REGISTERED No. D-28
The Gazette of India
EXTRAORDINARY
PUBLISHED BY AUTHORITY
NEW DELHI, FRIDAY, APRIL 1, 1949
GOVERNMENT OK INDIA
MINISTRY OF DEFENCE
NOTIFICATION
New Delhi, the 1st April 1949
No. 44/E.—The Governor General is pleased to make the following rules regarding the creation and administration of a Provident Fund for the benefit of the Armed Forces Personnel (other than officers, Warrant Officers of the C.I.N., and civilians).
THE ARMED FORCES PERSONNEL PROVIDENT FUND.
1. Short title and definitions.—(i) These rules may be called the Armed forces Personnel Provident Fund Rules, 1949.
(ii) They shall come into force on the 1st April, 1949.
2. In these Rules—
(i) "Accounts Officer" means the Deputy Assistant Military Accountant general, Hollerith Section, Meerut.
(ii) "Emoluments" include basic pay (including deferred pay) plus:—
(a) In the case of R.I.N.— Good Conduct Pay. Higher Part II Qualification Pay.
(b) In the case of Army—
Bank/Appointment Pay. Increments of pay for Man's service. Good Service Pay,
(c) In the case of R.I.A.F.—
Badge Pay.
(iii) "Family" means the wife or wives and children of a subscriber and the dow or widows, and children of a deceased son of the subscriber An adopt- child shall be considered to be a child when the Accounts Officer or if any ibt arises in the mind of the Accounts Officer, the Legal Remembrancer or ner Chief Legal Adviser of the Government of the Province or the acceding ate where the subscriber is ordinarily residing, is satisfied that, under the sonal law of the subscriber adoption is legally recognised as conferring the tus of a natural child, but in this case only
( 585 )
686 1'HB GA^eWE OF INDIA EXTRAORDINARY, APRIL 1, 1W9(iv) "Fund" rneans the Armed Forces Personnel Provident Fund, (v) "Year" means a financial year. (yi) Any other expression used in these Rules which is defined in th"j Provident Fund Act (XIX) of 1925 is used in the souse therein denned.
3. Subscribers.—(i) The Fund shall be administered by the Governor General and shall be maintained in India in rupees.
(ii) It shall be open to all personnel (other thun officers, Warrant Officers of the li.l.N. and civilians) of the regular Indian Armed Forces.
(iii) Subscription is optional. (iv) An individual who exercises the option allowed by Clause (iii) may discontinue subscribing to the Fund at any time, but his right to renew sub- scription shall lapso if he discontinues subscribing, exoopt under the circum- stances mentioned below, more than three times: —
(a) when on leave, (b) when declared as missing, (c) when undergoing a term of imprisonment following conviction, and (d) when pay and allowances are utopped under the regulations.
(v) These Rules apply to personnel of the regular Indian Armed Forces In civil employ in the same manner and on the same terms and conditions as they apply to personnel employed in the Army, Navy or the Air Force.
4. Subscriptions.—(i) An account shall bo maintained in the name and Offieial/Regirnental/Servioe Number of each subscriber and shall show the amount of his subscriptions with interest thereon calculated as in Rule 6.
(ii) Eaoh subscriber shall subscribe to the Fund in accordance with his sub- stantive rank but not lesa than the amounts stated below:—
MB. per mensem.
SO
16 10
\
8 T T o n y. C a p t a in . . . . . .. H o n y, L i o u t e n a nt . . . . .. R i s a l d ar M a j o r / S u b e d ar M s j or . . .. M a s t er W a r r a nt O f f i c er ( R I A F) . . .. R i u a l d a r / S u b e d ar W a r r a nt O f f l e e r - O l. I ( A r m y)
. /
10
0 W a r r a nt O f f i c er ( M A P) JeWdar , \ Warrant Offioer 01. II (Army) • . . . . J
\
8
J \
6 OWef Petty Officer Flight Sergeant Petty Officers . Sergeant
J
Dafadar/Havildar
L. S.
\
C o r p o r al . v. . . . . . . j
4 3
1
.2
1 L a n ce D a f a d a r / L a n oe H a v i l d ar . . .. Naik Lanoe Nalk )• A.B./OD. L.A.C. and below 1 Sowor/Sopoy . . . .. . , . . J N.O. (E) . . . "
'
Note. —Individuals holding war nubstuntivG rank or who are re-enrolled in a lower rank hnd immediately granted a higher acting rank in authorised vacancies will be permitted to subscribe at the rate appropriate to their war substantive or acting rank.
