employees provident fund rules

8/19/2019 Employees Provident Fund Rules

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NHPC LTD. EMPLOYEES' PROVIDENT FUND RULES

CHAPTER - I

PRELIMINARY

1. NAME OF THE FUND

1.1 The Fund shall be called "National Hydroelectric Power CorporationLimited Employees' Proident Fund" New !elhi to be brie#ly named as"NHPC EP Fund". These $ules will come into #orce with e##ect #rom1.%.1&( )e*istin+ $ules reco+nised under ,ncome Ta* -ct 1&1 upto/1./.1&(0

2. DEFINITIONS

.1 "Corporation" means the National Hydroelectric Power Corporation

Limited )includin+ the Pro2ects34nits35##ices0 and any o# its dulyauthorised 5##icers actin+ #or and on behal# o# the Corporation6

. "Fund"3"Proident Fund" means the National Hydroelectric Power Corporation Limited Employees' Proident Fund6

./ "75-$!" means the 7oard o# Trustees6

.% "Trustee" means a member o# the 7oard o# Trustees6

.( "Chairman" means the Chairman o# the 7oard o# Trustees6

. "8ecretary" means the 8ecretary o# the 7oard o# Trustees6

.9 ":ember" means a member o# the Fund6

. "7asic ;a+es" means all emoluments which are earned by anemployee while on duty or on leae with wa+es in accordance with theterms o# the contract o# employment and which are paid or payable incash to him but does not include <

..1. The cash alue o# any #ood concession6

... -ny !earness -llowance )that is to say all cash payments by whateer name called paid to an employee on account o# a rise in the cost o# liin+0 house rent allowance oertime allowance bonus commission or any other similar allowance payable to the employee in respect o# hisemployment or o# wor= done in such employment6

../. -ny presents made by the employer.


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.&. "Contribution" means a contribution payable in respect o# a member o# the Fund by the member and the Corporation6

.1> "Family" means <

.1>.1 ,n the case o# a male member his wi#e his children whether married or

unmarried his dependent parents and his predeceased son's widow andchildren6

Proided that i# a member proes that his wi#e has ceased under thepersonal law +oernin+ him or the customary law o# the community towhich the spouses belon+ to be entitled to maintenance she shall nolon+er be deemed to be a part o# the member's #amily #or the purpose o# these $ules unless the member subse?uently intimates by e*pressnotice in writin+ to the 7oard o# Trustees that she shall continue to be sore+arded6 and

.1>. ,n the case o# a #emale member her husband her children whether married or unmarried her dependent parents her husband's dependent

parents and her deceased son's widow and children6Proided that i# a member by notice in writin+ to the 7oard o# Trusteese*presses her desire to e*clude her husband #rom the #amily thehusband and dependent parents shall no lon+er be deemed to be a parto# the member's #amily #or the purpose o# these $ules unless themember subse?uently cancels in writin+ any such notice6

EXPLANATION

,n any o# the aboe two cases i# the child o# a member. or as the casemay be the child o# a deceased son o# the member has been adoptedby any other person and i# under the personal law o# the adopteradoption is le+ally reco+nised such a child shall be considered e*cluded#rom the #amily o# the member6

.11 "Children" means le+itimate children and includes adopted children i# theTrustees are satis#ied that under the personal law o# the memberadoption o# a child is le+ally reco+nised6

.1 "Financial @ear" means the year commencin+ on the #irst day o# -pril6

.1/ "-pprentice" means a person who accordin+ to the certi#ied 8tandin+

5rders o# the Corporation is an apprentice or who is declared to be anapprentice by the authority speci#ied in this behal# by the appropriateAoernment6

.1% "Chairman and :ana+in+ !irector" means the Chairman and :ana+in+!irector o# the Corporation6

.1( "Commissioner" means a Commissioner #or Employees Proident Fundappointed under the Employees Proident Fund 8cheme 1&(.


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.1 "Continuous 8erice" means uninterrupted serice under the Corporationand includes serice which is interrupted by sic=ness accidentauthorised leae stri=e which is not ille+al or cessation o# wor= not dueto the employee's #ault6

.19 "Employee" means any person who is employed #or wa+es in any =ind o# wor= manual or otherwise in or in connection with the wor= o# theCorporation and who +ets his wa+es directly or indirectly #rom theemployer and includes any person employed by or throu+h a Contractor in or in connection with the wor= o# the Corporation6

.19.1 The terms "Employee" will include "!aily $ated Employees" and -pprentices )not bein+ one en+a+ed under the -pprentices -ct 1&1 or under ,ndustrial Employment )8tandin+ 5rders0 -ct 1&%. He38he shallbe entitled and re?uired to become a member o# the #und #rom the date

o# 2oinin+ the Corporation..19. The terms 'Employee' shall not include employees o# Aoernment

!epartments and other ,ndustrial concerns wor=in+ with the Corporationon deputation or on #orei+n serice terms6

.1 "E*cluded Employees" means an employee who hain+ been a member o# the Fund withdrew the #ull amount o# his accumulations in the Fundunder the $ules +oernin+ #inal settlement o# accounts in respect o# superannuation or mi+ration #or permanent settlement abroad6

.1& "Employer" shall mean Head o# the Pro2ect34nit35##ice concerned or anyother o##icers so authorised to act on behal# o# any o# the aboementioned o##icers by the Chairman B :ana+in+ !irector6

.> "Family Pension Fund" means the Family Pension Fund establishedunder the Family Pension 8cheme6

.1 "Family Pension 8cheme" means the Employees Family Pension8cheme #ramed under section - o# the Employees Proident Fundsand :iscellaneous Proisions -ct 1&(6

. ",nsurance Fund" means the !epositLin=ed ,nsurance Fund established

under sub section )0 o# 8ection C o# Employees Proident Funds B:iscellaneous Proisions -ct 1&(6

./ ",nsurance 8cheme" means the Employee' deposit Lin=ed ,nsurance8cheme #ramed under 8ubsection)10 o# 8ectionC o# EmployeesProident Funds B :iscellaneous Proisions -ct 1&(6


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.% "8cheme" means the Employees Proident Fund 8cheme #ramed under 8ection( o# Employees Proident Funds B :iscellaneous Proisions

-ct 1&(6

.( "-ct" means Employees' Proident Funds B :iscellaneous Proisions

-ct 1&(6

. "Aoernment 8ecurity" shall hae the meanin+ assi+ned to it in thePublic !ebt -ct 1&%%.

.9 "Duarter" means a period o# three months commencin+ on the #irst dayo# anuary the #irst day o# -pril the #irst day o# uly and the #irst day o# 5ctober o# each year6

. -ll other words and e*pressions not de#ined herein shall hae therespectie meanin+ assi+ned to them in the Employees' Proident FundsB :iscellaneous Proisions -ct 1&( and the Employees' ProidentFund 8cheme 1&(.

3. FUND CONSTITUTED UNDER AN IRREVOCABLE TRUST

/.1 The Fund shall be constituted under a Trust which shall be irreocablesae with the consent o# all the bene#iciaries and sae in the casesprescribed by 8ection ( )c0 )10 )#0 o# the ,ncome Ta* -ct. No moneybelon+in+ to the Fund in the hands o# the Trustees shall be recoerableby the Corporation under any prete*t whatsoeer nor shall theCorporation hae any lien or char+e o# any description on the same

sae as herein proided.

/. The #und shall consist o#6

/..1 Contributions to be paid by the members under these rules.

/.. Contributions to be made by the Corporation under these rules.

/../ ,nterest and diidend which the inestment o# money #ormin+ the Fund#rom time to time may yield6

/..% 7alance trans#erred #rom any other Proident Fund reco+nised by theCommissioner o# Proident Fund3Commissioner o# ,ncome Ta* includin+trans#er o# A P F where such trans#ers are acceptable under these rules6

/..( 8ums #or#eited to the Fund under these $ules6

/.. -ny contributions o# a contin+ent nature made by the Corporationsub2ect to the proisions o# the Employees' Proident Funds and:iscellaneous Proisions -ct 1&( and

/..9 -ny capital +ain arisin+ #rom the sale e*chan+e or trans#er o# capitalassets.


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CHAPTER - II

BOARD OF TRUSTEES

4. MANAGEMENT

%.1 The custody control and mana+ement o# the Fund shall be ested in a

7oard o# Trustees constituted by the Corporation which shall operatecentrally at the Corporate 5##ice. The 7oard o# Trustees may dele+atepowers to any employee o# the Corporation #or day to day operation o# theTrust at the Corporate 5##ice3Pro2ects34nits.

%.1.1 ;hereer separate Trusts hae been #ormed3setup in any o# thePro2ects34nits o# the Corporation the same will automatically +et mer+ed 3amal+amated in the 7oard o# Trustees bein+ constituted centrally under


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these $ules.

%.)a0 The 7oard o# Trustees shall consist o# an e?ual number o# representatieso# the employer and the employees6 proided that total number o# Trusteeswill neither be less than % nor more than 1. The e*act number o# seats

and the manner in which seats will be distributed amon+st ariousPro2ects34nits o# the Corporation )includin+ the Corporate 5##ice0 shall bedecided by the Chairman o# 7oard o# Trustees and the same will benoti#ied. The number o# Trustees o# the 7oard shall be so #i*ed as to a##ordas #ar as possible representation to wor=ers in Pro2ects34nits 5##ices o# theCorporation. ,n case o# dispute i# any the decision o# the $e+ionalProident Fund Commissioner will be #inal.

%.)b0 $epresentaties o# the employer shall include an e*ecutie o# the Financeand -ccounts !epartment at Corporate 5##ice not below the ran= o# 8enior :ana+er who shall be the Chairman and the 5##icerinChar+e o# the

Proident Fund at Corporate 5##ice shall be the 8ecretary o# the 7oard o# Trustees. The remainin+ Trustees will be nominated by the Chairman B:ana+in+ !irector.

%..)c0 $epresentaties o# the employees shall be elected by the members o# theFund in an election to be held #or the purpose on any day6

Proided that whereer there is a reco+nised 4nion under Code o# !iscipline or under any -ct such 4nions shall nominate the employeesrepresentaties6

Proided #urther whereer there is no reco+nised 4nion under Code o# !iscipline or under any -ct and more than one $e+istered 4nions are#unctionin+ only the 4nion with the lar+est number o# members but withminimum o# 1( membership shall hae the ri+ht to nominate employeesrepresentaties and in case there is only one $e+istered 4nion#unctionin+ it shall hae the ri+ht to nominate the employees'representaties on the 7oard o# Trustees i# it has a minimum o# 1(membership.

