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Union of India - Section

Section 13 in The Oil Industry Development Board Staff Provident Fund Rules, 2013

13. Recovery of advances.

(1)
(a)An advance shall be recovered from the subscriber in such number of equal monthly installments as the Secretary may direct, but such number shall not be less than twelve, unless the subscriber so elects, and more than twenty-four;
(b)In special cases where the amount of advance exceeds three months pay of the subscriber under sub-rule (3) of rule 12, the Secretary may fix such number of installments to be more than twenty-four but in no case more than thirty-six;
(c)A subscriber may, at his option, make repayment in a lesser number of installments than the number of installments prescribed by these rules;
(d)Each installment shall be a number of whole rupees, the amount of the advances being raised or reduced, if necessary to admit of the fixation of such installments.
(2)
(a)The recovery of advance shall be made in the manner provided in rule 10 for the realisation of subscription and shall commence with the issue of the pay for the month following the one in which the advance was drawn;
(b)The recovery shall not be made, except with the subscriber's consent while he is in receipt of subsistence grant or is on leave for a period of ten days or more in a calendar month which period of leave either does not carry any leave salary or carries leave salary equal to or less than half average pay, as the case may be;
(c)The recovery of advance may be postponed, on the subscriber's written request, by the Secretary during any period when the recovery of an advance of pay granted to the subscriber, is being made.
(3)If an advance has been granted to a subscriber and drawn by him and the advance is subsequently disallowed before repayment is completed, the whole or balance of the amount withdrawn, shall forthwith be repaid by the subscriber to the Fund and where the subscriber makes default in making the repayment, the amount withdrawn shall be recovered by deduction from the emoluments of the subscriber in a lump sum, or in monthly installments not exceeding twelve as may be directed by the secretary:Provided that, before such advance is disallowed, the subscriber shall be given an opportunity to explain to the sanctioning authority in writing and within fifteen days of the receipt of the communication why the repayment shall not be enforced and if no explanation is submitted by the subscriber within the said period of fifteen days, it shall be referred to the Secretary for decision; and if no explanation within the said period is submitted by him, the repayment of the advance shall be enforced in the manner provided in this sub-rule.
(4)Recoveries made under this rule snail be credited as they are made, to the account of the subscriber to the Fund.
(5)Notwithstanding anything contained in these rules, if the sanctioning authority has reason to disbelieve that money drawn as an advance from the Fund under rule 13 has been utilised for a purpose other than that for which sanction was given to the drawal of the money, he shall communicate to the subscriber the reasons for his belief and require him to explain in writing and within fifteen days d the receipt of such communication whether the advance has been utilised for the purpose for which sanction was given to the drawal of the money. If the sanctioning authority is not satisfied with the explanation furnished by the subscriber within the said period of fifteen clays, the sanctioning authority shall the subscriber to repay the amount in question to the Fund forthwith or, in default, order the amount to be recovered by deduction in one lump sum from the emoluments of the subscriber even if he is on leave. If, however, the total amount to be repaid is more than half the subscriber's emoluments, recoveries shall be made in monthly installments of his emoluments till the entire amount is repaid by him.Explanation.- For the purpose of this rule, the term "emoluments" does not include subsistence grant