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REGISTERED No. D.(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

NO. 79] NEW DELHI. MONDAY. MARCH 31, 1980/CHAITRA 11, 1902

Separate paging is given to this Part in order that it may be filed as

a separate compilation

MINISTRY OF SHIPPING AND TRANSPORT

(Port Wing)

NOTIFICATION

New Delhi, the 31st March, 1980

G SR 166(E).—In exercise of the powers conferred by Section 126, read with sub-section (2) of section 17 .and sec- tion 123 of the Major Port Trusts Act, 1963 (38 of 1963}, the Central Government hereby makes the first regulations, namely:—

1 Short title and commencement.—(1) These regulations may be called the New Mangalore Port Trust (Procedure at Committee Meetings) Regulations, 1980.

(2) They shall come into force on the first day of April,

1980.

2. Definitions.—(1) In these regulations, unless the contest

otherwise requires,—

(a) " \ c t" means the Major Port Trusts Act, 1963 (38 of

1963);

(b) "Committee" means a Committee constituted under

sub-section (1) of section 17 of the Act.

3. Meetings of a Committee.—The meeting of a Committee shall be held in the premises of the Port of New Mangalorc, Panambur, during office hours, on such dates as may from time to time be determined by the President of a Committee,

4. Circulation of Agenda Papers.—The papers connected with the agenda for any meeting of a Committee, other than a special meeting thereof, shall be circulated to the members at least three days before the date of the meeting, and in the case of a special meeting such papers shall be circulated at least one day before the date of the meeting.

1357 GI/79

5. Quorum for transaction of business by a Committee.— To constitute meeting of a Committee the quorum shall be two-third of the total number of members of the Committee.

6. President of a Committee.—The President of a Com- mittee shall be a member of the Committee appointed as such by the Board.

7. Presiding at meetings.—The President of the Committee shall preside over the meetings of the Committee and in his absence the members present may choose one from among themselves to preside at such meetings.

8. Discussion on items not included in the agenda.—The person presiding at a meeting of a Committee may, at his discretion, include for discussion at the meeting (including a special meeting) any item not already included in the agenda, if, in his opinion, it is of such importance and urgency that it cannot be withheld for consideration at any subsequent meeting of the Committee.

9. Decisions at a meeting of a Committee meeting.—All decisions at a meeting of a Committee shall bo taken by a majority of the votes of the members present and voting and ; in case of an equal number of votes for and against the proposal voted upon, the person presiding at the meeting shall have a second or casting vote.

10. Poll.—-If a poll is demanded by any member of a Committee, the names of the members voting and the nature of their votes shall be recorded by the person presiding at the meeting.

11. Minutes of the proceedings of a meeting.—(1) The minutes of each meeting of a Committee shall be recorded and shall be signed as soon as may be, af:er the close of the meeting, by the person presiding at the meeting.

(2) The names of the members present at each such

meeting shall be recorded in the minutes.

(365)

3$

(31 The minutes of every su<-h meeting shflll be plated

before the Board at its nexl meeting.

12. Adjournment of meeting.—The person presiding M a meeting of a Committee may, with the consent of the rnt"H- bers present in the meeting, adjourn it tu a l:iU"r dale, wluch date shall cither be announced at the meeting, in which case intimation shall be sent to the members ab-ent ;

13, Calling of special meetings.—Tho Chairman of the Board may. on his own motion and i'hnll, upon n written request made by not less than two members of a Committee, call a special meeting of a Committee.

[F. No. PW-FGT--8/80]

G.S.R. J67(E)—In exercise of- the powers conferred by section 126, read with sectidW 28, of the Major Port Trusts Act, 1963 (38 of 19631, the - Ceatral Government hereby makes the following regulations, namely :—•

1. Short title and commencement.—(I.) These regulations may be called the New ManRnlore Port Tnurf Fmployees (Contributory Provident Fund) Retrulatioiw, 1980.

(21 They shall come into force on the 1st day of April,

1980.

2. Definitions.—In these regulations, unless the conttxr

•therwise requires,—

(a) "Accounts Officer" means the Financial Adviser and

Chief Account? Officer of the Board ;

(b) "Board", "Chairman" and "Deputy Chairman" shall have the meanings rissiened to them in the Major Port Tnris Act, 1963 f38 of 1963);

(c) "employee" mean" an employee of the Board;

(di "Pay" means pay ns defined in the Fundamental Rules or the Regulations, jf any, framed by the Board, whichever may be jtppllcable to the employee ;

(e) (i) "emoluments" means pay, leave salary, subsis- tence grant as defined in the Fundamental Rules or the regulations, if any, framed by the Board, and include De.irness Pay, Drarness Allowance, Additional Dearne's Allowance, Special Denrnefl1* Allowance, City Compensatory Allowance and Interim Relief;

(ii) "emolument?" shall exclude, all types of remunera- tion other than those mentioned above, i.e. House Rent Allowance, Overtime Allowance and any other payment which is in the nature of compensn- tion for overtime work, night wcightape, allowance granted for intermittent type of work, extra re- muneration in addition to normal wages for work done on Sundays, holidays and off dnyi, feesi for •upervislon of floating craft, honorarium, conve- yance allowance, cement testing allowance, divine allowance, ration allowance and any payment which is In the nature of incentive bonus not connected with the output of work, family allowance, children's educational allowance, voyage allowance, etc.;

{iii) "emoluments" in respect of employees coming under the Piece Rate Scheme shall Include their actual earninps Including piece rate earnings, incentive earnings/premium payments. rnyments, if HTW, under tho Payrnent by Results Scheme, idle time wa

(a) the entire element of house rent allowance inclu-

ded in tho piece rate earnings ; and

fb) other allowances referred to in (iii above.

(iv) "emoluments" in respect of employees coming under the Payment by Resulfi Schemes "shall include their actual earning including incentive carrjinfK /pre- mium payments and any other payment under the Payment by Results Scheme as may be fixed by the Board from time to time I nit shall exclude—

i;0 Hie entire fiemcrrt of house renl allowance incliulcu

in the piece rate earnings ; nnd

(b) other allowances referred to in (ID above ;

The term piece rato earnings /incentive earnings etc. wherever they appear in this regulation would be applicable/operative when the Port nncl Dock Regulations come into force in the Port.

(f) "family" means,—

(i) in the case of male subscriber, tho wife or wives and children of the subscriber, and the widow or widows and children of a deceased son of tho subscriber:

Piovidcd thut if a subscriber proves that his wife has been judicially reparatcd from him or has ceased under tho Customary law of. the Com- munity to which she belongs to be er.t'tled to maintenance, she .'hall henceforth be deemed to be no longer a member of tho subscriber^ ' family in matters to which these regulations relate, unVss 'he subscriber subsequently intim.iti"' in writinc; to 1he Accounts Officer that she shall continue to be so regarded ;

(ii) in the Lflie ;-f female ;ub'^-iiber, (he huiband and children of the subscriber and tho widow or widows ant", children °f a deceased •• n on the subscriber:

Provided ih-it if K Eiihsi rilvr bv notice in writinj to the Accounts Officer expresses her desire to rTdudc her husband from her family, the husband shall henceforth be deemed to be no longer n member of tho subscriber's family in matters to which these regulations relate, unlesi the subscriber subsequently cancels such notic* in writing;

Note.—"Child" means a legitimate child and includes an adopted child, where adoption i" recognised by the personal law governing the subscriber.

(f) "Fund" means the New Mangalore Port Trust

Employees Contributory Provident Fund ;

(h) "leave" means any kind of leave granted under

regulation* framed by the Board;

(i) "service" means continuous service during which a subscriber holds n lien or suspended lien on a permanent post paid from the Board's revenues, but includes the following periods, namely:—

(a) officiating or temporary service if followed with-

out break by permanent service ; and

(b) which the Board may by general or special ordir,

permit to b" counted as service.

(j) "year" means a financial year.

3. Constitution and Managqmcnt of the Fund.^-Tho Fund

shall be administered by the Board.

4. Application.—(1) These regulations shall apply to—

(a) every non-penslonnblc employee of the. Board who w;is a subscriber to the contributory provident fund which was administered by the Board prior to the commencement of these regulations; and

(b) an employee who has come on transfer from the Central or State Government or a body corporate owned or controlled by the Government and who wn.s a subscriber to the conlributory provident fund of that Government or body. In his case the balance to his credit in 'he fund of the Government or the bodv corporate from which he has come on transfer, shall be transferred and credited to his account in the Fund with the sanction of the Chairman or the Head of a Department.

