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BIHAR GENERAL PROVIDENT FUND RULES, 1948
(a) These rules may be called the 'Bihar General Provident Fund Rules, 1948.
(b) They shall come into force on the 1 st October, 1948.
1[(a) Account officer-means the Branch Officer incharge of Fund Section.]
1. Subs. by C.S. No. 9 dated 30.5.1967,
(b) Emoluments-except where otherwise expressly provided emoluments means pay, leave salary or subsistence grant as defined in the Bihar Service Code and includes sterling overseas pay converted at such rate of exchange as the Provincial Government may prescribe in this behalf and any remuneration of the nature of pay received in respect of foreign service.
(c) Family means:
(i) in the case of a male subscriber, the wife or wives and children of a subscriber, and the widow or widows, and children of a deceased :son of the subscriber:
Provided that if a subscriber proves that his wife has been
The Fund shall be maintained in rupees.
All Government servants in permanent pensionable and non-pensionable service (including probationers) and those temporary Government Servants (including all re-employed pensioners) who have completed one year service, and whose conditions of service, the State Government are competent to determine shall be required to subscribe the minimum prescribed rate during leave, deputation and foreign service.]
1. Subs. by Memo No. 4967 F, dated 18,5.1983 (w.e.f. 1.4.1983) (Full text being given at the end of Rule 4).
2[ x x x x x]
2. Explanation deleted by C.S. No. 1 dated 6.5.1949.
Note 1.- 3[ xx x x]
3. Deleted by Memo No. 4967 F. dated 18.5.1983 (w.e.f. 1.4.1983).
No
Deleted
Deleted
1[x x x x]
1. Deleted by Memo No. 4967 F. dated 18.5.1983 (w.e.f. 1.4.1983).
(1) A subscriber shall, as soon as may be, after joining the Fund send to the Accounts Officer a nomination conferring the right to receive the amount that may stand to his credit in the Fund in the event of his death before, the amount standing to his credit has become payable, or where the amount has became payable, before payment has been made.
(2) A subscriber who, at the time of joining the Fund, has a family shall send to the Accounts Officer a nomination in the form set forth in the First Schedule in favour of one or more members of his family.
(3) A subscriber who has no family shall similarly nominate a person or persons in the form set forth in Second Schedule:
Provided that a nomination made under this sub-rule shall be deemed to have been duly made in accordance with these rules on
An account shall be prepared in the name of each subscriber and shall show the amount of his subscription with interest therein calculated as prescribed in sub-rule (2) of rule 14.
State Government decisions:
Subject.- Treatment of Cost of Living Allowance· as pay for certain purposes.
It is to refer to the Government Orders contained in Memo No. A1/214/675768 F, dated the 15th September, 1967 of the Finance Department on the above subject and to say that on reconsideration of the matter the State Government have been pleased to decide that the cost of living allowance will be treated as "pay" for the purposes of sanctioning all advances admissible to Government servants under the Bihar Financial Rules and Bihar Provident Fund Rules.
2. The orders c
(1) except as provided in rule 7, subscribers shall subscribe monthly to the Fund except during a period of suspension:
1[x x x x]
1. Deleted by Memo No. 4967 F. dated 18.5.1983 (w.e.f. 1.4.1983).
(2) The subscriber shall intimate his election not to subscribe during leave in the following manner:- '
(i) it ,he is an officer who draws his own pay-bills, by making no deductions on ,account of subscription, in his first· pay-bill drawn after proceeding on leave.
(ii) if he is not an officer Who draws his own pay-bills, by written communication to head of his office before he proceeds on leave. Failure to make due and timely intimation shall be deemed to constitute' an election to subscribe. The option o
(1) The amount of subscription shall be fixed by the subscriber himself, subject to the following conditions:
(a) It shall be expressed in whole rupees.
