Section 10 – Employees State Insurance Corporation (General Provident Fund) Rules, 1995

10. Rates of subscription

(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 which shall not be less than 6 per cent of his emoluments and not more than his total emoluments:

PROVIDED that in the case of a subscriber who has previously been subscribing to the Employees’ State Insurance Corporation Contributory Provident Fund at the higher rate of 8-1/3 per cent, it may be any sum so expressed which shall not be less than 8-1/3 per cent of his total emoluments and not more than his total emoluments.

(c) When an employee opts to subscribe at the minimum rate of 6%, or 8-1/3 per cent, as the case maybe, the subscription shall be rounded to the nearest whole rupee and for this purpose, 50 paise and more shall be rounded to the next higher rupee.

(2) For the purpose of sub-rule (1), the emoluments of a subscriber shall be-

(a) in the case of a subscriber who was in service on the 31st March of the preceding year, the emoluments to which he was entitled on that date; provided that-

(i) if the subscriber was on half day leave on the said date and opted 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 half pay leave on the said date and continues to be on leave and has opted to subscribe during such leave, his emoluments to which he would have been entitled had he been on duty abroad or on duty in India as the case may be;

(b) in the case of a subscriber who was not in service on the 31st  March of the preceding year, the emoluments to which he was entitled on the day he joins the fund.

(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 the 31st March of the preceding year, by the deduction which he causes to be made in this behalf from his pay bill for that month;

(b) if he was on leave on the 31st March of the preceding year and opted not to subscribe during such half pay leave or was under suspension on that date, by the deduction which he makes in this behalf from his first pay bill after his return to duty;

(c) if he was on leave on the 31st March of the preceding year, and continues to be on half pay leave and has opted to subscribe during such leave by the deduction which he makes or causes to be made in this behalf from his salary for the month;

(d) if he has entered into service for the first time during the year, by the deduction which he makes or causes to be made in this behalf, from the salary bill for that month during which he joins the fund;

(e) if he was on deputation on the 31st March of the preceding year the amount credited by him in the fund of the Corporation on account of subscription for the month of April in the current year.

(4) The amount of subscription so fixed may be,-

(a) reduced once at any time during the course of the year,

(b) enhanced twice during the course of the year; or

(c) reduced and enhanced as aforesaid:

PROVIDED that when the amount of subscription is so reduced it shall not be less than the minimum prescribed in sub-rule (1):

PROVIDED FURTHER that if a subscriber is on leave without pay or leave on half pay or half average pay for part of a calendar month and he has opted not to subscribe during such leave, the amount of subscription payable shall be proportionate to the number of days spent on duty inclu
ding leave, if any, other than those referred to above.

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