Section 26 – Employees State Insurance Corporation (General Provident Fund) Rules, 1995

26. Procedure on transfer of a government servant from one department to another

(a) If a government servant who is a subscriber to any other non-contributory provident fund of the Central Government or of a State Government is permanently transferred to pensionable service in a department of the Central Government in which he is governed by these rules, the amount of subscriptions, together with interest thereon, standing to his credit to such other fund on the date of transfer shall be transferred to his credit in the fund:

PROVIDED that where a subscriber was subscribing to a non-contributory provident fund of a State Government the consent of that government shall be obtained.

(b) If a government servant who is a subscriber to the State Railways Provident Fund or any other contributory provident fund of the Central Government or a State Contributory Provident Fund is permanently transferred to pensionable service in a department of Central Government in which he is governed by these rules and unless such a subscriber elects to continue to be governed by the rules of such fund, when the rules option is given:-

(i) the amount of subscriptions with interest thereon, standing to his credit in such contributory provident fund on the date of transfer, shall, with the consent of the other government, if any, be transferred to his credit in the fund;

(ii) the amount of government contributions, with interest thereon, standing to his credit in such contributory provident fund shall, with the consent of the other government, if any, be credited to the Central Revenue (Civil);

(iii) he shall thereupon be entitled to count towards pension, service rendered prior to the date of permanent transfer, to the extent permissible under the relevant pension rules.

Note 1 : The provisions of this rule do not apply to a subscriber who has retired from service, or to a subscriber who was holding the former appointment on contract.

Note 2 : The provisions of this rule shall, however apply to persons, who are appointed without break whether temporarily or permanently to a post carrying the benefits of these rules after resignation or retirement from service under another department of Central Government or under the State Government.

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