ALL-INDIA SERVICES (DEATH-CUM-RETIREMENT
BENEFITS) RULES, 1951
PREAMBLE
In exercise of the
powers conferred by sub-section (I) of section 3 of the All India Services Act,
1951 (61 of 1951), the Central Government, after consultation with the
Governments of the State concerned, hereby makes the following rules, namely.
Rule - 1. Short title and application.
(1) These rules may be
called the All-India Services (Death-cum-Retirement Benefits) Rules, or after
the 29th October 1951.
(2) (a) Subject to the
provisions of clause (b) of this sub-rule, they shall apply to all persons who
retired from the service on or after the 29th October 1951.
(b) They do not apply
to those members of the service who were promoted to the Service, from the
State Services, or were appointed to the Services under the I.A.S. (Extension
to States) Scheme and who under orders issued by the Central Government before
the coming into force of those rules were given option the matter of pension
rules, by which they would be governed and who in exercise of that option chose
to be governed by the Superior Civil Services Rules, the Civil Services
Regulations, or the Pension Rules of the State concerned as the case may be:
Provided that the
members of the service to whom these rules do not apply and who were in service
on the 1st January 1964, may opt to be governed by these rules in accordance
with such orders as may be issued by the Central Government in this behalf.
Rule - 2. Definitions.
(1) In these rules,
unless the context otherwise requires.
(a) "Accounts
Officer" means such officer as may be appointed by the Comptroller and
Auditor-General of India;
(aa) "average
emoluments" means the average of the emoluments drawn by a member of the
Service during the last ten months of his service;
NOTE:
(i) If during the last
ten months of his service, a member of the Service has been absent on leave
with allowances or having been suspended, has been reinstated without
forfeiture of service, his emoluments for the purpose of ascertaining the
average should be taken as what they would have been had he not been absent
from duty or suspended.
(ii) If during the last
ten months of
his service a member of the Service has been absent from duty on leave without
allowances (not counting of pension) or suspended under such circumstances that
the period so passed does not count as qualifying service, the period of such
leave or suspension shall be disregarded in the calculation of the average, an
equal period before the ten months being included.
(iii) In the case of a
member of Service who, while on leave preparatory to retirement is confirmed in
the higher post which he held in an officiating or temporary capacity before
proceeding on such leave, his substantive emoluments in the higher post, which
he would have drawn had he been on duty, shall be taken into account for the
purpose of calculation of his average emoluments.
(iiia) The emoluments
drawn by a member of the Service during the last ten months of his service
shall count for purposes of calculation of average emoluments only if the pay
drawn during the said period is-
(a) in a cadre post; and
(b) in an ex-cadre post
if it is fully met out of the Consolidated Fund of either the Union or the
State;
(iiib) in the case of
a member of the Service who was deputed to any foreign service post during the
last 10 months of his service the pay should be reckoned with reference to his
entitlement in the Cadre or the pay which he would have drawn in a post under
the Central Government, had he been on central deputation. For this purpose, the
certificate given by the State Government on whose cadre the member is borne,
regarding the pay he would have drawn in the cadre, or the certificate given by
the Central Government regarding the pay he would have drawn in a post under
the Central Government, had he not gone on foreign service, would be treated as
sufficient.
(iv) Except as provided in
clauses (i), (ii), (iii), (iii-a) and (iii-b) above, only emoluments actually
received shall be included in the calculation. For example, where a member of
the Service is allowed to count time retrospectively towards increase of pay
but does not receive retrospectively the intermediate periodical increments,
these increments shall not be reckoned in the calculation of average
emoluments.
(v) Period of joining
time which fall within the last ten months of
service of a member of the service shall form part of the ten months for the
purpose of average emoluments.
(vi) Where the emoluments
of a member of the Service have been reduced during the last 10 months of his
service, otherwise than as a penalty, average emoluments may, at the discretion
of the Government, be substituted for emoluments for the purpose of calculation
of the gratuity or death-cum-retirement gratuity admissible under rule 18 or
rule 19.
(vii) In the case of a
member of Service, who while officiating in a higher post proceeds on leave and
retires or dies while on leave, the benefit of officiating or temporary pay for
the purposes of this clause and clause (bb) shall be given only if it is
certified that the member of the Service would have continued to hold the
higher officiating or temporary appointment but for his proceeding on leave.
(b) "death-cum-retirement
gratuity" means the lump sum granted to a member of the Service or his
family in accordance with rule 19;
(bb)
"Emoluments" means the basic pay that a member of the service was
receiving before his retirement/death, as the case may be; (w.e.f.
