REGISTERED No. D-28
The Gazette of India
EXTRAORDINARY
PUBLISHED BY AUTHORITY
NEW DELHI, TUESDAY, JUNE 14, 1949
GOVERNMENT OF INDIA
MINISTRY OF INDUSTRY AND SUPPLY
NOTIFICATION
New Delhi, the 8th June 1949
No. 26(18)-Tex(2)/49.—In exercise of the powers conferred by Section 13 of the Central Silk Board Act (Act No. LX1 of 1948) the Central Government is pleased to make the following rules, viz.; —
1. Short Title.—These Rules may be called The Central Silk Board Rules, 1919.
2. Definitions.—In these Rules, unless there is anything repugnant in the subject or context: —
(a) " A c t' means the Central Silk Board Act, 1948 (Act No. LXI of 1948);
(b) "Board" means the Central Silk Board constituted under the Act;
(c) '"Standing Committee" means the Standing Committee constituted by the Board under Section 6 (2) of the Act;
(d) "Chairman" means the Chairman of the Board;
(e) "Vice-Chairman" means the Vice-Chairman elected under Section 6 (1) of the Act;
(f) "Secretary" means the officer appointed as such under Section 7 of the Act;
(g) " F o r m" means a form appended to these Rules;
(h) "Year" means the financial year i.e., to say the period beginning from the first of April and ending with the thirty-first of March of the year following,
3. Time Limit for nominations.— (1) When a vacancy arises on the Board in any such manner as described under section 5 (2) of the Act,
(a) if the vacancy is of a member nominated by the Central or a Provincial or State Government, the Secretary shall write to the Government entitled to nominate that member inviting a fresh nomination to be made within a period of two months from the date of the posting of such an invitation,
(b) if the vacancy is of a member elected by the Central Legislature, the Secretary shall notify the occurrance of the vacancy to the Secretary of the Central Legislature with a request that a fresh election may be made and that
[1003]
1004 THE GAZETTE GY INDIA, JUXTRAOKI>INA"Y, JUNJi J4, .1840^the name of the elected member communicated to the Board within a month' of iho date oi the election.
(2) Where any Government, other than the Central Government, fails to make a nomination, which it is entitled to make under Sub-section (3) of Section 4 of the Act within two months from the date of the pasting of the letter inviting such a uomiiiHtioii, the Central Government may itself muke the nomination hi exorcise of the powers conferred under Section 5 (1) of the Act,
4, Membership.—(J) Except as provided in yub-rulc (2) of this rule, tht* members of the Board shall hoid. office for a period of three years from the- date of constitution of the Board under sub-section (1) of section 4 of the Act or the date of expiry of the term of office- of j.he previous members of the L'ourd as the case may be.
(2) A person appointed to fill, a vacancy under sub-section (2) of section 5 of the Act shall hold office so Ions* "a the member whose place, be (ills -^rould have been entitled to hold office if the vacancy bad not aeeurrpd.
5. (1) A member ot the Board uniy resign, his office by letter addressed io the C.'hairnii-ui of the Board.
(l3) A member of, the Standing Committee m
0. (1) When a person becoiir s 'vr i* appointed or nominated as a- member of the Board by virtue of an olliiv held by him, his membership of iho Board shall terminate when he ceases io hold that olTica, and the vaeane-y so caused shall be deemed to have, been tilkd by his successor to that office.
(2) The members of the Board elected by the Cental Legislature sh&JJ cease to be members on the devolution, or the expiration of the term of tfee Ce^jtr.'tl I."giel".ture by which thijv were alook-d or on ceasing to be members of the Central Legislaturo.
7. Roll of meajtoora.—(1) Tlo Board shall midn*"in. wepai'ate IlplU of Meuiber-'i !',;r the Board and the Standing Committee respectively. The naud" and aA4.i\.'-n oi7 each member shall be stated thereifi,
(:!) If >x n\e.nihi'.r oC the Board ohnnges his addresa, he ahall .uobii'y his new address to the Secretary; and the Secretary shall umoud the Eol]. of Members accot'iJingiy.
H. Member^ going out of India.—(1) Before a member of the Hoard ICIITGS India he shall infonri the Chjiii'niiui oi' the Board and intimate to him the dote of In-? dc'pdrtur'j and the date of bis cxpeuied refun.i to India.
(2) If he intends to bo, or is .ic-tu'iJly, absent from Indiw for a period longet than six mouths he shall tender hib resignation unless the Chuirman, in his djsrreUo", QIIOTTK him to continue on the Board.
(Pi) If ;i member is contim.iou.-Iy .abyent from India for a period longer than six monihs jir.d h->s not obtained Hie Chairman's permission under 3ub-nile (2) nViovi;, IIK; CeTitrnl Go\'ernrac.nt iUJ.IV remove him from the Board.
9. 'Yin niHi'iber who without the leave of the Chairman' absonts himst-lf from two eorwecniivc meetings of the Board will be linb'e to- be removed from nicmb'-'rehin (.-'f the Board by U"' OentnU Ccvemmeut.
'1HE GAZETTE OF INDIA, EXTRAORDINARY, JUNU 14, 1SJ4W 1OUO10. Removal of members.—Tlic Central Government shall remove a member from the Board—
(a) if he becomes bankrupt or insolvent, or suspends payment or com- pounds •with his creditors, or
(b) if he is convicted of any offence which i" punishable under the Indian Penal Code (Act XLV of 1860) and is under tb,c provisions of iho Code of Criminal Procedure, 1808 (Act V" of 1898) non-builablo..
11. Election of the Vice-Ohairman.—(1) rl'he Chairman or the member presiding at a meeting of the Board tit which it in proposed to elect a Vice- Chairman under Section 6 (1) of the, Act shall invite/The members present to propose candidates from among the members of the Board for election us th* Vice-Chairman. A member whose name lias been, proposed by n memb'r of the Board and duly seconded by another member -will be a candidate for election provided he has given his consent orally ov in writing.
(2) [f then; is only one oandiilntc proposed and socemded, he shall be declared elected iis Vice-Ohnirmnu.
(It) TE there is more Uwn one, eaudidittc duly proposed and seconded, each member of the Board present at the. meeting shiuj be given a ballot paper con- taining the sanies of all the eai.iflidat.es proposed and he shall be required to vote thereon for n.ny one eandidnie. >Tol- more than one vote :.-hall be giv..ln in favour at any l>rie candidate. 11' ..i:" number voU-v. •'Or more than one eo,ri;d.ida!e or gives more than one vote in I';.rent- <)f any one candidate, all bis votes shHl be deemed to be invalid.
(•1) The, person getting the hiiju.tjt initubir of votes Khali be declared at the meeting, or as soon iher.^lter ns possible, a1; duly elected as ihe. Vics- Ohnirrnisii.
(5) In ease o[ on equal division of votes the Chairman ov thi? ineuibfr yircis'd- ing over th" meetivig shall hetrv a second or casting vote.
(6) Jf any queK%)n shall urise. as to the validity of an, election it shall be or tJie morril>(.\r pre&idmg, shall a{ a meeting of the Board at which it i" proposed to elect members of tlie Staiiding Committee under Section 6 (2) of the Act, invite thf- merntiers pvefieiit to projxjHo catididatr.a from among the members of the Board for election to the Rt"nding Committee. A. member whoso TIHSVH; ha
(2) If ihe nuijilier proposed ,-ui,| soenjidt.-d docs not oxec-ed the number of- vacancies In bo filled, the persons whorse names have been so proposed and second shall be diehu'f.d elected to \]\^ S'.an'l'nq Committee.
(3) If the nunilier du"^\- proposed n.ral scrotidtid for r-locl'on exeei.'.ds the
1006 THE GAZETTE OF J N D U, EXTRAORDINARY, JUNE 14, -&49(4) Tim poraoiis getting the highest number of votes shall be. declared at tho meeting or as soon thereafter as possible/ na duly elected to the {Standing •Committee.
(5) In the- case, of. an equal division of votes, the Chairman or the member presiding over t;hc meeting, shall havo a second or easting vote.