%./ The 7oard o# Trustees shall employ or nominate an "E*ecutie 5##icer" ateach Pro2ect34nit who sub2ect to its +eneral superintendence and control

shall #unction as their e*ecutie o##icer to deal with such matters pertainin+to administration mana+ement accountin+ etc. o# the Fund as areauthorised by the 7oard o# Trustees under these $ules. The "E*ecutie5##icer" may be inited to any meetin+ o# the 7oard o# Trustees toparticipate in its deliberations but shall not be entitled to ote.

5. PROCEDURE OF ELECTION OF EMPLOYEES' REPRESENTATIVES


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TO ACT AS TRUSTEES

(.1 For election o# employees' representaties as Trustees the under notedprocedure shall be #ollowed.

(.1.1 PROCEDURE FOR ELECTION

The employer shall #i* a date #or receiin+ nominations #rom thecandidates #or election as employees' representaties. He shall also #i* adate #or withdrawal o# nominations and the date o# election which shall notbe earlier than three days or later than ten days a#ter the closin+ o# thedate #or withdrawal o# nominations. The date so #i*ed shall be noti#ied tothe members at least seen days in adance. The notice shall be a##i*edon the Notice 7oard)s0 o# all the Pro2ects34nits35##ices o# the Corporation)includin+ the Corporate 5##ice0. The Notice shall also speci#y the number o# seats to be #illed by the employees representaties. The election noticeand procedure shall be published3conducted in the re+ional lan+ua+ebesides in En+lish. - copy o# such notice shall also be sent to the

reco+nised Trade 4nions)s0 concerned in the Corporation and to the$e+ional Proident Fund Commissioner concerned.

(.1. QUALIFICATIONS OF CANDIDATES FOR ELECTION

-ny employee o# the Corporation who is a member o# the Fund and who isnot less than 1 years o# a+e may i# nominated as hereina#ter proidedunder these $ules be a candidate #or election as an employees'representatie. -n out+oin+ Trustee shall be eli+ible #or reelection or renomination as the case may be.

(.1./ NOMINATION OF CANDIDATES FOR ELECTION

Eery nomination shall be made in the Form anne*ed to these $ules) -ppendi*,0. Each nomination shall be si+ned by the candidate to whom itrelates and attested by atleast two members o# the Fund other than theproposey. This #orm duly completed should reach the $eturnin+ 5##icer tobe appointed by the employer on or be#ore the closin+ date #i*ed #or receiin+ the nominations.

(.1.% SCRUTINY OF NOMINATION PAPERSThe $eturnin+ 5##icer shall scrutinise the nomination papers so receiedon the ne*t wor=in+ day #ollowin+ the closin+ date o# nominations. Thecandidate or his representatie may be present i# they so desire.,ncomplete3inalid nomination papers shall be re2ected.

(.1.( VOTING IN ELECTION

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i. ,# the number o# candidates who hae been alidly nominated is e?ualto the number o# seats the candidates shall #orthwith be declaredduly elected.

ii. ,# the number o# candidates is more than the number o# seatselection shall be conducted by the $eturnin+ 5##icer appointed #or the

purpose by the employer.iii. The election shall be conducted in the presence o# an 5##icer i# so

deputed by the $e+ional Proident Fund Commissioner to whom a#ormal intimation will be sent about such election.

i. Eery member o# the Fund shall hae as many otes as there areseats o# the employees' representaties to be #illed on the 7oard6

Proided that each member shall be entitled to cast only one ote in #aour o# any one candidate.

(.1. The otin+ shall be by secret ballot.

. TERM OF OFFICE

.1 The term o# o##ice o# the Trustees shall be three years commencin+ #romthe date o# their nomination3election proided that any such Trustee shallnotwithstandin+ the e*piry o# the said period o# three years continue tohold o##ice until the nomination o# his successor is made.

. -n out+oin+ Trustee shall be eli+ible #or re nomination3reelection.

!. CHANGE OF TRUSTEES

9.1 ,n the eent o# a Trustee resi+nin+ his o##ice or a Trustee bein+ unable tocontinue in o##ice conse?uent upon death retirement resi+nation o# serice trans#er or otherwise his acancy shall be #illed in and anyTrustee so nominated3elected in such a acancy shall hold o##ice #or theremainder o# the term o# o##ice o# the Trustee in whose place he is sonominated3elected.

9. ,n the eent o# a Trustee elected or nominated ceasin+ to be a Trusteedurin+ the tenure o# the 7oard his successor shall be elected or nominated as the case may be in the manner hereinbe#ore proided #or nomination or election6 Proided that the Trustee so elected 3 nominatedshall hold o##ice #or une*pired term o# the 7oard o# Trustees.

". RESIGNATION

.1 - Trustee may resi+n his o##ice by a letter in writin+ addressed to theChairman and his o##ice shall #all acant #rom the date on which hisresi+nation is accepted by the Chairman.


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#. CESSATION AND RESTORATION OF TRUSTEESHIP

&.1 - Trustee ceases to be a Trustee on the 7oard i# he6

i. ceases to be an employee o# the Corporation6

ii. ceases to be a member o# the Fund6

iii. incurs any o# the dis?uali#ications mentioned in $ule 1>6

i. #ails to attend three consecutie meetin+s o# the 7oard withoutobtainin+ leae o# absence #rom the Chairman o# the 7oard o# Trustees6

.is a nominee o# representatie or reco+nised 4nion or 4nion ceasesto be representatie or reco+nised6

Proided that the Chairman o# the 7oard o# Trustees may restore him totrusteeship i# he is satis#ied that there were reasonable +rounds #or suchabsence.

1$. DISQUALIFICATIONS FOR TRUSTEESHIP

1>.1 - person shall be dis?uali#ied #or bein+ nominated as or #or bein+ aTrustee6

i. ,# he is declared to be o# unsound mind by a competent court.

ii. ,# he is an undischar+ed insolent6 or

iii. ,# be#ore or a#ter the commencement o# these $ules he has beenconicted o# an o##ence inolin+ moral turpitude6 or

i. ,# he ceases to be an employee o# the Corporation.

1>. ,n case o# any dispute or doubt the matter shall be re#erred to the$e+ional Proident Fund commissioner in whose re+ion the Corporate5##ice or the Pro2ect34nit35##ice is situated. His decision in the matter shallbe #inal and bindin+.

1>./ The employer may remoe #rom o##ice any Trustee i# in his opinion suchTrustee has ceased to represent the interest which he purports torepresent on the 7oard a#ter +iin+ him a reasonable opportunity o# ma=in+ any representation a+ainst the proposed action.

1>.%. -ll matters not proided #or in these $ules shall be re+ulated by theapproed NHPC EP Fund $ules and the decision o# the $e+ionalProident Fund Commissioner shall be #inal.

11. %TRUSTEES%PO&ER TO EMPLOY ANY PERSON FOR MANAGING


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THE AFFAIRS OF THE TRUST

11.1 The 7oard o# Trustees shall hae power to employ any person )includin+any one or more o# their members0 to do any secretarial le+alaccountancy or other wor= which they may consider necessary or e*pedient in connection with the mana+ement o# the Fund or the #unds

thereo#.

12. TRUSTEES' PO&ER TO OPERATE BAN ACCOUNT

1.1 7oard o# Trustees shall operate on the accounts o# the #und with 7an=sPost 5##ices and dischar+e receie or otherwise dispose o# as may benecessary Aoernment Promissory Notes 8ecurities ,nterest ;arrantsetc. relatin+ to the Fund and shall on behal# o# the7oard' reassi+n tomembers in accordance with the $ules mentioned hereina#ter Li#e,nsurance Policies which the members mi+ht hae assi+ned to the 7oardas security #or payment o# withdrawals #rom the #und.

13. INVESTMENT

1/.1 -ll moneys belon+in+ to the #und shall be deposited in the $esere 7an=or 8tate 7an= o# ,ndia or in such other NationaliGed or 8cheduledCommercial 7an= as may be approed by the Central Aoernment #romtime to time or shall be inested sub2ect to such directions as the Central

Aoernment may issue #rom time to time or shall be inested sub2ect tosuch directions as the Central Aoernment may #rom time to time +ie inthe securities mentioned or re#erred to in clause )a0 to )d0 o# 8ection > o# the ,ndian Trusts -ct 1 )ii o# 10.(Office Order No. 34/2003 dated 13.05.03)

1/.1.1 ,nestments made i# any by any o# the Trust)s0 o# any o# thePro2ects34nits will be +ot trans#erred3assi+ned in #aour o# the Fund bein+constituted at the Corporate 5##ice under these $ules.

1/. The securities shall be obtained in the name o# 7oard o# Trustees and

shall be =ept in the sa#e custody o# 8cheduled 7an= under the creditcontrol o# $esere 7an= o# ,ndia.

1/./ Failure to ma=e inestment as per direction o# the Aoernment shall ma=ethe 7oard o# Trustees seerally and 2ointly liable to surchar+e as may beimposed by the Central Proident Fund Commissioner or hisrepresentaties.


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1/.% The Corporation shall trans#er to the 7oard o# Trustees the contributionpayable to the Fund by the corporation and the employees by #i#teenth o# each month #ollowin+ the month #or which the contributions are payable.The Corporation is liable to pay dama+es to the 7oard o# Trustees #or any

delay in payment o# contribution in the same manner as an une*emptedestablishment is liable under similar circumstances.

1/.( -ll e*penses incurred in respect o# and loss i# any arisin+ #rom anyinestment shall be char+ed to the Fund.

1/. The 7oard o# Trustees shall maintain a script wise re+ister and ensuretimely realisation o# interest and redemption proceeds.

14. PO&ER OF TRUSTEES FOR SALE AND HYPOTHECATION ETC OFTHE INVESTMENTS

1%.1 The 7oard o# Trustees may #rom time to time as and when necessaryraise such sum or sums as may be re?uired #or the purposes o# the Fundby sale hypothecation or pled+e o# the inestments held by them or o# asu##icient part thereo#.

15. RECEIPT FOR MONEY RECEIVED BY TRUSTEES

1(.1 $eceipt #or moneys receied by the Trustees and endorsement onche?ues dra#ts and other documents receied by the Trustees shall bemade by the 8ecretary and3or any other o##icer so authorised #or an onbehal# o# the Fund.

1. MEETING1.1 The 7oard o# Trustees shall meet at such place and time as may be

appointed by the 8ecretary.

