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RRGISTERED No. D. (D.)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 312] NEW DELHI, SATURDAY, OCTOBER 28, 1978/KARTIKA 6, 1900

Separate paging is given to this Part in order that it may be filed as a separate compilation.

(1007)

752 GI/78—1.

752GI78—2

MINISTRY OF PETROLEUM, CHEMICALS AND

FERTILISERS

(Department of Petroleum)

New Delhi, the 28th October, 1978

NOTIFICATION

O.S.R. .—fn exercise of the powers conferred by sec- tion 31 of the Oil Industry (Development) Act, 1974 (41 of 1974), the Central Government hereby mates the following rules, namely :—

1. Short title and commencement.—(1) These rules may be called (he Oil Industry Development Board (Employees' Con- tributory Provident Fund) Rules, 1978.

(2) They shall come into force on the date of their publi-

cation in the Official Gazette.

2. Definitions.—In these rules, unless the context otherwise

requires,—

(a) "Board" means the Oil Industry Development Board constituted under section 3 of the Oil Industry (De- velopment) Act, 1974 (47 of 1974);

(b) "Chairman" means the Chairman of the Board;

(c) "Chief Accounts Officer" means the Financial Adviser and Chief Accounts Officer of the Oil Industry De- velopment Board;

(d) "Child" means a legitimate child and includes an adopted child, where adoption is recognised by the personal law governing the subscriber;

(e) "emoluments" means pay, leave salary or a subsis- tence grant, if any, in the manner determined by the •Board from time to time and includes dearness pav appropriate to pay, leave salary or subsistence grant, if admissible;

(f) "employe*" means a person directly recruited by the Board or a person absorbed as an employee of the Board, without break, after resignation from service under Central Government, in public interest;

(s>) "family"' means.—(i) in" the case of a male subscriber,

the wife or wives and children of the subscriber and the widow or widows and children of any deceased son of the subscriber :

Provided that if a subscriber proves that his wife has been judicially separated from him or has otherwise ceased, under the customnry law of the community to which she belongs, to be entitled to maintenance from him, she shall henceforth be deemed to be no longer a member of the subscriber's family )n matters !o which these rules relate, unless the subscriber subsequently intimates by notice in writing to 1he Secretary that she shall continue to be so regarded;

(ii) in the case of a female subscriber the husband and children of the subscriber, and the widow or widows and children of any deceased son of the subscriber :

Provided that if a subscriber by notice in writing to he Secretary expresses her desire to exclude her husband from her family, the husband shall henceforth be deemed to be no longer a member of the subscriber's family in matters to which- theai rules relate, unless the subscriber subsequently cancels such notice in writing;

(h) "Fund" moans the Oil Industry Development Board

Employees' Contributory Provident Fund;

(i) "leave" means any kind of leave recognised by ihe

Board;

(j) "Secretary" means the Secretary to the Board; (k) "subscriber" means a member to the Fund; (1) "year" means a financial year;

(m) words and expressions used in these rules and not defined, but defined in the Provident Funds Act, 1925 (19 of 1925) shall have the. meanings respecti- vely assigned to them in that Act;

(n) words nnd expressions used herein and not defined whether in these rules or in the Provident Fund? Act, 1925 (19 of 1925) shall have the meanings res pectively assigned to them in the Fundamental Rules.

3. Cons'itution of the F u n d . ^ 1) The Fund shall be main-

tained in rupees.

(2) All sums paid into the Fund "under these ru'es stall be credited, and ihall be shown in the books of the Board 1p be so credited, in a Saving Bank Account with the Post 6fflce or with any of the nationalised banks and named 'The Oil In- dustry Development Board Employees' Contributory Provident

Fund Account" to be operated by the Chief Accounts Officer fof the Trustees comprising of the following, namely :—

(1) the Secrdaiy, Oil Industry Development Board ex-

officio;

(ii) the Chief Accounts Officer Oil Industry Development

Board sx-offlcio; and

(iii) a representative of the diiectly recruited "taff to be

nominated by the Chairman, at his discretion.

(3) a representative so nominated under clause (iii) of s>ub- rule (2) shall act as Trustee for a period not exceeding one year from the dale of nomination as specified by the Chairman.

(4) accretions to the Fund, not immediately required for meeting obligatory payments from the Fund, shall be, invested in such Government securities, Government guaranteed securi- ties, Small Savings instruments or deposit schemes or in such other manner as may be specified by the Central Government.

4. Conditions of eligibility.—(1) These rules shall apply to every employee who has completed one year of con- tinuous service in the Secretariat of the Board from the be- ginning of the month following that in which he completed continuouu service of one year.

(2) If an employee admitted to the benefits of the Fund was, at any time piior to his being so admitted to the benefits of the Fund, a subscriber to a Oovernment or semi-Govern- ment contributory provident fund, the amounts lying to his credit in the said contributory provident fund (Including con- tributions of his pievious employers if any, in relation to him in such provident fund) together with interest thereon, shall be transferred to his credit in the Fund and in such cases the employee shall for all purposes cease to be employee of the previous employer.

