THE GENERAL PROVIDENT FUND (KERALA) RULES, 1963

[1][THE GENERAL PROVIDENT FUND (KERALA) RULES, 1963

Rule - 1. Short title Commencement and Definitions.

(1)     These rules may be called the General Provident Fund (Kerala) Rules. 1963.

(2)     They shall come into force on the 1st April, 1964.

Rule - 2.

In these rules, unless there is anything repugnant in the subject or context:-

(a)      "Account Officer" means such officer as may be appointed in this behalf by the Accountant General, Kerala.

(b)      Except where otherwise expressly provided "emoluments" means pay, leave salary or subsistence allowance as defined in the Kerala Service Rules or other Service Rules applicable to the officer concerned and includes dearness pay appropriate to pay, leave salary or subsistence allowance if admissible 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 subscriber, and the widow, or widows and children of a deceased son of the subscriber:

Provided that if a subscriber proves that his wife has been judicially separated from him or has ceased under the customary law of the community to which she belongs to be entitled to maintenance, she shall henceforth be deemed to be no longer a member of the subscriber's family in matters to which these rules relates, unless the subscriber subsequently indicates by express notice in writing to the Account Officer that she shall continue to be so regarded; and

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

Provided that if a subscriber by notice 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 subsequently cancels formally in writing her notice excluding him.

Note 1:- "Children" means legitimate children.

Note 2.- An adopted child shall be considered to be a child when the Account Officer or if any doubt arises in the mind of the Account Officer, the Advocate General is satisfied that under the personal law of the subscriber, adoption is legally recognized as conferring the status of a natural child, but in that case only.

Note 3.- A child of one person given in adoption to another shall not be considered to be the child of the former, if the Account Officer, or if any doubt arises in the mind of the Account Officer, the Advocate General is satisfied that under the personal law of the persons concerned such adoption is legally recognized and in that case only.

(d)      "Fund" means the General Provident Fund, (Kerala).

(e)      "Government", "Governor" and "State" means respectively the Government, the Governor and the State of Kerala.

(f)       "Leave" means any variety of leave recognized by the leave rules applicable to the officer concerned.

(g)      "Year" means a financial year.

Rule - 3.

Any other expression used in these rules which is defined either in the Provident Funds Act (XIX of 1925) or in the Kerala Service Rules is used in the sense therein defined.

Constitution of Fund

Rule - 4.

There shall be a Fund called the General Provident Fund (Kerala) and the Fund shall be maintained in rupees.

Rule - 5.

The subscribers to the existing Provident Funds, viz., the State Provident Fund (Travancore), the General Provident Fund (Cochin) and the General Provident Fund (Madras) shall be allowed to exercise option either to continue to subscribe to these funds or to the new fund, such option being communicated in writing to the Account Officer within such period as the Government may by notification prescribe. The balances standing to the credit of the subscribers in any of the existing Funds shall be transferred to the respective accounts to be opened in their names under the new Fund, when they elect to join the new Fund.

Government Decisions

[2][(1) (a) The option once exercised shall be final.

(b) The option in the case of Gazetted Officers shall be intimated to the Accountant General directly, and in the case of Non-Gazetted Officers to the respective Heads of Offices, who will, in turn, forward to the Accountant General a consolidated statement showing the name, designation, Provident Fund Account number and nature of option of each subscriber and make necessary entries in the Service Book of the person concerned.

Rule - [6.

(1)     Subject to the provisions of rule 5 and sub-rule (2) of this rule, the following classes of Government servants whose conditions of service are governed by the rules issued by the Governor, shall join the Fund:][3]

This amendment takes with effect from 1-4-1964.

[4][Provided that any Government servant who has insured his life in the State Life Insurance (Official Branch) will not be required, to join the Fund, if he so desires and if the monthly premium of Insurance does not fall below the minimum rate of subscription for the General Provident Fund (Kerala) prescribed by Government from time to time:

Provided also that if the monthly premium in respect of the State Life Insurance (Official Branch) taken by a Government servant falls below the minimum rate of monthly subscription to the General Provident Fund (Kerala) prescribed by Government from time to time, he will be required to join the General Provident Fund (Kerala) also and the monthly subscription to the General Provident Fund (Kerala) and the monthly premium to the State Life Insurance (Official Branch) together shall not fall below the minimum rate of Provident Fund subscription prescribed by Government from time to lime.]

(a)      All full members of any pensionable service.

(b)      All Probationer's in any service who will be made full members of the service on due completion of their period of probation.

(c)      All temporary, acting and officiating members of any service, other than re-employed pensioners, on completion of one year's continuous service.

(d)      An officer not coming under (a) or (b) or (c) above, but who has been duly admitted to membership under rules or orders heretofore in force.

[5][Note.-l Temporary, acting and officiating members of any service (other than re-employed pensioners and those provisionally appointed initially), who have not completed one year's continuous service may also be admitted to the Fund if they apply for it in writing.]

[6][Note 2.- Aided School Employees who are subscribers to Kerala Aided School Employees Provident Fund, or Kerala Aided School Teachers Provident Fund or Travancore Licensed Teachers Provident Fund or Acceded Secondary School Teachers Provident Fund or Cochin Aided School Teachers Provident Fund and who on resignation join Government Service or who are absorbed in Government service consequent on the surrender of the School, shall become members of the General Provident Fund with effect from the date of their joining Government Service. Aided school employees who had not joined any of the Aided School Provident Fund from the date of completion of one year of continuous service including Aided School Service.

Central Government Employees permanently transferred to pensionable, service under Kerala Government service and who had been subscribers to a Provident Fund maintained by the Central Government shall subscribe to the General Provident Fund from the date of their joining Kerala Government Service:]

Provided that a temporary Government Servant, who is borne on an establishment to which the provisions of the Provident Funds Scheme, 1952 framed under the Employees' Provident Funds and Family Pension Fund Act, 1952 (19 of 1952), 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 actually worked for not less than 240 days during a period of twelve months or less in such establishment.

Explanation:- The period of work for 240 days shall be computed in the manner specified in the Employees' Provident Funds Scheme, 1952, and shall be certified by the employer.

(2)     No officer who 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.

Government Decisions

(1)     All the officials confirmed in service prior to 1-4-1964 and who are required to join the Fund compulsorily with effect from the date of their confirmation, but not admitted to any fund so far, will be admitted to the General Provident Fund (Kerala) with effect from the date of their confirmation and the arrears from that date collected and credited to the General Provident Fund (Kerala).

(G.O. (P) 479/65/Fin. (PF) dated 27-12-1965)

(2)     Those contingent employees who have opted for absorption into regular establishment will be admitted to the General Provident Fund compulsorily from 1-4-1969, unless they apply in writing for admission to the Fund from an earlier date.

(Cir. No. 56/PF/68/Fin. dated 14-8-1968).

Rule - [6A.

The Heads of Offices shall send to the Accounts Officer on the 15th of each month, a statement in duplicate in Form A1 showing particulars of permanent and temporary Government Servants working in their offices who have to subscribe compulsorily to the General Provident Fund. In the case of temporary Government Servants the statement shall be sent three months in advance of the date from which the Government Servants are required to subscribe. In the case of permanent Government Servants who have to subscribe to the Fund from the date appointment, the statement shall be sent in the same month or in the subsequent month. The Accounts Officer shall return one copy of the statement indicating the Account Number allotted to each subscriber. Optional subscribers shall sent individual applications for admission in Form A. The name of Gazetted Officers who have to subscribe compulsorily shall also be included in Form A1.][7]

Nominations

Rule - 7.

[8][x x x x]

Rule - 8.

(1)       (i) Subject to sub-rule (2) below a subscriber shall, at the time of joining the Fund, send to the Account Officer along with his application in Form A, [9][file] a nomination conferring on one or more persons the right to receive the amount that may stand to his credit in the Fund, in the event of his death before that amount has become payable, or having become payable, has not been paid:

Provided that if, at the time of making the nomination, the subscriber has a family, the nomination shall not be in favor of any person or persons other than the members of his family.

[10][Note.- In this rule, unless the context otherwise requires "person" or "persons" shall include a company or institution or association or body of individuals whether incorporated or not.]

(ii) If a subscriber nominates more than one person under sub-rule (1), he shall specify in the nomination the amount or share payable to each of the nominees in such manner as to cover the whole of the amount that may stand to his credit in the Fund at any time.

[11][(iii) Every nomination shall be in the Form set forth in the First Schedule]

(iv) A subscriber may at any time cancel a nomination by sending a notice in writing to the Account Officer:

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

Note.- A subscriber to the Provident Fund may be permitted to change or revise the nomination even after retirement, discharge, etc., but before receiving payment provided the change or revision of the nomination is made and notified in accordance with these rules.

(v) A subscriber may provide in a nomination-

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

Provided that such other person or persons, shall, if the subscriber has other members of his family, be such other member or members. Where the subscriber confers such a right on more than one person under this clause, he shall specify the amount of share payable to each of such persons in such a manner as to cover the whole of the amount payable to the nominee;

(b)      that the nomination shall become invalid in the event of the happening of a contingency specified therein:-

[12][X X X X X]

Provided [13][x x x] that, if, at the time of making the nomination, the subscriber has only one member of the family, he shall provide in the nomination, that the right conferred on the alternate nominee under clause (a), shall become invalid in the event of his subsequently acquiring other member or members in his family.

[14][(v) A. The nomination made by a subscriber who is not married shall become invalid on his getting married.]

(vi) Immediately on the death of a nominee in respect of whom no special provision has been made in the nomination under clause (a) of sub-rule (v) or on the occurrence of any event by reason of which the nomination becomes invalid in pursuance of clause (b) of sub-rule (v) or the proviso thereto, the subscriber shall send to the Account Officer a notice in writing cancelling the nomination, together with a fresh nomination made in accordance with the provisions of this rule.

(vii) Every nomination made, and every notice of cancellation given, by a subscriber shall, to the extent that it is valid, take effect from the date on which it is received by the Account Officer.

(2)       Nomination made in respect of the several accounts under the existing funds referred to in rule 5, in accordance with the rules governing them, shall be treated as nominations made under these rules, provided they are not inconsistent with these rules.

[15][(3) (i) The scrutiny, acceptance and safe custody of nominations regarding non-gazetted Officers shall be the responsibility of the Head of Office concerned as in the case of nominations for Death-cum-Retirement Gratuity. When a nomination is accepted, necessary entries shall be made in the Service Book of the subscriber under the dated signature of the Head of the Office.

(ii) The nominations of Gazetted Officers may be sent to the Accounts Officer for acceptance and safe custody. In the case of promotees from Non-Gazetted Service, the Heads of Offices need transfer the nomination to the Accounts Officer only on their substantive promotion to Gazetted Cadre.]

Subscriber's Account

Rule - 9.

An account shall be prepared in the name of each subscriber and shall show the amount of his subscriptions with interest thereon as prescribed in rule 15, as well as advances and withdrawals from the Fund.

Conditions and Rates of Subscriptions

Rule - 10.

[16][A subscriber shall subscribe monthly to the Fund except during a period of suspension and the last three months of his Service]:

[17][Provided that a subscriber may, at his option, not subscribe during 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 be allowed the option of paying, in a lump or in installments, any sum not exceeding the maximum amount of arrear subscriptions permissible for that period:

[18][Provided also that a subscriber may at any time during the last one year of service immediately preceding the date of his retirement, elect not to subscribe to the fund.]

[19][Note.- A subscriber who has under Rule 31 applied for the closure of his account shall not subscribe to the Fund after such application unless he returns to duty.]

Government Decision

Subscription towards Provident Fund need not be realized from teacher trainees receiving only subsistence allowance during the period of training, except with their consent.

(G.O. (P) 44/66/Fin. (PF) dt. 8-2-1966.

Rule - [10A.

The subscriber shall intimate his election not to subscribe during the leave referred to in the first proviso to Rule 10 and during the last one year of service immediately preceding the date of his retirement referred to in the third proviso to rule 10, in the following manner:-

(a)      If he is an officer who draws his own pay bills, by making no deduction on account of subscription in his first pay bill drawn after preceding on leave OR after electing not to subscribe to the Fund in accordance with the third proviso to rule 10. Intimation in writing shall also be sent to the Treasury Officer and the Accountant General:

OR

(b)      If he is an officer who does not draw his own pay bills, by giving an option statement (in duplicate) to the Head of his office before he proceeds on leave or after electing not to subscribe to the Fund in accordance with the third proviso to rule 10. The Head of the Office shall forward one copy of the statement, duly countersigned to the Accountant General.

(c)      Failure to make due and timely intimation shall be deemed to constitute an election to subscribe.

(d)      The option of a subscriber intimated under these rules shall be final.

Rule - 11.

(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.

[20][(b) It may be any sum, so expressed, not less than 6 per cent of his emoluments and not more than his emoluments.)

Note.- Rounding off of minimum percentage.- If 6 percent of emoluments represents a sum not expressible in whole rupees, the fraction of a rupee will be rounded to the nearest whole rupee, 50ps. counting as the next higher rupee. This amount shall be taken as the minimum limit of subscription.

[21][(2) For the purposes of sub-rule (1), the emoluments of the subscriber shall be as follows:-

(a)      In the case of a subscriber who was in service on the 31st March of the preceding year, the emoluments to which he was entitled on that date:

Provided that-

(i)       if the subscriber was on leave 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 outside the State on the said date or was on leave on the said date and continues to be on leave and has elected to subscribe during such leave, his emoluments shall be the emoluments to which he would have been entitled had he been on duty in the State or had he not been on leave.

(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 day he joins the Fund.]

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

[22][(a) If he was on duty on the 31st March of the preceding year, either through a written request to the Drawing and Disbursing Officer or by indicating the rate of subscription through the salary bill for the month of March of that year payable on first April or thereafter.

(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 that date, either through a written request to the Drawing and Disbursing Officer or by indicating the rate of subscription through the first salaiy bill after his return to duty.

(c)   If during the year, he has entered Government service for the first time or joins the Fund for the first time either through a written request to the Drawing and Disbursing Officer or by indicating the rate of subscription through the salary 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 either through a written request to the Drawing and Disbursing Officer or by indicating the rate of subscription through the salary bill for the month of March payable on first of April or thereafter.

(e)   If he was on foreign service on the 31st March of the preceding year, by the amount credited by him/the foreign employer into the treasury on account of subscription for the month of April in the current year.]

[(4) If the subscriber so desires the amount of subscription so fixed may be,-

[23][(a) reduced once at any time during the course of the year.

(b) enhanced twice during the course of the year.

Note.- When the amount of subscription is reduced as in (a) above, it shall not be less than the minimum prescribed in sub-rule (1).]

This amendment shall be deemed to have come into force with effect from 15th November 1993.][24]

Government Decision

In cases of voluntary enhancement of subscription to the Provident Fund during the course of a financial year, it is not the intention to realize arrears of subscription at the enhanced rates for the previous months. However, in cases where arrears of subscription have been realized inadvertently, there is no objection to admitting them in audit,

(Cir. No. 59/64/Fin. dt. 16-6-1964.)

