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State of Madhya Pradesh - Section

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

16B.

(1)For the purposes mentioned in sub-clause (a) of Clause (A) of sub-rule (1) of Rule 16-A-
(i)The amount of withdrawal should not exceed three months' pay or half the balance to the credit of the subscriber in the fund, whichever is less :
[Provided that in special case such as admission to Medical and Technical courses, the sanctioning authority may sanction 75% of the balance standing to the credit of a subscriber or amount equal to admission fees and other fees, whichever is less.] [Inserted by Notification No. G. 25/6/2000/C/IV, dated 24-9-2001.]
(ii)[ the withdrawal will be permissible once in a year provided that it will not ordinarily by allowed before the expiry of one year from the date of the previous withdrawal.] [Substituted by Notification No. G-25-2-2000-C-IV, dated 25-2-2000 (w.e.f. 3-3-2000).]
(iii)No temporary [advance under Clause (c) of Rule 15 (1)] [Substituted by Notification No. G-25-31-95-C-IV, dated 1-3-1996.] shall be admissible in addition to the withdrawal under this rule.
(iv)The officer concerned should satisfy the sanctioning authority within a period of six months from the date of drawing the money that it has been utilised for the purpose for which it was intended, otherwise the whole amount of withdrawal will be liable to recovery in one lump-sum. In cases where a portion of the money withdrawn is not likely to be spent within six months of the date of withdrawal and the officer contemplates making a further withdrawal during the following half year, he may by notifying in writing to the sanctioning authority before the expiry of the period of six months adjust the excess amount in the proposed withdrawal provided that such excess amount is not more than 10 per cent of the amount utilized and action to withdraw the further amount is taken within one month of the expiry of the six months' period, and if no further withdrawal is contemplated, the excess amount should be deposited forthwith in the provident fund; any amount withdrawn from the fund which is found to be in excess of that actually required by the officer for the purpose should be redeposited forthwith into the fund :
[Provided that, before repayment of a withdrawal is enforced under this sub-rule, the subscriber shall be given an opportunity to explain in writing, and within fifteen days of the receipt of the communication, as to why the repayment should not be enforced and if the Government is not satisfied with explanation or no explanation is submitted by the subscriber within the said period of fifteen days, it shall be ordered by the Government to enforce the repayment in the manner prescribed in this sub-rule.] [Inserted by Notification No. F.B. 9/1/87/R-II/IV, dated 31-3-1987.]The sanctioning authorities will satisfy themselves within six months of the withdrawal that the above conditions are fulfilled, and furnish a certificate to that effect to the Accounts Officer.
(2)For the purpose mentioned in sub-clause (b) of Clause (A) of sub-rule (1) of Rule 16-A :-
(i)The amount of withdrawal will normally be limited to ten months' pay or one-half of the amount standing to the credit of the subscriber, in the fund, whichever is less.
(ii)If two or more marriages are to be celebrated the amount admissible in respect of each marriage will be determined as if the withdrawals are sanctioned separately one after other.
(iii)[ in special cases the sanctioning authority may relax the limit of Clause (i) above but not more than 75% of the balance standing in the credit of a subscriber for the marriage of first daughter. For the marriage of other daughters/sons the sanctioning authority may relax the limit of Clause (i) above but in no case more than fifteen months' pay or 75% of the balance standing to the credit of a subscriber, whichever is less, be sanctioned.] [Substituted by Notification No. G-25-2-2000-C-IV, dated 25-2-2000 (w.e.f. 3-3-2000).]
(iv)In respect of the same marriage either final withdrawal under Rule 16-A (1) or advance under Rule 15 may be drawn and not both.
(v)The withdrawal may be allowed to the subscriber not earlier than three months preceding the month in which marriage actually takes place.