(c) 1[x x x x]
1. Deleted by Memo No. 4967 F. dated 18.5.1983 (w.e.f. 1.4.1983).
(2) For the purpose of sub-rule (1) the emoluments of a subscriber shall be
(a) in the case of subscriber, who was in Government service on 31st March of the preceding year, the emoluments to which he was entitled' on that date; provided as follows-
(i) 1[x x x x]
1. Deleted by memo No. 4967 F. dated 18.5.1983 (w.e.f.1.4.1983)
(ii) 1[x x x
When a subscriber is transferred to Foreign Service or sent on deputation out of India, he shall remain subject to the rules of the Fund in the same manner as if he was not so transferred or sent on deputation.
(1) When emoluments are drawn from a Government treasury in India or from the Home or a Colonial treasury, recovery of subscriptions on account of these emoluments and of the principal and interest of advances, shall be made from the emoluments themselves; except that when emoluments other than sterling overseas pay are so drawn in India, deduction in respect of sterling overseas pay when admissible be made in India.
(2) When emoluments are drawn from any other sources the subscriber shall forward his dues monthly to the Accounts Officer.
(3) If a Government servant fails to subscribe with effect from the date on which he is required to join the Fund the total amount due to the Fund, on account of arrears of subscription, shall with interest thereon, at the rate provided in rule 14, forthwith be paid by the subscriber to the Fund or in d
(1) Subject to the provisions of sub-rule (5) below, Government shall pay to the credit of the account of subscriber interest at such rate as may be determined for each year according to the method of calculation prescribed from time to time by the Provincial Government:
Provided that if the rate of interest determined for a year is less than 4 per cent, all existing subscribers to the fund in the year preceding that for which the rate has, for the first time been fixed at less than 4 per cent shall be allowed interest at 4 per cent.
(2) Interest shall be credited with effect from the last day in each year in the following manner:-
(i). on the amount at credit of subscriber on the last day of the preceding year, less any· sums withdrawn during the current year-interest for twelve months;
&
(1) A temporary advance may be granted to a subscriber from the amount standing to his credit in the Fund at the discretion of the appropriate authority specified in sub-rule (3) of the rule subject to the following conditions:-
(a) No advance shall be granted unless the sanctioning authority is satisfied that the applicant's pecuniary circumstance justifies it, and that it will be expanded on the following objects and not otherwise:-
(i), to pay expenses incurred 'in connection with the prolonged illness of the applicant or any person actually dependent on him;
(ii) to pay for the overseas passages for reasons of health or education of the applicant or any person actually dependent on him;
(iii) to pay for the education of the applicant or any pers
1[(1) An advance shall be recovered from the subscriber in such number of equal monthly ` as the sanctioning authority may direct but such number shall not be less than twelve unless the subscriber so elects or more than twenty four except in case of advances sanctioned under sub clause (ii) of rule 15 (1) (c) where the maximum number of installments be sixty at the option of the subscriber. A subseriber may at his option, repay more than one instilment in a month. Each installment shall be a number of whole rupees, the amount of the advance being raised or reduced, if necessary to admit of the fixation of such installments.)
1. Subs. by C.S. No. 8 dated 4.6.1953.
(2) Recovery shall be made in the manner prescribed in rule 15 for the realisation of the subscription and shall commence on the first occasion after the advance is made on whi
Subject to the conditions hereinafter contained in rules 18 to 28(a) (i) subscription to family pension fund approved in this behalf by the Provincial Government; or (ii) payment towards a policy of life insurance, may, at the option of a subscriber be substituted in whole or part for subscriptions due to the Fund;
(b) the amount of subscription with interest thereon, standing to the credit of a subscriber in the Fund maybe withdrawn to meet:
(i) a payment- towards a policy of life insurance;
(ii) the purchase of single payment insurance policy;
(iii) the payment of a single premium or subscription' to a family pension fund approved' [*] in this behalf by the Provincial Government:
3[Provided that no amou
(1) If the total amount of any subscription, or payments substituted under clause (a) of rule 17 is, less than amount of the minimum subscription payable to the Fund under rule 11 (1), the difference shall be rounded to the nearest rupee in the manner provided in clause (iv) of sub-rule (2) of rule 14 and paid by the subscriber as a subscription to the Fund.
