Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com BOMBAY LABOUR WELFARE BOARD CONTRIBUTORY PROVIDENT FUND RULES, 1955 CONTENTS 1. . 2. . 3. . 4. . 5. . 6. . 7. . 8. . 9. . 10. . 11. . 12. . 13. . 14. . 15. . 16. . 16A. . 16B. . 16C. . 17. . 18. . 19. . 20. . 21. . 22. . 23. . 24. . 25. . 26. . 27. . 28. . 29. . 30. . 31. . 32. . 33. . 34. . SCHEDULE 1 :- Forms of Nomination SCHEDULE 2 :- Forms of Assignment SCHEDULE 3 :- Forms of re-assignment and assignment by the Maharashtra Labour Welfare Board SCHEDULE 4 :- Form of re assignment by the Maharashtra Labour Welfare Board SCHEDULE 5 :- Form of annual declaration BOMBAY LABOUR WELFARE BOARD CONTRIBUTORY PROVIDENT FUND RULES, 1955 In exercise of the powers conferred by Section 19 of the Bombay Labour Welfare Fund Act, 1953 (Bom. XL of 1953), the Government of Bombay is pleased to make the following Rules, namely : 1. . :- (1) These rules may be called the Bombay Labour Welfare Board Contributory Provident Fund Rules, 1955. (2) They shall come into force on the 25th January, 1955 : Provided that in respect of the former permanent Government servants taken over and employed by the 1 [Maharashtra] Labour Welfare Board under Section 13 of the Act, they shall be deemed to have come into force from 1st July, 1953. 1. Substituted by G.N. of 28-5-1965. 2. . :- (1) In these Rules, unless there is anything repugnant in the subject or context, (i) "Act" means the Bombay Labour Welfare Fund Act. 1953: (ii) "Board" means the 1[Maharashtraj Labour Welfare Board constituted under Section 3 of the Act; (iii) "emoluments" means pay, leave salary, or subsistence grant, as defined in the Bombay Civil Services Rules or the Rules made under the Act. and inclludes any remuneration of the nature of pay received in respect of foreign service : (iv) "family" means (a) 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 judicially separated from him or has ceased under the customary law of the community to which she belongs to be entitled to maintenance she shall henceforth be deemed to be no longer a member of the subscriber's family in matters to which these Rules relate, unless the subscriber subsequently indicates by express notification in writing to the Welfare Commissioner that she shall continue to be so regarded ; (b) in the case of a female subscriber, the husband and children of the subscriber and the widow or widows and children of a deceased son of the subscriber : Provided that if a subscriber by notification in writing to the Welfare Commissioner expresses her desire to exclude her husband from her family, the husband shall thenceforth be deemed to be no longer a member of the subscriber's family in matters to which these Rules relate, unless the subscriber subsequently cancels formally in writing her notification excluding him. (v) "foreign service" means service in which an employee of the Board receives his substantive pay with the sanction of the Board from any other employer; (vi) "fund" means the 1[Maharashtra] Labour Welfare Board Contributory Provident Fund; (vii) "leave" means any variety of leave recognised by the Rules made under the Act; (viii) "Government" means the Government of 3 [Maharashtra] : (ix) "Schedule" means a schedule appended to these Rules. (2) Any other expression employed in these Rules which is defined either in the Act, the Provident Fund Act. 1925 (XIX of 1925), or in the Bombay Civil Services Rules is used in the sense, so far as may be, as therein defined. 1. Substituted by G.N. of 28-5-1965. 3. Substituted by G.N. of 28-5-l965. 3. . :- The Fund shall be administered by the Board. All expenses of managing the Fund shall be borne by the Board and shall not be charged against the interest earned on the investments of the Fund. 4. . :- (1) These Rules shall apply to all such employees of the Board who have completed one year of service : Provided that (a) every person taken over and employed by the Board on 1st July, 1953 under Section 13 of the Act who elects for pension under that section ; (b) every person holding part-time appointment under that Board; shall be eligible to contribute to the Fund but shall not be eligible for any contribution by the Board under these Rules. (2) Every employee of the Board to whom these Rules apply shall be a subscriber to the Fund. 5. . :- (1) A subscriber shall, as soon as may be after joining the fund, send to the Welfare Commissioner a nomination conferring on one or more persons the right to receive the amount that may stand to his credit in the fund, in the event of his death before that amount has become payable, or having become payable, has not been paid : Provided that if. at the time of making the nomination, the subscriber has a family, the nomination shall not be in favour of any person or persons other than the member of his family. (2) If a subscriber nominates more than one person under sub-rule (1), he shall specify in the nomination the amount or share payable to each of the (3) Every nomination shall be in such one of the Forms set forth in the First Schedule as is appropriate in the circumstances. (4) A subscriber may at any time cancel a nomination by sending a notice in writing to the Welfare Commissioner: Provided that the subscriber shall along with such notice send a fresh nomination made in aceordance with the provisions of this rule. (5) A subscriber may provide in a nomination (a) in respect of any specified nominee that in the event of his pre-deceasing the subscriber, the right conferred upon that nominee shall pass to such other person as may be specified in the nomination ; (b) that the nomination shall become invalid in the event of the happening of a contingency specified therein provided that if at the time of making the nomination the subscriber has no family, he shall provide in the nomination that it shall become invalid in the event of his subsequently acquiring a family. (6) Immediately on the death of a nominee in respect of whom no special provision has been made in the nomination under clause (a) of sub- rule (5) or on the occurrence of any event by reason of which the nominaiton becomes invalid in pursuance of clause (b) of sub-rule (5) or the proviso thereto, the subscriber shall send to the Welfare Commissioner a notice in writing cancelling the nomination, together with a fresh nomination made in accordance with the provisions of this rule. (7) Every nomination made, and every notice of cancellation given, by a subscriber shall, to the extent it is valid, take effect on the date on which it is received by the Welfare Commissioner. 6. . :- An account shall be opened in the name of each subscriber, in which shall be credited (i) the subscriber's subscriptions: (ii) contributions made under Rule 11 by the Board to his account ; (iii) interest, as provided by Rule 14. on subscriptions and contributions. 