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[Cites 0, Cited by 0] [Section 16] [Entire Act]

State of Uttar Pradesh - Subsection

Section 16(1) in The General Provident Fund (U.P.) Rules, 1985

(1)Subject to the conditions specified herein, final withdrawals which will not be repayable may be sanctioned by the authorities competent to sanction an advance for special reasons under sub-rule (4) of Rule 13, at any time as follows :Note. - Forms of application and sanction order are given in Appendix 'B'.
(A)After the completion of twenty years of service (including periods of suspension followed by reinstatement and other broken periods of service, if any) of a subscriber or within ten years before the date of his retirement on superannuation, whichever be earlier from the amount standing to his credit in Fund, for one or more of the following purposes, namely :
(a)Meeting cost of higher education, including where necessary the travelling expenses, of the subscriber or any dependent child of the subscriber in the following cases, namely-
(i)education outside India for academic, technical professional or vocational course beyond the High School stage; and
(ii)medical, engineering or other technical or specialised course in India beyond the High School stage;
(b)Meeting the expenditure in connection with the marriage of the subscriber's sons or daughters, and any other relation actually dependent on him;
(c)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 person actually dependent on him.
(B)After the completion of twenty years of service (including period of suspension followed by reinstatement and other broken periods of service, if any) of subscriber or within ten years before the date of his retirement on superannuation whichever, be earlier, and subject to the restrictions in respect of pay in force for the eligibility of advances for the purchase of a motor car, motor cycle or scooter (including moped) under the rules in the Financial Handbook Volume V, Part I, from the amount standing to his credit in the Fund, for one or more of the following purposes, namely-
(i)purchasing a motor car, motor cycle or scooter (including moped) or for repaying an advance already taken for the purpose under the rules in the Financial Handbook, Volume V, Part I.
(ii)extensive repairs or overhauling of his motor car, motor cycle or scooter.
(C)After the completion of fifteen years of service (including period of suspension followed by reinstatement and other broken period of service, if any), of a subscriber or within ten years before the date of his retirement on superannuation, whichever be earlier from the amount standing to his credit in the Fund for one or more of the following purposes, namely :
(a)Building or acquiring a suitable house or ready-built flat for his residence including the cost of the site;
(b)Repaying an outstanding amount on account of loan expressly taken for building or acquiring a suitable house or ready-built flat for his residence;
(c)Purchasing a site for building a house for his residence or repaying any outstanding amount on account of loan expressly taken for this purpose;
(d)Reconstructing or making additions or alteration to a house or a flat already owned or acquired by a subscriber;
(e)Renovation, additions or alterations or upkeep of an ancestral house;
(f)Constructing a house on a site purchased under sub-clause (e).
(D)After the completion of three years of service (including period of suspensions followed by reinstatement and other broken periods of service, if any), of a subscriber from the amount standing to his credit in the Fund for the purpose of paying premium/premia of policies of life insurance, not exceeding four, including existing policies there to being financed from the Fund, effected by the subscriber on his own life or on the joint lives of the subscriber and his/ her wife or husband.
(E)Within twelve months before the date of the subscriber's retirement, from the amount standing to his credit in the Fund for the purpose of acquiring farm land or business premises or both.
Note 1. - Only one withdrawal shall be allowed for the same purpose under this rule. But marriage of different children or illness on different occasions or a further addition or alteration to a house or flat covered by a fresh plan duly approved by the municipal body of the area where the house or flat is situated or payment of premium/premia of policies of life insurance and education of children in different years shall not be treated as the same purpose. If two or more marriages are to be celebrated simultaneously the amount admissible in respect of each marriage will be determined as if the withdrawals are sanctioned separately one after the other.Note 2. - Second or subsequent withdrawal under sub-clause (a) or (b) of clause (C) for completion of the same house shall be allowed up to the limit laid down under Note 5.Note 3. - Only one withdrawal shall be allowed in a year for the payment of premium/premia of all policies of life insurance.Note 4. - A subscriber who has availed himself of an advance for house-building purpose under the rules in the Financial Handbook, Volume V, Part 1 or has been allowed any assistance in this regard from any other Government source, shall be eligible for the grant of final withdrawal under sub-clauses (a), (c), (d) and (f) of clause (C) for the purposes specified therein and also for the purpose of repayment of any loan taken under the aforesaid rules subject to the limit specified in sub-rule (1) of Rule 17.Note 5. - The house, flat or site for a house for which the amount, as aforesaid is proposed to be withdrawn shall be situated at the place of duty of the subscriber or his intended place of residence after retirement. If a subscriber has an ancestral house or built a house at a place other than the place of his duty with the assistance of loan taken from the Government, he shall be eligible for the grant of a final withdrawal under sub-clauses (a), (c) and (0 of clause (C) for purchase of a house site or for construction of another house or for acquiring a ready-built flat at the place of his duty.Note 6. - Withdrawal for the purposes specified in clause (C) shall be sanctioned after the sanctioning authority has satisfied itself that -
(i)the amount is actually required for the purpose mentioned by the subscriber;
(ii)the subscriber possesses or intends to acquire forthwith the right to build a house on the proposed site;
(iii)the amount withdrawn together with such other private savings, if any, as the subscriber may have, would be sufficient to build, acquire or redeem the house of the type proposed;
(iv)in the case of withdrawal for the purchase of a house site, house or ready-built flat, the subscriber will secure an undisputed title to the house-site, house or flat including the site;
(v)for the purposes referred to in clause (iv) above the subscriber has produced necessary deed and papers to the sanctioning authority proving his title in respect of the property in question.
Note 7. - The amount proposed to be withdrawn under sub-clause (b) of clause (C) together with the amount previously withdrawn, if any, under sub-clause (a), shall not exceed ¾ th of the balance on the date of application.Note 8. - Withdrawal under sub-clause (a) or (b) of clause (C) shall also be allowed where the house site or house is in the name of wife or husband provided she or he is the first nominee to receive Fund money in the nomination made by the subscriber.Explanation 1. - Where a subscriber already owns a house-site or a house or a flat, other than such share in a joint property as is not suitable for independent residential purpose he will not be sanctioned a withdrawal for the purchase, building, acquisition or redemption of a house-site or a house, or a flat as the case may be.Explanation 2. - Withdrawal may also be allowed for acquiring or building a house or a plot or land on lease from local bodies.Explanation 3. - Withdrawal is permissible for repayment of any sort of loan taken for house-building purposes whether the same has been taken from a private party or from Government under the Financial Handbook, Volume V, Part I, or under the Low or Middle Income Group Housing Scheme.Note 9. - Subject to the monetary limits laid down in clause (b) of sub-rule (1) of Rule 17, a withdrawal for the purchase of a motor car, motor cycle or scooter (including moped) may also be allowed When the subscriber has already taken an advance for the same purpose under the rules in the Financial Handbook, Volume V, Part I provided that the total amount from both these sources does not exceed the actual price of the motor car, motor cycle or scooter, as the case may be.Note 10. - The Life Insurance policies in respect of which withdrawal are sanctioned under clause (d) should not have been effected for the benefit of any beneficiary other than the wife or husband and children of the subscriber or any of them.Note 11. - A withdrawal under this rule shall not be sanctioned if an advance under Rule 13 is being sanctioned for the same purpose and at the same time.