(1) Admission to the General Provident Fund is compulsory for Government
servants of the following categories, namely:? (a) whole-time civil officers, superior or inferior, holding permanent and
pensionable posts or on probation drawing pay from the Consolidated Fund of the
State; (b) whole-time temporary superior servants [1][xxxxxx]
with one year's continuous service in the State, including civilian employees
of the Jammu and Kashmir Militia and those in Commercial concerns and
Institutions under the Government administration if such an employee is not
otherwise a member of the C. P. Fund.] (2) Admission to the General Provident Fund shall be optional for whole-time
Government servants- (a) in inferior service holding temporary non-pensionable posts; (b) employees of Sericulture Department, Drug Research Laboratories and
other Commercial concerns and Institutions of the Government who are members of
the C. P. Fund; [2][(c) officers on contract and re-employed pensioners.] [3][(d) whole-time workcharged employees and employees paid from
contingencies, with semipermanent and permanent status. Balances in their C. P.
Fund Account, if any, will be transferable to their G. P. Fund Account.
Government contribution with interest thereon shall be creditable to Government
Revenues.][4] (3) Admission to the General Provident Fund shall not be open to- (a) officers on deputation from other Governments; (b) work-charged establishment and establishment paid from contingencies. These rules shall take effect
from 1st Baisakh, 1981, or from such subsequent date as the scheme may be
sanctioned and introduced. An optional subscriber to the
fund may discontinue subscribing to the fund at any time, but his right of
renewing subscription shall lapse if he discontinues subscribing, except when
on leave, more than three times. If an officer entitled so
subscribe to the fund is temporarily lent to another employer, e.g., another
Native State, Local Fund, or Jagir, (Article 185 of the Jammu and Kashmir Civil
Service Regulations) he shall be subject to these rules, except where otherwise
stated, in the same manner as if he were not so lent. (1) The monthly subscription at the rate of 6V4 per cent of the salary or
presumptive pay of each officer will be compulsory but a subscriber may at his
option subscribe at higher rate. [5][The
amount of subscription so fixed maybe: (a) reduced once at any time during the course of financial year; (b) or enhanced twice during the course of the financial year; or (c) reduced and enhanced as aforesaid.] (2) Foreign service. If an officer is lent temporarily to another employer
the subscription will be calculated on his assumed pay i.e., the pay which he
would have drawn in the State from time to cime had he not been so deputed. (3) Temporary duty and deputation. In the case of an officer on a permanent
establishment who is detached on temporary duty under Article 184 of the Jammu
and Kashmir Civil Service Regulations, subscriptions should be calculated on
the salary or presumptive pay actually drawn by him in his temporary
appointment. (4) Similarly in the case of an officer on deputation, subscription should
be calculated on salary or presumptive pay plus his deputation allowance. [6][(a) A subscriber shall subscribe monthly to the Fund except during the
period when he is under suspension: Provided that a subscriber may
at his option not subscribe during any period of leave which either does not
carry any leave salary or carries leave salary equal to or less than half pay
or presumptive pay or half average salary. (b) The subscriber shall
intimate his election not to subscribe during the leave referred to in proviso
to sub-rule (a) in the following manner:? (1) 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 proceeding on
leave; (2) if he is not an officer who draws his own pay bills by written
communication to the head of his office before he proceeds on leave.