THE GAZETTE .OF INDIA EXTEAOEDINAEY, APlttL 1, 1949 687On substantive promotion the necessary alteration will be made in the mbscriptions commencing with the first month during the whole of which the increased pay in drawn. Apart from the alteration necessitated by substantive promotion, a subscriber may make a change in the rate of his subscription once a year only, namely in the pay accounts for March of each year.
New entrants to the Fund will become subscribers with effect from the first day of a month for which full pay is drawn after an1 application ia sub- mitted to join the Fund arid the subscriber has received an intimation from the Aooounts Officer that he has been admitted to the Fund.
'. (iii) Subscriptions above these minima, shall be optional. The maximum subscription shall be three times the minimum.
(iv) Subject to the nbove minima and maxima, the. amount to he subscribed shall be fixed by the subscriber himself and must be a complete number of rupees.
. . B. Subscriptions will ordinarily be realised by debiting tho individual's accounts maintained on I B T J\ sytftpm. In cases, however, where "the accounts are not maintained on TRLA system, the recovery will be effected by deduction from pay by the Accounts Officer disbursing the pay and allowances of the individual.
8. Interest on Subscriptions.—Interest at the rate for the time being allowed on subscrptions to the Oneral Provident "Fund shnll be credited by Government, an from the 31 st March of each year, to the account of each subscriber to the Fund, subject to the following conditions:—
(i) Interest for 12 months ahull be credited on the amount at the credit of the subscriber on the 81st Mp.rch of the preceding year, less any advance taken during the year.
(ii) Interest shall be credited for each month of the year upon the sum by which the minimum amount at the credit of the subscriber between the close of the fourth day and the end of the month, exceeds the amount on which interest is cred;tod under clnuse (i) above. For.the purpose of this rule a subscription paid by deduction from emoluments shall be treated as having been deposited in the Fmid on the first day of the month in which payment is actually made.
(iii) The total amount of interest credited to a subscriber's account as from 31st March in any year shall be rounded off to tho nearest rupee.
(iv) Before the amount at a subscriber's credit in the Fund is finally paid his acoount shall be credited with interest up to tho end of the month preceding that in which the payment is made, or up to the end of the sixth month nfter
the end of the month in which he quitted the service or died, whichever of these periods be less.
(v) The rate of interest shall be liable to revision on the 1st April of each year without notice.
(vi) Muhammadnn subseriherFs who do not desire to receive interest on their deposits shall not be given interest, hut if they subsequently ask for interest it shall he given with offepf. from 1st April of the year in which such request is made.
7. Advances from tho fund.—(1) Subject to tho conditions specifiod in sub- Krulo (2), a temporary Rdvnneo may he granted to a subscriber from the amount -tanding to his credit in the fund nt the discretion of :-^
588 THE GAZETTE OF INDIA EXTRAORDINARY, APRIL 1, 19*w(1) the Captain, E . I . N. Barracks, Bombay, Commodore-in-Chargc, Cochin, and the Naval Officer-in-Chorgc, Vizagapatarn, in the case of Ratings of the B.I.N.
(ii) the Sub Area Commander or an officer of the rank of Brigadier, in the case of Junior Commissioned Offioers and Hony. Commissioned Officers,
(iii) the Air Officer Commanding Group or an officer of Air Rank, in the case of Master Warrant Officers of the R.T.A.F., and
(iv) the Commanding Officer or not bolow the rank of Lieut.-Colonel/Wing Commander (or an officer of that rank if the Commanding Officer is himself below that rank), in the case of Other Hanks/Airmen.
