Fees will be levied by the Council as shown below- Sr.
No Purpose Fees
1. For recording change of name in the register Rs.5
2. For entering each additional qualification specified in the Schedule to the Act or in the First Schedule or part I of the Third schedule to the Indian Medical Council Act, 1956.
Rs.5 (Subject to a maximum of Rs. 15 at any one time).
3. For entering each additional qualification specified in the Second Schedule or Part II of the Third Schedule to the Indian Medical Council Act, 1956.
Rs. 10
4. For issue of duplicate certificate of registration.
Rs. 15
5. For issue of a certified copy of an entry in the register Rs. 2 ----------------- FORM 1 See rule 5(2) Notice of Publication of Electoral Rolls Notice is hereby given that the electoral roll for election of members of the Maharashtra Medical Council under clause (d) of sub-section (3) of section 3 of the Maharashtra Medical Council Act, 1965, has been prepared in accordance with rule 5 of the Maharashtra Medical Council Rules, 1967 and copies of the roll will be available for inspection at the office of the Council at address of the Council.
2. (a) Every claim for inclusion of a name in the roll; or
(b) every objection to, i) the inclusion of any other person's name in the roll; or ii) to any particulars in any entry in the roll;
shall be addressed to Registrar and shall be presented or sent by post to him at the address referred to above so as to reach him on or before the ……………. day of ………….20 Registrar, Maharashtra Medical Council.
Bombay, Dated the………………….. day of…………20.
------------------ FORM 2 (Rule 8) Notice of Election Election to the Maharashtra Medical Council , Bombay Notice is hereby given pursuant to the provisions of rule 8 of the Maharashtra Medical Council Rules, 1967, that- 1) *an election is to be held of*………………………………………………… members of the Maharashtra Medical Council elected by the registered practitioners from amongst themselves;
2) + nomination of registered practitioners eligible to fill the seat/ seats+ are invited;
3) forms of nomination paper may be obtained from the Registrar on application;
4) nomination papers may be sent so as to reach the undersigned at or before ………….
(hours) on the……………….. at……………….
(date) (place) 5) nomination papers will be taken up for scrutiny at ……………… on the………………..
(hours) (date) at………………… (place) 5A) Candidature may be withdrawn by a notice in writing signed by the candidate and delivered to the Returning Officer so as to reach him at or before ………………..
(hours)…………. (date) …………….. (place) ……………… 6) in the event of the election being contested ………………..
a) the voting shall be by secret ballot;
b) the election shall be held in each District head quarters under the supervision of the District Collector on the……………… (date) during …………… hours to …………….. hours;
c) all medical practitioners whose names have been included in the electoral roll should vote in person and bring with them their registration certificate issued to them by the Maharashtra Medical Council for facilitating identification of voters.
Date:
Address: Returning Officer * Here insert the number of impending vacancies.
+ Strike off the alternative not require.
----------------- FORM 3 Rule 9(3) Form of Nomination Paper Election to the Maharashtra Medical Council, Bombay (To the filled in by the proposer) I hereby nominate …………………………………………………………..as a candidate for the forthcoming election to the Maharashtra Medical Council
1. Full name of candidate
2. Full postal address of the candidate
3. Serial number of candidate in the Electoral roll
4. Full name of proposer
5. Full postal address of proposer
6. Serial number of proposer in the electoral roll Date: Signature of proposer ……………………………………………………………………………………………..
(To be filled in by the seconder) I second the above nomination-
1. Full name of seconder
2. Full postal address of seconder
3. Serial number of seconder in the electoral roll Date: Signature of Seonder …………………………………………………………………………………………………… (To be filled in by the candidate) I hereby signify my willingness to serve if I am elected.
Date: Signature of Candidate …………………………………………………………………………………………………… (To be filled in by the Returning Officer) Serial No. of nomination paper …………..
This nomination paper was delivered to me at my officer at ………………..
(hour) On …………………..
(date) Date: Returning Officer ……………………………………………………………………………………………………..
Decision of Returning Officer accepting or rejecting the Nomination paper I have examined this nomination paper in accordance with the provisions of the Maharashtra Medical Council Rules, 1967, and decided, as follow- Date: Returning Officer ……………… FORM 4 Rule 17(1) Specimen Ballot Paper Counterfoil Maharashtra Medical Council Election Serial no.
No. of elector on the electoral roll to whom to whom the ballot paper has been issued.