1.1.1997) "Emoluments" for the purpose of calculation of
retirement/death Gratuity, means the pay and Dearness Allowance that a member
of the service was receiving on the date of his retirement/death, as the case
may be:
Provided further that
those who retire between the 1st day of January, 1996 and the 31st day of
December, 1997 shall have an option to retain the pre-revised scales of pay and
have their pension and death-cum-retirement gratuity calculated under the rules
in force immediately before the 1st day of January, 1996. In such cases the
term "Emoluments" shall mean the pay which the member of service was
receiving before his retirement or death, as the case may be, and will include
Dearness Allowance up to AICPI 1436 and Interim Relief I and Interim Relief II:
Provided also that,
in case of the persons who retain pre-revised scales ( i.e. prior to the 1st
day of January, 1996) and retire or the in harness subsequent to the 31st
December, 1997, Pension, Retirement Gratuity, Death Gratuity and Family
Pension, as may be relevant, shall be calculated in terms of relevant rules as
effective from the 1st January, 1996. The "emoluments" for
calculation of pensionary benefits in their case shall be the basic pay in the
pre-revised ( i.e. prior to the 1st January, 1996) scale, plus Dearness
Allowance as admissible up to CPI 1510 in terms of Ministry of Finance Office
Memorandum No. 1(5)/96.E II (B) dated the 20th March, 1996 appropriate to the
basic pay plus two instalments of Interim Relief at the rates in force on the
31st December, 1995, appropriate to the said basic pay:
Provided also that
the average emoluments based on the basic pay of the preceding ten months of
those Government servants who had opted to come over to the revised scales of
pay and had retired within a period of 10 months reckoned from the 1 day of
January, 1996 shall, for the purpose of determining their pension entitlement,
be calculated as follows:
(A) For the period during
which pay was drawn in the pre-revised pay scales: The total emoluments for the
number of months for which pay was drawn in the pre-revised pay scales shall be
calculated after taking into account the following:
(i) Basic Pay (including
increments, if-any drawn during the intervening period).
(ii) Dearness allowance
upto CPI 1510, i.e. @ 148%, 111% and 96% of the basic pay as the case may be.
(iii) The first and second
instalments of Interim Relief appropriate to the Basie Pay drawn during the
relevant period.
(iv) Notional increase of
the Basic Pay by applying the Fitment Benefit of 40 percent on the Basic Pay in
the pre-revised pay scale.
(B) For the period during
which pay was drawn in the revised pay scales: The aggregate of the Basic Pay
for the number of months for which pay was drawn in the revised pay scales.
The average
emoluments of the preceding ten months will thereafter be calculated by adding
(A) and (B) and dividing the result by 10. Pension admissible will consequently
be 50% of the average emoluments so calculated.
Explanation - For the
purposes of this sub-rule, the expressions "pre-revised pay scales"
and "revised pay scales" shall mean the scales of pay applicable
before the implementation of the recommendations of the Fifth Central Pay
Commission with effect from 1st day of January, 1996 and the scales of pay
accepted and notified on the basis of the recommendation of the Fifth Central
Pay Commission with effect from the 1st day of January, 1996 respectively.
Provided that in the
case of all members of the Service retiring from Service within ten months of
the coming over to the revised scales of pay, as revised w.e.f. the 1st day of
Jan, 1986 emoluments in respect of any period prior to coming over to the
revised scale of pay shall include:
(i) Pay other than
special pay in the pre-revised scale of pay prior to the 1st Jan, 1986;
(ii) Dearness allowance,
additional dearness allowance and ad hoc dearness allowance appropriate to pay
up to Cost of Price Index 608 actually drawn during the relevant period; and
(iii) Interim relief
appropriate to pay actually drawn during the relevant period.
(c) "gratuity"
means the lump sum specified in Schedule A which may be granted to a person
retiring from the Service before completion of ten years of qualifying service;
(cc) Indian Civil
Service members of the Indian Administrative Services means a person, who was
initially appointed to the Civil Service of the Crown in India known as the
Indian Civil Service and who subsequently become a member of the Indian
Administrative Service;
(d) "leave
rules" means the All India Services Leave Rules, 1955;
(e) "leave with
allowance" means leave other than extraordinary leave;
(f) "member of
the Service" means a member of an All India Service as defined in Section
2 of the All India Services Act, 1951 (61 of 1951);
(g)' pay' means the
amount drawn monthly by a member of the Service as -
(i) pay, other than
special pay or pay granted in view of his personal qualifications, which has
been sanctioned for a post held by him substantively or in an officiating
capacity, or to which he is entitled by reason of his position in a cadre;
(ii) overseas pay, special
pay and personal pay; and
(iii) any other emoluments
which may be specially classified as pay by the Government.
(h)
"pension" means the amount
payable monthly under rule 18 to a person who has retired from the Service, in
recognition of the services rendered by him to Government;
(i)
Omitted.
(j)
"retirement benefits"
includes Pension or gratuity and death-cum-retirement gratuity where
admissible;
(jj) "Revised
scales of pay' means the scales of pay introduced with effect from the 1st day
of January, 1996, unless specified otherwise.
(k)
"schedule" means a schedule to these rules;
(l)
Deleted.;
(m) "State
Government" means the State Government on whose cadre the member of the
Service was borne immediately before retirement or death and in relation to a
member of an All India Service borne on a joint cadre, the joint cadre Authority.
(2) All words and
expressions used in these rules and not defined therein but defined in the
Pensions Act, 1871 (23 of 1871) or the General Clauses Act, 1897 (10 of 1897),
or in the Leave Rules shall have the meanings respectively assigned to them in
the said Acts or in the said Rules.
Rule - 3. General conditions.
(1) Future good conduct
of the pensioner is implied condition of every grant of pension and its
continuance.
(2) The Central
Government may withhold or withdraw any pension or any part of it, for a specified
period or indefinitely, on a reference, from the State Government concerned, if
after retirement a pensioner is convicted of a serious crime or be guilty of
grave misconduct.
Provided that no such
order shall be passed without consulting the Union Public Service Commission.
(3) The decision of the
Central Government on any question of withholding or withdrawing the whole or
any part of the pension under sub-rule (2) shall be final.
Rule - 4. Limitation.
A member of the
Service cannot earn two pensions in the same office at the same time or by the
same continuous service.
Rule - 5. Removal, Dismissal or Resignation from Service.
