Rule 35 - GPF Transfer on Govt. Job Change
Original Rule Text
Rule 35, shall also be allowed interest at 4 per cent, if he had been receiving that rate of interest under the rules of such other Fund under a provision similar to that of the first proviso to this rule. (2) Interest shall be credited with effect from last day in each year in the following manner:-
(i) on the amount to the credit of a subscriber on the last day of the preceding year, less any sums withdrawn during the current years - interest for twelve months;
(ii) on sums withdrawn during the current year - interest from the beginning of the current year up to the last day of the month preceding the month of withdrawal;
(iii) on all the sums credited to the subscriber's account after the last day of the preceding year - interest from the date of deposit up to the end of the current year;
(iv) the total amount of interest shall be rounded to the nearest whole rupee (fifty paise counting as the next higher rupee):
Provided that when the amount standing to the credit of a subscriber has become payable, interest shall thereupon be credited under this 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, up to the date on which the amount standing to the credit of the subscriber became payable.
(3) In this rule, the date of deposit shall in the case of recoveries from emoluments be deemed to be the first day of the month in which it is recovered, and in the case of amounts forwarded by the subscriber, shall be deemed to be the first day of the month of receipt, it is received on or after the fifth day of that month, the first day of the next succeeding month:
Provided that where there has been delay in the drawal of pay or leave salary and allowances of a subscriber and consequently in the recovery of his subscription towards the Fund, the interest on such subscriptions shall be payable from the month in which the pay or leave salary of the subscriber was due under the rules, irrespective of the month in which it was actually drawn:
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Provided further that in the case of an amount forwarded in accordance with the proviso to sub-rule (2) of Rule 10, the date of deposit shall be deemed to be the first day of the month if it is received by the Accounts Officer before the fifteenth day of that month:
Provided further that where the emoluments for a month are drawn and disbursed on the last working day of the same month, the date of deposit shall, in the case of recovery of his subscriptions, be deemed to be the first day of the succeeding month.
(4) In addition to any amount to be paid under Rules 31, 32 or 33, interest thereon up to the end of the month preceding that in which the payment is made, or up to the end of the sixth month after the month in which such amount, became payable whichever of these periods be less, shall be payable to the person to whom such amount is to be paid:
Provided that where the Accounts Officer has intimated to that person (or his agent) a date on which he is prepared to make payment in cash, or has posted a cheque in payment to that person, interest shall be payable only up to the end of the month preceding the date so intimated, or the date of posting the cheque, as the case may be:
Provided further that where a subscriber on deputation to a body corporate, owned or controlled by the Government or an autonomous organization registered under the Societies Registration Act, 1860 (21 of 1860), is subsequently absorbed in such body corporate or organization with effect from a retrospective date, for the purpose of calculating the interest due on the Fund accumulations of the subscriber, the date of issue of the orders regarding absorption shall be deemed to be the date on which the amount to the credit of the subscriber became payable subject, however, to the condition that the amount recovered as subscription during the period commencing from the date of absorption and ending with the date of issue of orders of absorption shall be deemed to be subscription to the Fund only for the purpose of awarding interest under this sub-rule.
NOTE.- Payment of interest on the Fund balance beyond a period of 6 months may be authorized by-
(a) the Head of Accounts Office (which expression includes the Pay and Accounts Officer, where there is one) up to a period of one year; and
(b) the immediate superior to the Head of Accounts Office (which expression includes a Controller of Accounts, where there is one or the Financial Adviser to the concerned Administrative Ministry or Department) up to any period;
after he has personally satisfied himself that the delay in payment was occasioned by circumstances beyond the control of the subscriber or the person to whom such payment was to be made, and in every such case the administrative delay involved in the matter shall be fully investigated and action, if any required taken.
(5) Interest shall not be credited to the account of a subscriber if he informs the Accounts Officer that he does not wish to receive it; but if he subsequently asks for interest, it shall be credited with effect from the first day of the year in which he asks for it.
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(6) The interest on amounts which under sub-rule (3) of Rule 10, Rule 31 or Rule 32 are replaced to 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.
(7) In case a subscriber is found to have drawn from the Fund an amount in excess of the amount standing to his credit on the date of the drawal, the overdrawn amount, irrespective of whether the overdrawal occurred in the course of an advance or a withdrawal or the final payment from the Fund, shall be repaid by him with interest thereon in one lump sum or in default, be ordered to be recovered, by deduction in one lump sum, from the emoluments of the subscriber. If the total amount to be recovered is more than half of the subscriber's emoluments, recoveries shall be made in monthly instalments of moieties of his emoluments till the entire amount together with interest is recovered. For this sub-rule, the rate of interest to be charged on overdrawn amount would be 2 ½% over and above the normal rate on Provident Fund balance under subrule(1). The interest realized on the overdrawn amount shall be credited to Government account, under a distinct sub-head "Interest on overdrawals from Provident Fund" under the Head "049-Interest Receipts-C-Other interest receipts of Central Government - Other Receipts".