Signature of the Presiding Officer Signature of the Elector BALLOT PAPER Maharashtra Medical Council Election ....................
(Year) Directions to electors for recording of vote- 1) You have ……………. votes.
2) Record each vote by putting 'x' mark in column 3 against the name of the candidate for whom you wish to vote.
3) You must not put more than..... crosses.
4) You must not put more than one cross opposite the name of any candidate.
5) Your vote is secrete. You must not put your signature on the ballot paper or make any other mark on it which will reveal your identity.
6) After recording your vote, fold the ballot paper in such manner as to conceal your vote and put it in the ballot box.
Sr. No. Name of the candidate Space for putting cross mark --------------- @FORM 5 @ Deleted by G. N. dated 02.01.2002 -------------- FORM 6 (Rule 54) Form of Register of Medical Practitioners
PART II Registration number Full name including father's/husband's name and surname, and also maiden name and surname in the case of a married woman Address Nationality 1 2 3 4 Qualification and date on which each was obtained Date of registration Date of removal and if subsequently reinstated the date of re-entry after removal Remarks such as warnings, merit certificate awards, etc 5 6 7 8 ------------------- FORM 7 (Rule 56) Maharashtra Medical Council Form of Application for Registration under sub-section (3) of section 16 To THE REGISTRAR, MAHARASHTRA MEDICAL COUNCIL Swadeshi Mills Estate, Next Roxy Cinema, Tata Road, Mama Parmanand Marg, Bombay 400 004.
Sir, I request you to register by name and other particulars, as stated below, under the Maharashtra Medical Council Act, 1965 and issue me a certificate of registration:- Name in full (beginning with Surname Dr./Shri/Shrimati/Kumari including *father's /husband's name in …………………………………… BLOCK letters only) …………………………………… Address (To be entered in the register) …………………………………… Maiden name and surname in the case …………………………………… of a married woman (Beginning with …………………………………… surname in BLOCK letters) …………………………………… Nationality ………………. Date of Birth …………………….
Date of obtaining the qualifications. State also the institution from which you appear for the said examination alongwith your number at the examination.
1. Date
2. Institution
3. No. at the Examination Description of qualifications of which registration is desired. The name of the University of the Licensing Body should also be stated
4. Examination Centre
2. I forward herewith.
i) * My birth certificate.
* Matriculation Certificate.
* S.S.C. Examination Certificate.
* School Leaving Certificate.
* Domicile, Age, and Nationality Certificate.
* Extract of Pass Port, if any in original and ii) * The Degree * Diplomas.
* Licence.
* Certificates.
* Other evidence in support of my having obtained the qualification which I possess, in original.
The above documents may please be returned to me when no longer required.
3. The registration fee of Rs. 50 (Rs. Fifty only) is sent *in Cash/by Crossed Postal Order/by Money Order *4. I am applying for registration for the first time and I was not registered as a medical practitioner under any law in India before this.
*4. I am/was provisionally registered under Section 25 of the Indian Medical Council Act, 1956 and enclose the certificate of provisional registration in original for cancellation.
*4. I was/have been registered under the …………………. in the year …………… and my registration number is/was ………………..
5. I have carefully read the instructions with this form and I certify that the particulars furnished above are true to the best of my knowledge and belief.
Yours faithfully (Usual Signature) Date ………………..
1. All particulars in the application shall be filled in by the applicant only.
2. All particulars should be in neat legible hand or type written.
3. The registration fee should be sent in person or by money order or crossed postal order.
When the fee is sent by money order, the postal receipt should be attached to the application.
4. The applicants should remember that their names entered in the application must exactly correspond with their names at the University or other Examination, as the case may be SPECIMEN OF PRACTITIONERS SIGNATURE AS USED ON MEDICAL CERTIFICATES PRESENT ADDRESS * Strike of the alternative not applicable.
N.B.- Please also forward copies of certificates and other evidence, if any, under paragraph 2 of the application.
------------------ FORM 8 (Rule 57) Form of General Notice under clause (b) of sub-section (5) of section 16 Notice is hereby given to all persons whose names stood entered either in the register of medical practitioners duly kept underi) Section 11 of the Central Provinces and Berar Medical Registration Act, 1916, as in force in the Vidarbha region of the State (other than persons whose names were entered in the register on or after the 1st November 1956);
or ii) Section 10 of the Medical Registration Act, as in force in the Hyderabad area of the State;
on the ……………………………………………………………………………………….
