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State of Chattisgarh - Section

Section 43 in The Indira Gandhi Agriculture University, Raipur Statutes, 1987

43.

(1)Withdrawals from the fund and recoveries.- At the discretion of the Committee a temporary advance, not exceeding in any case the subscriber's own subscription and interest thereon, may be granted to a subscriber on application, out of the amount standing to his credit in the fund, subject to the following conditions
(a)No advance shall be granted unless the Committee is satisfied that the applicant's pecuniary circumstances justify it and an undertaking is given that it will be expended on the following object or objects and not otherwise :
(i)to pay expenses incurred in connection with the illness of the subscriber or any person of his family or in special circumstances of any other person actually dependent upon him. The part final withdrawal shall be allowed for this purpose after completion of 20 years service and amount to withdrawal shall not exceed one half of the balance or six months pay, whichever is less;
(ii)to pay for the overseas passages for reasons of health or education of the applicant or any other person actually dependent upon him.
(iii)to meet the cost of education of himself or of any person actually dependent on him in the following types of cases
(a)For education outside India, whether for an academic, technical professional or vocational courses;
(b)For medical, engineering and other technical or specialised courses in India beyond the high school stage, provided that the courses of study is not less than three years;
(c)The part final withdrawal shall also be admissible for purposes mentioned under items (a) and (b) above after completion of 20 years of services. The amount of withdrawal shall not exceed three months' pay or half of the balance, whichever is less, and will be permissible every six months i.e. twice in any financial year provided that it will not ordinarily be allowed before the expiry of six months from the date of previous withdrawal;
(iv)to pay obligatory expenses in a scale appropriate to the subscriber's status to which by customary usage the applicant has to incur in connection with the marriage, funeral or any ceremony relating to any person referred to in sub-clause (i);
(v)to meet the expenditure on building repairs, remodelling or purchase of a house and/or a site for a house provided that such house or site shall not be encumbered or alienated in any manner without prior permission from Vishwavidyalaya or the sanctioning authority :
Provided that in the case of an employee whose income under the head 'Salaries' does not exceed the amount prescribed under Income-Tex Rules, 1962 the Committee may, in its discretion waive the condition that such house or site shall be assigned to them and instead require as a condition that the employee shall not encumber or alienate the property in any manner;
(vi)to pay premium on policies of insurance on the life of the employee or his wife :
Provided that the number of policies in respect of which the facility referred to above is allowed will not exceed 4 at a time and the premia shall not be payable otherwise than annually :Provided further that the amount of advance for the purposes of payment of insurance premium shall be limited to the limit specified under Statute 43 (2)(a);
(vii)to meet the cost of legal proceedings constituted by the employee for vindicating its position in regard to any allegations made against him in respect of any act done or purporting to be done by him in the discharge of his official duty or meet the cost of his defence when he is prosecuted by the employer in any Court of law in respect of any official misconduct on his part :
Provided that the advance under this para shall not be admissible to an employee who instituted legal proceedings in any Court of law either in respect of any matter unconnected with his official duty or against employer in respect of any condition of service or penalty imposed on him;
(viii)to meet any other expense or liability which in the opinion of the Committee is extraordinary and beyond the ordinary means of the subscriber; such as advance for purchase of grain etc.
Explanation. - For the purpose of sub-rule (1) "family" means any of the following persons who are wholly dependent on the employee, namely-the employee's wile, legitimate children, step-children, parents, sisters and minor brothers.
(2)Conditions for withdrawal for Various Purposes. - The amount of advances as admissible under the following rules are subject to condition that the balance left at the credit of the subscriber, alter the sanction of advance shall not be less than Rs. 100/- in case of Class IV employees and Rs. 400/- in case of others :
(a)An advance shall not, except for undermentioned and other special reasons to be recorded in writing by the sanctioning authority, exceed three months' pay or half the amount of subscriber's own contribution to the Fund and interest thereon, whichever is less.
(i)The withdrawal in connection with expense on marriages as specified in clause (iv) of Statute 43 (1)(a) shall not exceed six months' pay or the total of the accumulation of exempted contributions and exempted interest lying to the credit of the employees after leaving the minimum balance as laid down in Rule 43 (2) above, whichever is less :
Provided further where a withdrawal is allowed after completion of 20 years of service, for the marriage of sons and daughters and any other female relation actually dependent on him, the amount of withdrawal shall not exceed 10 months' pay or halt the balance whichever is less and shall be treated as part final. In special cases, the sanctioning authority may relax this limit to the extent of 15 months' pay or 75% of balance, whichever is less.
(ii)The withdrawal for the purpose specified in clause (v) of sub-para (a) of Statute 43 (1) shall be subject to the following conditions-
(1)the amount of withdrawal shall not exceed one-half of the amount standing to the employee's credit or the actual cost of the house and/or the site, whichever is less. The sanctioning authority may however sanction, the withdrawal of an amount in excess of the prescribed limit, but not exceeding 75% of the balance at credit of the subscriber in the Fund, as a special case, at his discretion;
(2)the employee shall have completed ten years of service or is due to retire within the next ten years;
(3)the construction and/or repairs, remodelling of the house should be commenced within six months of the withdrawal and should be completed within one year from the date of commencement of the construction;