7. . :- (1) Every subscriber shall subscribe monthly to the Fund when on duty or foreign service but not during a period of suspension : Provided that a subscriber on reinstatement after a period passed under suspension shall be allowed the option of paying in one lumpsum or in instalments any sum not exceeding the maximum amount of arrears of subscription permissible for that period. (2) A subscriber may. at his option, not subscribe during leave. (3) The subscriber shall intimate his election not to subscribe during leave in the following manner, namely : (a) if he is not an 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 not an officer who draws his own pay bills, by written communication to the Welfare Commissioner before he proceeds on leave. Failure to make due and timely intimation shall be deemed to constitute an election to subscribe. The option of a subscriber intimated under this sub-rule shall be final. (4) A subscriber who has. under Rule 28, withdrawn the amount of subscriptions and interest thereon, shall not subscribe to the fund after such withdrawal, unless and until he returns to duty. 8. . :- (1) The amount of subscription shall be fixed by the subscriber himself, subject to the following conditions, namely : (a) It shall be expressed in whole rupees. (b) It may be any sum so expressed not less than 1[8-l/3] per cent, of his emoluments 2 * * * (2) For the puiposes of sub-rule (1) the emoluments of a subscriber shall be (a) in the case of subscriber who was in the service of the Board on the 30th March of the preceding year, the emoluments to which he was entitled on that date : Provided that (i) if the subscriber was on leave on the said date and elected not to subscribe during such leave or was under suspension on the said date, his emoluments shall be the emoluments to which he was entitled on the first day after his return to duty ; (ii) if the subscriber was on deputation out of India on the said date or was on leave on the said date and continues to be on leave and has elected to subscribe during such leave, his emoluments shall be 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 said date, his 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 service of the Board on the 31st March of the preceding year, the emoluments to which he was entitled on the first day of his service or, if he joined the fund for the first time on a date subsequent to the first day of his service, the emoluments to which he was entitled on such subsequent date. (3) 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 or is made on his 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 the deduction which is made in this behalf from his first pay-bill after his return to duty ; (c) if he has entered the service of the Board for the first time during the year, or joins the fund for the first time, by the deduction which is made in this behalf, from his pay-bill for the month during which he joins the Fund ; (d) if he was on leave on the 31st March of the preceding year, and continues to be on leave and has elected to subscribe during such leave, by the deduction which he causes to be made in this behalf from his salary- bill from 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 Fund 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-rule (2), in such manner as the Board may direct. (4) The amount of subscription so fixed shall remain unchanged throughout the year: Provided that if a subscriber is on duty for a part of a month and on leave for the remainder of that month, and if he has elected not to subscribe during leave, the amount of the subscription payable shall be proportionate to the number of days spent on duty in the month. 1. Substituted by G.N. of 30-7-l966. 2. Deleted, ibid. 9. . :- When a subscriber is transferred to foreign service, with the sanction of the Board, the period of such foreign service shall count for benefits under the Fund provided that the amount of subscription shall be calculated on the monthly salary which he was drawing immediately before such transfer or which he would have drawn from time to time if he had not been so transferred and not upon the salary drawn while on such foreign service. During such period of foreign service contribution shall be payable by the Board under Rule 11 but contribution made by the new employer in respect of such subscriber shall be credited to the Fund provided that calculation of interest shall commence only from the date on which such amounts are credited to the Fund. 10. . :- (1) Before emoluments of the subscribers to the Fund are disbursed by any disbursing officer under the Board, recovery of subscriptions on account of these emoluments and of the principal and interest of advances shall be made from the emoluments and paid into the Fund. (2) When emoluments are drawn from any other source, the subscriber shall forward his dues monthly to the Welfare Commissioner. 11. . :- (1) The Board shall make a contribution to the account of each subscriber monthly by causing such amounts to be paid into the Fund : Provided that if a subscriber quits the service or dies during any month, contribution shall be credited to his account for the period between the close of the preceding month and the date of quitting the service or the casualty, as the case may be : Provided further that no contribution shall be payable in respect of any period for which the subscriber is permitted under the Rules, not to or does not, subscribe to the fund. (2) The contribution shall be made at the rate o f 1 [8-l/3] per cent, of the subscriber's emoluments drawn on duty during the month or period, as the case may be. (3) If a subscriber is on deputation out of India, the emoluments which he would have drawn had he been on duty in India shall, for the purposes of this rule, be deemed to be emoluments drawn on duty. (4) Should a subscriber elect to subscribe during leave, his leave salary shall, for the purposes of this rule, be deemed to be emoluments drawn on duty. (5) Should a subscriber elect to pay arrears of subscriptions in respect of a period of suspension, the emoluments or portion of emoluments, which he may be allowed for that period on reinstatement shall, for the purpose of this rule, be deemed to be emoluments drawn on duty. (6) The amount of any contribution payable in respect of a 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 to the nearest whole rupee (eight annas counting as the next higher rupees). 1. Substituted by G.N. of 30-7-l966. 12. . :- The over-all control of the fund shall vest in the Board, the actual administration including the grant of temporary loans to subscribers, recovery thereof, maintenance of individual accounts separately for each subscriber, and such other matters pertaining thereto being carried on by the Welfare Commissioner, on behalf of the Board. The Fund shall be subject to annual audit by the Auditors of the Board. 