(1) No retirement
benefits may be granted to a person who has been dismissed or removed from the
Service or who has resigned from the Service:
Provided that if the
circumstances of the case so warrant, the State Government may grant to a
person who has been dismissed or removed from the Service a compassionate
allowance not exceeding two-thirds of the retirement benefits which would have
been admissible to him if he had been invalided and not dismissed or removed
from the Service.
(2) Subject to the
provisions of Rule 5A, where a member of the Service is required to retire or
resign from the Service as a condition of his appointment under a statutory or
other body, he shall be granted the retirement benefits to which he would have
been entitled if he had been invalided from the service and not resigned or
retired.
Rule - 5A. Permanent Absorption of Members of the Service in or under a Corporation, Company or body.
(1) Notwithstanding
anything contained in Rule 5, a member of the Service, who has been permitted
by the Central Government to be absorbed in service or post in or under a
corporation or company wholly or substantially owned or controlled by the
Central Government or under a body controlled or financed by the Central
Government, shall be deemed to have retired from Service from the date of such
absorption and shall be eligible to retirement benefits in accordance with the
orders issued by the Central Government in respect of officers of Central Civil
Services Group 'A'.
(2) Deleted.
(3) A member of the
Service referred to in sub-rule (1) shall not be governed by the provisions of
rule 22 or 22B as the case may be, if his family is entitled to family pension
under the rules of the organization in which he is permitted to get absorbed
permanently.
Rule - 6. Recovery from Pension.
(1) The Central
Government reserves to itself the right of withholding a pension or gratuity,
or both, either in full or in part, whether permanently or for a specified
period, and of ordering recovery from pension or gratuity of the whole or part
of any pecuniary loss caused to the Central or a State Government, if the
pensioner is found in a departmental or judicial proceedings to have been
guilty of grave misconduct or to have caused pecuniary loss to the Central or a
State Government by misconduct or negligence, during his service, including
service rendered on re-employment after retirement:
Provided that no such
order shall be passed without consulting the Union Public Service Commission.
Provided further that
-
(a) such departmental
proceeding, if instituted, while the pensioner was in service, whether before
his retirement or during his re-employment, shall, after the final retirement
of the pensioner, be deemed to be a proceeding under this sub-rule and shall be
continued and concluded by the authority by which it was commenced in the same
manner as if the pensioner had continued in service;
(b) such departmental
proceeding, if not instituted while the pensioner was in service, whether
before his retirement or during his re-employment -
(i) shall not be
instituted save with the sanction of the Central Government;
(ii) shall be in respect
of an event which took place not more than four years before the institution of
such proceeding; and
(iii) shall be conducted by
such authority and in such place or places as the Central Government may direct
and in accordance with the procedure applicable to proceeding on which an order
of dismissal from service may be made;
(c) such judicial
proceeding, if not instituted while the pensioner was in service, whether
before his retirement or during his re-employment, shall not be instituted in
respect of a cause of action which arose or an event which took place more than
four years before such institution.
Explanation - For the
purpose of this -
(a) a departmental
proceeding shall be deemed to be instituted, when the charges framed against
the pensioner are issued to him or, if he has been placed under suspension from
an earlier date, on such date; and
(b) a judicial proceeding
shall be deemed to be instituted -
(i) in the case of
criminal proceedings, on the date on which the complaint is made or a
charge-sheet is submitted, to the criminal court; and
(ii) in the case of civil
proceedings, on the date on which the plaint is presented or, as the case may
be, an application is made, to a civil court.
Note-1- Where a part
of the pension is withheld or withdrawn the amount of such pension shall not be
reduced below the amount of rupees three hundred and seventy five per mensem.
Note-2- Where Central
Government decides not to withhold or withdraw pension but orders recovery of
any pecuniary loss from pension, the recovery shall not ordinarily be made at a
rate exceeding one-third of the pension admissible on the date of retirement of
the member of the service.
(2)
Whether any departmental or judicial
proceeding is instituted under sub-rule (1), or where a departmental proceeding
is continued under clause (a) of the proviso thereto against an officer who has
retired on attaining the age of compulsory retirement or otherwise, he
shall be paid during the period commencing from the date of his retirement to
the date on which, upon conclusion of such proceeding final orders are passed a
provisional pension or death-cum-retirement gratuity even though he produces
medical certificate admissible on the basis of qualifying service up to date of
retirement, or if he was under suspension on the date of retirement up to the
date immediately preceding the date on which he was placed under suspension;
but no gratuity or death-cum-retirement gratuity shall be paid to him until the
conclusion of such proceeding and the issue of final orders thereon.
Provided that where
disciplinary proceeding has been instituted against a member of the Service
before his retirement from service under rule 10 of the AH India Service
(Discipline and Appeal) Rules, 1969, for imposing any of the penalties
specified in clause (i), (ii) and (iv) of sub-rule 1 of rule 6 of the said
rules and continuing such proceeding under sub-rule (1) of this rule after his
retirement from service, the payment of gratuity or death-cum-retirement
gratuity shall not be withheld,
(3)
Payment of provisional pension made
under sub-rule (2) shall be adjusted against the final retirement benefits
sanctioned to the pensioner upon conclusion of the aforesaid proceeding, but no
recovery shall be made where the pension finally sanctioned is less than the
provisional pension or the pension is reduced or withheld either permanently or
for a specified period.
[NOTE - The grant of
pension under this rule shall not prejudice the operation of rule 20 of these
Rules, when final pension is sanctioned upon conclusion of the proceeding.]