(21 The Board may at its discretion allow any other

employees to subscribe to the fund,

5. Nominations.—(lj A subscriber shall at the time of joining ihe Fund send to the Accciuts Oniccr a nornnatun c(--^errit:g 0:1 one or more persons ib; light to recede \hj atnou'H that 'nay stand io his cre^u in the fund in the event of his d c th before that amount has become puyabie ur having become payable hvs not been paid :

Provided thai if at tiie time cf rauki.-g the nomination the subscriber has a family the 'icminlnion shall not be in favour of aoy peison or person-: other than the members of his family :

Provided further that the nomination made by the subs- criber in respect of any other provident fund to which he was subscribing before joining the Fund, shall, if the amount t-> his credit i.i such other fund hits been transferred to his credit iu this fund, he deemed to bo a nomination duly made under th>e regulations unl'l he rriukea nomination in accordance with these regulations.

(2) If a subscriber nominates more than one person under sub-retaliation (1), he sha"! specify in the nomination the amount or share payable to each of the nomiiies in such manner as to cover the whoi- of the amount that may stand tc Hi credit in the Fr.nd ;,t any time.

(3) Lvery nomination shall b; iu one or the Foims appended to these regulations as is appropiiate in the cir- cumstances.

C-j 1 \ '.ub'.-.;.ibe:- ro.1, , I rxy li'ne '.rin^e! a norniiuitk.n by sending a notice in writing to the Accounts Officer. The '^iNcnber yV'Vi ;.'o'\jv'i1h such ivi..;'.,? or s'*r :rr.t";iy se'id a .resli rtcn\-a do a r/iajj n accoi .;•'. xe with th" provisions of thij re^ukubn.

(5) A subscriber nicy p.ovide In a prora.nu'Jon,—

6. Sjb-.c.ibei's accounts.—An account shall be opened in

the nan'c oi each sub-briber, in which shall be shown—

(!) :iii subscription ;

( i) contribution muds under regulation 11 by the

Board to his account;

(ui) Any special contribution to provident fund by the Board under ;ny of its regulations, or under any other orders on (he subject;

(i\) Inteiest, as provided by regulation 12, on subscrip-

tions ;

(v) Interest, as provided by regulation 12, on contribu-

tion ; and

(vi) Advances and withdrawals fiom the fund.

7. Conditions and Rates of subscription.—(1) Every subscriber shall subscribe monthly to the Fund when on duty 01 foreign sers'ce but not during a period of suspen- sion :

Fiovidcd that a subscriber on reinstatement after a pei.od pawed under suspension shall be allowed to option .if paying In one lump, or in instalments, any sum not exceeding the maximum amount of arrears of subscriptions permissible for that period.

(2) A subscriber may, at his option, not subscribe during itiivi- win,'1, either do;j not cany any leave salary or curies leave '.-Jary equal to or less than half pay cr half avvMge pi.y. Ho can subscribe while on refused leave at his ..ption.

1,3) Ihe siib^-Ji'LKr shall iruima'le in writing to tha A-.'iiunls OiVt'.vr i.'n e.ccti-jn t"ot to sabscribe during leave • ••uned to in iiib-retuihition (2) above in the following manner, namely :—

(a) if he :s Pn officer who draws his own pay bills, by making no deduction on account of subscription in his first pay bill drawn after proceeding on leave ;

(b) if he is r.JL MI officer who draws his own pay

368 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I I — S E C. J ( i )]

elected to subscribe during such leave, his emolu- ments shall be the emoluments to which he would have been entitled had he been on duty in India ;

(iii) If the subscriber joined the Fund for the first'

time on a day subsequent to the sakl dale, hiu emoluments shall be the emoluments to which he was entitled on such subsequent date.

(b) in the case of a subscriber who was not in the Board's service on the 31st March of the preceding year, the emoluments to which he WHS entitled on the first day of his service or, if he joined tho 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 ate of a fluctuating nature, they shall be calculated in such manner as the Board may direct.

0) The subscriber shall intimate the fixation of the amount of his monthly subscription in each year in the following manner, namely :—

(a) if he was on duty on the 31st March of the preceding year, by the deduction which he makes in this behalf from his pay bill for that month ;

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

(c) if he has entered the Board's service for tho first time during the year, or joins the fund for the first time, by the deduction which he makes in this behalf from his pay bill for tho month during which he joins the fund ;

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

(e) if he was on foreign service on the 31st March of the preceding year, by the amount credited by him into the Accounts Department on account of subscription for the month of April in the current year.

(f) if his emoluments are of the nature referred to in the proviso to sub-regulation (2), in such manner as the Board may direct.

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

(a) reduced once at any time during the course of the

year;

(b) enhanced twice during the course of the year; or

(c) reduced and enhanced as aforesaid :

Provided that when the amount of subscription is so reduced, it shall be not less than the minimum prescribed In" sub-regardatfon (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, other than thctsc referred to above.

9. Transfer to foreign service or deputation out of India,— When a subscriber is transferred to freign sei-vice or sent on deputation out of India, he shall remain subject to the regulations of the Fund in the same manner as if he were not so transferred or sent on deputation,

10. Realisation of subscriptions.—(1) When emoluments are drawn in India, recoveiy of subscription on account of these emoluments and of the advances shall be made from the emoluments themselves.

(2) When emoluments are druwn from any other source, the subscriber shall forward his duos monthly to tho Accounts Officer :

Provided that in the case of subscribers on deputation to a State Government or the Ccntr.il Government Or a body corporate owned or controlled by Government, the subscrip- tfons shall be recovered and forwarded to the Accounts Officer by such body.

(3) When a subscriber fails to subscribe during any month or months during the course of a year, the total amount due to be paid by the subscriber to the fund, or in default is to be recovered by deduction from the emoluments of the subscriber by instalments or otherwise as may be directed by the authority competent to sanction an advance for the giant of which special reasons are required under sub-regulation (2) of regulation 13.

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

Provided that if a subscriber quits the service or dies during a year, contribution shall be credited U> his account for the period between the close of the preceding year and tho date of the casualty :

Provided further that no contribution shall be payable in respect of any period foi which the subscribed is per- mitted under the regulations not to. or does not, subscribe to the Fund.

12) The contribution shall be at 8-1/3 per cent of tho subscriber'? emolument drawn on duty during the year or period, as the case may be, or at such rate as may be prescribed by the Hoard by general or special order from timo to time, with tlK approval of the Government:

Provided that if through oversight or otherwise the amount subscribed under sub-regulation (1) of regulation 8 and if the shart subscription together with the interest accrued thereon is not paid by the subscriber within such time An may be specified by the authority competent to sanction sn advance for the grant of which special reasons are requited under sub-regulation (2) of regulation 13, the contribution payable by the Board stud I be equal to the amount actually paid by the subscriber or the amount normally payable by the Board, whichever IN less, unless the Board in any particular case otherwise directs,

(3) If a subscriber Is on deputation out of Tndia, the emoluments which he would have drawn had he been on duty in India, shall, for the purpose of this regulation, be deemed to be emoluments drawn on duty.

(4) Should a subscriber elect to subscribe during leave, his leave salary shall, for the purpose of this regulation, be deemed to be emoluments drawn on duty,

(5) Should a subscriber elect 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 regula- tion, be deemed to be emoluments drawn on duty.

(6) The amount of any contribution payable in respect of n period of foreign service shall, unless it is recovered from the foreign employer, be recovered by the Board from the subscriber.

(7) The amount of contribution payable shall be rounded oj to the nearest whole rupee (fifty paise counting a5 the next higher rupee).

12. Interest.—fl) The Board shall pay to the credit of the account of a subscriber interest at such rat* as may be dctcimined for each year by the Board, which may not exceed the rate of interest prescribed by the Central Gov- ernment^ from time (o lime, for the payment of Interest on subscriptions to the General Provident Fund or Contributory Provident Fund of the Central Government employees.

(211 Interest shall be credited with effect from the 31st

March of each year in the following manner, namely :—

Ci) on the amount t0 the credit of a subscriber on tho 31st March of the preceding year, leas any sums

withdrawn during the current year, interest for twelve months ;

(ii) on sums withdrawn during the cm rent year, interest from the Ut April of the current year upto tho lust day of the month preceding the month of withdrawal ;

(iii) on all sums credited to the subscriber's account after the 31st March of the preceding year, interest Irom the date oE deposit upto the 31st March <.f the current year ;

liv) the total amount of interest shall be IOIUHI.. ! of to the nearest rupee in LTIC manner provided in sub-regulation (7) of regulation 1! :

Provided that when Ihc amount standing to the ciedit of a subscriber has become payable, interest shall thereupon be credited under this aub-reeu'Jti-.'n in respect only of the period from the beginning uf the current year or from the date of deposit, as the case may be, upto Ihe date on which the amount standing to th_- credit of the subscriber became pavable.