1. The 7oard o# Trustees shall meet at least once in three months.

1./ The 8ecretary may wheneer he thin=s #it and shall within #i#teen days o# the receipt o# a re?uisition in writin+ #rom not less than three members o# the 7oard call a meetin+ thereo#.

1!. NOTICE OF MEETING AND LIST OF BUSINESS19.1 Notice o# not less than 1( days #rom the date o# postin+3issue o# noticeindicatin+ place o# meetin+ to+ether with a list o# business to beconducted at the meetin+ shall be sent to each Trustee6 proided thatwhen the 8ecretary with the approal o# the Chairman calls a meetin+ #or considerin+ any matter which in his opinion is ur+ent a notice +iin+ suchreasonable time as he may consider necessary shall be deemedsu##icient.


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1". CHAIRMAN TO PRESIDE AT MEETINGS

1.1 The Chairman shall preside at eery meetin+ o# the 7oard at which he ispresent. ,# the Chairman is absent at any time the Trustees present shallelect one o# them to preside oer the meetin+ and the Trustee so elected

shall e*ercise all the powers o# the Chairman at the meetin+.

1#. QUORUM

1&.1 Fi#ty percent o# the members o# the 7oard with e?ual number o# representaties o# Employer and the Employees shall #orm the ?uorum.

1&. ,# at any meetin+ the number o# Trustees is less than the re?uired ?uorumthe Chairman o# the 7oard shall ad2ourn the meetin+ to a date not later than seen days #rom the date o# the ori+inal meetin+ in#ormin+ thetrustees o# the date time and place o# the ad2ourned meetin+ and it shallthereupon be law#ul to dispose o# the business at such ad2ourned meetin+irrespectie o# the number o# Trustees present.

2$. DISPOSAL OF BUSINESS

>.1 Eery ?uestion considered at a meetin+ o# the 7oard shall be decided by ama2ority o# the otes o# the Trustees present and otin+. ,n the eent o# ane?uality o# otes the Chairman shall hae a castin+ ote6

Proided that the Chairman may i# he thin=s #it direct that any ?uestionshall be decided by the circulation o# necessary papers to the Trusteesand by securin+ their opinion in writin+. any such ?uestion shall bedecided in accordance with the opinion o# the ma2ority o# Trustees receied

within the time limit allowed and i# the opinions are e?ually diided theopinion o# Chairman shall preail6

Proided that any Trustee may re?uest that the ?uestion re#erred toTrustees #or written opinion be considered at a meetin+ o# the 7oard andthereupon the Chairman may and i# the re?uest is made by not less thanthree Trustees shall direct that it be so considered.

21. MINUTES OF MEETING

1.1 The records o# the :inutes o# each meetin+ shall be circulated to allTrustees and shall be si+ned by the Chairman a#ter con#irmation with suchmodi#ication i# any as may be considered necessary at the ne*t meetin+.

1. The 8ecretary shall maintain records o# the :inutes o# the meetin+s o# the7oard.

1./ The 8ecretary shall ta=e necessary steps #or carryin+ out the decisions o# the 7oard.

22. ACTS OF THE BOARD OF TRUSTEES NOT INVALID BY REASON OFDEFECTS IN ITS CONSTITUTION ETC.


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.1 No act or proceedin+ o# the 7oard shall be deemed to be inalid byreasons merely o# any acancy in or any de#ect in the constitution o# the7oard.

23. TRUSTEES' INDEMNITY

/.1 No Trustees shall be char+eable otherwise than in respect o# money andsecurities actually receied by him notwithstandin+ his si+nature to anyreceipt #or the sa=e o# con#ormity and he shall be answerable andaccountable only #or his own acts ne+li+ence or de#aults and not #or thoseo# any other Trustee nor o# any 7ro=er 7an=er or other person with whomany o# the Fund or the inestments representin+ the same may bedeposited or upon whose adise #or opinion the Trustees may act nor shallhe be answerable #or the insu##iciency or de#iciencies o# any securities nor #or any other loss howsoeer arisin+ sae such as happens throu+h hisown will#ul de#ault.

CHAPTER III

MEMBERSHIP

24. CLASSES OF EMPLOYEES ENTITLED AND REQUIRED TO (OIN THEFUND

%.1)a0 Eery employee employed in or in connection with the wor= o# theCorporation other than an e*cluded employee shall be entitled andre?uired to become a member o# the Fund #rom the day this rule comesinto #orce in the Corporation.

)b0 Eery employee employed in or in connection with the wor= o# theCorporation other than an e*cluded employee shall also be entitled and

re?uired to become a member o# the Fund #rom the day this rule comesinto #orce in the Corporation i# on the date o# such comin+ into #orce suchemployee is a subscriber to a Proident Fund maintained in respect o# theCorporation or in respect o# any other #actory or establishment to whichEmployees Proident Fund and :iscellaneous Proisions

-ct1&(applies under the Corporation.

Proided that on the e*piry or cancellation o# order o# e*emption under 8ection 19 o# the Employees Proident Fund -ct and :iscellaneousProisions -ct 1&( eery employee who but #or the e*emption wouldhae become and continued as a member o# the Fund shall becomemember o# the Fund #orthwith.

%. -#ter this rule comes into #orce in the Corporation eery employeeemployed in or in connection with the wor= o# the Corporation other thanan e*cluded employee who has not become a member already shallalso be entitled and re?uired to become a member o# the Fund #rom thedate o# 2oinin+ the Corporation.

%./ -n e*cluded employee employed in or in connection with the wor= o# theCorporation shall on ceasin+ to be such an employee be entitled and


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re?uired to become a member o# the Fund #rom the date he ceased to besuch employee.

%.% 5n reelection o# an employee or a class o# employees e*empted under Para+raph 9 or Para+raph 9- o# Employees Proident Fund 8cheme1&( to 2oin the Fund or on the e*piry o# cancellation o# an order under

that Para+raph eery employee shall #orthwith become a member thereo#.

%.( Eery employee who is a member o# a priate Proident Fund maintainedin respect o# an e*empted #actory or other establishment and who but #or e*emption would hae become and continued as a member o# the Fundshall on 2oinin+ the Corporation becomes a member o# the Fund #orthwith.

%. Notwithstandin+ anythin+ contained in this rule an o##icer not below theran= o# an -ssistant Proident Fund Commissioner may on the 2ointre?uest in writin+ o# any employee o# the Corporation and his employerenroll such employee as a member or allow him to contribute on morethan $upees three thousand #ie hundred o# his pay per month i# he is

already a member o# the Fund and thereupon such employee shall beentitled to the bene#its and shall be sub2ected to the conditions o# theFund proided that the employer +ies an underta=in+ in writin+ that heshall pay the administratie char+es payable and shall comply with allstatutory proisions in respect o# such employee.

NOTE

The e*istin+ employees who are members o# the "NHPC EP Fund"reco+nised under ,ncome Ta* -ct 1&1 shall automatically becomemembers o# "NHPC EP F4N!" bein+ constituted under these $ules. Themembership o# such employeesshall be deemed to be continuous anduninterrupted

)$ule % amended ide Aoernment o# ,ndia :inistry o# Labour3 8hram:antralaya Noti#ication dated 1&th 5ctober 1&&> Circulated ide letter No.PPL 9>>)ol.,,,0 dated 1%.>1.1&&. The new $ule is e##ectie #rom1.11.1&&>.0

25. RETENTION OF MEMBERSHIP

(.1 - member o# the Fund shall continue to be member until he withdrawsunder $ule % the amount standin+ to his credit in the Fund.

EXPLANATION

,n the case o# claim #or re#und by a member under $ule (>. read with$ule (>.1> the membership o# the Fund shall be deemed to hae beenterminated #rom the date payment is authorised to him irrespectie o# thedate o# claim.

(. RESOLUTION OF DOUBTS

(..1 ,# any ?uestion arises whether an employee entitled or re?uired tobecome or continue as a member. or as re+ards the date #rom which he is


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so entitled or re?uired to become a member the decision o# the $e+ionalCommissioner shall be #inal6

Proided that no decision shall be +ien unless both the employer and theemployee hae been heard.

2. DECLARATION BY EMPLOYEES

.1 Eery employee who is re?uired or entitled to become a member o# theFund shall be as=ed #orthwith to #urnish and shall on such demand#urnish to the employer #or communication to the Chairman particularsconcernin+ himsel# and his nominee re?uired #or the !eclaration Form inthe Form as at -ppendi* ,,,. The employer shall enter the particulars inthe !eclaration Form and obtain the si+nature or thumb impression o# theperson concerned.

. The employer shall be#ore ta=in+ any person into employment as= him tostate in writin+ whether or not he is a member o# the Proident Fund and

i# he is as= #or the -ccount Number and3or the name and particulars o# the last employer. ,# he is unable to #urnish the -ccount Number he shallre?uire such person to #urnish and such person shall on demand #urnishto him #or communication to the Chairman particulars re+ardin+ himsel# and his nominee re?uired #or the !eclaration Form ) -ppendi* ,,,0Employer shall enter the particulars in the !eclaration Form and obtainthe si+nature or thumb impression o# the person concerned.

Proided that in the case o# any such employee who has become amember o# the Family Pension Fund under the Employees' FamilyPension 8cheme 1&91 the a#oresaid !eclaration Form shall also containsuch particulars as are necessary to comply with the re?uirements o# that8cheme.

2!. NOMINATION

9.1 Eery member shall ma=e a Nomination con#errin+ on one or morepersons the ri+ht to receie the amount that may stand to his credit in theProident Fund in the eent o# his death be#ore that amount becomespayable or hain+ become payable has not been paid. 8uch aNomination shall be made in the Form enclosed as -ppendi* ,,,.

9. ,# an employee nominates more than one persons under $ule 9.1 aboe

he shall in his Nomination speci#y the amount o# share payable to each o# the nominees in such manner as to coer the whole o# the amount thatmay stand to his credit in the Proident Fund.