Failure to make due and timely intimation shall be deemed to constitute an
election to subscribe. (c) In the case of an officer
who exercises the option of subscribing to the Fund during leave with half or
less than half pay/presumptive pay or half average salary or leave without
allowances or on reinstatement after a period passed under suspension, the
subscription at the minimum rate of 6% should be calculated on half the
pay/presumptive pay or salary, as the case may be, last drawn by the officer
before he proceeds on such leave or was placed under suspension.] [7][(d) Omitted. (e) Omitted.] (f) Subscriptions during training will be optional. (g) So long as a loan scholar is insured under the Education Loan Rules,
he needs not necessarily subscribe to the fund. Subscriptions will be
recovered by deduction from pay bills, but they may be made by remittance in
cash, to the nearest Saddar Treasuries of Jammu and Srinagar, when an officer
is temporarily lent to another employer or is on leave without allowances and
desires to subscribe during such leave. If a Government servant fails
to subscribe to the fund from the date on which he is required to subscribe
under rule 1, the total amount due to the Fund on account of arrears of
subscription shall for purposes of recovery be treated alike with those of
advances from G. P. Fund and recovery made at 61/4 per cent of salary or
presumptive pay in addition to usual monthly subscription.][8] A subscriber shall have option
either to subscribe or stop to subscribe to G.P. Fund Account during the last
one year of his service preceding the date of retirement. In the case of person
who retire voluntarily or who are retired prematurely the option will be
available from the date of notice given by the employee or by the employees as
the case may be subscriber who exercises the option will not be sanctioned any
advance ordinary or special from the G. P. Fund from the date of his option to
the date of retirement. Non-refundable withdrawal may however be granted, if
otherwise admissible under rules. The option once exercised
shall be final. The option shall be communicated through the Head of office to
the Accounts Officer who maintains the Account of G. P. Fund.][9] A Government servant who may
not have exercised option under rule 6-B above shall stop to subscribe to the
G. P. Fund three months before his retirement. The discontinuance of subscription
will be compulsory.][10] Compound interest at 51/4 per
cent per annum will be allowed in the case of such subscribers to the Fund as
joined it before 1st Baisakh, 1983; and 31/2 per cent per annum to those who
joined the Fund thereafter. The Government, however, reserves the right of
reducing the rate of interest at any time, for officers who became subscribers
to the Fund on or after 1st Baisakh, 1983. The reduction from 4 per cent to
31/2 per cent will come into force from Baisakh, 2000. (1) [11][Subject to the provisions of this rule, the sum which accumulates to
the credit of a subscriber will, when he quits the service, become his absolute
property and will be handed over to him unconditionally on a written
application from him. In the event of a subscriber's death before retirement of
after retirement, but before the final withdrawal of the amount, the refund
shall be made on a written application from the person(s) entitled to receive
the amount as per sub-rule (2) below:] [12][Provided that a subscriber who has been dismissed or discharged from
the service [13][or
retired prematurely after attaining 48 years of age or 22 years of qualifying
service] and is subsequently reinstated in the service shall if required to do
so by the Government, repay any amount paid to him from the fund in pursuance
of this rule, with interest thereon at the rate provided in rule 7. The amount
may be repaid either in one lump or in instalments or by recovery from pay or
otherwise as may be directed by the authority competent to sanction advance for
grant of which special reasons are required to be given. The amount so repaid
shall be credited to his account in the fund. In the following cases a
subscriber may, however, be permitted to withdraw the deposits at his credit
before the actual date of his retirement on the conditions laid down against
each:? (a) a subscriber proceeding on leave preparatory to retirement, at any time
between the date of his proceeding on leave and the date of retirement, subject
to the condition that he may be required, should he return to duty at the end
of his leave, to repay to the Fund the whole amount withdrawn by him with
interest thereon at the prescribed rate; [14][Explanation. A subscriber who is granted refused leave shall be deemed
to have quit the service from the date of compulsory retirement or on the
expiry of an extension of service.] (b) a subscriber who obtains a medical certificate of incapacity for further
service, at any time between the date of his obtaining such certificate and the
date of retirement. (2) In the event of an officer's death before retirement or after
retirement, but before the money has been handed over:- (a) it will be paid to one or more members of his family in accordance with