(2) No advance shall be granted unless the sanctioning authority is satisfied that the applicant's pecuniary circumstances justify it and that it will be expended on the following object or objects:—
(a) to pay expenses incurred in connection with the prolonged illness of the applicant or any person actually dependent on him;
(b) to pay for the overseas passage for reasons of health or education of the applicant or any person actually dependent on him;
(c) to pay obligatory expenses on a scale appropriate to the applicant 's status in connection with marriages, funerals or ceremonies which by his religion it is incumbent on him to perform.
(d) The sanctioning authority shall record in writing its reasons for granting the advance.
(e) An advance shall not except for special reasons—
(i) exceed three months pay or half the amount at the credit of the subs- criber in the Fund, whichever is less; or
(ii) unless the amount already advanced does not exceed two thirds of the amount admissible under clause (i), be granted until at least 12 months after the final repayment of all previous advances to- gether with interest thereon. This provision may, however, be relaxed at the discretion of the sanctioning authority.
(f) In filing the amount of an advance the sanctioning authority shall pay due regard to the urn omit nt thr credit of the subscriber in the fund:
(3) An advance shall be recovered in such number of equal monthly instol- .
ments, not being less than 13 nor more than 24. as the sanctioning authority may prescribe. A subscriber may, however, at his option, make repayment ir a smaller number of instalments than that prescribed, Each instalment shall be a .complete, number of rupees, the amount of the advance being raised or reduced, if necessarv, to admit of such instalment being fixed.
(4) Recovery shall be nr.ide in the manner provided in Rule 5 for the re- alisation of subscriptions, "und shall commence on the first occasion after the advance is made on which the subscriber draws pay for a full month. It shall not be made while the individual is on leave or in receipt of subsistence grant, and it may be postponed by the sanctioning authority during the recovery of fit; advance granted (o an individual otherwise than from the. fund.
(5) Tf nt nny time under sub-rule (2) (o) (ii) of this rule an advance hits been "nude to n subscriber before one previously made has been completely recrtvernrl each advance shall be treated separately for the purpose of recovery.
THE GAZETTE OF INDIA EXTRAOEDINABY, APKIL 1, 1949 589(0) (a) After the principal of the advance has been fully repaid interest shall be paid thereon, at the rate of one fifth per cent, of the principal for aach month or broken portion of a"month during the period between" the drawal and com- plete repayment of "the principal.
Provided that Muhominadan subscribers whoso deposit in the Fund cany no interest shall not be required to pay into the Fund any additional instalments on account of interest on advances granted to them from the Fund.
(b) Interest shaJI ordinarily be recovered in one instalment In the month after complete repayment of the principal but if the period referred to in clause (a) exceeds twenty months, interest may, if tho subscriber so desires, be recovered in two equal monthly instalments. The method of recovery shall bo thrit pres- cribed in sub-nile (4). The totn.1 amount of interest shall be routidod to the nearest whole rupee (eight annas eouufing at the next higher rupee).
(7) Recoveries shall be credited as they are made to the subscriber's •account ir.i .the Fund: tho date of credit being determined, for the purpose of calculating interest, by the procedure prescribed in Eule 6 (ii) above.
8, Nominations.—{a) A subscriber shall, as soon as may be after joining the Fund, send to the Accounts Officer, a nomination conferring on one or more persons tho right to receive the amount that may stand to his credit in the Fund, in the -ftvei.it of his death before that amount has become payuble, or having become payable, has not been paid:
Provided that if, at the time of making the nomination the subscriber has a family, the nomination shall not be in favour of any person or persons other than the members of his fajnily.
(b) If a subscriber nominates more than one person under sub-rule (a), he^hall specify in the nomination the amount or share payable to each of the nominees in such manner as to cover the whole of the amount that may stand to his credit in the Fund at any time.
'
(a) Every nomination shall be in such one of the Forms set forth in the Schedule as is appropriate :n the circumstances.