[25][(5) Notwithstanding anything contained in sub-rule (1), the Government may by order direct that the whole or any part of the arrears of pay or allowances or both payable to subscribers under a scheme or revision of pay or allowances or both implemented with retrospective effect shall be credited to the fund and every subscriber to whom such order applies shall comply with such order.

The amendment hereby made shall be deemed to have come into force with effect from the 5th April, 1974.

Rule - 12.

When a subscriber is transferred to foreign service or sent on deputation outside the State 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.

Realization of Subscription

Rule - 13.

(1)     Subscriptions shall ordinarily be recovered by deductions from pay bills. But a subscriber who is on foreign service or on leave or on deputation outside the State may remit his subscription either in cash through a treasury or by means of demand drafts. The chalan in the case of cash remittance to the Treasury or the Demand Draft shall be sent to the Account Officer together with a schedule showing the details of the remittance.

[26][(2) In the case of a subscriber on deputation to body corporate, the subscription shall be recovered and forward to the Accounts Officer by such body so as to reach him before the 15th of the month.]

[27][(3) The Drawing Officers shall prepare and furnish separate schedules for Accountant Numbers coming under different departmental prefixes though they may be coming under the common pay roll of a particular drawing Officer at a particular time.

Rule - [14.

If an officer fails to subscribe with effect from the date on which he is required to subscribe to the Fund, the total amount due to the Fund on account of arrears of subscription shall forth with 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 in installments or otherwise, as may be directed by the Head of the Office] [28][in the case of non-gazetted officers, by the Heads of Departments in the case of Gazetted Officers and by Government in the case of heads of departments.][29]

Government Decisions

[30][1. (a) A Pass Book in the Form H will be maintained in respect of each subscriber who desires to maintain it for recording his Provident Fund transactions with effect from 1-4-1964, or any later date to be fixed by him.

(b) The Pass Book will be kept under the custody of the subscriber himself.

(c) In respect of a Gazetted Officer, he himself will make the entries in the pass book except that relating to the date of encashment of the bill. The date of encashment will be filled in by the Treasury Officer who will also attest the other entries in the pass book after verification. In the case of non-gazetted officer, the disbursing officer will make the entries in the pass book under his attestation.]

[31][2. The non-gazetted officers drawing their pay on Gazetted Officer's pay bills will themselves make the necessary entries in their Provident Fund Pass Books, such entries being attested by the officers competent to countersign their bills].

[32][3. The Pass Book will be maintained compulsorily by all Provident Fund subscribers in the Police Department with effect from 1-4-1969.]

Interest

Rule - 15.

(1)     Subject to the provisions of sub-rule (5) below interest at such rate as may be fixed by the Government subject to a minimum of 4 per cent shall be annually credited by the Government to the account of each subscriber.

(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 upto to the last day of the month preceding the month of withdrawal;

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

(iv)    The total amount of interest shall be rounded to the nearest whole rupee (fifty paise or more counting as the next highest 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, upto 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 remitted by the subscriber into the Treasury, shall be deemed to be the first day of the month of remittance, if it is remitted into the Treasury before the fifth day of that month, but if it is remitted on or after the fifth day of that month the first day of the next month:

[33][Provided that where there has been a delay in the drawal of pay or leave salary and allowances of a subscriber and consequently the recovery of his subscription towards the Fund is delayed, the interest on such subscriptions shall be payable from the month in which the pay or leave salary of the subscriber was due under the rules, irrespective of the month in which it was actually drawn:]

[34][Provided further that where the emoluments of a month are drawn and disbursed in the same month itself, the date of deposit shall, in the case of recovery of his subscription be deemed to be the first day of the succeeding month.]

This proviso come into force with effect from 1st September 1967.

[35][(4) (i) In addition to any amount to be paid under the rules on final withdrawals, interest thereon upto the end of the month previous to the month in which authorization for payment of Provident Fund balance is issued by the Accountant General (A&E) or the Provident Fund balance is transferred to other Provident Fund, in all cases (viz. retirement, death, resignation, dismissal or removal, transfer/resignation to take up appointment under Central Government/other State Governments/Autonomous Bodies/Public Sector Undertakings under the Central/State Governments/State Government Aided Education Institutions etc.) shall be payable to the person(s) to whom such amount is to be paid:

Provided that the relevant application for closure of the Provident Fund Account or the request for transfer of balance to other Provident Fund is received by the Departmental Authorities or the Accountant General (A&E) within a period of one year from the date necessitating the closure of the Provident Fund Account. In all such cases while forwarding the application for closure/ transfer of balance to the Accountant General (A&E) the Departmental Officer shall intimate the date of receipt of the application by him.

(ii) If the application for closure/transfer of balance to other Provident Fund is received by the Departmental Officer/Accountant General (A&E) after the period of one year stipulated above, interest shall be admissible only upto a period of one year from the crucial date necessitating the closure of the account.

Note:-

(1)     If a subscriber holding a post in an officiating or temporary capacity exercise on the termination of his post, the option allowed by Rule 30 of leaving in the Fund the amount accumulated to his credit, interest shall be allowed on that amount upto the date on which the subscriber subsequently obtains reemployment under Government.

(2)     If the application for closure/transfer of balance is received by the Accountant General (A&E) or the Departmental Officer after a period of one year from the date of retirement etc., payment of interest on the Fund balance beyond a period of one year as per Item (1) of sub-rule (4) or Rule 15 upto the end of the month previous to the month in which authorization for payment of Provident Fund balance is issued or the Provident Fund balance is transferred to other Provident Fund, may be authorized by the Senior Deputy Accountant General/Deputy Accountant General in charge of the Funds Group after he/ she is personally satisfied that the delay in submitting the application by the subscriber/claimants was due to circumstances beyond the control of the subscriber/claimants. In such cases the administrative delay involved in the matter shall be fully investigated/caused to be investigated by the Departmental Authorities and action, if any, required taken or caused to be taken by the Departmental Authorities.

(5)   Interest shall not be credited to the account of a subscriber if he informs the Account Officer that he does not wish to receive it; but if he subsequently asks for interest, it shall be credited with effect from the first day of the year in which he asks for it, or if he had joined the Fund during the year from the date of his joining the Fund.

Notes.- As per G.O. (Ms) 256/63/Fin., dated 16-5-1963 it was ordered that the Government of India rates of interest of General Provident Fund (Central Service) deposits from time to time would be adopted by the State Government for all types Provident Funds administered by the Government.

Accordingly Government have varied the rates of interest of Provident Fund deposits for the different years as follows:-

Incentive Bonus Scheme

Rule - [15A.

Incentive bonus at the rate of one percent on the entire balance at the credit of a subscriber shall be credited annually by the Government to the account of each subscriber, who has not withdrawn any amount from his/her account during the preceding three years, on the last day of each year, in the following manner

(1)     (i) The balance on which this bonus is to be calculated shall be the balance on the last day of the last year of the three years period after crediting interest for the said last year.

(ii) The term "withdrawal" means both refundable and non-refundable withdrawals. Withdrawals for financing insurance policies will not make subscribers ineligible for this benefit.

(iii) The bonus so calculated will be rounded to the nearest whole rupee (fifty paise and above counting as the next higher rupee). This will be credited to the account of the subscriber in addition to the interest on the Provident Fund balances.

(iv) The bonus will be admissible when a subscriber has been subscribing to the fund during the proceeding three years except where the rules permit temporary suspension of subscription for a short period e.g. while on leave or under suspension and also on stoppage of subscription during the last one year of service by option under the third proviso to Rule 10, even if final withdrawal of the Provident Fund accumulations is not applied for under Rule 30 (c).

(v) The year for the purpose of calculating bonus will mean financial year. But if a subscriber joins the fund or quits service in the middle of a year, the year of joining the fund and the year of quitting service will be deemed to be full year.

(vi) In the case of a subscriber who voluntarily ceases to subscribe to the Fund during the last one year of service under the third proviso to Rule 10 of these Rules, the date of closure of account or the date of retirement whichever is earlier will be taken for the purpose of granting the bonus. If it falls in the middle of a financial year that year will be deemed to be a full year.

(2)     This scheme shall be discontinued w.e.f. 1-4-1986.][36]

Advance from the Fond

Rule - 16.

(1)     A 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 by Government from time to time by general or special order 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 - Provided that the conditions of actual dependence shall not apply in the case of son or daughter of the subscriber:-

[37][Note.- For sanctioning advance, no certificate of documentary evidence shall be required. It shall suffice if the subscriber gives sufficient details.]

[38][(i) to pay expenses in connection with prolonged illness to the applicant] [39][and members of his family or any person actually dependent on him, or to repay any outstanding amount on account of a loan expressly taken for this purpose.]

Note.- An advance is permissible to meet the expenses on account of 'confinement' (1) in cases necessitating prolonged medical attention, prolonged stay in a hospital or protracted treatment and (2) in other circumstances involving expenditure disproportionate to the subscriber's income.

(ii)   to pay for the overseas passage for reasons of health or education of the subscriber [40][and members of his family] or of any person actually dependent on him, and also to meet the cost of education of the subscriber or of any person actually dependent on him, outside India, whether for an academic, technical, professional or vocational courses; or in India for medical, engineering or other technical or specialized courses beyond the High School stage, provided that the course of study is for not less than three years.

Government Decision No.1

[41][Temporary advances in the case of Heads of Departments irrespective of the amount involved will be sanctioned by the Secretary to Government in the concerned Administrative department of the Secretariat. If the withdrawals involve relaxation of rules or standing orders, concurrence of the Finance Department shall be obtained.]

Government Decision No.2

The courses of study in India detailed below shall be treated as technical in nature provided the course is of not less than 3 years' duration and is beyond High School stage.

(a)      Diploma courses in the various fields of Engineering and Technology, e.g. Civil Engineering, Mechanical Engineering, Electrical Engineering, Tele-Communication/Radio Engineering, Metallurgy, Automobile Engineering, Textile Technology, Leather Technology, Printing Technology, Chemical Technology, etc. etc., conducted by recognized technical institutions.

(b)      Degree courses in the various fields of Engineering and Technology, e.g., Civil Engineering, Mechanical Engineering, Electrical Engineering, Tele-Electrical Communication Engineering and Electronics, Mining Engineering, Metallurgy, Aeronautical Engineering, Chemical Engineering, Chemical Technology, Textile Technology, Leather Technology, Pharmacy, Ceramics etc. etc., conducted by Universities and recognized technical institutions.

(c)      Post-Graduate Courses in the various fields of Engineering and Technology conducted by the Universities and recognized institutions.

(d)      Degree and Diploma Courses in Architecture, Town planning and allied fields conducted by recognized institutions.

(e)      Diploma and Certificate Courses in Commerce conducted by recognized institutions.

(f)       Diploma Courses in the Management conducted by recognized institutions.

(g)      Degree Courses in Agriculture, Veterinary Science and allied subjects conducted by recognized Universities and institutions.

(h)     Courses conducted by Junior Technical Schools.

(i)       Courses conducted by Industrial Training Institutes under the Ministry of Labor and Employment (D.G.E. & T.)

(j)       Degree and Diploma courses in Art/Applied Art and allied subjects conducted by recognized institutions.

(k)      Draftsmanship courses by recognized institutions.

(l)       Medical Courses.

[42][(m) B.Sc. (Home Science) Course of three years' duration.]

(iii)   To pay obligatory expenses on a scale appropriate to the subscriber s status in connection with marriages, funerals or ceremonies which by the religious or social customs of the applicant it is incumbent on him to perform, or to repay any outstanding amount on account of a loan expressly taken for this purpose.

Note.- Temporary advance from Provident Fund credits of a subscriber may be granted to meet expenses in connection with the marriage and other ceremonies of the subscriber himself.

(iv)   To pay for the cost of legal proceedings instituted by the subscriber for vindicating his position in regard to any allegations made against him in respect of any act done or purporting to be done by him in the discharge of his official duties, the advance in this case being available in addition to any advance admissible for the same purpose from any other Government source, provided that the advance under this rule shall not be admissible to a subscriber who institutes legal proceedings in any Court of law either In respect of any matter unconnected with his official duty or against Government in respect of any condition of service or penalty Imposed on him;

(v)   To pay for the cost of the subscriber's defense where he is prosecuted by the Government in any Court of law or when the subscriber engages a legal practitioner to defend himself in an enquiry in respect of any alleged misconduct on his part, and

[43][(vi) To pay for the cost of general education of subscriber or of any child of his son in India beyond the high school stage for University degrees like B.A., B.Sc., LL.B., M.A., M.Sc., etc.]

[44][(vii) To purchase consumer durables such as Television, Video Cassette Player/Recorder, Washing Machine, Cooking Range, Geysers, Computers etc.].

Note 1.- The amount of temporary advances admissible for purposes of sub-rules (iv) and (v) above shall notwithstanding any other provision to the contrary in these rules, not exceed three month's pay or Rs. 500 whichever is greater and shall in no case exceed half the amount at the credit of the subscriber.

Note 2.- A temporary advance may be granted to a subscriber who is under suspension provided he agrees in writing to the recovery of the advance being made in monthly installments from the subsistence allowance sanctioned to him.

[45][Note 3.- In the case of Judges of the High Court of Kerala elevated from service, the authority competent to sanction temporary advance shall be the Chief Justice of Kerala.]

This amendment shall deemed to have come into force with effect from 7-1- 1984

(b)      [x x x x] Deleted

Government Decision

The power to sanction temporary advances from Provident Fund in relaxation of rules under Rule 35 of the General Provident Fund (Kerala) Rules vests with Government in the concerned Administrative Department with the concurrence of the Finance Department.

(c)      The sanctioning authority shall record in writing its reasons for granting the advance.

(d)      An advance shall not, except for special reasons to be recorded in writing be granted-

(1)     in excess of three months' pay or half the amount at credit of the subscriber in the Fund, whichever is less:

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

Note.- For the purpose of this rule, pay includes dearness pay, where admissible.

[46][(e) In case a subscriber is found to have drawn from the fund an amount in excess of the amount standing to his credit on the date of the drawal, the overdrawn amount shall be repaid by him in lump at the earliest with penal interest at 2% per annum in addition to the interest rate prescribed for Provident Fund, irrespective of whether the overdrawal occurred in the course of an advance or a withdrawal or the final payment from the fund. The interest realized on the amount overdrawn shall be credited to Government account under the sub head "9. Interest on overdrawals from Provident Fund" under the head "049. Interest Receipts D. Interest Receipts of State/Union Territory Government (h) Other Receipts".]

(2)     The sanctioning authority shall not, under any circumstances, grant to a subscriber from the Fund-

(i)       [47][an advance during the last 3 months of service or the month in which he proceeds on leave preparatory to retirement from service on superannuation;]

(ii)      an advance unless a period of [48][six months] had elapsed after the grant of a previous advance;

(iii)     An advance during the last one year of service, immediately preceding the date of retirement, to a subscriber who has elected not to subscribe to the Fund during the said period in accordance with the third proviso to rule 10;

(iv)    An advance sectioned from Provident Fund shall not result in a position whereby the amount of advance outstanding repayment, if any, plus the advance proposed to be sanctioned is more than [49][300 per cent] of the balance amount at the subscriber’s credit with the Government after disbursing the advance to be sanctioned.