(6) Tf nnj question shall arise as to the validity of any election it shaM be referred to the Chairman whose decision in the matter shall be final.
(7) A member of the Standing Committee sha'.l be elected for one year, but shall be eligible for re-election for tho ensuing year.
13. Maintenance of Offices.—The Board, shall moiuiain an office for tho transaction of its business and may open branch offices, should necessity arise.
14. Records of meetings and number of meetings.—A record shall be main- tained of all business transacted by the Board or by the Standing Committee.
15. Not less than two meet-ings of the Boni'd and not Ipss than four meetings of the Standing Committee shall be held in each year.
16. Notice Of meetings and list Of business.-- (1) The Chninnun shall decide the date, time and plaeo of every meeting of the Botird or of the. Standing Committee. A notice of not less than 21 days from the date of. posting shall ordinarily be given to every member for a meeting of the Board. A notice of not lens than 10 days from the date of posting shall ordinarily be givon to every member for a meeting of the Standing Committee. Such notice shall bo sent to every momber by registered post. A list of business proposed to be transacted shall accompany the notice. If it is necessary to convene an emergency meeting of tho Bourd or of the Standing Committee, at least one week's notice shu'.l be given to each member.
(2) No business other than that for which ,\ meeting is convened shall be considered at the meeting except with the permission of the Chairman or of the member presiding over the meeting
17. Provision for president of meetings.—The Chairman or, in his absence, the Vice-Chairman shall preside over the meeting-of the Botird or tV> Standing Committee. In the absence of both, tho members present shall elect one amongst themselves to preside.
18. Quorum for meetings.—(1) Ten members shall form a quorum for meetings of the Board and three members shall form a quorum for meetings of the Standing Committee.
(2) If fit any meeting there is not a sufficient number of members present to form a quorum, the Chairman or in his absence, the Vice-Chairman may adjourn the rneelir.; to a date not later than 7 days from the date of the adjourned meeting and it shall thereupon be lawful to dispose* of the business at such an adjourned meeting irrespective of the number of persons attending.
19. Disposal of business.—(1) Every question, which may come before Ihe Board or its Standing Committee at any meetings, shall be decided by a majority of votes of the members present and voting on that question. No member shall vote by prosy.
(2) In the case of an equal division of votes, the Chairman or the member presiding shall haYe. a second or casting vote.
20. Proceedings of the meetings.-—(1) The •minutes of a meeting of the Board or of THE GAZETTE OF INDIA, EXTEAOEDINARY, JUNE 14, 1949 1007
showing, intf.r-alia, the names of the members present at tho meeting shall be forwarded to each member of the Board or the Standing Committee as the case may bo and to the Central Government, as soon RS possible after tbe meeting.
(2) The minutes of each meeting shall be placed boforo the next meeting for confirmation.
2], Powers and duties of the Vice-Oliairman and the Standing Gomm ttee.—
(1) The powers and duties of the Vice-Chairman shall be: —
(i) to pres'de over meetings of the Board or of (ho Standing' Committee in the absence of Chairman ;
(iij (,o enter into contracts on behalf of the .Board in accordance with the Act or the Eulcs made thereunder, or the general or special instruc- tions of the Board or the Standing Committee, or the Chairman;
[\n) do oxoicisc such other powers and to perform such other duties as the Chairman may deem fit to delegate to him,
(2) The powers and duties of the Standing Committee shall bo: —
to exercise such powers and to perform such duties as the Board maj delegate to the Committee, provided that such powers nnd duties shall lie subject to such instructions, directions, or limitations, if any, as may- be defined by resolution of tho Board and provided also that all a.ets of the Standing Committee shall be subject to the control of the Board which may cancel, suspend, or modify, as it thinks fit, any such act,
-22. Powers and duties of t)ie Secretary.—The Secretary will, be tho Principal Kxecutive Officer of the 'Hoard and will work- under the general control of the Chairman a,nd of the Board. TTis powers nnd duties shall be:
(1) to implement, all dfcisioiu taken b> the Board or the Standing Committee,
(2) To co-ordinate and supervise the work of the other Officers and the establishment of the Board.
(3) To convene under the directions of (he Chairman meetings of the Board and of the Standing Committee.
(4) To maintain the minutes of the meetings.
(f>) To furnish to the Central Government all reports and r<;turns and other necessary documents required by the Act or the jlules.
(0) To administer the Provident Fund of the Board.
(7) To. prepare the budget estimates for the Board.
(8) To sane!ion re-:ipproi>riu(ion of grunts under such powers as may be delegated by the Standing Committeo and within such limits as may be prescribed by the Standing Committee,
('<)) To undertake such other duties and to exercise such other pmvors as may from time to time be entrusted or delegated to him by the Board or the Chairman,
2'). Other officers of the Board.-—The Board may hjivc such other staff as it may consider necessary and the duties of the staff should be as prescribed by the Board.
1008 THE GAZETTE OF INDIA, EXTRAORDINARY, JUNE 14, 1049•24. Salaries, allowances and conditions of service of officers and establish- ments of the Board.—(1) Save as provided in section 7 of the Act, all appoint- ments to posts of officers tmd establishments under tlie Board si mil be mads by the Board:
Provided that—
(i) no post of which the maximum salary is Es. 500 per mensem or more shall be created or filled without the previous sanction of the Central Government,
(ii) the scales of pay and clearness allowance, travelling allowance and any other allowances applicable to the officers and establishments in the service of the Board shall be the same as those prescribed bv tho Central Government for similar personnel save in the case of officers and specialists appointed on contract. The Hoard may require at Us discretion security in such • instances and for such amount as it thinks fit,
(iii) Officers or specialists appointed on contract shall he entitled to leave and leave salary under the terms which may from time to time be made applicable to the Central Government servants on contract on similar salaries. Bach officers shall be entitled to travelling allowance, clearness nliowance or any other allowances as maj be from time to time be provided for officers drawing similar salaries under the Central Government.
(2) The Fundamental Rules and the. Supplementary Bules-of the Govern- ment of Tndia shall apply to the grant of leave to officers and establishment in the service of the Board. Subject to the condition that the grant of leave does not cause, extra expense to the Hoard, Rule 9 thereof shall apply to such members of the Board's staff as remain in its service for a period exceeding one year and Eule 10 to suoh members of the Board's staff as remain in ite service for a period not exceeding one year.
Note.—The powers vested under these Eules in the Governor-General shall be exercised by the Chairman and those of the Head of Department by the Secretary.
(8) The Board may grant Study Leave to its employees in order to enable them to undertake-study or research, or to obtain specialised training in, scientific, technical or economic subjects connected with the silk industry on terms and conditions framed for this purpose. Such leave shall not be debited against the employee's leave account. Any employee of the Board, who is also a Government servant, shall be governed by the Study Leave Rules that would be applicable to him as a Government servant.
(4) (i) Service under the .Board shall not qualify for any pension or gratuity from tho funds of the Board. But the Board shall establish and maintain a Contributory Provident Fund for the benefits of its employees and require them to subscribe to the Fund. Provided that any employee, of the Board who is also a Government servant shall continue to bo governed by the conditions of service in regard to pensions etc. which apply to him as a Government servant.
(ii) The Provident Fund shall be administered by the Secretary.
(5) The Secretary may grant any leave in accordance with CJ) above to any member of the staff whose pay does not exceed Rs. 500. Leave for others shall require the sanction of the Ghairmar
THE GAZETTE OP )NTI)1A, UXTBAORMNTATIY, JUNE 14, 1949 100925. (1) The Ponril may In resolution clel-gH.11- I;; the, Viee-Chairman or any •Otlieer of the, Board, suc-li of ib; pcwev.-i under l!u!e '21 ;>s it dooms fit.
i'2) Tlie authority empowered by the Hoard to appoint an officer or a member of its establishment shall be r-ompelHut to dismiss, suspend, promote or dPgTa,de such officer or member ol' thn, establishmont. The procedure to be adopted in all eases of disciplinary action shall be governed by rules which obtain in Ccnlral 'Government offices with such modifications as may be necessary.