5, Nomination.—(1) A subscriber shall, at the time of join- ing Ihe Fund send to the Secretary a nomination conferring on one or more persons the right to receive the amount that nuy stand to his credit in the Fund in the event of his death before that amount has become payable, or having become payable, has not been paid :

Provided that if, at '.he time of making the nomination, ihe subscriber has a lumily the nomination shall not be in favour of any peiion or persons other than a member or members of his family :

Provided further that, where 'he amount lying to the credit of a subscriber in sny olher provident fund has been transfer- red to the Fund, the nomination made by him in respect of such provident fund shall be deemed to be a fresh nomina- tion duly made under this rule until he or she makes a nomi- nation in accordance with this rule.

(2) If a subscriber nominates more than one person under sub-rule (l),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 set faith in the Fiist Schedule as is appropriate in the circum- stances.

(4] A subscriber may, at any time, cancel a nomination by sending a notice in writing to the Secretary and wheie a sub- scriber so cancels a nomination, shall, alone with such notice or separately send a fresh nomination made in accordance with the provisions of this rule.

(5) A subscriber may piovkle in a nomination,—

(a) in respect of any specified nominee, that in the event of his predeceasing the subscriber, the right confer- red upon that nominee shall pasn to such other person or persons as may be specified in the nomination :

Provided that such other person or pemons shall, if the subrcriber hai other members of his family, be such o'her member or members of his family and that where the subscri- ber confers, such n right on more than one person under this dame, lie shall specify, the amount or share payable to each of "uch persons in uich a manner as to cover the whole of the amount that may stand to his credit at any time;

(b) that the nomination shall become invalid in the event of the happening of a contingency specified therein;

Provided that if at the time of making the nomination the subscriber has no family, he shall provide in the nomination that it shall become invalid in the event of his subsequently acquiring a family:

Provided further that if at the time of making the nomina- tion the subscriber has only one member of the family he shall provide in the nomination that the right conferred upon the alternate nominee under clause fa) shall become invalid in the event of hi" subsequently acquiring any other member or members in his family.

(6) Immediately on the death of a nominee in respect of whose death, no provision as provided in clause (a) of sub- rule (5) hag been made in the nomination or on the occurence of any event by reason of which ihe nomination becomes invalid by virtue of any provision made in pursuance of clause (b) of that sub-rule, the subscriber shall send to the Secretary a notice in writing cancelling the nomination together with a fresh nomination made in accordace with the provisions of this rule.

(7) 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 on which it is received by the Secretary.

6. Subscriber's Accounts,—An account shall be opened in the name of sach subscriber in which shall be shown :—

(i) his subscriptions;

(ii) contributions made under rule 10 by the Board to

the account;

(iii) interest, as provided by rule 11, on subscriptions;

(iv) interest, as provided by rule 11, on contributions,

advances and withdrawals from the Fund.

7. Conditions of Subscriptions.—(1) Every subscriber shall subscribe monthly to the Fund when on duty but not during a period of suspension :

Provided that a subscriber on leinstatement after a period of suspension shall be allowed the option of paying in one lump sum, or in instalments, any sum not exceeding the maximum account of arrears of subscriptions permissible for that period,

(2) A subscriber may at his option not subscribe during leave which either does not carry any leave salary or carries leave salaiy equal to or less than half pay or half average pay.

(3) The subscriber shall intimate his election not to subsc- ribe during the leave referred to in sub-rule (2), in the following manner namely :—

(a) if he is an officer who draws his own pay bills by making no deduction on account of subscriptions in his first pay bill drawn after proceeding on leave;

(b) if ho is not an officer who draws his own pay bills, by written communication to the Chief of Accounts Officer before he proceeds on leave.

Note :—

be deemed to constitute an election to subscribe.

(ii) The option of a subscriber intimated under this

sub-rule shall be final.

(4) A subscriber who has, under rule 18, withdrawn the amount of subsiriptions and interest thereon, shall not sub- scribe to the Fund after such withdrawal unless he returns to duty.

8. Rate of Subscriptions.-^ 1) The amount of subscriptions ;jhnll be fixed by the subscriber himself subject to the follow- ing conditions, namely :

(a) it sh;ill be expressed in whole rupees;

lOiO THE GAZETTE OF-TNDIA : EXTAARODINERV [PAM II-Sac.3(i)]

(b) it may be any sum, so expressed, not less than 8-l|3 per cent of his emoluments and not more than his emoluments.

(2) For the purpose of sub-rule (1), the emoluments of

a subscriber shall be :—

(a) in the case of a subscribed who was in service of the Board on the 31st March of the preceding year, the emoluments to which he was entitled on that date :

Provided that :—

(i) if the subscriber was on leave on the said date and elected not to subscribe during such leave or was under suspension on the said date, his emolu- ment* shall be the emoluments to which he was entitled on the first day after his return to duty;

(ii) if the subscriber was on deputation out of India on the said date or was on leave on the said date and continues to be on leave and has elected to subscribe during such leave, his emoluments shall be emoluments to which he would have been en- titled had he been on duty in India ;

(iii") if the subscriber joined the Fund for the first time on a day subsequent to the said date, his emolu- ments shall be emoluments to which he was entitled on such subsequent date ;

(b) In the case of a subscriber who was not in service of the Board on the 31st March of the preceding year, the emoluments to which he was entitled on the first day of service or if he joined the Fund for the first time on a date subsequent to the first day of his service the emoluments to which he was entitled on such subsequent date :

Provided that, if the emoluments of the subscriber are of a fluctuating nature, they shall be calculated in such manner as the Secretary may direct.