(3) For the purpose of this regulation, the date of deposit shall, in the case of recoveries from emoluments, be deemed (o hi the first day of the month in which they are recovered and, in the case of amounts forwarded by the subscriber, be deemed to be the fir"t dr.y of the month of receipt, if ilicy are received by the Accounts Officer before the fiflli day of that months or, if they are received on or after the fifth day of that mouth, the first day of the next succeeding month :

Provided that where there- has been a delay in the drawat of pay or leave salaiy and allowances of! a subscriber and consequently in the recovery of his .subscription towards the Fund, the interest on such subscriptions shall be payable from the month in which the pay or leave salaiy of the subscriber was due under the rules, irrespective of the. month in which it was actually drawn :

Provided further that in the case of an amount forwarded in accordance with the proviso to sub-regulation (2) ot regulation 10, the date of deposit shall be deemed to be the first dav of the month if it is received by the Accounts Officer before the fifteen day of that month :

Provided also that where the emoluments for a month are drawn and disbursed on the last working day of tho same month, the date of deposit shall, m the ca.se of recovery of his subscriptions, be deemed to be the first day of tho succeeding month.

(4) In addition to any amount to be pnid under regulation 24, interest Ihereon up'lo the end of the month proceeding that in which payment is made or tiplo 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 He paid :

Provided that no interest shall be paiid in respect of any period after tile date which the Accounts Officer has inti- mated to that person (or his agent) PS the date on which he is prepared to make payment in CP'JI, or if he pays by cheque, after the dale on which (he crrajuc in that pcrson'y favour is put in the post :

Provided further that where a ••nb.v:riber on deputation to a body corporate owned or controlled bv the Government is subsequently absorbed in such b™!y corporate with effect from u retrospective date, ior Ihc pr:iose of calculating the interest due on the FUITI accunHi'Lunns of the subscriber, the date of issue rT (h:: orders regarding absorption shall be deemed to b^ the date c:i which the r.mount to t^e ciedit of the subscriber became Payable, subject, however, to the con- dition that the- amount recovers! ;:'. subscription during the period commencing from the d;>te of absorption mid ending with the date of issue of onlcis cit absorption shall be deem- ed to be subscription to the fund oniv for tht: purpose of awarding interest under this sub-regulation.

(5) Interest shall "ot be credit;d to the accuunt of a subscriber if he informs the Accounts Officer that he does not wish to receive it, but if lie subsequently isks for inte- rest, it shall he cnHited witii effect frcm the 1st April of the year in which he asks for it.

369

(61 The intercut on amounts which, under Kgulallcn 20 or regulation 21, are replaced ,o the credit of tni. subscriber in the Fund shall be calculated at yich late as muy be suc- cessively pi .'Xiib.-d under sub-regulation (1) of this regula- tion and so far as may be in the manner described in this regulation.

Note —Pavm.nt of interest on the fund balance beyond a period of six months upto a period of one year may be authorised by the Accounts Officer after he has r-,.isonally satisfied himself that the delay in payment was occasioned by circumstances beyond the cntrol of the subscriber and in every such case the administrative deliy involved in the mat- ter shall be fully investigated and action, if any re- quircJ, taken.

13. Advance from the Funds :

(1) The appropriate sanctioning authority may sanction tho payment to any subscriber of an advance consisting of a sum of whole rupees and not exceeding in amount three months' pay or half the amount of subscriptions and inte- rest thereon standing to Ihe ciedit of the subscriber in the Fund, whichever is less, for oiii: or more of the following purposes, namely :—

(a) to pay expenses in connection with the illness or confinement or a disability including where neces- sary the travelling expenses of the subscriber and members of his family or any person actually depen- dent on him ;

(b) to meet the cost of higher i-ducution including where necessary the travelling expenses of the subscriber nnd members of his family or any person actually dependent on him, in the following cases, namely:—

(i) for education outside India for an academic, technical, professional or vocational course beyond the High Schuol, stage- ; and

(ii) for any medical, engineering1 or other technical or specialised cour-se in :iuiia, beyond the High School stage, provided that the course of study is for not less than three years.

(c) to pay obligatory expenses on a scale appropriate to the subscriber's status which by customary usage the subscriber has to incur in connection with betro- thals or marriage;), funerals or other ceremonies of himself or of his children or of any other per- son actually dependent sm him :

Provided that the condition of actual dependence shall not

apply in the case of a son or daughter of the subscriber :

Provided further that the condition of actual dependence shall not appiy in the case of an advance required to meet the funeral expenses of the parent of a subscriber.

(d) to meet the cost of legal proceedings instituted by the subscriber for vindicting his position in regard to an allegation made against him in respect of any act done or purpoting to be done by him in the discharge of his official duly, the advance in this case being uvailable in addition to any advance ad- missible for the same purpose from any other source :

Provided that the advance under this sub-clause shall not be admissible to a subscriber who institutes legal proceedings in any Court or Law for any alleged official misconduct or whcre_ the subscriber engages a legal practitioner tcr defend himiclf in a departmental enquiry ;

(c) to meet the cost of plot or construction of a house or flat for his residence or to make anv payment towards allotment of a plot or flat by a State Hous- ing Board or a House Building Co-operative So- ciety.

_ (2) The Chairman may, in special circumstances or in cases of acute distress snnction the payment to any sub- scriber of an advance for reasons other than those men- tioned in sub-regulation (1).

370 THE GAZKTfE OF INDTA : EXTRAORDINARY [PART I I— S E C. 3d)]

(3) An advance shall not, except for special reasons io he recorded in writing, be granted to any subscriber in ex- cess of the limit laid down in sub-jegulation (I) or until re payment of the la"l instalment of any previous advance :

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

Note.—(1) For the purpose ot this regulation, pay in-

cludes dearncss pay, where admissible.

(2) A subscriber shall be permitted to talw an advance once in every six months under item (b) of sub-re- gulation (1) or regulation 13.

(3) After sanctioning the advance the amount shall be drawn on an authorisation from the Accounts Offi- cer in cases where the application for final payment had been forwarded to the Accounts Officer nndci clause (ii) of sub-regulation (3) if regulation 24.

f4) When an advance is sanctioned under suh-rcgulution (3) before repayment of last instalment of any pievious ad- vance is completed, the balance of any previous advance not recovered shall be added to the advance so sanctioned and the instalments for recovery shall be fixed with reference to the consolidated amount.

14. Recovery of advance! :

(1) An advance shall be recovered fiom (he subscriber in such number of equal monthly instalments as the sanctioning authority may direct, but such number shall not be less than twelve unless the subscriber so eVcts and more than twenty four. Tn special cases where the amount of advance exceeds three months' pay of the subsciiber under sub-regulation (3) of regulation 13, lh.; tonctioning authority may fix such num- ber of instalments to be more than twenty-four but in no case more than thirty-six, A subscribe! may af his option make repayment in a smaller number of instalments than (hat prescribed, Each instalment shall be a number of whole lupecs, the amount of the adv.inc-ss being raised or reduced, if necessary, to admit of the fixation of such instalments.

(2) Recovery shall be made in >he manner prescribed in regulation 10 for the realisation of subscriptions, and shall commence with the issue of pay for the month following 1he one in which, the advance was drawn.

Recovery shall not be made, except with tha subscriber"! consent, while he is in receipt of subsistence grant or is on leave for 10 days or more in a c ile-ndar month which either does not cany any leave salary or conies leave salary equal to or less than half pay or half average pay as tile case may be. Tho recovery may be postponed on the subscriber's writ- ten lequest, by the sanctioning authority during tlie recovery of an advance of pay granted to ;l)e subscriber.

(3) 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 buJance of tho amount withdrawn shall forthwith be repaid by the subscri- ber to the Fund, or in default bi; ordered by the Accounts Officer to be recovered by deduction lrom the emoluments of the subscriber in a lump sum or iii monlhly instalments not exceeding twelve as may be directed by the authority com- peient to sanction an advance for the grant of which, spe- cial reasons are required under uub-rcgulaiion (3) of regu- lation 13.

