'File 15/31 India Provident Fund: creation of sterling branches' [‎6r] (13/88)

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FINANCE DEPARTMENT.
NOTIFICATION.
'New Delhi, the 28th March 1934.
No. F. 22-11-11. 11/34. —In exercise of the
powers conferred by sub-rule (2) of rule 33, rules
37 and 42 and clause (d) of rule 44 of the Civil
Services (Classification, Control and Appeal)
Rules, the Governor General in Council hereby
makes the following rules, namely: —
1. (1) These rules may be called the Centra l
Services (India Provident Fund) (Sterling
Accounts) Rules, 1^34.
(2) They shall come into force on the Ist April
1934.
2. These Rules shall apply in respect of the
account in a Provident Fund specified in the
Schedule of any Government servant, who—
(1) is entitled under rule 3 to elect and has
elected in accordance with rule 4 to be
governed by these Rules, or
(2) is declared by the Governor General in
Council under rule 5 to be governed by
these Rules.
3. The following Government servants shall be
entitled to elect to be governed by these Rules—
(а) any Government servant in service on
the date on which these Rules come
into force who is, or has at any time
been, eligible to draw overseas pay and
either was on that date a subscriber to
a Provident Fund specified in the
Schedule or subsequently becomes a
compulsory subscriber to such Provi
dent Fund;
(б) any member of the police service in ser
vice on the date on which these rules
come into force who is of non-Asiatic
domicile;
(c) any Government servant appointed after
the date on which these Rules come
into force who is of non-Asiatic domicile
on the date of his appointment and is
recruited outside India and is from the
date of his appointment or subsequently
becomes a compulsory subscriber to a
Provident Fund specified in the
Schedule.
4. (1) A Government servant entitled to elect
under clause (a) or (b) of rule 3 who, on the date
on which these Rules come into force, is a subs
criber to a Provident Fund specified in the
Schedule shall notify his decision within six
months after that date, or, if he is on leave on
that date, within six months after his return
from leave.
(2) A Government servant entitled to elect
under clause (a) or (b) of rule 3 who is not a
subscriber to a Provident Fund specified in the
Schedule on the date on which these Rules come
into force but subsequently becomes a compul
sory subscriber to such fund shall notify his
decision on, or as soon as may be after, becom
ing such subscriber.
(3) A Government servant entitled to elect
under clause (c) of rule 3 shall notify his deci
sion on or as soon as may be after joining his
first appointment or becoming a compulsory
subscriber to a Provident Fund specified in the
Schedule, as the case may be.
(4) Any decision notified under this rule shall
be notified to the Account Officer by a letter, the
receipt of which shall forthwith be acknowledged
in writing by the Account Officer.
(5) If an officer omits to notify his decision
in a case to which sub-rule (1) applies within the
period specified therein, in a case to which sub-
rule (2) applies within thirty days of becoming
a compulsory subscriber and in a case to which
sub-rule (3) applies within thirty days of joining
his first appointment or becoming a compulsory
subscriber, as the case may be, he shall be
deemed to have elected not to be governed by
these Rules.
(6) Any election made or deemed to have been
made under this rule shall be final.
5. The Governor General in Council may at
his discretion, on application made in this
behalf, declare that a Government servant in
service on the date on which these Rules come
into force, not being entitled to elect under Rule
3, who—
(а) was of non-Asiatic domicile on the date
of his appointment to the service, or
(б) prior to the coming into force of these
Rules, was entitled to elect and did
elect to have his Provident Fund
account kept on a sterling basis, and
did not subsequently elect to have his
Provident Fund kept on a rupee basis,
shall be governed by these Rules:
Provided that, in a case to which clause (6)
applies, the Governor General in Council may
annex to the declaration such conditions, if any,
as he may see fit to impose.
6. The date with effect from which these
Rules shall apply in respect of any Government
servant governed thereby shall be—
(a) in the case of a Government servant in
service and subscribing to a Provident
Fund specified in the Schedule on the
date on which these Rules come into
force,—that date;
(h) in the case of a Government servant in
service but not subscribing to such a
Provident Fund on the date on which
these Rules come into force but who
subsequently enters a service in which
subscription to such a Provident Fund
is compulsory—the date on which he
becomes a subscriber to such Provident
Fund:
•
(c) in the case of a Government servant
declared under rule 5 to be governed by
these Rules,—the date on which these
Rules come into force;