Ruling

The Sanctioning Authority should strictly follow the provisions in this sub-rule in the matter of granting temporary advances from the General Provident Fund. If in any case the advance happens to be granted irregularly and for that reason refunded in lump immediately in the month In which it is drawn, such advance will be treated as not drawn for the purposes of reckoning six months specified in the rule for the grant of the next advance and that in all other cases such irregular drawals should be taken into account in reckoning the period of 6 months.

(3)     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.

(4)     The amount of the advance should be a sum expressed in whole rupees and the monthly installments of payments should also be in equal number of whole rupees the advances applied for being raised or reduced if necessary to enable the installments to be thus fixed.

Government Decisions

(1)     A temporary advance is admissible after a period of four months (and within a period of six months) only when the previous advance sanctioned to the subscriber is a non-refundable withdrawal for the same purpose.

(Cir. No. 26/68/PF/Fin, dt. 27-4-1968.)

(2)     A copy of the sanction for temporary advances from the Provident Fund should be sent to the Controller of Accounts as and when they are accorded and another copy of the sanction should be attached with the bills when presented to the Treasury.

(Cir. No. 18/68/Fin. (PF) dt. 3-4-1968.)

(3)     All applications for advance should be supported by the latest annual account slip issued by the Controller of Accounts. Advances both temporary and non-refundable sanctioned already should be taken into account before sanctioning a fresh advance. In the absence of the above account slip the accounts kept by the Controlling Officers or the Provident Fund Pass Books of the Subscribers, as reconciled from time to time with the accounts maintained by the Accountant General, may be relied on for determining the actual amount at credit.

(Cir. No. 73/69/PF/Fin. dt. 7-8-1969.)

(4)     Any amount drawn in excess of the maximum temporary advance admissible should be got refunded in lump at the earliest with penal interest at 2% per annum in addition to the interest rate prescribed for Provident Fund.

(Cir. No. 73/69/Fin. (PF) dt. 7-8-1969.)

Rule - 17.

(1)     An advance shall be recovered from the subscriber in such number of equal monthly installments as the sanctioning authority may direct; but such number shall not be less than twelve unless the subscriber so elects, or in any case not more than twenty-four. In special cases, where the amount of advance exceeds 3 months' pay of the subscriber under sub-rule (i) of clause (d) of rule 16(i), the sanctioning authority may fix such number of installments to be more than twenty-four but in no case more than thirty six. A subscriber may, at his option, repay two or more installments in a month.

[50][(2) Recovery shall be made in the manner prescribed in rules 13 and 14 for the realization of subscriptions and shall commence with the issue of pay for the month following the month in which the advance was withdrawn. Recovery shall not be made, except with the subscriber's consent. [51][while he is on leave, which either does not carry any leave salary or carries leave salary equal to or less than half pay or half average pay or in receipt of subsistence allowance, 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].

[52][(3) When an advance is sanctioned under sub-rule (1) of rule 16 before repayment of last installment of any previous advance is completed, the balance of any previous advance not recovered shall be added to the advance so sanctioned and the installments for recovery shall be fixed with reference to the consolidated amount.]

[53][(4) [x x x x]

(5)   If an advance has been granted to a subscriber and drawn by him and the advance is subsequently disallowed before re-payment is completed, the whole or balance of the amount withdrawn, shall with interest at the rate provided in rule 15, forthwith be repaid by the subscriber to the Fund, or in default, be ordered by the Account Officer to be recovered by deductions from the -emoluments of the subscriber in a lump sum or in monthly installments not exceeding twelve as may be directed by the head of office in the case of non-gazetted officers, by the head of departments in the case of Gazetted Officers, and by Government in the case of Heads of Departments:

Provided that 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.

[54][(7) Recoveries towards temporary advance previously granted and outstanding, will not be made during the last three months of service. In the case of subscribers who have elected not to subscribe to the fund during the last one year of service immediately preceding the date of retirement, recoveries towards temporary advance previously sanctioned and outstanding will not be made during the said period.]

Payments Towards Insurance Policies

Rule - 18.

Subject to the conditions hereinafter contained in these rules-

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

(b)      the amount 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 life insurance policy:

Provided that no amount shall be withdrawn : (1) before the details of the proposed policy have been submitted to the Account 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.

The Account Officer shall, before accepting as suitable the details of the proposed policy, satisfy himself that the policy is taken out mainly for the benefit of the subscriber's family and shall refuse to accept a policy which does not fulfill this condition:

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

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

Government Decision

The due date for the purpose of payment of the premium would be inclusive of the grace period allowed by the Life Insurance Corporation].

(Cir. No. 39/64/Fin. (PF) dt. 2-5-1964.)

Rule - 19.

(1)     The number of policies in respect of which substitution for subscriptions due to the Fund or withdrawal of subscriptions from the Fund may be permitted under rule 18 shall not exceed four:

Provided that where immediately before the date on which these rules come into force substitution for subscriptions due to the Fund or withdrawal of subscriptions from the Fund, is permitted in respect of more than four policies, such substitution or withdrawal shall continue to be permitted in respect of those policies.

Explanation:- In computing the maximum number of policies specified in this rule, policies which have matured shall be excluded.

(2)     The premium for a policy [including any policy referred to in the proviso to sub-rule (1)] in respect of which withdrawal of subscriptions from the Fund may be permitted under rule 18, shall not be payable otherwise than annually.

Rule - 20.

(1)     If the total amount of any subscriptions or payments substituted under clause (a) of rule 18 is less than the amount of the minimum subscription payable to the Fund, the difference shall be rounded to the nearest rupee in the manner provided in clause (iv) of sub-rule (2) of rule 15 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) of rule 18 he shall, subject to his option under clause (a) of that rule, continue to pay to the Fund the subscription payable under rule 11.

[55][x x x x]

Rule - 21.

(1)     A subscriber who desires to substitute a subscription or payment under clause (a) of rule 18 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; and

(b)      send to the Account Officer, within such period as the Account Officer may require, receipts or certified copies of receipts in order to satisfy the Account Officer that the amount by which the subscription has been reduced was duly applied for the purposes specified in clause (a) of rule 18.

(2)     A subscriber who desires to withdraw any amount under clause (b) of rule 18 shall-

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

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

(c)      send to the Account Officer, within such period as the Account Officer may require, receipts or certified copies of receipts in order to satisfy the Account Officer that the amount withdrawn was duly applied for the purposes specified in clause (b) of rule 18.

(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) together with interest thereon at the rate determined under rule 15 in respect of the year in which the payments should have been made from the emoluments of the subscriber and place it to the credit of the subscriber in the Fund.

Rule - 22.

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

Explanation 1:- A policy on the joint lives of the subscriber and the subscriber's wife or husband shall be deemed to be a policy on the life of the subscriber for the purpose of the 5 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.

(2)     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.

Rule - 23.

(1)     The policy, within three months after the first withholding of a subscription or withdrawal from the Fund in respect of the policy, 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 any of them, be assigned to the Governor as security for the payment of any sum which may become payable to the Fund under rule 26 (a) and delivered to the Account Officer, the assignment being made by endorsement on the policy in Form I or Form II or Form III 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 has previously been assigned to the subscriber's 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 the wife and children or any of them, be delivered to the Account Officer.

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

(3)     Once a policy has been accepted by the 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 alternation 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, any amount withheld or withdrawn from the Fund in respect of the policy shall, with interest thereon at the rate provided in rule 15 forthwith be paid or repaid, as the case may be, by the subscriber to the Fund, or, in case of default be ordered by the Account Officer to be recovered by deduction from the emoluments of the subscriber by installments or otherwise as may be directed by the Head of the Department.

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

Note 1.- In cases where an employee in a medical or educational institution under a local body who is a subscriber to the Provident Fund established and maintained by it, is permanently transferred to pensionable service under Government on account of such institution being taken over by Government and his policy of life assurance has been re-assigned to him on such transfer, he shall assign the same to the Governor.

Note 2.- The subscriber shall not during the currency of the policy draw any bonus the drawal of which during such currency is optional under the terms of the policy, and the amount of any bonus which under the terms of the policy the subscriber has no option to refrain from drawing during its currency shall be paid forthwith into the Fund by the subscriber or in case of default be ordered by the Account Officer to be recovered by deduction from the emoluments of the subscriber, by installments or otherwise, as may be directed by the authority competent to sanction an advance for the grant of which special reasons are required.

Rule - [23A.

If a subscriber to any other Fund financing his insurance policy/policies under the rules of that Fund comes over to the General Provident Fund (Kerala) by option or otherwise and intends to finance that policy/those policies under the rules of the latter Fund, he shall, on re-assignment of the policy/policies by the Account Officer concerned in the form prescribed in the Fourth Schedule to the General provident Fund (Kerala) Rules, make within a period of three months of the re-assignment, a fresh assignment of the policies in the appropriate Form prescribed in the Second Schedule to the General Provident Fund (Kerala) Rules).][56]

Rule - 24.

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

(a)      quits the service; or

(b)      has proceeded on leave preparatory to retirement or if he is employed in a Vacation Department, on leave preparatory to retirement combined with vacation, and applies to the Account Officer for reassignment 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 rule 18 with interest thereon at the rate provided in rule 15, the Account Officer shall, for and on behalf of the Governor.

(i)       if the policy has been assigned to the Governor under Rule 23 or under the corresponding rule heretofore in force re-assign the policy in Form I of the Forms 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 re-assignment addressed to the Life Insurance Corporation; or

(ii)      if the policy has been delivered to him under clause (b) of sub-rule (1) of rule 23 make over the policy to the subscriber.

(2)     Save as provided by rule 26 (b) when the subscriber dies before quitting the service, the Account Officer shall deal with the policy as indicated below:-

(a)      If there is a beneficiary and if the beneficiary be the same as the person entitled to his Provident Fund, the Account Officer shall for and on behalf of the Governor reassign the policy to the beneficiary in Form No. II in the Third Schedule.

(b)      If there is a beneficiary who is different from the person entitled to the Provident Fund, the Account Officer shall draw the amount from the Life Insurance Corporation and recoup to the Provident Fund such amount as has been withdrawn for payment of premia together with interest as calculated under rule 15 and pay the balance if any, to the beneficiary.

(c)      If there is no beneficiary the Account officer shall draw the amount from the Life Insurance Corporation and credit to the Provident Fund Account of the subscriber and dispose it of as follows:-

From the amount so realized, so much of the amount as has been withdrawn from his Provident Fund amount for the payment of premia with interest as calculated under rule 15 shall be paid to the person or persons entitled for his Provident Fund amounts. The balance if any will form part of the estate of the deceased and shall be paid to his heirs according to law, provided it is free from attachment by a Court of Law.

Government Decision

The General Provident Fund (Kerala) Rules require that a policy which has been assigned to Government should be re-assigned to the subscriber or beneficiary. No difficulty arises in a case in which a subscriber and his wife are jointly assured or where they have a joint interest in the policy, and the husband and the wife are joint assigners as the survivor in such cases as the surviving co-assigner, is legally entitled to have the policy re-assigned to him or her. In all other cases, however, where the subscriber dies in service the problem arises as to who is legally entitled to re-assignment. Though it is open to Government under the rules to re-assignment the policy to whatsoever person it considers legally entitled to receive it, without probate or letters of administration or succession certificate, they follow this procedure entirely at their own risk as there is always the possibility that persons may later come forward as persons rightfully entitled to the proceeds of the policy and seek to fasten liability on Government for re-assigning it to a wrongful claimant. To be on the safe said therefore, it is essential the Government should satisfy themselves in all cases that the person to whom they re-assign the policy is the person who is legally entitled to receive it and this can be achieved only on production of letters of administration, probate or succession certificate. This requirement, however, has given rise to some degree of inconvenience as production of legal representation involves the expenditure of an appreciable sum of money which in many cases may be out of all proportion to the balances standing to the credit of a deceased subscriber. To minimize the degree of inconvenience, therefore, it has been decided that where the amount Is small and the claimant is the widow or a child of the subscriber and where there is other evidence to show that she is the heir to the estate, such as the fact that the rest of the estate and the Provident Fund money have gone to her and her children, the policy can safely be handed back to the widow without a formal deed of reassignment. The above procedure should normally be followed in all cases when the amount of policy does not exceed Rs. 5,000. This limit of Rs. 5000 should be applied to each individual policy when more than one policy was financed from the General Provident Fund. If the amount assured exceeds the amount, specific orders of Government should be taken. A letter would then be addressed to the Insurance Company stating the Government has no further claims against the policy and the company left to decide whether or not they should pay to the person who produces the policy on the evidence before them or on the production of legal proof of succession. Such a procedure has been criticized as in conflict with the statutory rules which require a formal re-assignment. On the other hand, if the person who appears to be legally entitled to the policy is prepared to accept the policy without formal deed of re-assignment, Government cannot very well insist on a formal re-assignment particularly as the claimant would thereby be committed to the expenditure, of an appreciable sum of money. If however, an Insurance Company were to insist on a re-assignment of such a policy to the person legally entitled to receive it there would be no other alternative but to request the party claiming the policy, to produce legal representation and on this being done to re-assign the policy to such person.)

(Circular No. 74/68/(PF) Fin. dt. 8-11-1983.)

Rule - 25.

(1)     If a policy assigned to the Governor under rule 23 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 rule 23 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 (b) proceed as follows:-

(i)       If the amount assured is greater than the whole of the amount withheld or withdrawn from the fund in respect of the policy with interest, the Account Officer shall for and on behalf of the Governor, 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 make it over to the subscriber, who shall immediately on receipt of the policy moneys from the Life Insurance Corporation pay or repay to the Fund the whole of any amount with held or withdrawn with interest, and in case of default, the provisions of sub-rule (4) of rule 23 applicable to a failure to assign and deliver a policy shall apply;

(ii)      If the amount assured is less than the whole of the amount with held or withdrawn with interest, the Account Officer shall realize the amount assured together with any such bonuses and shall place the amount so realized to the credit of the subscriber in the Fund.

(2)     Save as provided by rule 26 (b) if a policy delivered to the Account Officer under clause (b) of sub-rule (1) of rule 23 matures before the subscriber quits the service, the Account Officer shall make over the policy to the subscriber:

[57][Note.- In the case of a subscriber who under the third proviso to rule 10 voluntarily ceased to subscribe to the fund and under sub-rule (c) of rule 30 applied for final withdrawal of his accumulations in the fund, the date for closing of the General Provident Fund account shall be taken as the date of retirement for the sole purpose of re-assignment of the Life Insurance Corporation Policies under rule 24 and 25.