9./ ;here the nomination is wholly or partly in #aour o# a minor the member may #or the purposes o# these $ules appoint a ma2or person o# his#amily as de#ined in $ule .1> to be the +uardian o# the minor nominee inthe een o# the member predeceasin+ the nominee and the +uardian soappointed.

http://intranet/manual/Sec-3_Chap-6.htm#APPENDIX%20III%23APPENDIX%20IIIhttp://intranet/manual/Sec-3_Chap-6.htm#APPENDIX%20III%23APPENDIX%20IIIhttp://intranet/manual/Sec-3_Chap-6.htm#APPENDIX%20III%23APPENDIX%20IIIhttp://intranet/manual/Sec-3_Chap-6.htm#APPENDIX%20III%23APPENDIX%20IIIhttp://intranet/manual/Sec-3_Chap-6.htm#APPENDIX%20III%23APPENDIX%20IIIhttp://intranet/manual/Sec-3_Chap-6.htm#APPENDIX%20III%23APPENDIX%20III


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Proided that where there is no ma2or person in the #amily the member may at his discretion appoint any other person to be a +uardian o# theminor nominee.

9.% ;here an employee has a #amily at the time o# ma=in+ Nomination theNomination shall be in #aour o# one or more persons belon+in+ to his

#amily. -ny nomination made by an employee in #aour o# a person notbelon+in+ to his #amily shall be inalid.

9.( ,# at the time o# ma=in+ a Nomination the employee has no #amily theNomination shall be in #aour o# any person or persons but i# theemployee subse?uently ac?uires a #amily such Nomination shall #orthwithbe deemed to be inalid and the employee may be allowed to ma=e a#resh Nomination in #aour o# one or more persons belon+in+ to his #amily.

9. - Nomination made by an employee may at any time be modi#ied by hima#ter +iin+ as written notice to the Trustees o# his intention o# doin+ so in

-ppendi* ,. ,# the nominee predeceases the employee the interest o# nominee shall reert to the employee who may thereupon ma=e a #resh

Nomination in respect o# such interest.9.9 - Nomination or its modi#ication shall ta=e e##ect to the e*tent that itis alid on a date on which it is receied by the Trustees.

2". ALLOTMENT OF ACCOUNT NUMBER

.1 Each member o# the Fund shall be allotted an -ccount Number which will be communicated to him by the 8ecretary or any other 5##icerso authorised by him on his behal#.

http://intranet/manual/Sec-3_Chap-6.htm#APPENDIX%20-%20VI%23APPENDIX%20-%20VIhttp://intranet/manual/Sec-3_Chap-6.htm#APPENDIX%20-%20VI%23APPENDIX%20-%20VI


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CHAPTER - IV

CONTRIBUTION AND ACCOUNTS

2#. CONTRIBUTIONS

&.1 The contribution payable by the Corporation to the Fund shall be I 1o# the basic wa+es !earness -llowance )all =inds o# !earness -llowanceby whateer name called0 includin+ cash alue o# #ood concession andretainin+ allowance i# any payable to each employee and leae encashedby the member employee durin+ serice and3or at the time o# resi+nation 3separation3 superannuation3 $8 etc.

&. . The contribution payable by an employee under these rules shall be e?ualto or more than the contribution payable by the Corporation in respect o# such employee with no upper limit on basic wa+e plus !- )-ll =inds o# !-by whateer name called0 includin+ cash alue o# #ood concession andretainin+ allowance i# any on which the recoery is to be made proidedthat the member's contribution shall be I 1 o# basic wa+es !- )-ll=inds o# !- by whateer name called0 includin+ cash alue o# #ood

concession and retainin+ allowance i# any unless the member intimates inwritin+ the increased amount which he3she chooses to contribute andleae encashed by the member employee durin+ serice and3or at the timeo# resi+nation 3 separation 3 superannuation3 $8 etc.

(vide office order No. 17/2005 dated 24.02.05)

N)*+

)10 The additional contribution on Leae Encashment shall be applicableonly in respect o# HPL B Earned Leae w.e.#. >1.>.>(

)0 ,t is clari#ied that the 8pecial ,ncrement +ranted #or under+oin+

sterilisation operation #or promotin+ small #amily norms shall not count#or any other purpose includin+ computation #or Employees ProidentFund Contribution.

)-dded ide Circular No. /3&9 dated %.%.&90

&./ The contribution shall be calculated on the basic wa+es and dearnessallowance )al =inds o# !- by whateer name called0 includin+ cash alueo# #ood concession and retainin+ allowance i# any actually drawn durin+


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the whole month0

&.% Each contribution shall be calculated to the nearest rupee #i#ty paise andaboe bein+ rounded to the ne*t hi+her rupee and less than #i#ty paisebein+ i+nored.

&.( Notwithstandin+ any contract to the contrary the Corporation shall not be

entitled to deduct the Corporation's contribution #rom the wa+e o# amember or otherwise to recoer it #rom him.

&. The Corporation shall enhance the rate o# Proident Fund Contributionsappropriately i# the rate o# Proident Fund Contribution #or the class o# establishments in which the Corporation #alls is enhanced under theEmployees' Proident Fund B :iscellaneous Proisions -ct 1&( so thatthe bene#its under the Proident Fund $ules o# the Corporation shall notbecome less #aorable than the bene#its proided under the said -ct#aourable

3$. RECOVERY OF A MEMBER'S SHARE OF CONTRIBUTION

/>.1 The amount o# a member's contribution paid by the Corporation shallnotwithstandin+ the proisions in these $ules or any law #or the time bein+in #orce or any contract to the contrary recoerable by means o# deduction#rom the wa+es o# the members and not otherwise6

Proided that no such deduction may be made #rom any wa+e other thanwhich is paid in respect o# the period or the part o# the period in respect o# which the contribution is payable6

Proided #urther that the employer shall be entitled to recoer theemployee's share #rom a wa+e other than that which is paid in respect o#

the period #or which the contribution has been paid or is payable where theemployee has +ien in writin+ a #alse declaration re+ardin+ his lastemployment and membership o# Contributory Proident Funds in other establishments.

Proided #urther that where no such deduction has been made on accounto# an accidental mista=e or a clerical error such deduction may be made#rom the subse?uent wa+es with the consent in writin+ o# the ProidentFund ,nspector6

Proided #urther that the 7oard o# Trustees may authorise any employeeupon his speci#ic re?uest in writin+ to deposit any additional amount as aoluntary contribution in the Proident Fund.

/>. -ny sum deducted by the Corporation #rom the wa+es o# an employeeunder these $ules shall be deemed to hae been entrusted to it #or thepurpose o# payin+ the contribution in respect o# which it was deducted.

/>./ ,n respect o# employees employed by or throu+h a Contractor theContractor shall be liable to recoer the contribution payable by suchemployees in terms o# proisions o# Employees' Proident Fund B:iscellaneous Proisions -ct 1&( and 8cheme #ramed thereunder and


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shall deposit the same alon+with matchin+ contribution thereon be#ore thee*piry o# 1( days #ollowin+ the wa+e period and such amount shall bedeposited by the contractor with his Trust or $e+ional Proident FundCommissioner or Fund as the case may be. The Contractor will be liable#or remittance o# the said contributions within the prescribed time alon+with

details thereo#. 8hould the Contractor #ail in remittin+ the amount in timethe Corporation as a principal employer will hae #ull ri+ht to recoer thedue amount )alon+with penalty i# any0 #rom the runnin+ bill3#inal bill o# theContractor and to deposit the same with the $e+ional Proident FundCommissioner or Fund as the case may be.

/>./.1 ,t shall be the responsibility o# the principal employer to pay both thecontribution payable by himsel# in respect o# the employee directlyemployed by him and also in respect o# the employees employed by or throu+h a Contractor and also administratie char+es.

31. MOMENTS RECALLED FOR DEFENCE DUTY AND MEMBERSVOLUNTEERING TO TAE TO MILITARY SERVICE DURINGEMERGENCY

/1.1 The Corporation employees will be allowed to contribute the ProidentFund and their accounts will be credited with the Corporation's contributionwhich would hae been admissible had they remained on duty with theCorporation. The Corporation's contributions towards Proident Funddurin+ the period o# :ilitary 8erices will #orm a char+e a+ainst the!e#ence 8erices Estimates and would be recoered by the Corporation#rom the !e#ence 8erice.

/1. - member may at his option continue to contribute to the Fund a#ter he iscalled up #or trainin+ muster or any serices but contribution shall becredited to his account and interest shall be allowed as per $ule /. 8ucha member may ma=e withdrawals as per $ules % to %9. ,# such member desires to hae his Proident Fund -ccount settled #inally it may beallowed in accordance with proisions contained in Chapter, o# these$ules and he shall cease to be a member o# the Fund therea#ter.

/1./ ;here a member ceases to be employed in the corporation and ta=es upemployment in any other establishment to which the Employees' ProidentFunds and :iscellaneous Proisions -ct 1&( does not apply the balancein his account shall be trans#erred to the credit o# his account in theProident Fund o# the establishment in which he is employed i# themember so desires and $ules in relation to that Proident Fund permitsuch trans#er.

32. PAYMENT OF CONTRIBUTION TO THE FUND

/.1 The contributions o# the employees collected by the Corporation as well as


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its own contributions shall be paid by the Corporation to the Fund within 1(days #rom the date o# collection. The a++re+ate amount receied as theemployer's and employee's contributions to the Fund shall be credited toan account to be called "Proident Fund -ccount".

33. MEMBERS' ACCOUNT

//.1 -n account consistin+ o# members contributions contributions made bythe Corporation and interest accrued thereon shall be opened in the 5##iceo# the Fund in the name o# each member and it shall include the particularsshow in in -ppendi* .

//. -ll items o# account shall be calculated to the nearest $upee. Fi#ty paiseand aboe bein+ rounded to the ne*t hi+her $upee and less than (> paisebein+ i+nored.

34. ANNUAL STATEMENT OF MEMBER'S ACCOUNT

/%.1 ;ithin si* months o# the close o# each #inancial year the 8ecretary shallsend to each member a statement o# his account in the Fund showin+ theopenin+ balance at the be+innin+ o# the period amount contributed durin+the year the total amount o# interest credited at the end o# the period or debited in the period and the closin+ balance at the end o# the period or the members may be issued pass boo=s which shall remain with them andmay be updated on presentation.

/%. :embers should satis#y themseles with the correctness o# the annualstatement and any error should be brou+ht to the notice o# the 8ecretary

within si* months o# the receipt o# the statement.