13. . :- Separate accounts shall be kept for each subscriber by the Welfare Commissioner, showing the amount of his own personal subscriptions together with his share of the monthly contribution of the Board, with interest thereon. The account shall be maintained in whole being counted as one rupee and the portion of a rupee less than eight annas being ignored. A copy of his account for the previous year shall be furnished to each subscriber not later than 31 st July in each year. 14. . :- (1) The account of a subscriber shall be credited with interest at such rate as the Board may from time to time prescribe for the payment of interest on subscriptions to the Fund, on the amount at his credit in the fund. (2) Interest shall be credited with effect from the 31st March of each year in the following manner, namely : (i) on the amount at the credit of a subscriber on the 31st March of the preceding year, less any sums withdrawn during the current year interest for twelve months ; (ii) on sums withdrawn during the current year, interest from the 1 st April of the current year upto the last day of the month preceding the month of withdrawal; (iii) on all sums credited to the subscriber's account after the 31 st March of the preceding year interest from the date of deposit upto the 31st March of the current year: (iv) the total amount of interest shall be rounded to the nearest rupee in the manner provided in sub-rule (7) of Rule 11 : Provided that when the amount standing at the credit of a subscriber has become payable, interest shall thereupon be credited under this sub-rule in respect only of the period from the beginning of the current year or from the date of deposit, as the case may be. upto the date on which the amount standing at the credit of the subscriber became payable. (3) For the purposes of this rule, the date of deposit shall be deemed to be the first day of the month of receipt if they are credited to the Fund before the fifth day of that month, or. if they are received and paid into the Fund on or after the fifth day of that month, the first day of the next succeeding month. (4) In addition 10 any amount to be paid under Rule 31 interest thereon up to the end of the month preceding that in which payment is made, or upto the end of the sixth month after the month in which such amount become payable, whichever of these periods be less, shall be payable to the person to whom such amount is to be paid : Provided that no interest shall be paid in respect of any period after the date which the Welfare Commissioner has intimated to that person or his agent as the date on which he is prepared to make payment in cash, or if he pays by cheque, after the date on which the cheque in that person's favour is put in the past. (5) Interest shall not be credited to the account of a Muhammadan subscriber if he informs the Welfare Commissioner that he does not wish to receive it ; but if he subsequently asks for interest it shall be credited with effect from the 1 st April of the year in which he asks for it. (6) The interest on amounts which, under sub-rule (3) of Rule 19. or sub-rule (4) of Rule 21. or sub-rule (1) of Rule 23, or sub-rule (1) or sub-rule (2) of Rule 24 or Rule 27 or Rule 28 are replaced at the credit of the subscriber in the Fund, shall be calculated at such rates as may be successively prescribed under sub- rule (1) of this rule and so far as may be in the manner described in this rule. 15. . :- (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 authority specified in column 1 of the Table hereto in respect of the subscribers specified against them in column 2 thereof, subject to the conditions specified in sub-rule (2). 1[Maharashtra] Labour Welfare Board .. (1) Welfare Commissioner and Assistant Commissioner. Welfare Commissioner .. (2) All other subscribers to the Fund excluding those mentioned in (i) above. (2) (a) No.advance shall be granted unless the sanctioning authority is satisfied that the applicant's pecuniary circumstances justify it, and that it. will be expended on the following object or 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 passage for reason of health or education of the applicant or any person actually dependent on him ; (iii) to pay obligatory expenses on a scale appropriate to the applicant's status in connection with marriages, funerals or ceremonies which by his religion, it is incumbent on him to perform. (b) an advance shall not, except for special reasons, exceed three months' pay and shall in no case exceed the amount of subscriptions and interest thereon standing to the credit of the subscriber in the Fund. (c) An advance shall not, except for special reasons, be granted until at least twelve months after the final repayment of all previous advances together with interest thereon, unless the amount already advanced does not exceed two- thirds of the amount admissible under clause (b). (d) The sanctioning authority shall record in writing its reasons for granting the advance : Provided that if the reason is of a confidential nature it may be communicated to the Welfare Commissioner personally or confidentially or both. 2[ (3) Notwithstanding anything contained in this rule, an advance may also be granted to a subscriber for investment in the Twelve Year National Savings Certificates 3[or in the 12-Year National Defence Certificates or the 10-Year Defence Deposit Certificates or in both or in any other Certificates or Bonds or Securities issued by any Government which the State Government may, by notification in the Official Gazette, specify in that behalf] subject to the following conditions : (a) The amount of advance shall not exceed one month's pay or half the amount lying to the credit of the subscriber, whichever is less. (b) The advance shall be recovered in not more than 24 equal monthly installments. (c) An optional subscriber to the Fund on the date he takes an advance under this sub-rule shall continue to subscribe at the same rate and not reduce the amount of his subscription to the Fund or discontinue the subscription during the period the advance is outstanding. (d) The advance under this sub-rule shall not count towards the number of advances which a person may take from his Provident Fund under these rules. (e) The advance will be subject to the payment of interest under these rules. 4 [ (f) The advance shall be invested in the Certificates. Bonds, or Securities aforesaid within one month of its drawal and the Maharashtra Labour Welfare Board or the Welfare Commissioner, as the case may be. shall satisfy itself or himself that the amount of the advance has been invested according to the provisions of this clause.] (g) The loan script or the certificate, as the case may be. shall be retained by the subscriber concerned provided that he shall produce it for scrutiny whenever required to do so by the authority empowered in this behalf by the Bombay Labour Welfare Board, Bombay, till such time as the advance together with interest thereon is fully repaid.] 1. Substituted by G.N. of 28-5-1965. 2. Inserted by G.N. of 17-5-1957. 3. Inserted by G.N. of 13-3-1964. 