(4) Recoveries iiiuilc LiiiJjr this regulation shall be cre- dited, as they arc made, to (he account of the subscriber in tho fund.

15. Wrongful use of advance :

Notwithstanding anything contained in the-=e regulation, if tho sanctioning auttioriy is satisfied that money drawn u> an advance from the fund undo" icyiilation 13 has been uti- lised for a purpose ether than lhat for \.hich sanction was given to the drawal of the money, the amount in question shall forthwith be repaid by the subscriber to the fund, o; in default, bo ordered to be recovered by deduction in one lump sum from the emoluments of the subscriber even if he be on leave. If the total amount to be repaid be more than half the subscriber's emolument, recoveries shall be mdflC in monhly instalments of moieties of his emoluments till the entire amount is repaid by him.

Note.—The term 'emolumints' in this rcguhtion doci

not include subsistence grant.

16. Withdrawal from the Fund :

d) Sublet to the condition, specified hciem, withdrawals may be sanctioned by the authorities competent to sanction an advance for special reasons undir sub-iegulation (3) of regulation 13, at 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 retirement on superannuation, whichever i_s earlier, from the amount of subscriptions and interest thereon standing to the credit of the subscriber in the Fund, for on; or more of the following purposes, namely :—

(a) Meeting the cost of higher education, including where necessary, the travelling expenses of the suhs- criber or any child of ih" subscriber in the follow- ing cases, namely :—

(i) for education outsiJe India for academic, techni- cal, professional or vocational course beyond th# High School stage ; and

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

(b) Meeting the expenditure in connection with ilie betrothal/marriage of the subscriber Or his sons or daughters, and nnv oilier fema'e relation actually dependent on him.

(c) Meeting the expenses in connection with the illness including where necessary the travelling expensci of the subscriber and in^mbirs of his family or any person actually dependent on him.

(2) After completion of fifteen years of service (Includ- ing broken periods of service, if any) of a subscriber or within ten years before the date of his retirement on super- annuation, whichever is curlier, from the amount standing to his creclit in '(he fund, for one or jnore of the following reasons, namely :—

(a) Building or acquiring a suitable house or ready-built flat for his residence including the cost of the site,

(b) Repaying an constanding amount on account of loan expressly taken for building or acquiring n suitable house or ready built flat for his residence.

(c) Purchasing a house site for building a house there- on for his residence or repaying any outstnnding amount on account of loan expressly taken for thin purpose.

(d) Re-constructing or making additions or alterations to a house already owned or acquired by a subs- criber.

(e) Renovating, or making additions or alterations to or for upkeep of an ancestral house at a place other than the place of duty or to a house built with the assistance of loan from Govciiimtnt at a plnce other than the place of duty.

(fl Constructing a house on a site purchased under

clause (c).

(g) Acquiring a farm land or business premises or both within sk months before the date of the subscriber's retirement.

Note .— (1) A subscriber who has hvailed himself "f an advance under the scheme of the Hoard of Slttt Government for the prant of advance for home building purpose, or has been allowed any assistance

in this regard from any other Government source, sh.ill be eligible for 1ho grant of final withdrawal umkT oinii-M (a), (c), (ell and (f) of sub-regula- tion (2) for the purposes specified therein and also for the purpns™ of repayment of any lo;ui taken iniJi1-! the aforesaid scheme subject to the limit speci- fied in the proviso to snb-rcfiiilation (1) of regula- tion 17.

If a subscriber has an ancestral house or built a house at a. place oiher than the place of liii duty with the assistance of loan taken from the Board or Gov- ernment he shall be eligible for the grant of a final withdrawal under clauses fa), (c) and (f) of sub- regulation (2) for purchase of a house site for construction of another house- 01 for acquiring a ready-built flat at the plate of his duty,

(2) Withdrawal unrVr clauses fa), (d), (e) or ff) of sub-regulation (?.) ^hill bs sanctioned only after tV subscriber hm submitted a plan of the house lo be corsair.ic'e I o|- of the additions or alterations to he marie, duly npproved by the local Municipal bedy of the area where the site of bouse is situated ami only in case; where the plan is actually got to be approved.

(3) The amount of withdrawal sanctioned under clause (K) of sub-ie.culntion (2) shall not exceed 3/4th of ths balance on date of application together with the amount of previous withdrawal under clause (a) of sub-regulation (2), reduced by the amount of previous withdrawal. The formula to be followed is 3 /4th of fbalance as on date plus amount of pre- vious vilhdrawnlfs) for the house in question) minus the pmotint nf the previous withdrawal(s).

(4) W^hdmwnl under clauses fa) or (d) of sub-regu- lation (1) shrill also be allowed where the house site or house in in the name of wifc/iiusband, pro- vided she/he is the first nominee to receive Pro- vident Fund money in the nomination made by the subscriber.

(5) Only one withdrawal shall be allowed for the same purpose under regulation 16. But rnnrriage[educ"- tion of different children or illness on different occasion? shall not be treated as the same purpose Second or subsequent withdrawal under clauses fa) or Cf) of sub-regulation f2) for completion of the same house :;hall be allowed up to the limit laid down under Note (3).

(6) A withdrawal under regulation 16 shall not bo sanctioned if an advance under regulation 13 is be- ing sanctioned for the same purpose nnd at the same time.

f3) After completion of 28 years 'if service of a subscri- ber or within 3 years before the date of retirement on super- annuation, from the amount standing tu his credit in tho fund for purchasing a motor car or for repaying a loan already taken from the Board for the purpose, subject to the following conditions, namely :—

fi) the subscriber's pay is Rs. 1,000 or more ;

(ii) the amount of withdrawal is limited to Rs. 12,000 or one-fourth nf the amount standing to the credit of the subscriber in the fund or the actual price of the car, whichever is the least : and

fiii) such withdrawal shall be allowed only on one oc- casion. In th? case of withdrawal for purchase of another motor car, the motor car advance under the provisions of Chapter 14 of the General Finan- cial Rules. ]9C, as rwiniemcnted bv executive in- sfni'-tions issued from time to time by the Central Government shall not he Eulrnissible.

17. Conditions for withdrawal

(1) Any sum withdrawn by a -.ubscriber at any one time for one or more of the purposes specified in regulation 16

371

from the amomnt standing to his crodit in the Fund shall not ordinarily exceed one-halt of th? amount of. subscriptions nnd inkro.st nhcrcon standing to the credit of the subscriber in the lund or six month's pay, whichever is lc"v. The sanctioning authority may, however, sanction the withdrawal of. an amount in excess oi the limit up to three-fourths of the amount of subscription and interest thereon standing to tho credit of the subscriber hi the Fund having due regard to (i) the object lor which the withdrawal is being made, (ii) the status of the .subscriber, and (iii) tbe amount of subscrip- tions and interest thereon standing to the credit of the sub- scriber in Ihe fund ;

Provided that in no caie the maximum amount of with- diawal shall exceed Rs. 1,25,000 or 75 times the monthly pay, whichever is less:

Provided further that in the case of a subscriber who has availed himself of an advance under the scheme of the Board or a State Government for the grant of advances for house building purpose, or has been allowed any assis- tance in this regard from any other Government source, tho sums withdrawn under this sub-regulation together with tho amount of advance taken under the aforesaid scheme or the assistance Inken from any other Government source shall not exceed Rs. 1,25,000 or 75 times the monthly pay, whichever is less.

Note.—(1) A subscriber

f2) In eases where a subscriber has to pay in instal- ments for a site or a h.-nvse purchased or a house constructed through a house building co-operative society or similar agency or a house or flat purchas- ed or constructed through th": State Housing Board, ho shall be permitted to rrake a withdrawal as cmd when he is called upon to make a payment in any instalment. Every such payment shall be treated as a payment for a separate purpose for the purposi of sub-regulation (1) of regulation 17.

(3) In case the sanctioning authority is satisfied that the amount standing to the credit of a subscriber in the fund is insufficient and he is unable to meet his requirements otherwise than by withdrawal, tho amount already withdrawn by the subscriber from the fund to flnanco any insurance policy or policies under regulation 19. may be taken into account as an addition to the actual amount standing to his credit in the fund for the purpose of the limit laid down in this sub-regulation, After the amount of withdrawal admissible has been so determined:

(i) if the amount so determined exceeds the amount already withdrawn from the Fund 10 finance any insurance policy or policies under regulation 19, the amount so withdrawn may be treated as final withdrawal and the difference, if any, between the amount so treated and the total amount of with- drawal admissible may be paid in cash ; and

(ii) if the amount so determined does not exceed the amount already withdrawn from the Fund to finance any insurance policy or policies under regulation 19. the amount so withdrawn may, irrespective of tho limit specified in sub-regula- tion f1) be treated as final withdrawal.