35. TRUSTEE'S PO&ER TO ACCEPT TRANSFER OF ACCUMULATIONSFROM OTHER FUNDS

/(.1 ,n the eent o# any employee who has preiously in the serice o# another Aoernment Company or local body or Aoernment o# ,ndia or Aoernment o# 8tate or was a member o# any Proident Fund reco+nisedunder Employees" Proident Fund and :iscellaneous Proisions -ct 1&(or under the ,ncome Ta* -ct 1&1 it shall be law#ul #or the Fund to receie#rom such Company etc. the accumulated balance in his account o# the

Proident Fund proided the brea= in serice o# the employee concernedi# any does not e*ceed si* months6 Proided that in case o# an employeewho was member o# a Proident Fund coered under the Employees'Proident Fund and :iscellaneous Proisions -ct 1&( it shall beobli+atory #or the Fund to accept #or credit to the member"s account hisaccumulations in such a Fund.


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3. TRANSFER OF MEMBER'S ACCOUNTS

/.1 ;here a member ceases to be employed in the Corporation and ta=es upemployment in any other 5r+aniGation includin+ those owned or controlled

by Aoernment or any Aoernment !epartment the amount o# hiscontributions and the amount o# employerJs contributions i# any to+ether with interest thereon irrespectie o# len+th o# his serice in thisCorporation shall be trans#erred with the consent o# that body3departmentto the credit o# his account in case the Proident Fund maintained by thatbody is reco+nised under the ,ncome Ta* -ct 3Employees Proident Fundand :iscellaneous Proisions -ct 1&(. ,n the eent o# nonacceptance o# his Proident Fund accumulations by that body 3 !epartment as also inthe case o# those 5r+aniGations 3 !epartments where reco+nisedProident Fund does not e*ist the same shall sub2ect to the proisionscontained in $ule %.9 be paid to him.

3!. INTEREST RECEIVED ACCOUNT

/9.1 -ll interest and other income realised or accrued shall be credited an -ccount called the ",nterest $eceied -ccount" 7ro=era+e andCommission on the purchase and sale o# securities and other inestmentsshall be included in the purpose or sale price as the case may be and notseparately char+ed to the ",nterest $eceied -ccount".

3". INTEREST

/.1 ,nterest shall be credited to the account o# each member t such rate as

may be determined by the 7oard o# Trustees which shall not be lower thanthe rate determined by the Central Aoernment under the EmployeesProident Fund 8cheme 1&(.

/. The interest #or the currency o# the #inancial year shall be credited to theaccount o# each member immediately on the close o# the #inancial year onthe amount standin+ to his credit.

/..1 ,n the case o# a claim #or the re#und under $ules % and %& interest shallbe payable upto the end o# the month precedin+ the date on which the #inalpayment is authorised irrespectie o# the date o# the receipt o# the claim

#rom the claimant concerned6Proided that interest upto and #or the current month shall be payable onthe claims which are authorised on or a#ter the (th day o# a particular month alon+ with actual payment a#ter the end o# the current month6

Proided #urther that the rate o# interest to be allowed on claims #or re#und#or the bro=en currency period shall be the rate #i*ed #or the #inancial year in which the re#und is authorised.


22/74

/./ The a++re+ate amount o# interest credited to the accounts o# the membersshall be debited to ",nterest Paid -ccount".

/.% ,nterest shall not be credited to the account o# a member i# he in#orms theTrustees in writin+ that he does not wish to receie it. ,# howeer the

member subse?uently as=s #or interest it shall be credited to his accountwith e##ect #rom the #irst day o# the period o# currency in which he ma=esre?uest there#or.

/.( ,# the 7oard o# Trustees are unable to pay interest at the rate declared bythe Central Aoernment as mentioned in $ule /.1 aboe #or the reasonthat the return on inestment is less or #or any other reason then thede#iciency i# any shall be made +ood by the Corporation.

3#. COST OF ADMINISTERING THE FUND

/&.1 The costs char+es and e*penses o# administerin+ the Fund and thedetermination o# any ?uestion arisin+ under these $ules or otherwise ande*penses incurred on maintenance o# accounts submission o# returnstrans#er o# accumulations includin+ all e*penses incurred by Trustees inthe dischar+e o# their duties shall be paid by the Corporation.

/&. The Corporation shall ma=e +ood any other loss that may be caused to theProident Fund due to the#t bur+laryde#lation misappropriation or anyother reason.

4$. ACCOUNTS AND AUDIT

%>.1 The 8ecretary shall cause the accounts o# the Fund to be maintained insuch a manner as the 7oard may #rom time to time decide.

%>. -t the end o# each #inancial year an ,ncome and E*penditure -ccountto+ether with a 7alance 8heet o# the Fund's assets and liabilities shall belaid be#ore the 7oard at a meetin+ to be held within si* months o# theclose o# the #inancial year.

%>./ Eery year the 7oard shall appoint #irm)s0 o# Chartered -ccountants ipractice as -uditor and #i* the remuneration #or audit which will be borneby the Corporation.

%>./.1 - copy o# the audited annual proident #und account to+ether with theaudited balance sheet o# the Corporation #or each accountin+ year shallbe submitted to the $e+ional Proident Fund Commissioner within months a#ter the close o# the #inancial year. For this purpose the #inancialyear o# the Fund shall be #rom 1st o# -pril to /1st :arch.

%>.% The 7oard shall cause the accounts o# the Proident Fund to bemaintained in such a manner and submit return to the $e+ional Proident


23/74

Fund Commissioner3Commissioner o# ,ncome Ta* as the CentralAoernment directs #rom time to time.

%>.( 8ecretary shall #urnish to the $e+ional Proident FundCommissioner3Commissioner o# ,ncome Ta* such accounts relatin+ to the

Proident Fund o# the Corporation which shall include annual statement o# accounts o# each member as the Central Aoernment may prescribe #romtime to time.

%>. The employer as well as the 7oard o# Trustees shall submit such returns tothe $e+ional Proident Fund Commissioner as the CentralAoernment3Central Proident Fund Commissioner may prescribe #romtime to time.

41. INSPECTION OF CARDS BY MEMBERS

%1.1 -ny member ma=in+ a written re?uest in this behal# to the 8ecretary shallbe permitted to inspect his account card himsel# or to hae the sameinspected by any person duly authorised by him in writin+ to do so within9 hours o# ma=in+ such re?uest proided that no such re?uest shall beentertained more than once in eery two calendar months.

CHAPTER - V A

TEMPORARY - REFUNDABLE ADVANCES

42. PURPOSES FOR &HICH TEMPORARY,REFUNDABLE ADVANCES MAYBE PERMITTED


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%.1 FOR ILLNESS,DISABILITY

To pay e*penses in connection with the illness or disability )includin+ wherenecessary the traellin+ e*penses0 o# the member himsel# or any member o# his3her #amily.

%. FOR HIGHER EDUCATIONTo meet the cost o# hi+her education )includin+ where necessary thetraellin+ e*penses0 o# the member himsel# or any member o# his #amilyactually dependent on him3her in the #ollowin+ cases namely 6

a0 #or education outside ,ndia #or academic technical pro#essional or ocational course beyond the Hi+h 8chool sta+e and

b0 #or any medical en+ineerin+ or other technical or specialised course in,ndia beyond the Hi+h 8chool sta+e proided that the course o# study is#or not less than one year.

%./ COST OF PASSAGETo pay #or the cost o# passa+e to a place out o# ,ndia o# an employee or anymember o# his3her #amily.

%.% FOR MARRIAGES,FUNERALS,CEREMONIES

To pay e*penses in connection with marria+es #unerals or ceremonieswhich by the reli+ion o# the employee it is incumbent upon him to per#orm.

%.( FOR THE PURCHASE OF A D&ELLING HOUSE OR A D&ELLING SITEOR FOR CONSTRUCTION OF A D&ELLING HOUSE OR EXTENSION OFAN EXISTING D&ELLING HOUSE

The secretary may on an application #rom a member in such #orm as maybe prescribed and sub2ect to the conditions prescribed in this $ule sanction#rom the amount standin+ to the credit o# the member in the Fund anadance <

a0 #or purchasin+ a dwellin+ house3#lat includin+ a #lat in a buildin+ owned 2ointly with others )out ri+ht or on hire purchase basis0 or #or constructin+ dwellin+ house includin+ the ac?uisition o# a suitable site#or the purpose #rom the Central Aoernment38tateAoernment3Cooperatie 8ociety3an ,nstitution3a Trust3Local 7ody or aHousin+ Finance Corporation )hereina#ter re#erred to as the

-+ency3-+encies0

5$

b0 #or purchasin+ a dwellin+ site #or the purpose o# construction o# adwellin+ house or a readybuilt dwellin+ house3#lat #rom any indiidual.

5$

c0 #or the construction o# a dwellin+ house on a site owned by the member or the spouse o# a member or 2ointly with any other member o# #amilyand the spouse or #or completin+3continuin+ the construction o# a


25/74

dwellin+ house already commenced by the member or the spouse onsuch site or #or purchase o# a house3#lat in the 2oint name o# themember himsel# and any other member o# #amily under subrule )a0 or )b0 aboe.

EXPLANATIONS

1. ,n this para+raph the e*pression 'Cooperatie 8ociety' means a societyre+istered or deemed to be re+istered under the Cooperatie 8ocieties

-ct 1&1 ) o# 1&10 or under any other law #or the time bein+ in #orcein any 8tate relatin+ to cooperatie societies.

. ;here the construction o# a house has been commenced with theamount withdrawn #rom the Fund under old $ules a #urther withdrawalshall be allowed under these $ules a#ter reducin+ the amount alreadywithdrawn.

%.(.1 The amount o# adance shall not e*ceed the member's basic wa+es and!- )all =inds o# !- by whateer name called0 #or / )thirty si*0 months or the members own share o# contributions with interest thereon to+ether

with employer's share o# contribution with interest thereon in this accountin the Fund or the actual cost towards the ac?uisition o# the dwellin+ siteto+ether with cost o# construction thereon or the purchase o# the dwellin+house3#lat or the construction o# the dwellin+ house whicheer is theleast.

)$ule %.(.1. amended ide part, o##ice order No. 93&1 dated &.9.&1reised rule %.(.1. e##ectie #rom 1.1.1&&>0

EXPLANATION

The actual cost towards the ac?uisition o# the dwellin+ site or thepurchase o# dwellin+ house3#lat shall include char+es payable towards

re+istration o# such site house or #lat.