Rule - 7. Compulsory Retirement as a Measure of Penalty.
(1) a member of the
Service who as a measure of penalty is Compulsorily retired from the Service by
the Central Government in accordance with the provisions of the All-India
Services (Discipline and Appeal) Rules, 1955, may be granted retirement
benefits on the basis of his qualifying service on the date of such compulsory
retirement on the appropriate scales indicated in Schedules 18
and 19.
Provided that, if the
circumstances of the case so warrant, the Central
Government after consultation with the Union Public Service Commission may
direct that the retirement benefits shall be paid at such reduced scales as may
not be less than two-thirds of the retirement benefits under rules 18 and 19.
(2) The family of a
member of the Service who is compulsorily retired from the service as a measure
of penalty shall be entitled to a family pension under rules 22, 22-A or 22-B,
as the case may be. For the purpose of rule 22, the family pension shall
be admissible for a maximum period of five years from the date of compulsory
retirement.
Rule - 8. Qualifying Service.
(1) Unless provided
otherwise in these rules, qualifying service of a member of the Service for
purposes of these rules begins from the date of his substantive appointment to
the Service:
Provided that in the
case of a member of the Service appointed initially on probation the period of
probation shall also count as qualifying service.
(2) Any period of service
under the Central or a State Government rendered by a member of the service
prior to his appointment to the service shall count as qualifying service under
these rules to the extent to which such service would have counted as
qualifying service for pension under the rules applicable to him prior to his
appointment to the service provided that the service is otherwise continuous:
Provided that
temporary or officiating service, followed without interruption by confirmation
in the same or another post, shall count in full as qualifying service except
in respect of periods of temporary or officiating service in non-pensionable
establishments.
Explanation - For the
purpose of this rule -
(1) Leave of any kind or
suspension followed by reinstatement does not constitute a break.
(2) Service under a State
Government includes the service rendered before migration into India as a
result of the partition in States which have since become part of Pakistan,
breaks in service, if any, caused at the time of such migration due to reasons
beyond the control of the member of the Service may be condoned by the State
Government but the period of the break or breaks will be ignored in determining
the total length of qualifying service.
(2A) The period of
service rendered under an autonomous body, wholly or substantially owned or
controlled by the Central Government and taken over by it, by a member of the
service who left the service of that body at any time prior to its takeover by
the Central Government and who later on joined Government Service with or
without break, shall count as qualifying service for pension under these rules
to the extent and subject to the conditions under which such service is counted
as qualifying service for pension under the Central Civil Service (Pension)
Rules, 1972 or under any orders issued by the Central Government in this
behalf.
(3) Deleted.
(4)
A member of the service who rendered
war/military service, before his appointment to an All-India Service shall
count that service as qualifying service to the extent to which such service is
counted as qualifying for pension under the Civil Service Regulations as
applicable to members of the Central Services Class I or under any orders that
might be issued by the Central Government in this behalf.
(5) (a) A member
of the service who, prior to his appointment to the Service, held a post in the
General Administrative Reserve or a post under Government on a contract basis,
shall have the option to count the period of his service in such post in full
as qualifying for pension under these rules. Provided that such service is
otherwise continuous and that he did not draw inflated rates of pay by reason
of the absence of retirement benefits.
(b) The option under
clause (a) shall be exercised within a period of three months from the 31st
December 1962 or within three months from the date of appointment to the
Service, whichever is later. The option, once exercised, shall be treated as
final.
(c) Where a member of
the Service exercises the option to count his previous service in the General
Administrative Reserve or on contract basis, the amount of Government
contributions with interest thereon standing to his credit in any contributory
provident fund to which he might have been admitted shall be surrendered (and
credited to the consolidated funds of the Constituent States, in such
proportion as may be prescribed by the Joint Cadre Authority) while the amount
of his own subscriptions to that fund, if not already withdrawn, together with
interest thereon, shall be transferred to his account in the All India Service
Provident Fund.
Provided that in a
case where the Government contributions have already been paid to the member of
the Service, he shall be required to refund them with interest from the date of
payment to the date of final refund in a suitable number of instalments, to be
prescribed by the State Government.
(6) A member of the
service who prior to his appointment to the Service held a post under
Government carrying contributory provident fund benefits shall have the option
to count as qualifying service the whole of the period of his service in such a
post during which he actually subscribed to the Contributory Provident Fund.
The option under this
sub-rule shall be exercised within a period of three months from the 31st
December 1962 or within three months of appointment to the Service, whichever
is later. The option once exercised shall be final.
Where a member of the
service exercise the option, the amount of Government contributions together
with interest thereon standing to his credit in that fund shall be surrendered
and credited
to the Consolidated Fund of the State on whose cadre he is borne, while the amount
of his own subscriptions to that fund if not already withdrawn, together with
interest thereon, shall be transferred to his account in the All-India Services
Provident Fund :
Provided that in a
case where the Government contributions have already been paid to the member of
the Service, he shall be required to refund them with interest in a suitable
number of instalments to be presented by the State Government.
(7)
Foreign service rendered by a member of
the service shall count as qualifying service provided that contributions
towards the cost of retirement benefits of the member of the service, at
such rates as the Central Government may prescribe from time to time, have been
paid either by the foreign employer or, failing that, by the member of the
Service himself, in respect of the entire period of foreign service, unless the
payment of contribution has been waived by Government.
(8)
'Authorised Joining Time' availed of by
a member of the Service shall count as qualifying service.
