of the subscriber as per the latest annual statement of General Provident Fund A/c of the Accountant General, Assam, supported by true copy of it, attached by the claimant.

(This information is to be furnished, if available or received from the claimant).

12.     Since the latest annual General Provident Fund Statement or for the period, during which the deceased subscriber was held in the establishment of the Head of Office, whichever is earlier; the details of General Provident Fund subscriptions by the deceased subscriber, details of temporary advances from his General Provident Fund and repayment thereof by him and details of non-refundable advance to him from his General Provident Fund.

13.     One copy of the application along with its enclosure submitted by the claimant(s), claiming payments under the Deposit Linked Insurance Scheme on the death of deceased subscriber alongwith its enclosures is attached herewith.

14.     The Accountant General, Assam is requested to intimate early to the Head of office the average General Provident Fund balance at the credit of the deceased subscriber during the 36 (thirty six) months period, immediately preceding the month in which the deceased subscriber died. He is also requested to intimate early to the Head of Office the amount payable to the claimant under the Deposit Linked Insurance Scheme as per the provision of Rule 30-A of the General Provident Fund (Assam Services) Rules, 1937, as amended.

Signature of the Head of Office.

Format of the Register to maintained in the office of the Head if Office relating to the additional payment under the Deposit Linked Insurance Scheme under the Rule 30-A of the General Provident Fund (Assam Services) Rules, 1937, as amended-

Format of Annual Return to be submitted by every Head of office to his Head of Department, Director of Accounts & Treasuries Assam, Guwahati, Secretary to the Government of Assam, Pension & Public Grievances Department, Dispur and the Accountant General, Assam, Guwahati for the financial year 20...... 20...... relating to the additional payment under the Deposit Linked Insurance Scheme under the Rule 30-A of the General Provident Fund (Assam Services) Rules, as amended-

Rule - 31. Manner of payment of amount in the fund.

(1)     When the amount, standing to the credit of a subscriber in the Fund, becomes payable, it shall be the duty of the Accounts Officer to make payment on receipt of a written application in this behalf as provided in sub-rule (3) and sub-rule (4) hereunder.

(2)     If the person, to whom under these rules, any amount or policy is to be paid assigned, re-assigned or delivered, is a lunatic, for whose estate, a manager has been appointed under the Indian Lunacy Act, 1912, the payment or re-assignment or delivery shall be made to such manager and not to the lunatic :

Provided that where no manager has been appointed and the person to whom the sum is payable is certified by a Magistrate to be a lunatic, the payment shall, under the orders of the Collector, be made in terms of sub-section (I) of Section 95 of the Indian Lunacy Act, 1912 to the person having charge of such lunatic and the Accounts Officer shall pay only the amount, which he thinks fit, to the person having charge of the lunatic, and the surplus, if any, or such part thereof, as he thinks fit shall be paid for the maintenance of such members of the lunatic's family as are dependent on him for, maintainance.

(3)     Any person who desires to claim payment under this rule shall send a written application in that behalf either Form No. I, or Form No. II, as the case may be, to the Accounts Officer.

(4)     Payment of the amount withdrawn shall be made in India only. The person to whom the amounts, are payable shall make their own arrangements to receive payment in India. The following procedure shall be adopted for claiming payment by a subscriber, namely-

(a)      To enable a subscriber to submit an application for withdrawal of the amount in the Fund, the Head of Office shall send to every subscriber necessary forms either one year in advance of the date on which the subscriber attains the age of superannuation, or before the date of his anticipated retirement, if earlier, with instructions, that they should be returned to him duly completed within a period of one month from the date of receipt of the form by the subscriber.

The subscriber shall submit the application in Part-I of Form-I, to the Accounts Officer through the Head of office or Department for payment of the amount in the Fund. The application shall be made-

(i)       for the amount standing to his credit in the Fund as indicated in the Accounts Statement for the year ending one year prior to the date of his superannuation or his anticipated date of retirement, or

(ii)      for the amount indicated in his ledger account, in case the Accounts Statement has not been received by the subscriber.

(b)      The Head of Office/Department shall forward the application to the Accounts Officer indicating the recoveries effected against the advances which are still current and the number of instalments yet to be recovered and also indicate the withdrawals, if any, taken by the subscriber after the period, covered by the last statement of the subscriber's account, sent by the Accounts Officer.

(c)      The Accounts Officer shall, after verification with the ledger account, issue an authority for the amount indicated in the application at least a month before the date of superannuation but payable on the date of superannuation.

(d)      The authority mentioned in clause (c) shall constitute the first instalment of payment. A second authority for payment shall be issued as soon as possible after superannuation. This shall relate to the contribution made by the subscriber subsequent to the amount mentioned in the application submitted under clause (a) plus the refund of instalments against advances, which were current at the time of the first application.