Provided that if the interest in the policy of the wife of the subscriber, or of his wife and children, or any of them, as expressed on the face of the policy, expires when the policy matures, the subscriber, if the policy moneys are paid to him by the Life Insurance Corporation 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 15, or

(ii)      an amount equal to the amount assured together with the amounts of any bonuses which have accrued, whichever is less, and, in case of default, the provisions of sub-rule (4) of rule 23 applicable to a failure to assign and deliver a policy shall apply.

Rule - 26.

(a)      If the policy lapses, or is assigned otherwise than to the Governor under rule 23 or is charged or encumbered, the provisions of sub-rule (4) of rule 23 applicable to a failure to assign and deliver a policy shall apply.

(b)      If the Account Officer receives notice of-

(a)      an assignment (other than an assignment to the Governor under rule 23) of, or

(b)      a charge or encumbrance on, or

(c)      an order of a Court restraining dealings with the policy or any amount realized thereon, the Account Officer shall not, for and on behalf of the Governor

(i)       re-assign or make over the policy as provided in rule 24, or

(ii)      realize the amount assured by the policy or re-assign or make over the policy, as provided in rule 25 but shall forthwith refer the matter to Government.

Government Decision

The following procedure will be adopted for the disposal of the Life Insurance Policies financed from the Provident Fund Accounts of the subscribers who died and in whose cases no legal heir(s)/claimants) has/have come forward to claim the amount:-

After the expiry of two years from the date of death of the subscriber, the Account Officer shall issue a public notice through the leading dailies of the region where the subscriber last served or the place where his death had occurred, asking the legal heirs(s)/claimant(s), if any, to submit his/their claims within a period of three months from the date of issue of the said notice. If no claim is received within the said period, the Account Officer shall realize the proceeds of the policy and credit the same to the Provident Fund Account of the deceased subscriber, the subsequent disposal of the amount being regulated in accordance with the rules on the subject.

Restriction of the Provisions relating to Financing of Policies to Existing subscribers in respect of Existing Policies

Rule - 27.

The provisions of rules 18 to 26 shall apply only to subscribers who, before the date of publication of these rules, have been substituting the whole or in part, payments towards policies of life insurance for subscriptions to the Fund or making withdrawals from the Fund for such payments:

Provided that such subscribers shall not be permitted to substitute such payments for subscriptions due to the Fund or to withdraw from the Fund for making such payments in respect of any new policy.

Non-Refundable withdrawals

Rule - 28.

(A)     (1) Subject to the conditions specified herein, non refundable withdrawals from the amount standing to the credit of a subscriber in the Fund may be sanctioned by an authority competent to sanction an advance for special reasons under clause (d) of sub-rule (1) of rule 16, at any time-

(I)      After the completion of [58][fifteen] years of service (including broken periods of service, if any) of the subscriber or within ten years of the date of, his attainment of the age of superannuation [59][except during the last three months of his service] or proceeds on leave preparatory to retirement from service on superannuation, for one or more of the following purposes, namely:-

(a)      meeting the cost of higher education, including, where necessary, the travelling expenses of any child of the subscriber, and if he has no child, of any other relative actually dependent on him in the following cases, namely:-

(i)       for education outside India for academic, technical, professional or vocational course beyond the High School state, and

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

Government Decisions

The courses of study detailed below shall be treated as technical in nature provided the course is not less than 3 years duration and is beyond High School stage.

(a)      Diploma courses in the various fields of Engineering and Technology e.g., Civil Engineering, Mechanical Engineering, Electrical Engineering, Tele-Communication/Radio Engineering, Metallurgy, Automobile Engineering, Textile Technology, Leather Technology, Printing Technology, Chemical Technology, etc., etc., conducted by recognized technical institutions.

(b)      Degree courses in the various fields of Engineering and Technology e.g., Civil Engineering, Mechanical Engineering, Electrical Engineering, Tele-Electrical Communication Engineering and Electronics, Mining Engineering, Metallurgy, Aeronautical Engineering, Chemical Engineering, Chemical Technology, Textile Technology, Leather Technology, Pharmacy, Ceramics etc., etc., conducted by Universities and recognized technical institutions.

[60][(c) Post-Graduate Courses in the various fields of Engineering, Technology, Medical, Para-medical, Agriculture, Veterinary Science, Business Administration, etc. after degree course of three or more year's duration conducted by various Universities and recognized institutions provided that the duration of the Post Graduate Course is not less than two years.]

(d)   Degree and Diploma courses in Architecture, Town Planning and allied fields conducted by recognized institutions.

(e)   Diploma and Certificate Courses in Commerce conducted by recognized institutions.

(f)    Diploma courses in the Management conducted by recognized institutions.

(g)   Degree courses in Agriculture, Veterinary Science and allied subjects conducted by recognized Universities and institutions.

(h)   Courses conducted by Junior Technical Schools.

(i)    Courses conducted by Industrial Training Institutes under the Ministry of Labor and Employment (D.G.E. &T.)

(j)    Degree and Diploma courses in Art/Applied Art and allied subjects conducted by recognized institutions.

[61][Note.- The courses of studies referred to in the above item are those relating to fine arts or applied art etc., and are of a technical or specialized nature and not that of general education course like B.A., B.Sc., M.A, M.Sc., etc.]

(k) Draftsmanship courses by recognized institutions.

(l) Medical Courses.

[62][(m) B.Sc. (Home Science) course of 3 years duration.

[63][(n) B.Sc. (Nursing) Course.]

(b)      meeting the expenditure in connection with the marriage of a son or daughter of the subscriber, and if he has no daughter, of any other female relative dependent on him, or repaying any outstanding amount on account of a loan expressly taken for this purpose;

(c)      meeting the expenditure in connection with the illness, including, where necessary, the travelling expenses of the subscriber and members of his family or any person actually dependent on him, or repaying any outstanding amount on account of a loan expressly taken for this purpose;

(d)      purchasing a house site in the name (s) of the subscriber and/or his wife or repaying any outstanding amount on account of a loan expressly taken for this purpose from Government or any other source before the date of application for the withdrawal:

Provided that the house to be constructed on the site so purchased is for the actual residence of the subscriber and/or his family.

(e)      building a suitable house on a site owned or acquired by the subscriber and/or his wife with or without any assistance from the Provident Fund, or acquiring a house together with site in the name (s) of the subscriber and/or his wife, or repaying any outstanding amount on account of a loan expressly taken by the subscriber and/or his wife from the Government or any other source for any of these purposes before the date of application for withdrawal:

Provided that the house is for the actual residence of the subscriber and/or his family; and

(f)       making additions or alterations to, or reconstructing or completing, or repairing a house owned or acquired by the subscriber and/or his wife with or without any assistance from the Provident Fund, or repaying any outstanding amount on account of a loan expressly taken by the subscriber and/or his wife from the Government or any other source for any of the said purposes before the date of application for the withdrawal:

Provided that the house is for the actual residence of the subscriber and/or his family.

Note.- In respect of a female subscriber, the words 'his' and 'wife' occurring in clauses (d), (e) and (f) shall be read as 'her' and 'husband' respectively.

[64][(g) meeting the cost of consumer durables such as Television, Video Cassette Player/Recorder, Washing Machine, Cooking Range, Geysers, Computers etc.]

Government Decisions

(1)     "Military Service and War Service which are reckoned for the purpose of pension" will count for the calculation of 20 (twenty) years service under this sub-rule for permitting non-refundable withdrawals from the Fund.

(2)     (a) Only one non-refundable withdrawal can be allowed for the same purpose. In this context the marriage/education of different sons/daughters/ relatives actually dependent on the subscriber and the illness of the subscriber or dependent on different occasions will not be treated as the same purpose. Regarding educational expenses, a withdrawal will be permitted for meeting the expenses for each year of education (of the kind mentioned in the Provident Fund Rules). Similarly a further non-refundable withdrawal can be allowed for a second or subsequent marriage of the same son or daughter or relative actually dependent on the subscriber. In the case of marriage, the amount should not be drawn earlier than three months of the date of marriage and if for any reason the marriage is postponed beyond 3 months from the date of drawal of the amount, it should be refunded. In such cases a fresh withdrawal can be allowed when the need actually arises.

(b) When a non-refundable withdrawal is sanctioned for medical treatment of the same person within six months of the previous sanction, it should be specified in the sanction that the non-refundable withdrawal is for illness on a different occasion.

(c) In respect of the grant of non-refundable withdrawals for purchasing house site or house together with site, if the payment is required in installments through House Building Co-operative Societies or similar agencies, a subscriber shall be permitted to make non-refundable withdrawals as and when he is called upon to pay installment and each call for payment of installment will be treated as a different purpose.

(d) A temporary advance/non-refundable withdrawal should not be granted when a previous non-refundable withdrawal/temporary advance was granted for the same purpose, within a period of four months. Further the temporary advance which is subsequently converted into a non-refundable withdrawal should be treated as a non-refundable withdrawal and in such cases another non-refundable withdrawal should not be granted for the same purpose.

(3)     The various purposes specified in sub-clause (f) shall be treated as the same purpose for the grant of non-refundable withdrawal in terms of G.O. (P) No. 328/67/Fin. (PF) dated 1-8-1967.

[65](4) [x x x x]

[66][(5) The cost of electrification and sanitary arrangements, etc., shall be treated as part of the expenditure for building a suitable house}.

[67][(6) In the case of a subscriber under suspension, his period of suspension will also be taken into account for purpose of reckoning the minimum service of 20 years.]

[68][(7) Procedure for sanction of temporary advances and non-refundable withdrawals to employees on deputation to foreign service.-

(i)       In the case of the Gazetted Officers on deputation to foreign service within the State as well as outside the State temporary advances and non- refundable withdrawals from the Provident Fund will be sanctioned by the Authority competent to sanction such advances and withdrawals under the rules of the Fund, to the Gazetted Officers in the Department/Establishment to which he was attached at the time of proceeding on foreign service. If the deputation is within the State, the nearest Treasury Officer will be authorized by the Account Officer to pay the amount to the subscriber. A Copy of the authorization will be endorsed to the subscriber who should present the bill at that treasury for payment. If the deputation is outside the State the Account Officer of the State in which the payment is to be made will be authorized by the Account Officer of the State in which the payment is to be made will be authorized by the Account Officer of this State to arrange payment.

(ii)      In respect of the non-gazetted officers, the temporary advance and non-refundable withdrawals will be sanctioned by the authority competent so sanction advances and withdrawals under the rules of the Fund. In the Department/Establishment to which the non-gazetted officer was attached at the time of proceeding on foreign service, whether the deputation is within or outside the State.

(iii)     The amount in such cases will be drawn and remitted by the Head of the Office, to which he was attached at the time of proceeding on foreign service, both in cases of deputation within or outside the State, the cost of remittance being borne by the subscriber.

(iv)    The procedure regarding the drawal of the temporary advances and non-refundable withdrawals detailed above will also be followed for the drawal of the amount required for financing Insurance Policies from Provident Fund of the employees on deputation to foreign service.]

[69][(v) In cases where the above procedure for drawal of advances causes delay and hardship in respect of Gazetted and Non-Gazetted Officers on deputation to Central Government outside the State, the Government may delegate powers to sanction advances/withdrawals to the appropriate authority in the Central Government. Such requests from appropriate authority shall be considered on merits and specific orders of delegation of powers to sanction advances/withdrawals shall be issued.]

[70][(8). The previous pensionable service of an officer under Government of India/ Other State Governments will be reckoned for computing 20 years of service for the purpose of NRA withdrawal if his Provident Fund contribution and the interest thereon during his prior service has been transferred and credited to the General Provident Fund of the State Government of Kerala.]

(II)     After the completion of twenty-five years of service (including broken periods of service, if any) of a subscriber or within three years before the date of his retirement on superannuation, whichever is earlier, from the amount standing to his credit in the Fund, for any of the following purposes namely:-

Purchasing a motor car for his own use or repaying any outstanding amount on account of a Government loan expressly taken for this purpose before the date of application for the withdrawal:

Provided that the subscriber draws, on the date of application, a pay (as defined in rule 12 (23), Part I, K.S.R.) of not less than Rs.550 per mensem:

Provided also that the amount of withdrawal shall in no case exceed the actual cost of the car or the balance outstanding against the loan taken for the purpose:

Provided further that no withdrawal for this purpose shall be allowed more than once.

(2) The actual withdrawal from the Fund shall be made only on receipt of an authorization from the Account Officer who will arrange this as soon as the formal sanction is issued by the Sanctioning Authority.

Conditions for Withdrawal

(B)     (1) Any sum withdrawn by a subscriber at any one time for one or more of the purposes specified in rule 28(A) from the amount standing to his credit in the Fund shall not ordinarily exceed one half of such amount or six months' pay, whichever is less. The [71][Head of the Department] may, however, sanction the withdrawal of an amount in excess of this limit up to 3/4 ths of the balance at his credit in the Fund having due regard to (i) the object for which the withdrawal is being made, (ii) the status of the subscriber and (iii) the amount to his credit in the Fund.

Government Decision

[72][The power to sanction Non-refundable withdrawals in the case of Heads of Departments vests with the Secretary to Government in the concerned Administrative Department of Secretariat. For sanctioning Non-refundable withdrawals involving Department shall also be obtained.]

Provided that-

(i)       in the case of a subscriber who has availed himself of a loan under any of the schemes sponsored by the Government for the grant of advances for House Building purpose or has been allowed any assistance in this regard from any other Government source, the sum withdrawn (which shall not exceed the limits specified in this clause) together with the amount of loan availed of under any of the aforesaid schemes or the amount received for House Building purpose from any other Government source, shall not exceed [73][1.50,000] or five years' pay of the Subscriber, whichever is less. [74][In the case of House Building Advance availed of jointly by husband and wife, the ceiling of Rs. 1,50,000 Will be divided in proportion to the House Building Advance amount assigned in favor of husband and wife.] This amendment shall be deemed to have come into force with effect from 15th June 1993.

(ii)      a subscriber who has been permitted a non-refundable withdrawal from the Fund for the purpose of building or acquiring a suitable house for residence at any place will not be permitted to make another non-refundable withdrawal from the Fund for any of these purposes or for the purchase of a house site at the same or another place. In the case of a subscriber who has been permitted a non-refundable withdrawal under rule 28 (A) (1) (I) (d) to purchase a house site, he will not be permitted to make another withdrawal for acquiring another house site or a house together with site at the same or another place.

(iii)     (a) A subscriber who has been permitted under clause (d) and (e) of clause (1) of sub-rule (1) of rule 28 (A) to withdraw money from the amount standing to his credit in the Fund shall not part with the possession of the house built or acquired or house site purchased with the money so withdrawn, whether by way of sale, mortgage (other than mortgage to the Government) gift, exchange or otherwise without the previous permission of the Government:

Provided that such permission shall not be necessary for-

(i)       the house or house site being leased for any term not exceeding 3 years; or

(ii)      is being mortgaged in favor of Housing Board, the life Insurance Corporation or any other Corporation owned or controlled by the State Government which advance loans for the construction of a new house or for making additions or alterations to an existing house.

