Employees' State Insurance Corporation (General Provident Fund) Rules, 1995
20. Final withdrawal of accumulations in the fund
When subscriber quits the service of the corporation the amount standing to his credit in the fund shall become payable to him:
PROVIDED that a subscriber, who has been dismissed from the service and is subsequently reinstated in the service, shall, if required to do so by the director general, repay any amount paid to him from the fund in pursuance of this rule, with interest thereon at the rate provided in rule 13 in the manner prescribed in the proviso to rule 21. The amount so repaid shall be credited to his account in the fund.
Explanation I: A subscriber, other than one who is appointed on contract or one who has retired from service and is subsequently re-employed, with or without a break in service shall not be deemed to quit the service, when he is transferred without any break in service to a new post under a State Government or in another department of the Central Government (in which he is governed by another set of provident fund rules) and without retaining any connection with his former post, in such case, his subscriptions together with interest thereon shall be transferred-
(a) to his account in the other fund in accordance with the rules of that fund, if the new post is in another department of the Central Government, or
(b) to a new account under the State Government concerned if the new post is under a State Government and the State Government consents, by general or special order, to such transfer of his subscriptions and interest.
Note : Transfers shall include cases of resignation from the service in order to take up appointment in another department of the Central Government or under the State Government without any break and with proper permission of the Central Government. In cases where there has been a break in service it shall be limited to the joining time allowed on transfer to a different station.
The same shall hold good in cases of retrenchments followed by immediate employment whether under the same or different government.
Explanation II: When a subscriber, other than one who is appointed on contract or one who has retired from service and is subsequently re-employed or is transferred, without any break, to the service under a body corporate owned or controlled by government, or an autonomous organization, registered under the Societies Registration Act, 1860, the amount of subscriptions together with interest thereon, shall not be paid to him but shall be transferred with the consent of that body to his new provident fund account under that body.
Transfers shall include cases of resignation from service in order to take up appointment under a body corporate owned or controlled by government or an autonomous organization, registered under the Societies Registration Act, 1860, without any break and with proper permission of the Central Government. The time taken to joint the new post shall not be treated as a break in service if it does not exceed the joining time admissible to a government servant on transfer from one post to another:
PROVIDED that the amount of subscription together with interest thereon, of a subscriber opting for service under a public enterprise may, if he so desires, be transferred to his new provident fund account under the enterprise if the concerned enterprise also agreed to such a transfer. If, however, the subscriber does not desire the transfer or the concerned enterprise does not operate a provident fund, the amount aforesaid shall be refunded to the subscriber.