any request that he may have submitted, in the prescribed form, which request
must state the person to whom sums intended for the benefit of minors are
to be paid, or it will be handed over to such trustees as the prescriber may
appoint by will to administer for the benefit of his widow or widows and
children the Funds standing at his credit at the time of his death; (b) failing such a request it will be divided into equal shares between his
widow or widows and children, to the exclusion of adult sons and of married
daughters whose husbands are alive any sum due to minor being paid to the
minor's legal guardian, to be used for the minors benefit or, failing a legal
guardian, to any person, who in the opinion of the officer whose duty it is to
make payment is entitled to receive it on the minor's behalf; (c) failing a widow and children entitled to participate under (b) above, it
will be distributed among other persons in accordance with any request
submitted by the subscriber in the prescribed form; and (d) if no such request has been submitted, it will be paid to the legal
representative of the estate, as determined by a civil court, having competence
to pass orders in this respect; provided that, if the sum remaining at the
credit of the depositor does not exceed Rs. 500/-, it may be paid to such person
or persons as the officer making the payment considers to be entitled thereto;
provided also that an Indemnity Bond is furnished. Explanation. Widowed mother
may, however, be permitted to be notified as a G. P. Fund beneficiary. (3) Any declaration submitted by a subscriber is revocable at any time. On a
subscriber's marriage or re-marriage any declaration already submitted by him
shall forthwith become null and void and unless a revised declaration is
received the deposits in the fund shall be dealt with under rule 8 (2)(b) or
(2)(d) of the G. P. Fund Rules, as the case may be. (4) The Government will not be bound by or recognise any assignment or
encumbrance executed or attempted to be created by an officer during his
service, but will recognise to the extent shown in clause (2) (a) above any
arrangement which a subscriber may make for the disposal by will of the funds
standing at his credit. (5) The sum at credit of the officer is not liable to forfeiture on
dismissal or on conviction by a criminal court, except for an offence for which
the penalty of forfeiture of whole of the offenders property is prescribed by
law. [15][(6) An application form for final payment of balances in the G.P. Fund
Account of a subscriber shall be made in revised G.P.F. Form 10 as prescribed
in Schedule II of these rules. In respect of a deceased subscriber the claim by
the nominees or other claimants shall be made in G.P.F. Form 10-A.] If a Government servant who is
a subscriber to the Contributory Provident Fund is permanently transferred to
pensionable service under Government- (i) the amount of subscription with interest thereon standing to his credit
in Contributory Provident Fund at the date of transfer shall be transferred to
his credit in the fund; (ii) the amount of Government contribution with interest thereon standing to
his credit in such Contributory Provident Fund shall be repaid to Government
and credited to General Revenues; and (iii) he shall in exchange be entitled to
count towards pension such part of period during which he contributed to such
Contributory Provident Fund as the Government may determine. If a subscriber to the fund is
subsequently admitted to the benefits of the Contributory Provident Fund, the
amount of his subscription together with the interest thereon, shall be
transferred to the credit of his account in the Contributory Provident Fund. (1) Subject to the condition specified therein withdrawals may be sanctioned
by the authorities competent to sanction an advance as per Note 6 to rule 9, at
any time after the completion of 25 years of service (including broken periods
of service, if any,) of a subscriber or within 5 years before the date of his
retirement on superannuation, whichever is earlier, from the amount standing to
his credit in the fund, for one or more of the following purposes, namely:- (i) building or acquiring a suitable house for his residence including the
cost of the site or re-constructing or making additions or alterations or
repairs to a house owned or acquired by a subscriber repaying any outstanding
amount on account of loan including the loans under Government Housing Schemes,
expressly taken for this purpose; and (ii) for marriage of a son or a daughter of the subscriber or any other
female relation dependent on him;][16] [17][(iii) only one final withdrawal can be allowed for the same purpose. In this context, the marriage
of different daughters/sons or female relations dependent on the subscriber
shall not be treated as the same purpose. In case where subscriber has to pay
in instalments for building or acquiring a suitable house including the cost of
the site or reconstructing or making additions through a House Building
Cooperative Society or similar agency, he shall be permitted to make a
withdrawal as and when he is called upon to make a payment in any instalment.