%.(. No adance under this $ule shall be +ranted unless <

a. the member has completed Fie years membership o# the Fundincludin+ the period membership as coered under e*planation below$ule %.96

b. the member's own share o# contributions with interest thereon in theamount standin+ to his credit in the Fund is not less than onethousand rupees.

c. the dwellin+ site or the dwellin+ house3#lat or the house under construction is #ree #rom encumbrances6

Proided that where a dwellin+ site or a dwellin+ house3#lat is mort+a+edto any o# the a+encies re#erred to in $ule %.()a0 and3or Li#e ,nsuranceCorporation o# ,ndia or any other Financial ,nstitution so reco+nised bythe Aoernment #or these purposes includin+ NHPC solely #or hain+obtained #unds #or the purchase o# a dwellin+ house3#lat or #or theconstruction o# a dwellin+ house includin+ the ac?uisition o# a suitable


26/74

site #or the purpose such a dwellin+ site or dwellin+ house3#lat as thecase may be shall not be deemed to be an encumbered property6

Proided #urther that a land ac?uired on a perpetual lease or on lease #or a period o# not less than /> years #or constructin+ a dwellin+ house3#lator a house3#lat on such a leased land shall also not be deemed to be an

encumbered property6Proided also that where the site o# the dwellin+ house3#lat is held in thename o# any a+ency re#erred to in $ule %.( )a0 read with $ule %.(. )c0and the allottee is precluded #rom trans#errin+ or otherwise disposin+ o#the house3#lat without the prior approal o# such a+ency6 the mere #actthat the allottee does not hae absolute ri+ht o# ownership o# thehouse3#lat and the site is held in the name o# the a+ency shall not be abar to the +iin+ o# an adance under $ule %.( i# the other conditionsmentioned in this $ule are satis#ied.

%.(./ No adance shall be +ranted #or purchasin+ a share in a 2oint property or

#or constructin+ a house on a site owned 2ointly e*cept on a site owned 2ointly with any other member o# the #amily.

%.(.% 8ub2ect to the limitation prescribed in $ule %.(.1 where the adance is#or the purchase o# a dwellin+ house3#lat or dwellin+ site #rom an a+encyre#erred to in $ule %.(.)a0 the payment o# adance shall not be made tothe member but shall be made direct to the a+ency in one or moreinstalments as may be but shall be made direct to the a+ency in one or more instalments as may be authorised by the member. ;here theadance is #or the construction o# a dwellin+ house it may be sanctionedin such number o# instalments as the 8ecretary may deem #it. ;here the

adance is #or the ac?uisition o# a dwellin+ site #or the purpose o# construction o# a dwellin+ house thereon #rom any indiidual or anya+ency the amount shall be paid in not less than two e?ual instalmentsthe #irst instalment at the time o# ac?uisition o# the dwellin+ site and theremainin+ at his re?uest at the time o# the construction o# a dwellin+house on such dwellin+ site.

%.(.( ;here an adance is sanctioned #or the construction shall commencewithin si* months o# the withdrawal o# the #irst instalment and shall becompleted within twele months o# the withdrawal o# the #inal instalment.;here the adance is sanctioned #or the purchase o# a dwellin+house3#lat or #or the ac?uisition o# a dwellin+ site the purchase or ac?uisition as the case may be shall be completed within si* months o# the withdrawal o# the amount6

Proided that this proision shall not be applicable in case o# purchase o# a dwellin+ house3#lat on hire purchase basis and in cases where adwellin+ site is to be ac?uired or house are to be constructed by a


27/74

cooperatie society on behal# o# its members with a iew to their allotment to the members.

%.(. E*cept in the cases speci#ied in $ule %.(.9. below no #urther adanceshall be admissible to a member under this $ule.

%.(.9 -n additional adance upto twele months basic wa+es and dearnessallowance )all =inds o# !- by whateer name called0 or the member'sown share o# contributions with interest thereon in the amount standin+to his credit in the Fund whicheer is less may be +ranted once and inone instalment only #or additions substantial alterations or improementsnecessary to the dwellin+ house owned by the member or by spouseand3or 2ointly with any other member o# the #amily6

Proided that the adance shall be admissible only a#ter a period o# #ieyears #rom the date o# membership o# the Fund and a#ter completion o# the dwellin+ house.

%.(. The member shall produce the title deed and such other documents asmay be re?uired #or inspection which shall be returned to the member a#ter the +rant o# adance.

%.(.& ,# the adance +ranted under $ule %.( e*ceeds the amount actuallyspent #or the purpose #or which it was sanctioned the e*cess amountshall be re#unded by the member to the Fund in one lump sum withinthirty days o# the #inalisation o# the purchase or the completion o# theconstruction o# or necessary additions alterations or improements to a

dwellin+ house as the case may be. The amount so re#unded shall becredited to the employer's share o# contributions in the member's accountin the Fund to the e*tent o# adance +ranted out o# the said share and thebalance i# any shall be credited to the member's share o# contribution inhis account.

%.(.1> ,n the eent o# the member not hain+ been allotted a dwellin+site3dwellin+ house3#lat or in the eent o# the cancellation o# an allotmentmade to the member and o# the re#und o# the amount by the a+encyre#erred to in $ule %.()a0or in the eent o# the member not bein+ able to

ac?uire the dwellin+ site or purchase the dwellin+ house3#lat #rom anyindiidual or to construct the dwellin+ house the member shall be liableto re#und to the Fund in one lumpsum and in such manner as may bespeci#ied by the 8ecretary the amount o# adance remitted under this$ule to him or as the case may be to the a+ency re#erred to in $ule %.()a0.

The amount so re#unded shall be credited to the employer's share o# contribution in the member's account in the Fund to the e*tent o#


28/74

adance +ranted out o# the said share and the balance i# any shall becredited to the member's own share o# contributions in his account.

%.(.11 ,# the 8ecretary is satis#ied that the adance +ranted under this $ule hasbeen utilised #or a purpose other than that #or which it was +ranted or that

the member re#used to accept an allotment or to ac?uire a dwellin+ site or that the conditions o# adance hae not bee #ul#illed or that there isreasonable apprehension that they will not be #ul#illed wholly or partly6 or that the e*cess amount will not e re#unded in terms o# $ule %.(.)a0 willnot be re#unded in terms o# rules %.(.1> the 8ecretary shall #orthwithta=e steps to recoer the amount due with penal interest thereon at therate o# two per cent per annum #rom the wa+es o# the member in suchnumber o# instalments as the 8ecretary may determine. For the purposeo# such recoery the 8ecretary may with prior approal o# Chairmandirect the employer to deduct such instalments #rom the wa+es o# themember and on receipt o# such direction the employer shall deduct

accordin+ly.The amount so deducted shall be remitted by the employer shall deductaccordin+ly. The amount so deducted shall be remitted by the employer to the Fund within such time and in such manner as may be speci#ied inthis direction. The amount so re#unded e*cludin+ the penal interest shallbe credited to the employer's share o# contributions in the member'saccount in the Fund to the e*tent o# adance +ranted out o# the saidshare and the balance i# any shall be credited to the member's ownshare o# contributions in his account. The amount o# penal interest shallhoweer be credited to the ,nterest account.

%.(.1 ;here any adance +ranted under this $ule has been misused by themember no #urther adance shall be +ranted to him under this $ulewithin a period o# three years #rom the date o# +rant o# the said adanceor till the #ull recoery o# the amount o# the said adance with penalinterest thereon whicheer is later.

%. ADVANCE FOR MEETING EXPENSES IN LEGAL PROCEEDINGS

8ecretary may sanction an adance to a member to meet the cost o# le+al proceedin+s instituted by the employee #or indicatin+ his position inre+ard to any alle+ations made a+ainst him in respect o# any action doneor purportin+ to be done by him in the dischar+e o# his o##icial duty or tomeet the cost o# his de#ence when he is prosecuted by the employer inany court o# law in respect o# any o##icial misconduct on his3her part.

%.9 ADVANCE IN CASE OF LEAVE &ITHOUT PAY

8ecretary may sanction an adance to enable the member to meethis3her e*penses in case the member +oes on leae without pay #or aperiod o# a month or more #or reasons such as hi+her studies3illness.


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%. ADVANCE FOR REPAYMENT OF OUTSTANDING LOAN

The 8ecretary may on application #rom a member sanction #rom theamount standin+ to the credit o# the member in the Fund an adance #or the repayment wholly or partly or any outstandin+ principal and interest

o# a loan obtained #rom the Corporation 8tate Aoernment Cooperatie8ociety H4!C5 Housin+ :unicipal Corporation or a body similar to the!elhi !eelopment -uthority or Housin+ Finance Corporation solely #or the purpose speci#ied in $ule %.( aboe proided that 6

%..1 The amount o# adance shall not e*ceed the member's basic wa+e anddearness allowance )all =inds o# !- by whateer name called0 #or thirtysi* months or his own share o# contributions to+ether with the employer'sshare o# contributions as proided in $ule %.9 with interest thereon inthe member's account in the #und or the amount o# outstandin+ principaland interest o# the said loan whicheer is the least.

%.. No adance shall be sanctioned under this $ule unless

)a0the member has completed #i#teen years' membership o# the #und6and

)b0 the member's own share o# contribution with interest thereon in theamount standin+ to his credit in the Fund is one thousand rupees or more6 and

)c0 the member produces a certi#icate or such other documents as maybe prescribed by the Trustees #rom such -+ency indicatin+ theparticulars o# the member the loan +ranted the outstandin+ principal

and interest o# the loan and such other particulars as may bere?uired.

%../ The payment o# the adance under this $ule shall be made direct to such -+ency on receipt o# an authorisation #rom the member and in no eentthe payment shall be made to the member.

%.& GRANT OF ADVANCE IN SPECIAL CASES

%.&.1 ,n case the Corporation or any o# its Pro2ects34nits has been loc=ed up or closed down #or more than 1( days #or reasons other than stri=e andwhen the a##ected employees are rendered unemployed without any

compensation or i# an employee does not receie his wa+es #or acontinuous period o# two months or more the 8ecretary on bein+satis#ied that no compensation to the employee is li=ely to be paid by theemployer within a reasonable time may authorise payment to a member who was employed in the Corporation one or more re#undable adances#rom his Proident Fund account not e*ceedin+ his total contributionincludin+ interest thereon upto the date the payment has beenauthorised. ,n case the Corporation or any o# its Pro2ects34nits continues


30/74

to remain loc=ed up or closed down #or more than si* months and the8ecretary on bein+ satis#ied that a member who has already been+ranted one or more re#undable adances to the #ull e*tent #rom hisproident #und account under the $ule continues to be unemployed andno compensation is li=ely to be paid to him at an early date may

authorise payment to the member one or more re#undable adances#rom his proident #und account not e*ceedin+ hundred per cent o# theemployee's contribution includin+ interest thereon upto the date paymenthas been authorised

)$ule %.&.1 amended ide Part , 5##ice 5rder No. 93&1 dated &.9.&1$eised rule %.&.1 e##ectie #rom 1.1.1&&>0

%.&. The recoerable adance drawn under this 8ub$ule shall be interest#ree and shall be recoered by deductions #rom the wa+es o# themember in such instalments as may be determined by the 8ecretarya#ter restart o# the Pro2ect34nit35##ice o# the Corporation. $ecoery shall

commence #rom the #irst wa+e paid to the member immediately a#ter restart o# the Pro2ect 3 4nit3 5##ice concerned o# the Corporation.

