The Maharashtra Housing and Area Development Authority Contributory Provident Fund Rules, 1985 17

Section 17 · Withdrawals from the fund

(1)

(A)

Subject to the provisions of this rule, final withdrawals maybe sanctioned by the Appropriate Authority specified in the Fifth Schedule at any time after the completion of fifteen years of service (including broken periods of service, if any) of a subscriber or within ten years before the date of his retirement on superannuation whichever is earlier, from the amount standing to his credit in the fund, for one or more of the following proposes:-

(a)

(i)

building or (ii) purchasing a suitable house for his residence, including the cost of the site, or (iii) repaying any outstanding amount on account of the loans expressly taken for this purpose, (iv) reconstructing or making additions or alterations to a house already owned or acquired by a subscriber;

Note. - Withdrawal under this sub-clause shall also be allowed where the house site or house is in the name of wife or husband provided she or he is the first nominee to receive the fund money in the nomination made by the subscriber.

(b)

for purchasing a house site or repaying any outstanding amount on account of loan expressly taken for this purpose;

(c)

for constructing a house on a site purchased by utilising the sum withdrawn under clause (b);

(d)

for constructing or purchasing a flat on ownership basis in a building owned either by a co-operative society or by the Authority, or City and Industrial Development Corporation of Maharashtra Limited;

(e)

for purchasing a flat on hire-purchase basis in a building constructed either by a cooperative society or the Authority or City and Industrial Development Corporation of Maharashtra Limited;

(f)

for repaying any loan taken under the Low Income Group Housing Scheme sponsored by the Government of India;

(g)

for acquiring a farm land or business premises or both within six months before the date of subscriber's retirement;

(B)Subject to the provision of this rule, final withdrawals may be sanctioned by the Appropriate Authority specified in the Fifth Schedule at any time after the completion of twenty years of service (including broken periods of service, if any) of a subscriber or within ten years before the date of his retirement on superannuation whichever is earlier, from the amount standing to his credit in the fund, for one or more of the following purposes:-

(a)for meeting the cost of higher education including where necessary the travelling expenses of the subscriber or any child of the subscriber 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 in India beyond High School stage;

(b)for meeting expenditure in connecting with the betrothal or marriage of the subscriber or his sons or daughters or any under female relation actually dependent on him;

(c)for meeting expenses in connection with an illness including where necessary the travelling expenses of the subscriber and members of his family or any person actually dependent on him.

(C)Subject to the provision of this rule, final withdrawals may be sanctioned by the Appropriate Authority specified in the Fifth Schedule at any time after the completion of twenty-five years of service (including broken period or who have less than five years to attain the age of superannuation from the amount standing to his credit in the fund for purchasing a motor car for the purpose, subject to the following conditions:-

(i)the officer's pay is Rs. 1,000.00 or more.

(ii)the amount of withdrawal is limited to Rs. 16,000 or one-third of the amount of subscription with interest thereon standing to the credit of the subscriber in the C. P. F. or the actual price of the car, whichever the least. The sanctioning authority may, however, 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, if considered necessary as a special case.

(D)Final withdrawal for paying deposit for registering the name for the purchase of Motor Car/Motor Cycle/Scooter/Moped etc., subject to the following conditions:-

(i)The officer's basic monthly pay should be Rs. 1,500 or above for registering the name for the purchase of motor car. For purchasing motor bike, scooter, etc., the officer's monthly basic pay should be Rs. 500 or above. (Here basic pay means pay as defined in Maharashtra Civil Services Rules, 1981. It excludes special pay, dearness pay and other increments or similar type of pay but it will include professional allowance).

(ii)The money amounting to Rs. 10,000 for motor car or Rs. 500 for motor cycle etc., or the half of the amount in the subscriber's account or the exact amount required for registering the name for purchase of motor car/motor bike etc., whichever is less can be withdrawn.