4. Substituted by G.N. of 13-3-1964 16. . :- (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, or in any case more than twenty-four. A subscriber may, at his option, make repayment in a smaller number of installments than that prescribed. Each installment shall be a number of whole rupee, the amount of the advance being raised or reduced, if necessary, to admit of the fixation of such installments. (2) Recovery shall be made in the manner provided in Rule 10 for the realisation of subscription and shall commence on the first occasion after the advance is made on which the subscriber draws emoluments other than leave salary or subsistence grant, for a full month. Recovery shall not be made, except with the subscriber's consent, while he is on leave or in receipt of subsistence grant, and may be postponed by the sanctioning authority during the recovery of an advance of pay granted to the subscriber. (3) If more than one advance has been made to a subscriber each advance shall be treated separately for the purpose of recovery. (4) (a) After the principal of the advance has been fully repaid interest shall be paid thereon at the rate of one-fifth per cent, of the principal for each month or broken portion of a month during the period between the drawal and complete repayment of the principal: Provided that Mohammadan subscribers whose deposits in the Fund carry no interest shall not be required to pay into the Fund any additional installment on account of interest on advances granted to them from the fund. (b) Interest shall ordinarily be recovered in one installment in the month after complete repayment of the principal; but if the period referred to in clause (a) exceeds twenty months, interest may, if the subscriber so desires be recovered in two equal monthly installments. The method of recovery shall be that provided in sub-rule (2). Payments shall be rounded to the nearest rupee in the manner provided in sub-rule (7) of Rule 11. (5) If an advance has been granted to a subscriber and drawn by him and the advance is subsequently disallowed before repayment is completed, the whole or balance of the amount withdrawn shall, with interest at the rate provided in Rule 14, forthwith be repaid by the subscriber to the Fund, or in default, be ordered by the Welfare Commissioner or to be recovered by deduction from the emoluments of the subscriber in lumpsum or if the authority competent to sanction an advance for the grant of which special reasons are required under clause (b) or clause (c) of Rule 15 so directs in installment not exceeding twelve : Provided that, Muhammadan subscribers whose deposits in the Fund carry no interest shall not be required to pay any interest. (6) Recoveries made under this rule shall be credited, as they are made, to the account of the subscriber in the Fund. 16A. . :- (1) Subject to the provisions of this rule, withdrawals may be sanctioned by the authority competent to sanction an advance from the fund at any time after the completion of twenty years of service (including broken periods of service, if any, and the service rendered under Government by the employee transferred to the Board under Section 13 of the Bombay Labour Welfare Fund Act, 1953) of a subscriber, or within ten years before the date of his retirement on superannuation, whichever is earlier from the amount of his subscription 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 any course beyond the High School stage ; and (ii) for medical, engineering or other technical or specialised course 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 marriage of a son or a daughter of a subscriber, and if he has no daughter, of any other female relation dependent on him ; (c) meeting the expenses in connection with the illness, including where necessary, the travelling expenses, of the subscriber or any person actually dependent on him ; (d) building or purchasing 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 the receipt of the application f o r 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 puipose 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 by utilising the sum withdrawn under clause (e); (g) for constructing or purchasing a flat on ownership basis in a building owned either by a co-operative housing society or the Maharashtra Housing Board : (h) for repaying any loan taken under the Low Income Group Housing Scheme sponsored by the Government of India ; (i) for purchasing a flat on hire-purchase basis in a building constructed either by a co-operative housing society or Maharashtra Housing Board. (2) The actual withdrawal from the Fund shall be made as soon as the format sanction is issued. (3) The withdrawal shall be permissible (a) in cases falling under clause (a) of sub-rule (1), twice in a financial year, the time-lag between the first and the second withdrawals being not less than six months ; (b) in cases falling under clause (b) of sub-rule (1), not earlier than three months from the month in which the marriage actually is to take place ; (c) in cases falling under clause (c) of sub-rule (1), once in a year; (d) in cases falling under clauses (d), (f), (g) and (i) of sub-rule (1), in not less than two and not more than four equal installments, each one to be sanctioned separately after verifying the progress of construction work : Provided that for purchasing a house including the cost of site or for 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, the amount of withdrawal shall be paid in one installment at the request of the subscriber. (4) (a) The construction of a house shall be commenced within six months of withdrawal of amount, and shall be completed within a period of one year from the date of commencement of construction. In the case of withdrawals for purchase of a ready-built house, an undisputed title to the house and the land shall be secured within three months of withdrawal: (b) The purchase of a house-site under clause (f) of sub-rule (1) shall be made within a period of one month of the withdrawal, or the withdrawal of the first installment, as the case may be. (c) The house or flat proposed to be purchased or constructed from the amount withdrawn as aforesaid shall be situated at the place of duty of the subscriber or at his intended place of residence after retirement. (d) Withdrawals shall be permissible for buildings, acquisition or redemption of one house provided the employee of the Board does not own a house at the place referred to in clause (c) of the sub-rule. (5) Withdrawals from the Fund shall be restricted to (a) in the cases falling under clauses (a) and (c) of sub-rule (1), three months' pay or half the balance of his own subscription at the credit of the subscriber, whichever is less ; (b) in the cases falling under clause (b) of sub-rule (1), three months' pay or half the balance at the credit, whichever is less, for marriage of a son ; and six months' pay or half the balance at the credit, whichever is less, for the marriage of a daughter or a female dependent; 662 (c) in the cases falling under clause (c) of sub-rule (1), one- fourth of the balance at the credit or the actual cost of the site, whichever is less ; (d) in all other cases, half the balance at the credit of the subscriber. 