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RULE-12:ADVANCES FROM THE FUND
12. Advances from the fund - (1) The appropriate sanctioning authority may sanction the payment to any subscriber of an advance consisting of a sum of whole rupees and not exceeding in amount three months' pay or half the amount standing to his credit in the Fund, whichever is less, for one or more of the following purposes:-
(a) to pay expenses in connection with the illness, (confinement) or a disability, including where necessary, the travelling expenses of the subscriber and members of his family or any person actually dependent on him;
(b) to meet cost of higher education, including where necessary, the travelling expenses of the subscriber and members of his family or any person 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 specialized course in India beyond the High School stage, provided that the course of study is for not less than three years;
(c) to pay obligatory expenses on a scale appropriate to the subscriber's status which by customary usage the subscriber has to incur in connection with betrothal or marriages, funerals or other ceremonies;
(d) to meet the cost of legal proceedings instituted by or against the subscriber, any member of his family or any person actually dependent upon him, the advance in this case being available in addition to any advance admissible for the same purpose from any other Government source.
(e) to meet the cost of the subscriber's defence where he engages a legal practitioner to defend himself in an enquiry in respect of any alleged official misconduct on his part.
1 (f)
[to purchase consumer durables such as TV, VCRNCP, washing machines, cooking range, geysers and computers.]
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(g) [to meet the expenses for visiting places which, to the satisfaction of the sanctioning authority, are considered as places of pilgrimage or places of eminence of any religion.]
(1-A) The President may, in special circumstances, sanction the payment to any subscriber of an advance if he is satisfied that the subscriber concerned requires the advance for reasons other than those mentioned in sub-rule (1).
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(2) An advance shall not, except for special reasons to be recorded in writing, be granted to any subscriber in excess of the limit laid down in sub-rule (1) or until repayment of the last instalment of any previous advance.
(3) When an advance is sanctioned under sub-rule (2) before repayment of last instalment of any previous advance is completed, the balance of any previous advance not recovered shall be added to the advance so sanctioned and the instalments for recovery shall be fixed with reference to the consolidated amount.
(4) After sanctioning the advance, the amount shall be drawn on an authorization from the Accounts Officer in case where the application for final payment had been forwarded to the Accounts Officer under Clause
(ii) of sub-rule (3) of Rule 34.
NOTE 1.- For the purpose of this rule, pay includes dearness pay where admissible.
NOTE 2.- The appropriate sanctioning authority for the purpose of this rule is specified in the Fifth Schedule.
NOTE 3.- A subscriber shall be permitted to take an advance once in every six months under item
(b) of sub-rule (1) of Rule 12.
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1. Inserted vide Notification No. 20 (2)/92-P. & P.W (E)/(A), dated the 28th December, 1995, published as S.O. No. 379 in the Gazette of India, dated the 10th February, 1996. 2. Inserted videNotification No.13/1/06-P& PW(F), dated the 20th November, 2006, published as S.O. No.2689 in the Gazette of India, dated the 22nd September, 2009.
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RULE 13- RECOVERY OF ADVANCES
(1) An advance shall be recovered from the subscriber in such number of equal monthly instalments as the sanctioning authority may direct; but such number shall not be less than twelve unless the subscriber so elects and more than twenty-four. In special cases where the amount of advance exceeds three months' pay of the subscriber under sub-rule (2) of Rule 12, the sanctioning authority may fix such number of instalments to be more than twenty-four but in no case more than thirty-six. A subscriber may, at his option, repay more than one instalment in a month. Each instalment shall be a number of whole rupees, the amount of the advance being raised or reduced, if necessary, to admit of the fixation of such instalments.
(2) Recovery shall be made in the manner prescribed in Rule 10 for the realization of subscriptions, and shall commence with the issue of pay for the month following the one in which the advance was drawn. Recovery shall not be made, except with the subscriber's consent while he is in receipt of subsistence grant or is on leave for ten days or more in a calendar month which either does not carry any leave salary or carries leave salary equal to or less than half pay or half average pay, as the case may be. The recovery may he postponed, on the subscriber's written request, by the sanctioning authority during recovery of an advance of pay granted to the subscriber.
(3) If an advance has been granted to a subscriber and drawn by him and the advance is subsequently disallowed before repayment is completed, the whole or balance of the amount withdrawn shall forthwith be repaid by the subscriber to the Fund, or in default, be ordered by the Accounts Officer to be recovered by deduction from the emoluments of the subscriber in a lumps urn or in monthly instalments not exceeding twelve as may be directed by the authority competent to sanction an advance for the grant of which, special reasons are required under sub-rule (2) of Rule 12:
Provided that, before such advance is disallowed, the subscriber shall be given an opportunity to explain to the sanctioning authority in writing and within fifteen days of the receipt of the communication why the repayment shall not be enforced and if an explanation is submitted by the subscriber within the said period of fifteen days, it shall be referred to the President for decision; and if no explanation within the said period is submitted by him, the repayment of the advance shall be enforced in the manner prescribed in this sub-rule.