(0) The powers delegated under the- RuL s shnl! be exercised subject to the Control of the Board.
20, The working year of the Board.—The Hoard's working year shall be the fin an r,i".l year, that is to say the period beginning from the 1st of April and ending with the thirty-first of March of the year following.
27. Fees and allowances of members.—Rule 27.— (1) A non-official Member of "the lioiud or of the Standing Committee or of any other Committee of the "Board, ns the ease winy b", re-siding at rho place where a meeting is held shall be •.allowed the actual expenditure incurred an conveyance subject to a maximum oE lift. 10 for each day' on which he attends one or more meetings.
(2) A non-ofrk'ial Member not resident at the place where a Jiieeting is held, -shall be allowed Travelling arid Daily Allowances in respect of tho meetings which he attends under the same rules as obtained for Central Government Officers of "First Grade, provided—
(i) that [he Daily Allowance shall be ut the rate of Rs. 15 per day; and
(ii) a Member will be entitled to draw Travelling Allowance for air journey at the rale applicable for such journies if he has actually travelled by air.
-Vo/e. -No Travelling or Dtiilv Allowance shall lie allowed to :i, Member unleKj ho •certiifieg that lie lifts not drawn 'jYa/velliTig or Daily Allowance from any other source in •respect, of the, journey find Hie halt for which the claim in made.
28. Maintenance of accounts.—The Secretary shall maintain or cause to be maintained accounts of receipts and expenditure under section 12(1) ut the Act, The accounts shall bo maintained in forms 1 to 11, as may be necessary, and afi appended to these Itules.
29. The receipts shall include all sums received by the Board during thfl year to which the, account0 relate and shall be shown under - the following heads: —
(a) sums received by the Board by way of grant from the Central Govern- ment under section 9(1) of the Act, or otherwise.
(b) sums received by the B^ard by way of cess under Section 10 of the
Act.
(c) interest accrued on investments. (d) miscellaneous.
The opening balnnee shall be shown at the head of the account on the receipts side.
31. The expenditure shall be shown under the following heads oi- any other 5leads that may be decided upon by the Board from time, to time:—
In) Officer's salaries and establishment charges.
(b) Travelling and other allowances, (c) Stationary and printing charges, (d) 1'ostage and telegitim charges. -(e) Granls-in-aid, made for purposes oE development of the industry.
1010 THE GAZETTE OF INDIA, EXT1UOEDINABY, JUNE 14, 1049(f) measures taken for promoting scientific} and technological research,.
propaganda, etc.
(g) miscellaneous.
The closing balance of the year si mil be shown at the foot of the expenditure Bide.
31. Maintenance of and operation upon Bank accounts and investment ol tile lunda of the Board.— (1) 'AH moneys accruing or payable to the funds of the Board, cither by way of grants from the Central Government under section 9(1) of the Act, or by way of cess under Section ]0 of the Act, or accruing from any other source o; sources, shall be received by the Secretary or such other officer as the Board or the- Chairman may authorise in this behalf. The amount or amounts so received yha.ll Rs Boon as practicable be duly acknowledged by o receipt in Form 5 under Section 12(1) of the Act appended to these rules and deposited in the Imperial .Bank of India or such scheduled bunk, -is may be approved for this purpose by the Central G-overmnent under Section 0(2) of the Act, to the account of 1.110 Board. All receipts should be credited to the acnoiuit of tho Board in the Bank and shall not be utilised to meet expenditure on any other purpose.
(2) The r< reipt hooks in Form 5 shall be numbered' serially by machine and the unufii-d forms shall be kept in the custody of the Secretary or such other- officer of the Hoard ass may be authorised by the Board or by tha Chairman in this behalf.
(!.!) All payments by nr on behalf of the Board shall be made by cheques except for amounts not exceeding Pis. 100, which nmy be made in cash from the amount of :mprt-M( sanctioned for the purposes.
(4) Such cheques find nil orders tor making deposits or investments or for the withdrawal of the same or for the disposal in any other manner of tho funds- of tho Board .shall be signed by the Secretary or by any other Officer authorised by the Chairman in this behalf.
(5) No payment shall be made out of the accounts of the Board, unless the expenditure is covered by a budget grant, provided, however, iliat iho Chairman may in his discretion authorise expenditure being in&urred in anticipation of a budget grant,
(6) There shall bo drawn from the Bank and placed at the disposal of the Secretary, a permanent advance of Es. 1,000 to be recouped as required, rind in any case at the end of each month, to meet the petty expenditure of the- office of the Board.
(7) The Secretary shall have powers to sanction expenditure of a miscellane- ous or contingent nature up to an amount not exceeding Its. 500 in each case. The Assistant Secretary, if one is appointed, shall have power to .sanction expenditure upto nn amount not exceeding Us. 50 in each case.
(8) All monetiii-y transactions shall bo entered in the cash book as soon as they occur. The cash book shall be closed daily and completely cheeked by the Secretary, or, in his absence, by an officer authorised by him in this behalf. At the end of each month the Secretary shall verify the cash book and the cash in hand and record a signed and dated certificate to that effect.
(9) All pavments by the Hoard shall be made on bills or other documents duly prepared and passed by the Secretary or other officer authorised in th!s- behalf. 'The paid vouchers shall be stamped '"paid" or so cancelled that they can not be used a second time. They should then bo kept serially numbered and produced at the time of audit,
THE GAZETTE OF INDIA, EXTBAOEDINARY, JUNE 14, 1949 101182. (1) Any funds not required for current expenditure may be placed, under Secl/on 0(2) of the Act, in fixed deposit with the Imperial Bank of India or any scheduled bank approve in this behalf by the- Central Government, or invested in the name of the Board in any security in which trust properly may lawfully be invested under the Indian Trust Act, 1882 (Act I.I of 1882).
(2) The placing; of money in fixed deposit and the investment thereof and the- disposal of money so placed" or invested shall require the sanction of the Chair- man.
83. Audit Of Accounts.—(1) The accounts shall be made up for each finan- cial year i.e., the year ended 81st March. These accounts shall be audited by such auditors as the Central Government may appoint under Section ^12(2) of the Act. The audited statement of receipts and expenditure together* with the auditors report thereon shall be submitted to the Central Government not later than the 31st July.
(2) An abstract statement of receipts and expenditure shall be published in the Gazette of India.
(8) The annual accounts shall be set, out and produced by the Secretary before the auditors for scrutiny on or before the 31st of May each year follow- ing the close of the financial year to which they relate.
(4) The auditor's ahull have the power to disallow any item, of expenditure which in their opinion has not been properly incurred for pwposes of the Act, Provided Mint the Centri.il Government may, under Section 12(8) of the Act, and on the application of the Board allow any item of expenditure disallowed1 by the auditors.
(o) The cost of nudit will be a charge on the funds of the Board.
.'id.. Procedure of execution of Contracts.—(1) The Board may enter into and perform all such contracts iis it may consider necessary or expediont for carrying into effect the provisions of the Act,, and in particular the provisions of sf-ction 4(2) of the Act.
1012 THE GAZETTE OF INDIA., lilXTBAOBDINAHY, JUNE 14, 1940(4) An instrument to whicli the Common Seal or an official soal is duly affixed shull be legally binding on the Jioard.
(5) The draft, oi: all contracts shall bo submitted Lo the Solicitor to the -Government of India or any person nominated by him to act on his behali for advice as to the correctness of their form.
8ft. Preparation and submission of annual Budget estimates.—(1) The Budget estimates of the Board for each financial year except the first year shall be prepared by the Secretary in such form as the Central Government may, from time to time, direct and Hhall be submitted by the Secretary with his recommendations to the Standing Committee for •approval at a meeting of the Standing Committee to be held before the fifteenth of October of the preceding year.
(2) A copy of the budget estimates shall be sent to each member of the Standing Committee and of the Board by the registered post at least ten clear •days, before the meeting of the Standing Committee or the Board at which these estimates are to be considered.