(enter the day immediately preceding the appointed day) that their names have been entered in the register prepared under the Maharashtra Medical Council Act, 1965. Every such person is further informed that he should pay to the undersigned a fee of two rupees in cash or by money order or by crossed postal order within two months of the date of this notice, if he desires to continue his name in the register prepared under the Maharashtra Medical Council Act, 1965. The names of all persons who fail to pay the fee within this period will be removed from the register in accordance with the provision in clause (b) of sub-section (5) of section 16.
*Date : 20 .
………………………….
Registrar, Maharashtra Medical Council †…………………………… * This date should be the same as the date on which the notice is published in the Gazette.
† Here enter full address of the Registrar.
------------------------ FORM 9 (Rule 57) Form of Individual Notice under clause (b) of Sub-section (5) of section 16 To *(Here mention the name and last known address of the medical practitioner) Sir, In pursuance Of clause (b) of sub-section (5) of section 16 of the Maharashtra Medical Council Act, 1965, notice is hereby given that you should pay to the undersigned a fee of two rupees in cash or by crossed postal order or by money order on or before * for …………… the continuance of your name on the register under the said Act.
If you fail to pay the fee within the time stated above, your name shall be removed from the register as a defaulter.
Yours faithfully, ………………….
Registrar Maharashtra Medical Council Date :
Address :
* Here enter the date two months subsequent to the date of publication of general notice in the Official Gazette.
_____________ FORM 10 (Rule 59) Certificate of Registration The Maharashtra Medical Council, Bombay Registration No………………………….
This is to certify that the withinsigned.-* Doctor / Shri / Shrimati / Kumari ……………………………………………………………………………………………………..
(Full name) possessing the qualification of ………………………. Has been duly registered under the Maharashtra Medical Council Act, 1965 (Mah. XLVI of 1965), in Part † ………………………..
of the register.
In witness whereof are herewith affixed the seal of the Maharashtra Medical Council, Bombay, and the signature of the Registrar.
Dated the 20 ……………………..
Registrar Seal * Strike off the alternative not applicable † Here insert the part of the register ___________ FORM 11 (Rule 60) MAHARASHTRA MEDICAL COUNCIL Form of Application for Provisional Registration under section 19 To THE REGISTRAR, MAHARASHTRA MEDICAL COUNCIL, Swadeshi Mills Estate, Next to Roxy Cinema, Tata Road, Mama Parmanand Marg, Bombay 4.
Sir, I request you to give me provisional registration under section 25 of the Indian Medical Council Act, 1956, and to issue the necessary certificate.
My particulars are stated below: - Name in full (beginning with surname Shri / Smt. Kumari ……………………….
and including *father's/ husband's …………………………………………….
name in BLOCK letters only).
Address …………………………………………….
Maiden name and surname in the Kumari …………………………………… case of a married woman (beginning …………………………………………….
with surname in BLOCK letters.)
Nationality………………… Date of birth……………………… Qualification or examination passed …………………………………………….
Name of University or Licensing Body …………………………………………….
Institution from which appeared for the examination and number at the examination Date of passing the examination or …………………………………………..
of obtaining the qualification
2. I forward herewith.
i) my Birth Certificate or Matriculation Certificate or S.S.C. Examination Certificate or School Leaving Certificate or Domicile, Age and Nationality Certificate or Extract from Passport in original.
ii) the Degree or Diploma or Certificate of passing the qualifying Examination which I possess in original and iii) Certificate from the Head of the Medical Institute (recognised by the University) where I have been admitted for Internship Training.
These may be returned to me when no longer required.
3. I have been selected for practical training at the ………………………………………..
(state name of approved institution) *employment in the medical capacity at the …………………………………………… (state name of approved institution) *appointment in the Medical Service of the Armed Forces of the Union and I enclose as evidence …………………………..
4. The registration fee of five rupee is sent *in cash by/Crossed Indian Postal Order/by Money Order.
5. I am applying for registration for the first time and I was not registered as a medical practitioner in India before the date of this application.
6. I have carefully read the instructions sent with this form and I certify that the particulars furnished above are true to the best of my knowledge and belief.
Yours faithfully (Usual signature) ………………..
Date Place Instructions
1. All particulars shall be filled in by the applicant only.
2. All particulars should be in neat legible hand or type written.
3. The registration fee should be sent in person or by money order or crossed postal order.
(When the fee is sent by money order, the postal receipt should be attached to the application.)