(3) The subscriber shall intimate the fixation of the Bmount of monthly subscription in each year in the following manner :—

(a) if he was on duty on the 31st March of the pre- ceding year, by the deduction which he makes or causes to be made In this behalf from his pay bill tor that month;

(b) if he was on leave on the 31st March of the pre- ceding year and elected not to subscribe during such leave, or was under suspension on that date, by the deduction which he makes or causes to be made hi this behalf from his first pay bill after his return to duty;

(c) if he has entered service of the Board for the first time during the year, by the deduction which he makes or causes to be made hi this behalf, from his pay bill for the month during which he joins the Fund;

(d) if he was on leave on the 31st March of the preced- ing year and continues to be on leave and has elected to subscribe during such leave, or if he was on foreign service on the 31st March of the preceding year, by the deduction which he causes to bo made in this behalf from his salary bill for that month;

(e) if his emoluments are of the nature referred to in the proviso to sub-rule (2) in such manner ns the Secretary may direct.

(4) The amount of subscription so fixed may be enhanced

or reduced once at any time during the course of a year :

Provided that when the amount of subscription Is so reduced it shall not be less than the minimum prescribed by sub-rule (1):

Provided further that if a subscriber is on leave without pay or leave on half pay or half average pay for part of a calendar month and he has elected not to subscribe during such leave, the amount of subscription payable shall bo proportionate to the number of days spent on duty including leave, if any, o;her than leave of the nature referred to above.

9. Realisation of Subscriptions: (I) When emolumnts are drawn from the Fund, recoveries of subscriptions on account of these emoluments and of the principal and interest of advances shall be made from such emoluments.

(2) When emoluments are drawn from any other source the subscriber shall forward his dues monthly to the Chief Accounts Officer.

10. Contribution by the Board : (1) The Board shall with effect from the 31st March of each year, make a contribution to the account of each subscriber:

Provided that if a subscriber quits the service or dies during a year, contributions shall be credited to his account for the period between the close of the preceding year and the dftte of quitting of service or death, as the case may be :

Provided further that no contribution shall be payable in respect of any period for which the subscriber is permitted under the rulea not to subscribe, or the subscriber does not subscribe, to the Fund.

(2) The contribution shall be such percentage of the subscriber's emoluments drawn on duty during the year or period as the case may be, as has been or may be prescribed by general or special order under the Contributory Provident Fund Rules (India), 1962 :

Provided that, If, through oversight or otherwise the amount subscribed Is less than the minimum subscription payable by the subscriber under sub-rule (1) of rule 8 and if the short subscription together with the Interest accrued thereon is not paid by the subscriber within such time as may be specified by the authority competent to sanction an advance for the grant of which special reasons are required under sub-rule (3) of rule 12, the contribution payable by the Board shall be equal to the amount actually paid by the subscriber or the amount normally payable by the Board, whichever is less, unless the Board In

(3) Where a subscriber elects to subscribe during leave, his leave salary shall, tor the purposes of this rule, be deemed to be emoluments drawn on duty.

(4) Where a subscriber elects to pay arrears of subscrip- tions In respect of a period of suspension, the emoluments or portion of emoluments which may be allowed for that period on reinstatement shall, for the purpose of this rule, be deemed to be emoluments drawn on duty.

(5) The amount of contribution payable shall be rounded to the nearest whole rupee (fifty palse counting as the next higher rupee).

(11) Interest: (1) The Board shall pay to the credit o* the account of a lubscriber interest, at such rate as the Central Government 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 hi the Fund.

(2) The Board shall contribute the difference, If any, bet- ween the total amount of Interest actually realised on invest- ments made from the accumulations made in the Fund during the financial year and the total amount of Interest payment to all subscribers in respect of the same year.

(3) Interest shall be credited with effect from the 3 Ist

March of each year in the following manner :—

(I) on the amount to the credit of a subscriber on 31st March of the preceding year less any sums withdrawn during the current year-interest for twelve months;

(il) on sums withdrawn during the current year-interest from the 1st April of the current year upto the last day of month preceding the month of withdrawal;

(ill) on all sums credited to the subscriber's account after the 31st March of the preceding year-interest

from the date of depo⁢ upto the 31st March of the current year;

(lv) the total amount of Interest shall be rounded to the nearest whole rupee (fifty paise counting as the next higher rupee) :

Provided that when the amount standing to the credit ol 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, upto the date on which the amount standing to the credit of the subscriber becomes pay- able.

(4) For the purposes of this rule, the date of deposit shall be deemed to be the first day of the month succeeding the month In which the emoluments of a subscriber are drawn or disbursed •.

Provided that where the emoluments of a subscriber are not drawn before the expiry of the last day of the month to which it relates and consequently there has been delay in the recovery of his subscription towards the Fund, the Interest on such subscription shall be payable from the month In which the pay or leave salary of the subscriber was due irrespective of the month In which it was actually drawn.

(5) The Interest shall be payable upto the end of the month preceding that m which payment is made, or upto the end of the sixth month after the month in which such amount became payable whichever of these periods be 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 pre- pared to make payment in cash or If he pays by cheque after the date on which the cheque in that person's favour is sent by post

(6) Payment of interest on the Fund balances beyond a period of six months, after the amount due to a subscriber became payable, upto a period of one year may be authorised by the Secretary after he has personally satisfied himself that the delay in payment was occasioned by circumstances beyond the control of the subscriber and In every such case the admlnjstratiye delay involved in the matter shall be fully investigated and action, if any required, taken.