(b) The subscriber shall submit a declaration not later than the 31st day of December of every year as to whether the house or house-site, as the case may be, continued to be in his possession or has been mortgaged, otherwise transferred or let out as aforesaid and shall, if so required, produce before the sanctioning authority on or before the date specified by that authority in that behalf, the original sale, mortgage or lease deed and also the documents on which his title to the property is based.

(c) If, at any time before his retirement, the subscriber parts with the possession of the house or house site without obtaining the previous permission of the Government, he shall forthwith repay the sum so withdrawn by him in a lump sum to the fund, and in default of such repayment the sanctioning authority shall, after giving the subscriber a reasonable opportunity of making a representation in the matter, cause the said sum to be recovered from the emoluments of the subscriber either in a lump sum or in such number of monthly installments as may be determined by it.

Note 1.- Non-Refundable Advance excess of half the amount at the credit of the subscriber or six months' pay will be sanctioned by Government in the concerned Administrative Department, with the concurrence of the Finance Department.

[75][Note 2 In the Co-operative Department, non-refundable withdrawals excess of the ordinary limit up to 3/4 th of the balance at the credit of the subscribers in their General Provident Fund account will be sanctioned by the Additional Registrar of Co-operative Societies.]

[76][Note 3.- In the Educational Department non-refundable withdrawals in excess of ordinary limit upto 3/4th of the balance at the credit of the subscribers in their General Provident Fund Accounts will be sanctioned by the Additional Director of Public Instruction.]

(2) A subscriber who has been permitted to withdraw money from the Fund under rule 28 (A) shall satisfy the Sanctioning Authority within a reasonable period as may be specified by that authority that the money has been utilized for the purpose for which it was withdrawn and if he fails to do so, the whole of the sum so withdrawn, or so much thereof as has not been applied for the purpose for which it was withdrawn shall forthwith be repaid in one lump together with interest thereon at the rate determined under rule 15, by the subscriber to the Fund and in default of such payment, it shall be ordered by the sanctioning authority to be recovered from his emoluments, either in a lump or in such number of monthly installments as may be determined by the Government.

(3) Nothing in sub-rule (2) shall be deemed to require a subscriber whose deposits in the Fund carry no interest, to pay any interest on any sum repayable by him under that sub-rule.

Conversion of an Advance into a Non-Refundable withdrawal

[77][(C) A subscriber who has already drawn or may draw in future an advance under Rule 16 for any of the purposes specified in clauses (a), (b) and (c) of sub-rule (1) of Rule 28A may convert, at his discretion by submitting an application in Form 'J' to the Accounts Officer through the sanctioning authority, the balance outstanding against it into a non-refundable withdrawal on his satisfying the conditions laid down in Rules 28 (A) and (B).]

Recovery of Moneys Drawn, Withheld or Withdrawn from the Fund for Improper use

Rule - 29.

Notwithstanding anything contained in these rules if the sanctioning authority is satisfied that money drawn as an advance from the Fund under sub-rule (1) of rule 16 or withheld or withdrawn from the Fund under clause (a) or clause (b) or rule 18 has been utilized for a purpose other than that few 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 15 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 o' paid, as the case may be, be more than half the subscriber's emoluments, recoveries shall be made in monthly installments of moieties of his emoluments till the entire amount recoverable be repaid or paid, as the case may be, by him.

Note.- The term "emoluments" as used in this rule does not include subsistence grant.

Final Withdrawal of Accumulations in the Fund

Rule - 30.

(a)      When a subscriber quits the service, the amount standing to this credit in the Fund shall become payable to him:

68|Provided that a subscriber who has been dismissed, removed or compulsorily retired from the service and is subsequently reinstated in the service shall, if required to do so by Government, repay any amount paid to him from the Fund in pursuance of this rule, with interest thereon in the manner provided in the proviso to rule 31. The amount so repaid shall be credited to his account in the Fund:

Provided further that subscribers who are allowed to continue in service up to their 60th year of age and who continue to subscribe to the Provident Fund after their dates of superannuation and have quitted service at their 60th year and surrendered school teachers who are allowed to subscribe to the Fund on an optional basis after their date of superannuation till they attain their 60th year of age will be allowed interest for their Provident Fund deposits as laid down in Rule 15 of the General Provident Fund (Kerala) Rules.

Explanation:- This concession will be applicable to cases arising on or after 19-2-1968 in respect of surrendered school teachers and to cases arising on or after 2-12-1967 in other cases. Those who are allowed to subscribe to the fund after 55th year shall exercise their option in writing. The option exercised by the non-Gazetted Officers shall be recorded in their Service Books. The Gazetted Officers besides recording the option in the Provident Fund Schedule attached to their first pay bill preferred after attaining the age of 55 years shall send their option to the Controller of Accounts also. Once the option is exercised to subscribe to the fund, a subscriber shall not be allowed to discontinue the subscription till he quits service, nor will he have any claim to get his account closed before he quits service.1

Government Decision

[78][In the case of those Provident Fund Subscribers whose dismissal, removal or compulsory retirement from service, acceptance of resignation, termination of lien, voluntary retirement etc., are ordered with retrospective effect, the date of issue of such orders will be deemed to be the date necessitating the closure of Provident Fund Account and interest will be allowed to them in accordance with the provisions of Rule 15(4) of these Rules.]

(b)      A subscriber holding a post in an officiating or temporary capacity may either withdraw the amount on the termination of his post or leave it in the Fund to be withdrawn at the time he finally quits service.

Explanation:- 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 transferred without any break in service to a new post under the Central Government or other State Governments. In such a case, his subscriptions together with interest thereon shall be transferred to a new account under the Central Government or the State Government concerned, if that Government consents by general or special order, to such transfer of subscriptions and interest.

[79][Note 1.- Transfers shall include cases of resignation from Government service in order to take up appointment in another Department of the State Government or under the Central Government or under any other State Government or under a body corporate owned or controlled by the Central or a State Government or an Autonomous Organization registered under the Societies Registration Act, 1860 or under the Aided School Service without any break and with the proper permission of the Government. In cases where there has been a break in service it shall be limited to the joining time allowed on transfer to a different station.

The same shall hold good in cases of retrenchment followed by immediate re-employment.

Note 2.- In cases where the corporate bodies mentioned in Note 1 above do not have any Provident Fund Scheme of their own or whose Provident Fund Rules do not provide for the acceptance of balances from other Provident Funds, the amount of subscription with interest thereon shall be finally paid to the person concerned at the time of his permanent transfer to such a body. In cases where the Provident Fund money is accepted by the corporate body subject to fulfillment of certain conditions, e.g., if the Government servant should complete the probation period, with them or should be confirmed in a post under them, the Provident Fund money shall be retained with Government, till such time as it is transferred to the body concerned. In such cases, the Provident Fund account of the individual concerned would cease to be 'alive' from the date of his permanent transfer to such a body. Withdrawal from and new subscriptions to the Fund other than recoveries in respect of outstanding advances, will not be permitted during the period. But the Provident Fund money held by the Government will earn interest at the normal rate till the date of transfer of the amount to the corporate body.]

Note 3.- In case where a subscriber on deputation to a body corporate, owned or controlled by the Government, is subsequently absorbed in such body corporate with effect from a retrospective date, for the purpose of calculating the interest due on the final accumulations of the subscriber, the date of issue of the orders regarding absorption shall be deemed to the date on which the amount to the credit of the subscriber became payable subject, however, to the condition that amount recovered as subscription during the period commencing from the date of absorption and ending with the date of issue of orders of absorption shall be deemed to be subscription to the fund only for the purpose of awarding interest under the note.)

Government Decisions

(1)     In cases where the subscriber resigns from Government Service to take up appointment in any of the Services mentioned in Note 1 no application for closure of accounts in Form E need be forwarded to the Controller of Accounts. In such cases information regarding the Department and the Office in which the subscriber is working after his new appointment may be furnished to the Controller of Accounts, to enable him to transfer the Provident Fund balance to the new Provident Fund Account to which he may be subscribing.

(2)     In cases of resignation not covered by explanation to rule 30 the General Provident Fund balance can be paid to the subscriber. In such cases the application for closure in Form E appended to the General Provident Fund (Kerala) Rules, properly and completely filled in may be forwarded to the Controller of Accounts, as to enable him to ensure that the case under consideration is not covered by the explanation to rule 30 of the General Provident Fund (Kerala) Rules and the note thereunder and that the balance is payable to the subscriber.]

(Circular No. 7/67/Fin. (PF) dt. 24-1-1967)

[80][(3) (i) Interest on Provident Fund balances transferred to other Governments/Departments/EPF Organization/Provident Fund Staff of State Government/Aided Educational Institutions/Corporate Bodies owned or controlled by the Government shall be allowed, in accordance with the provisions of Rule 15 (4) of these Rules.]

(ii) The above procedure will not apply to cases covered by Note 2.

[81][(iii) x x x x]

[82][(c) A subscriber who under the third proviso to rule 10 voluntarily ceases to subscribe to the General Provident Fund, during the last one year of service immediately preceding the date of his retirement and who wants to get the final payment of the Provident Fund accumulations in this account before retirement shall apply for final withdrawal of the same by giving option in the relevant column in the closure application itself and the amount standing at his credit shall become payable to him before the date of his retirement. In such cases, the officers who draw their own pay bills shall send intimation regarding such option to the Treasury Officer concerned.]

Rule - 31.

When a subscriber -

(a)      has proceeded on leave preparatory to retirement or, if he is employed in a Vacation Department, on leave preparatory to retirement combined with vacation, or

(b)      while on leave, has been permitted to retire or has been declared by a competent medical authority to be unfit for further service, or

(c)      has attained the age of superannuation but has not been permitted to retire from service owing to some reason or other, 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 the subscriber:

[83][Provided that the subscriber. If he returns to duty, shall, except where 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 16 decides otherwise, repay to the Fund, for credit to his account, the amount paid to him from the fund in pursuance of this rule with interest thereon at the rate provided in rule 15 in cash or securities or partly in cash and partly in securities, by installments or otherwise, by recovery from his emoluments or otherwise, as may be directed by the said authority.]

Rule - [32.

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

(1)     when the subscriber leaves a family-

(a)      if a nomination made by the subscriber in accordance with the provisions of rule 8 or of the corresponding rule heretofore in force in favor of a member or members of his family subsists, the amount standing to his credit in the Fund or the part thereof to which the nomination relates shall become payable to his nominee or nominees in the proportion specified in the nomination:

(b)      if so such nomination in favor of a member or members of the family of the subscriber subsists, or if such nomination relates only to a part of the amount standing to his credit in the Fund, 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 favor of any person or persons other than a member or members of his family, become payable to the members of his family in equal shares:

Provided that no share shall be payable to-

(i)       sons who have attained legal majority;

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

(iii)     married daughters whose husbands are alive;

(iv)    married daughters of a deceased son, whose husbands are alive; if there is any member of the family other than those specified in clauses (i), (ii), (iii) and (iv):

Provided further that 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 provision of clause (i) of the first proviso.

(2)     When the subscriber leaves no family, if a nomination made by him in accordance with the provisions of rule 8 or of the corresponding rule heretofore in force in favor of any person or persons subsists, the amount standing to his credit in the Fund or the part thereof to which the nomination relates, shall become payable to his nominee or nominees in the proportion specified in the nomination.

Note 1.- Payment of a Provident Fund money due to a minor beneficiary of a deceased subscriber may be made to the guardian nominated by the subscriber.

When the subscriber has not nominated a guardian, a guardian appointed by the Court to receive payment on behalf of a minor beneficiary should alone be recognized even where the amount involved does not exceed the limit of Rs. 5,000 specified in clause (b) of sub-section (i) of section 4 of the Provident Funds Act, 1925. But if the party pleads inability to incur expenditure for obtaining the Guardianship Certificate from the Court, the orders of the Government should be obtained for making any payment.

[84][Note 2.- (a) In cases where a minor's share of the Provident Fund money does not exceed Rs.500 or where the total amount payable to all the minors does not exceed Rs. 1,000 payment may be made to the natural guardian of the minor children of the deceased subscriber without the execution of the Indemnity Bond or production of a Guardianship Certificate, provided that the Head of the Office is satisfied regarding the bona fides of the natural guardian and that subsequent claims are not likely to arise.]

(b) Payments of minor's share of the Provident Fund money, to the extent of [85][Rs. 10,0001 (or the first [86][Rs. 10,000] where the amount payable exceeds [87][Rs. 10,0001 may be made without requiring the production of Guardianship Certificate from the Court, to the natural guardian of the minor, or, where there is no natural guardian, to the person considered fit by the Head of the Office to receive payment on behalf of the minor, on such natural guardian or other person executing an Indemnity Bond (See Appendix 2) signed by two sureties agreeing to indemnity to Government against any subsequent claim to the amount paid to him:

Provided that the stamp duty payable on such Indemnity Bond shall be borne by Government:

Provided further that the person who comes forward to claim payment on behalf of the minor in the absence of a natural guardian, shall be required to satisfy the authorities making payment by an affidavit in addition to the Indemnity Bond signed by two sureties, that he is in charge of the property of the minor and that he is looking after such property and if the minor has no property other than the Provident Fund money, that the minor is in his custody and care.

(c) In cases where the natural guardian is a Hindu Widow/Widower the payment of Provident Fund money on behalf of her/his minor children shall be made to her/his irrespective of the amount involved, without the production of a Guardianship Certificate or any Indemnity Bond, unless there is anything concrete to show that the interests of the mother/father are adverse to those of the minor children.

Note 3.- Payment of Provident Fund money due to a person nominated to receive the whole or part of the amount standing to the credit of a subscriber in the Fund shall be made as follows in cases where the nominee dies after the sub- scriber but before receiving payment:-

(a)      When the amount due to the deceased nominee does not exceed Rs.500 the Account Officer may authorize payment of the amount to the claimant or claimants reported by the Collector of the district concerned, to be entitled to receive payment, after making such enquiry into the right and title of the claimant or claimants as the Collector may deem sufficient, if the Collector considers that the production of letters of administration or other legal authority may be dispensed with. The records of enquiry should contain the signed statements of at least two trustworthy or disinterested persons:

Provided that the Collector may, in such cases, if he considers it expedient, require the party to execute, before the payments is made, a Bond (Appendix-3) signed by two sureties agreeing to indemnity the Government against any subsequent claim which might arise.

(b)      When the amount due to the deceased nominee exceeds Rs 500 payment shall be made by the Account Officer to the person who produces probate or letters of administration evidencing the grant to him of administration to the estate of the deceased nominee or a Succession Certificate entitling the holder thereof to receive payment of the amount:

Provided that, in cases where the Government are satisfied of the right and title of a person claiming payment as heir of the deceased nominee and that undue delay and hardship would be caused by insisting on the production of letters of administration or other legal authority, they may authorize the Account Officer to pay the amount to the claimant on his executing a bond (Appendix 3) signed by two sureties agreeing to indemnity the Government against any subsequent claim which might arise.

