Section 17 of Gujarat Maritime Board Employees Regulations, 1985

Final withdrawal from fund. :- (1) Subject to the conditions specified herein in this regulation, final withdrawals may be sanctioned by the authorities competent to sanction in advance for special reasons under the clause (c) of sub-regulation (1) of regulation 14. (2) After the completion of fifteen years of service (including broken periods of service, if any) of subscriber or within ten years before the date of his retirement on superannuation whichever is earlier, final withdrawal may be made from the amount standing to his credit in the Fund, for one or more of the following purposes namely: (a) meeting the cost of higher education including where necessary, the travelling expenses of any child of the subscriber actually dependent on him in the following cases, namely: - (i) for education outside India for academic, technical, professional or vocational course beyond the High School stage, and (ii) for any medical, engineering or other technical or specialised course of study specified in the third schedule in India beyond the High School stage, provided that the course of study is for not less than three years; (b) meeting the expenditure in connection with the betrothal/marriage of the subscriber's sons or daughters and any other female relation actually dependent on him; (c) meeting the expenses in connection with the illness including where necessary, the travelling expenses, of the subscriber or any member of his family or any person actually dependent on him; (d) building or acquiring a suitable house for his residence including the cost of the site or repaying any outstanding amount on account of the loan expressly taken for this purpose before the date of receipt of the application for withdrawal but not earlier than twelve months of that date or reconstructing, or making additions or alterations to a house already owned or acquired by a subscriber; (e) purchasing a house site or repaying any outstanding amount on account of loan expressly taken for this purpose before the date of receipt of the application for the withdrawal but not earlier than twelve months of that date: (f) for constructing a house on a site purchased utilizing the sum withdrawn under clause (e): (g) for acquiring a residential building or flat on hire purchase basis or otherwise through the Gujarat Housing Board or Co- operative Housing Society: Provided that the amount withdrawn for the purpose specified in clause (g) shall not subject to sub-regulation (8), in any case exceed the actual amount of initial installments payable to the Gujarat Housing Board or Co-operative Housing Society and the valid receipt in respect of such payment made of full amount withdrawn shall be produced within a month of the drawal of the amount. (3) A withdrawal sanctioned to subscriber under clause (a) of subregulation (2) of this regulation may be drawn in installments not exceeding four in a period of twelve calendar months counted from the date of sanction. (4) In cases where a subscriber has to pay in installments for a site or a house purchased, or a house constructed through a house building cooperative society or Similar Agency, he shall be permitted to withdraw as and when he is called upon to make payment of any installment. The withdrawal of a sum under this sub-regulation shall be treated as sum withdrawn at any one time for the purpose of sub-regulation (8). (5) A subscriber who has availed himself of an advance under a scheme of the Central Government or a State Government for the grant of advances for house building purpose, or has been allowed, any assistance in this regard from any other Government source, shall be eligible for the grant of final withdrawal under subregulation (2)(d) (e) and (f) for the purpose specified therein subject to the limit specified in the proviso to sub- regulation 5(1) of 17 and also for the purpose of repayment of any loan taken under the aforesaid scheme. Note.-(l) Withdrawal for house building purpose under clauses (d) (e) and (f) of sub-regulation (2) of regulation 17 shall be subject to the condition that neither a subscriber nor subscriber's spouse nor minor child own a house, provided that Board may relax the condition: (1) if the subscriber or subscriber's spouse or minor child owns a house in a village and the subscriber desires to settle down in a town, or (ii) where a subscriber happens to own a house jointly with other relations but desires to build a separate house for his bonafide personal residence, or (iii) in any other exceptional circumstances. Note.-(2) No final withdrawal for the purpose of reconstruction or additions and alterations of house referred to in clauses (i) and (ii) of NOte (1) shall be admissible to the subscriber who was allowed withdrawal under Note (1). Note.-(3) The competent authority shall fix the number and amount of installment at the written request of a subscriber who has been sanctioned the final withdrawal under clause (d) of subregulation (2) of regulation 17. (6) Notwithstanding anything contained in sub-regulation (2) final withdrawal may be permitted from the amount standing to the credit of a subscriber in the Fund for the acquiring a farm land or business premises within six months before the date of his retirement. (7) Whenever a subscriber is in a position to satisfy the competent authority about the amount standing to his credit in the General Provident Fund account with reference to the latest available statement of General Provident Fund Account together with the evidence of subsequent contribution, the sanctioning authority may itself sanction withdrawal within the prescribed limits, as in the c a s e of a refundable advance. In doing so, the sanctioning authority shall take into account any withdrawal or refundable advance already sanctioned by it in favour of the subscriber. Where the subscriber is not in a position to satisfy the sanctioning authority about the amount standing to his credit or where there is any doubt about the admissibility of the withdrawal applied for, a reference may be made to Account Officer by the sanctioning authority for ascertaining the amount standing to the credit of the subscriber with a view to enable the sanctioning authority to determine the admissibility of the amount of withdrawal. The sanction for the withdrawal should prominently indicate the General Provident Fund Account number and a copy of the sanction for withdrawal should invariably be endorsed to the Account Officer. T he sanctioning authority shall be responsible to ensure that an acknowledgment is obtained from the Account Officer that the sanction for withdrawal has been noted in the ledger account of the subscriber. In case the Account Officer reports that the withdrawal as sanctioned is in excess of the amount to the credit of the subscriber or otherwise inadmissible, the sum withdrawn by the subscriber or otherwise inadmissible, the sum withdrawn by the subscriber shall forthwith the repaid in one lump sum (together with interest thereon at the prescribed rate) by the subscriber to the fund and in default of such payment, it shall be ordered by the sanctioning authority to be recovered from his emoluments either in a lump sum