Every such payment shall be treated as a payment for separate purpose. An advance and the final
withdrawal for the same purpose should not be sanctioned together. In other
words, a subscriber should be granted either an advance or a final
withdrawal for the same purpose subject to the condition mentioned in rules 8-C
(1) and 8-C(2):] Provided that the sum
withdrawn at a time for one or more purposes from the amount standing to his
credit in the fund shall not ordinarily exceed one-half of such amount or six
month's pay whichever is less. The sanctioning authority may, however, sanction
the withdrawal of an amount in excess of this limit up to 3/4 of the balance at
his credit in the fund having due regard to (i) the status of the subscriber,
and (ii) the amount to his credit in the fund. [18][(2) A subscriber who has been permitted to withdraw money from the fund
for the purpose cited above shall satisfy the sanctioning authority within a
reasonable period as may be specified by that authority that the money has been
utilised for the purpose for which it was withdrawn, and if he fails to do so,
the whole of the sum so withdrawn shall forthwith be repaid in one lump sum
together with interest thereon, at the rate determined under rule 7, 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 in such
instalments as may be determined by the sanctioning authority.] [19][(2-A) A competent authority may sanction a non-refundable advance at
any time within 6 months of the date of retirement of a Government servant for
acquisition of farm and/or business premises.] [20][(3) xxxxxxx] (1) The appropriate sanctioning authority (see note 6 below) may sanction
the payment to any subscriber of an advance consisting of a sum of whole rupees
not exceeding in amount three months salary/presumptive pay or half the amount
standing to his credit in the fund, whichever is less for one or more of the
following purposes:? (a) to pay expenses incurred in connection with the illness of a subscriber,
a member of his family, or a person wholly dependent upon him; (b) to pay for the educational expenses in connection with special and technical
training outside the State of himself, a member of his family or a person
wholly dependent on him; (c) to pay expenses in connection with marriage, pilgrimage outside the
State, funerals or ceremonies, (such as Zunarbandi, tonsure etc. which by the
religion of the subscriber, it is incumbent upon him to perform and in
connection with which it is obligatory that expenditure should be incurred) of
himself, a member of his family or a person dependent upon him; (d) to meet 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 have been done by him in the discharge
of his official duty, 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 sub-clause 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 upon him; (e) to meet the cost of his defence where the subscriber is prosecuted by
Government in any Court of Law or where the subscriber engages a legal
practitioner to defend himself in any enquiry in respect of any alleged
official misconduct on his part; and (f) to meet the cost of repairing or making additions or alterations to a
house already owned by him or building or acquiring a suitable house for his
residence including the cost of the site or repaying any outstanding amount
on account of loan expressly taken for this purpose from the Government,
provided that no final withdrawal from the fund has been made to the subscriber
for this purpose. (2) An advance shall not, except for special reasons to be recorded in
writing, be granted to any subscriber in excess of the limit laid down in
sub-rule (1) or until repayment of the last instalment of any previous advance.][21] Notwithstanding anything
contained in Note 6 below rule 9 (2) all Major Heads of Departments shall be
competent to sanction advances for special reasons to all employees subordinate
to them. Officers other than Major Heads of Departments to whom such powers
stand delegated at present shall continue to exercise the same as heretofore.][22] [23][Deleted.] (i) An advance shall be recovered from the subscriber in such number of
equal monthly instalments as the sanctioning authority may direct but such
number shall not be less than twelve unless the subscriber so elects, or in any
case, more than twenty-four. A subscriber may, at his option, repay more than
one instalment in a month. Each instalment shall be a number of whole rupees,
the amount of the advance being raised or reduced, if necessary, to admit of
the fixation of such instalments. (ii) Recoveries will be made monthly, commencing from the first payment of a.