Note 4.- [88][x x x x]

[89][(3) Where the subscriber leaves no family, and in whose case nomination in accordance with Rule 8 does not subsists, payment of Provident Fund balance at the credit of the subscriber shall be arranged by the Accounts Officers to the person(s) mentioned in the certificate in equal shares as follows:-

(a)      Amount upto Rs. 5,000 on the basis of Heirship Certificate issued by the concerned Tahsildar.

(b)      Amount above Rs. 5,000 but not exceeding Rs. 15,000 under the orders of Deputy Accountant General/Senior Deputy Accountant General in charge of the Provident Fund Section if he is satisfied of the right and title of the claimant as evidenced by the Heirship Certificate issued by the concerned Tahsildar and on execution of a Security Bond shown in Appendix 4 which shall be signed by the claimant(s) and two Sureties and duly attested either by the Local Tahsildar or by two Gazetted Officers under the State Government or by the Gazetted Head of Office who forwarded the closure application.

(c)      Amount exceeding Rs. 15,000 on the basis of the Succession Certificate issued by a Competent Court of Law][90].

Rule - 33.

(1)     When the amount standing to the credit of a subscriber in the Fund becomes payable, it shall be the duty of the Account Officer to make payment, as provided in Section 4 of the Provident Funds Act, 1925.

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

Government Decision

In a case where no manager has been appointed the payment may be made in terms of Section 95 (1) of Indian Lunacy Act to the person having charge of the lunatic under the orders of the Collector. The Disbursing Officer has to pay only the amount which he thinks fit to the person having charge of the lunatic and the balance if any, or such part thereof as he thinks fit is to be paid for the maintenance of such members of the family of the lunatic as are dependent on him for maintenance. But before this is done, the person to whom the payment becomes payable under the rules, will have to be certified by a Magistrate as a lunatic.

Rule - 34.

If an officer who is a subscriber to any other Government Provident Fund is permanently transferred to pensionable service under Government, the amount standing to his credit in such other fund cm the date of transfer shall with the consent of the Government concerned, be transferred to his credit in the Fund.

[91][Note.- Transfer shall include cases of resignation from service under the Central Government or under any other State Government or under a body corporate owned or controlled by the Central Government or a State Government or an Autonomous Organization registered under the Societies Registration Act, 1860 [92][or under Aided School Service] in order to take up appointment under the Government without any break and with proper permission of the concerned Government or body corporate [93][or authorities of Aided Schools.] In cases where there has been a break in service it shall be limited to the Joining time allowed on transfer to a different station.]

The above provision shall also hold good in cases of retrenchment followed by immediate re-employment.

Relaxation of the provisions of the Rules in Individual Cases

Rule - 35.

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

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

Interpretation

Rule - 36.

If any question arises relating to the interpretation of these rules. it shall be referred to the Government in the Finance Department whose decision thereon shall be final.

Rules of Procedure

Rule - 37.

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

Rule - 38.

When paying a subscription either by deduction from emoluments or in cash, a subscriber shall quote the number of his accounts 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 - 39.

(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 amounts credited or debited-during the year, the total amount of interests credited as on the 31st March of the year and the closing balance on that date. The Account Officer shall attach to the statement of account an inquiry as to whether the subscriber -

(a)      desires to make any alteration in any nomination made under role 8 or under the corresponding rule heretofore in force.

(b)      has acquired a family in eases where the subscriber has made no nomination In favor of a member of his family under the proviso to sub-rule (1) (i) of rule 8.

(2)     Subscribers should satisfy themselves as to the correctness of the Annual Statement and errors should be brought to the notice of the Account Officer within three months from the date of receipt of the statement.

(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.

Advance from the Pond

Rule - [40.

Applications for an advance against and a non-refundable withdrawal from Provident Fund Deposits shall be in Form B and Form B-1 respectively. In the case of Gazetted Officers, the Heads of the Departments/Offices shall furnish the verification report in the application with the help of the latest annual credit card issued from the Office of the Controller of Accounts and a certified from the Gazetted .Officer concerned, showing subsequent deductions made from his pay, and advances and withdrawals, if any, taken from his account.

In the case of non-gazetted officers, the verification shall be done by the Head of Office concerned with a reference to the latest Annual Credit Card, copies of pay bills etc.][94]

This amendment shall be deemed to have come into force with effect from 9-2-1966.

Rule - 41.

Sanction for the grant of temporary advances shall be in Form C. In the case of non-refundable advances, the sanction shall be accompanied by Form C1 also.

Note. - The sanction for a withdrawal, refundable or non-refundable shall remain operative for a period of three months only and shall be deemed to have lapsed thereafter unless specifically renewed.

Rule - 42.

Bills for payment shall be in Form D.

In respect of Gazetted Officers, they may draw bills direct on the Treasury while in the case of non-gazetted officers the Heads of Offices concerned who are competent to draw bills may draw and disburse the amount.[95]

Government Decision

(a)      The Heads of Departments and Offices should distribute the annual account statements when received from the Accountant General, promptly amongst the subscribers concerned and obtain their acknowledgements and certificates of verification for onward transmission to the Accountant General.

(b)      If a subscriber finds any error in the annual account statement received by him, he should at once submit to his Head of Office a representation indicating the discrepancy noticed in the figures in the annual account statement. The Head of the Office will then verify the records available with him and forward to the Accountant General a certificate showing the month wise details of subscriptions recovered from the salary of the subscriber during the year, or withdrawals made, together with the particulars of the bills, in which the recoveries/withdrawals were made, along with the representation submitted by the subscriber. The Heads of Departments and Offices should ensure that the verification reports are obtained from all the subscribers to whom the Annual Statement of accounts are distributed and that such reports forwarded to the Accountant General within three months from the date of receipt of the statements from him (the Accountant General). On receipt of the representation along with certificate, the Accountant General will initiate action immediately to trace out the missing credits and debits and to adjust them in the subscriber's account in accordance with the procedure prescribed by the Comptroller and Auditor General of India in this behalf. After making necessary adjustments in the accounts of the subscriber concerned, the Accountant General will intimate the fact to the Head of the Office who will in turn inform the subscriber.

(c)      In respect of Gazetted Officers, each subscriber should furnish direct to the Accountant General, within three months from the date of receipt of the Annual Account Statement, the acknowledgment, the certificate of verification and his representation, if any, indicating the discrepancy noticed in the annual account statement. The certificate of deductions made from his salary and withdrawals made by him from his Provident Fund account during the year, with the particulars of bills in which recoveries/withdrawals were made should be furnished along with the representation.

Note 1.- In respect of all final and part final (non-refundable) withdrawals from Provident Fund, disbursement certificates should be furnished by the Disbursing Officers to the Account Officer immediately after the payments have been made.

Note 2.- In respect of withdrawal for insurance premium, the drawing officer should furnish in the bill for withdrawal a certificate to the effect that he is satisfied that the amount previously withdrawn towards payment of insurance premium has been utilized for the purpose for which it was intended and that the necessary premium receipt has been duly enfaced by him.

Closure of Provident Fund Account

Rule - 43.

(1)     [96][A Gazetted Officer who is about to retire from service on superannuation shall send in Form E, an application for closure of his Provident Fund Account to the Controlling Officer as soon as his salary for the month in which he discontinue subscription to the fund is received from the treasury.] The Controlling Officer shall, within a fortnight of the date of submission of the application by the subscriber, forward the same along with the documents which are essential for the closure of the Provident Fund Account to the Account Officer.

(2)     [97][In the case of non-Gazetted Officer, he shall submit in Form E his application for closure of his Provident Fund Account to the Head of Office as soon as his salary for the month in which he discontinue subscription to the fund is disbursed to him.] The Head of the Office shall, within a fortnight of the event necessitating the closure of the account an application for closure of the Provident Fund account of the deceased obtained from the nominee (s) or other claimant(s) along with documents such as, Heirship certificate, guardianship certificates, succession certificate and other similar documents which are really needed for closing the account and arranging payment.

(3)     In respect of a deceased subscriber, the Head of Office or the Controlling Officer according as the subscriber is non-Gazetted or Gazetted, shall forward in Form E within a fortnight of the event necessitating the closure of the account an application for closure of the Provident Fund account of the deceased obtained from the nominee (s) or other claimant (s) along with documents such as, Heirship certificate, guardianship certificates, succession certificate and other similar documents which are really needed for closing the account and arranging payment.]

Note.- In the case of the Heads of Offices, if they are non-gazetted officers the application shall be forwarded through the Heads of Offices.

(4)     Officers [both Gazetted and Non-Gazetted may. if they so desire, apply for the closure of their account immediately after they have proceeded on leave preparatory to retirement.

(5)     A Gazetted Officer/Non-Gazetted Officer who has resigned/has been transferred in order to take appointment in another Department of State Government or under the Central Government or under any other State Government or under a body corporate owned or controlled by the Central or State Government or an Autonomous Organization registered under the Societies Registration Act, 1860 without any break and with prior permission of Government, shall submit in Form E1/ E2 his application for transfer of balances in the Provident Fund account to the Head of Department/Head of office as soon as he has resigned/has been transferred. The Head of Department/Office shall within a fortnight of the date of submission of the application by the subscriber, forward the same along with the documents required to the transfer of Provident Fund account to the Account Officer, so as to enable him to take up the question of transfer with the new Department/Government/Corporate body as the case may be.

[98][(6) When an employee disappears leaving his family, the family will be paid the amount of General Provident Fund, having regard to the nomination made by the employee. All such cases shall be forwarded to the Government through the Head of Department for sanctioning payment, along with the documents detailed below. The concerned administrative Department of the Secretariat shall sanction the benefits with the concurrence of the Finance Department.

(i)       A certificate from the concerned Police Station to the effect that the employee could not be traced out alter all efforts had been made by the police.

(ii)      An indemnity bond in stamped paper from the legal heir/nominee of the employee, stating that all payments will be adjusted against the payments due to the employee in case he reappears and make any claim.]

This amendment shall deemed to have come into force with effect from 2nd December 1987.

Government Decision

All Departmental officers should forward, along with the application for closure of Provident Fund account of each subscriber, a statement obtained from the subscriber concerned in the following form:-

"I................................................................................................................................. (H.E. name, Designation and Office in which the subscriber was working at the time of his quitting service), do hereby do not accept the balance standing to my credit in the State/General Provident Fund Account No ....................communicated to me by the Accountant General, Kerala in his annual account statement for the financial year ended on the 31st March (H.E. the financial year immediately preceded the date of his quitting service).

Date:

Station:

Signature of the subscriber

Note.- In cases where a subscriber does not accept the balance communicated to him/he should furnish briefly the reasons for not accepting the balance also along with the statement.

Rule - 44.

(1)     The Account Officer shall not receipt of such application, close the account and issue in Form F an authorization to the subscriber or to the Head of Office, according as the subscriber is Gazetted or non-Gazetted. In the case of deceased subscribers, such authorization shall be issued to the Head of Department or Head of office, as the case may be.

(2)     The bill for the drawal of the money shall be in Form D.

(3)     In the case of Gazetted Officers, they are permitted to present bills at the Treasury from which payment is desired and draw the amount directly. In the case of non-gazetted officers, the Head of Office shall draw and disburse the amounts to them. In the case of the deceased officers, the Heads of Offices under whom the subscribers concerned were last working shall draw and disburse the amount on proper identification if the payments are required at the headquarters of the officers.

(4)     Payment of the amounts withdrawn shall be made in India only. The person to whom the amounts are due shall make their own arrangements to receive payments in India. The authorization in cases where payments are required in places other than the headquarters shall be issued in Form G.

 

First Schedule

[99]Form of Nomination

[See Rule 8 (i) (iii)]

I (name)….........hereby nominate the person(s) 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.

Date :…..................

Place :…..............

Signature of the subscriber, name and designation…....................................................................

Account No…............................

Name and Address

Signature

Witness:- 1.

      2.

Counter signature by Head of office (Required only when subscriber is a non-Gazetted Government Servant)…....................

 

Instructions

Column 1,- A subscriber can nominate more than one person. If he/she has a family as defined in General Provident Fund (K) Rules, the nomination shall not be in favor of any person who is not a member of the family.

Column 4.- If the subscriber nominates only one person, the words “In Full” may be noted. Otherwise the share payable to each so as to cover the whole amount standing at the credit of the subscriber may be specified.

Column 5.- Death need not be shown as a contingency. In the case of persons having no family as defined in General Provident Fund (K) Rules, the subscriber shall state that the nomination shall become invalid in the event of his subsequently acquiring a family. Similarly, in the case of a subscriber having only one member in the family and who wishes to nominate another person as alternate nominee, he shall specify that the right conferred on the alternate nominee shall become invalid In the event of the subscriber acquiring an additional member in the family.

Columns 6 & 7.- The name to be specified in these columns shall be that of a person other than the subscriber or nominee.

Account No.- In the case of persons who file the nomination along with application for admission to the fund, this will be furnished by the Accountant General.

 

Second Schedule

(See Rule 23 (1) (a)]

Forms of Assignment

I

I, A.B. of........................... hereby assign unto the Governor of Kerala within the policy of assurance as security for payment of all sums which under Rule 26 of the General Provident Fund (Kerala) Rules, I may hereafter become liable to pay to that Fund.

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

Dated this...............day of...................19.........................

One Witness to signature

(Signature of Subscriber)

Station:

II

We, A.B. (the subscriber) of...............and C.D. (the joint assured) of................ in consideration of the Governor of Kerala agreeing at our request to accept payments towards the within policy of assurance in substitution for the subscriptions payable by me the said A.B. to General Provident Fund (Kerala) 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 rule 26 of the General Provident Fund (Kerala) 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..................19............................

(Signature of subscriber and the joint assured)

One Witness to signature:

Station..............................

Note.-The assignment may be executed on the policy itself either in the subscriber's handwriting or in type, or alternatively typed or printed slip containing the assignment may be pasted on the blank space provided for the purpose on the policy. A typed or printed endorsement must be duly signed and if pasted on the policy it must be initialed across all four margins.

III

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 favor of A.B. in order that A.B. may assign the policy to the Governor of Kerala who has agreed to accept payments towards the within policy of assurance in substitution for the subscriptions payable by A.B. to the General Provident Fund (Kerala) hereby at the request and by the direction of A.B. assign and I, the said A.B. assign and confirm unto the said Governor the within policy of assurance as security for payment of all sums which under rule 26 of the General Provident Fund (Kerala) Rules the said A.B. may hereafter become liable to pay to the Fund.

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

Dated this...............day of..............19.....................

(Signature of the assignee and the subscriber)

One Witness to signature-

Station

 

Third Schedule

(See Rule 24)

Forms of re-assignment by the Governor of Kerala

I

All sums which have become payable by the above named A.B. under rule 26 of the General Provident Fund (Kerala) Rules having been paid and all liability for payment by him of any such sums in the future having ceased the Governor of Kerala do hereby reassign the within policy of assurance to the said A.B./ A.B. and C D.

Dated this…..............day of…..................19…....................