(3) The Striding Committee shall consider and approve the budget esti- mates with such changes as it may consider neoeasary.
(4) The budget estimates as approved by the Standing Committee shall be •[.laced before a meeting of the Board lo be held before the fifteenth of Nov- ember of the preceding year.
(5) The budget estimates as passed by the Board shall be submitted to the •Centf.il Government not latef lhan the thirty-first of December next following.
(6)'It shall be open to the Central Government lo make such alterations in •the budget 'istinifites, us may be con&iclored necessary before according approval
Note.—The budget ostimute far tho first financial year of the working of the Board shall be prepared, approval by the. Standing Committee und by the Board, and submitted to the Central Government before the 81"t December 1U49.
87. Supplementary estimate.—The Standing Committee may cause a sup- plementary estimate to be prepared and submitted to the Board, if in respect -•oi any financial year further expenditure is likely to be incurred. Every suoh siipptemeiitury estimate shall be considered and sanctioned by .the Board and submitted to Lhe Central Government in the same manner as if it were •in original nunu-il estimate, not later than the fifteenth of February of the financial year to which it relates. The provision of rule 86 shaJl, so far as it may, apply to such supplementary estimate.
88. Beapproprlfttion.— (1) If the Standing Committee finds in the course of the year that there is likely to be an excess of expenditure over the sanctioned •budget estimate under any head, it shalt exfimine the allotment under eaah bead of tho budget estimate with the object of discovering probable savings under any other head and effecting a renppropriation. Where such reappro- prifition I'H feasible it may sanction the renppropriation subject to such condi- tions as may be laid down by the Central Government from time to time..
(2) Funds-shall not be rcftfipvopriated to moet expenditure on a new service not contemplated in the buflget estimates oxcopt with the prior approval of the Central Government.
89. A sanction to expenditure will not become operative until there has 'been an appropriation of funds under these Rules to cover it.
40. Tho Secretary shall submit on due dates prescribed by the Central •Government the usual estimates in respect of the Government servants work- ing in the Board, whose pay in the first instance will be debited to the general irevenue for inclusion in the "demand for grants of tho Central Government",
THE GAZETTE OF INDIA. EXTEAOBDINAEY, JUNE 14, 1049 1013CENTRAL SILK BROAD RULES
APPENDIX
FORM 1
CASH
Receipts
Amot
int
Date
Item or
Serial No.
From whom
reoeived
Initials of
responsible
authority
Particulars
Bunk
Cftah
Rg. A., p.
KB. A. P.
Opening
Balance
C"rried
OTM
BOOK
Disbursements
Amount
To whom
D"te
paid Particulars
Initiala of
rosponaible
authority
Cash Bank
Budget
head to
whioh de-
bitftble
Voucher
or Serlnl
No.
Rs. A. P. RB. A. r.
Brought
forward
Carried
over
1014 THE GAZETTE OF INDIA, EXTEAOEDINAKY, JUNE _14> 1.049FORM 2
Subsidiary Account to Cash Book
Nmne of Scheme
Period of Sohome
Reourring Liability
Itfon-recurring liability
Total
Sttnotioned vide
Details if nny
DiaburBements
Amount
Particularu
Date
To whom paid
Vounher No.
C"ah Bank
Initial* of retponaibla authority
Rs. A. P. Ra. A. F.
Cartiec1 over
FORM 3
nlassiiitd Abstract of Receipts, 19 -19
T H E
• Progressive
Remarks
Progressive Total
A
Total March
May
4pril
Progressive ;
Total
81. No.
Vr. No. Amount
Vr. No. Amount
Vr. No. Amount
G A Z E T T E Heads of Accounts under eaoli Schema of Research
• "
O F
Ra. a. p.
I
Ba. a. p.
Rs. a. p.
N D
I
A
,
E X T B A O R D
Classified Abstract of Disbursements for
I
N A
Trt insactions for the year
March i
t
f t
n
Grant Modification during the eoureB
i
la
Y
t = ^ i
t
,
1
o
w
1
y
a
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Register of Secarities for the period 6om to
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FOEM 11
Annu-al Accounts -fw ilte ij&ar 19 -19 . Rtliting to Ike grant for Research purposes
RECEIPTS
PAYHEKTS
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the year
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Particulars of securities Faoe Talxte. Purchase val"e.
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U N E IV. Particulars of Closing Balance : —
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CENTRAL, SILK B O X R D.
1 9 4
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AUDIT CERTIFICATE. • Certified that the aboTe -accounts have been audited and found^ correct.
AOCOONTASrr.(JESEBA£,-
1 0 1 9
1020 THE GAZETTE OF INDIA.; EXTBAOBDINABY, JUNE 14, 1W&CENTRAL SILK BOARD
Study Leave Rules
.In exercise ol tbo powers conferred by -Rule 25{8) of the Central 811k Board Buloa 1949, the following Eules have been made by the Central Silk lioard with tho approval of the Central Government, namely:—
1. (i) Thase Kules may be called the Central Bilk Board Study Leave Bules. (ii) Tbew, Rules shull be deemed to. have come into force with effeot from ,t>.o 1st April, 1,949.
!£. 'in these Ttules Board" means the Oeukal Silk Board constituted ty fte Ce"k& Silk B , Act 1048 (Act No. LXI of 1948).
3. The following ruies relate to study leave oply. They are not intended to meet the oft be of persons deputed to other countries at the instance of Government -and/cm- Boafc1 either for the perfomianoe of speoiaj duties imposed on them or for tho investigation of ppeoino problems connected with their diritoe. They are also'nSt intended .to cover tine eases of persons selected by the Board for any .speoial course of instructions, unless they happen to be Board employees and fulfil the other conditions as prescribed in tho rules.
4. Extra leave on liaLE average p.'iv for the purpose of study leave mfty be tofcen either in or outside India. Study leave shall not ordinarily bo granted to employees of Board of less than five years' permanent service or to an. employee of the Board within three yearn of I lie da to of his retirement.
THE GAZETTE OF INDIA, EXTRAORDINARY, J U NE 14, 1W0 10210. Study allowance will be admissible up to 14 days foi4 any period of vtioa.i)on. A periixl during which a Board employee interrupts hia course for his own convenience cannot be considered aa vacation. Study allowance may be given at the discretion of the Board for any period up to fourteen days at ono time during which a Board employee is prevented by sickness duly certified by a medioal practitioner from pursuing the sanctioned course of study. In ti>t case of. a Board employed retiring from service without returning to duty .'tft-er a period of ntudy leave the study allowance will be forfeited. The study leave of the Board employee will be converted into ordinary leave to the extent of ordinary leave admissible under the rules of the Board standing to his credit at the date of retirement. Any balance of the period of study leave mentioned above whioh cannot be so converted will be exoluded in reokoning serviee for Contributory Provident Fund.
10. Employee** of the Board granted iitudy leave are ordinarily required to meet the coet of fees paid for courses at study. In exceptional oates the Board will be prepared to consider proposals that su"h fee should be paid by the Board.
11. On completion of a course of study a certificate on the proper form together with certificates of examinations passed or of speoial study, whioh should show the dates of commencement and termination -of the course, with any remarks by the Instructor, shall be forwarded to the Board. The study allowance. will be payable in tho manner to be prescribed by the Board form time to time on olaims supported by proper certificates of attendance.
12. Study leave will count as service for promotion, Contributory Provident Fund but not for leave. It will not affect any leave which may already be due to a Board employee. Tt will count as extra leave on helf average pay and wiJj not be taken into account in reckoning the aggregate amount of leave on h.'ilf average pay taken by the Board employee towards the maximum period admissible under the rules of the Board.
18. During Btudy leave a, Board employee will draw half average pay as admissible to Government servants of corresponding status in terms of Rule 25(2) of the Central Silk Board Rules.
14. All applications for study luuvo shall be referred to the Standing Committee of the Board for sanction.
Central Silk Board Contributory Provident Fund Rules
In exercise of the powers conferred by Bule 25(4) (i) of the Central Silk Board Rulee 1949, the followling Rules nave been made by the Central Silk Board with the approval of the Central Government namely:—>
1. (i) Theua Rules may be called the Central Silk Board Contributory Provident Fund Rules.