(8A) A member of the
Service, who had participated in the national movement and who entered
Government service by availing himself of the concession of relaxation of age
in terms of the Ministry of Home Affairs office memoranda No. l5/21/48-Ests,
dated the 29th November 1948 and No. 6/1/51-NGS, dated the 14th February, 1951
or corresponding orders, if any, issued by the State Government in this regard,
shall be allowed to add to his qualifying service, only for superannuation
pension purpose, a period not exceeding one-forth of the length of his service
or the actual period by which his age at the time of recruitment exceeds 25
years, a period of 5 years, whichever is the least.
(9) The qualifying
service shall be calculated in six monthly periods. A fraction of less than
three months shall not be taken into account in calculating the total
qualifying service.
NOTE - A member of
the service who was not entitled to receive the Government's share of the
contribution in the Contributory Provident Fund in respect of any service
rendered prior to his appointment to the Service, on the ground that he did not
put in the minimum period of service under the rules of the said Fund, shall be
deemed to have opted for counting that service as qualifying for pension under
sub-rules (5) or (6) of this rule. But the Government's contribution to the
Contributory Provident Fund together with interest accrued thereon shall be
transferred to the accounts of the State on whose cadre he is borne and that
State shall bear the pensionary liability for the said service.
Rule - 8A. Addition to qualifying service on voluntary retirement.
(1) The qualifying
service as on the date of intended retirement of a member of the Service
retiring under sub-rule (2) or sub-rule (2A) of rule 16 shall be increased by
the period not exceeding 5 years subject to the condition that the total
qualifying service rendered by him does not in any case exceed 33 years and it
does not take him beyond the age of superannuation.
(2)
The weightage up to 5 years under
sub-rule (1) shall not be admissible in the case of a member of the Service who
is retired from Service in Public interest by the Central Government under
sub-rule (3) of rule 16.
Rule - 9. Counting of periods of leave as qualifying service.
(1) All periods of
leave with allowances and extraordinary leave granted on the basis of medical
certificate shall count as qualifying service.
Provided that the
Central Government may, in any case in which it is satisfied that the
extraordinary leave was taken by a member of the Service for any cause beyond
the control of such member or for prosecuting higher scientific and technical
studies, direct that such extraordinary leave shall be counted as qualifying
service.
(2)
Leave granted by foreign employer to a
member of the service while on foreign service out of India under sub-rule (1)
of rule 27 of the Leave Rules shall be treated as leave and not as duty and
shall qualify for pension subject to the provision of sub-rule(l).
Rule - 10. Counting of periods of deputation or leave outside India for purposes of qualifying service.
(1) Where a member of the
Service is deputed out of India on duty, the whole period of his absence from
India on such deputation shall count as qualifying service.
(2) Where a member of the
Service on leave out of India is employed, or is detained on duty out of India
after the termination of his leave, the period of such employment or detention
shall count as qualifying service:
Provided that the
periods of deputation converted into leave shall count for purposes of
qualifying service as leave and not as deputation.
(3) Time spent on journey
to India by a member of the Service who is recalled to duty before the expiry
of any duly sanctioned leave out of India counts as qualifying service.
Rule - 11. Periods not qualifying as service for pension.
The following periods
of service of a member of the Service do not count as qualifying service for
pension.
(1) Time passed by a
member of the Service under suspension unless, on conclusion of the
disciplinary proceeding he has been fully exonerated or the suspension is held
to be wholly unjustified:
Provided that where a
member of the Service has not been fully exonerated in the disciplinary
proceedings or the suspension has not been held to be wholly unjustified, the
period of suspension shall count as qualifying service only to such extent and
in accordance with such directions as the competent authority may issue under
rules 5, 5A or 5B of the All India Services (Discipline and Appeal) rules,
1969,
(2)
Leave other than leave which counts as
qualifying service under rule 9.
(3)
Unauthorised absence in continuation of
authorized leave of absence or joining time:
Provided that where a
member of the Service who has been suspended pending disciplinary proceedings
regarding his conduct is reinstated, but with forfeiture of any part of his pay
and allowances for the period of his suspension, such period shall count
as qualifying service under these rules only to such extent and in accordance
with such direction as the competent authority may issue under clause (6) of
sub-rule (3) of rule 9 of the All India Services (Discipline and Appeal) Rules,
1955.
Rule - 12. Interruption in service and condonation of break in service.
(1) In the absence of
a specific indication to the contrary in the service records of a member of the
Service, an interruption between two spells of service, rendered by him after
his appointment to the service shall be treated as automatically condoned and
the pre-interruption service treated as qualifying service except in a case
where interruption is caused by dismissal or removal from service.
(2)
In a case falling under sub-rules (2),
(5) or (6) of rule 8, where service rendered by a member of the Service under a
State Government or the Central Government prior to his appointment to the
Service is counted as qualifying service under the said rule and an
interruption in service is inevitable due to the two appointments being at
different stations, such interruption not exceeding the joining time
permissible under the rules of transfer, shall be treated as automatically
condoned.
(3)
In a case where war or military service
is counted as qualifying service for pension under sub-rule (4) of rule 8, the
interruption if any, in such service as well as any interruption between such
service and subsequent civil service shall be treated as automatically
condoned.
(4)
The period or periods of interruptions
referred to in sub-rules (1) to (3) shall not count as qualifying service.
Rule - 13. Invalid gratuity or pension.
(1) Where the Government
has reason to believe that a member of the Service is suffering from -
(a) a contagious disease:
or
(b) a physical or mental
disability which in its opinion interfere with the efficient discharge of his
duties it may direct him to undergo medical examination with a view to retire
him from service in invalid gratuity or pension, as the case may be.