(7) Interest shall not be credited to the account of a subscriber if he informs the Secretary that he does not wish to receive it, but ff he subsequently asks for interest it shall be credited with effect from, the 1st April of the year in which he asks for it

(8) The Interest on accounts which under rule 17 or rule 18 are replaced at the credit of the subscriber, in the Fund shall be calculated at such rates as is specified in sub-rule (1) and. as fHr as may be. In the manner prescribed in this rule.

12. Advances from the Funds: fl) The Secrelary mnv sanction the payment to any subscriber of an advance consis- ting of a sum of whole rupees and not exceeding in amount three months¹ pay or half the amount of subscriptions and interest thereon standing to the credit of the subscriber in the Fund, whichever is less, for one or more of the following purposes, namely :—r

(a) to pay expenses in connection with illness, confine- ment or a disability (including, where necessary, the travelling expenses) of the subscriber or any person actually dependent on him;

(b) to meet (he cost of higher education (including where necessary, the travelling expenses) of the subs- criber or any person actually dependent on him in the following cases, namely :—

(i) for education outside India for an academic, technical, professional or vocational courses be- yond the High School stage ;

(if), for any medical, engineering or other technical or specialised course in India beyond the High School stage :

Provided that the course of study is for a period riot less

1han three years;

(c) to pay obligatory expenses on a scale appropriate to the status which by customary usage the sub- scriber has to incur in connection with marriages, funerals or other ceremonies;

(d) to meet the cost of legal proceedings instituted by the subscriber for vindicating his position in regard to any allegations made against him in respect of any act done by him in the discharge of his offi- cial duty, the advance in this case being available in addition to any advance admissible for the same purpose from any other Board source :

Provided that the advance under this clause shall not be admissible to a subscriber who institutes legal proceedings in any court of law either in respect of any matter unconnec- ted with his official duty or against the Board in respect of any condition of service or penalty imposed on him;

(e) to meet the cost of his defence where the subscri- ber is prosecuted by the Board in any court of law where the subscriber engages a legal practitioner to defend himself in an inquiry in respect of any alleged official misconduct on his part.

(2) The Chairman may, in special circumstances, sanc- tion the payment to any subscriber of an advance if he is satisfied that the subscriber concerned re- quires the advance for reasons other than those mentioned In sub-nile (1),

(3) An advance shall not, except for special reasons to be recorded in writing be granted to any subscri- ber in excess of the limit laid down in sub-rule (1) or until repayment has been made of the last instalment of any previous advance together with Interest thereon :

Provided that an advance shall in no case exceed the amount of subscriptions and interest thereon standing to the credit of the subscriber in the Fund.

Explanation 1 : For the purpose of this rule, pay in-

cludes dearness pay, where admissible.

Explanation 2 : A subscriber shall be permitted to take an advance once in every six months under clause fb) of sub-rule (1).

13. Recovery of advances ; (1) (a) An advance shall be recovered from the subscriber in such number of equal monthly instalments as the Secretary may direct, but such number shall not be less than twelve, unless the subscriber so elects, and more than twenty-four;

(b) in special cases where the amount of advance ex- ceeds three months' pay of the subscriber under sub-rule (3) of rule 12, the Secretary may fix such number of instalments to be more than twenty- four but in no case the number of instalments shall be more than thirty-six,

(c) a subscriber may, at his option, make repayment in a lesser number of instalments than the number of Instalments prescribed by these rules.

Cd) Each instalment shall be a number of whole rupees,

the amount of the advances being raised or redw ced, If necessary to admit of the fixation of such instalments.

(2) (a) Recovery of advance shall be made in the mannc provided in rule 9 for the realisation of subscrip- tion and- shall commence with the issue of the pay for the month following the one in which the ad- vance was drawn.

fb) R:ecovery shall not be made, except with the subs- criber's consent while he is in receipt of subsls- tnncc grant or h on leave for a period of ten days

or more In a calendar month which period of leave cither does not carry any leave salary or carries leave salary equal to or less than half average pay, as the case may be.

(c) Recovery of advance may be postponed on the subscriber's written request by the Secretary during any period when the recovery of an advnnce of pav granted to the subscriber, is being made.

(3) (d) If more than one advance has been made to a subscriber from the Fund, each advance shall be treated separately for the purpose of recovery,

(4) (a) After the principal of the advance has been fully repaid, interest shall be paid thereon at the rate of one-fifth pcr cent of th" principal for each month or broken por- tion of n month during the period between the drawal and complete repayment of the principal.

(b) Interest shall ordinarily be recoverable in one instal- ment In the month after complete repayment of the principal, but, if the period referred to in clause (a) exceeds twenty months, interest may, if the subscriber so desires, be recovered in two monthly equal instalments and the method of recovery shall be that provided in sub-rule (2).

(5) If an advance has been granted to a subscriber and drawn by him and the advance is subsequently disallowed before repayment is completed, the whole or balance of the amount withdrawn, shall forthwith be repaid with interest at the rate specified in rule 11 by the subscriber, to the Fund nnd where the subscriber makes default in making the repayment the amount withdrawn and interest shall be or- dered by the Secretary to be recovered by deduction from the emoluments of the subscriber in a lump sum, or in monthly instalments not exceeding twleve us may be directed by the Secretary.