(vi)The subscriber shall furnish a certificate to the sanctioning authority within the period of one month from the date of marriage, or if he is on leave from return of leave, that the money withdrawn has actually been utilized for the purpose for which it was intended. If the subscriber fails to furnish the requisite certificate, or if the amount withdrawn is utilized for the purpose other than that for which sanction was given, the entire amount shall be redeposited forthwith into the fund in one lump-sum :
[Provided that, before repayment of a withdrawal is enforced under this sub-rule the subscriber shall be given an opportunity to explain in writing and within fifteen days of the receipt of the communication as to why the repayment should not be enforced, and if the sanctioning authority is not satisfied with the explanation or no explanation is submitted by the subscriber within the period of fifteen days it shall be ordered by the sanctioning authority to enforce the repayment in the manner prescribed in this sub-rule.] [Inserted by Notification No. G-25-31-95-C-IV, dated 1-3-1996.]
(vii)Any amount actually withdrawn from the fund which is found to be in excess of that actually utilized by the subscriber for the purpose shall be re-deposited forthwith into the fund.
(3)For the purpose specified in sub-clause (c) of Clause (A) of sub-rule (1) of Rule 16-A :-
(i)Any sum withdrawn by a subscriber at any one time for the above purpose from the amount standing to his credit in the Fund shall not exceed one-half of such amount or six months' pay, whichever is less :
[Provided that in cases of serious illness such as heart operation, treatment of cancer, kidney transplantation etc. the sanctioning authority may sanction equal to ten month's pay subject to sufficient balance amount standing to the credit of a subscriber.] [Inserted by Notification No. G. 25/6/2000/C/IV, dated 24-9-2001.]
(ii)[ A subscriber who has been permitted to withdraw money from the fund under sub-clause (c) of Clause (A) of sub-rule (1) of Rule 16-A of the said rules shall satisfy the sanctioning authority within a period of six months from the date of withdrawal that the money has been utilised for the purpose for which it was withdrawn, and if he fails to do so, the whole of the sum so withdrawn or so much thereof as has not been applied for the purpose for which it was withdrawn, shall forthwith be repaid in one lump-sum by the subscriber, to the fund, and in default of such payment, it shall be ordered by the sanctioning authority to be recovered from his emoluments either as may be determined by the sanctioning authority : [Substituted by Notification No. F.B. 9/1/87/R-II/IV, dated 31-3-1987.]
Provided that, before repayment of withdrawal is enforced under this sub-rule, the subscriber shall be given an opportunity to explain in writing and within fifteen days of the receipt of the communication as to why the repayment should not be enforced and if the sanctioning authority is not satisfied with the explanation or no explanation is submitted by the subscriber within the said period of fifteen days, it shall be ordered by the sanctioning authority to enforce the repayment in the manner prescribed in this sub-rule.]
(iii)No temporary [advance under Clause (a) of Rule 15 (1)] [Substituted by Notification No. G-25/31/95/C/IV, dated 1-3-1996.] shall be admissible in addition to the withdrawal under this rule.
(4)For the purpose specified in sub-clauses (a), (b), (c), (d), (e) and (f) of Clause (B) and in Clause (C) of sub-rule (1) of Rule 16-A :-
(i)[ Any sum withdrawn by a subscriber at any one time for one or more of the purposes, from the amount standing to his credit in the fund shall not ordinarily exceed one half of such amount or six months' pay, whichever is less. The sanctioning authority may, however, sanction the withdrawal of an amount in excess of this limit upto ¾ of the balance at his credit in the fund having due regard to (a) the object for which the drawal is being made, (b) the status of the subscriber, and (c) the amount to his credit in the fund provided that in the case of 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, the sum withdrawn under this sub-rule together with the amount of advance shall not exceed [Rupees five lakhs] [Substituted by Notification No. F.B. 9/1/87/R-II/IV, dated 31-3-1987.].]
(ii)The whole amount may be allowed to be withdrawn in one instalment in cases of outright purchase of a house-site or ready-made house or for repayment of a loan earlier taken for the purpose and in three equal instalments if the payment for the site is to be made on an instalment basis or withdrawal is intended for construction of house the instalments after the first being authorised by the sanctioning authority after verification regarding progress of construction of the house.
