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State of Uttar Pradesh - Section

Section 13 in The General Provident Fund (U.P.) Rules, 1985

13. Advances from the Fund.

(1)A temporary advance (in whole rupees) may be granted to a subscriber, from the amount at his credit in the Fund, at the discretion of the appropriate authority specified in the Second Schedule subject to the conditions mentioned in sub-rule (2), (3), (4), (5), (6) or (7).Note. - Forms of application and Sanction order are given in Appendix 'A'.
(2)No advance shall be granted unless the sanctioning authority is satisfied that the applicant's pecuniary circumstances justify it, that it will be expended on the following object or objects and not otherwise namely :
(i)Meeting the expenses in connection with the illness, confinement or disability including, where necessary the travelling expenses, of the subscriber, member of his family or any other persons actually dependent on him.
(ii)Meeting cost of higher education, including where necessary the travelling expenses, of the subscriber, member of his family or any other person actually dependent on him in the following cases, namely-
(a)education outside India for academic, technical professional or vocational course beyond the High School stage; and
(b)medical, engineering or other technical or specialised course in India beyond the High School stage.
(iii)Meeting obligatory expenses on a scale suitable to subscriber's status which by customary usage the subscriber has to incur in connection with the marriage of the subscriber or marriage, funerals or other ceremonies of the members of his family or any other person actually dependent on him.
(iv)Meeting the cost of legal proceedings instituted by or against the subscriber, any member of his family or any person actually dependent on him.
(v)Meeting the cost of the subscriber's defence where he engages a legal practitioner to defend himself in an enquiry in respect of any alleged official misconduct on his part.
(vi)Meeting the cost or part thereof house or house site or of construction of house for his residence or for reconstruction, repair of or addition or alteration to his house or for making payment towards the allotment of house site or house to him by a Development Authority, Local Body, Housing Board or House Building Co-operative Society under a Housing Scheme, including a self financing scheme.
(vii)Meeting the cost of a motor cycle, scooter (including moped) bicycle, refrigerator, room cooler, cooking gas connection or television set for subscriber's own use:
Provided that the Governor may, in special circumstances, sanction the payment to any subscriber of an advance for a purpose other than those mentioned in sub-clauses (i) to (vii) above if the Governor is satisfied with the justification given in support thereof.
(3)The sanctioning authority shall record in writing its reason for granting the advance.
(4)An advance shall not, except for special reasons :
(i)exceed three month's pay or half the amount at the credit of subscriber in the Fund whichever is less; or
(ii)be granted until at least twelve months have elapsed after the final repayment of all previous advances :
Provided that so long as the amount already advanced together with the fresh advance applied for does not exceed the amount admissible under clause (i) at the time of the grant of the first advance, special reasons will not be required for the grant of second advance or subsequent advances, and such advances may be granted by the authority specified in paragraph 1 of the Second Schedule, even if the condition mentioned in clause (ii) is not fulfilled.Explanation. - In this proviso the expression "the amount already advanced" means the amount, or the sum of amounts actually advanced and not the balance outstanding after any repayment.
(5)When an advance is sanctioned under sub-rule (4) before re-payment of last instalment of any previous advance is completed the balance of any previous advance not recovered shall be added to the advance so sanctioned and the instalments for recovery shall be fixed with reference to the consolidated amount.
(6)In fixing the amount of an advance the sanctioning authority shall pay due regard to the amount at the credit of the subscriber in the Fund. Whenever a subscriber is in a position to satisfy the competent authority about the amount standing to his credit in the Fund with reference to his G.P.F. pass-book or the latest available statement of General Provident Fund Account issued by the Account Officer under Rule 27 together with the evidence of subsequent subscriptions the competent authority may sanction advance within the prescribed limits. In doing so the competent authority shall take into account any advance or withdraw already sanctioned to the subscriber. The sanction for the advance must indicate the General Provident Fund Account number and a copy thereof be endorsed the drawing and disbursing officer maintaining the G.P.F. pass-book as well as to the Account Officer.
(7)Ordinarily no advance will be sanctioned to a subscriber during the last six months preceding his retirement or superannuation. In special cases in which the sanction of such an advance is unavoidable, it may be sanctioned but it will be the responsibility of the sanctioning authority to ensure that such a sanction is promptly notified to the Account Officer in the case of a Group 'D' employee and to the drawing and disbursing officer and the Account Officer in the case of other subscribers, and acknowledgements thereof obtained from them without any delay. It will also be ensured by the above authorities that the amount of advance, if not fully recovered from the subscriber before retirement is duly adjusted against the amount to be paid to him under sub-rule (4) or clause (b) of sub-rule (5) of Rule 24, whichever be applicable.