Meghalaya Civil Services (General Provident Fund) Rules, 1985
No: Finance (RR)1/83 Dated: May, 24 1985
GOVERNMENT OF MEGHALAYA
FINANCE (REVISION OF RULES CELL)
DEPARTMENT
No.Finance (RR)1/83, - In exercise of the powers conferred by the proviso to Article 309 and Clause (5) of Article 148 of the Constitution and of all other powers enabling him in this behalf, the Governor of Meghalaya, hereby makes the following rules, namely:-
THE MEGHALAYA CIVIL SERVICES (GENERAL PROVIDENT FUND) RULES, 1985.
1. Short title and commencement – (a) These rules may be called the Meghalaya Civil Services (General Provident Fund) Rules, 1985.
(b) They shall be deemed to have come into force with effect from the date of publication in the official gazette.
2. Definitions – (1) In these rules unless the context otherwise requires –
(a) “Accounts Officer” means the officer to whom the duty to maintain the provident fund account of the subscriber has been assigned by Government or the Comptroller and Auditor-General of India, as the case may be.
(b) “Emoluments” means pay, leave salary or subsistence grant as defined in the Fundamental Rules and includes leave salary or subsistence grant, if admissible, and any remuneration of the nature of pay received in respect of Foreign Service.
(c) “Family” means –
(i) In the case of a male subscriber, the wife or wives and children of a subscriber, and the widow or widows and children of a deceased of the subscriber:
Provided that if a subscriber proves that his wife has been judicially separated from him or has ceased under the customary law of the community, to which she belongs to be entitled to maintenance she shall henceforth be deemed to be no longer a member of the subscriber’s family in matters to which these rules relate unless the subscriber subsequently intimates, in writing to the Accounts Officer that she shall continue to be so regarded;
(ii) In the case of a female subscriber, the husband and children of a subscriber, and the widow or widows and children of a deceased son of a subscriber:
Provided that if a subscriber by notice in writing to the Accounts Officer expresses her desire to exclude her husband from her family, the husband shall henceforth be deemed to be no longer a member of the subscriber’s family in matters to which these rules relate, unless the subscriber subsequently cancels such notice in writing.
Note- Child means legitimate child and includes an adopted child, where adoption is recognised by the personal law governing the subscriber.
(d) “Fund” means the General Provident Fund.
(e) “Leave” means any variety of leave recognised by the Fundamental Rules.
(f) “Year” means a financial year.
(2) Any other expression used in these rules which is defined either in the Provident Funds Act, 1925 (19 of 1925), or in the Fundamental Rules is used in the sense therein defined.
(3) Nothing in these rules shall be deemed to have the effect of terminating the existence of the General Provident Fund as heretofore existing or of constituting any new fund.
State Government’s Decision:
An adopted child ceases to be included in the family of the natural Father – In Note to Rule 2 (c) of the General Provident Fund Rules, 1985 the term child has been defined as including an adopted child with the object of bringing the latter under the term “dependents” as defined in Section 2 (c) of the Provident Fund Act of 1925. An adopted child is therefore, for the purpose of the Act and the rule made thereunder the child of the adoptor and ceases to be the child and dependent of the natural father. It has accordingly been decided that in a case which a person has given his child in adoption to another person and if, under the personal law of the adoptor, adoption is legally recognized as conferring the status of natural child, such a child should, for the purposes of the Provident Fund Rules, be considered as excluded from the family of the natural father.