A Member of the
Service also may, if he feels that he is not in a fit state of health to
discharge his duties, apply to the Government for retirement on invalid
gratuity or pension as the case may be.
(2) An invalid gratuity
or pension and death-cum-retirement gratuity where admissible shall be granted
to a member of the Service who having appeared under the direction of the Government
or on his own application before a duly constituted Medical Board, is certified
by that Medical Board by bodily or mental infirmity, to be permanently
incapacitated for further service. (The
family of a member of the Service who retires or is retired under this rule
shall be entitled to the benefits of the family pension as laid down in rule 22
or 22-B)
(2A) Notwithstanding
anything contained in sub rule (2), relief against rise in the cost of living
index shall be granted to every such member of the Service at such scales
and in such manner as may be prescribed by the Central Government from time to
time for officers of the Central Government Civil Services, Class-I.
(3) The medical
certificate of incapacity shall be attached.
(a) if the member of the
Service is on leave out of India, by a Medical Board to be convened for the
purpose by the Indian Mission in the country in which the member of the Service
is on leave;
(b) in other cases, by
the Medical Board to be convened by the Chief Administrative Medical Officer of
the State in which the member of the Service is on duty or on leave. The Chief
Administrative Medical Officer, shall, wherever practicable, preside over such
a Board.
(4) Save where he is on
leave out of India no member of Service shall apply for a medical certificate
of incapacity and no such certificate shall be granted unless-
(a) the applicant
produces evidence to show that the Government is aware of his intention to
appear before the Chief Administrative Medical Officer; and
(b) The Chief Administrative
Medical Officer is informed about the age of the applicant as recorded in his
history of services and is supplied with a statement of the leave taken by him
during the three years immediately preceding and of the history of the medical
case and the treatment adopted as far as possible.
(5) If the Medical Board,
although unable to discover any specific disease in the member of the Service,
considers him incapacitated for further service by general disability while
still under the age of (fifty
eight) years, it shall give detailed reasons for its opinion. Wherever possible
a second medical opinion shall in such cases be obtained.
NOTE. In a case of
this kind a statement giving the grounds on which it is proposed to invalidate
a member of the Service shall be forwarded to the Medical Board by the
Government under whom he is serving.
(6) A certificate that
inefficiency is due to old age or natural decay from advancing years shall not
be deemed to be sufficient for retiring a member of the Service on invalid gratuity
or pension.
(7) The Medical
Certificate shall be in the form set forth in Schedule 'C'.
Rule - 14. Restrictions on the grant of invalid gratuity or pension.
(1) A member of the
Service who is discharged from the Service on grounds other than those specified
in rule 13 shall have no claim to invalid gratuity or pension or
death-cum-retirement gratuity even though he produces medical evidence of
incapacity for Service 41(nor will his family, be entitled to
the benefits of the family pension).
(2) If the incapacity is
directly due to irregular or intemperate habits. No invalid gratuity or pension
or death-cum-retirement gratuity shall be granted to a member of the Service.
If it has not been directly caused by such habits but has been accelerated or
aggravated by them it shall be for the Central Government to decide what
reduction, if any, shall be made on this account in the retirement benefits
otherwise admissible.
NOTE. (1) The mere
fact that a member of the Service has suffered from syphilis, taken by itself,
is not sufficient to bring his case under the operation of this rule.
(2) Unsoundness of
mind caused by drug habits shall be taken as sufficient to bring his case under
the operation of this rule.
(3) The expression
"irregular or intemperate habits" occurring in this rule refers to
incapacity on account of drug habits or on account of diseases resulting from
immoral habits. Cases where incapacity was due to other causes e.g. work at
irregular hours during war and after, due to exigencies of service and not due
to own violation, do not come under the purview of this rule.
Rule - 15. Retirement from service of member of the Service in certain cases and grant of leave.
(1) A member of the
Service who has been declared by a Medical Board to be permanently incapacitated
for further service shall, if he is on duty, be invalided from Service from the
date of relief which shall be arranged without delay on receipt of the report
of the Medical Board or, if he is granted leave under sub-rule (2), on the
expiry of such leave:
Provided that if he
is on leave at the time of receipt of the report of the Medical Board, he shall
be invalided from service on the expiry of that leave or extension of leave, if
any, granted to him under sub-rule (2).
(2) A member of the
Service in respect of whom a Medical Board has reported that there is no
reasonable prospect of his ever being fit to return to duty, may not be granted
leave except as follows.
(a) If the Medical Board
is unable to say with certainty that the members of the Service leave not
exceeding 12 months in all may be granted to him. Such leave shall not be
extended without further reference to a Medical Board.
(b) If a member of the
Service has been declared by the Medical Board to be completely and permanently
incapacitated for further service, leave or an extension of leave may be
granted to him after the report of the Medical Board has been received,
provided that the amount of leave so granted, together with any period of duty
beyond the date on which the Medical Board signed their report shall not exceed
6 months.
Rule - 16. Superannuation gratuity or pension.
(1) 49A member of the
Service shall retire from the service with effect from the afternoon of the
last day of the month in which he attains the age of sixty years:
Provided that a
member of the Service whose date of birth is the first day of a month shall
retire from service on the afternoon of the last day of the preceding month on
attaining the age of sixty years:
Provided further that
a member of the Service dealing with budget work or working as a full-time
member of a Committee which is to be wound up within a short period may be
given extension of service for a period not exceeding three months in public
interest, with the prior approval of the Central Government.