(d) A subscriber may at any time cancel a nomination by sending a notice in writing to the Accounts Officer;
Provided that the subscriber shall,, alone; with such nol:r.-a, s nd n fresh nomi- nation made in accordance with the provisions of Sub-rule (") to (c) of this rule.
(e) (i) A subscriber may provide in a nomination in respect of any speci- fied _nomiiiee that in the even of his predeceasing the subscriber, the right conferred upon th,at nominee shall pass to such other person as may be speci- fied in the nomination;
(ii) that the nomination shall become invalid in the event of the happening of ^contingency, specified therein; provider! that if at the time of making the nomination the subscriber h"e no family, he aha It provide in the nomination that it shall become invalid in the event of hia subsequently acquiring a family.
(f) (i) Immediately on the death of a nominee in respect of whom no specinl provision has been made in the nomination under clause (i) of sub-rule (e) or nn the occurrence of any event by reason of which the nomination be- comes invalid in pursuance of clause (ii) of that, sub-rule or the proviso thereto, the subscriber ghall send to the Accounts Officer
Syu xii-u u-iizirjxxjjj ux irHjjiA .EiAiilAORDINAltY, APBIL 1, 1949
(ii) Every nomination made and every notice of cancellation given, by a subscriber shall to the extent that it is valid, take effect on the date an which it is received by the Accounts Officer.
(g) A nomination in favour of an adopted child is made at the subscriber's risk and can be challenged at^any time. If doubts arise in any individual cane, the Accounts Officer will refer the matter to the Adjutant General or the Com- raander-in-Chief, Eoyal Indian N aw or the Commander-in-Chief, Eoyal Indian Air Foroe, as the case may be, and hia opinion shall be final for the purposes of these Eulea.
9. Final wltMrawal of accumulations in th" Fund—(i) When a Bubsoriber quits the service the sum standing at his credit in tbe Fund shall become his property and shall be handed to him by tbe Accounts Officer. The procedure for the final payment of deposits is as follows:—
(a) Subscriber will submit their applications direct to the Accounts Officer.
(b) The Accounts Officer will sanction payment of the deposits.
The Accounts Officer may sanction in urgent cases interim payment upto the actual balance standing to
Subscribers transferred to the lieserve will be permitted to oxercise the option of withdrawing the amounts standing to their credit in the Fund. If recalled to duty individuals who have exercised this option, will be permitted to rejoin the Fund in the same manner and under the same conditions as original subscribers.
(ii) When a subscriber is dismissed from Service the sum at his credit shall be paid to bim in the manner prescribed in clause (i) above.
(iii) Where a subscriber becomes insane prior to retirement/discharge or absconds, or if his whereabouts cannot be ascertained, and he is duly declared to have quitted the Service, the sum at his credit In the Fund may, subject to the approval of the Government of Iudia in the Ministry of Defence, be disposed of in accordance with the' nomination furnished by the subscriber under Rule 8 subject to the condition that any person to whom payment is made shall execute a bond signed by two sureties to indemnify Government against all claims in respect of the amount in question.
(iv) A subscriber who bus been granted leave preparatory to retirement or who while on leave is either permitted to re+ire or is declared by n medical board to be unfit for further service, may withdraw the amount standing at his credit in the Fund at arijy time between the commencement of tbe leave, or the date of such permission, or of such declaration, as the case may be, and the date of actual retirement, subject, however,- to tBo condition that be may be required, should he return to duty at tbe end of his leave, to repay to the Fund the whole amount withdrawn by him with interest thereon. Tbe Accounts Officer mav however sanction, in urgentt and special circumstances, interim payment us laid down in clause (i) above, prior to the commencement of a subscriber's leave preparatory to retirement. The Government of India in the Ministry of "Defence may, however, order recovery of such amounts in full or in" part, in cash and/or in securities and at, their discretion by instalments.
