GPF Rules 1960 – Recovery Of Advances, Wrongful Use Of Advance
General Provident Fund Rules 1960 – Shrot Title and Commencement, Definition and Constitution of Fund
THE GENERAL PROVIDENT FUND (CENTRAL SERVICES) RULES, 1960
PART IX – MISCELLANEOUS
RULE 13- RECOVERY OF ADVANCES
(1) An advance shall be recovered from the 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 elects and more than twenty-four. In special cases where the amount of advance exceeds three months’ pay of the subscriber under sub-rule
(2) of Rule 12, the sanctioning authority may fix such number of instalments to be more than twenty-four but in no case more than thirty-six. A subscriber may, at his option, repay more than one instalment in a month. Each instalment 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 instalments. (2) Recovery shall be made in the manner prescribed in Rule 10 for the realization of subscriptions, and shall commence with the issue of pay for the month following the one in which the advance was drawn. Recovery shall not be made, except with the subscriber’s consent while he is in receipt of subsistence grant or is on leave for ten days or more in a calendar month which either does not carry any leave salary or carries leave salary equal to or less than half pay or half average pay, as the case may be. The recovery may he postponed, on the subscriber’s written request, by the sanctioning authority during recovery of an advance of pay granted to the 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by him and the advance is subsequently disallowed before repayment is completed, the whole or balance of the amount withdrawn shall forthwith be repaid by the subscriber to the Fund, or in default, be ordered by the Accounts Officer to be recovered by deduction from the emoluments of the subscriber in a lumps urn or in monthly instalments not exceeding twelve as may be directed by the authority competent to sanction an advance for the grant of which, special reasons are required under sub-rule (2) of Rule 12:
Provided that, before such advance is disallowed, the subscriber shall be given an opportunity to explain to the sanctioning authority in writing and within fifteen days of the receipt of the communication why the repayment shall not be enforced and if an explanation is submitted by the subscriber within the said period of fifteen days, it shall be referred to the President for decision; and if no explanation within the said period is submitted by him, the repayment of the advance shall be enforced in the manner prescribed in this sub-rule.
(4) Recoveries made under this rule shall be credited as they are made to the subscriber’s account in the Fund.
RULE 14- WRONGFUL USE OF ADVANCE
Wrongful use of advance. -Notwithstanding anything contained in these rules, if the sanctioning authority has reason to doubt that money drawn as an advance from the Fund under Rule 12 has been utilized for a purpose other than that for which sanction was given to the drawal of the money, he shall communicate to the subscriber the reasons for his doubt and require him to explain in writing and within fifteen days of the receipt of such communication whether the advance has been utilized for the purpose for which sanction was given to the drawal of the money. If the sanctioning authority is not satisfied with the explanation furnished by the subscriber within the said period of fifteen days, the sanctioning authority shall direct the subscriber to repay the amount in question to the Fund forthwith or, in default, order the amount to be recovered by deduction in one* sum from the emoluments of the subscriber even if he be on leave. If, however, the total amount to be repaid be more than half the subscriber’s emoluments, recoveries shall be made in monthly instalments of moieties of his emoluments till the entire amount is repaid by him.
NOTE.— The term “emoluments” in the rule does not include subsistence grant.