Withdrawal of money for the purposes of additions and alterations to a house shall be regulated as under,-Upto Rs. 3,000-in one instalment.Rs. 3,001 to 6,000-in two equal instalments, the second instalment being authorised by the sanctioning authority after verification of progress of the work.Above Rs. 6,000-in three equal instalments, the second and third instalments being authorised after verification of the progress of the work.Withdrawal of the amount to the extent admissible may be allowed in one or more instalments as fixed under rules of M.P. Housing Board where a house is to be acquired on hire-purchase system in accordance with the scheme of the Board.
(iii)A subscriber who has been permitted to withdraw money from the fund shall satisfy the sanctioning authority within a reasonable period as may be specified by that authority that the money has been utilized for the purpose for which it was withdrawn and if he fails to do so the whole of the sum so withdrawn or so much thereof as has not been applied for the purpose for which it was withdrawn shall forthwith be repaid in one lump-sum, and in default of such payment it shall be ordered by the sanctioning authority to be recovered from his emoluments either in a lump-sum or in such number of monthly instalments as may be determined by the State Government:
[Provided that, before repayment of a withdrawal is enforced under this sub-rule, the subscriber shall be given an opportunity to explain in writing and within fifteen days of receipt of the communication, as to why the repayment should not be enforced, and if the sanctioning authority is not satisfied with the explanation or no explanation is submitted by the subscriber within the said period of fifteen days, it shall be ordered by the sanctioning authority to enforce the repayment in the manner prescribed in this sub-rule.] [Inserted by Notification No. F.B. 9/1/87/R-II/IV, dated 31-3-1987.]
(iv)A subscriber who has been permitted under sub-clauses (a), (b), (c), (d) and (f) of Rule 16-A (1) (B) and Rule 16-A (1) (C) to withdraw money from the amount standing to his credit in the fund shall not part with the possession of the house so built or acquired or house-site so purchased, by way of sale, mortgage, gift, exchange or lease for a term exceeding three years, without the previous permission of the sanctioning authority. He shall submit a declaration not later than the 31st day of December of every year to the effect that the house or, as the case may be, the house-site continues to be in his possession and shall, if so required produce before the sanctioning authority on or before the date specified by the authority in that behalf, the original sale deed and other documents on which Iris title to the property is based.
If at any time before retirement, he parts with the possession of the house or house-site without obtaining the previous permission of the sanctioning authority the sum withdrawn by him 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 him in a lump-sum or in such number of monthly instalments, as may be determined by the State Government.
(5)[ For the purpose specified in sub-clause (d) of clause (A) of sub-rule (1) of Rule 16-A:-
(i)the amount of withdrawal should not exceed [ten months] pay or half of the balance to the credit of the subscriber in the fund, whichever is less;
(ii)the withdrawal may be allowed to the subscriber not earlier than three months preceding the month in which the commencement of journey takes place;
(iii)the withdrawal shall be permissible once in whole service;
(iv)no temporary advance shall be admissible in addition to the withdrawal under this rule;
(v)the subscriber shall furnish a certificate to the sanctioning authority within the period of one month from the date of completion of Hajyatra [or Teerth Yatra] [Inserted by M.P.F.D. Notification No. F. 5/3/2003/Rule/Four, dated 8-10-2003.], that the money withdrawn has actually been utilized for the purpose for which it was intended. If the subscriber fails to furnish the requisite certificate, or if the amount withdrawn is utilized for the purpose other than that for which sanction was granted, the entire amount shall be redeposited forthwith into the General Provident Fund in lump-sum :
Provided that before repayment of a withdrawal is enforced under this sub-rule, the subscriber shall be given an opportunity to explain in writing within 15 days of the receipt of the communication as to why the repayment should not be enforced and if the sanctioning authority is not satisfied with the explanation submitted by the subscriber the sanctioning authority shall by order in writing enforce the repayment in the manner prescribed in this sub-rule.] [Inserted by Notification No. G-25/9/98/C/IV, dated 2-9-1998.]
(6)[ For the purpose specified in clause (D) of sub- rule (1) of Rule 16-A:-
(i)The amount of withdrawal shall not exceed 90% of the amount standing to the credit of the subscriber in the fund.
(ii)This facility shall be admissible only once.]