4. The applicants should remember that their names entered in the application must exactly correspond with their names at the University or other Examination, as the case may be.
5. Evidence under paragraph 3 of the application shall include selection or appointment order.
* Strike off the alternative not applicable.
_____________ FORM 12 (Rule 60) MAHARASHTRA MEDICAL COUNCIL Certificate of Provisional Registration Registration No. ………………… This is to certify that *Shri/Shrimati/Kumari……………………………………………...
of ………………… having passed the Third M.B.B.S. Examination of the …………………….
University in the year ………………… has been given provisional registration under the Maharashtra Medical Council Act, 1965, (Mah. XLVI of 1965), for the purpose of Practical Training (Internship).
In witness whereof are herewith affixed the seal of the Maharashtra Medical Council, Bombay, and the signature of the Registrar.
Subject to the provisions of the said Act, this certificate is valid upto the day of † ………………. 20 , or completion of Internship, whichever is latest.
Seal Dated the ……………… 20. Registrar * Strike off the alternative not required † Here insert the date of validity of certificate.
----------------- FORM 13 (Rule 61) Form of First Notice under clause (a) of section 23 No. . - Notice is hereby given to all registered practitioners whose names are included in the register maintained under the Maharashtra Medical Council Act, 1965 (other than those who have been registered provisionally), that they have to make an application to the undersigned for the continuance of their names on the register as provided in clause (b) of section 23 of the said Act.
Separate notice alongwith the prescribed form of application is being sent by registered post to each registered practitioner at his address entered in the register. The application form should be returned to the undersigned duly completed within forty-five days of the date of such notice. Any practitioner not receiving the application form may obtain it from the undersigned. If any practitioner fails to return the application form duly completed within the time specified above he will have to pay a fee of two rupees with his application after the date aforesaid.
------------------------ Registrar Maharashtra Medical Council Date……………… * ……………………….
……………………… ___________ FORM 14 (Rule-61) Form of Second Notice under clause (a) of section 23 No. .- Notice was given to all registered practitioners whose names are included in the register maintained under the Maharashtra Medical Councils Act, 1965 (other than those who have been registered provisionally) vide No ……………. dated ………….. published in the Maharashtra Government Gazette, Part ……., dated ………… , to send their application to the undersigned for continuance of their names on the register. Separate notices with application forms were also dispatched to the registered practitioners at their addresses shown in the register.
Further notice is now given to all the practitioners who have not so far returned the application forms duly completed to the undersigned, to return them within the time specified in the notice sent to them. Application sent after that date will be accepted only on payment of a fee of rupees two alongwith their applications.
Separate further notice along with another application form is also being sent by registered post to each practitioner whose application is not received by the undersigned within the time allowed, specifying the further period during which the applications will be received only if accompanied by a fee of rupees two. The names of all practitioners who fail to send their applications along with the fee of rupees two during the further period allowed will be removed from the register as defaulters.
------------------------ Registrar Maharashtra Medical Council * ……………………….
* Here enter full address of the Registrar.
___________ FORM 15 (Rule 61) Form of Notice to a Registered Practitioner for Continuance of his Name on the Register, under clause (b) of section 23 To (Here mention the name and address of the medical practitioner as entered in the register) Sir, In pursuance of clause (b) of section 23 of the Maharashtra Medical Council Act, 1.965, notice is hereby given calling upon you to return to me the enclosed form of application for continuance of your name on the register within forty-five days of the date of this notice.
2. If you fail to return the application duly filled in and signed on or before ………………, it shall not be accepted thereafter unless it is accompanied by a fee of two rupees.
Yours faithfully, ………………….
Registrar Maharashtra Medical Council * …………………………… ……………………………..
* Here enter full address of the Registrar.
___________ FORM 16 (Rule 61) Form of Application for Renewal of Registration To The Registrar, Maharashtra Medical Council, * …………………………….
……………………………… Subject .- Renewal of Registration.
Sir, Full name: ………………………………………………… In reply to your notice dated ……………… , I request that my name may be continued on the Register of Medical Practitioners. The necessary particulars are given below:- Full name: …………………………………..
(beginning with surname) Maiden name in case of married woman: …………………………………..
(beginning with surname) Registered qualifications with …………………………………..
dates of Registration :
Registration No. …………………………………..