THE AAMVT& OF iKDIA EXTMoSMttAliV, APB1L 1, 1949 691
(v) On the death of a subscriber beiore quitting the service—
A. Wheu the subscriber leaves a family—•
(a) if a, nomination made by the subscriber in accordance with th? jjio- visiouu of liuJe 8 above, in iavour of a member or members of hia farou^y Bub- aists, the amount standing to hia credit in the .Fund or the part thereof to which the nomination relates shall beoonic payable to his nominees in the pro- portion specified in the nomination;
(b) if no such nomination in favour of a member or naembarB of the family of the subscriber subsists or if such nomination' relates only to a part of the amount standing to his credit in the Fund, the whole amount or the part thereof, to which the nomination does not relate, as the case may be, shall notwithstanding any nomination purporting to be in favour of any person or persons other than a member or members of his family, become payable to the members of his family in equal shares:
Provided that no ahare Bhall be payable to—
(1) sons who have attained legal majority;
(2) eons of a deceased son who have attained legal majority;
(9) aaarried daughters whose husbands are alive;
(4) married daughters of a deceased son whose husbands are alive;
if there ie any member of the family other than those specified in clauses (1), (2), (8) and (4):
Provided also that the widow1 or widows a*d the child, or children of a deceased uon shall receive between them in equal parts only the share wnich that son would have received ill he had survived the subscriber.
Note 1.—Any turn payable under these rules to it member of the family of a subscriber vefltB in such member under nub-section (2) of Section 3 of the Provident Funds Act, 1925.
B. When the subscriber leaves no family—.if a nomination made by him in accordance with the provisions of Kule 8 above in favour of any person or persons subsists, the amount standing to his credit in the Fund or the part thereof to which the nomination relates, shall become payable to his n&imnee or nominees in the proportion specified in the nomination.*
NoU 2.^When a nominee U a dependent of the subscriber as defined in clause (o) of section 2 of the Provident Funds Act, 1926, the amount vests iti such nominee under saJ> eection (2) of section 3 of that Act.
Note 3.—When the subscriber leaves no family and no nomination made by him in accoid- anee with the provisions of Rule 8 above subeiuts, or if such nomination relate* only to part of the amount standing to bis credit in the Fund, the relevant provisionj) of clause (b) and of sub-clause (ii) of clause (o\ of sub-nection (1) of section 4 of the Provident Funds Act, J.926, are applicable to the whole amount or the part thereof to which the nomination does not relate.
10. Procedure.- (i) AH sums p'aid into the Fund under these ftules shall be credited in the books of the Government of India to an account named "The Armed Forces Personnel Provident Fund". Sums not claimed for a period exceeding six months after the subscriber has died or quitted the service shall be transferred to "Deposits" at the end of the year, and treated under the ordinary rules relating to deposits.
(ii) The Accounts Officer as defined in Kulc 2 will be responsible for the payment of advances and final withdrawals, or, when these are required to be paid out of India for arrangements for their payment,
fiSJJ ME GAZETTE OF INDIA EXTEAOBDINAHY, A P H IL 1, 1949(iii) When paying a subscription in India, either by deduction from emolu- ments or in cash, the subscriber shall quote the- number of hia aooouut, which shall be communicated to him by the Accounts Officer, and shall remain un- altered until a change is intimated by the Accounts Officer.
(iv) (a) As soon as possible after the close of each year, every subscriber shall be supplied with statement of his account in the fund. Every such statement shall show the opening balance, as on 1st April of the year; all amounts credited or withdrawn during the year; the amount of interest credited as on the 81st March of the year, and the closing balance as on that date.
(b) Subscribers are required to satisfy themselves as to.the correctness of the annual statements, and errors should be brought to the notice of the Accounts Officer within sbc months from the date of receipt of a statement.
