Section 68B(3) in The Employees' Provident Funds Scheme, 1952
(3)[(a) No [withdrawal] [Substituted by G.S.R. 549(E), dated 3.10.1981 (w.e.f. 3.10.1981).][under this paragraph shall be granted unless-(i)the member has completed five years' membership of the Fund;(ii)the member's own share of contributions with interest thereon in the amount standing to his credit in the Fund is not less than one thousand rupees;(iii)[ a declaration from the member that the dwelling site or the dwelling house/ flat or the house under construction is free from encumbrances and the same is under title of the member and/ or the spouse:][Provided that where a dwelling site or a dwelling house/ flat is mortgaged to any of the agencies referred to in clause (a) of sub-paragraph (1), solely for having obtained funds for the purchase of a dwelling house/ flat or for the construction of a dwelling house including the requisition of a suitable site for the purpose, such a dwelling site or a dwelling house/ flat, as the case may be, shall not be deemed to be an encumbered property:Provided further that a land acquired on a perpetual lease or on lease for a period of not less than 30 years for constructing a dwelling house/ flat, or a house/ flat built on such a leased land, shall also not be deemed to be an encumbered property:Provided also that where the site of the dwelling house/ flat is held in the name of only agency, referred to in clause (a) of sub-paragraph (1) and the allottee is precluded from transferring or otherwise disposing of the house/ flat, without the prior approval of such agency, the mere fact that the allottee does not have absolute right of ownership of the house/ flat and the site is held in the name of the agency, shall not be a bar to the giving of [withdrawal] [Substituted by G.S.R. 549(E), dated 3.10.1981 (w.e.f. 3.10.1981).][under clause (a) of sub-paragraph (1), if the other conditions mentioned in this paragraph are satisfied.(b)No [withdrawal][shall be granted for purchasing a share in a joint property or for constructing a house on a site owned jointly except on a site owned jointly with the spouse. [Substituted by G.S.R. 549(E), dated 3.10.1981 (w.e.f. 3.10.1981).]