Permanent address for purpose …………………………………..
of Registration :
Yours faithfully Date ……………… (Signature) ……………… NOTE 1) This form must be returned duly completed so as to reach the Registrar, Maharashtra Medical Council for continuance of registration within forty-five days of the date of the notice.
2) All details shall be correctly filled in.
3) Applications which do not contain the required particulars are liable to be rejected.
4) Applications sent in pursuance of the further notice under clause (b) of section 23 will be accepted only if they are accompanied by a fee of Rs. 2 and sent within thirty days of the date of such further notice.
* Here enter full address of the Registrar.
__________ FORM 17 (Rule 61) Form of further notice to a registered practitioner for continuance of his name on the register under clause (b) of section 23 To (Here mention the name and address of the medical practitioner as entered in the register) Sir, I am directed to invite your attention to my notice dated the ……………. 20, and to give you a further notice as required by clause (b) of section 23 of the Maharashtra Medical Council Act, 1965, calling upon you, to return to me the enclosed form of application for the continuance of your name on the register within thirty days from the date of this notice together with a fee of two rupees.
If you fail to return the form of application duly filled in and signed along with the fee of two rupees on or before …………….., your name will be removed from the register as a defaulter.
Yours faithfully, ………………….
Registrar Maharashtra Medical Council * ……………… * Here enter full address of the Registrar.
___________ FORM 18 (Rule 67) Notice On behalf of the Maharashtra Medical Council, I ………………………………………….
(name) the Registrar, give you notice that on an examination of the materials available, it is found that a prima facie case exists for holding an inquiry into your conduct in the matters hereafter mentioned and do hereby charge you ……………………….. as under:- (Here mention specific charges)
2. A statement of allegations and a statement of evidence are appended.
3. You are called upon to put in your written statement of defence along with such documents as you intend to rely on in your defence in answer to the above charges within days ……………. from the date hereof and to state at the same time whether you desire to be heard in person by the Council. If you desire to examine any witnesses in your defence, you are called upon to furnish at the same time the names and addresses of your witnesses. On your failure to put in your statement or to furnish the names and addresses of your witnesses within the time allowed to you, it will be presumed that you do not wish to make a statement or to furnish any witnesses.
4. You are further called upon to state why the above charges or any of them if held proved, should not be considered as good and sufficient ground for imposing upon you any of the penalties specified in clause (b) of sub-section (1) of section 22 of the Maharashtra Medical Council Act, 1965.
5. A copy of section 22(1) of the Maharashtra Medical Council Act, 1965, together with extract of rules 67 to 75 of the Maharashtra Medical Council Rules, 1967, is enclosed for your information. Your attention is particularly invited to rule 67. You may if you so desire, apply for copies of the relevant documents.
Date:
Place:
…………………..
Registrar, Maharashtra Medical Council ___________ FORM 19 (Rule 75) Application for Re-entering Name in the Register To The Registrar, Maharashtra Medical Council, 1) I, the undersigned (i) …………………………….. now holding the qualification
(ii) ……………………… apply for re-entry of my name in the Register.
2) By the order, dated (iii) ………………………… the Maharashtra Medical Council, directed my name to be removed from the Register on a complaint made by
(iv) ……………………….. and the misconduct for which the Council directed the removal of my name was (v) …………………………..
3) Since the removal of my name from the Register, I have been residing at (vi) ……………………………. and my occupation has been (vi) ……………………….
4) It is my intention if my name is re-entered in the Register to (vii) ………………………..
5) The grounds of application are (viii) ………………………………………… 6) I forward herewith — a) the degree/diploma/licence of (ii) ………………… in original.
b) a certificate of good character from (ix) ………………….
Signature of the Registered Practitioner i) Insert full name.
ii) Insert qualification, if any.
iii) Insert date.
iv) Insert name and address of complainant, if any.
v) Insert charge on which name was removed.
vi) These blanks must be filled in according to circumstances.
vii) Insert particulars as to proposed future professional occupation.
viii) All facts and grounds on which the application is made should be clearly and concisely stated.
ix) Insert name of Gazetted Officer or J.P. giving the certificate.
________________ FORM 20 (Rule 96) Form of List of Registered Practitioners
PART Serial No.