Provided also that a
Member of the Service holding the post of Chief Secretary to a State Government
may be given extension of service for a period not exceeding six months on the
recommendations made by the concerned State Government with full justification
and in public interest, with the prior approval of the Central Government.
Provided also that a
member of the Service who has attained the age of fifty-eight years on or
before the first day of May, 1998 and is on extension in service, shall retire
from the service on the expiry of his extended period of service or on the
expiry of any further extension, granted by the Central Government in public
interest, and that no such extension in service shall be granted beyond the age
of sixty years.
(1A) Notwithstanding
anything contained in sub-rule (1), the Central Government may, if it considers
necessary in the public interest to do so, give extension in service to the
incumbents of the posts of the Cabinet Secretary, Defence Secretary, Home
Secretary, Director, Intelligence Bureau, Secretary, Research and Analysis Wing
and Director, Central Bureau of Investigation for such period as it may deem
proper
Provided that the
total term of the Cabinet Secretary who is granted such extensions of service
shall not exceed three years;
Provided further that
the total term of me other Secretaries and Directors who are granted such
extensions of service under these Rules shall not exceed two years.
(2) A member of the
Service may, after giving at least three months' previous notice in writing, to
the State Government concerned, retire from service on the date on which such
member completes thirty years of qualifying service or attains fifty years of
age or on any date thereafter to be specified in the notice:
Provided that no
member of the Service under suspension shall retire from service except with
the specific approval of the Central
Government.
Provided further that
the State Government concerned on a request made by the member of the service
may, if satisfied and for reasons to be recorded in writing, relax the period
of notice.
(2A) A member of the
service may, after giving three months' previous notice in writing to the State
Government concerned, retire from service on the date on which he completes 20
years of qualifying service or any date thereafter to be specified in the
notice:
Provided that a
notice of retirement given by a member of the service shall require acceptance
by the Central Government if
the date of retirement on the expiry of the period of notice would be earlier
than the date on which the member of the Service could have retired from
service under sub-rule (2).
Provided further that
a member of the Service, who is on deputation to a corporation or company
wholly or substantially owned or controlled by the government or to a body
controlled or financed by the Government, shall not be eligible to retire from
the service under this rule for getting himself permanently absorbed in such
corporation, company or body.
Provided also that a
member of the Service borne on the Cadres of Assam-Meghalaya. Manipur-Tripura,
Nagaland and Sikkim may retire from service on the date on which he/she
completes 15 years of service.
(3) The Central
Government may, in consultation with the State Government concerned and after
giving a member of the Service at least three months previous notice in
writing, or
three months' pay and allowances in lieu of such notice require that member to
retire in public interest from service on the date on which such member completes
thirty years of qualifying service or attains fifty years of age or on any date
thereafter to be specified in the notice.
Note 1: In computing
the period of three month's notice referred to in sub-rules (2), (2A) and (3)
the date of service of the notice and the date of its expiry shall be excluded.
Note 2: In the case
of a member of Service who retires under sub-rule (2) or (2A) or who is retired
under sub-rule (3), the date or retirement shall be treated as a non-working
day.
(4) A superannuation
gratuity or pension shall be granted to a member of the Service who is required
to retire under sub-rule (1) of this rule.
Rule - 16A. Acceptance of date of birth.
(1) For the purpose
of the determinations of the date of superannuation of a member of the Service,
such date shall be calculated with reference to the date of his birth as
accepted, by the Central Government under this rule.
(2)
In relation to a person, appointed,
after the commencement of the All-India Services (Death-cum-Retirement Benefits)
Amendment Rules, 1971, to.
(a) The Indian
Administrative Service under clause (a) or clause (aa) of sub-rule (1) of rule
4 of the Indian Administrative Service (Recruitment) Rules, 1954; or
(b) The Indian Police
Service under clause (a) or clause (aa) of sub-rule (1) of rule 4 of the Indian
Police Service (Recruitment) Rules, 1954; or
(c) The Indian Forest
Service under clause (a) or clause (aa) of sub-rule (2) of rule 4 of the Indian
Forest Service (Recruitment) Rules, 1966.
the date of birth as
declared by such person in the application for recruitment to the service shall
be accepted by the Central Government as the date of birth of such person.
(3)
In relation to a person to whom
sub-rule (2) does not apply, the date of birth as recorded in the service book
or other similar official document maintained by the concerned government shall
be accepted by the Central Government, as the date of birth of such person.
(4)
The date of birth as accepted by the
Central Government shall not be subject to any alteration except where it is
established that a bona fide clerical mistake has been committed in accepting
the date of birth under sub-rule (2) or (3).
Rule - 17. Retiring pension and gratuity.
(1) A retiring
pension and death-cum-retirement shall be granted to a member of the services
who retires or is required to retire under rule 16.
(2) Notwithstanding
anything contained in sub-rule (1), relief against rise in the cost of living
index shall be granted to every such member of the Service at such scale and in
such manner as may be prescribed by the Central Government from time to time
for officers of the Central Civil Services, Class I.
Rule - 18. Amount of gratuity or pension.
(1) (a) In case
a member of the Service retires from service in accordance with the provisions
of these rules, before completing qualifying service of ten years, gratuity
shall be admissible at the rate of half month's pay of each completed six
monthly period of qualifying service.
