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State of Madhya Pradesh - Section

Section 16A in The M.P. General Provident Fund Rules, 1955

16A.

(1)Subject to the conditions specified therein withdrawals may be sanctioned by the authorities competent to sanction [an advance under sub-rule (9) of Rule 15] [Substituted by Notification No. G-25/31/95/C/IV, dated 1-3-1996.], at any time,-
(A)After the completion of [fifteen years] [Substituted by Notification No. G-25/10/96/C/IV, dated 21-11-1996.] of service (including broken periods of service, if any) of a subscriber or within ten years before the date of his retirement on superannuation whichever is earlier, [from the amount standing to his credit in the fund except the credit of the amount of arrears of pay] [Substituted by Notification No. G-25-2-2000-C-IV, dated 25-2-2000 (w.e.f. 3-3-2000).] for one or more of the following purposes, namely :-
(a)meeting the cost of higher education, including where necessary, the travelling expenses of the subscriber or any child of the subscriber in the following cases, namely :-
(i)for education outside India for academic, technical, professional or vocational course beyond the High School stage; and
(ii)for any medical, engineering or other technical, professional or specialised course in India beyond the High School stage;
(b)meeting the expenditure in connection with the betrothal/ marriage of the subscriber or his sons or daughters and any other female relations actually dependent on him;
(c)meeting the expenses in connection with the illness, including where necessary, the travelling expenses of the subscriber and members of his family or any person actually dependent on him;
(d)[ meeting the expenditure in connection with Hajyatra [or Teertha Yatra] [Inserted by Notification No. G-25/9/98/C/IV, dated 2-9-1998.] of the subscriber.]
(B)After the completion of [ten years] [Substituted by Notification No. F.B. 9/2/85/R-II/IV, dated 11-6-1985.] of service (including broken periods of service, if any) of a subscriber or within ten years before the date of his retirement on superannuation, whichever is earlier, from the amount standing to his credit in the fund for one or more of the following purposes,-
(a)building or acquiring a suitable house or ready built flat for his residence including the cost of 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 house site for building a house thereon for his residence or repaying any outstanding amount of loan expressly taken for this purpose;
(d)reconstructing or making additions or alterations to a house or a flat already owned or acquired by a subscriber;
(e)renovating, additions or alterations or upkeep of an ancestral house at a place other than the place of duty or to a house built with assistance of loan from Government at a place other than the place of duty;
(f)constructing a house on a site purchased under sub-clause (c);
(C)Acquiring a farm land or business premises or both within six months before date of the subscriber's retirement.
(D)[Within twelve months before the date of subscriber's retirement on superannuation from the amount standing to the credit in the fund, without linking to any purpose.] [Inserted by Notification No. F-5-5-2002-C/IV, dated 25-1-2003 (w.e.f. 31-1-2003).]
Note 1. - A subscriber who has availed himself of an advance from Government for house building purpose under sub-section (1) of Section IV under Chapter 13 of the Madhya Pradesh Financial Code, Volume I shall be eligible for grant of withdrawal under sub-clauses (a), (c), (d) and (f) of Clause (B) for the purposes specified therein and also for the purpose of repayment of any loan taken from Government subject to the limit specified in Clauses (i) and (ii) of sub-rule (4) of Rule 16-B.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 part-final withdrawal under sub-clauses (a), (c) and (f) of Clause (B) for purchase of a house site or for construction of another house or acquiring a ready built flat at the place of his duty.Note 2. - Withdrawal under sub-clause (a), (d), (e) or (f) of Clause (B) shall be sanctioned only after a subscriber has submitted a plan of the house to be constructed or of the additions or alterations to be made, duly approved by the local municipal body of the area where the site or house is situated and only in cases where the plan is actually got to be approved.Note 3. - The amount of withdrawal sanctioned under sub-clause (c) of Clause (B) shall not exceed ¾th of the balance on the date of application together with the amount of previous withdrawal under sub-clause (a), reduced by the amount of previous withdrawal.The formula to be followed is :-¾th of [balance as on the date + amount of previous withdrawal (s) for the house in question] minus the amount of previous withdrawal (s).Note 4. - A withdrawal under sub-clause (a) or (d) of Clause (B) 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 Provident Fund money in the nomination made by the subscriber.Note 5. - Only one withdrawal shall be allowed for the same purpose under this rule. But marriage or education 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 local municipal body of the area where the house or flat is situated, shall not be treated as the same purpose. Second or subsequent withdrawals under sub-clause (a) or (f) of Clause (B) for completion of the same house shall be allowed up to the limit laid down under Note 3.Note 6. - A withdrawal under this rule shall not be sanctioned if an advance under Rule 15 has been sanctioned for the same purpose and at the same time.
(2)The authorities competent to sanction [an advance under sub-rule (9) of Rule 15] [Substituted by Notification No. G-25-31-95-C-IV, dated 1-3-1996.] may sanction withdrawal for the purpose of acquisition of farm land/or business premises within 6 months of the date of retirement of a subscriber from the amount standing to his credit in the fund.
(3)Whenever a subscriber is in a position to satisfy the competent authority about the amount standing to his credit in the General Provident Fund with reference to the latest available statement of General Provident Fund Account together with the evidence of subsequent contribution, the competent authority may itself sanction withdrawal within the prescribed limits, as in the case of a refundable advance. In doing so, the competent authority shall take into account any withdrawal or refundable advance already sanctioned by it in favour of the subscriber. Where, however, the subscriber 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 may be made to the Accountant-General by the competent authority for ascertaining the amount standing to the credit of the subscriber with a view to enable the competent authority to determine the admissibility of the amount of withdrawal. The sanction for the withdrawal should prominently indicate the General Provident Fund Account Number and a copy of the sanction for withdrawal should invariably be endorsed to the Accountant-General. The sanctioning authority shall be responsible to ensure that an acknowledgement is obtained from the Accountant-General's Office that the sanction for withdrawal has been noted in the ledger account of the subscriber. In case the Accountant-General's Office reports that the withdrawal as sanctioned is in excess of the amount to the credit of the subscriber or otherwise inadmissible the sum withdrawn by the subscriber shall forthwith be repaid in one lump-sum by the subscriber to the Fund and in default of such repayment, it shall be ordered by the sanctioning authority to be recovered from his emoluments either in lump-sum or in such number of monthly instalments as may be determined by the Governor.
(4)After sanctioning the withdrawal, the amount shall be drawn, on an authorisation from the Accounts Officer in cases where the application for final payment had been forwarded to the Accounts Officer under Clause (ii) of sub-rule (3) of Rule 32.