(2)

The withdrawals shall be permissible,-

(a)

In cases falling under clauses (a), (c), (d) or (e) of sub-rule (1)(A) is not less than two and not more than four equal instalments each one to be sanctioned separately after verifying the progress of construction of work :

Provided that, for purchasing a house including the cost of site or for purchasing on ownership basis, any flat which is ready for occupation at the time of withdrawal or for repaying any outstanding amount on account of loan expressly taken for any of the said purposes; the amount of withdrawal shall be paid in one instalment at the request of the subscriber.

(b)

In cases falling under clause (B) of sub-rule (1) in suitable instalments to be specified by the subscriber, each one to be sanctioned separately after verifying that the earlier one was fully utilised for the purpose for which it was sanctioned.

Note. - A refundable advance drawn for the same purpose shall be deemed as a final withdrawal for the purpose of this clause.

(c)

In cases falling under sub-clause (c) of clause (b) of sub-rule (1) not earlier than three months from the month in which the marriage actually is to take place.

(d)

In cases falling under sub-clause (c) of clause (b) of sub-rule (1) once in a year.

(3)

(a)

The construction of a house shall be commenced within six months of withdrawal of the amount and shall be completed within a period of one year from the date of commencement of construction. In the case of withdrawal for purchase of a ready built house, an undisputed title to the house and the land shall be secured within three months of the withdrawal.

(iii)Receipt will have to be produced regarding deposit within a month otherwise amount will have to be returned.

(iv)As a special case, the Secretary of the H. & S. A. Department may sanction refundable advance to that officer who has not more than six months for completing his 15 years service. The refundable advance may be recovered by 36 maximum instalments.

(v)The officer who has been sanctioned refundable advance and he after completing 15 years service can transfer this from refundable to final withdrawal.

(vi)Under this scheme final withdrawal is permissible only for once.

(b)

The purchase of a house site under clause (b) of sub-rule (1) shall be made with a period of one month of the withdrawal, or the withdrawal of the first instalment, 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)

Withdrawal shall be permissible for building, acquisition or redemption of one house only, and in these cases only where the subscriber does not already own a house at the place referred to in clause (c) of this sub-rule.

(4)

Any sum withdrawn by the subscriber at any time for one or more of the purposes specified in rule 17(1) from the amount standing to his credit in the fund shall not ordinarily exceed one-half or the amount of subscription and interest thereon or six month's pay whichever is less. The sanctioning authority may for sufficient reasons to be recorded in writing however sanction the withdrawal of an amount in excess of this limit upto ¾ th of the balance at his credit in the fund having due regard to (i) the object for which the withdrawal is being made, (ii) status of the subscriber, (iii) the amount to his credit in the fund :Provided that, in the case of subscriber who has availed himself of an advance from any other source the sum withdrawn under this sub-rule together with the amount of advance taken from such source shall not exceed rupees one lakh or 80 times the monthly pay, whichever is less.

(5)

A subscriber who has been permitted to withdraw money in full or in part from the fund under this rule 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 by the subscriber, 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 instalments as may be determined by the sanctioning authority.

(6)

In the case of construction or purchase of a house, the subscriber shall not part with the possession of the house so built or acquired or house site so purchased, by way of sale, mortgage, gift, exchange or lease for a term exceeding three years or otherwise however without the previous permission of the sanctioning authority and shall submit in the forms set forth in the Sixth Schedule an annual declaration on or before the 31st December in each year and shall, if required, produce before the sanctioning authority on or before the date specified by that Authority in that behalf, the original sale deed and other documents on which his title to the property is based. If at any time before retirement, he parts with the possession of the house or house site without obtaining the previous permission of the sanctioning authority, the sum withdrawn by him shall forthwith be repaid in one lump sum by the subscriber to the fund and in default of such repayments it shall be ordered by the sanctioning authority, to be recovered from his emoluments either in one lump sum or in such number of monthly instalments, as may be determined by the sanctioning authority.

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