16B. . :- (1) Any sum withdrawn by a subscriber at any time for one or more of the purposes specified in Rule 16-A from the amount standing to his credit in the Fund shall not ordinarily exceed one-half of such amount. The sanctioning authority may, however, sanction the withdrawal of an amount in excess of this limit upto three fourths of the balance at his 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. (2) A subscriber who has been permitted to withdraw money from the Fund under Rule 16-A shall satisfy the sanctioning authority within a period specified in this behalf 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 in one lump sum together with interest thereon at the rate determined under Rule 14 by the subscriber, and in default of such payment, it shall be ordered by the sanctioning authority to be recovered from his emoluments either lumpsum or in such number of monthly installments as may be determined by the sanctioning authority. (3) In the case of construction or purchase of a house 1 [or purchase of a house-site], the subscriber shall submit in the Form set forth in the Fifth Schedule annexed hereto, an annual declaration on or before the 31st December in each year. (4) Nothing in sub-rule (2) shall be deemed to require a subscriber whose deposit in the Fund carry no interest to pay any interest on any sum payable by him under that sub-rule. 1. Inserted by G.N. of 19-9-1969. 16C. . :- A subscriber who has already drawn or may draw in future an advance under Rule 15 for any of the purposes specified in clause (a), (b) and (c) of sub-rule (1) of Rule 16-A may convert, by written request addressed to the sanctioning authority, the balance outstanding against it into a final withdrawal on his satisfying the conditions laid down in Rules 16-A and 16-B.] 17. . :- Subject to the conditions contained in Rules 18 to 25 , (a) (i) subscriptions to a Family Pension Fund approved in this behalf by Government; and (ii) payments towards an insurance policy may, at the option of a subscriber, be substituted for the whole or part of subscriptions to the fund; "(b) The amount of subscriptions with interest thereon standing to the credit of a subscriber in the Fund may be withdrawn to meet (i) payments towards an insurance policy ; (ii) purchase of single insurance policy ; (iii) payment of a single premium or subscriptions to such a Family Pension Fund as already approved or as may be approved by the Board for purposes of the Contributory Provident Fund : Provided that no amount shall be withdrawn (1) before the details of the proposed policy have been submitted to the Welfare Commissioner and accepted by him as suitable ; or (2) to meet any payment or purchase made or effected more than twelve months before the withdrawal ; or (3) in excess of the amount required to meet a premium or subscriptions actually due for payment within six months of the date of withdrawal: Provided further that payments towards an educational endowment policy may not be substituted for, subscriptions to the fund and that no amounts may be withdrawn to meet any payment or purchase in respect of such a policy if that policy is due for payment in whole or part before the subscriber's age of normal superannuation. (c) any amount withdrawn under clause (b) shall be paid in whole rupees only rounded to the nearest rupee in the manner provided in sub-rule (7) of Rule 11. 18. . :- (1) If the total amount of any subscriptions or payments substituted under clause (a) of Rule 17 is less than the amount of the minimum subscriptions payable to the Fund under Rule 8 the difference shall be rounded off to the nearest rupee in the manner provided in sub-rule (7) of Rule 11 and paid by the subscriber as a subscription to the Fund. (2) If the subscriber withdraws any amount standing to his credit in the Fund for any of the purposes specified in clause (b) of Rule 17, he shall, subject to his option under clause (a) of that rule, continue to pay to the Fund the subscription payable under Rule 8. 19. . :- (1)A subscriber who desires to substitute a subscription or payment under clause (a) of Rule 17 may reduce his subscription to the Fund accordingly : Provided that the subscriber shall (a) intimate to the Welfare Commissioner, on his pay bill or by letter, the fact of, and reason for, the reduction ; (b) send to the Welfare Commissioner, within such period as the Welfare Commissioner may require, receipts or certified copies of receipts in order to satisfy the Welfare Commissioner 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 Welfare Commissioner by letter; (b) make arrangements with the Welfare Commissioner for the withdrawal; (c) send to the Welfare Commissioner, within such period as the Welfare Commissioner may require, receipts or certified copies of receipts in order to satisfy the Welfare Commissioner that the amount withdrawn was duly applied for the purposes specified in clause (b) of Rule 17. (3) The Welfare Commissioner shall order the recovery of any amount by which subscriptions have been reduced, or of any amount withdrawn, in respect of which he has not been satisfied in the manner required by clause (b) of the proviso to sub-rule (1) and clause (c) of sub-rule (2), with interest thereon at the rate provided in Rule 14 from the emoluments of the subscriber and place it to the credit of the subscriber in the Fund. 20. . :- (1) The Board shall not make any payments on behalf of subscribers to insurance companies, nor take steps to keep a policy alive. (2) It is immaterial what form the policy takes, provided that it shall be one effected by the subscriber himself on his own life and shall (unless it is a policy 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 himself to the Board. Explanation 1 A policy on the joint lives of the subscriber and his wife shall be deemed to be a policy on the life of the subscriber himself 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 the policy is first reassigned to the subscriber or the subscriber and his wife both join in an appropriate assignment. (3) The policy may not be effected for the benefit of any beneficiary other than the wife of the subscriber or his wife and children or any of them. 21. . :- (1) The policy, within three months 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 Welfare Commissioner, if he is satisfied by the production of the completion certificates (interim receipt), may fix shall (a) unless it is a policy expressed on the face of it to be for the benefit of the wife of the subscriber, or of his wife and children, or any of them, be assigned to the Board, as security, for the payment of any sum which may become payable to the fund under Rules 23 to 25. and delivered to the Welfare Commissioner, the assignment being made by endorsement on the policy in Form (1) or Form (2) or Form (3) of the Forms in the Second Schedule according as the policy is on the life of the subscriber or on the joint lives of the subscriber and his wife or the policy has previously been assigned to the subscriber's wife ; (b) if it is a policy expressed on the face of it to be for the benefit of the wife of the subscriber, or of his wife and children, or any of them, be delivered to the Welfare Commissioner. (2) The Welfare Commissioner shall satisfy himself by reference to the insurance company, where possible, that no prior assignment of the policy exists. (3) Once a policy has been accepted by Welfare Commissioner for the purpose of being financed from the Fund, the terms of the policy shall not be altered nor shall the policy be exchanged for another policy without the prior consent of the Welfare Commissioner to whom details of the alteration or of the new policy shall be furnished. (4) If the policy is not assigned and delivered, or delivered, within the said period of three months or such further period as the Welfare Commissioner may, under sub-rule (1), have fixed, any amount withheld or withdrawn from the Fund in respect of the policy shall, with interest thereon at the rate provided in Rule 14, forthwith be paid or repaid, as the case may be, by the subscriber, to the Fund, or in default be ordered by the Welfare Commissioner to be recovered by deduction from the emoluments of the subscriber by installments or otherwise, as the authority competent to sanction as advance for the grant of which special reasons are required under clause (b) or clause (c) of Rule 15. (5) Notice of assignment of the policy shall be given by the subscriber to the insurance company, and the acknowledgement of the notice by the insurance company shall be sent to the Welfare Commissioner within three months of the date of assignment. 