(4)if the withdrawal is made for the purchase of a house and/or a site for a house, the purchase should be made within six months of the withdrawal;
(5)if the withdrawal is made for the repayment of loan previously raised for the purpose of construction or purchase or repairs, remodelling of a house the repayment of the loan should be made within three months of the withdrawal.
(6)where the withdrawal is for the construction of a house, it shall be permitted in two or more equal instalments (not exceeding four), a later instalment being permitted only after verification by the Committee about the actual utilisation of the withdrawal;
(7)the withdrawal shall be permitted only if the house and/ or site is free from encumbrances and no withdrawal shall be permitted for purchasing a share in a joint property or building or house or land whose ownership is divided;
(8)if the amount withdrawn exceeds the actual cost of the purchase or construction or repairs, remodelling of the house and/or site, or if the amount is not utilised for the purpose for which it is withdrawn the excess or the whole amount, as the case may be, shall be refunded to the Committee forthwith in one lump-sum together with interest from the month of such withdrawal at the rate prescribed in Statute 43 (3) (viii). The amount refunded shall be credited to the employee's amount in the Provident Fund;
(iii)The withdrawal for the purpose specified in clause (vii) of Statute 43 (1)(a) shall not exceed three months' pay or Rs. 500/- whichever is greater, but shall in no case exceed half the amount to the credit of the employee;
(iv)The amount of temporary advance for purchase of plot or site shall not exceed six months' pay or half the balance or actual cost of the site whichever is less and will not be admissible until after completion of five years of service, provided the house site/plot shall not be encumbered or alienated in any manner without prior permission of the Vishwavidyalaya. Repayment of this advance shall be made in not more than 30 instalments.
(b)The advance shall in no case exceed the amount of subscriber's own contribution to the fund and interests thereon.
(c)For the purpose of this rule, 'pay' means the pay to which the employee is entitled at the time when the withdrawal is granted or, in the case of an employee referred to in sub-rule (2) of Rule 5 of Part A of the Fourth Schedule of the Income-Tax Act, 1961, the pay (including increments, if any) which he would have received had he not entered the armed forces of the Union or been taken into or employed in the National Service;
(d)An advance shall not, except for special reasons, be granted until atleast 12 months after the final repayment of all previous advances together with interest unless the amount already advanced does not exceed two-third of the amount admissible under Statute 43 (2) (a) :
Provided that an advance may be granted for the payment of insurance premium specified in Para 43 (1)(vi) notwithstanding that sum advanced for any other purpose has not been repaid.
(i)A second advance shall not except under special circumstances be granted to a subscriber if more than half the advance given in the first instance is outstanding.
(ii)If two advances are running concurrently, a third advance shall not be granted until atleast one year has lapsed since the complete recovery of the first advance together with interest thereon. Advance given for purposes of grains will not be counted in this limit of two advances.
(3)Repayment of amounts withdrawn. - (i) Subject to the provisions of Statute 43 (2) (a)(ii) (1) to (8) where a withdrawal is allowed for a purpose specified in clauses (v) and (vi) of Statute 43 (1) (a) the amount withdrawn need not be repaid.
(ii)Where a withdrawal is allowed in connection with the marriage as specified in clause (iv) of Statute 43 (1)(a) the amount withdrawn shall be repaid in not more than forty-eight monthly instalments.
(iii)Where a withdrawal is allowed for any other purpose the amount withdrawn shall be repaid in not more than twenty-four equal monthly instalments.
(iv)A subscriber may at his option repay more than one instalment in one month.
(v)Each instalment shall be in whole rupee, the amount of the advance being raised or reduced, if necessary to admit the fixation of such instalments.
(vi)The Vishwavidyalaya shall deduct the instalments aforesaid from the employee's salary and pay them to the Fund. The deduction shall commence from the second monthly payment of salary made after withdrawal. Recovery shall not be made, except with the subscriber's consent while he is on leave other than ordinary leave on full average pay, or in receipt of subsistance grant.
(vii)Recoveries made under this Statute shall be credited as they are made to the subscriber's account in the Fund.
(viii)After the principal of the advance has been fully repaid, interests shall be recovered at the same rate as is to be credited to the employee's provident fund deposits during the year of sanction and as shown in the following table :-
Where the amount is repaid in not more than 12monthly instalments. One instalment of interest on the amount withdrawn.
Where the amount is repaid in more than 12 but notmore than 24 monthly instalments. Two instalments of interest on the amountwithdrawn.
Where the amount is repaid in more than 24 but notmore than 36 monthly instalments. Three instalments of interest on the amountwithdrawn.
Where the amount is repaid in more than 36 but notmore than 48 monthly instalments. Four instalments of interest on the amountwithdrawn.
Where the amount is refunded under Statute 43 (2)(a) (ii) (8). One instalment of the interest on the amount whichis refundable :
Provided that at the discretion of the committee interest may be recovered on the amount aforesaid or the balance thereof outstanding from time to time at 1 per cent above the rate which is payable for the time being on the balance in the Fund at the credit of the employee.
(ix)Whole of interest shall ordinarily be recovered in the month after complete repayment of the principal but if the period of repayment of advance exceeds 20 months, interest may, if the subscriber so desired, be recovered in two equal instalments.
(x)Each advance shall be treated separately for the purpose of recovery.
(4)Conversion of an advance into Part-Final Withdrawal. Subject to eligibility for part-final withdrawal, a subscriber who has already drawn or may draw in future an advance for any purpose specified in sub-clauses (i), (ii), (m) and (iv) of clause (1) and sub-clause (a)(iv) of clause (2), may convert at his discretion by written request to the competent authority the balance outstanding against it, into a part-final withdrawal.