For the above purpose, the Accounts Officer shall re- assign the nolicv or policies lo the sub-criber or to the subscriber and the iolnt assured, as the cave may be, and m-iVe it over to the subscriber who will then be free to utilise th; Same for the purpose for which it has been released.

(2) A subscriber who hns bren permitted to withdraw money from the Fund under reflation 16 shtll satisfy the

372 THE GAZETTE OF JND1A : EXTRAORDINARY [PART II—SEC. 3(i)]

sanctioning; authority wilhin a leawonable period as may be specified by that authority thaL the money has been utilised for the purpose for which it was withdrawn and, if he fails to do so, the whole of the sum so withdrawn or so mikh thereof as has not been applied for the purpose for which it was withdrawn shrill forthwith be repaid in one lump sum by the subscriber to the Fund and iu default of such pay- ment if shall be ordered by the sanctioning authority to bo recovered from his emoluments either in a lump sum or in such number of monthly instalments as may be determined by the sanctioning authority.

(3) (a) A subscriber who has been permitted under

clause (a), (b), (c). (d), (e) or (f) of sub-regulation •'2) of regulation 16 to withdraw money from the amount of subscription together with interest ihereon standina 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 lhan mortgage to the Board), gift, exchange or other- wise without the previous permission of the Board :

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 flank, the Life Insurance Corporation or any other Corporation owned or controlled by the Central Government which advances loans for the construction of a new house or for makine additions or alterations to an existing house.

(b) The subscriber shall submit a declaration not later than the 21st day of December of every year as to whether the house or the housc-si'te, as the case may be, continues to be in his possession or has been mortgaged, otherwise transferred or let out as aforesaid and shall, if so required, produce before the sanctioning authority on or before the date specified by that authority in that behalf, the oricinal sale, mortpnpc or lease deed and ciso the documents on which his title to the property is based.

(c) If at any time before his retirement the subscriber parts with the possession of the house or house-site without obtaining the previous permission of the Board, he shall forthwith repay the sum so withdrawn by him in a lump sum to the Fund, and, in default of such repayment, the sanctioning authority shall, after giving the subscriber a reasonable opportunity of making a representation in the matter, cause the said sum to be recovered from ihe emolu- ments of the subscriber either in a lump sum or in such number of monthly Instalments, as may be determined by it.

Note :—A subscriber who has taken loan from the Board or Government and in lieu thereof hns mortgaged the house or house-site to the Board or Govern- ment shall bo required to furnish the declaration to the following effect, mrr.ely ••—

thereon standing to the cicdit of the subscriber in the account at the lime oi conversion plus the out- standing amount of advance shall be taken as the balance. Each withdrawal shall be treated as a separate one and the same principle shall apply in the event of more than one conversion.

I1'. Paymenl towards insurance policies : Subscribers referred to in regulation 4 who, before the date of (he commencement of trx'e regulations, had been substituting in whole or in part payment!) towards policies of life insurance, for subscriptions or making withdrawals for such payments from the fund, will be permitted to con- tinue to do so. Such payments shall be governed by the provisions of the Contributory Provident Fund Rules (India), 1962 of the Central Government, and the subscribers will continue to enjoy the benefits under the same terms and conditions mutatis mutandis ;

Provided that such subscribers shall not be permitted to substitute such payments for subscription due to the fund or to withdraw from the fund for making such payments in respect of new policies.

20. Final withdrawal of accumulations in the funds :

When a subscriber quits the service, the amount standing to his credit in the fund shall, subject to any deduction under regulation 23, 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 regulation with In- terest thereon at the rate provided in regulation 12, in the manner provided in the proviso to regulation 21. The amount so repaid shall be credited to his account in the fund, the part which represents hfa subscriptions and interest thereon and the'part which represents the Board's contribu- tion with interest thereon being accounted for in the manner provided in regulation 6.

Explanation:—(i) A subscriber who is granted refused leave shall be deemed to have quit the service from the date of his retirement or on the expiry of an extension of service.

nisalion registered under the Societies Regis- tration 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.

Transfer shall include cases of resignation from service in order to take up appointment under a body cor- porate owned or controlled by Government or am autonomous organisation, registered under th" Societies Registration Act, 1860, (21 of 1860), without any break and with proper permission of the Chairman. The time taken to ]oin the new post shall not be treated as a break in service if it does not exceed the joining time admissible to an employee on transfer from one post to another :

Provided further that the amount of subscriptions nnd the Board's contribution together with interest thereon of a subs- criber opting for service under a public enterprise may, If he so d"si es, be transferred to his now Provident Fund Acco'ini li'idcr the enterprise, if the concerned enterprise also aprces to such transfer. IT, however, the subscriber does not desire the transfer or the concerned enterprise does not operate a provident fund or docs not agree to such transfer, the amount aforesaid shall be refunded to the subscriber.

The same shall hold good in cases of retrenchment follo-

wed by immediate employment under the Board,

21. Retirement of Subscriber :

When a subscriber —

(a) has proceeded on leave preparatory to retirement or, if ho is employed in a vacation department cm leave pirieparatory to retirement combined with vacation ; 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 subscription and interest thereon standing to his credit iti the fund shall, upon application made by him in that behalf to the Accounts Officer, become payable to the subscriber :

Provided that the subscriber, if he returns to duty, shall if required to do so by tho Board, 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 regulation with interest thereon at the rate provided in regulation 12 in cash or securities, or partly in cash nnd partly in securities by ins- talments or otherwise by recovery from his emoluments or otherwise, us may be directed by tho authority competent to sanction an advance for the grant of which special reasons are required under sub-regulation (3) of regulation 13.

22. Procedure on death of subscriber —

372/1

purporting to be in favour of any person or per- sons other than a member or members of his family, become payable to the members of bis family in equal shares :

Provided that no share shall be- payable to —

(1) sons who have attained majority ;

(2) sons of a deceased son who have attaiucd majority ;

(3) married daughters whose husbands are alive ;

(4) married) daughter* of a deceased son whose husband?

are alive,

if there it, any member ot .he family other than those specifi- ed in clauses'(1), (2), (3) and (4) :

Provided also that the widow or widows and the child or children of a deceased1 son shall receive between them in equal parts only the share which that son would have received it he had survived the subscriber and had been exe- mpted from the provisions of clause (1) of tho first proviso.

Note—Any sum payable under these regulations to a member of the family of a subscriber vests in such member under sob-section (2) of section 3 of the Provident Fund* Act, 1925 (19 of 1925).

(ii) When the subscriber leaves no family, if a nomina- tion made by him in accordance with the provision of regula- tion 5 in favour of any person or persons subsists, the afflbtlnt standing to his credit in tlhe 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- nations.

Notes,—(1) When a nominee is a dependent of the subscri- ber o.i defined in clause (c) of section 2 of the Provident Funds Act, 1925 (19 of 1925), the amount vests in such nominee under sub-section i(2) of section 3 of that Act.

(2) When the subscriber leaves no family and no nomina- tion made bv him in accordance with the provisions of regula- tion 5 subsists or it such nomination relates only to part of the amount standing to his credit in the fund, the relevant provi- sions of clause (b) and of sub-clause (ii) of clause (e) and of sub-'ection (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.

23. Deductions.—Subject to the condition that no deduc- tion may be made which reduces the credit by more than the amount of any contribution by the Board with interest thereon credited under regulations 11 and 12, before the amount standing to the credit of the subscriber in the fund is paid out of the fund—

(a) the Board may direct the deduction therefrom and

payment to the Board of—

372/2 THE GAZETTE OF INDIA ; EXTRAORDINARY [PART II—SEC. 3(i)J

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

No.te.—1(1) For tho purpose of sub-clauso (ii) of clause (a)

of this regulation—

(a) the period of live years shall be reckoned from the commencement of the subscriber's continuous ser- vice under the Board ;

(b) resignation from service in order to take up ap- pointment under the Central Government or under 'die- State Government or under a body corporate owned or controlled by GovennrneEt or an autbno- mous organisation, registered under the Societies Re- gistration Act, 1860 (21 of 1860), without any break and with proper permission of the appropriate authority shall not be treated as resignation from the Board's service.