(e)      After forwarding the application for final payment to the Account Officer, advance/withdrawal may be sanctioned but the amount of advance/withdrawal shall be drawn on an authorisation from the Account Officer concerned who shall arrange this as soon as the formal sanction of the sanctioning authority is received by him.

 

(f)       The subscriber shall make another application in Part-II of Form I immediately after the last Fund deduction has been made and the exemption from subscription to the Fund has begun to operate, for the payment of subscriptions made by him and the refund of instalments against advances, if any, during the periods not convered by the first application, referred to at (a) above.

 

(g)      The Accounts Officer, on receipt of the application for final payment of General Provident Fund amount, made by the Government Servant one year in advance of which the Government Servant attains the age of superannuation shall verify the ledger account upto that period and after receiving the second application, verify the ledger account for the remaining nine months and authorise the payment at least a month before the date of his superannuation. The amount shall, however, be payable on the date following the date of retirement of the Government servant."][14]

Rule - 32.

(a)      If a Government servant who is a subscriber to an any other Government Provident Fund, which is a non-contributory provident fund, is permanently transferred to pensionable service under the State Government, the amount of subscriptions, together with interest thereon, standing to his credit in such other fund at the date of transfer shall, with the consent of the other Government concerned, be transferred to his credit in the Fund.

(b)      If a Government servant who is a subscriber to the Contributory Provident Fund (Assam), the Contributory Provident Fund (India) or any other State Contributory Provident Fund is permanently transferred to pensionable service under the State Government and elects or is required to earn pension in respect of such pensionable service-

(i)       the amount of subscriptions, with interest thereon, standing to his credit in such contributory provident fund at the date of transfer shall with the consent of the other Government, if any, be transferred to his credit in the Fund;

(ii)      the amount of contributions, with interest thereon standing to his credit in such contributory provident fund shall, with the consent of the other Government, if any, be repaid to the State Government and credited to State Revenues; and

(iii)     he shall in exchange be entitled to count towards pension such part of the period during which he subscribed to such contributory provident fund as the State Government may determine.

Rule - 33.

If a subscriber to the Fund is subsequently admitted to the benefits of the Contributory Provident Fund (Assam), the amount of his subscriptions together with interest thereon, shall be transferred to the credit of his account in the Contributory Provident Fund (Assam).

Rule - 34. Procedure Rules.

All sums paid into the Fund under these rules shall be credited in the books of Government to an account named "(Assam Services) General Provident Fund". Sums of which payment has not been taken within six months after they become payable under these rules shall be tranferred to "Deposits" at the end of the year and treated under the ordinary rules relating to deposits.

Rule - 35.

When paying a subscription in India, either by deduction from emoluments or in cash, a subscriber shall quote the number of his account in the Fund, which shall be communicated to him by the Account Officer. Any change in the number shall similarly be communicated to the subscriber by the Account Officer.

Rule - 36.

(1)     As soon as possible after the close of each year, the Account Officer shall send to each subscriber a statement of his account in the Fund showing the opening balance as on the 1st April of the year, the total amount credited or debited during year, the total amount of interest credited as on the 31st March of the year and closing balance on that date. The Accounts Officer shall attach to the statement of account an enquiry whether the subscriber-

(a)      desires to make any alteration in any nomination made under Rule 7 or under the corresponding rule heretofore in force;

(b)      has acquired a family in cases where the subscriber has made no nomination in favour of a member of his family under the proviso to sub-rule (1) of Rule 7.

(2)     Subscriber should satisfy themselves as to the correctness of the annual statement, and errors should be brought to the notice of the Account Officer within six months from the date of receipt of the statement.

(3)     The Account Officer shall if required by a subscriber once, but not more than once, in a year inform the subscriber of the total amount standing to his credit in the Fund at the end of the last month for which his account has been written up.

Rule - 37. Relaxation of the provision of the Rule in individual cases-

When the Governor is satisfied that the operation of any of these rules causes or is likely to cause undue hardship to a subscriber, it may, after recording the reasons for doing so and notwithstanding anuthing contained in these rules, deal with the case of such subscriber in a manner as may appear to it to be just and equitable :

Provided that the case shall not be dealt with in any manner less favourable to such subscriber than that prescribed in these rules.

FIRST SCHEDULE

[See Rule 7(3)

FORMS OF NOMINATION

I.         When the subscriber has a family and wishes to nominate one member thereof.

I, hereby nominate the person mentioned below, who is a member of my family as defined in Rule 2 of the General Provident Fund (Assam Services) Rules, to received the amount that may stand to my credit in the Fund, in the event of my death before that amount has become payable or having become payable has not been paid-

Dated this..................................day of......................20............at...........

Signature of Subscriber.......................

Two witnesses to sign :

(1)     .................................................

(2)     ...............................................