&QHEDULE
T?ORM OP NOMINATION (RULE 8)
I. When the subscriber has a family and wishes to nominate one member thereof.
I hereby nominate the person mentioned below, who is a member of my family as defined in rule 2 of the Armed Forces Personnel Provident Fund Rules, to receive the amount that may stand to my credit in the Fund, in the event of my death before that amount has become payable, or having become payable has not been paid:-—
Age
Relationship with
Contingencies on the happening of which the nomination shall become invalid
Name and Address of nominee subscriber
Name, addnias and relationship of the person, if any to. whom the right of the nominee shall paea in the event of hia predeceasing the subscriber.
4
3
1
a
Dated this day of 19 at
i&ignature of subscriber.
Two witnesses to signature. 1. 2.
II. When the subscriber has a family and urishes to nominate more than one
member thereof,
I hereby nominate the persons mentioned below, who are members of my family' as defined in rule 2 of the Armed Forces Personnel Provident Fund .Rules, to receive the amount that may stand to my csredib in the Fund, in the event of my death before that amount has become payable, or having become
THE &A235TTE OF INDIA EXTKAORDlNAKY, APBTU 1, 1949 593payable has not been puid, and direct Hi at the said amount shall bo distributed nmong the said persons in tlic mnnnei1 shown below against their names.
ARO Name and address of nominees
Relationship with subscriber
•Amount or aharo of accumula- tions to bo paid to eaoh
Contingencies on the happening of which the no- mination shall beoome invalid
Name, address and relationship of the person, if any to whom the right of the nominee shall pass in the event of his predeoeasin g the subscriber
S
6
4
2
8
Age
•f Contingencies on the happening of whioh the nomination ahull beooma invalid
iVoms and address of nominee
Relationship with subsoribar
3
2
Name, address and relationship of tho person, If any, to whom the right of the nominee shall pass in the event o f his predeceasing the subscriber
4
6
* A^ote.—This oolumn should be filled in so as to cover tho whole amount that may stand to
the credit of the aubsnriber in the Fund at any time,
t Note,—Whfn a. subaoriber who lias no family m-ikos a nomination, he shall apeoify Jn this
oolumu that tho Nomination nhall beoomo invalid in the event of his subsequently acquiring a family.
594 THE-GAZETTE OF INDIA EXTBAOBDIKABY, APEtL 1, 1949has not been paid, and direut that the eaid amount shall be distributed among the said persons in the manner shown below ajzainst their names: —
Age
Belatlonship with Biibacriber
Name and address of nominees
tOontinRBnolee on the happening of whioh the no- mination shall become invalid
* Amount or share of aooumula- tions to be paid to, eaoh
Name, address and relationship of the person, if any to whom tho right of the nominee shall pass in the event of his predeoeasing the aubfloriber
0
1
2
4
3
e
Dated this day of 19 , at
JiJign&tare of subscriber.
Two witnesses to signature.
1. 2.
• Note.—Thin column should be filled in so as to oover the whole amount that may stand to the credit of the subscriber in tho Fund at any time.
•f Note —Where n. subscriber who baa no family makes a nomination, he *hall specify In this column that the nomination shaR become invalid in the event of his subsequently acquiring a family.
H. M. PATBL, Secy.
PUBUBHED BT THB MANAGER, or PUBIJOATIOHS, DHLifi INI>IA,
PKOTTBD BT THB MANAGEB, GoysBNMBNT or INDIA P B M B, N "W DBLHI, INDIA,
- Dated, this day of 19 , at Signature of subscriber.; Two witnesses to signature. 1. 2. III. When the subscriber has no family and wishes to nominate one perton. I, having no family as defined in rule 2 of the Armed Forcea Personnel Provident Fund Bules, hereby nominate the person mentioned below to receive the amount that may stand to my credit in the Fund in the event of my death before that amount has become payable, or having become payable has not been paid:— Dated this day of 19 , at 'Signature of subscriber.. Two witnesses to signature. 1. a. IV. When the tmbsoribeT has no family and wishes to nominate tnnte thaf one person. I, having no family as defined in rule 2 of the Armed Forcos Personnel Provident Fund Bules, hereby nominate tho persons mentioned below to receive the amount that may stand to my credit in the Fund, in the event of my death before that amount has become payable, or having become payable ↩