(ii) These Rules shall be deemed to have come into force from the 1st April, 1949.
2. In these Rulee—
(a) "Board" means the Central Silk Board constituted by the Central Silk Board Act 1948 (Act No. LXI of 1948). (b) "Chairman" means the Chairman of the Board.
(c) "Standing Committee" means the Standing Committee of the Board. (d) "Secretary" means the Secretary of the Board for the time being, and
shall include an Acting Secretary.
(e) " A c t" means the Central Silk Board Act 194a (Act No. LXI of 1948).
(f) " F u n d" means the Central Silk Board Contributory Provident Fund.
1022 THE GAZETTE 01 INDIA, EXTRAORDINARY, JUNE 14, 1949(g) "Family" menus:
, (i) in the ease of a male subBoriber, the wife or wives and children of the subscriber; and the widow or widows and children of a deceased son of the subscriber;
Provided that if a subscriber proves that his wife has been judicially separated from him or has ceased under the customary laws of the commuuity to which she belongs, to be entitled to mainten- ance, she shall henceforth be deemed to be no longer a, member of the subscriber's family in matters to which these rules relate unless the subscriber subsequently indicates by express notifica- tion in writing to the Secretary that she shall continue to be BO regarded;
(ii) in case of n female subscriber, the husband and children of the subs- criber, and the widow or widows and children of a deceased son of the subscriber;
Provided that if a subscriber by notification in writing to the Secretary expresses her desire to exclude her husband from her family, the husband shall henceforth be deemed to be uo longer a member of the subscriber's fnmily in mutters to which these rules relate, un- less the subscriber subsequently cancelb formally in writing her notification excluding him.
NOTE I.—'Children' means legitimate children.
NOTE II.—An adopted child shall be considered to be a child when the Sec- retary or, if any doubt arises in this mind of the Secretary, the Board, is satis- fied that under the personal Taw of the subscriber, adoption is.legally recognised as conferring the status of a natural child, but in this case only.
(h) "Employee"' means Officer, office staff, technical staff and menial staff <>£ the Eonrd, other thmj. those whose salary is paid from Contingen- cies
(j) "Emoluments" means pay, leave salary or subsistence grant as de- fined in the Fundamental1 Rules and includes (a) tuiy. wages paid by •the Board to employees not remunerated by fixed monthly pay, (b) any remuneration of the nature of pay received in respect of foreign service, and (c) if -a subscriber is on deputation, the emoluments which be would have drawn had he not been on deputation, shall for the purposes of these Rules be deemed to be emoluments drawn on duty.
(k) "Leave" means any variety of leave recognised by the Fundamental Eule. '
•
(]i) "'Subscriber" means a member of the Fund,
(m) "Year" means a finanoial year, i.e. to say the period beginning from '* the 1st April and ending with the 31st March of the year following.
2. (2) Any other expression employed in these rules which is denned either in the Provident Funds Act, 1025 (XIX of 1925), or in the Fundamental Rufos is^use'd in the sense therein defined.
;i. Constitution and Management of the Fund.—The fund shall be admini- stered by the Secretary and shall' be maintained in India in, rupees.
4. (1) These Ttules shall apply to every employee of the Board, who:—•
(a) has been admitted before these Rules came into force to the benefits of a special or Contributory Provident Fund'maintained by Govern- ment, except the State Bailway Provident Fund, or
(b) is required by these Rules or permitted to aubaoribe to the Fund.
THP. '
.. ..a, JiXTBAOKDIJSAKX, JUJNJH 14, iwaw w
(-2) '„,... ,, Provisions of sub-rale (1), subscription to the Fund shall be compulsory on. all Board employees who are in receipt uf a basic salary e x- ceeding Tis. f-io/- per month, except in such cases as may be specifically excluded by the Bonn! on lha ground that the -employee is not likely to remain in ser- vice for three years;
Provided thnb a, temporary employee whoso term of employment in the first instance is for less than three years may be permitted by the Chairman to subscribe to the Fund on the understanding:—
• (i) thai- the Board's contribution and interest thereon will be provisional in the first instance and in the event of the employee's services being terminated for any reason whatsoever within three years of the commencement thereof, will be liable to be completely - — . ^^ withheld, and (ii) that, subject to the above modification, he shall be bound by these Rules.
(",) Tf an employee of the Board, admittted to the benefit of the'Fund was previously a subscriber to a Government or Semi-Ooverriment (exoopt State Railway) Contributory Provident Fund, the amount of his subscriptions in the Jontributory Provident Fund, together with interest thereon, shall be trans- erred to his credit in the Fund with the sanction of the Standing Committee.
fi. Nomination.—(1) A subscriber shall, as soon ns may be after joining the Pnnd, send (o the Secretary a nomination conferring on one or more persons tho 'icht to receive the amount that may stand to his credit in the Fund, in the iveiit of his death before that amount has become payable, or having become rmynble, has not been paid.
Provided that if, at the time of mnldng the nomination, the subscriber has .
u family, the nomination shall not be in favour of any person or persons other thtm the members of. his family,
(2) Tf a subscriber nominates more than one person under sub-rule (1), he shall 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.
(3) Every nomination shall be in such one of the Forms sot forth on the First Schedule as is appropriate iri the circumstances.
J4) A. subscriber may at any time cancel a nomination by sending a notice in writing to the Secretary:
Provided that the subscriber shall along with such notice send a fresh nomi- nation made in accordance with the provisions of this rule.
(5) A subscriber may provide in n nomination—
(a) in respect of any specified nominee that in the event of bis predeceas- ing the subscriber, the right conferred upon that nominee shall pass to such <>tlur person as may be specified in the nomination;
fb) ih;it the nomination shall become invalid in the event.of the happen- ing of u contingency specified therein; provided that if a* the time of muldng the nomination the subscriber has no family, he fhall provide iY. the nomination that it shall become invalid in the event of his subsequently acquiring a family.
(ft) Immediately on the death of a nominee in respect of whom no special provision has been made in the nomination under clause (a) of sub-rule (6) or on the occurrence of any event by reason of which the nomination becomes invalid in pursuance of clause (b) of sub-rule (£5) or the proviso thereto, the subscriber shall sent to the Secertary a notice in writing cancelling the' nomina- tion together wi(V P fresh nomination made in accordance with the provisions of this rule
1024 THE GAZETTE OP INDIA, EXTBAOKU KW(7) Every nomination made, and every notioe of oancella1 ven, by ft subscriber, shall to the extent that it is valid,, take effect on U>e date on which it is received by the Secretary.
6. Subscriber's Actounte.- An account shall be opened in the name of moh Bubwcri'ber, in which shall be credited:— (i) the Rubscriber'H subscriptions; (ii) contributions made under rule 10 by the Board to hi" account;
(iii) interest, m provided by rule 11, on subscriptions; and
(iv) interest, as provided by rule 11, on contributions.
7. Conditions and Bates c-J Subscription*.—(1) Ever}- subscriber nhnlX sub- scribe mynlhiy t
(2) A subscriber may, at his option, not Hubscribe during leavw.
(8) The subscriber shall intinmte his election not to BubfioHhe daring leave bi).
^E GAZETTE OF INDIA, BXTEAOBD1NAEY, JUNE 14, \949 1026thii first- time on a-, dale subsequent to the lirsfc day of his service the emoluments to which ho was entitled on. such subsequent date.
Provide*.! l.hut, if 1;ho omohimont-s r.£ tho subscriber are, of a fluctuating mature, they shall bo calculated in such inivmn'r as the Secretary may direot.