full month's salary or presumptive pay after the advance is granted but no
recovery will be made from an officer while he is on leave of any kind. [24][(iii) Recoveries will be made monthly, commencing from the first
payment of full month's salary/presumptive pay after the advance is granted but
no recovery shall be made except with the subscriber's consent while he is on
leave or in receipt of subsistence grant and may be postponed, on the
subscribers written request, by the sanctioning authority during the recovery
of an advance of pay granted to the subscriber, except in the case of
Government servants working in moving offices who can avail the concession only
once in a period of 3 years.] [25][Recovery may also be kept in abeyance for the duration of repayment of
house building advance or loans under Low/Middle Income Group Housing Scheme.] (iv) The instalments will be paid by compulsory deductions from salary
or presumptive pay and will be in addition to the usual subscriptions. (v) Recovery of advances during training may be postponed. [26][(vi) There is no restriction imposed on the number of advances which
may be granted to a subscriber from G. P. Fund accumulations. Where there is an advance
running, it should be consolidated when a second advances is sanctioned under
rule 9 (2) and subsequent instalments for recovery of advances should be fixed
with reference to the consolidated amount. However, if one or more than
one advance is outstanding on the date of issue of this Notification they will
continue to be recovered in the number of instalments already fixed till a fresh
advance is applied for when the outstanding balance on that date will be
consolidated.] A subscriber who does not
withdraw any amount from the G. P. Fund account during the preceding three
years commencing from 1st April, 1981 shall be allowed incentive bonus at the
rate of one per cent on the entire balance at his credit. The amount of bonus
shall be rounded to the nearest rupee (50 paisa counting as the next rupee.)
The term "withdrawal" for purposes of this rule shall be both
temporary as well as non-refundable withdrawal. Payment towards policy of Life
Insurance shall not, however, be constituted as withdrawal from the fund for
purposes of this rule. Bonus so calculated shall he
credited to the account of the subscriber and shall be in addition to the
interest allowed on the balance lying to the credit of his account. The
amount of bonus shall be debited to the Head of Account 249-Interest
payment-C/Interest on Small Savings, Provident Fund etc. Incentive Bonus to the
Provident Fund Subscribers.][27] (i) On the death of a subscriber in service, the person(s) eligible to
receive Provident Fund balance in terms of the relevant rules will be
sanctioned an additional amount equal to the average balance in the account of
the deceased Government servant in the Fund during the three years immediately
preceding the death of the employee subject to the provisions of sub-para (ii)
below:- (ii) The above benefit will be available subject to the fulfillment of the
following conditions:- (a) The balance in the account of the Government servant should not have
fallen below the following limits at any time during three years preceding the
date of death:? Rs. 4,000 in the case of
Gazetted Officers. Rs. 3,000 in the case of Non-Gazetted
Officers. Rs. 1,000 in the case of Class
IV employees. (b) The upper limit up to which the benefit of insurance cover will be
available will be Rs. 10,000. Thus any amount in excess of Rs. 10,000 in the
Fund will be disregarded for the purpose of this extra benefit. (c) The benefit would be admissible only if an employee has put in at least
five years service at the time of death. (d) The payment of additional benefit provided in the scheme will be made
without any sanction to the person (s) entitled to receive the Provident Fund
money at the time of making final payment to the Provident Fund balances, by
the same authority which authorises final payment from the fund. (e) The period of three years for calculation of benefit under the scheme
may be computed backwards from the month preceding the month in which death
occurs. (f) Where a subscriber hold post/posts borne on different services viz.,
Gazetted, Non-Gazetted etc. during the 36 months immediately preceding death,
the appropriate minimum qualifying balance in respect of such a deceased
subscriber would be the one relating to the service in which he holds the post
(s) for the greater part of the said 36 months. (g) The expression "balance" and "average balance" mean
the employees' subscription and interest thereon up to the month preceding the