Note.- The period for which the difference referred to in this rule should be calculated for the purpose of effecting the recovery should be one financial year and amount of subscriptions to a Family Pension Fund, or of payments towards a policy of life. insurance in excess of the minimum amount of subscription payable into the General Provident Fund in any 'financial year should not be set of against any difference payable under the rule in respect of any other financial year.
(2) I
(1) A subscriber who desires' to substitute a subscription on payment under clause (a) of rule 17, may reduce his subscription to the Fund accordingly:
Provided that the subscriber shall (a) intimate to the Account Officer, on his pay bill or by letter the fact of and reason for-the reduction.
(b) send to the Account Officer, within such period as the Account Officer may" require, receipt or certified copies of receipts in order to satisfy the Account Officer that the amount by which the subscription has been reduced was duly applied for the purposes specified in clause (a) of rule 17.
(2) A subscriber who desires to withdraw any amount under clause (b) of rule 17, shall -
(a) intimate the reason for the withdrawal to the Account Officer by lette
(1) Government shall not make any payments on behalf of subscribers to Insurance Companies nor take steps to keep a policy alive.
(2) A policy to be acceptable under these rules shall be one. effected by the subscriber himself on his own life and shall (unless it is a policy effected by a male subscriber which is expressed on the face of it to be for the benefit of his wife or of his wife and ·children or any of them) be such as may be legally assigned by the subscriber to the Governor of Bihar.
Explanation 1.-A policy on the joint lives of the subscriber and the subscriber's wife, or husband shall be deemed to be policy on the life of the subscriber for the purpose of this sub-rule.
Explanation 2.-A policy which has been assigned to the subscriber's wife shall not be accepted, unless either t
(1) The policy, within three montr3 after the first withholding of a subscription or withdrawal from the Fund in respect of the policy, or in the case of an Insurance Company whose headquarters are outside India, within such further period as the Account Officer, if he is satisfied by the production of the completion certificate (interim receipt), may fix, shall-
(a) unless it is a policy effected by a male subscriber which is expressed on the face of it to be for the benefit of the subscriber, or of his wife and children, or any of them, be assigned to the Governor of Bihar, as security for the payment of any sum which may become payable to the fund under rule 26, and delivered to the Account Officer the assignment being made by endorsement on the policy in Form (2) or Form (1) of the Forms in Third Schedule accordingly as the policy is on the life of the subscriber or on the join
The subscriber shall not during the currency of the policy, draw any bonus the drawal of which during such currency is optional under the terms of the policy and the amount of any bonus which under the terms of the policy the subscriber has no option to refrain from drawing during its currency shall be paid forthwith into the Fund by the subscriber, or in debauch recovered by deduction from his emoluments by installments or otherwise as maybe directed by the authority competent to sanction an advance for the grant of which special reasons are required under clause (c) of sub-rule (1) of rule 15.
(1) Save as provided by rule 27 when the subscriber-
(a) quits the service, or
(b) has proceeded on leave preparatory to retirement and applies to the Account Officer for re-assignment, for return of the policy; or
(c) while on leave, has been permitted to retire or declared by a competent medical authority to be unfit for further service and applies to the Account Officer for re-assignment or return of the policy; or
(d) pay or repay to the Fund whole of amount withheld or withdrawn from the Fund for any of the purpose mentioned in sub-clause (ii) of clause (a) of rule 17 and sub-clause (i) and (ii) of clause (b) of rule 17 with interest thereon at the rate provided in rule 14.
