Sunday, September 9, 2012

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THE PUBLIC PROVIDENT FUND SCHEME,  1968





1.  Short title and commencement:- (1)  This scheme may be called the 
Public Provident Fund Scheme, 1968. 
(2) It shall come into force  on Ist July, 1968. 

2.  Definitions:- In this scheme, unless  the context otherwise requires:-
(a)  ‘Account’   means a Public Provident Fund Account under this scheme. 
(b)  ‘Accounts Office’  means an office  or branch  of the State Bank of India,           
may subsidiary bank of the State Bank of India  (excluding  a  pay office, a 
sub pay office  or any other office managed by single officer or clerk) and  
any other  office authorized by the Central Government to receive 
subscriptions under the scheme; 
( c) ‘Accounts  Officer’   means  the person  who  for the time  being  is in 
charge  of an Accounts Office.  
(d) ‘Act’ means    the Public Provident Fund  Act, 1968 (23 of 1968) 
(e)  ‘Form’   means   a form appended to this scheme; 
(ee) ‘Guardian’ in relation to a minor, means:-‘  
(i) Father or mother and 
(ii) Where neither parent is alive, or where the only living parent is 
incapable of acting, a person entitled under the law for the time being 
in force to have care of the property of minor; 
(f) ‘Year’  means  the financial  year  (Ist April to 31
st
 March) 

3.  Limit of subscription:- (1)  Any individual may, on his own behalf or  on 
behalf of a minor  of whom he is the guardian, subscribe to the Public Provident 
Fund (thereafter referred to as the fund) any  amount not less than  Rs. 500 
and not more than Rs. 70,000 in a year.
     (2)  Notwithstanding  anything  contained in sub-paragraph (1), an individual 
may also subscribe to the fund  on behalf of:- 
(a) a Hindu Undivided Family, or 
(b) an association of persons or a body of individuals consisting in either  
case, only of husband and wife  governed by the system  of  community 
of property  in force in the State  of Goa  and the Union territories of 
Dadra  and Nagar Haveli and daman  and Diu, by whom or on whose 
behalf money  is deposited in an account  and the deposit means money 
is deposited. Out of  the income  of the Hindu Undivided  Family or an association of 
persons or body of individuals, as the case may be , any amount not less 
than Rs. 500 and not more than  Rs. 70,000 in a year.
    Non Resident Indians are not  eligible to open an account  under the 
Public Provident Fund Scheme:- 
        Provided that if a resident who subsequently becomes Non Resident Indian 
during the currency  of the maturity period prescribed under Public Provident 
Fund Scheme, may continue  to subscribe to the Fund  till its maturity on a Non 
Repatriation Basis. 
      [MOF (DEA) Notification No GSR 585 (E) dated 25.7.2003] 

   4.  Manner of making the subscription:- (1)  Every individual desirous of 
subscribing to Fund under the Scheme for the first time either on his own behalf 
or on behalf of a minor of whom he is  the  guardian  or  on  behalf  of  a  Hindu 
Undivided Family of which he is a member or on behalf of an Association of 
persons or a Body of individuals as referred to in sub rule 2(b) of Rule 3 above 
shall apply to the Accounts Office in Form A, or as near thereto as possible 
together  with the amount of initial subscription which shall be integral multiples 
of Rs.5 
      (2)  On receipt of an application  under sub-paragraph(1), the Accounts 
Office  shall open  an account  in the name of  the subscriber and issue a pass  
book to him, wherein all amount  of deposits, withdrawals, loans and repayment 
thereof together  with interest due  shall be entered  over the signature of the 
Accounts Officer with the date stamp. 
      (3)  The subscriber shall deposit  his subscription  with the Account Office  
with challan in Form B, or as near thereto  s possible.  The counterfoil of the  
challan  shall be returned  to the depositor by the Account Office, duly  evidence 
by receipt.  In the case of deposits made by  cheques  or draft or pay order, the 
Accounts Office, may issue  a paper token to the depositor pending  realization 
of the proceeds.  
     (4)  Every subscription shall be made in cash or by crossed cheques or  draft 
or pay  order din favour of the Accounts Officer at the place at which that office 
is situated.  
      
5.  Number  of subscription:   The subscription, which  shall be in multiples of 
Rs. 5 may,  for any year, be paid into the account in  one  lump sum or 
installments not exceeding twelve in a year. 

6.    Transfer  of  Account:-    A subscriber  may apply  for transfer  of his 
account  from one “Account  Office” to another “Account Office”. 