(6) The recoveries made under this rule shall be credited as they are made, to the account of the subscriber in the Fund.

(7) Notwithstanding anything contained in these rules, In the sanctioning authority Is satisfied that money drawn ns an advance from the Fund under rule 12 has been utilised for a purpose other than that for which sanction was given to the drawal of the money, the amount in auestion shall forthwith be repaid by the subscriber to the Fund, or in d&fault, be ordered to be recovered by deduction in one lump sum from the emoluments of the subscriber even if he be on leave ;

Provided that if the total amount to be repaid be more than half the subscriber's monthly emoluments, recoveries shall be made in monthly instalments of moieties of his emoluments til] the entire amount is repaid by the subscriber.

Explanation.—The term "emoluments" in this rule does not

include subsistence grant.

14 Withdrawal from the Fund.—Subject to the conditions specified herein, withdrawals may bo sanctioned by the Sec- retary, f,t any time after the completion of twenty years of service Including broken periods of service, if any of a subscriber or within ten years before the date of' his re- tirement on superannuation, whichever Is earlier from the ^ " / V f ^u b s! :r i p£⁰ nVnd ! n f e r e st t h c r e on standing to the credit of the subscriber In the. Fund, for one or more of h* following purposes, namely :_

(a) for meeting the cost of higher education (Inclndine ?fi? ? ^M r y: *-£ t r a v e l l i nS expenses) of any h,\h f *e.s u b s c n b" actually dependent on him In the following cases, namely :

(I) for education outside India for academic technical or specialised course beyond the HIph School (b) for meeting the expenditure in connection with the marriage of the subscriber's sons or dauehtero and any other female relation actually dependent on him;

(c) for meeting the expenses in connection with the illness (Including, where necessary, the travelling expenses) of the subscriber or any person actually dependent on him;

(d) for building or acquiring a suitable house for his residence including the cost of the site or repaying any outstanding amount on account of loan expressly taken for this purpose or reconstructing or making additions or alterations to a house already owned or acquired by a subscriber;

(e) for purchasing a house site or repaying any outrunn- ing amount on. account of loan expressly taken for this purpose;

(f) for constructing a house on a site purchased utiiislna

the sum withdrawn under clause (e);

(e) for acquiring a farm land or business premises nr both within six months before the date of the subscriber's retirement.

Explanation.—A subscriber who has availed himself of an advance under the scheme sponsored by the Central Govern- ment for grant of advances for house building purposes or has been allowed any assistance in this regard from any oth-r Government source shall be eligible for the grant of final withdrawal under clauses (d), (e) and (f) for the pur- poses specified therein and also for the purpose of repay- ment of any loan taken under the aforesaid scheme sub- ject to the limit specified in the provisos to sub-rule (I) of rule 15.

15. Condition for withdrawal.—(1) (a) Any sum with- drawn by a subscriber at any one time fqr one or more ot the purposes specified in rule 14 from th© amount stand- ing to his credit in the Fund shall not ordinarily exceed one half of the amount of subscription and interest thereon stand- ing to the credit, of the subscriber in the Fund or six months' pny, whichever is less.

(b) The Secretary may, however, sanction the withdrawal

of an amount In excels of this limit upto threefourths of the amount of subscriptions and interest thcreon standing to the credit of the subscriber in the Fund having due regard to

(i) the status of the subscriber;

(ii) the object for which the witdhdrawal is being made;

(ii>) the amount of subscriptions and interest thereon standing to the credit of the subscriber In the Fund :

Provided that In no case the maximum amount of with- drawal shall exceed Rs. 1,25,000 or 75 times the monthly nay, whichever Is less :

Provided further that in the case of a subscriber who has availed himself of an advance under the scheme sponsored by the Central Government for the grant of advances for housebuilding purpose, or has been allowed any assistance in this regard from any other Government source, the sum withdrawn under this Rub-rule together with the amount of advance taken under the aforesaid scheme or the awistance taken from any other Government source shall not exceed Rs, 1,25,000 or 75 times the monthly pay, whichever is less.

Explanation I.—A subscriber shall be permitted to take a withdrawal once in every six moifths under clause (a) of rule 14 and every such withdrawal shall be treated as a with- drawal for a separate purpose for the purposes of rule 14.

(2) A subscriber who has been permitted t⁰ withdraw money troya the Fund under rule 14 shall satisfy the Sec- retary within a reasonable period as may be specified by the Secretary that the money has been utilised for the purpose tor which it was withdrawn, and if he fails to do so, tbe whole of the sum so withdrawn, or so much thereof as has not been applied for the purposes for which it was withdrawn, shall forthwith be repaid by the subscriber in one lump sum together with interest thereon at the rate specified In rule 11 by tbe sijbicribcr to the Fund, and where the subscriber makes default in making the payment, the amount with- drawn and interest shall be ordered by the Secretary to be recovered by deduction from the emoluments of the subs- criber either in a lump sum, or in such monthly instalments as may be directed by the Secretary.