%.&./ The employer shall remit the amount so deducted to the Fund within thetime speci#ied in $ule / o# these $ules. The amount on receipt shall becredited to the member's account in the Fund.

EXPLANATION

For the purpose o# +rant o# adance under $ule %.& the Corporation or any o# its Pro2ects34nits may be closed le+ally ille+ally with permission or without permission so lon+ as the Corporation or any o# its Pro2ects34nitsis closed.

CHAPTER - V B

PERMANENT,NON-REFUNDABLE &ITHDRA&ALS

%/. PURPOSES FOR &HICH PERMANENT NON REFUNDABLE&ITHDRA&ALS MAY BE PERMITTED

%/.1 FOR MEETING THE COST OF POST MATRICULATION EDUCATIONOF CHILDREN OF THE MEMBER

The 8ecretary may on an application #rom a member authorisepayment to him or her o# a nonre#undable adance #rom his3her

Proident Fund -ccount not e*ceedin+ #i#ty per cent o# his or her ownshare o# contribution with interest thereon standin+ to his3her credit inthe Fund on the date o# such authorisation #or post matriculationeducation o# his3her son or dau+hter.

%/. FOR MARRIAGE

The 8ecretary may on an application #rom a member authorisepayment to him o# a nonre#undable adance #rom his3her ProidentFund account not e*ceedin+ #i#ty per cent o# his3her own total


31/74

contribution includin+ interest thereon standin+ to his3her credit on thedate o# such authorisation #or his3her dau+hter's or son's marria+ehis3her own marria+e or the marria+e o# his3her sisters and brothers.

NOTES TO RULES 43.1 43.2

1.No adance under aboe $ules %/.1 and %/. shall be sanctionedunless <

a member has completed seen years membership o# the Fundincludin+ the period o# membership o# a reco+nised EPF #rom wherethe accumulations hae been trans#erred to the Fund and theamount o# his total contributions with interest thereon standin+ to hiscredit in his account in the Fund is $upees 5ne Thousand or more.

. Not more than three adances shall be admissible under these$ules ,# the 8ecretary is satis#ied that the adance +ranted under these $ules has been utilised #or a purpose other than that #or which

it was +ranted or that the conditions #or the +rant o# adance haenot been #ul#illed within a reasonable time the 8ecretary shall#orthwith ta=e steps to recoer the amount due with penal interestthereon at the rate o# per annunm aboe the rate o# interest tobe speci#ied as per $ule /.1 #rom the wa+es o# the member in suchnumber o# instalments as the 8ecretary may determine and directthe employer to deduct each such instalment #rom the wa+es o# themember and on receipt o# such direction the employer shall actaccordin+ly. The amount re#unded e*cludin+ the penal interest shallbe credited to the account o# the member in the Fund and theamount o# penal interest shall be credited to the ,nterest -ccount.

%/./ IN CASE OF ILLNESS IN CERTAIN CASES%/./.1 - member may be allowed nonre#undable adance #rom his account in

the Fund in case o# <

a0 Hospitalisation lastin+ #or one month or more6 or

b0 ma2or sur+ical operation in a hospital6 or

c0 su##erin+ #rom T.7. leprosy paralysis cancer mental deran+ementasthma and heart ailments dialysis )blood trans#usion0 =idneytransplantation and hain+ been +ranted leae by his employer #or the treatment o# the said illness.

%/./.1.1 The adance shall be +ranted i# the -uthorised :edical -ttendant or a!octor o# Hospital certi#ies that a sur+ical operation or as the case maybe hospitalisation #or one month or more had or has becomenecessary or a $e+istered :edical Practitioner or in the case o# mental deran+ement or heart ailment a specialist certi#ies that themember is su##erin+ #rom T.7. leprosy paralysis cancer mentalderan+ement or heart ailment dialysis )blood trans#usion0 =idneytransplantation.


32/74

%/./. - member may be allowed nonre#undable adance #rom his account inthe #und #or a treatment o# a member o# his #amily who has beenhospitalised or re?uires hospitalisation #or one month or more #or anysur+ical operation or #or treatment o# T7 leprosy paralysis cancermental deran+ement heart ailment asthma dialysis )blood

trans#usion0 =idney transplantation6Proided that no such adance shall be +ranted to a member unless hehas produced <

%/./..1 a certi#icate #rom a !octor o# the hospital that the patient has beenhospitalised or re?uires hospitalisation #or one month or more or that ama2or sur+ical operation had or has become necessary6 and

%/./.. a certi#icate #rom the Corporation that the bene#its are not aailable tothe member #or the treatment o# the patient in the hospital concerned.

%/././ the amount adanced under this $ule shall not e*ceed the member'sbasic wa+es with !- )all =inds o# !-3-!- by whateer name called0 #or three months or his own share o# contribution with interest thereon in

the Fund whicheer is less.%/./.% where the 8ecretary is not satis#ied with a :edical Certi#icate #urnished

by the member under $ule %/./..1 he may be#ore +rantin+ anadance under this $ule demand #rom the member another :edicalCerti#icate to his satis#action.

%/.% GRANT OF ADVANCE TO MEMBERS AFFECTED BY CUT IN THESUPPLY OF ELECTRICITY AND IN ABNORMAL CONDITIONS

%/.%.1 - member may be allowed a nonre#undable adance #rom his accountin the Fund i# there is a cut in the supply o# electricity to theCorporation on the #ollowin+ conditions namely 6

a0 the adance may be +ranted to a member whose total wa+es #or any one month commencin+ #rom the month o# anuary 1&9/ werethree#ourth or less than three#ourth o# wa+es #or a month6

b0 the adance shall be restricted to the amount o# wa+es #or a monthor $s. />>3 or the amount standin+ to the credit o# the member inFund as his share o# contribution with interest thereon whicheer is less6

c0 No adance shall be paid unless the 8tate Aoernment certi#iesthat the cut in the supply o# electricity was en#orced in the area inwhich the Corporation is located and the employer certi#ies that the#all in the member's pay was due to cut in the supply in electricity6

d0 5nly one adance shall be admissible under this rule.EXPLANATION

";a+es" means #or the purpose o# this $ule basic wa+es and dearnessallowance e*cludin+ lay o## compensation i# any.

%/.%. The 8ecretary may on an application #rom a member whose propertymoable or immoable has been dama+ed by a calamity or e*ceptional nature such as #loods earth?ua=es or riots authorisepayment to him #rom the Proident Fund -ccount a nonre#undable


33/74

adance o# $upees #ie hundred or #i#ty per cent o# his own totalcontribution includin+ interest thereon standin+ to his credit on the dateo# such authorisation whicheer is less to meet any un#oreseene*penditure6

NOTE

No adance under the aboe $ule shall be paid unless <

,The 8tate Aoernment has declared that the calamity has a##ectedthe +eneral public in the -rea6

,,The member produces a certi#icate #rom the appropriate authority tothe e##ect that his property )moable or immoable0 has beendama+ed as a result o# the calamity 6 and

,,,The application #or adance is made within a period o# % months#rom the date o# declaration re#erred to in Note, aboe.

%/.( GRANT OF ADVANCE TO MEMBERS &HO ARE PHYSICALLYHANDICAPPED

%/.(.1 - member who is physically handicapped may be allowed a nonre#undable adance #rom his account in the Fund #or purchasin+ ane?uipment re?uired to minimise the hardship on account o# handicap.

%/.(. No adance under $ule %/.(.1 shall be paid unless the member produces a medical certi#icate #rom a competent medical practioner tothe satis#action o# the "8ecretary or such other 5##icer as may beauthorised by him in this behal# to the e##ect that he is physicallyhandicapped.

%/.(./ The amount adanced under this $ule shall not e*ceed the member'sbasic wa+es and dearness allowance )all =inds o# !- by whateer names called0 #or si* months or his own share o# contributions with

interest thereon or the cost o# the e?uipment whicheer is the least.%/.(.% No second adance under this $ule shall be allowed within a period o#

three years #rom the date o# payment o# an adance allowed under this$ule.

%/. FOR THE PURCHASE OF A D&ELLING HOUSE,FLAT OR FOR THECONSTRUCTION OF A D&ELLING HOUSE INCLUDING THEACQUISITION OF A SUITABLE SITE FOR THE PURPOSE

%/..1 The 8ecretary may on an application #rom a member in such #orm asmay be prescribed and sub2ect to the conditions prescribed in this $ulesanction #rom the amount standin+ to the credit o# the member in the

Fund a withdrawal6%/..1.1 #or purchasin+ a dwellin+ house3#lat includin+ a #lat in a buildin+ owned

2ointly with others on outri+ht or on hire purchase basis or #or constructin+ dwellin+ house includin+ the ac?uisition o# a suitable site#or the purpose #rom the Central Aoernment the 8tate Aoernment aCooperatie 8ociety Corporation an ,nstitution a Trust a Local 7odyor a Housin+ Finance Corporation )hereina#ter re#erred to as the

-+ency3-+encies06


34/74

%/..1. #or purchasin+ a dwellin+ site #or the purpose o# construction o# adwellin+ house or a readybuilt dwellin+ house3#lat #rom any indiidual6

5$

%/..1./ #or the construction o# a dwellin+ house on a site owned by the member or the spouse o# the member or 2ointly by the member and the spouse

or #or completin+3continuin+ the construction o# a dwellin+ housealready commenced by the member o# the spouse on such site or #or purchase o# a house3#lat in the 2oint name o# the member and thespouse under 8ub $ule %/..1.1 and %/..1. aboe.

EXPLANATION

,n this $ule the e*pression 'Cooperatie 8ociety' means a societyre+istered or deemed to be re+istered under the Cooperatie 8ocieties

-ct 1&1 ) o# 1&10 or under any other law #or the time bein+ in #orcein any 8tate relatin+ to Cooperatie 8ocieties.