the Account Officer shall
(1) If a policy assigned to the Governor of Bihar, under rule 21 or under the corresponding rule heretofore in force matures before the subscriber quits the service, or if a policy on the joint lives of a subscriber and the subscriber's wife or husband assigned under the said rule, or under the corresponding rules heretofore in force falls due for payment by reason of the death of the subscriber's wife or husband, the Account Officer shall, save as provided by the Rule 27 proceed as follows:-
(i) if amount assured together with the amount of any accrued bonuses is greater than whole of the amount whit held or withdrawn from the Fund in respect of he policy with interest thereon at the rate provided rule 14, the Account Officer shall, re-assign the policy in the Form, set forth in the Fifth Schedule to the subscriber or to the subscriber and the joint assured as the case may be, and
If the interest of the subscriber in the Family Pension Fund ceases, In whole or part, from any cause whatsoever, the Provident Fund account of the· subscriber shall forthwith be reimbursed by the amount of the refund secured by the subscriber from the Family Pension Fund which amount shall in default of reimbursement be deducted from the subscriber's emoluments by installments or otherwise as may be directed by the authority competent. to sanction an advance for the grant of which special reasons are required under clause (c) of sub-rule (1) of rule 15.
If the policy lapses or is assigned, otherwise than to the Governor of Bihar under rule 21, charged or encumbered, for the provisions of sub-rule (4) of rule 21 applicable to a failure to assign and deliver a policy shall apply.
If the Account Officer receives notice of-
(a) an assignment (otherwise than an assignment to the Governor of Bihar under rule 21); or
(b) a charge or encumbrance on; or
(c) an order of Court restraining dealings with the policy, or any amount realised thereon,
the Account Officer shall not -
(i) re-assign or make over the policy as provided in rule 23; or
(ii) realise the amount assured by the policy on re-assignment, or make over the policy as provided in rule 24,
but shall forthwith refer the matter to Government.
Notwithstanding anything contained in these rules, if the sanctioning authority is satisfied that money drawn as an advance from the Fund under clause (1) of rule 15 or withheld or withdrawn from Fund under clause (a) or clause (b) of rule 17 has been utilised for a purpose other than that for which sanction was given to the drawal, withholding and withdrawal of the money, the amount in question, shall with interest at the rate provided in rule 14, forthwith be repaid or paid as the case may be, by subscriber to the Fund, or in default, be 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 or paid, as the case may be, be more than half the subscriber's emoluments recoveries shall be made in monthly installments of moieties of his emoluments till the entire amount recoverable be repaid or paid as the case may be, by him.
When a subscriber quits the service the amount standing to his credit in the Fund shall 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 Government, repay amount paid to him from the Fund in pursuance of this rule, with interest thereon at the rate provided in rule 14, in the manner provided in the proviso to rule 30. The amount so repaid shall be credited to his account in the Fund.
. Note.-A subscriber re-employed in Government service after retirement is considered to have quitted service from the date of retirement even though his reemployment may have been in continuation of his active service without break. He cannot therefore, get interest on his accumulation in the Fund beyond six months from the date of retirem
(a) has proceeded on leave preparatory to retirement, or if he is employed in vacation department, on leave' preparatory to retirement combined with vacation; or
(b) while no leave, has been permitted to retire or has been declared by a competent medical authority to be unfit for further service;
the amount standing to his credit in the Fund shall, upon application made by him in that behalf to the Account Officer, become payable to the subscriber :
Provided that the subscriber, if he returns to duty, shall if required to do so by Government, 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 rule 14, in cash or securities, or partly in cash and partly in securities, by
On the death of a subscriber before the amount standing to his 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 accordance with the provisions of rule 8, or of the corresponding rule heretofore in force in favour of a member or members of his family subsist, 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 member or members of the family of the subscriber, subsists, or if such nomination relates only to a part of the amount standing to his credit in the· Fund, the whole amount or
(1) When the amount standing to the credit of a subscriber in the fund becomes payable, it shall be the duty of the Account Officer to make payment, as provided in Section 4 of the Provident Funds Act, 1925.
(2) If the person to whom, under these rules, any amount or policy is to be paid, assigned, re-assigned, or delivered, is a lunatic for whose estate a manager has been appointed in this behalf under the Indian Lunacy Act, 1912 the payment of assignment or delivery will be made to such manager and not to the lunatic.
(3) Any person who desires to claim payment under this rule shall send a written application in that behalf to the Account Officer. Payment of amounts withdrawn shall be made in India only. The persons to whom the amounts are payable shall make their own arrangements to receive payment in India.