7.  Issue of duplicate  pass book, etc.:-  (1) In the event  of loss or 
destruction of a pass book issued  by  an Accounts Office, the Accounts Office 
may, on an application made to it in this  behalf, and on payment  of rupee one 
by the subscriber, issue  a duplicate thereof to him. 
(2) Condonation of default:-   A subscriber who fails to subscribe in any year 
according to the limits specified in paragraph 3, may approach the Accounts Office for condonation of the default, on payment , for each year of default , a  
fee of Rs. 50 alongwith  arrear subscription of Rs. 500 for each year. 

 8. Interest -   Interest at the rate , notified by the Central Government in 
official gazette from time to time, shall be allowed for calendar month on the 
lowest balance at credit  of an account  between the close of the fifth day and 
the end of the month and shall be credited to the account  at the end of each 
year.
     Provided that where the interest to be credited contains  a part of a rupee.  
Then, if such part is fifty paise or more, it shall be increased to one complete 
rupee, and if  such part is less than fifty paise, it shall be ignored. 

    9. Withdrawals from the  Fund:-  (1) Any time  after the expiry of  five 
years from the end of the year in which the initial subscription was  made , a 
subscriber may, if he so desires, apply in Form C or as near thereto as possible, 
together with  his pass book to the Accounts Office withdrawing  from the 
balance  to his credit, an amount  not exceeding  fifty per cent  of the  amount 
that stood to his credit at the end  of the forth year immediately preceding the 
year of withdrawal or at the end of preceding year, whichever  is lower, less the 
amount  of loan, if any, drawn by him under paragraph 10 and which remains to 
be repaid: 
  Provided that not more than one withdrawal shall be permissible during any 
one year. 
    (2)  On receipt  of an application under sub paragraph (1) the Accounts Office 
may, after satisfying  itself that the amount  of withdrawal applied for is not in 
excess of the limit prescribed in sub-paragraph (1) and that  the applicant has, 
till the date  of application,  been subscribing according  to the limit specified in 
paragraph 3, subject to the provisions of sub-paragraph (4)  permit the 
withdrawal and  enter the amount  withdrawn in the pass book. 
    (3) Closure of account or continuation of account without deposits 
after maturity:-   Notwithstanding the provisions of sub-paragraph (1),  any 
time after the expiry of 15 years from the end of the year in which the  initial  
subscription was made by him, a subscriber  may, if  he  so desires, apply in 
Form C or as ‘near thereto as possible together with his pass book to the  
Accounts Office for the withdrawal  of the entire  balance standing to his credit  
and the Accounts Office, on receipt of such an application  from the subscriber, 
shall  subject to the provisions of sub-paragraph (4) allow the withdrawal of the 
entire balance (together  with interest  up  to    the  last  day  of  the  month   
preceding the month in which the application for withdrawals made) after 
making adjustments, if any, in respect of any interest due from  the subscriber 
on loans taken by him and close  his account. 
 Provided  that a subscriber  may, if he so desires, make  withdrawal of the 
amount  standing  to his credit, from  time to time, in installments not exceeding  
one in a year. 
(3A)  Continuation of account  with deposits after maturity :-  Subject  to 
the provisions of sub-paragraph (3) a subscriber may, on the expiry of 15 years 
from  the end  of the year in which  the initial subscription was made  but before  then expiry of one year thereafter, may exercise an option with the Accounts 
Office in  Form H,  or as near thereto as possible, that he would  continue to 
subscribe  for a  further block period  of 5 years according to the  limits of 
subscription specified in paragraph 3. 
(3B) In the event of a subscriber  opting  to subscribe for the aforesaid  block 
period he shall be eligible  to make partial withdrawals not exceeding  one every 
year by applying  to  the Accounts Office in  Form  C,  or as near thereto as 
possible, subject to the condition that the total of the withdrawals,  during  the 5 
year blcok period , shall not exceed  60 percent of the balance at his credit at the 
commencement of the said period. 

 10.   Loans:-   (1)  Notwithstanding  the  provisions of paragraph 9, any 
time  after the expiry of one year from the end of the year in which  the 
initial  subscription was made but before  expiry  of five years from the end 
of the year in which the initial subscription was made, a subscriber may, he  
so desires, apply in Form D or as near thereto as possible, together  with  
his pass book  to the  Accounts Office for obtaining loan consisting of a sum 
of  whole rupees not exceeding twenty five percent  of amount that  stood 
to his  credit to at the ends  of the second year immediately preceding  the 
year in which  the loan is applied for. 
  (2)  On receipt  of an application  under sub-paragraph (1) the Accounts 
Office may, after satisfying itself  that the amount  of loan applied for is not  
in excess of the limit  prescribed   in sub-paragraph (1)  and that the 
applicant has, till the date  of application, been subscribing  according  to 
the limit  specified in  paragraph 3, subject to the  provisions  of sub 
paragraph (3), sanction  the loan and enter the amount  in the pass book. 
(3)  Where the application is made  by    a  person    who  has  made 
subscriptions to the Fund on behalf  of a minor  of whom  he is the 
guardian,  he shall  furnish  a  certificate in the following form, namely:- 
  ‘ certified that the amount  for which  loan is applied for is required for the  
use of ……. Who is alive and is still  a minor.” 

