State of Odisha - Act
The Orissa Contributory Provident Fund Rules, 1938
ODISHA
India
India
The Orissa Contributory Provident Fund Rules, 1938
Rule THE-ORISSA-CONTRIBUTORY-PROVIDENT-FUND-RULES-1938 of 1938
- Published on 8 April 1938
- Commenced on 8 April 1938
- [This is the version of this document from 8 April 1938.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definitions.
3. Constitution and management of the Fund.
- The Fund shall be administered by the Provincial Government and shall be maintained in India in rupees.4.
5.
6. Subscriber Accounts.
- An account shall be opened in the name of each subscriber, in which shall be credited -7. Conditions and rates of subscriptions.
8.
8A.
When a subscriber is transferred to foreign service or sent on deputation out of India he shall remain subject to the rules of the Fund in the same manner as if he were not so transferred or sent on deputation.9. Realisation of Subscriptions.
10. Contribution by Government.
10A.
11. Interest.
12. Advances from the Fund.
13.
An advance shall not, except for special reasons to be recorded in writing by the sanctioning authority, be granted under Rule 12 until at least twelve months after the final repayment of all previous advances. [* * *] [Deleted by F.D.No. 19529, dated 3.6.1966.].14.
14A. [ [Substituted by F.D.No. 37784, dated 9.10.1974.]
The authority of the Accountant General for drawing funds required for withdrawal shall not be necessary.Note. - Whenever the applicant for a withdrawal is in a position to satisfy the competent authority about the amount standing to his credit in the C.P.F. Account with reference to the latest available statement of Provident Fund account together with evidence of subsequent subscriptions, the competent authority may itself sanction withdrawal within the prescribed limits, as in the case of a refundable advance out of the subscribers subscriptions and interest thereon in the Fund. In doing so, the competent authority will take in to account any withdrawal or refundable advances already sanctioned by it in favour of the subscriber. Where, however, the applicant is not in a position to satisfy the competent authority about the amount standing to his credit or where there is any doubt about the admissibility of the withdrawal applied for a reference might be made to the Accountant-General concerned for ascertaining the amount at his credit with a view to enabling the competent authority to determine the admissibility of the amount of the withdrawal. The sanction for the withdrawal should prominently indicate the Contributory Provident Fund account No. and a copy thereof should invariably be endorsed to the Accountant-General, Orissa. The Sanctioning authority shall be responsible to ensure that an acknowledgment is obtained from the Accountant-General that the sanction for withdrawal has been noted in the withdrawal is sanctioned is in excess of the amount to the credit of the subscriber or otherwise inadmissible the subscriber shall be required to refund the excess withdrawal or the amount withdrawn in full as the case may be.]15. Payments towards Insurance Policies and Family Pension Funds.
- Subject to the conditions contained in Rules 16 to 22.16.
17.
18.
19.
19A.
The subscriber shall not during the currency of the policy drawn any bonus, the drawal of which during the currency is optional under the terms of the policy, and the amount of any bonus which under the terms of the policy the subscriber has no option to refrain from drawing during its currency shall be paid forthwith into the Fund by the subscriber or in default covered by reduction from his emoluments by instalments or otherwise as may be directed by one of the authorities competent to grant an advance under Clause (a) of Sub-rule (1) of Rule 12.20.
21.
22.
22A.
Notwithstanding anything contained in these rules, if the sanctioning authority is satisfied that money drawn as an advance from the Fund under Clause (1) of Rule 12 or withheld or withdrawn utilised for a purpose other than that for which sanction was given to the drawal, withholding or withdrawal of the money, the amount in question, shall, with interest at the rate provided in Rule 11, for which be repaid or paid, as the case may be, by the subscriber to the Fund, or in default, be ordered to be recovered by deduction in one sum from the emoluments of the subscriber, even if he be on leave. If the total amount to be repaid or paid, as the case may be, be more than half the subscriber's emoluments, recoveries shall be made in monthly instalments of moieties of his emoluments till the entire amount recoverable be repaid or paid, as the case may be, by him.Note. - The term "emoluments" as used in this rule does not include subsistence grant.23.
When a subscriber quits the service, the amount standing to his credit in the Fund shall, subject to any deduction under Rule 26, become payable to by him :Provided that a subscriber, who has been dismissed from the service and is subsequently reinstated in the service, shall if required to do so by Government, repay any amount paid to him from the Fund in pursuance of this Rule with interest thereon at the rate provided in Rule 11 in the manner provided in the proviso to Rule 24. The amount so repaid shall be credited to his account in the Fund, the part which represents his subscriptions and interest thereon, and the part which represents the Government contribution with interest thereon, being accounted for in the manner provided in Rule 6.24.