month in which death occurs. (h) The expenditure under this scheme will be debited under Major-Head
288-Social Security and Welfare-E-Other Social Security and Welfare
Programmes.][28] Subscriptions to a recognised
family pension fund or payments towards a policy of insurance may be
substituted for subscriptions to the General Provident Fund at the option of
subscribers, subject to the following conditions:? (i) If the total amount of any subscriptions or payments to be so
substituted is less than the amount of the minimum subscription payable to the
fund under rule 4(1) the difference shall be rounded to the nearest rupee
(eight annas counted as the next higher rupee and the amount below eight annas
ignored) and paid by the subscriber as subscription to the Fund; (ii) An insurance policy must be on the officer's own life in which case it
is immaterial what form the policy takes, i.e., it may be a life or an endowment
or double endowment policy. The policy must be assigned to Governor and sent to
the Accountant General for custody. (iii) The Government will not make any payment on behalf of officers to
insurance companies, nor will they take steps to keep the policy alive. If an
officer records on his salary bill that he is making payments to an insurance
company or to a pension fund of not less amount than 6.25 per cent of his
salary the Accountant General will content himself by demanding periodically to
see the receipts or certified copies of the receipts showing that such payments
have been made. Failing such receipts he will make the necessary deduction from
the officer's salary and place it to his credit in the Provident Fund. Should
officers prefer to do so, they may make the usual deduction from their pay
bills for credit to the Provident Fund and arrange with the Accountant General
to draw from the fund, at stated intervals, the sums necessary to pay
quarterly, half-yearly, or yearly premia. (1) Save as provided by rule 12-C when the subscriber- (a) quits the service; or (b) has proceeded on leave preparatory to retirement and applies to the
Accountant General for re-assignment or return of the policy; or (c) while on leave has been permitted to retire or declared by a competent
medical authority to be unfit for further service and applies to the Accountant
General for re-assignment or return of the policy; or (d) pays or repays to the fund whole of any amount withheld or withdrawn
from the fund under rule 12, the Accountant General shall, if the policy
has been assigned to Government under rule 12, re-assign the policy in the
first form set forth in the first 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
Insurance Company: Provided that if the
subscriber, after proceeding on leave preparatory to retirement or after being,
while on leave, permitted to retire or declared by a competent medical
authority to be unfit for further service returns to duty, any policy so
re-assigned or shall if it not matured or been assigned to encumbered in any
way, be again assigned to Governor and delivered to the Accountant General, and
thereupon the provisions of these rules shall, so far as may be again apply in
respect of the policy: Provided further that if the
policy has matured or been assigned or charged or encumbered in any way the
provision of Note (3) to rule 12(ii) applicable to a failure to assign a policy
shall apply. (2) Save as provided by rule 12-C when the subscriber dies before quitting
the service, the Accountant General shall, if the policy has been assigned to
Governor under rule 12, re-assign the policy in the second form set forth in
the first Schedule to such persons as may be legally entitled to receive it,
and shall make over the policy to such persons together with a signed notice of
the re-assignment addressed to the Insurance Company. If a policy assigned to
Governor under rule 12 matures before the subscriber quits the service and
before his death, or if a policy on the joint lives of a subscriber and the
subscriber's wife or husband, assigned under the said rule falls due for payment
by reason of the death of the subscriber's wife or husband, the Accountant
General shall, save as provided by rule 12-C, proceed as follows:- (i) if the amount assured together with the amount of any accrued bonuses is
greater than the whole of the amount withheld or withdrawn, from the fund in
respect of the policy, the Accountant General shall re-assign the policy
in the 3rd form set forth in the first 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
Insurance Company pay or repay to the fund whole of any amount withheld or
withdrawn and in default the provisions of Note 3 under rule 12(ii) applicable