II.       When the subscriber has a family and wishes to nominate more than one members thereof.

I, hereby nominate the persons mentioned below, who are members of my family as defined in Rule 2 of the General Provident Fund (Assam Services) Rules, to receive the amount that stand to my credit in the Fund, in the event of my death before that amount has become payable, or having become payable has not been paid and, direct that the said amount shall be distributed among the said persons in the manner shown below against their names-

Dated this .................... day of...............20.......... at...........

Signature of subscriber.......................

Two witnesses to sign :

(1) .....................................

(2) .....................................

III.     When the subscriber has no family and wishes to nominate one person.

I, having no family as defined in Rule 2 of the General Provident Fund (Assam Services) Rules hereby nominate the person mentioned below to receive the amount that may stand to my credit in the Fund, in the event of my death before that amount has become payable, having become payable has not been paid-

Dated this..................... day of............... 20........... at..........

Signature of subscriber........................

Two witnesses to sign :

(1).....................................

(2) .....................................

IV.      When the subscriber has no family and wishes to nominate more than one person.

I, having no family as defined in Rule 2 of the General Provident Fund (Assam Services) Rules hereby nominate the persons mentioned below to receive the amount that may stand to my credit in the Fund, in the event of my death before that amount has, become payable, or having become payable has not been paid, and direct that the said amount shall be distributed among the said persons in the manner shown below against their names-

Dated this ..:..............day of...............20.......... at...........

Signature of subscriber........................

Two witnesses to sign :

(1) -...................................

(2) .....................................

SECOND SCHEDULE

[Rule 20(1)(a)

FORMS OF ASSIGNMENT

I, A.B. of................hereby assign upto the Governor of Assam the within policy of assurance as security for payment of all sums which under Rule 25 of the General Provident Fund (Assam Services) Rules, I may here after become liable to pay to that Fund.

I, hereby certify that no prior assignment of the within policy exists.

Dated this ......................... day of................... 20.........

Signature of Subscriber....................

We, A.B, (the subscriber) of..........and CD. (the joint assured) of.......in consideration of the Governor of Assam agreeing at our request to accept payments towards the within policy of assurance in substitutions for the subscription payable by me the said A.B. to the (Assam Services) General Provident Fund (or, as the case may be, to accept the withdrawal of the sum of Rs........from the sums to the credit of the said A.B. in the General Provident Fund for payment of the premium of the within policy of assurance], hereby jointly and severally assign unto the said Governor the within policy of assurance as security for payment of all sums which under Rules 25 of the General Provident Fund (Assam Services) Rules, the said A.B. may hereafter become liable to pay to that Fund.

We hereby certify that no prior assignment of the within policy exists.

Dated this.................................. day of................... 20...........

Signature of Subscriber and Joint Assured Station ........................................ One witness to sign.

I, C.D., wife of A.B. and the assignee of the within policy, having, at the request of A.B. the assured, agreed to release my interest in the policy in favour of A.B., in order that A.B. may assign the policy to the Governor of Assam who has agreed to accept payments towards the within policy of Assurance in substitution for the subscriptions payable by A.B. to the (Assam Services) General Provident Fund hereby at the request and direction of A.B. assign and I the said A.B. assign confirm unto the Governor the within policy of Assurance as security for payment of all sums which under Rule 25 of the rules of the said Fund the said A.B. may hereafter become liable to pay the Fund.

We hereby certify that no prior assignment of the within policy exists.

Dated this ............................... day of.................. 20 .............

Signature of the Assignee and the Subscriber Station........................................................One witness to sign.

[15]THIRD SCHEDULE

[Rule 22]

FORM OF REASSIGNMENT BY THE GOVERNOR OF ASSAM

All sums which have become payable by the above named A.B. under Rule 25 of General Provident Fund (Assam Services) Rules having been paid and all liability for payment by him of any such sums in the future having ceased the Governor of Assam doth hereby re-assign the within policy of assurance to said A.B/A.B. and C.D.

Dated this...........day of..................20.......

Executed by...........................

(One witness who should add his designation and address)

The above named A.B. having died on the...............day of........ 20......, the Governor of Assam doth hereby re-assign the within policy of assurance to CD.

Dated this.....................day of.............20...............

Executed by............................

(One witness who should add his designation and address)

FOURTH SCHEDULE

[Rule 23]

FORM OF REASSIGNMENT BY THE GOVERNOR OF ASSAM

The Governor of Assam doth hereby re-assign the within policy to the said A.B/A.B.and C.D.

Dated this.................... day of................ 20..........

Executed by........................

(One witness who should add his designation and address)

FIFTH SCHEDULE

[Rule 14]

AUTHORITIES COMPETENT TO GRANT TEMPORARY ADVANCE

1.        An advance for the grant of which, special reasons are not required under clause (c) of Rule 14 may be sanctioned by the head of the office in respect of officers and establishment under his control or if the applicant himself is the head of the office by the administrative authority next higher to the applicant.