(8) The subscriber shu.ll intimate the. fixation of the amount of Ma monthly flubficription in each year in tho following manner;.—
(a) if ho wan on duty on the fllsl March of tho preceding year, by deduc- tion which ho makes in this behalf from Ms pay bill for thftt month;
(b) if he was on leave on the J)lst March of tho preceding year and eleofc- ed not to subscribe during such lea-ve;- or was uuder suspension on that date, by the deduction, which he .makes, in this behalf from his first pay bill after MB return to duty;
(c) ill he has entered service of tho Board for the first time during the year, bv the deduction which he makes in this behalf, from his pay bilf for the, month during which he join8 the Fund;
{A) if ho wo-a on leave on the 81st March of the preceding year, and con- tinues to be on leave and has elected to subscribe during such leave; of if he was on foreign service on the 31st. March of the preceding year, by the deduction which he mmsos to be made in thin behalf from hw salary bill for that month;
(g) if his emoluments are of tin- nature referred to in the proviso to sub- rule (2), in such manner, as the Secretary may direct.
(4) The amount of subscription so fixed shall remain unchanged through- out t.h-e year.
Provided that if a subscriber is on duty for a part of a month and on leave •for the remainder of that, month, and if he has elected not to subscribe during leave, tho amount of the subscription payable shall be proportionate to the number of days spent on duty in the month.
8. A. When a Buhner iber is transferred to foreign Borvice or sent on deputa- tion out of India be shall remain subject, to the rules of the Fund in the same manner as if he vtc-iv not so Ini.nnferred or sent °n deputation.
9. Realisation of Subscriptions.••-'('he subscriber shall forward1 his dues monthly bo the Secretary by deduction in his pay bill. .When a Subscriber" is on foreign serviee o:: on deputation, he shall remit the> subscription in cash to the Secretary so as to reach him bofore thti oth of each month immediately following the month h~n: which the subseripLion is due.
10. Contribution by the Board.—(1) The Board shall, with effect from the Slat March of each year, maku a contribution l*> the account of each subscriber,
Provided that if. a subscriber quite the service or dies during a year, contribution shall .be credited to his account for the period between the clone of the preceding year and the date of the casualty.
(2) The contribution shall bo 6| per cent, of the subscriber's emoluments drawn on duty during the ye in.- or period as the case may be.
(8) If a subscriber is ou deputation out of India the emoluments which he would have drawn had he been on duty in India shall, for the purposes of this >rule, be deemed to be emoluments drawn on duty.
(4) The amount of any contribution payable in respect of a period of ioroign service shall, unless it is recovered from the foreign employer, be recovered bv tho Board from subscriber.
026 THE GAZETTE OF INDIA, EXTEAOBDINAEY, JUNE 14. 1949(5) Should the subscriber elect to subscribe during leave, his leave salary shall, for the purposes of this rule, be doemed to be emolumenta drawn on duty.
(6) The amount of contribution payable shall be rounded to the nearesjj whole rupee (eight annas counting as the next higher rupee).
1.1. Interest.— (1) The Board shall pay to the credit of the account of a subscriber interest, rat such rate us the Government of India may from time' to time prescribe for the payment of interest on subscriptions to the General Provident Fund maintained for Government servants, on the amount- at his- credit in the Fund.
(S3) Interest shall be credited with effect from the 31st March of each yeftr in the following manner:—
(i) on the amount) at the credit of a subscriber on the 31st March of the preceding year, less any sums withdrawn during the current year interest for twelve months.
(ii) on sums withdrawn during the current year—interest from the 1st April of the current year up to the last day of the month preced- ing the month of withdrawal:
(iii) on all sums credited to the subscriber's account after the 31st March of the preceding y"ar—interest from the date of deposit upto Ihe 31st March of the current' year.
(iv) the total amount of interest shall be rounded, to the nearest whole- rupee, eight annas counting as the next higher rupees.
Provided that when the amount standing at the credit of a subscriber has- become payable, interest shall thereupon be credited under this sub-rule in respect only of the period from the beginning of the current year or from the date of deposit, as the case may be, up to tho da lie on which the amount standing at the credit of the subscriber become payable.
(8) For the purposes of this rule the date of deposit shall in the case of recoveries from emoluments, be deemed to be the first day of the month in which they are recovered and in the case of amount forwarded by the cubsorib- er, shall be deemed to be the first day of the month of receipt, if they are received by the Secretary before the fifth day of that month, or if they are received on or nfter tho fifth day of that month, the first day. of the next 1 succeeding month.
(4) In addition to any amount to be paid under rule 19, interest thereon up to the end of the month preceding that in which payment is made, or up to the sixth month after the month in which such amount became payable, whichever of these periods bo less, shall be payable to the person to whom such amount is to be paid;
Provided that no interest shall be paid in respect of any period after the date which the Secretary has intimated to that person (or his agent) as the date on • which he is prepared to make payment in cash; or if he pays by- cheque after the date on which the cheque in that person's favour is put in. the post.
ffr) Interest shall not be credited to the account of a Muhammad an euba- mriuer • if he informs the Secretary that he does not wish to receive it, but if he subsequently asks for interest it shall be credited with effect from the 1st April of thij year in whioh he asks for iti.
(6) The interest on amounts whioh, under rule 15 or rule 17 are replaced as the credit of the subscriber in the Fund, shall be calculated at such rates,
THE GAZETTE OP INDIA, EXTKAOEDINABY, JUNE 14, 1949 1027"as may be successively prescribed under sab-rule (1) of this rule and so far as may be in the manner prescribed in this rule.
12. Advances from the Fund.—A temporary advance may tie granted to a subscriber from the amount standing to his credit in the Fund at the discretion of the Secretary subject to the following conditions:—
(a) No advHiicso shall be granted unless the Secretary is satisfied that the applicant's pecuniary circumstances justify it, and that it will be expended on the following object or objects and not otherwise;—
(i) to pay expenses incurred in connection with the prolonged illness of the applicant or any person actually dependent on. him;
(ii) to pay for the overseas passage for reasons of health or education of the applicant or any person actually dependent on him; (iii) to pay obligator 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.
(b) An advance shall not, except for special reasons, exceed three months' pay, and shall in no case exceed the amount of subscriptions and interst thereon standing at the credit of the subscriber in the Fund, tc) An advance shall not, except or special reasons, be granted until at least twelve months after the final repayment of all previous advances together with interest thereon, unless the amount1 already advanced does uot exceed two-thirds of the amount admissible under clause (b),
(d) The: Secretary shall, record in writing his reason for granting the.
advance:
Provided that if the reason is of a confidential nature it may be communi- cated to the Secretary personally and/or confidentially.'
18. (1) An advance shall be recovered from the subscriber in such number of equal monthly instalments an the Secretary may direct, but such number shall not be less than twelve unless the subscriber so elects, or in any case more than twenty-four, A subscriber, may, at his option, make re- payments in n smaller number of instalments than that prescribed. [Each instalment shall be a number of whole rupees, the amount of the advance being.raised or reduced, ii necessary, to admit of the fixation of such instal- ments.
(2) Recovery shnll be made in the manner provided in rule 9 for tho realisation of subscriptions find shrill commence on the first occasion after the advance K mud-; on which the subscriber draws emoluments, other than leave- salary or subsistence grant, for a full month. Recoveries shall not be made, except with the subscriber's consent, while he is on leave or in receipt of subsistence grant, and may be postponed by the Secretary during the reco- very of an advance of pay granted to the subscriber.
(8) If more thnn one advance bus been made to a subscriber, each advance shall be treated-separately for the purpose of recovery,
(•1) (a) Aftor 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 efiob month or broken portion of a month during the period between the- drawal and complete re-payment of the principal:
Provided that Muhannnadan subscribers whose deposits in the Fund carry no interest shall not be required to pay into the Fund any" additional instalments on account of interest on advances granted to then) from the Fund. -
1028 THE GAZETTE OF INDIA ^ BXTBAOEDINARY, JUNE 14, 194?(b) Interest shall ordinarily be recovered in one instalment in the month after •ompJete re-payment of the principal, but if the period referred to in clause (a) exceeds twenty months, interest may, if the. subscriber ao degtre", be recovered in two equal monthly instalments. The method of recovery shall be that provided in sub-rule (2). Payment shall be rounded to the nearest whole rupees, eight annas counting as the next higher rupee.