When a subscriber -25.
Subject to any deduction under Rule 26, on the death of a subscriber before the amount standing to his credit has become payable, or where the amount has become payable, before payment has been made -(i)when the subscriber leaves a family-(a)if a nomination made by the subscriber in accordance with the provisions of Rule 5 in favour of a member or members of his family subsists, the amount standing to his credit in the Fund or the part thereof to which this nomination relates, shall become payable to his nominee or nominees in the proportions specified in the nomination;(b)if no such nomination in favour of a member or members of the family of the subscriber subsists, or if such nomination relates only to a part of the amount standing to his credit in the Fund, the whole amount or the part thereof to which the nomination does not relate, as the case may be, shall, notwithstanding any nomination purporting to be in favour of any person or persons other than a member or members of his family, become payable to the members of his family in equal shares :Provided that no share shall be payable to -26.
Subject to the condition that no deduction may be made which reduces the credit by more than the amount of any contribution by Government with interest credited under Rules 10 and 11, before the amount standing to the credit of the subscriber in the fund is paid out of the Fund -27. Payment.
28.
29. Procedure.
- All sums paid into the Fund under these rules shall be credited in the books of Government to an account named "The Contributory Provident Fund (Orissa) Account". Sums of which payment has not been taken within six months after they become payable under these rules, shall be transferred to "Deposits" after the 31st March of the year and treated under the ordinary rules relating to deposits.30.
When paying a subscription in India either by deduction from emoluments or in cash, a subscriber shaH quote the number of his account in the Fund, which shall be communicated to him by the Accounts Officer. Any change in the number shall similarly be communicated to the subscriber by the Accounts Officer.31.
| Name and address of nominee | Relationship with subscriber | Age | Contingencies on the happening of which thenomination shall become invalid | Name, address and relationship of the person, ifany, to whom the right of nominee shall pass in the event of hispredeceasing the subscribe |
1. ..........
2. ..........
II. When the subscriber has family and wishes to nominate more than one member thereofI hereby nominate the persons mentioned below, who are members of my family as defined in Rule 2 of the Contributory Provident Fund Rules (Orissa), to receive the amount that may stand to my credit in the Fund, in the event of my death before that amount has become payable, or having become payable has not been paid, and direct that the said amount shall be distributed among the said persons in the manner shown below against their names :| Name and address of nominee | Relationship with subscriber | Age | [Account of share of accumulations to be paid toeach] [This column should be filled in so as to cover the whole amount that may stand to the credit of the subscriber in the fund at any time.] | Contingencies on the happening of which thenomination shall become invalid | Name, address and relationship of the person, ifany, to whom the right of nominee shall pass in the event of hispredeceasing the subscribe |
1.
...............2.
...............III. When the subscriber has no family and wishes to nominate one personI, having no family as defined in Rule 2 of the Contributory Provident Fund Rules (Orissa), hereby nominate the person mentioned below to receive the amount that may stand to my credit in the Fund, in the event of my death before that amount has become payable, or having become payable, has not been paid:| Name and address of nominee | Relationship with subscriber | Age | Contingencies on the happening of which thenomination shall become invalid | Name, address and relationship of the person, ifany, to whom the right of nominee shall pass in the event of hispredeceasing the subscribe |
1. ..........
2. ..........
IV. When the subscriber has no family and wishes to nominate more than one personI, having no family as defined in Rule 2 of the Contributory Provident Fund Rules (Orissa), hereby nominate the persons mentioned below to receive the amount that may stand to my credit in the Fund in the event of my death before that amount has become payable, or having become payable has not been paid, and direct that the said amount shall be distributed among the said persons in the manner shown below against their names;| Name and address of nominee | Relationship with subscriber | Age | [Account of share of accumulations to be paid toeach] [This column should be filled in so to cover the whole amount that may stand to the credit of the subscriber in the fund at any time.] | [Contingencies on the happening of which thenomination shall become invalid] [Where a subscriber who has no family makes a nomination, he shall specify in this column that the nomination shall become invalid in the event of his subsequently acquiring a family.] | Name, address and relationship of the person, ifany, to whom the right of nominee shall pass in the event of hispredeceasing the subscribe |