(3) (a) A subscriber who has been permitted under clause (d) or clause (e) or clause (f) of sub-rule (1) of rule 14 to withdraw money from the amount of subscription together with interest thereon standing to his credit in the Fund, shall not part with the possession of the house built or acquired or house-site purchased with the money so withdrawn, whether by' way of sale, mortgage (other than mortgage to the Secretary), gift, exchange or otherwise without the previous permission of the Secretary :

Provided that such permission shall not be necessary for—

(i) the house or house-site being leased for any term not

exceeding three years, or

(ii) its being mortgaged in favour of a Housing Board, nationalised bank or the Life Insurance Corpora- tion or any other Corporation owned or controlled by the Central Government which advances loans for., the construction of a new house or for making additions or alterations to an existing house.

(b) The subscriber shall submit a declaration not later than the 31st day of December of every year as to whether the house or the house-sito, as the case may be, continues to be In his possession or has been mortaged or otherwise transferred or let out as aforesaid and shall, if so required, produced before the Secretary on or before the dale specified by the Secretary In that behalf, the original sale, martgaee or lease deed and also the documents on which his tills to the property is based.

(c) If at any time before his retirement, the subscriber parte with the possession of the house or house-site without obtaining the previous permission of tbe Secretary, he shall forthwith repay the sum so withdrawn by him from the Fund in a lump sum to the Fund, and, in default of such re- payment, the Secretary shall, after .giving the subscriber a a reasonable opportunity of making a representation in the matter, cause the said sum to be recovered from the emolument* of the subscriber either in a lump sum or In such number of monthly instalments, as may be determined by the Secretary.

Explanation.—A subscriber who has taken loan from Government and in lieu thereof has mortgaged the house or house-"fte to the Government shall be required to furnish * declaration to the following effect, namely :—

"I

16. Conversion of an advance into withdrawal (1) A subscriber who has already drawn or may draw in future an advance "mder rule 12 for any of the purposes specified in clause* (a), (b) or (c) of sub-rule (1) of that rule, may convert by written request addressed to the Secretary, the balance outstanding against him in relation to that advance, into a final withdrawal if the purpose for which the advance was sanctioned fn a purpose for which the withdrawal can be made under rule 14 and the advance satisfies the other conrtitirmi scedfled In rules 14 and 15.

75OT/7S--1

(2) For the purposes of this rule In calculatina the amount that may be allowed to be withdrawn by a subscriber under sub-rule (1) of rule 15, the amount of subscription with interest thereon standing to the credit of the subscriber in the account at the time of conversion plus the outstanding amount of advance shall be taken as the balance of subscrip- tion and interest lying to his credit in his account and each withdrawal shall be treated as a separate one and the same principle shall apply in the event of more than one conversion.

17. Final withdrawals of accumulations in the Fund-—When a subscriber quits the service, the amount outstanding to his credit in the Fund shall, subject to any deduction under rule 20, become payable to him:

Provided that a subscriber, who has been dismissed from the service and is subsequently reinstated in the service shall, if required to do so by the Board repay any amount paid to him from the Fund in pursuance of this rule, with interest thereon at the rate specified in rule 11, in the man- ner provided in the proviso to rule 18. The amount so re- paid shall be credited to his account in the Fund, the part which represents his subscriptions and interest thereon, and the part which represents the Board's contribution with in- terest thereon being accounted for in the manner provided in rule 6.

Explanation 1.—A subscriber who Is granted refused leave shall be deemed to have quit the service from the date of compulsory retirement or on the expiry of an extension of service.

Explanation 2.—A subscriber other than the one who is appointed on contract or one who has retired from service and is subsequently re-employed, with or without a break in service, shall not be deemed to quit the service, when he is transferred without any break in service to a new post under a State Government or in another department of the Central Government (in which he is governed by another set of Providend Fund Rules) and without retaining any connection with Bis former post. In such a case, his subscription and the Board's contribution together with interest thereon shall not be transferred—

(a) to his account in the other Fund in accordance with the rules of the Fund, if the new post is in another department of the Central Government; or

(b) to a new account under the State Government con^ cerned if the new post is under a State Government and the State Government consents, by general or special order, to such transfer of bis subscriptions, the Board's contribution and interest.

Explanation 3.—Transfer should be held to include cases of resignations from service in order to take up appointment in another department of the Central Government or under the State Govenment without any break and with proper permis- sion of the Board. In cases, where there has been break In ser- vice, it shall be limited to the joining time allowed on trwfer to a different station. The same shall hold good in cases of retrenchments followed by immediate employment whether under the same or different Government.

Explanation 4.—(a) When a subscriber other than the one who is appointed on contract or one who has retired from service and is subsequently re-employed, Is transferred with- out any break, to the service under another body corporate, owned or controlled by Govenment or an autonomous or- ganisation, registered under the Societies Registration Act, 1860 (21 of 1860), the amount of subscriptions and the Board's contribution together with interest thereon shall not be paid to him but shall be transferred with the consent of that body, to his new Provident Fund Account under that body.

(b) Transfers shall include cases of resignation from service in order to take up appointment under another body corporate, owned or controlled by Government or an autonomous orpani'ntion. registered under the Soclefie* Registration Act. 1860 (21 of 1860), without any break and wMh nroper permission of the Board. The time faken to join the new post shall not be treated as a break In service

if it does not exceed the joining time admissible under Government rules on transfer from one post to another.