(6) Recoveries made under this rule shall be credited, as they are made, to fiie account of the subscriber in the Fund.
14. Notwithstanding anything contained in these rules, if the Becretarj is satisfied thai money drawn as an advance from the Fund under rule 12 ha* been utilised for purpose other than that for which sanction won given to the drawal of the mouey, the amount in question shall, with interest at the fate provided in rule 11, forthwith be repaid by the subscriber to the Fund, or, in deiault, be ordei-ed to be recovered by deductions- in one sum from th" emoluments of the subscriber, even if he be on leave. If the total amount to be repaid be more than half the subscriber's emoluments reeoverie* ah*U be mada in monthly instalment or moieties of his emoluments till the entire amount recoverable bo repaid.
Noti.—The term 'emoluments' as used in this rule does not include subsis- tence grant.
Jfl. Oircumstanc*s in whloh accumulations art p*yaH".—When a subscriber
Provided that a subscriber, who has been dismissed from the service and is subsequently re-instated in the service shall, if required to do so by the •Secretary repay any amount paid to him from the Fund in pursuance of this rule, with interest thereon at the rate provided in rule 11 in the manner provided in the proviso to rule 16. The amount so repaid shall be credited to TUB account in the Fund, the part which represents the Board's contribution with the interest thereon, heirig net/ouoted for in the manner provided in rule 6.
•
16. When a subscriber—
(ft) has proceeded on leave preparatory to retirement or (b) while on leave, has been permitted to retire or deolared by competent
medienl authority to be unfit for further service.
the amount of Gubraribtiom and interest thereof standing to his credit in the fund shall, upon application made by him in that behalf to the Seervtary, become payable to the subscriber:
Provided that the subscriber, if he returns to duty, shall if required to do BO by the Secretary repay to the Fund, for credit to his account, the whole or part af any amount paid to him from the Fund in pursuance of this rule, with internet 'thereon at the rate provided in rule 11 In cash or securitlwj, or partly in cash und partly in securities, by instalments or otherwise by recovery from his emoluments or otherwise, an the Secretary may direct.
17. Subject to iiny deduction u.ndor rule 18, on the death of a subscriber ./mrore the amount standing to. his credit has become payable, or, where the, amount has become payable before payment has bee?) made.:-—
(i) When a subscriber lenve-a a family—
(a) if a nomination made by the subscriber in accordance with the provi- sions of rule 5 in favour of B member or members of hifl family subsists, the amount standing lo hia credit in the Fund or the part thereof to which the nomination relates, shall become payable to his nominee or nominees in the proportion specified in the nomina- tion;
THE GAZETTE OF INDIA, EXTEAOBDINAEY, JUNE 14. 1940 1029(bj if no such nomination iu favour of a member OA* members of the family of the subscriber subsists, or if such nomination relates ooly to a part of the amount standing to his credit in the Fund, the whok amount or part thereof to wbioh the Domination does not relate, UA the casu may be, shall, notwithstanding any nomination pur- porting to be in favour of any person or persoiiB other than a memebr or membcrg of hie family, become payable to the members of hit family In equal shares:
Provided that no share shall bo payable to— (1) DODG who have attained legal majority:
(2) hOna of a deceased son who have attained legal majority. (8) married daughters whose nuebandfl are alive; (4) married daughters of deceased ran whose hu&bands five alive;
if there i" any member of the fnmily other than those specified in MauMW (1), (2), (8) "od (4):
Privi
Note'-—Any sum payable under rules to a member of the family ot a subscriber vests in "uoh member under eub-seotion (2) of section 8 of the Provident Funds Act, 1025.
. (ii) when the subscriber leaves no family., if a nomination made by him in accordance with the provisional of rule 5, iu favour of any person or pereous subsists, the amount standing to his credit in the Fund or the part thereof to which the nomination relutoft, shall become payable to his nominee or nominees in ths proportion specified in the nomination.
Note. 1.—When a nominee is a dependent of the subscriber aa defined, in clause (a) of section 2 ot tJie Provident Funds Act, 1026, the amount vests m such nominee under sub-section (2) of section 3 of that Act.
Note. 2.—When the subscriber leaves no family and no nomination made by him in ;vccordance with the provision of mlo 5 subsists; or if such noininatiqn relates only to part of the amount Btmiding to his credit in the Fund, the relevant provision of clause (bj and sub-olanso (ii) of clause (o) of sub-seotion (1) of Kuctoin 4 of the Provident Fund Aot. 192A, are applicable to the whoJe •imouin or the part thereof to which th^ nomination does not relates.
IN. Deductions —SubjfM-t to the condition that, no deduction may be made wbich reduocf; the oredit by more tlmn tin.' amount of any contribution by the Board with mWefsts thon*oi) credited under rules 10 and 11, before the. amount standing to the oredit of a subscriber in the Fund is paid out of tiie Fund, the Secretary may direct the deduction therefrom and payment to> thfi Board of:—
(n) ;my amount, if a Bubeoriber has been diBmiseed from the service for grave misconduct:
Provided that, if the order of dismissal is subsequently cancelled, the amount so deducted shall, on his re-iunt-at-ainenti in the service, bo replaced at his credit in the Fund;
(h) aay amount, if a subscriber resigns his employment under the Board within thi'tit' years of the commencement thoroof, otherwise tJnm by reuBon of Hupernnnutivion or a declaration by wnnpetonti medical authority that }ie is unfit for further service;
(c) any uxnounl:, due under a linbilitv incurred by the subscriber to the Board.
1030 THE GAZETTE OF INDIA, EXTEAOBDINAEY, JUNE 14, 1949H). Payment.— (1)When the amount standing to the oredit of a sub- scriber in th" Fund or the* balance thereof nfter any deduction under rule 18. becomes payable, it shall be the duty of the Secretary after satisfying him- self, when no such deduction has been directed under that rule, that no deduc- tion is to be made, to make, payment as provided in section 4 of the Provident Funds Act, 1925.
(2) If tlio person to whom, under these rules, any amount is to be paid is In untie for M;ho"e estate a, manager has been appointed in thin behalf under the Indian Lunacy Act, 1912, the payment will be made to such manager, uud not to the lunatic.
(3) Any person who desires to claim payment under this rule shall send a, written application in that behalf to the Secretary. Payment of amounts withdrawn shall be made in India only. The persons, to whom the amounts are payable shall make their own arrangements to receive payment in India.
A'ote.—When the amount standing to. the credit of a subscriber has become payable under liule 15, 16 or 17, the Secretary, shall effect prompt payment of that portion of the nxnoum, standing to the credit of a, subscriber in regard to which there is no dispute or doubt, the balance being adjusted as soon after as may be.
2
2.1. When paying a subscription either by deduction from emoluments or in a cash, u subscriber shall, quote the number of his account in the Fund, which shall bo communicated to him by the Secretary. Any change in the number shall similarly be cmnmunicaled to the subscriber by the Secretary.
22. (1) As soon as possible after the 81st March of each year the Secretary; shall send to each subscriber a statement of his account in the Funds, show- it:;;' the, opening balance as on the 1st April of the year, the total amount) credited or debited during the year, the total amount of interest oredified aa on the 31st March of the year and the. closing balance on that date. The Secretary shall attach to the. statement of account au enquiry whether the subscriber—
(a) dosirey to make any alteration in any nomination made under iyle 5;
(b) has acquired a family (in ease where the subscriber has made no
nominal ion) in favour of a member of his -family under sub-rulei (1)
of rule f>.
(m2) Subscribers should satisfy themselves as to the eqrreetnesp of the annunl statement, and errors should be brought to the nolice of the Secretary within six months from the date of receipt of the statement.
(:)) The Secretary shall, if required by a subscriber, once but not_ more than once, in a year, inform the subscriber of the total amount standing to ' hi? credit in the' Fund, at the end of. last month for which his account
has been written up.
2"). All applications under these rules shall be addressed to the Secretary.