22. . :- 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 default recovered by deduction from his emoluments by installments or otherwise as may be directed by the authority specified in sub-rule (1) of Rule 15 as competent to grant advances to such subscriber under that rule. 23. . :- (1) Save as provided by sub-rule (3) of Rule 25, when the subscriber (a) quits the service, or (b) has proceeded on leavy preparatory to retirement and applies to the Welfare Commissioner for re-assignment or return of the policy, or (c) while on leave, has been permitted to retire or declared by competent medical authority to be unfit for further service and applies to the Welfare Commissioner for re-assignment or return of the policy, or (d) pays or repays to the Fund the whole of any amount with- held or withdrawn from the Fund for any of the purposes mentioned in sub- clause (ii) of clause (a) and sub-clauses (i) and (ii) of clause (b) or Rule 17, with interest thereon at the rate provided in Rule 14, the Welfare Commissioner shall (i) if the policy has been assigned to the Board under Rule 21, re-assign the policy in the first Form set forth in the Third Schedule to the subscriber or to the subscriber and the joint assured, as the case may be, and make it over to the subscriber together with a signed notice of the reassignment addressed to the insurance company ; (ii) if the policy has been delivered to him under clause (b) of sub-rule (1) of Rule 21, make over the policy to the subscriber : Provided that if the subscriber, after proceeding on leave preparatory to retirement, or after being, while on leave, permitted to retire or declared by competent medical authority to be unfit for further service, returns to. duty, any policy so re-assigned or made over shall, if it has not matured or been assigned or charged or encumbered in any way, be again assigned to the Board and delivered to the Welfare Commissioner, or again be delivered to the Welfare Commissioner, as the case may be, in the manner provided in Rule 21 and thereupon the provisions of these rules shall, so far as may be, again apply in respect of the policy : Provided further that, if the policy has matured or been assigned or charged or encumbered in any way, the provisions of sub-rule (4) of Rule 21 applicable to a failure to assign and deliver a policy shall apply. (2) Save as provided by sub-rule (3) of Rule 25, when the subscriber dies before quitting the service, the Welfare Commissioner shall (i) if the policy has been assigned to the Board under Rule 21, re-assign the policy in the second Form set forth in the Third Schedule to such person as may.be legally entitled to receive it. and shall make over the policy to such persons together with a signed notice of the re-assignment addressed to the insurance company ; (ii) if the policy has been delivered to him under clause (b) of sub-rule (1) of Rule 21, make over the policy to the beneficiary, if any, or if there is not beneficiary to such person as may be legally entitled to receive it. 24. . :- (1) If a policy assigned to the Board under Rule 21 matures before the subscriber quits the service, or if a policy on the joint lives of a subscriber and his wife assigned under the said rule, falls due for payment by reason of the wife's death, the Welfare Commissioner shall, save as provided by sub-rule (3) of Rules 25, proceed as follows : (i) if the amount assured together with the amount of any accrued bonuses is greater than the whole of the amount withheld or withdrawn from the fund in respect of the policy with interest thereon at the rate provided in Rule 14, the Welfare Commissioner shall re-assign the policy in the Form set forth in the Fourth Schedule to the subscriber or to the subscriber and the joint assured as the case may be, and make it over to the subscriber, who shall pay or repay to the Fund the whole of any amount with-held or withdrawn with interest and in default the provisions of sub-rule (4) of Rule 12 applicable to a failure to assign and deliver a policy shall apply. (ii) if the amount assured together with the amount of any accrued bonuses is less than the whole of the amount withheld or withdrawn with interest, the Welfare Commissioner shall realise the amount assured together with any accrued bonuses and shall place the amount so realised to the credit of the subscriber in the Fund. (2) Save as provided by sub-rule (3) of Rule 25, if a policy delivered to the Welfare Commissioner under clause (b) of sub-rule (1) of Rule 21 matures before the subscriber quits the service, the Welfare Commissioner shall make over the policy to the subscriber: Provided that if the interest in the policy of the wife of the subscriber, or of his wife and children, or any of them, as expressed on the face of the policy, expires when the policy matures, the subscriber, if the policy monies are paid to him by the Insurance Company, shall immediately on receipt thereof pay or repay to the Fund either (i) the whole of any amount withheld or withdrawn from the Fund in respect of the policy with interest thereon at the rate provided in Rule 14, or (ii) an amount equal to the amount assured together with any accrued bonuses, whichever is less, and, in default, the provisions of sub-rule (4) of Rule 21 applicable to a failure to assign and deliver a policy, shall apply. 25. . :- (1) If the interest of the subscriber in the family pension fund ceases in whole or part from any cause whatsover, the provident fund account of the subscriber shall forthwith be reimbursed by the amount of the refund, if any, 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 cometent to grant advances to such subwscriber under Rule 15. (2) If the policy lapses or becomes assigned otherwise than to the Board, under Rule 21, charged or encumbered, the provisions of sub-rule (4) of Rule 21 applicable to a failure to assign and deliver a policy shall apply. (3) If the Welfare Commissioner receives a notice of (a) an assignment other than an assignment to the Board under Rule 21, or (b) a charge or encumbrance on, or (c) an order of a Court restraining dealings with the policy or any amount realised thereon. the Welfare Commissioner shall not (i) re-assign or make over the policy as provided in Rule 23. of (ii) realise the amount assured by the policy, or re-assign or make over the policy, as provided in Rule 24 but shall forthwith refer the matter to Government through the Board. 