%/.. The amount o# withdrawal shall not e*ceed the member's basic wa+esand !- )all =inds o# !- by whateer name called0 #or / )Thirty si*0

months or the member's own share o# contributions to+ether withemployer's share o# contribution with interest thereon in this account inthe Fund or the actual cost towards the ac?uisition o# the dwellin+ siteto+ether with the cost o# construction thereon or the purchase o# thedwellin+ house3#lat or the construction o# the dwellin+ house whicheer is the least.

EXPLANATION

The actual cost towards the ac?uisition o# the dwellin+ site or thepurchase o# dwellin+ house3#lat shall include char+es payable towardsre+istration #or such site house or #lat.

%/../ No withdrawal under this $ule shall be +ranted unless<

%/../.1 the member has completed #ie years' membership o# the Fundincludin+ the membership as coered by the e*planation below $ule%.9

%/../. the member's own share o# contribution with interest thereon in theamount standin+ to his credit in the Fund is not less than one thousandrupees6

%/.././ the dwellin+ site or the dwellin+ house3#lat or the house under construction is #ree #rom encumbrances6

Proided that where a dwellin+ site or a dwellin+ house3#lat is

mort+a+ed to any o# the -+encies re#erred to in $ule %/..1.1 solely#or hain+ obtained #unds #or the purchase o# a dwellin+ house3#lat or #or the construction o# a dwellin+ house includin+ the ac?uisition o# asuitable site #or the purchase such a dwellin+ site or a dwellin+house3#lat as the case may be shall not be deemed to be anencumbered property6


35/74

Proided #urther that a land ac?uired on a perpetual lease or on lease#or a period o# not less than /> years #or constructin+ a dwellin+house3#lat #lat or a house3#lat built on such a leased land shall also notbe deemed encumbered property6

Proided also that where the site o# the dwellin+ house3#lat is held in the

name o# any -+ency re#erred to in $ule %/..1.1 and the allottee isprecluded #rom trans#errin+ or otherwise disposin+ o# the house3#latwithout the prior approal o# such a+ency the mere #act that the alloteedoes not hae absolute ri+ht o# ownership o# the house3#lat and the siteis held in the name o# the -+ency shall not be a bar #or allowin+ thewithdrawal under $ule %/..1.1 i# the other conditions mentioned aresatis#ied.

%/..% No withdrawal shall be +ranted #or purchasin+ a share in a 2ointproperty or #or constructin+ a house on a site owned 2ointly e*cept in asite owned 2ointly with the spouse.

%/..( 8ub2ect to the limitation prescribed in $ule %/..<

%/..(.1 ;here the withdrawal is #or the purchase o# a dwellin+ house3#lat or adwellin+ site #rom an a+ency re#erred to in $ule %/..1.1 the paymento# withdrawal shall not be made to the member but shall be made directto the -+ency in one or more instalments as may be authorised by themember6

%/..(. ;here the withdrawal is #or the construction o# a dwellin+ house it maybe sanctioned in such number o# instalments as the 8ecretary thin=s #it6

%/..(./ ;here the withdrawal is #or the ac?uisition o# a dwellin+ site #or thepurpose o# construction o# a dwellin+ house thereon #rom any indiidualor any -+ency the amount shall be paid in not less than two e?ual

instalments the #irst instalment at the time o# the ac?uisition o# thedwellin+ site and the remainin+ at his re?uest at the time o# constructiono# a dwellin+ house on such dwellin+ site.

%/.. ;here a withdrawal is sanctioned #or the construction o# a dwellin+house the construction shall commence within si* months o# thewithdrawal o# the #irst instalment and shall be completed within twelemonths o# the withdrawal o# the #inal instalment. ;here the withdrawalis sanctioned #or the purchase o# a dwellin+ house3#lat or #or theac?uisition o# a dwellin+ site the purchase or ac?uisition as the casemay be shall be completed within si* months o# the withdrawal o# theamount6

Proided that this proision shall not be applicable in case o# purchaseo# a dwellin+ house3#lat on hirepurchase basis and in cases where adwellin+ site is to be ac?uired or houses are to be constructed by acooperatie society on behal# o# its members with a iew to their allotment to the members.

%/..9 E*cept in the cases speci#ied in $ule %/.9 and %/. below no #urther adance shall be admissible to a member under this $ule.


36/74

%/.9 -n additional withdrawal upto twele months' basic wa+es and !- )all=inds o# !- by whateer name called0 or the member's own share o# contributions with interest thereon to+ether with that amount o# employer's share o# contributions may be +ranted once and in oneinstalment only #or additions substantial alterations or improements

necessary to the dwellin+ house owned by the member or by thespouse or 2ointly by the member and the spouse6

Proided that the withdrawal shall be admissible only a#ter a period o# #ie years #rom the date o# membership o# the #und and a#ter completiono# the dwellin+ house.

)$ule %/.9 amended ide Part, 5##ice 5rder No. 93&1 dated&.9.1&&1. $eised $ule %/.9 e##ectie #rom 1.1.1&&>0

%/. - #urther withdrawal e?uialent to the amount o# di##erence between theamount o# withdrawal admissible to a member under $ule %/.. aboeas on the date o# #resh application and the amount o# withdrawal thatwas drawn by a member earlier with respect to the correspondin+

$ules as were applicable prior to 1.%.1&( may be +ranted to such amember6

a0 who had aailed the earlier withdrawal #or purchase o# a dwellin+site and has now proposed to construct a dwellin+ house on theland so purchased6

5$

b0 who had aailed the earlier withdrawal #or ma=in+ initial paymenttowards the allotment3purchase o# a house3#lat #rom any -+ency asre#erred to in subrule %/..1.1 aboe and has now proposed toaail a withdrawal #or completin+ the transaction to +et the soleownership o# the house3#lat so purchased6

5$

c0 who had aailed the earlier withdrawal #or construction o# a housebut could not complete the construction in the time due to lac= o# #unds.

%/..1 The member shall produce the title deed and such other documents asmay be re?uired #or inspection which shall be returned to the member a#ter the +rant o# withdrawal.

%/.. ,# the withdrawal +ranted under this $ule e*ceeds the amount actuallyspent #or the purpose #or which it was sanctioned the e*cess amountshall be re#unded by the member to the Fund in one lump sum within

thirty days o# the #inalisation o# the purchase or the completion o# theconstruction o# or necessary additions alterations or improements toa dwellin+ house as the case may be. The amount so re#unded shallbe credited to the employer's share o# contributions in the member'saccount in the Fund to the e*tent o# withdrawal +ranted out o# the saidshare and the balance i# any shall be credited to the member's shareo# contributions in his account.


37/74

%/../ ,n the eent o# the member not hain+ been allotted a dwellin+site3dwellin+ house3#lat or in the eent o# the cancellation o# anallotment made to the member and o# the re#und o# the amount by thea+ency re#erred to in 8ub$ule %/..1.1 or in the eent o# the member not bein+ able to ac?uire the dwellin+ site or to purchase the dwellin+

house3#lat #rom any indiidual or to construct the dwellin+ house themember shall be liable to re#und to the Fund in one lumpsum and insuch manner as may be speci#ied by the 8ecretary the amount o# withdrawal remitted under this $ule to him or as the case may be tothe a+ency re#erred to in 8ub$ule %/..1.1.

%/..% The amount so re#unded shall be credited to the employer's share o# contributions in the member's account in the Fund to the e*tent o# withdrawal +ranted out o# the said share and the balance i# any shallbe credited to the member's own share o# contributions in his account.

%/..( ,# the 8ecretary is satis#ied that the withdrawal +ranted under $ule %/.%/.9 and %/. has been utilised #or a purpose other than that #or which

it was +ranted or that the member re#used to accept an allotment or toac?uire a dwellin+ site or that the conditions o# withdrawal hae notbeen #ul#illed or that there is reasonable apprehension that they will notbe #ul#illed wholly or partly6 or that the e*cess amount will not bere#unded in terms o# $ule %/.. aboe or that the amount remittedbac= to the member by any -+ency re#erred to in $ule %/..1.1 will notbe re#unded in terms o# $ule %/../ the 8ecretary shall #orthwith ta=esteps to recoer the amount due with penal interest thereon at the rateo# two per cent per annum #rom the wa+es o# the member in suchnumber o# instalments as the 8ecretary may determine. For thepurpose o# such recoery the 8ecretary may direct the employer to

deduct such instalments #rom the wa+es o# the member and on receipto# such direction the employer shall deduct accordin+ly.

%/.. The amount so deducted shall be remitted by the employer to the8ecretary within such time and in such manner as may be speci#ied inthis direction. The amount so re#unded e*cludin+ the penal interestshall be credited to the employer's share o# contributions in themember's account in the Fund to the e*tent o# withdrawal +ranted outo# the said share and the balance i# any shall be credited to themember's own share o# contributions in his account. The amount o# penal interest shall howeer be credited to the ,nterest -ccount.

%/..9 ;here any withdrawal +ranted under this $ule has been misused by

the member no #urther withdrawal shall be +ranted to him under this$ule within a period o# three years #rom the date o# +rant o# the saidwithdrawal or till the #ull recoery o# the amount o# the said withdrawalwith penal interest thereon whicheer is later.

%/.& &ITHDRA&AL FROM THE FUND FOR REPAYMENT OF LOANS INSPECIAL CASES.


38/74

%/.&.1 The 8ecretary may on an application #rom a member sanction #rom theamount standin+ to the credit o# the member in the Fund a withdrawal#or the repayment wholly or partly o# any outstandin+ principal andinterest o# a loan obtained #rom the Corporation a 8tate AoernmentCooperatie 8ociety Housin+ 7oard :unicipal Corporation or a body

similar to the !elhi !eelopment -uthority solely #or the purposesspeci#ied in $ules %/. %/.9 and %/. aboe.

%/.&. The amount o# withdrawal shall not e*ceed he member's basic wa+esand dearness allowance #or thirty si* months or his own share o# contributions to+ether with the employer's share o# contributions withinterest thereon in the member's account in the Fund or the amount o# outstandin+ principal and interest o# the said loan whicheer is least.

%/.&./ No withdrawal shall be sanctioned under this $ule unless<

%/.&./.1 The member has completed ten years' membership o# the Fund.

)$ule %/.&./.1 amended ide Part , 5##ice 5rder No. 93&1 dated

&.9.1&&1 $eised $ule %/.&./.1 e##ectie #rom 1.1.1&&>0%/.&./. The member's own 8hare o# contributions with interest thereon in the

amount standin+ to his credit in

employees provident fund rules

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