or in such number of monthly installments as may be determined by the Chairman. (8) Any sum withdrawn by a subscriber at any one time for one or more of the purposes specified in this regulation from the amount standing to his credit in the Fund shall not ordinarily exceed one half of such amount or six month's pay whichever is less. The sanctioning authority may, however sanction the withdrawal of an amount in excess of the said limit upto 3/4th of the balance at the credit in the fund, having due regard to (i) the object for which the withdrawal is being made, (ii) the status of the subscriber and (iii) the amount to his credit in the fund: Provided that in case of subscriber who has availed himself of an advance under the scheme of the Central or a State Government for the grant of advances for house building purposes, or has been allowed any assistance in this regard from any other Government source, the sum withdrawn under this sub-regulation for any purpose other than the one for repayment of any loan taken under the scheme referred to in sub-regulation (5) together with the amount of advance taken under the aforesaid scheme or the assistance taken from any other Government source, shall not exceed Rs. 1,25,000 or 75 month's pay whichever is less. (9) A subscriber who has been permitted to withdraw money from the fund under regulation 17 shall satisfy the sanctioning authority within a reasonable period as may be specified by that authority that 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 much thereof as has not been applied for the purpose for which it was withdrawn shall forthwith be repaid by the subscriber to the fund in one lump sum (together with interest thereon at the prescribed rate) and in default of such repayment, the sanctioning authority may by order direct that the sum not so repaid shall be recovered from his emoluments either in a lump sum or in such number of monthly installments as may be determined by the Chairman. (10) A subscriber who has been permitted under clause (d)(e) and (f) of sub-regulation (2) to withdraw money from the amount standing to his credit in the fund shall not part with the possession of the house so built or acquired or of house site so purchased or as the case may be the residential building or flat so acquired with the money so withdrawn whether by way of sale, mortgage (other than mortgage to the Board) or gift. exchange or otherwise without the previous permission of the Board nor shall part with possession of such house or house site or as the case may be of such residential building or flat by way of exchange or lease for a term exceeding three years, without the previous permission of the sanctioning authority. (11) The subscriber shall submit a declaration not later than the 31st day of December of every year to the effect that the house or as the case may be, the house site continuous to be in his possession and shall, if so required produce before the sanctioning authority on or before the date specified by the authority in that behalf the original documents in support of his title to the property. (12) If at any time before his retirement, the subscriber applies, parts with the possession of the house or house site without obtaining the previous permission of the Board or sanctioning authority, as the case may be, the sum withdrawn by him together with interest thereon at prescribed rate, shall forthwith be repaid in one lump sum by the subscriber 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 that the said sum to be recovered from his emoluments either in lump sum or in such number of monthly installments as may be determined by the Chief Executive Officer and Vice-Chairman, Note (1).-Part final withdrawal shall be allowed once for the same purpose under this regulation. But marriage or education of different children or Illness on different occasions shall not be treated as the same purpose. Note (2).-Withdrawal under this regulation shall not be sanctioned if an advance under regulation 14 is being sanctioned for the same purpose and at the same time. (13) A subscriber who has already drawn or may hereafter draw advance under regulation 14 for any of the purpose specified in clause (a)(b) and (c) of sub-regulation (2) of this regulation, may convert at his discretion by written request addressed to the Account Officer through the sanctioning authority the balance outstanding against it into a final withdrawal on his satisfying the conditions laid down in this regulation. Note (1).-The sanctioning authority shall sanction for conversion of temporary advance into final withdrawal In the prescribed form and endorse a copy to the Account Officer. Note (2).-For the purpose of sub-regulation (8) the amount outstanding as a balance at the time of withdrawal and the additional amount credited thereafter as a subscription with necessary interest if any shall be treated as balance. (14) Final withdrawal may be sanctioned by the authorities competent to sanction an advance for special reasons under clause (c) of sub-regulation (1) of regulation 14 at any time, to subscriber who has completed 25 years of service or who had less than 5 years to attain the age of superannuation, from the amount standing at his credit for purchasing a motor car or for repaying a Board loan already taken by the subscriber for the purpose subject to the following conditions namely: (i) the pay of officer is not less than one thousand rupees; (ii) the amount of withdrawal is limited to sixteen thousand rupee or one third of the amount standing to the credit of the subscriber in the General Provident Fund or the actual price of the car, whichever is the least: Provided that In a special case the sanctioning authority may sanction the withdrawal of an amount in excess of this limit upto one half of the balance at subscriber's credit in the Fund account; (iii) such withdrawal shall be allowed only on one occasion. In the case of a withdrawal for purchase of another car the motor car advance under relevant provisions of Financial Regulations if any shall not be admissible. (15)(a) A subscriber who has completed twenty five years of service or who has less five years to attain the age of superannuation, may be permitted to make final withdrawals from the amount standing to this credit in the Provident Fund for the purpose of extensive repairs or overhauling of, his motor car subject to the following conditions namely: (1) the pay of Officer is not less than Rs. 1,400/-; (ii) the amount of withdrawal is limited to Rs. 5,000/- or one third of the amount standing to credit of the subscriber in the General Provident Fund or the actual amount of repairing or overhauling, whichever, is less; (iii) not less than five years should have elapsed since the car was purchased by the Officer concerned. In the case of a second hand car, the initial date of purchase by the first purchaser will be taken into account; (iv) such withdrawal shall be allowed only once through out the service of the subscriber. (b) The authority competent to sanction an advance for special reasons under regulation 14 may sanction a final withdrawal subject to the conditions mentioned above. The procedural details will be as in the case of other withdrawals.