Executed by:-

Account Officer (for and on behalf of the Governor of Kerala in the Presence of)

 

XY

(Signature of the Account Officer)

Witness:-

YZ

(One witness who should add his designation and address)

II

The above named A.B. having died on the.....................day of........................ 19........................the Governor of Kerala do hereby reassign the within policy of assurance to C.D.

Dated this.........................day of........................19.........................

Executed by:-

Account Officer (for and on behalf of the Governor of Kerala in the presence of)

 

XY

(Signature of the Account Officer)

YZ

(One witness who should add his designation and address)

 

Fourth schedule

(See Rule 25)

Form of reassignment by the Governor of Kerala

The Governor of Kerala both hereby reassign the within policy to the said A.B/A.B and C.D.

Dated this…..................day of….................19…...................

Executed by:-

Account Officer (for and on behalf of the Governor of Kerala in the presence of)

 

XY

(Signature of the Account Officer)

YZ

(One witness who should add his designation and address)

 

Appendix 1

(See Rule 32)

Payment of amounts to nominees

(1)     Any sum payable under rule 32 to a member of the family of a subscriber vests in such member under sub-section (2) of section 3 of the Provident Funds Act, 1925.

(2)     When a nominee is a dependent of a subscriber as defined in clause (c) of section 2 of the Provident Funds Act, 1925, the amounts vest in such nominee under sub-section (2) of Section 3 of the Act.

(3)     When the subscriber leaves no family and no nomination made by him in accordance with the provisions of rule 8 subsists, or if such nomination relates only part of the amount standing to his credit in the Fund, the relevant provisions of clause (b) and sub clause (ii) of clause (c) of sub-section (1) of section 4 of the Provident Funds Act, 1925, are applicable to the whole amount or the part thereof to which the nomination does not relate.

 

Appendix 2

[See Note 2 (b) under Rule 32]

Form of Bond of Indemnity for drawal of Provident Fund money due to the minor child/children of deceased subscriber by a person other than its/their natural guardian

(to the extent of Rs. 5,000)

KNOW ALL MEN by these presents We (a)........................(Full name of claimant (s), with places (s) of residence son/daughter/wife of.................resident of.....................(hereinafter called ‘the obligor’)..................and We (1).................. son/daughter/wife of..............and resident of...........................Sureties on her/ his their behalf (hereinafter called “The Sureties”) are held firmly bound to the Governor of Kerala (hereinafter called ‘the Government’) in the sum of Rupees ..................(Rs..........................) to be paid to the Government or his successors or assigns for which payment to be well and truly made, each of us severally binds himself and his heirs, executors, administrators and assigns and every two and all of us jointly bind ourselves and our respective heirs, executors, administrators and assigns firmly by these presents,

This day of......................19.........................

WHEREAS ©....................(Name of deceased) was at the time, of his death a subscriber to the General Provident Fund and where as the said ©.................died on the day of 19...................and a sum of Rupees.................(Rs..........................) payable by Government on account of his General Provident Fund accumulations AND WHEREAS the above bounden obligor claim (s)................/the said sum on behalf of the minor child/children of the said ©[100]...................but has have not obtained a Guardianship Certificate)......................................

AND WHEREAS the obligor (s) has/have satisfied the (d).......................... (officer concerned) that he/she/they is/are entitled to the aforesaid sum and that it would cause undue delay and hardship if the claimant were required to produce a guardianship certificate AND WHEREAS Government desire to pay the said sum to the claimant but under Government rules and orders it is necessary that the claimant should first execute a bond with two sureties to Indemnify Government against all claims to the amount so due as aforesaid to the said (c).................... (deceased before the said sum can be paid to the claimant) which the obligor and at his/her request the sureties have agreed to do. NOW THE CONDITION of this Bond is such that if after payment has been made to the claimant the obligor or sureties shall in the event of a claim being made by any other person against Government with respect of the aforesaid sum of Rs.........................refund to Government the sum of Rupees and shall otherwise indemnify and keep the Government harmless and indemnified from all liabilities in respect of the aforesaid sum and all costs incurred in consequence of any claim thereto THEN the above written bond or obligation shall be void but otherwise the same shall remain in full force, effect and virtue. The Government have agreed to bear the stamp duty if any, chargeable on these presents.

IN WITNESS to the above written bond and the condition therefor we................... and..............and...................

This day of..................19.................have hereunto set and subscribed our respective...........of...............our repetitive hands.

Accepted for and on behalf of the Governor of Kerala.

 

Appendix 3

(See Note 3 under Rule 32)

Form of Indemnify that should be taken for authorizing payment of the General Provident Fund deposits without insisting on the production of letters of administration or other legal authority to person claiming payment as heir of the deceased nominee of the subscriber

KNOW ALL MEN BY THESE PRESENTS that we Sri..................... (Here enter name and address) (hereinafter called "the bounden") (a) and Sri.................and Sri...............(b) (Here enter names and addresses) (hereinafter called the "Sureties") do hereby bind ourselves and each of our and each of us our heirs, executors and administrators jointly and severally to pay to the Governor of Kerala (hereinafter referred to as "the Government") on demand the sum of Rs...................(Rupees................)[in words]

Signed and dated this the.............day of.............One thousand nine hundred and...................

WHEREAS (c)................was at the time of his/her death a subscriber to the General Provident Fund (Kerala) AND WHEREAS the said (c).................... died on the................day of.................19..............

WHEREAS a sum of Rupees............. (Rs.................) is payable to (d).............. the nominee of the said (c)...............by the Government on account of the General Provident Fund accumulations of the said (c)....................AND WHEREAS the said (d)...............predeceased the said (c)...............died after the said (c)............. but before receiving payment;

AND WHEREAS the above bounden [hereinafter called the claimant (s)] claim (s) said sum but has/have not obtained probate or letters of administration or other legal authority;

AND WHEREAS the...............Government desire (s) to pay the said sum to the claimants) but considers) it necessary that the claimants) should first execute a bond with two sureties to indemnify the Government against all claims to the amount so due as aforesaid before the said sum can be paid to the claimant(s)

NOW THE CONDITION of this bond is such that if, after payment has been made to the claimants), the claimants) or the said sureties shall in the event of a claim being made by any person other than the claimants) .against the Government with respect to the aforesaid sum of rupees............(Rs..................) refund to the Government the sum of Rupees....................and shall otherwise indemnify and save the Government harmless from all liabilities in respect of the aforesaid sum and all costs incurred in consequence of any claim thereto.

THEN the above written Bond or obligation shall be void but otherwise the same shall remain in full force and virtue.

The liability of the sureties under this Bond is co-extensive with that of the bounden and shall not be affected by the Government giving time or any other indulgence to the bounden:

Provided further that the bounden and the sureties do hereby agree that all sums found due to the Government under or by virtue of this bond may be recovered jointly and severally from them and their properties movable and immovable as if such dues were arrears of land revenue under the provisions of the Revenue Recovery Act for the time being in force or in such other manner as the Government may deem fit.

Signed by the bounden Sri......................................................................................

In the presence of Witnesses:-

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

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

Signed by the Sureties Sri.......................................................................................

and Sri.........................................................................................

In the presence of Witnesses: -

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

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

 

[101]Appendix 4

[See sub-rule (3) of rule 32)]

Form of Security Bond

KNOW ALL MEN BY PRESENTS THAT we, Shri/Smt..........................

(H.E. name and full address) (hereinafter called the "claimant") and Shri/Smt ..........................(H.E. name and full address) and Shri/Smt..................................

(H.E. name and full address) (hereinafter called "the sureties") do hereby Jointly and severally bind ourselves and our heirs, executors and administrators to pay to the Governor of Kerala (hereinafter called "the Government") on demand a sum of Rs..................(in words also).

Signed and dated this the.................day of.....................One thousand nine hundred............................

By the claimant Shri/Smt..........................................................................................

In the presence of witnesses: -

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

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

By sureties

(1)     Shri/Smt.....................................................................................................

(2)     Shri/Smt.....................................................................................................

In the presence of witness:

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

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

WHEREAS.................was at the time of.....................death, a subscriber to the General Provident Fund (Kerala);

WHEREAS the said................ died on the.................. day of ...................... 19........................

WHEREAS a sum of Rs ................ (in words also) is payable to the claimant being the legal heir of the said..........................(hereinafter called the "the deceased")

WHEREAS the claimant claims the said sum but has not obtained probate or letters of administration or other legal authority;

WHEREAS the Government after making due inquiry is satisfied that the claimant is entitled to the said sum and that there is no provision in the General Provident Fund Act or the General Provident Fund (Kerala) Rules to split up the amount for payment upto [102][Rs. 5000] on the basis of a Heirship certificate from the Tahsildar and the balance on execution of an indemnity bond;

AND WHEREAS the Government desire to pay the said sum to the claimant but consider it necessary that the claimant should first execute a bond with two sureties to indemnify the Government against all claims to the amount so due as aforesaid to the deceased before the said sum can be paid up to the claimant;

NOW THE CONDITION of this bond is such that if, after payment has been made to the claimant, the claimant or the sureties shall in the event of a claim being made by any person other than the claimant against the Government with respect to the aforesaid sum of Rs.................... (in words also) refund to the Government the sum of Rs...............(in words also) and shall otherwise indemnify and save the Government harmless from all liabilities in respect of the aforesaid sum and all coasts incurred in consequence of any claim there to THAN the above written bond or obligation shall be void, otherwise the same shall remain in full force and virtue.

The liability of the sureties under this bond is co-extensive with that of the claimant and shall not be impaired or affected by the Government giving time or any other indulgence to the claimant or by the Government varying only the terms and conditions herein contained:

Provided further that the claimant and the sureties do hereby agree that all sums found due to the Government under or by virtue of his bond shall be recoverable jointly and severally from them and their properties both movable and immovable as though such sums are arrears of land revenue under the provisions of the Revenue Recovery Act for the time being in force and in such other manner and Government may deem fit.

Signed and delivered by the claimant

Shri/Smt...........................................................................................................

In the presence of witnesses: -

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

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

Signed by the sureties

(1)     Shri/Smt.......................................................................................................

(2)     Shri/Smt........................................................................................................

In the presence of witnesses:-

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

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

 

[103]Appendix 5

[See sub-rule (6) of rule 43]

Indemnity Bond

This Deed to indemnity executed on the................day.................................. one thousand nine hundred and...............by Shri ............................. (H.E. name and address of the claimants).......................... (hereinafter referred to as the "the claimants") and Shri............................... and Shri................................................... (H.E. name and address of the Sureties)........................................... (hereinafter referred to as the Sureties)..............................in favor of the Governor of Kerala (hereinafter referred to as "the Government")

Whereas the Government in G.O. (P) No. 1028/87/Fin., dated 2-12-1987 (hereinafter called the "said order" which shall form part of this deed as if incorporated herein) have specified that an Indemnity Bond in stamp paper shall be executed by the legal heirs/nominee of the employee who has disappeared, leaving behind his family, stating that all payment will be adjusted against the payment due to the employee in case he re-appears and makes any claim; And whereas a sum of Rs.................... (Rupees............................) is due to the estate of the employee who has disappeared leaving his family Shri...........................from the Government being the General Provident Fund amount at this credit.

Whereas the claimants have represented to the Government that they are legally entitled to receive the said sum they being the legal heirs/nominees of the employee who has disappeared Shri.............................and that the amount may be paid to them on their executing an indemnity bond with two solvent sureties as hereinafter appearing;

And whereas the Government have been pleased to sanction the request of the claimants subject to the condition that they should execute an indemnity bond as hereinafter appearing with two sureties to which the claimants and the sureties have agreed.

Now these presents witnesses as follows

(1)     In consideration of the payment of the said sum of Rs............. (Rupees ..........................) to the claimant the claimants and sureties hereby agree that they will at all times indemnify and keep indemnified the Government from all claims, losses and demands if, any, made or which may be made and all actions and proceedings taken or which may be taken against the Government by the employee in case he reappears and makes any claim.

(2)     The claimants and sureties hereby further agree that all sums found due to the Government under or by virtue of this bond shall recoverable jointly and severally from them and their properties movable and immovable under the provisions of the Revenue Recovery Act for the time being in force as though such sums are arrears of Land Revenue or in such other manner as the Government may deem fit.

(3)     The liability of the sureties under this deed is co-extensive with that of the claimants and shall not be impaired or affected by any variation in the terms and conditions herein contained or the Government giving time or any other indulgence to the claimants.

In witness whereof the claimants and the sureties have hereunto set their hands the day and year first above written.

Signed by Shri......................................................................................................

In the presence of witnesses: -

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

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

Signed by Shri....................................................................................................

and Shri....................................................................................................

In the presence of witness: -

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

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

 

Form B

(See Rules 16 and 40)

Form of Application for temporary Advance against deposits in General Provident Fund (Kerala)

(1)     Name and Account No. of the subscriber

(2)     Monthly pay, Dearness pay and designation

(3)     Amount of advance required (both in figures and words)

(4)     Purpose for which It is required

(5)     Number of Installments of recovery proposed

(6)     Date of complete repayment of the previous loan

(7)     Details of advances pending recovery:-

(1)     the amount of previous advances

(2)     dates of drawal of each advance

(3)     balance outstanding against each advance

(7A) Amount of consolidated advance items 3 and 7 (3) and the number and amount of monthly installments in which the consolidated advance is proposed to be repaid.

(8)     Name of Treasury at which payment is desired

(9)     I hereby declare that the above statements are true and that I agree to abide by the General Provident Fund (Kerala) Rules in force. I also promise to repay the above advance in equal monthly installments according to rules.

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

Date..............................

Signature of the subscriber with Name and Designation

(10)   Enquiry Certificate

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

Date....................

Signature of Head of Department or Office

 

Verification Report

(11)   Total amount at the credit of the applicant

(12)   Amount of advance admissible

(13)   Number of installments of repayments

(14)   Any other fact requiring consideration

(Head of Office/Department)

 

First Schedule

[104]Form of Nomination

[See Rule 8 (i) (iii)]

I (name)….........hereby nominate the person(s) 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.

Date :…..................

Place :…..............

Signature of the subscriber, name and designation…....................................................................

Account No…............................

Name and Address

Signature

Witness:- 1.

      2.

Counter signature by Head of office (Required only when subscriber is a non-Gazetted Government Servant)…....................

 

Instructions

Column 1,- A subscriber can nominate more than one person. If he/she has a family as defined in General Provident Fund (K) Rules, the nomination shall not be in favor of any person who is not a member of the family.

Column 4.- If the subscriber nominates only one person, the words "In Full" may be noted. Otherwise the share payable to each so as to cover the whole amount standing at the credit of the subscriber may be specified.

Column 5.- Death need not be shown as a contingency. In the case of persons having no family as defined in General Provident Fund (K) Rules, the subscriber shall state that the nomination shall become invalid in the event of his subsequently acquiring a family. Similarly, in the case of a subscriber having only one member in the family and who wishes to nominate another person as alternate nominee, he shall specify that the right conferred on the alternate nominee shall become invalid In the event of the subscriber acquiring an additional member in the family.