1 Name, qualifications and address 2 Date of registration and registration No 3
SCHEDULE 'A' (Vide rule 84 of the Maharashtra Medical Council Rules, 1967) Rules for Provident Fund of The Maharashtra Medical Council
1. Definition. – In these rules, unless there is anything repugnant to the subject or context,
(a) "family" means i) in the case of a male subscriber the wife and children of a subscriber and the widow and children of a deceased son of the subscriber;
Provided that, if a subscriber proves that his wife has been judicialy 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 indicates by express notification in writing to the Registrar that she shall continue to be regarded as a member of his family;
ii) in the case of a female subscriber, the husband and children of the subscriber, and the widow and children of a deceased son of the subscriber:
Provided that, if a subscriber by notification in writing to the Registrar, 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 matter to which these rules relate, unless the subscriber subsequently cancels formally in writing her notification excluding him.
Explanation 1.- "Children" means legitimate children.
Explanation 2.- An adopted child shall be considered to be a child, when the Registrar or if any doubt arises in the mind of the Registrar, the Solicitor to the Government of Maharashtra, is satisfied that under the personal law of the subscriber, adoption is legally recognized as conferring the status of a natural child, but in this case only;
(b) "Fund" or "Provident Fund" means the Provident Fund established and maintained under these rules;
(c) "Pay" means pay, substantive and officiating, special pay leave salary and dearness pay
Explanation. — For the purpose of calculating the pay of an employee of the Council at any time on or after the 1st day of April 1970, the dearness pay shall be deemed always to have formed part of his pay.
(d) "Year" means financial year.
2. Application. – These rules shall apply to the employees of the Council for whom subscription to the provident fund is compulsory under sub-rule (3) of rule 84 of the Maharashtra Medical Council Rules, 1967.
3. Management. – The Fund shall be administered by the Registrar under the direction of the Council in accordance with these rules.
4. Constitution of Fund. –
(1) The fund shall be made up of — a) subscriptions, b) contributions, and c) interest on subscriptions and contributions.
(2) The Council shall, as soon as practicable and in any case at least every six months, invest in the name of the Council the corpus and all monies of the Fund through the Reserve Bank of India in Government securities within the meaning of clause (a) of section 2 of the Indian Securities Act, 1920, or in securities of the nature specified in clauses (c) and
(d) of section 20 of the Indian Trusts Act, 1882:
Provided that monies which are required to be applied immediately or within twelve months may be deposited with the State Bank of India or any other Bank approved by the State Bank of India or any other Bank approved by the State Government in this behalf.
5. Rate of subscription and Manner of Recovery.
(1) The amount of subscription shall be fixed by the subscriber himself, subject to the following conditions, that is to say,- a) It shall be expressed in whole rupees; and b) It may be any sum expressed in whole rupees not being less than 8 per cent of his pay and not more than 20 per cent thereof.
(2) The subscriber shall intimate to the Registrar the fixation of the amount of his subscription in writing when he is first required to join the Provident Fund, and thereafter at least one month before the commencement of each year.
(3) The amount of subscription so fixed shall remain unchanged throughout the year.
(4) Subscription as fixed by the subscriber under sub-rule (2) shall be deducted every month from his pay and credited to his account. It shall be considered as paid to the fund on the first day of the month following that in respect of which the pay is due.
6. Contributions. – The Council's contribution shall be equal to 8 per cent of the subscriber's pay during the year, and shall be made yearly on 31st March except in the case of death or retirement of a subscriber when the Council's contribution to that subscriber's account shall be calculated to date. The amount of contribution payable by the Council shall be rounded off to the nearest whole rupee (i.e. fifty paise and above shall be treated as one rupee, and amounts less than fifty paise shall be ignored).
7. Gratuity. – If an employee of the Council retires or resigns or dies while in service, the Council shall pay to such employee by way of gratuity an amount equal to half month's pay for each completed year of service, the maximum amount to be so paid being not more than Twenty months pay which ever is less:
Provided that, the amount shall not be so paid unless the employee has put in at least five years continuous service with the Council.
Explanation - For purposes of this rule, the pay of the employee shall be the average pay drawn by him during the three years immediately preceding the date of his retirement from service, any periods of leave on reduced pay or leave without pay being ignored.
8. Rate of Interest. –
(1) Interest, at the same rate as is fixed by the Government of Maharashtra from time to time for a subscriber to the General Provident Fund, shall be allowed by the Council or, the amount at the credit of a subscriber, and shall be credited annually on the 31st March or when any subscriber quits service or dies while in service, on the date of his quitting service, or death, as the case may be.