;(2) The powers of the Board under this regulation may, in respect of the amount referred to in clause (b) of thifl regulation, also be exercised by the Chairman in the case of all classes of employees of the Port except1 In the case of an employee holding a post refeirrcd to in clause (a) of sub- section (I) of section 24 of the Major Fort Trusts Act, 1963 i38 of 1963).

24. Manner of payment of amount in the fund.—(1) When the amount! standing to the credit of a subscriber in the fund, or the balance theieof after any deduction under regulation 23, becomes payable, it shall be the duty of the Accounts Officer, after satisfying himself when no such deduction has been directed under the regulation, that no deduction has bren dircctod under is to be made, to make payment on receipt of a written application in this behalf in Form V or Form VI (appended lo these regulations), as the case may be as provided in sub-regulation (3).

(2) If the poison to whom under these regulations any amount or policy is to be paid, assigned, re-assigned or de- livered, is a lunatic for whose estate a Manager has been appointed in this behalf under the Indian Lunacy Act, 1912 (4 of 1912), the payment or reassignment or delivery shall be made to such Manager and not to the lunatic :

Provided that where no manager is appointed and the per- son to whom the sum is payable is certified by a Magistrate to be a lunatic the payment shall under the order of the Col- lector be made in the term of sub-section ft) of section 95 of the Indian Lunacy Act, 1912 (4 of 1912), to the person having charge of such lunatic and the Accounts Officer shall pay only the amount he thinks iitl 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 maintenance of such members of the lunatic's family as are dependent! on him for maintenance.

(3) Payment of tho amounts withdrawn shall be made in India only. The person to whom (he amounts are payable shall make their own arrangements to receive payment in India. The following procedure shall be adopted for claiming payment by a subscriber, namely :—

(b) for the amount indicated in his ledger account in case the Accounts Statement has not been re;civ;d by the subscriber.

(ii) The Head of Office/Head of a Department shall forward the application to the Accounts Officer in- dicating the advances taken and the lecoverles effe- cted againsp the advances which are still current and the number of instalments yet to be recovered in respect of each advance andi also indirate the with- drawals, if any, taken by the subscriber.

(iii> The Accounjls Officer shall after verification with the ledger account issue an authority for Ihc amount indicated in the application at least a month before the date of superannuation but payable on tho-Jafc of superannuation.

(iv) After forwarding the application for final paymcrrt to the Accounts Officer, advance/withdrawal may bo sanctioned but tho amount of advance/withdrawal shall be drawn on an authorisation from the Accounts Officer concerned who shall arrange this as soon as the formal sanction of sanctioning author,'- ty is received by him,

(.v) A second authority for payment shall be issued as soon as possible after superacnuation. This shall relate to tho contribution made by the --lubscriber subsequent to the amount mentioned in the application submitted under clause (i) plus refund of instalments against advances which weic current at the time of first application.

Note.—When the amount standing to flhe credit of a sub- scriber has become payable under regulation* 20, 21 or 22 the Accounts Officer shall authorise prompt payment of the amount in the manner indicated in sub-regulation i(3).

25. Procedure on transfer of Pensionable Service.—If a subscriber on being given an option, elects to be governed by the pension scheme from the date of his joining the pension scheme,—•

(i) he shall cease to subscribe to the fund :

(ii) the amount of contribution by Board with interest thereon standing to hia credit in the fund shall be repaid to the- Board.

(iii) the amount of subscription together with interest there- on standing to his credit in the fund shall be trans- ferred! to his credit in the General Provident Fund to which thereafter he shall subscribe in accordance with the provisions of flhat fund; and

j(,iv) he shall thereupon be entitled to count towards pen- sion service rendered prior to the dato of per- manent transfer, to ,tlhe "extent permissible ucder the Pension Rules as applicable to the Central Gove- rnment employees

26. Number of account to be quoted at the time of payment of subscription,—When paying subscription in India cither by deduction from emoluments or in cash, a subscriber shall quote the number of his account in the fund already communicated to him by the Accounts Officer.

27. AmHial statement of account to be supplied to sub- scriber.—(1) As soon as possible after the 31st March of each year, tho Accounts Officer shall send to each subscriber a statement of his account in the fund showing ,the opening balance as on the 1st April of the year the totnl amount credited or debited during die year, the total amount of interest! cicdit as on the 31st March of the year and the closing balance on that date. The Accounts Officer shall attach fo thc^tatement of account an enquiry whether the subscri- ber :—:

(a) desires to make any alteration in any nomination

made under regulation 5;

372/3

criber in such manner as may appear to it to be just and equi- table.

28. Relation of the provisions) of the regulations in indi- vidual cases.—When ?toe Board is satisfied that the operation ibf any of these regulations causes or is likely to cause undue hardship to a subscriber it may, notwithstanding anything con- tained in these regulations, deal with the case of such subs-

29. Interpretation.—T any question arises relating to (he interpretation of these regulations, it shall be refined to the Board who shall decide the same.

FORM I

(See sub-regulation (3) of rcgu Ip.tic-n 5)

When the subscriber has a family and wishes to nominate one member thereof :

T hereby nominate the pa'on mentioned below, who is a member of my family as d--fin'~d in ••'-jinSaiion 2 of the Nt.v> Mf-rgaiore Port Trust Employees (Contjibutory Prcvdcnt Fvrd) Rcgi !a(icr.f to rmivr thr arroipt ;i;rt r"ay str.rd tc my credit in IV fvrd. in the event of my death before that amount has beccnie rayf.blc, cr hf.\irg teccmc TsyV'b1c h'" roi be c "i rrid.

Name and address of nominee Relationship with

Age Contingencies on the

subscriber

happening of which tho nomination shall bec^m • invalid.

M.nr., odf.'j\&s & relationship of tVr person/persons if any to v,''iom the right of tho ncrrinee . h i! PDS" in the "vent of hie/ her predeceasing the "ub?ctiber.

Dated this day of, 19 at

Signature of Subscriber

Two witnesses to Signature :

1.

2.

FORM II

(See sub-regulation (3) of regulation's)

When the subscriber has 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 refutation 2 of the New M?.ngaWe Port Trust Employees (Contributory Provident Fund) Regulations to receive the amount that nrvy 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 xud amount shall be distributed among the said persons in the manner shown below against their names :

Name and address of Relationship with Age Amount or share of accumulations to b:

Hie subscriber

nominees

paid to each*

Coniiug^ncios oa th; happening of which the nomination sh:ilJ b^co/ne invalid

372/4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

J ORM III

(Stc sub-regulation (3) of regulation 5)

Wh?n the subscriber has no family p.nd wishes to nominate one person.

I havitvj no family as doiuvd i/i Regulation 2- or the New Manguiore Fort Trusi Employees (Contributory provident Furio) Regu- lations lv re by nominate tin person mentioned below to receive the amount that may stand to ray credit in. (he fund, in the event of my rtcatu ticfnre the amount hi.s become payable, or havinc become payable liar not been P-id ;

Nam? and address of nominee R.-laUonsip with th:

sulrcrib-r

Coji'in^enci'S on th'; hns^nine of wlu:!i th? nomination. sh;ill become invalid*

Nam.', address and relationship of tii' iv'.o:i/p r.o.ns, ' any to Whom the right of the nominee shall pass in the event of his

predeceasing the subscriber.

Dated this day of 19 al

Sienatuio of subscriber.

Two witnesses to signature :

1. 2-

*NOTE: Where a subscriber who has no family makes a nomination, he shall spxify in this column lhat the nomination shall hecom- inv.-li.I in the event of his subseuuently acquirinc a family.

FORM IV

(Sec sub-regulation (3) of regulation 5)

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

1 having no family as d;n:ied m Regulation 2 of the New Manga I ore Port Trust Employees (Contribu'ory Provident Fund) Regu- lations hereby nominate th". p ^ o ns mentioned b;low to receive the amount lhat 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 b^en paid, and direct that th/1 said fmoimt shall be distributed amonR the said persons in the manner shown below against their names:

Name and address of the nominees

Relationship with the subscrib'-'r

yet to be repaid to the fund Account, I had taken the

.lowing final withdrawals :—

Temporary Advances Final Withdrawals

6. Cerlified that the following amounts were withdrawn by [',<; to finance my life Insurance Policy from my P.F. Ac- •ount •—

j.

7 Certified that after the payment of fir"t instalment of rny Provident Fund balance, I will apply for the payment of the subsequent instalments in Part II of the application Form V immediately on retirement.