26. . :- Notwithstanding anything contained in these rules, if the sanctioning authority is satisfied that money drawn as an advance from the Fund under clause (a) of Rule 15 or withheld or withdrawn from the 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 or 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 the subscriber to the Fund, or in default, be ordered to be recovered by deduction in one 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. 27. . :- When a subscriber quits the service, the amount standing to his credit in the Fund shall, subject to any deduction under Rule 30, becomes payable to him : Provided that a subscriber, who has been dismissed from the service and is subsequently reinstated in the service, shall, if required to do so by the Board, repay any amount paid to him from the Fund in pursuance of this rule, with interest thereon at the rate provided in Rule 14 in the manner provided in the proviso to Rule 28. The amount so repaid shall be credited to his account in the Fund, the part which represents his subscriptions and interest hereon, and the part which represents the contribution of the Board with interest thereon, being accounted for the manner provided in Rule 6. 28. . :- When a subscriber (a) has proceeded on leave preparatory to retirement; or (b) while on leave, has been permitted to retire or declared by a competent medical authority to be unfit for further service, the amount of subscription and interest thereon standing to his credit in the fund shall, upon application made by him in that behalf to the Welfare Commissioner, become payable to the subscriber : Provided that the subscriber, if he returns to duty, shall, if required to do so by the 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 rule, with interest thereon at the rate provided in Rule 14 in cash or securities or partly in cash and partly in securities by installments or otherwise, by recovery from his emoluments or otherwise, as the Board may direct. 29. . :- Subject to any deductions under Rule 30. on the death of a subscriber before the amount standing to his credit has become payable, or. if 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 5 in favour of a mamber or members of his family subsists, the amount standing to his credit in the Fund or the part thereof to which the nomination relates, shall become payable to his nominee or nominees in the proportion specified in the nomination : (b) if no such nomination in favour of a 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 the part thereof to which the nomination does not relate, as the case may be. shall, notwithstanding any nomination purporting to be in favour of any person or persons other than a member or members of his family, become payable to the members of his family in equal shares : Provided that no share shall be payable to (1) sons who have attained legal majority ; (2) sons of a deceased son who have attained legal majority ; (3) married daughters whose husbands are alive ; (4) married daughters of a deceased son whose husbands are alive ; if there is any member of the family other than those specified in clauses (1), (2), (3) and (4) : Provided further that the widow or widows and the child or children of a deceased son shall receive between them in equal parts only the share which that son should have received if he had survived the subscriber and had been exempted from the provisions of clause (1) of the first proviso ; (ii) when the subscriber leaves no family, if a nomination made by him in accordance with the provisions of Rule 5 in favour of any person or persons subsists, the amount standing to his credit in the Fund or the part thereof, to which the nomination relates, shall become payable to his nominee or nominees in the proportion specified in the nomination. 30. . :- Subject to the condition that no deduction may be made which reduces the credit by more than the amount of any contribution by te Board with interest thereon credited under Rules 11 and 14, before the amount standing to the credit of a subscriber in the Fund is paid out of the Fund, the Board may direct the deduction therefrom and payment to the Board of (a) any amount, if a subscriber has been dismissed from the service for grave misconduct: Provided that if the order of dismissal is subsequently cancelled, the amount so deducted shall, on his reinstatement in the service, be replaced at his credit in the Fund ; (b) any amount, if a subscriber resigns his employment under the Board within five years of the commencement thereof otherwise than by reason of superannuation or a declaration by a competent medical authority that he is unfit for further service : Provided that in respect of the former permanent Government servants taken over and employed by the Board under Section 13 of the Act, the date of commencement of service under Government shall be deemed to be the date of commencement of service under the Board for the purposes of this Rule; (c) any amount due under a liability incurred by the subscriber to the Board. 31. . :- (1) When the amount standing to the credit of a subscriber in the Fund, or the balance thereof after any deduction under Rule 30, becomes payable, it shall be the duty of the Welfare Commissioner after satisfying himself, when no such deduction has been directed under that rule that no deduction is to be made, 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 polciy 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 (IV of 1912), the payment or re-assignment or delivery shall 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 Welfare Commissioner, Payment of amounts withdrawn shall be made in India only. The person to whom the amounts are payable shall make their own arrangements to receive payment in India. (4) When the amount standing to the credit of a subscriber has become payable under Rule 27, 28 or 29, the Welfare Commissioner shall authorise prompt payment of that portion of the amount standing to the credit of a subscriber in regard to which there is no dispute or doubt, the balance being adjusted as soon as thereafter as may be. 32. . :- 1All sums paid into the Fund under these rules shall be credited in the books of the Board to an account named 2[The Maharashtra Labour Welfare Board 3[Contributory Provident Fund Account]". Sums of which payment has not been taken within six months after they become payable under these rules shall be transferred to deposits 4 [after 31 st March of that year] and treated under the ordinary rules relating to deposits.] 1. Substituted by G.N. of 22-1-1963. 2. Substituted by G.N. of 28-5-1965. 3. Substituted by G.N. of 28-2-1964. 4. Substituted by G.N. of 28-5-1965. 33. . :- When paying a subscription 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 Welfare Commissioner. Any change in the number shall similarly be communicated to the subscriber by the Welfare Commissioner. 