THE GAZETTE OF INDIA, EXTRAORDINARY, JUNE 14, 1049 1031
FIRST SCHEDULE
Rule 5 (8)
I'OHMS OF NOMINATION
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 Central Silk Board Contributory Provident Fund Rules, to receive the amount that may stand to my credit in the Fund, in the event of my death before the amount has become payable, or haviDg be- come payable has not been paid:—
Name and Address of Nominee.
Relation snip with subsuriber.
Age..
••Contingencies on the happening of which the
nomination shall become invalid.
Nil me, address and relationship of the person, if any, to whom the, right of the nomiuee shall1 pass in the event of his predecenaing the subscriber.
'
]')ated this day of 19
at
Signature of subscriber.
Two Witnesses to signature.
1,
Tl. When the subscriber has n- family and wishes to nominate more than one member thereof:—
I hereby nominate the persons mentioned below, who are members of my family us denned in rule 2 of the Central Silk Board Contributory Provident Fund Rules, to receive, the amount that may stand to my credit in the Eundj in the event of my death before that amount has become payable, dr having 'become payable hns not been paid, and direct that the said amount shall be distributed among the said persons in the manner shown below against their names:
Name and Address of Nominee.
Relationship with subscriber.
Age.
Amount or Share of uucuirmlations to be paid
to each.*
10S2 THE GAZETTE OF INDIA. BXTBAOBDINABY, JTXHB 14, 1940Contingencies on the happening of which the
nominatlou shall become invalid.
Nnme, address and relationship of the person, if "ny, to whom the right of the nominee shall pwjtt in the event of his predeceasing the Bub"criber-
Dated thin *"y of 19 at
Signature of tubsorflrtr.
Two Witneaaee to signature.
.1. 2.
•Ntfre.—This column should bo filled in M M to cover the whoU amount that m"jr stand lo the credit of the au.bacrib"r in the Pond "t any tlm*.
ITT. When the nubeoriber has no family and wishes to nominate one perton:—
T having no family as defined in rule 2 of the Central Sflk Board Contri- butory Provident Fund Rules, 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 hns become payable, or having beoome payable has not been paid:—
fsame and Address of Nominee. Relationship with subscriber. Age. *1*(;ontingeuoies on the happening o£ whioh th"
nomination shall become invalid.
Name, address and relationship of the pwon, if any, to whom the right of the nominee shall pRBf" i'-\ the event of his predeceasing the flubsoribor.
Bated this day of 19 at
Signature of gubaoriber.
TVo Witnefl8"H to eignature.
1.
%
•NOTB.—Wh6re a iub"cribor who ha4 no family makes " nomination, he thnll "p"oify in this column that the nomination shall become invalid in the event of hu lubaequently acquiring a family.
TV. When the subscriber has no family and wishes to nominate more than one person:—>
1 having no family as defined in rule '2 of the Central Bilk Board Contri- butory Provident Fund Rules, hereby nominate the persona mentioned below to receive the amount that may stand to my oredit in the Fund in the event
THE GAZETTE OF INDIA, EXTKAOBDINABY, JUNE 14, 1W9 103frof my de^th before that amount has become payable, or having beoome pay- able nan nob been paid, and dirwt that the said amount shall be distributed araoDf the said persons in the manner shown below against their tuunfls.
Neine find A,ddreflH of Nominees. Relatkm&hip with subscriber. Ag£.
Amount- or Hhare ol awjuuiulationa to bo paid
to each.*
*-*GtmtingenoJw on the happening of which the
nomination shall become invalid.
Name, address and relationship of the person, if any, to whom the right of the nominee shaJD pass in the event of his predeceaHing fche subscriber.
Otitiei this
dfty of 19
Ht
Signature of subscriber IVo WitiMiaaoa to signature,
1.
2.
*NoA".— Thi" column ahould be filled in no M to cover th" wholn nmCKiit th"t m*y
tttiind to iha credit of the anbacribor in the Food at Any time.
" N o l i ,— Where " subscriber who ha* no family m*ki"i s nominttlon h" ahftU "p"ciiy
in this oolntnn tlmt the nomination uhall become invalid in the event of hin wibneqoenUy
aequirtng a f"mily
E 0. QHOSH, Asatt. Secy,
PUBLTBHKI) BY THH M A N A O IH OF PUBUCATIOMa, DlLHI, INDIA.
PxTNTKU BT TB¥ MAN/LOKU, OovliRWiCENT 09 INDIA P K B S B, N"W DELHI, I;"DIA.
- shall he finuf. (7) Thtt Vice-Ohairman shall be pleo+ed for one year but shall be eligible for ie-eleetiori for the ensuing year. 12. Election ol members ol the. Standing Committee.--(1) The Chairman rnrnber of viicaiicies to be ti'led. oneb member of the lioavd PI'CHCU! at the meeting sha'l he pHveii a ballot poi'er eontiiinijig tlin names of nil ibe caodidatas proposed and ho shall bo required ?o vote tliereon for as many candidates as there are vacancies to be, filled up. Not more tlmn one vote ahull be, given in favour of any one candidate. If any member votes for more candidates than there are vacancies or gives more than one vote in favour of any one candidate., all his votes shall be deemed to he invalid. ↩
- be made on behalf of the Board (u) by the Viee-Ohairmari or (b) subject to such condi- tions as it may specify by two members of the Standing Committee who may be authorised for this purpose by the Chairman: Provided that the prior sanction of the Standing Committee shall be obtained in respect of any contract involving an expenditure exceeding ten thousand jupees. (↩
- . i . f i t f i . l i t l i : i i i i i j i t i i . . . ( r . v I 1 0 1 T ↩
- to hie absence on leave. A period of 12 months at one time should ordinarily be regarded as a suitable maximum, and should not be exceeded save for exceptional reasons. ft. An employi-'o of the Board whose study Jeave is combined with • any other kind of leave should be required to take his period of study Jeave at such a time as to retain, at its conclusion, a balance of other previously sanctioned leave sufficient to cover the period spent in returning to duty. 7, When a Board employee haw been granted a definite period of study leave and find subsequently that his course of study will fall short of the sanctioned period to any considerable extent, his absence from duty should be reduced in- the excess period of study leave, unless ho is allowed to take it as ordinary leave. 8. A study allowance shall be granted for the period spent in proaeouting a definite course of study fit a recognised institution or in any definite tour of inspection of any special ola3s of work, ns well as for the period covered by any examination at the end of the course of study. The ratefl of study allowance shall be determined or the basis of the rates fixed by Government of India from time to time for its employees for study in the United Kingdom, United States of America and an the continent of Europe and also in Japan, China or (my other country as may be considered necessary. The ratea to be grantee) ior studj in other countries,- including India, will in each case be Hpocit'.lK considered by the Board in consultation with the Government of India. ' hi i>u isnse will subsistence allowance be granted in addition to study allowance and ordinarily travelling allowances will not be paid but in exoep- itioJ.'↩
- manner:— (a) If he is an officer who drawB hie own pay bilLs, by maHdog no deduc- tion on account of subscription in his first pny bill drawn after proceeding on leave*; (b) If he is not an officer who draws his own pay bills, by written nnnuquni- cation to the 'Secretary before he proceeds on leave. Failure lo make duo and* timely intimation shall be doomed to ooastltwfce an election to subscribe. The option of a subscriber intimated under this sub-rule aboil be final. (4J A subscriber who has under rule 16 withdrawn the amount of nubacrip- tiou and interest thereon, shall not subscribe to tlie Fund after emoluments to which Le was entitled on the first day after his return to duty; (ii) if the subscriber was on deputation out of India on the Enid date or was on leave on the said date and^continuce to be on leave and has eleoted to subscribe during such leave, his emolument* shall be the emoluments to which he would have been entitled had he been on duty in India; (iii) If the Hiibscriber joined the Fund for the firat time on a day sub- sequent to the said date, his emoluments shall be th« emoluments U> which be was entitled on such subsequent date, (b) In the ca^e of a subscriber who was not in service of the Board on the ;31st Moron of ihe> preceding year, ihe emoluments to whioh he was entitled on the first day of his service or, if he joined the Fund for ↩