(4) Recoveries made under this rule shall be credited as they are made to the subscriber's account in the Fund.
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RULE 14- WRONGFUL USE OF ADVANCE
Wrongful use of advance. -Notwithstanding anything contained in these rules, if the sanctioning authority has reason to doubt that money drawn as an advance from the Fund under Rule 12 has been utilized for a purpose other than that for which sanction was given to the drawal of the money, he shall communicate to the subscriber the reasons for his doubt and require him to explain in writing and within fifteen days of the receipt of such communication whether the advance has been utilized for the purpose for which sanction was given to the drawal of the money. If the sanctioning authority is not satisfied with the explanation furnished by the subscriber within the said period of fifteen days, the sanctioning authority shall direct the subscriber to repay the amount in question to the Fund forthwith or, in default, order the amount to be recovered by deduction in one* sum from the emoluments of the subscriber even if he be on leave. If, however, the total amount to be repaid be more than half the subscriber's emoluments, recoveries shall be made in monthly instalments of moieties of his emoluments till the entire amount is repaid by him.
NOTE.-- The term "emoluments" in the rule does not include subsistence grant.
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RULE 15-WITHDRAWALS FROM THE FUND
15. Withdrawals from the Fund
(1) Subject to the conditions specified therein, withdrawals may be sanctioned by the authorities competent to sanction an advance for special reasons under sub-rule (2) of Rule 12, at any time-
(A) after the completion of 1[ 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 purposes, namely:-
(a) meeting the cost of high
What This Means
These rules explain what happens to your Provident Fund (PF) money when you move from one government job to another, or from a government-controlled organization to a central government department. Essentially, it ensures that your PF savings are transferred to your new General Provident Fund (GPF) account, preventing you from losing your accumulated funds.
If you're moving from another Central or State Government department, your own contributions and the interest earned on them will be transferred to your new GPF account. If your previous fund was a 'contributory' type (meaning the government also contributed), your own contributions will still go to your GPF, but the government's contributions will be credited to the Central Government's accounts. A key benefit here is that your previous service from a contributory fund can count towards your pension in your new role. For these transfers, the consent of your previous government department might be needed.
Similarly, if you're joining a central government department from a government-owned company (like a PSU) or an autonomous body (registered under the Societies Registration Act), your own PF contributions, the employer's contributions, and all accrued interest will be transferred to your new GPF account. Again, the consent of your previous organization is required for this transfer. These rules generally apply to permanent transfers and even to those who resign or are retrenched from one government department and join another without a break in service, but not to re-employed retirees or contract staff.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Your personal Provident Fund contributions and interest are transferred to your new General Provident Fund (GPF) account when you move between eligible government departments or from related organizations.
- 2If you were part of a 'contributory' Provident Fund (where the government also contributed), the government's share of contributions and interest will be credited to Central Revenues, not your personal GPF.
- 3Consent from your previous government department or organization is generally required for the transfer of your Provident Fund balance.
- 4Service rendered under a previous contributory Provident Fund can be counted towards your pension in your new Central Government role.
- 5These rules apply to permanent transfers and specific cases of joining without a break after resignation or retrenchment from another government department.
- 6The rules do not cover individuals who are re-employed after retirement or those holding appointments on a contract basis.
- 7Transfers are possible from other Central/State Government Provident Funds and from Provident Funds of government-owned bodies or autonomous organizations.
Practical Example
Ms. Priya Sharma, a government officer, was working with the Uttar Pradesh State Government and contributing to their Non-Contributory Provident Fund. She recently secured a permanent transfer to a Central Government department in Delhi, where she will be governed by the General Provident Fund Rules. According to Rule 35(a), her accumulated subscriptions and interest from the Uttar Pradesh Provident Fund, amounting to Rs. 15,00,000, will be transferred to her new GPF account with the Central Government. The Central Government department will initiate the process by requesting consent from the Uttar Pradesh State Government for this transfer.
In another scenario, Mr. Rahul Singh was working for 'Bharat Electronics Ltd.' (a PSU, a body corporate controlled by Government) and was a subscriber to their Contributory Provident Fund. He successfully cleared the UPSC exam and was appointed to a pensionable service in a Central Government Ministry. As per Rule 35A, his subscriptions (Rs. 10,00,000) and the employer's contributions (Rs. 8,00,000), along with all accrued interest, totaling Rs. 20,00,000, will be transferred to his new GPF account. The Central Government Ministry will seek consent from Bharat Electronics Ltd. to facilitate this transfer.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Cross References
Frequently Asked Questions
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This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Test Your Knowledge
Question 1 of 3
According to GPF Rule 35, when a government employee permanently transfers from a job with a Contributory Provident Fund (CPF) to another government job, what happens to the government's contributions (with interest) from the previous CPF account?