11. Repayment  of loan and interest :- (1)  The principal amount of a 
loan  under this Scheme  shall be repaid  by the subscriber  before  the 
expiry  of  thirty  six months from the first  day of the month  following  the 
month  in which then loan is sanctioned. The repayment a may be made  
either  in one lump sum or in  two or more monthly installments  within  the 
prescribed period  of thirty six  months.  The repayment will be  credited to 
the subscriber’s account. 
  (2)  After the principal of the loan is fully  repaid, the  subscriber  shall pay  
interest  thereon in not  more than  two monthly  installments at the rate  
of  one percent  perannum  of the principal  for the period of  
commencing  from the first  day of  the month  following  the month  in 
which  the loan is  drawn up to the last day of  the month  in which  the last  
installment of the loan       Provided  that where the loan is   repaid, only in part  within the 
prescribed  period of thirty six months, interest  on the amount of loan 
outstanding  shall be charged at  six per cent  per annum instead  of at 
one per cent  per annum  from the first day  of the month  following the 
month  in which  the loan was  obtained to the last day of the month in 
which the loan is  finally repaid. 
 (3)  The interest on the amount  of loan outstanding  under the proviso to  
sub-paragraph (2) and any portion  on interest payable, but  not paid, on 
any  loan , the principal  amount  of which  has already  been repaid  within 
the prescribed  period of thirty six months, may, on becoming due, be 
debited  to the subscriber’s account. 
   (4)  The interest recoverable  shall accrue to the Central Government . 
     
   
12. Nomination and repayment after death of subscriber :- 
(1)    subscriber  to the fund  may  nominate  in Form E or, as 
near  thereto as possible, one or more  persons to receive  the 
amount  stading to his credit  in the event of  his death before  
the amount  has become  payable or, having  become  payable , 
has not been paid. 
Note:-   Nomination may also be made in respect of an  account  opened 
on behalf of a Hindu Undivided Family (HUF). 
 (2)  No Nomination  shall be made in respect of an account opened on 
behalf of minor. 
 [MOF (DEA) Notification No. GSR 477 (E) dated 25.5.1994] 
  (3) A nomination made  by a subscriber  may be  cancelled or varied by 
a fresh nomination in  Form F  or , as near thereto  as possible by giving  
notice in writing to the Accounts Office in which the account stands. 
(4) Every nomination  and every  cancellation  or variation  thereof  shall  
be registered  in the Accounts Office and shall be  effective from the date 
of such registration, the particulars of which shall be entered in the pass 
book. 
(5)If any nominee is a minor, the subscriber may appoint any person to 
receive the amount due under the account  in the event  of the death  of 
the subscriber during  the minority of the nominee. 
(6) Notwithstanding  the provisions contained in paragraph 9- 
a. If a subscriber  to an account in espect of which a nomination is 
in force dies, the nominee or nominees may make  an application  
in  Form G or,  as near thereto as  possible, to the Accounts  
Office  together with proof of  death of the subscriber and on 
receipt  of such application  all amounts standing  to the  credit of 
the subscriber after making adjustment, if any, in respect of interest on loans taken by the subscriber  shall be repaid by the 
Accounts Office itself to the nominee or nominees. 
Provided that if any nominee is dead, the surviving  nominee or nominees 
shall, in addition to the proof of death of the subscriber, also furnish proof 
of  the death of the deceased nominee. 
b. Where there is  no nomination in force at the time of death of the  
subscriber,  the amount  standing  to the credit of the deceased 
after making  adjustment, if any, in respect of interest on loans 
taken by the subscriber, shall be repaid  by the Accounts Office to 
the legal heirs of the deceased on receipt of application in Form 
G  in this  behalf from them. 
Provided that the balance   up to Rs. 1 lakh   may be paid  to the legal 
heirs on production of (i) a letter  of indemnity, (ii) an  affidavit, (iii) a 
letter of disclaimer on affidavit, and (iv) a certificate  of death of 
subscriber, on stamped paper, in  the forms as in Annexure to Form G.
(7) A subscriber to the Fund cannot  nominee a trust as his nominee. 

13.  Power to relax:-   Where the Central Govt is  satisfied  that the 
operation of the any of the provisions of this scheme causes undue hardship  to 
a subscriber, it may, by order  for reasons to be recorded in writing , relax the 
requirements of that provision in a manner not inconsistent with the provisions 
of the Act. 

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