Section 18(3) in The Employees' State Insurance Corporation (General Provident Fund) Rules, 1995
(3)(a)A subscriber who has been permitted under clause (i), (ii) or (iii) of sub-rule (2) of rule 17 to withdraw money from the amount standing to hiscredit in the Fund, shall not part with the possession of the house, built or acquired, or house-site purchased with the money so withdrawn, whether by way of sale, mortgage (other than mortgage to the Director-General), gift, exchange or otherwise, without the previous permission of the Director-General:Provided that such permission shall not be necessary for(i)the house or house-site being leased for any term not exceedingthree years, or(ii)its being mortgaged in favour of a Housing Board, Nationalised Banks, the Life Insurance Corporation or any other Corporation owned or controlled by the Central Government which advances loans for the construction of a new house or for making additions or alteration to an existing house.(b)The subscriber shall submit a declaration not later than the 31st day of December of every year as to whether the house or the house-site as the case may be, continues to be in his possession or has been mortgaged, otherwise transferred or let out as aforesaid and shall, if so required, produce before the sanctioning authority on or before the date specified by that authority in that behalf, the original sale, mortgage or lease deed and also the documents on which his title to the property is based.(c)If at any time before his retirement, the subscriber parts with the possession of the house or house-site without obtaining the previous permission of the Director-General, he shall forthwith repay the sum so withdrawn by him in default of such repayment, the sanctioning authority shall, after giving the subscriber a reasonable opportunity for making a representation in the matter cause the said sum to be recovered from the. emoluments of the subscriber either in lumpsum or in such number of monthly instalments, as may be determined by it.Note.- A subscriber who has taken loan from ESI Corporation in lieu thereof mortgaged the house or house-site to the Corporation shall be required to furnish the declaration to the following effect, namely:Declaration"I do hereby certify that the house or house-site for the construction of which or for the acquisition of which I have taken a final withdrawal from the Provident Fund continues to be in my possession but stands mortgaged to Corporation."
