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Section 15 – Employees State Insurance Corporation (General Provident Fund) Rules, 1995

15. Recovery of advance

(1) An advance shall be recovered from the subscriber in such number of equal monthly installments as the sanctioning authority may direct; but such number shall not be less than twelve unless the subscriber so opt and in any case not more than twenty four. In special cases where amount of advance exceeds three months’ pay of the subscriber under sub-rule (2) of rule 14, the sanctioning authority may fix such number of installments exceeding twenty four but not exceeding thirty-six, a subscriber may, at his option, repay more than one installment in a month. Each installment shall be fixed in whole rupees, the amount of the advance being raised or reduced if necessary, to admit the fixation of such installments.

(2) Recovery of advances shall be made in the manner specified in rule 12 for the realization of subscription, 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 subscribers 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 on the subscribers’ written request, be postponed by the sanctioning authority during the 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drawn by him and the advance is subsequently disallowed before repayment is completed, the whole or balance of amount withdrawn shall be forthwith repaid by the subscriber to the fund or in default, be ordered by the accounts officer to be recovered by deduction from the emoluments of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 lump sum or in monthly installments not exceeding twelve as may be directed by the accounts officer:

PROVIDED that before such advance is disallowed, the subscriber shall be given reasonable opportunity to explain to the sanctioning authority in writing within 15 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 15 days, it shall be referred to the director general 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 the sub-rule.

(4) Recoveries made under this rule shall be credited to the subscriber’s account in the fund.

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