2.        An advance for the grant of which, special reasons are required under clause (c) of Rule 14 may be sanctioned by a Department of the State Government and Heads of Departments whose names are declared in the Assam Subsidiary Rules as such in respect of officer and establishment under their control :

Provided that when in any particular case the authority mentioned in the above list is also the authority competent to sanction an advance for the grant of which special reasons are not required under clause (c) of Rule 14, the advance from the Provident Fund may be sanctioned only by the next higher administrative authority.

Explanation- The 'next higher administrative authority" to a Department of the State Government is the Government in the Finance Department :

Provided further that in the case of an applicant who is head of Department himself, the advance for the grant of which special reasons are required will be sanctioned by the authority next higher to that which is competent to sanction to the applicant an advance for the grant of which special reasons are not required.

SIXTH SCHEDULE

[Rule 28(D)]

To,

The Governor of Assam,

In consideration of the Governor (hereinafter referred to as "the Government") having agreed at my request to permit, for the purpose of building or acquiring a suitable house including repairs and extension of the existing house and the cost of site or for repayment of any outstanding amount on account of loan taken from private sources, including house building advance expressly, taken from the Government or for completion of house built out of house building advance withdrawal at the sum of Rs................. (Rupees.......................) only from the amount standing to my credit in the .................. Fund under the provisions of the Role 28-D of General Provident Fund (Assam Services) Rules. I, hereby undertake to observe and perform the terms and conditions contained therein in so far as they are applicable to me and, in particular to comply with the following terms and conditions namely-

(1)     that the amount for which the withdrawal is applied for shall be actually utilised for the purpose of building or acquiring a suitable house including repairs and extension of the existing house and the cost of site or for repayment of any outstanding amount on account of loan taken from private sources including house building advance expressly taken from the Government or for completion of house built out of house building advance;

(2)     that if the amount permitted to be so withdrawn is in excess of the actual expenditure incurred by me for building or acquiring a suitable house including the cost of the site thereof, or repairs or extension or completion, the excess amount together with interest thereon at the rate provided for in sub-rule (2) of aforesaid rule, shall be refunded to the Government for credit to my Provident Fund Account forthwith without demur in one lump sum without the same shall have been demanded or not;

(3)     that the house proposed to be built or acquired or repaired or extended or completed by me with the amount so withdrawn shall be situated at my place of duty or/and... ......... where I intend to reside after retirement;

(4)     that in the event of my building a house or completion or repaire or extension to my house the construction or execution of necessary works thereto shall be commenced within six months of the withdrawal of the aforesaid amount and shall be completed within a period of one year from the date of commencement of construction or within such further extended period as the Government may in its absolute discretion allow. In the event of a ready built house being purchased, any loan previously obtained by me for such purpose from private parties shall be repaid within three months of the drawal of such amount or such extended period as may be permitted by the Government;

(5)     that in the event of my building a house the right to build on the site on which the house is proposed to build will be acquired by me forthwith;

(6)     that approved plans and permits where necessary from the local authorities for the purchase of building materials to the extent required shall be furnished by me;

(7)     that in the case of drawal for the purchase of a ready built house I shall secure an undisputed title to the house and the land on which the house is built after the purchase price is paid;

(8)     that so long I am in service I shall submit every year a declaration on or before 31st December, that the house so built or acquired continued to be in my sole ownership and possession;

(9)     that while in service the house built or acquired shall not sale and except mortgaging the same in favour of the Governor of Assam in terms of advance granted under the relevant provisions of the Assam Financial Rules be transferred by me by way of sale, mortgage, exchange, or gift or on lease for a term exceeding three years or otherwise howsoever without the previous permission of the sanctioning authority in writing;

I hereby declare that my private savings together with the amount permitted to be withdrawn will be sufficient to build or acquire or repair or extend or complete the house of the type proposed. I further declare that if the house is not purchased or built or acquired or repaired, or extend or completed in accordance with the provision of the letter referred to above or if I commit any breach of any of the aforesaid terms and conditions, I shall repay to the................Fund for credit my account the whole of the amount permitted to be withdrawn from the Fund in pursuance of the said rule together with interest thereon at the rate provided for in sub-rule (2) thereof;

(10)   that save and except the house proposed to be completed or repaired or extended or acquired by repayment of the loan of advance, I hereby solemnly declare that I have no other house of my own at my place of duty or/and where I intend to reside after retirement and that the amount withdrawn shall not in any way be diverted or invested for the purpose other than the purpose for which the withdrawal is permitted.

Dated this ................. day of................ 20.......

................................

(Signature)

Place.........................

..............................

witness :-