(2) If the interest payable under this rule exceeds the interest earned by the Council on the investments of the Provident Fund, such excess shall be provided by the Council from other funds at its disposal and shall not be charged to the State Government.
9. Accounts. – 1) A separate account shall be kept for each subscriber showing the amount of his own personal subscriptions, with the interest thereon as it accrues and his share of the yearly contribution of the Council with interest thereon and the amount of advances outstanding, if any. The account shall be maintained in whole rupess, fractions of a rupee equal to or exceeding fifty paise being counted as one rupee and fractions of a rupee less than fifty paise being ignored. A copy of his account for the previous year shall be furnished to each subscriber not later than 31st July in each year.
2) The Council shall deposit each year in the Fund an amount to be fixed with reference to the charges to be met by the Council in payment of liability to the Fund 3) The following books of account shall be maintained:- a) Provident Fund Ledger;
b) Register of Subscriber;
c) Provident Fund Cash Book;
d) Register of Advances and Recoveries; and e) Investment Register.
10. Circumstances in which accumulation are payable. – The total sum at the credit of a subscriber shall be payable to him on the termination of his service subject to the right of the Council to deduct therefrom any sum due to themselves, provided that, the total sum deducted shall not exceed the total of their contribution, credited to his account, and provided that — a) a subscriber who resigns his post within five years after his admission to the Fund will receive his own subscriptions and his share in the complete accrued interest of the Fund, and with the sanction of the Council also the contribution made to his account by the Council.
b) if a subscriber is permanently disabled or invalidated he will ordinarily receive his subscriptions, the Council's contributions in his behalf, and his share in the whole of the accrued interest at whatever stage of his service, he is disabled or invalidated.
c) if a subscriber is dismissed or removed from service on grounds of gross misconduct or fraud, he shall not be entitled to any contribution by the Council. Such a subscriber will receive his own subscriptions and his share in the complete accrued interest of the Fund, provided that if the order of dismissal is subsequently cancelled, the amount of the Council's contribution to his account shall, on his reinstatement in the service, be replaced at his credit in the Fund.
11. Payments. – When the amount standing to the credit of a subscriber in the Fund or the balances thereof after any deduction under rule 10 becomes payable, it shall be the duty of the Registrar to make payment as provided in section 4 of the Provident Fund Act, 1925.
12. Advances. – 1) The President in the case of the Registrar, and the Registrar, in the case of other staff, may at their discretion, grant advances to subscribers out of the fund towards any of the following purposes:- a) to pay expenses incurred in connection with the illness of a subscriber or a member of his family;
b) to pay expenses in connection with marriages or other ceremonies which by the religion of the subscriber it is incumbent upon him to perform and in connection with which it is obligatory that expenditure should be incurred.
2) The advance shall not ordinarily exceed three month's pay and shall in no case exceed the amount of the subscriber's subscriptions including accrued interest.
3) When an advance has already been granted to a subscriber, no subsequent advance shall be granted to him, except for very special reasons to be recorded in writing, until at least three calendar months have elapsed since the complete repayment of the advance taken.
4) The amount of any advance to a subscriber under this rule shall be debited to a separate account of such subscriber as against his own contributions to the Fund and will operate to reduce protanto the amount standing to his credit in the fund, from time to time, until the advance shall be recovered, the recoveries being credited to the said account as and when made. No interest will be credited to the account of any subscriber to whom an advance has been made of any amount for the time being debited to his account as representing an outstanding advance.
5) An advance shall be recovered from the monthly pay of the subscriber in such number of equal monthly installments, not being more than 36 in any case, as the sanctioning authority at the time of sanctioning the advance may direct. The recovery shall commence on the first occasion after the advance is made, when the subscriber draws pay or leave salary on full pay for a whole month and shall be in addition to the usual subscription.
Note: A subscriber may, however, at his option make repayment in less than the number of installments fixed as hereinabove provided. No installments will be recovered from the salary of any subscriber who is on leave, unless such leave is leave on full pay. When two or more advances are made, each advance should be treated separately and the monthly deduction of not less than 1/24th of each advance shall be made until the advance is cleared.
6) The installments will be paid by compulsory deductions from substantive pay and will be in addition to, the usual subscriptions.
7) When an advance is repayable in twelve installments an additional installment representing interest and equivalent to 3 ½ per cent of the amount of the advance shall be paid in the month following that in which the last installment is paid. Similarly two additional installments repr