Signature of the subscriber

Name and Address :

CERTIFICATION BY THF HI-AD OF OFFfCH/DEPART- MF.NT

Certified that the above information bus been verified from

the records being maintained in this office and is correct.

Signature of Head of Office/Department

PART II

4. Tn continuation of my application, for final payment sent to you vide No dated I request that the balance in rny Provident Fund Account may please 'is paid to me.

OR

5. Certified that the following amounts were withdrawn

from bis/'her account to finance the Life Insurance Policy.

1. 2, 3. 4.

Signature of the Head of Office.

PART II

372/5

3. The last fund deduction was made fioni his/her pay in

this office Bill No dated for Rs (Rupees I, the amount of deduction being Rs and recovery on account of refund of advance Rs

4. Certified that he/she was neither sanctioned any tem- porary advance oi any final withdrawal from hiv'her Pruvi- denl Fund Account dining the 12 months immediately pre- ceding the date of his/her quitting service/proceeding on leave preparatory to retirement or thereafter.

OR

CertilieJ thai the following temporary advance/final with- drawal- w.;rc sanctioned to him/her and drawn frnm his/her Pro.'iUenl Fund Acrnii'if during the 12 months immediately preceding thf date of his/her quirl ing sci vice/procee Jim: on leavt! preparatory i<. retirement .ir thereafter.

Amount of advances/ D;:te Voucher No. withdrawals

1.

2.

3.

4.

1 Certified thul no amount was withdrawn/the following ''•.liotii.t'.1 vyeie withdrawn from his/her Provident Fund Ac- count during the 12 months immediately preceding the date of his/her quitting service /proceeding on leave preparatory to retirement &r 1 hereafter for payment of Insurance Premia or for the purchase of a new policy.

Amount Date Voucher No.

1. 2. 3.

*6. It is certified that no demands /following demands of

Port are due for recqvery.

iW7. Certified that he/she has not resigned from Port Ser- vice with prior permission of Chairman/Port Trust Board to take up an appointment in the Central Government or under a State Government or under a body corporate or controlled by the State.

Signature of Head of Office/

Department

TeitifiiMtc No 6 to be furnished in the case of Contribut u-y

Tro.iiient Fund only.

!± Plejse score out if not necessary.

FORM VI

Tn continuation ol nu earlier application dated

fFOR CLASS III AND CLASS IV EMPLOYEES)

(Sec nut-regulation (1) of regulation 24) Sir,

372/6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

I joined service with on. forenoon/afternoon.

2. My Provident Fund Account No, is 3. I desire to receive payment through my office.

PART T

(To he filled in when the application for final piivmem is submitted upto one year prior to retirement).

4. 1 request thul the ;imount of Rs standing to the credit in my G.P.F./C.P.F. Account as indicated in the Accounts Statement issued to me for the year , ., (enclosed) /as appearing in my ledger account being main- tained hy you, may please be airunjjcd to be paid 10 me as first instalment of final pnym"iit.

5. The undermentioned L'fc Insurance Policies were being financed by me from my Provident Fund Account.

Policy No. Name of the Co., Sum nt>vlired

1. 2. 3, 4

6. Aficr payment of ihe first instalment of my Provident Fund balance. I will ipply for Iho payment of subsequent instalments in Part II of ihc Fo;ms immediately on rdiie- ment.

Yoiii; faithfully,

Signatuic : Name & Address :

Station : Date :

(FOR USE BY HEADS OF OFFICES)

Forwarded to the Financial Adviser & Chief Accounts

Officer, New Mangalore P'irt Trust for necessary action,

2. The Provident Fund Account No. of Shii'Smt./Kumiiri (as verified from the statements furnished to

him /her from year to year) is 3. He/Sbe is due to re*ire from Port Trust Service on

4. Certified that he'she had taken the following advances Mn respect of which

instalment of Rs.. . . . .. are yet to be recovered- and credited to the Fund Account. The details of the final withdrawals granted to him/her are also indicated below.

Final withdrawals Temporary Advances

1.

J

I request that the entire amount at my credit with interest due under the regulations may be paid to me through my office/may be transferred to my Provident Flint? Account. My. P.F, Account No. is

5. A sum of Rs (Rupees . . . .. .1 was last deducted as Provident Fund subscription and recovery on account of refund of advances from my pay bill for the month of for R3 e neashed on

6. I certify that T have neither drawn any temporary advance nor made any final withdrawal from my Provident Fund Account during the 12 months immediately preceding the date of my quitting service.

OR

Details of the temporary advances drawn by me/final withdrawals made by me from my Provident Fund Account during the 12 months immediately preceding the date of my quitting service/proceeding on leavj preparatory to re- tirement or thereafter are given below :

Amount of advance Dafc

1. 2. 3. 4.

7. I hereby certify thai no amount was withdrawn/the follow- ing amounts were withdrawn by me from my Provident Fund Account during the 12 months immediately preceding the date of my quitting service /proceeding on leave preparatory to retirement or thereafter for pnymcnf of insurance premia or lor Ihc puichase of u new policy.

Amount Date

1. 2. 3.

R. The particulars of the 1 !fi: Insurance Policies financed by me from the Provident Fund w'lich are to be released by you aie given below :

Policy No, Name of the Co., Sum assured

1.

3.

4.

Station : Date :

Yours faithfully,

Signature : Name & Address :

CERTIFICATE BY THE HF.AD OF OFFICE/DEPART-

MENT

1, Forwarded in continuation of endorsement No

. . .' dated

1. (ai Tt is certified after due verification with reference to the records in my office, that no temporary advance'final withdrawal was sanctioned to the applicant from his/her Provident Fund Account during the 12 months immediately preceding the date of his/her quilting service/proceeding on leave preparatory to letiremcnt or thereafter.

OR

2. It is certified, after due verification with reference to the records in my office, that the following temporary advances/ final withdrawals were sanctioned to and drawn by the applicant from his/her Provident Fund Account during 12 months immediately preceding the date of his/her quitting service/proceeding on leave preparatory to retirement or thereafter.

Amount of advance/withdrawals Date Voucher No,

1.

2.

*3. It is certified that no demands/following demands of Port are due for recovery.

@4. Certified that he/she has not resigned from Port Service with prior permission of the Chaiiman/Port Trust Board to take up an appointment in another Department of the Central Government or under a State Government or under a body corporate owned or controlled by the State.

Signature of the Head of Office/Department.

''Certificate No. 3 to be furnished in the case of Contributory

Provident Fund only.

©Please score out if not necessary.

[PW/PEL-16/80]

S. VASUDEV, Dy. Secy.

PRINTED BY THE MANAGER, GOVT. OF INDIA PRESS, RING ROAD, NEW DELHI-110064

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DEIHI-1 1 0 0 5 4, 19R0.