to a failure to assign a policy shall apply; (ii) if the amount assured together with the amount of any accrued bonuses is
less than the whole of the amount withheld or withdrawn, the Accountant General
shall realise the amount assured together with any accrued bonuses and shall place
the amount so realised to the credit of the subscriber in the Fund. If the Accountant General
receives notice of- (a) an assignment (otherwise than an assignment to Governor), or (b) a charge or encumbrance on, or (c) an order of a Court restraining dealings with the policy, or any amount
realised thereon, the Account General shall not- (i) re-assign the policy as provided in rule 12-A, or (ii) realise the amount assured by the policy provided in rule 12-B but shall
forthwith refer the matter to Government. The Government reserves to
itself the power to amend or alter the rules as may be required. The deposits received under
the foregoing rules will be credited on the books of the Accountant General of
the State to an account named "General Provident Fund," the general
administration of which will rest with him. A depositor must when paying
his subscription, whether his subscriptions to the fund are recovered by
deduction from bills, or paid in cash, specify the number of his account
which will be communicated to him by the Accountant General. Interest under rule 7 will be
allowed for each calendar month upon the minimum balance of depositor's account
between the close of fourth day and the end of the month. It will be added to
the principal at the end of the official year except when the account is to be
finally closed. As soon as possible after the
close of each year, each depositor will receive a statement of his account with
interest made up to the end of March. Depositors are required to satisfy
themselves as to the correctness of these statements and unless errors in them
are brought to the notice of the Accountant General within one month from the
date of their receipt, State will not be responsible for any sums not included
in the account. A Pass Book in the form
prescribed in Schedule III appended to these rules will be maintained in
respect of each subscriber in which shall be recorded all transactions
pertaining to the monthly subscriptions, withdrawals, advances from the funds
and recovery thereof and the interest accrued thereon. The following instructions
should be followed in maintaining these pass books:? (i) the pass book will be kept under the custody of the subscriber himself; (ii) 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 passbook after verifications. In the case of
non-gazetted officer, the disbursing officer will make the entries in the
passbook under his attestation; (iii) printed copies of the passbooks are available with the Manager,
Government Press, Srinagar/Jammu for sale and a subscriber shall pay for it in
cash.][29] Any depositor may, once in the
official year but not often receive an application to the Accountant General, a
copy of his account for the last official year and for so many months of the
current year as may have been posted and agreed. The Accountant General will
endeavor to secure by the issue of reminders that all depositors shall submit
in the prescribed form the "request" about nominees as required by
rule 8. Any depositor intending to revise his declaration should at once inform
the Accountant General. All such declarations still in force should be
carefully recorded in the office of the Accountant General? (1) a subscriber who at the time of joining the fund has a family, shall
send to the Accountant General a nomination in Form No. T. 169 in favour of one
or more members of his family; (2) a subscriber who has no family shall similarly nominate a person or
persons in Form No. T. 169; provided that nomination made under this sub-rule
shall be deemed to have been duly made in accordance with these rules only, for
so long as the subscriber has no family; (3) if a subscriber at any time acquires a family he shall send to the
Accountant General a nomination as provided in sub-rule (1) and if he has under
sub-rule (2) nominated any person other than a member of his family he shall
formally cancel the previous nomination; (4) a subscriber may in his nomination distribute the amount that may stand
to his credit in the fund amongst his nominees at his own discretion; (5) a nomination shall take effect to the extent that it is valid on the
date on which it is received by the Accountant General; (6) on the death of a nominee subscriber shall make a fresh nomination. Sums remaining unclaimed for a
period exceeding 6 months should be transferred to deposits at the end of each