18. Retirement of subscriber.—When a subscriber—

(a) has proceeded on leave preparatory to retirement ;

or

(b) while on leave, has been permitted to retire or dec- lared by competent medical authority to be unfit for further service,

the amount of subscriptions and interest thereon standing to his credit in the Fund shall, upon application made by him in that behalf to the Secretary become payable to the subs- criber :

Provided that the subscriber, if he returns to duty, shall if required to do so by the Secretary repay to the Fund, for credit to his account, the whole or part of any amount paid to him from the Fund in pursuance of this rule, with interest thereon at the rate provided in ruFe 11 in cash or securities, or partly in cash and partly in securities, by instal- ments or otherwise by recovery from his emoluments or otherwise, as the Secretary may direct.

19. Procedure OQ death of subscriber.—Subject to any deduction under rule 20, on the death of a subscriber before the amount standing to hig credit has become payable or where the amount has become payable, before payment has been made.

(i) when the subscriber leaves a family,—-

(a) if a nomination made by the subscriber in accord- ance with the provisions of rule 5 in favour of a member or members of his family subsists, the amount standing to his 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 nomination ;

(b) if no such nomination in favour of a membor or members of the family of the subscriber subsists or if such nomination rei'atcs 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, notwith- standing 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- mem- bers of his family in equal shares :

Provided that no share shall be payable to—

(i) sons who have attained majority ;

(ii) sons of a deceased son who have attained majority;

(iii) married daughters whose husbands are alive ;

(iv) married daughters of a deceased son whose husband*

arc alive.

If there is any member of the family other than those spe-

cified in clauses (i), (ii), (iii) and (Iv):

Provided further that the widow or widows and the child or children of a deceased son shall receive between them in equal parts only the share which that son would have receiv- ed if he has survived the subscriber and had been exempted from the provisions of clause (i) of the first proviso.

Note : (i) Any sums payable under these rules to a member of the family of a subscriber vests in such member under sub-section (2) of section 3 of the Provident Funds Act, 1925 (19 of 1925).

(ii) When Ihe subscriber leaves no familyj if a nomi- nation made by him in accordance with the provi- sions of rule 5 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 nominee or nominees in the proportion specified in the nomi- • nation.

Explanation 1.—When a nominee is a dependent of the subscriber as defined in cause fc) of section 2 of the Pro- vident Funds Act. 1925 (19 of 1925), the amount vests in such nominee under sub-section (2) of section 3 of that Act,

Explanation 2.—When the subscriber leaves no family and no nomination made by him in accordance with the provi- sions of rule 5 subsists, or if such nomination relates only to part of the amount standing to his credit in the Fund, the relevant provisions of clause (b) and of sub-clause (ii^ of clause (c) of sub-section (1) of section 4 of the Provident Funds Act, 1925 (19 of 1925) are applicable to the whole amount or the part thereof to which the nomination does not relate.

20. Deductions.—Subject to the condition that no deduc- tion may be made which reduce the credit by more than the amount of any contribution by the Board with interest thereon credited under rules 1 and 11, before the amount standing to the credit of the subscriber in the Fund, is paid out of the Fund,—

(A) The Secretary may direct the deduction therefrom and

payment to the Roard of—

(i) all amounts representing such contribution and inte- rest, if the subscriber is dismissed from service due to misconduct, insolvency or inefficiency:

Provided that where the Secretary is satisfied that such deduction would cause exceptional hardship to the subscriber he may, by order, exempt from such deduction an amount not exceeding, two-third of the amount of such contribution and interest which would have been payable to the subscriber if he had retired on medical grounds :

Provided further that if any such order of dismissal is subsequently cancelled, the amount so deducted shall, on his reinstatement in the service be replaced to his credit in the Fund :—

(ii) all amounts representing such contribution and inte- rest if the subscriber within five years of the com- mencement of his service as such, resigns from the service or ceases to be an employee under the Board otherwise than by reason of death, superanuation, or a declaration by a competent medical authority that he is unfit for further service, or the abolition of the post or the reduction of establishment ;

(B) the Secretary may direct the deduction therefrom and payment to the Board of any amount due under a liability incurred by a subscriber to Board.

Explanation.—For the purpose of sub-clause (if) of clause

(A) of this rule—

(a) the period of five years shall be reckoned from tile commencement of the subscriber's continuous service under the Board.

(b) resignation from service in order to take up appoint- ment in another department of the Central Govern- ment or under the State Government or under a body corporate owned or controlled by Government or an autonomous organisation, registered under the Societies Registration Act, 1860 (21 of I860) with- out any break and with proper permission of the Board shall not be treated as resignation from ser- vice under the Board

21. Manner of payment or amount in the fund.—(1) When the amount standing to the credit of a subscriber in the Fund, or the balance thereof after any deduction under rule 20, becomes payable it shall be the duty of the Secretary, after satisfying himself, when no such deduction has been directed under that rule that no deduction is to be made to make payment on receipt of a written application in this behalf as provided in sub-rule (3).

(2) If the person to whom, under these rules, any amount is to be naid, is lunatic for whose estate a manager has been appointed in this behalf under the Indian Lunacy Act, 1912 (4 of 1912), the payment shall be made to such manager and not to the lunatic :

Provided that where no manager has been appointed and the person to whom" the sum' is paynbfc is certified by a Magistrate to be a lunatic, the payment shall, under the

orders of the Collector, be made in terms of sub-section (1) of section 95 of the Indian Lunacy Act, 1912 (4 of 1912), to the person having charge of such lunatic and the Secretary shall pay only the amount which he thinks fit to the person having charge of the lunatic and the surplus, if any, or such part thereof, as he thinks fit, shall be paid for the mainten- ance of such members to the lunatic's family as are dependent on him for maintenance.