(a) If a Government servant who is a subscriber to any other Government Provident Fund, which in a non-Contributory Provident Fund is permanently transferred to pensionable service under the Provincial Government the amount of subscriptions, together with interest thereon, standing to his credit in such other Fund on the date of transfer, shall, with the consent of the other Government concerned be transferred to his credit in the Fund.
(b) If Government servant who is a subscriber to the State Railway Provident Fund, or the Contributory Provident Fund (India), or a Provincial Contributory Provident Fund is permanently transferred to pensionable service under the Provincial Government and elects, or is required to earn pension in respect of such pensionable service-
(i) the amount of subscriptions, with interest thereon standing to hi
If a subscriber to the Fund is subsequently admitted to the benefits of the Bihar Contributory Provident Fund, the amount of his subscriptions, together with interest thereon, shall be transferred to the credit of his account in the Bihar Contributory Provident Fund.
All sums paid into the Fund under these rules, shall be credited in the Books of Government to an account named "The General Provident Fund" Sums of which payments has been taken within six months after they become payable under these rules, shall be transferred to "deposits" at the end of the year and· treated under ordinary rules relating to deposits.
When paying a subscription in India, either by deduction from emoluments or in cash, a subscriber shall quote the number of his account in the Fund, which shall be communicated to him, by the Account Officer. Any change in the number shall similarly be communicated to the subscriber by the Account Officer.
(1) As soon as possible after the close of each year, the Account· 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 total amount credited or debited during the year, total amount of interest credited, as on the 31st March of the year and the closing balance on that date. The Account Officer shall attach to the statement of Account an enquiry whether the subscriber
(a) desires to make any alteration in any nomination made under rule 8 or under the corresponding rule heretofore.
(b) has acquired a family in cases where the subscriber has made no nomination in favour of a member of his family under sub-rule (2) of rule 8.
(2) Subscribers' should satisfy themselves as to the correctness of the annual s
[Rule 8(1) & (2)]
Form of nomination when subscriber has a family.
Persons is a member I, hereby nominate the persons mentioned below who b of my . are members family as defined in rule 2(c)(i) of the Bihar General Provident Fund Rules, to receive the amount that may stand to my credit in the General Provident 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.)
1. Name and address of the nominee or nominees.
2. Age of the nominee.
3. Name and address of the person Co) or persons to whom payment is to be made on behalf of
[Rule 8(1) and (3)]
Form of nomination when subscriber has no family.
I, having no family as defined in rule 2(c)(ii) of the Bihar General Provident Fund person Rules, hereby, nominate the persons mentioned below to receive the amount that
may stand to my credit in the Bihar General Provident 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.)
1. Name and address of the nominee or nominees.
2. Relationship with the subscriber.
3. Age of nominee.
[Rule21 (1) (a)]
Forms of assignment
I, A.B., of ....................hereby assign unto the Governor of Bihar within the policy of assurance as security for payment of sums which under rule 26 of the Bihar General Provident Fund Rules, I may, hereafter become liable to pay to that Fund.
I, hereby, certify that no prior assignment of the written policy exists.
Date
Signature of the subscriber.
Station
One witness to signature.
(2)
We, A.B., (the subscriber) of.........................................and C.D. (the joint
&nb
(Rule 23)
Forma of realignment by the Governor of Bihar
A.B.
All sums which have become payable by the above named A.B. & C.D under
rule 26 of the Bihar General Provident Fund Rules, having been paid and all liability for payment by him of any such sums in the future having ceased the Governor of
Bihar doth hereby re-assign the within policy of assurance to the said AB
A.B&C.D
Dated ...............20.............
Executed by........................... Account Officer of the Fund for and on behalf of the Governor of Bihar in the presence of .........
(Rule 24)
Form of re-assignment by the Governor of Bihar
The Governor of Bihar doth hereby re-assign within policy of the said AB. and CD.
AB. CD
Dated..............20....... ..
Executed by........................Account Officer of the Fund for arid on behalf of the Governor of Bihar in the presence of............................................................
Signature of the Account Officer.
(One witness to signature.)
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