year, and be dealt with under the ordinary rules relating to
"deposits". Deductions of subscription
should be clearly shown in each salary or establishment bill, supported in the
latter case by a detailed list, in which the serial number, name, designation,
rate of salary drawn for the month and the amount of subscription etc. of the
incumbent should be shown. The total amount of deductions shown therein should
agree with the total amount deducted from the bill. The following certificate
by the Head of the Office or Department would accompany:? "I certify that, keeping
in view rule 1 of the General Provident Fund Rules, the persons from whom no
deductions on this account have been made in the bill are either those who are
exempted by the rule or are making payments to an Insurance Company or to a
pension fund of not less amount than 6.25 per cent of their salary as detailed
against each person". The Treasury Officer is in no
way concerned with the amount or rate of subscription. He will accept any
amount tendered or deducted:? (1) In case of deduction from all bills the full amount of the bill should
be charged in the Treasury or Divisional Forest or P. W. Account and credit per
contra given by the paying officer for the deduction to civil under head
"General Provident Fund". A separate Schedule in Treasury Form No. 77
will be sent by such officer to the Accountant General which will clearly show
the date and amount of each receipt and the name and designation of the person
on whose behalf it is received. In cases of subscription paid by the deduction
from the establishment bills, the total amount for each of the establishment
bills supported by the detailed list duly signed by the Head of the Office or
Department concerned will be furnished. (2) When a subscriber to the fund whose subscriptions are realized by
deduction from salary or pay bill is transferred to another district, the
Treasury Officer of the district he is leaving (or the Head of the Department
in case of non-gazetted officers), will certify on his last pay certificate the
fact that he is already subscribing to the fund and the date up to which
subscription has been realized. (1) Compulsory subscription to the fund shall not be liable to any
attachment under any decree or order of a court of justice in respect of any
debt or liability incurred by subscriber to the fund and a receiver appointed
under Order XXI-A of the Code of Civil Procedure shall not be entitled to or
have any claim on any such compulsory subscription. (2) Any sum standing to the credit of any subscriber to the fund at the time
of his decease and payable under the rules of the fund to the widow or the
children, or partly to the widow and partly to the children of the subscriber
or to such person as may be authorised by law to receive payment on her or
their behalf shall vest in the widow or the children, as the case may be, free
from a debt or other liability incurred by the deceased or incurred by the
widow or by the children or by anyone or more of them before the death of such
subscriber. No suit or other legal
proceeding shall lie against any person in respect of anything done in good
faith or intended to be done in pursuance of these rules. [1] Omitted by
SRO-676 dated 27-9-1972. [2] Inserted
ibid. [3] Inserted
vide SRO-104 dated: 9-3-1973 (with effect from 1-1-1972). [4] Recast by
SRO-280 dated 11-10-1962. [5] Recast
vide SRO-262 dated 31-5-1977. [6] Sub-rules
(a), (b) and (c) substituted by SRO-356 dated: 8-7-1969. [7] Sub-rules
(d) and (e) omitted vide SRO 356 dated 8-7-1969. [8] Inserted
by SRO-158 dated: 2-8-1962. [9] Inserted
and recast by SRO-313 dated 8-6-1978. [10] Inserted
by SRO-2 dated: 1-1-1986. [11] Recast by
SRO-385 dated: 15-9-1966. [12] Inserted
by SRO-323 dated: 17-8-1968. [13] Inserted
by SRO-524 dated: 21-9-1979. [14]
Explanation inserted by SRO-89 dated 2-3-1963. [15] Recast by
SRO 471 dated 18-10-1999. [16] Inserted
by SRO-207 dated: 12-5-1966. [17] Sub-rule
(iii) inserted by SRO-492 dated 16-12-1968. [18] Inserted
by SRO-176 dated: 24-6-1964. [19] Inserted
by SRO-373 dated: 30-5-1972. [20] Deleted by
SRO-535 dated: 11-4-1974. [21] Inserted
by SRO-20 dated: 18-1-1965. [22] Inserted
by SRO-156 dated: 3-4-1975. [23] Rule 10
deleted by SRO-20 dated: 18-1-1965. [24] Recast by
SRO-20 dated: 18-1-1965. [25] Inserted
by SRO-377 dated: 18-9-1965. [26] Recast
vide SRO-668 dated: 29-12-1973. [27] Inserted
by SRO-261 dated: 31-5-1977 and subsequently recast by SRO-582 dated:
14-12-1983. [28] Inserted
by SRO-314 dated: 8-6-1978 (w.e.f 1-1-1978.). [29]
Rules 17-A inserted by SRO-158 dated 14-4-1966.THE GENERAL PROVIDENT FUND RULES, SVT. 1981