Columns 6 & 7.- The name to be specified in these columns shall be that of a person other than the subscriber or nominee.

Account No.- In the case of persons who file the nomination along with application for admission to the fund, this will be furnished by the Accountant General.

 

Second Schedule

(See Rule 23 (1) (a)]

Forms of Assignment

I

I, A.B. of…........................ hereby assign unto the Governor of Kerala within the policy of assurance as security for payment of all sums which under Rule 26 of the General Provident Fund (Kerala) Rules, I may hereafter become liable to pay to that Fund.

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

Dated this…............day of…................19…......................

One Witness to signature

(Signature of Subscriber)

Station:

 

II

We, A.B. (the subscriber) of...............and C.D. (the joint assured) of................ in consideration of the Governor of Kerala agreeing at our request to accept payments towards the within policy of assurance in substitution for the subscriptions payable by me the said A.B. to General Provident Fund (Kerala) 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 rule 26 of the General Provident Fund (Kerala) 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..................19............................

(Signature of subscriber and the joint assured)

One Witness to signature:

Station..............................

Note.-The assignment may be executed on the policy itself either in the subscriber's handwriting or in type, or alternatively typed or printed slip containing the assignment may be pasted on the blank space provided for the purpose on the policy. A typed or printed endorsement must be duly signed and if pasted on the policy it must be initialed across all four margins.

 

III

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 favor of A.B. in order that A.B. may assign the policy to the Governor of Kerala who has agreed to accept payments towards the within policy of assurance in substitution for the subscriptions payable by A.B. to the General Provident Fund (Kerala) hereby at the request and by the direction of A.B. assign and I, the said A.B. assign and confirm unto the said Governor the within policy of assurance as security for payment of all sums which under rule 26 of the General Provident Fund (Kerala) Rules the said A.B. may hereafter become liable to pay to the Fund.

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

Dated this...............day of..............19.....................

(Signature of the assignee and the subscriber)

One Witness to signature-

Station

 

Third Schedule

(See Rule 24)

Forms of re-assignment by the Governor of Kerala

I

All sums which have become payable by the above named A.B. under rule 26 of the General Provident Fund (Kerala) Rules having been paid and all liability for payment by him of any such sums in the future having ceased the Governor of Kerala do hereby reassign the within policy of assurance to the said A.B./ A.B. and C D.

Dated this…..............day of…..................19…....................

Executed by:-

Account Officer (for and on behalf of the Governor of Kerala in the Presence of)

 

XY

(Signature of the Account Officer)

Witness:-

 

YZ

(One witness who should add his designation and address)

II

The above named A.B. having died on the.....................day of........................ 19........................the Governor of Kerala do hereby reassign the within policy of assurance to C.D.

Dated this.........................day of........................19.........................

Executed by:-

Account Officer (for and on behalf of the Governor of Kerala in the presence of)

 

XY

(Signature of the Account Officer)

 

YZ

(One witness who should add his designation and address)

F

 

Fourth schedule

(See Rule 25)

Form of reassignment by the Governor of Kerala

The Governor of Kerala both hereby reassign the within policy to the said A.B/A.B and C.D.

Dated this…..................day of….................19…...................

Executed by:-

Account Officer (for and on behalf of the Governor of Kerala in the presence of)

 

XY

(Signature of the Account Officer)

 

YZ

(One witness who should add his designation and address)

 

Appendix 1

(See Rule 32)

Payment of amounts to nominees

(1)     Any sum payable under rule 32 to a member of the family of a subscriber vests in such member under sub-section (2) of section 3 of the Provident Funds Act, 1925.

(2)     When a nominee is a dependent of a subscriber as defined in clause (c) of section 2 of the Provident Funds Act, 1925, the amounts vest in such nominee under sub-section (2) of Section 3 of the Act.

(3)     When the subscriber leaves no family and no nomination made by him in accordance with the provisions of rule 8 subsists, or if such nomination relates only part of the amount standing to his credit in the Fund, the relevant provisions of clause (b) and sub clause (ii) of clause (c) of sub-section (1) of section 4 of the Provident Funds Act, 1925, are applicable to the whole amount or the part thereof to which the nomination does not relate.

 

Appendix 2

[See Note 2 (b) under Rule 32]

Form of Bond of Indemnity for drawal of Provident Fund money due to the minor child/children of deceased subscriber by a person other than its/their natural guardian

(to the extent of Rs. 5,000)

KNOW ALL MEN by these presents We (a)........................(Full name of claimant (s), with places (s) of residence son/daughter/wife of.................resident of.....................(hereinafter called 'the obligor')..................and We (1).................. son/daughter/wife of..............and resident of...........................Sureties on her/ his their behalf (hereinafter called "The Sureties") are held firmly bound to the Governor of Kerala (hereinafter called 'the Government') in the sum of Rupees ..................(Rs..........................) to be paid to the Government or his successors or assigns for which payment to be well and truly made, each of us severally binds himself and his heirs, executors, administrators and assigns and every two and all of us jointly bind ourselves and our respective heirs, executors, administrators and assigns firmly by these presents,

This day of......................19.........................

WHEREAS (c)....................(Name of deceased) was at the time, of his death a subscriber to the General Provident Fund and where as the said (c).................died on the day of 19...................and a sum of Rupees.................(Rs..........................) payable by Government on account of his General Provident Fund accumulations AND WHEREAS the above bounden obligor claim (s)................/the said sum on behalf of the minor child/children of the said (c)[105]...................but has have not obtained a Guardianship Certificate)......................................

AND WHEREAS the obligor (s) has/have satisfied the (d).......................... (officer concerned) that he/she/they is/are entitled to the aforesaid sum and that it would cause undue delay and hardship if the claimant were required to produce a guardianship certificate AND WHEREAS Government desire to pay the said sum to the claimant but under Government rules and orders it is necessary that the claimant should first execute a bond with two sureties to Indemnify Government against all claims to the amount so due as aforesaid to the said (c).................... (deceased before the said sum can be paid to the claimant) which the obligor and at his/her request the sureties have agreed to do. NOW THE CONDITION of this Bond is such that if after payment has been made to the claimant the obligor or sureties shall in the event of a claim being made by any other person against Government with respect of the aforesaid sum of Rs.........................refund to Government the sum of Rupees and shall otherwise indemnify and keep the Government harmless and indemnified from all liabilities in respect of the aforesaid sum and all costs incurred in consequence of any claim thereto THEN the above written bond or obligation shall be void but otherwise the same shall remain in full force, effect and virtue. The Government have agreed to bear the stamp duty if any, chargeable on these presents.

IN WITNESS to the above written bond and the condition therefor we................... and..............and...................

This day of..................19.................have hereunto set and subscribed our respective...........of...............our repetitive hands.

Accepted for and on behalf of the Governor of Kerala.

 

Appendix 3

(See Note 3 under Rule 32)

Form of Indemnify that should be taken for authorizing payment of the General Provident Fund deposits without insisting on the production of letters of administration or other legal authority to person claiming payment as heir of the deceased nominee of the subscriber

KNOW ALL MEN BY THESE PRESENTS that we Sri..................... (Here enter name and address) (hereinafter called "the bounden") (a) and Sri.................and Sri...............(b) (Here enter names and addresses) (hereinafter called the "Sureties") do hereby bind ourselves and each of our and each of us our heirs, executors and administrators jointly and severally to pay to the Governor of Kerala (hereinafter referred to as "the Government") on demand the sum of Rs...................(Rupees................)[in words]

Signed and dated this the.............day of.............One thousand nine hundred and...................

WHEREAS (c)................was at the time of his/her death a subscriber to the General Provident Fund (Kerala) AND WHEREAS the said (c).................... died on the................day of.................19..............

WHEREAS a sum of Rupees............. (Rs.................) is payable to (d).............. the nominee of the said (c)...............by the Government on account of the General Provident Fund accumulations of the said (c)....................AND WHEREAS the said (d)...............predeceased the said (c)...............died after the said (c)............. but before receiving payment;

AND WHEREAS the above bounden [hereinafter called the claimant (s)] claim (s) said sum but has/have not obtained probate or letters of administration or other legal authority;

AND WHEREAS the...............Government desire (s) to pay the said sum to the claimants) but considers) it necessary that the claimants) should first execute a bond with two sureties to indemnify the Government against all claims to the amount so due as aforesaid before the said sum can be paid to the claimant(s)

NOW THE CONDITION of this bond is such that if, after payment has been made to the claimants), the claimants) or the said sureties shall in the event of a claim being made by any person other than the claimants) .against the Government with respect to the aforesaid sum of rupees............(Rs..................) refund to the Government the sum of Rupees....................and shall otherwise indemnify and save the Government harmless from all liabilities in respect of the aforesaid sum and all costs incurred in consequence of any claim thereto.

THEN the above written Bond or obligation shall be void but otherwise the same shall remain in full force and virtue.

The liability of the sureties under this Bond is co-extensive with that of the bounden and shall not be affected by the Government giving time or any other indulgence to the bounden:

Provided further that the bounden and the sureties do hereby agree that all sums found due to the Government under or by virtue of this bond may be recovered jointly and severally from them and their properties movable and immovable as if such dues were arrears of land revenue under the provisions of the Revenue Recovery Act for the time being in force or in such other manner as the Government may deem fit.

Signed by the bounden Sri......................................................................................

In the presence of Witnesses:-

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

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

Signed by the Sureties Sri.......................................................................................

and Sri.........................................................................................

In the presence of Witnesses: -

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

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

 

[106][Appendix 4

[See sub-rule (3) of rule 32)]

Form of Security Bond

KNOW ALL MEN BY PRESENTS THAT we, Shri/Smt..........................

(H.E. name and full address) (hereinafter called the "claimant") and Shri/Smt ..........................(H.E. name and full address) and Shri/Smt..................................

(H.E. name and full address) (hereinafter called "the sureties") do hereby Jointly and severally bind ourselves and our heirs, executors and administrators to pay to the Governor of Kerala (hereinafter called "the Government") on demand a sum of Rs..................(in words also).

Signed and dated this the.................day of.....................One thousand nine hundred............................

By the claimant Shri/Smt..........................................................................................

In the presence of witnesses: -

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

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

By sureties

(1)     Shri/Smt.....................................................................................................

(2)     Shri/Smt.....................................................................................................

In the presence of witness:

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

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

WHEREAS.................was at the time of.....................death, a subscriber to the General Provident Fund (Kerala);

WHEREAS the said................ died on the.................. day of ...................... 19........................

WHEREAS a sum of Rs ................ (in words also) is payable to the claimant being the legal heir of the said..........................(hereinafter called the "the deceased")

WHEREAS the claimant claims the said sum but has not obtained probate or letters of administration or other legal authority;

WHEREAS the Government after making due inquiry is satisfied that the claimant is entitled to the said sum and that there is no provision in the General Provident Fund Act or the General Provident Fund (Kerala) Rules to split up the amount for payment upto [107][Rs. 5000] on the basis of a Heirship certificate from the Tahsildar and the balance on execution of an indemnity bond;

AND WHEREAS the Government desire to pay the said sum to the claimant but consider it necessary that the claimant should first execute a bond with two sureties to indemnify the Government against all claims to the amount so due as aforesaid to the deceased before the said sum can be paid up to the claimant;

NOW THE CONDITION of this bond is such that if, after payment has been made to the claimant, the claimant or the sureties shall in the event of a claim being made by any person other than the claimant against the Government with respect to the aforesaid sum of Rs.................... (in words also) refund to the Government the sum of Rs...............(in words also) and shall otherwise indemnify and save the Government harmless from all liabilities in respect of the aforesaid sum and all coasts incurred in consequence of any claim there to THAN the above written bond or obligation shall be void, otherwise the same shall remain in full force and virtue.

The liability of the sureties under this bond is co-extensive with that of the claimant and shall not be impaired or affected by the Government giving time or any other indulgence to the claimant or by the Government varying only the terms and conditions herein contained:

Provided further that the claimant and the sureties do hereby agree that all sums found due to the Government under or by virtue of his bond shall be recoverable jointly and severally from them and their properties both movable and immovable as though such sums are arrears of land revenue under the provisions of the Revenue Recovery Act for the time being in force and in such other manner and Government may deem fit.

Signed and delivered by the claimant

Shri/Smt...........................................................................................................

In the presence of witnesses: -

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

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

Signed by the sureties

(1)     Shri/Smt.......................................................................................................

(2)     Shri/Smt........................................................................................................

In the presence of witnesses:-

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

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

[108][Appendix 5

[See sub-rule (6) of rule 43]

Indemnity Bond

This Deed to indemnity executed on the................day.................................. one thousand nine hundred and...............by Shri ............................. (H.E. name and address of the claimants).......................... (hereinafter referred to as the "the claimants") and Shri............................... and Shri................................................... (H.E. name and address of the Sureties)........................................... (hereinafter referred to as the Sureties)..............................in favor of the Governor of Kerala (hereinafter referred to as "the Government")

Whereas the Government in G.O. (P) No. 1028/87/Fin., dated 2-12-1987 (hereinafter called the "said order" which shall form part of this deed as if incorporated herein) have specified that an Indemnity Bond in stamp paper shall be executed by the legal heirs/nominee of the employee who has disappeared, leaving behind his family, stating that all payment will be adjusted against the payment due to the employee in case he re-appears and makes any claim; And whereas a sum of Rs.................... (Rupees............................) is due to the estate of the employee who has disappeared leaving his family Shri...........................from the Government being the General Provident Fund amount at this credit.

Whereas the claimants have represented to the Government that they are legally entitled to receive the said sum they being the legal heirs/nominees of the employee who has disappeared Shri.............................and that the amount may be paid to them on their executing an indemnity bond with two solvent sureties as hereinafter appearing;

And whereas the Government have been pleased to sanction the request of the claimants subject to the condition that they should execute an indemnity bond as hereinafter appearing with two sureties to which the claimants and the sureties have agreed.

Now these presents witnesses as follows

(1)     In consideration of the payment of the said sum of Rs............. (Rupees ..........................) to the claimant the claimants and sureties hereby agree that they will at all times indemnify and keep indemnified the Government from all claims, losses and demands if, any, made or which may be made and all actions and proceedings taken or which may be taken against the Government by the employee in case he reappears and makes any claim.

(2)     The claimants and sureties hereby further agree that all sums found due to the Government under or by virtue of this bond shall recoverable jointly and severally from them and their properties movable and immovable under the provisions of the Revenue Recovery Act for the time being in force as though such sums are arrears of Land Revenue or in such other manner as the Government may deem fit.

(3)     The liability of the sureties under this deed is co-extensive with that of the claimants and shall not be impaired or affected by any variation in the terms and conditions herein contained or the Government giving time or any other indulgence to the claimants.

In witness whereof the claimants and the sureties have hereunto set their hands the day and year first above written.

Signed by Shri......................................................................................................

In the presence of witnesses: -

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

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

Signed by Shri....................................................................................................

and Shri....................................................................................................

In the presence of witness: -

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

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