  1. ! -i'tsx piCvide.l that such other person or persons shall, if the subscriber has other members cf his family, be such other member or members. When the s.ub-,e".ix, com'-u s'rJi a r'cht on more than one person urier mis clause, he shall specify ti. iiuioiiv or share .\ivablc n each of Mich persons in s'jch a manner ua to cover the whole of the amount.payable to the nominee ; bills, by written communication to fie head of his office before he proceeds on leave. Failure to mdLj due and timely intimation shall be deemed to constitute and election to subscribe. The option of subscriber intimated under this sub-regulation shall be iinal. (b) that the nomination shu'l become invalid in the event cf the happening of a contingency specified therein : (4) A subscriber who has, under regulation 21, withdraw the amount of subscriptions and interests thereon, shall not subsetibe to the fund after such withdrawal, unless he returns to duly, Provide* , that if at the time of making the nomination the subscriber has no family, ho shall provide in the nomi- natic.i that .'(" shall become invalid in the event of his subsequently acquiring a family : 8. Rates of subscriptions.—(1) The amount of subscriptions she'll be fixed by the subscriber himself subject to the follow- ing conditions, namely :— (a) It shall be expressed in whole rupee. Provided further that if at the time of making the nomi- nation 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 (a) sha-1 become invalid in the event of his subsequently acquiring other member or membs.-s in h;s family. (b) It may be any sum, so expressed, not less than 8-1/3 per cent of his emoluments and not more than his emoluments. (2) For the purpose of sub-regulation (1), the emolu- ments of subscriber shall be— (a) in tho cise of a subscriber who was in the Board's ssrvice on the 31st March of the proceeding year, the emoluments to which he was entitled on that dale : FioviJed that— (6) Immediately on the death of a nominee in respect of whom no special provision has been made in the nomination iwJer clause (a) nf •,ub-re.cuk,'i'on (5) or the occurrence of any event by rcpson of which the nomination boconios invuliJ in pur.-j.'aco o.r ci^u-e (b) of sub-regulation (51 or the proviso ihiuio the sub uic-.'- vX:!1 Fend to (he Accovti''-; 'Officer a notice :n vritiny cnncei'Inf; the nomination' t.iyeaher with a fresh nomination made in accordance with tiie protisions of this regulation. (7) Every nomin:iJ:ori m-ide KIT! eveiy notice of cancel- lotion given by a subscriber shall, to the extent that it is valid, take e-'rect on tne date on which it is received by the Account OfTker. fi) if th: subscriber was on leave on the said date and elected not to subscribe during such leave or was imdt-i- suspension on the said date, his emoluments shall be the emoluments to which he was entitled en the first day after his return to duty ; Nets :—In this 1 emulation, urlfss the context otherwise tsfluiiM, 'ncro'V or 'pwionV sh.iJl include n L-oni- n.ir.y or ;«?oc;',!!c:i or body of indiviJu:*.^, whsthci iaccrr -rated or not. (ii) if the wliv.iber was on deputation eut of IH*J» on the ; a".l date or was on leave ca the said d:ue and continued to be on leave and has ↩
  2. (ii) A subscriber, other than one who is appointed on contract or one who has retired from service and is subsequently lc-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 State Government or Cent- ral Government or a body corporate owned or controlled by Government (in which he is governed by another set of Provident Fund Rules) and without ictuining any connection with his former post, In such a case, bis subscription and the employer's contribution together with interest thereon shall be trans- ferred to a new account under the Central Government or the State Government or the body corporate concerned, if the Central Government or the State Government or the body corporate consents to such transfer of his subscriptions, the employer's contribution and inercst. 18. Conversion of an advance into a withdrawal : A subscriber who has already drawn or may draw in future an advance under regulation 31 for any of the pur- poses specified in regulation 16 may convert at his discretion, by written request addressed to the Accounts Officer through the sanctioning authority, the balance outstanding against it into a final withdrawal on his satisfying the conditions laid down in regulations 16 and 17. Note :—Transfer should be held to include cases of resig- nations from service in ordev to take up appoint- ment under the Central Government or State Go- vernment or the body corporate, without any break and with proper permission of the Chairman. In rnses where there has been a break in service, it shall be limited to the joining time allowed on transfer to a different station. Note :—(1) The Head of Office may be asked by the sanctioning authority to stop recoveries from the pay bill when the application for such conversion is forwarded to the Accounts Officer bv that autho- rity. fin) When a subscriber, other than who is ap- pointed on contract or one who has retired from service and in subsequently re-emploved is transferred, without any break, to the service under a body corporate owned or controlled hy Government or an autonomous orga- (2) For the purpose of sub-regulation (1) of regu- lation 17, the amount of subscription with interest ↩
  3. , if the subscriber is dismissed from ser- vice due to mis-conduct, insolvency or inefficiency; Subject to any deduction under regulation 23, on the death of the subscriber before the amount standing to his credit has become payable or where the amount has become pay- able, before payment has been made, — (i) when the subscriber leaves a family — Provided that where the Board is satisfied that such deduc- tion would cause exceptional hardship to the subscriber, it may, by order, exempt from such deduction an amount not exceeding two-thirdi of the amount of such contribution and interest which would have been payable to the subscriber if he had retiredi on medical grounds : Provided) further that if any rach order of dismissal is subse- quently cancelled, .the amount sp deducted shall, on his re- instatement in the service, tv replaced to his credit in (ho fundl; (a) if a nomination made by the subscriber in accor- dance with the provisions of regulation 5 in favour of a member or members of hlo family subsists, the amount standing to his credit in tho fund or the part thereof to which the ncfrhinatiOM relates, shall become payable to his nominee or notm'riees in the proportion specified in the nomi- nation ; (b) if no such nomination in favour of a member or members of the family of the subscriber sub- sists or if such nomination relates only to a part of the amount standing to his credit in the fund, the whole amount or the part thereof to which the nomination does not relate, as the case may be, shall, notwithstandine anv nomination (ii) all amounts, representing such contribution and in- terest, if the subscriber within five years of the commencement of his service as such, resigns from the service or ceases to be an employee under the Board otherwise than by reason of death, superannuation, or a declaration by a competent medical authority that he is unfit for further service, or the abolition of the poit or the reduction of establishmentl. 1357 GI/79—2 ↩
  4. shall- be made,— (b) has acquired a family in case tho subscriber hns made no nomination in favour of a member of hi? family under the proviso to sub-regulation (1) of regulation 5. (a) for the amount attending to hh credit in the fund as indicated in the Accounts Statement for the year erding one year prior to the date of his superannuation, or his anticipated date of retire-meritl; or (2) Subscribers should satisfy themselves as to the correct- ness of the annual statement and etjors should bo brought to the notice of the Accounts Officer within three months from the date of receipt of the statement. ↩
  5. '. v;d re!,>tion- sJ.H oJ* the r--rsori''p.'i"-<)ns if any to whom ti' • right of the nominee shall paS-i in '!i? ovt'nl of h.K pi.'dcJ.'ESng the subscriber Dated this day of 19 at SUnalur: of subscrib-i' Two witnesses to signature : 1. 2. *NOTE:—This column should be filled in so as to cover th? whole amount that rrny stand to the crodi' of the subsc, iber in the fund at any time. ↩
  6. paid to each <1 ContingOiicies on the happing of wlibh tho no.nhiation shall b;eonw invalid* Nam' , address ;md relation- ship of th; p.Ys.zm/ii-non; if any, lo whom the right of Ihc nornitj..c shall pass in thr fvsnt ol" liis predeceas- ing the subscriber. Dated this day of 19 at Suignature of subscriber. Two witnesses to signature : 1. 2. NOTE :~ 'a'iThis column should be filled in so as lo cover the whole amount lhat may sUmd to the credit of the subscriber in tke fund at any time. Where a subscriber who has no family makes a nomination, he shull specify in this column that (he nomination shall become invalid in Hie event of his subsequently acquiring a family. FORM V nation has been accepted, with, effect from forenoon/ afternoon. I joined service with on forenoon/afternoon. (FOR CLASS T AND II OFFICERS) [See sub-regulation II) of regulation 24] ,.I 2. My Provident Fund Account No. is desire to receivo payment through my office. 3. My specimen signature in duplicate, duly attested by another Class I Officer is enclosed. FORM OF APPLICATION FOR FINAL PAYMENT/ TRANS tP.R TO BODIES CORPORATB/OTHER UOVERNMHNT OF BALANCES IN GENERAL/ CONTRIBUTORY PROVIDENT FUND ACCOUNT PARTI To (To be filled in when the application for final payment is submitted up to one year prior to retirement) The 1-inaiiciiil Adviser & Chief Accounts Officer, New Mangaloie Port Trust. 'Ihrt'ugh the Head of Office/Department. Sir. 4. I request that the amount of Rs standing to tile credit in my G.P.F./C.P.F. Account as indicated in the Accounts Statement issued to me for the year enclosed as appearing in my ledger account being maintained by you, may please be arranged to bo paid to me through my Office. 5. Certified that I had taken the following advance* in respect of which instalments of Rs, - I iim due to retire /have retired /have proceeded on leave prcpiH.'i'oiy to retirement lor months/have been dbftMrgid/dismissed/have been permanently transferred to/ have leigned linally from Port Truvt Service and my resig- ↩
  7. ! p; :\neT\ of P.F Mnlance. I reqivst that the hnlunce at mv cirdit ,vith inters' due nndci tbe regulations may be paid (o tve. OR T request fhal .he clin. LIPIOJIV. ;i! my credi* with interest FORM OF APPLICATION FOR FINAL PAYMENT/ TRANSFER TO CORPORATE BODIES/OTHER GOVERNMENTS OF BALANCES IN TITF GENERAL/ CONTRIBUTC LY PROVIDENT FUND ACCOUNT dile under the :gu1 i.ions mu be raid to rrlil/i"'ansfciTed to Signature Name & Address : To (FOR USH BY HEADS OF OFFICES) The Financial Adviser ↩

Cite this issue. Extraordinary Gazette of India, Government of India, 31 March 1980. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1980-03-31.E-1036-1980-0079-45352/. Archive identifier in.gazette.csl_extraordinary.1980-03-31.E-1036-1980-0079-45352.