(3) (a) Any person who desires to claim payment under this rule shall send a written application in that behalf to the Secretary ;

(b) payment of amounts withdrawn shall be made in

India only ;

(c) the persons to whom the amounts are payable shall make their own arrannements to receive payments in India.

Explanation.—When the amount standing to the credit of a subscriber has become payable under rules, 17, 18, or 19, the Secretary shall authorise prompt payment of that portion of the amount 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.

22. Number of Account to be quoted at the time of pay- ment of subscription.—When paying a subscription cither by deduction from emoluments or in cash, a subscriber shalT quote the number of his account in the Fund, which shall be communicated to him by the Secretary and any change in the number shall smiiflrly be communicated to the subscriber by the Secretary.

23. Annual statement of Account to be supplied to the subscriber.—(1) (a) As soon as possible after the 31st March of each year, the Chief Accounts Officer shall sent! to each subscriber a statement of hi* account in the Fund showing the opening balance as on 1st April of the year, the total amount credited or debited during the year, the total amount of interest credited HS on the 31st March of the year and the closing balance on that date.

(b) the Chief Accounts Officer shall attach to the state-

ment of account on enquiry whether the subscriber ;—

(i) desiree to make any alteration in any nomination

made under rule 5 ;

(ii) has acquired a family in a case where the subscriber has made no nomination in favour of a member of his family under the first proviso to sub-rule (1) of rule 5.

(2) A subscriber shall satisfy himself us to the correctness of the annual statement and errors shall be brought to the notice of the Chief Accounts Officer within three months from the date of receipt of the statement.

(3) The Chief Accounts Officer shall, if required by a subscriber, once but not more than once in a year, inform the subscriber of the total amount standing to his credit in the Fund at the end of the last month for which his account has been written up.

24. Application to be addressed to the Secretary,—All appli- cations under these rules shall be addressed to the Secretary.

25. Relaxation of the provisions of 'the rules in individual cases.—When the Board is satisfied that the operation of any of these rules causes or is likely to cause undue hardship to a subscriber, the Board may, notwithstanding anything con- tained in these rules, deal with the case of such subscriber in such manner as may appear to Board to be just and equit- able.

26. Interpretation.—If any question arises relating to the interpretation of these rules, it shall be referred to the Central Government for its decision, who shall decide the same.

FIRST SCHEDULE

[See rule 5(3)]

FORMS OF NOMINATION

I. When the subscriber has a family and wishes to nominate 6ne member thereof.

I hereby nominate the person mentioned below, who is a member of my family as defined in rule 2 of the Oil Inlu3try D^valoprn^nt Board (Employees, Contributory Provident Fund) Rules, 1978, 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 beon paid :—

Age Contingencies on the

Name and address of nominee Relationship

with subscriber

Dated the day of 197 at

Two witnesses to signature.

1. 2.

happening of which the nomination shall become invalido

Name, address and relationship of the person/persons if any, to whom the right of the nomi- nee shall pass in the event of his predeceasing the subscriber

Signature of subscriber

II. When the subscriber has a family and wishes 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 Oil Industry Davelopmsnt Board (Employees, Contributory Provident Fund) Rules, 1978 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 boon paid and direct that the said amount shall be distributed among tho said persons in the manner shown below against their names :—

Name and address of nominee

Age Amount of share of accumulations to be paid to each

Relationship with sub" flcribor

Name, address and relationship of the person/persons, if any, to whom the right of the nominee shall pass in the event of his

Contingencies on tho happening of which the nomination shall become Invalid

predeceasing the subscriber

Dated this day of 197 at

Signature of subscriber Two witnesses to signature

1. 2.

HI. When the subscriber has no family and wishes to nominate one person.

I, having no family as defined in rule 2 of the OH Industry Development Board (Employees' Contributory Provident Fund) Rules, 1978 hereby nominate the person mentioned below to receive the amount that may stand to my credit in tho Fund in tho event of my death before that amount has bocome payable or having become payable has not been paid :—

Name and address of nominee Relationship

with subscriber

Ago Contingencies on tho happening of which the nomination shall become invalid

Name, address and relationship of the person/persons, if any. to whom the right of the no- minee shall pass in the event of his predeceasing the subscriber.

Dated this day of 197 at

Signature of subscriber Two witnesses to signature.

1. 2.

IV. When the subscriber has no family and wishes to niminate more than ono person.

I, having no family as defined in rule 2 of the Oil Industry Development Board (Employees' Contributory Provident Fund) Rules, 1978, hereby nominate the persons mentioned below to receive the amount that 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, 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

Amount of share of

accumulations to be

Relationship Age with subscriber

paid to each

Contingencies on the happening of which the nomination shall become invalid

Name, address and relationship of the person/persons, if any, to whom the right of the nominee shall pass in tho ovent of his pre- deceasing the subscriber

Dated this day of 197 at

Signature of subscriber Two witnesses to signature

1. 2.

[FileNo7(13)/78-PED] S L KHOSLA, Jt, Secy. Financial Advisor

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AND PUHJJSHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054, 1 9 78