34. . :- (1) As soon as possible after the 31 st March of each year, the Welfare Commissioner shall send to each subscriber a statement of his account in the Fund, showing the opening balance as on the 1 st April of the year, the total amount credited or debited during the year, the total amount of interest credited as on the 31 st March of the year and the closing balance on that date. The Welfare Commissioner shall attach to the statement of account an enquiry whether the subscriber (a) desires to make any alteration in any nomination made under Rule 5 ; (b) has acquired a family (in cases where the subscriber made no nomination in favour of a member of his family under the proviso to sub-rule (1) of Rule 5.) (2) Subscribers should satisfy themselves as to the correctness of the annual statement, and errors should be brought to the notice of the Welfare Commissioner within six months from the date of receipt of the statement. (3) The Welfare Commissioner shall, if required by subscriber, once, but not more than once, in a year, inform the subscriber of the total amount standing to his credit in the Fund at the end of the last month for which his account has been written up. SCHEDULE 1 Forms of Nomination FIRST SCHEDULE [See Rule 5 (3)] Forms of Nomination When the subscriber has a family and wishes to nominate one member thereof I hereby nominate the person mentioned below, who is a member of my family as defined in Rule 2 of the Bombay Labour Welfare Board Contributory Provident Fund Rules. 1955, to receive the amount that may stand to my credit in the fund, in the event of my death before that amount has become payable, or having become payable, has not been paid : Name and address of nominee Relationship with subscriber Age Contingencies on the happening of which the nomination shall become invalid Name, address and relationship of the person, if any, to whom the right of the nominee shall pass in the event of his pre-deceasing the subscriber (1) (2) (3) (4) (5) SCHEDULE 2 Forms of Assignment SECOND SCHEDULE (See Rule 21) Forms of Assignment (1) I. A.B. of______________________________________ hereby assign unto the Board the within policy of assurance as security for payment of all sums which under sub-rule (2) of Rule 23 of the Bombay Labour Welfare Board Contributory Provident Fund Rules. 1955, I may hereafter become liable to pay to the Maharashtra Labour Welfare Board Contributory Provident Fund. I hereby certify that no prior assignment of the within policy exists. Dated this________ _____ day of _____ _ ____ 19___ . Signature of subscriber. Station One witness to signature. (2) We, A.B. (the subscriber) of_____________________________________________and C. D. (the joint assured) of__________________________________________in consideration of the Board agreeing at our request to accept payments towards the within policy of assurance in substitution for the subscriptions payable by me the said A. B., to the Maharashtra Labour Welfare Board Contributory Provident Fund (or, as the case may be, to accept the withdrawal of the sum of Rs.___________________________from the sum to the credit of the said A.B., in the Bombay Labour Welfare Board Contributory Provident Fund for payment of the premium of the within policy of assurance); hereby jointly and severally, assign unto the said Board the within policy of assurance as security for payment of all sums which under sub-rule (2) of Rule 25 of the Bombay Labour Welfare Board Contributory Provident Fund Rules, 1955, the said A.B. may hereafter become liable to pay that fund. We hereby certify that no prior assignment of the within policy exists. Dated this_____________ day of______________ 19___ . Signature of subscriber and the joint assured. Station One witness to signature. (3) I, C.D., wife of A.B., and the assignee of the within policy, having, at the request of A.B. the assured, agreed to release my interest in the policy in favbour of A.B., in order that A.B. may assign the policy to the Board who has agreed to accept payments towards the within policy of assurance in substitution for the subscriptions payable by A.B., to the ' [Maharashtra | Labour Welfare Board Contributory Provident Fund, hereby at the request and by the direction of A.B. assign, and I, the said A.B., assignand confirm unto the Board the within policy of assurance as security, for payment of all sums which under sub-rule (2) of Rule 25 of the Bombay Labour Welfare Board Contributory Provident Fund Rules, 1955, the said A.B. may hereafter become liable to the fund. We hereby certify that no prior assignment of the within policy exists. Dated this_____________ day of______________ 19___ . Signature of assignee and the subscriber. Station One witness to signature. SCHEDULE 3 Forms of re-assignment and assignment by the Maharashtra Labour Welfare Board THIRD SCHEDULE (See Rule 23) Forms of re-assignment and assignment by the Maharashtra Labour Welfare Board (1) A.B. All sums which have become payable by the abovenamed______________ A.B. and C.D. fare Board Contributory Provident Fund Rules, 1955, having been paid and all liability for payment by him of any such sums in the future having ceased the Board doth hereby re-assign A.B. the within policy of assurance to the said__________________ A.B. and C.D. Dated this_____________ day of______________ 19___ . Executed by Welfare Commissioner for and on behalf of the Maharashtra Labour Welfare Board in the presence of XY (Signature of the Welfare Commissioner) YZ (one witness who should add his designation and address) (Fill in particulars of the person legally entitled to receive the policy) SCHEDULE 4 Form of re assignment by the Maharashtra Labour Welfare Board FOURTH SCHEDULE (See Rule 24) Form of re-assignment by the Maharashtra Labour Welfare Board A.B. The Board doth hereby re- assign the within policy to the said.............................. A.B. andC.D. Dated this________________ day of________________ 19____ . Executed by Welfare Commissioner for and on behalf of the Maharashtra Labour Welfare Board in the presence of XY (Signature of the Welfare Commissioner) YZ (one witness who should add his designation and address) SCHEDULE 5 Form of annual declaration FIFTH SCHEDULE [SeeRulel6- B(3)] Form of annual declaration I hereby declare that the house constructed/purchased/ house-site purchased by me with the amount withdrawn by me from the amount standing to my credit in the Fund has not been transferred by me by way of sale, mortgage, exchange or gift or on lease for a term exceeding three years or otherwise hosoever without previous permission of the sanctionning authority in writing and that if called upon to do so, I undertake to produce before the sanctioning authority tax receipts, title deeds and such other documents, as may be specified by the said authority showing that the house remains in my sole and absolute ownership. Dated this________________ day of________________ 19____ . Witnesses (with address) 1.____________________________________ 2. __________________________________ Signature______________________ Designation_____________________