(b) (i) In case a
member of the service retires from service in accordance with the provisions of
these rules, after completing qualifying service of thirty three years or more,
pension shall be admissible to him at the rate of fifty per cent of the average
emoluments reckonable for pension:
Provided that the
pension calculated under this rule shall not be more than rupees fifteen
thousand per month subject to the condition that the full pension shall in no
case be less than fifty per cent of the minimum of the revised scale of pay
introduced with effect from the 1st day of January, 1996 for the post last held
by the member of the Service at the time of his retirement.
(ii) In case a member
of the Service retires from service in accordance with the provisions of these
rules after completing 10 years of qualifying service but less than 33 years of
qualifying service, the pension admissible to him shall be such proportion of
the maximum pension admissible under this sub-rule as the qualifying service
rendered by him bears to the qualifying service of 33 years.
In case a member of
the Service retires from Service between the 1st January, 1996 and the 31st
December, 1997, and exercises an option to retain the pre-revised scale of pay
and draws pension and death-cum-retirement gratuity under the rules in force
immediately before the 1st day of January, 1996, the pension and
death-cum-retirement gratuity in such cases shall be regulated as follows:
(i) Pension shall be
calculated at fifty percent of the average emoluments. To the amount so
calculated, Dearness Relief up to AICPI 1510 at the prescribed rates shall be
added and the amount so arrived at shall be regarded as pension.
(ii) Death-cum-retirement
gratuity shall be admissible with reference to emoluments at (i) above under
the orders/rules ( including that in respect of ceiling) in force immediately
before coming into effect of the revised rules, with effect from 1st day of
January, 1996.
Explanation. In this
sub-Clause, "emoluments" means "Pay" as defined in first
provision of Rule 2(1) (bb).
(2)
An Indian Civil Service member of the
Indian Administrative Service shall be entitled to receive an annuity of Rs.
13,333.33:
Provided that, if any
such member opts for the death-cum-retirement gratuity scheme, his annuity
shall be reduced by the annuity equivalent of the amount of gratuity.
Provided that the
amount of invalid pension shall not be less than the amount of family pension
admissible under sub-rule (2) of rule 22B.
Note. A member of the
service retired from service before the 1st day of January, 1986 shall be
granted such additional relief in pension as may be sanctioned by the Central
Government.
Rule - 19. Death-cum-retirement gratuity.
(1) Subject to the
provisions of rule 14, a member of the Service who retires or is retired under
rule 13 or 16 and
has on the date of such retirement completed 5 years ' qualifying service may
be granted a death-cum-retirement gratuity not exceeding the amount specified
in sub-rule (3).
(2) If a member of the
Service []
dies while in service, a death-cum-retirement gratuity not exceeding the amount
specified in sub-rule (3) may be paid to the person or persons on whom the
right to receive such gratuity is conferred under rule 21 and if there is no
such person, it may be paid in the manner indicated below.
(i) If there are one or
more surviving members of the family as in items (i), (ii) and (iii) of clause
(a) of sub-rule (1) of rule 21, it may be paid to all such members, other than
any such member who is a widowed daughter, in equal shares.
(ii) if there are no such
surviving members of the family as in clause (i) above, but there are one or
more surviving widowed daughters and/or one or more surviving members of the
family as in items [(iv)
to (viii)] of clause (a) of sub-rule (1) of rule 21 it may be paid to all such
members, in equal shares.
(2A) If a member of
the Service dies after retirement without receiving the gratuity admissible
under these rules, the gratuity shall be disbursed to the family in the manner
indicated in sub-rule(2).
(2B)
The right of a female member of the family or that of a brother of the member
of the Service who dies while in service or after retirement, to receive the
share of gratuity shall not be affected if the female member marries or
re-marries or the brother attains the age of 18 years after death of the member
of the service and before receiving his or her share of gratuity.
(2C)
Where gratuity is granted under this rule to a minor member of the family of
the deceased member of the service, it shall be payable to the guardian on
behalf of the minor.
(3) (a) (i) A retirement
gratuity equal to one fourth of the emoluments for each completed period of six
months of service shall be paid to member of the service on his retirement from
service who has completed five years' qualifying service, subject to a maximum
of sixteen and half times of the emoluments:
Provided that the
amount of retirement gratuity payable under this clause shall not exceed
rupees three
lakh and fifty thousand.
(4) (a) (ii) In the case
of the death of a member of the service while in service, death gratuity shall
be admissible at the following rates.
|
|
Length of service
|
Rate of Gratuity
|
|
(i) -
|
Less than one year
|
Two times of emoluments.
|
|
(ii)
|
One year or more but less than 5
years.
|
Six times of emoluments.
|
|
(iii)
|
5 years or more but less than 20
years
|
12 times of emoluments.
|
|
(iv)
|
20 years or more
|
Half of emoluments for every
completed six monthly period of qualifying service subject to a maximum of 33
times emoluments provided that the amount of Death Gratuity shall in no case
exceed Rupees three lakh and fifty thousand.
|
(b) If a member of
the Service who has become eligible for gratuity or pension dies after he has
retired from the service, and the sums to which he had become entitled at the
time of his death on account of such gratuity or pension together with the
death-cum-retirement gratuity granted under sub-rule (1) and the commuted value
of any portion of pension commuted by him are less than an amount equal to 12
times his emoluments, a gratuity equal to the deficiency may be granted to the
person or persons specified in sub-rule (2).
[****]
Rule - 19A. Interest on delayed payment of Gratuity or Death-cum-Retirement Gratuity.
(1) If the payment of
gratuity or death-cum-retirement gratuity has been authorised after three months
from the date when its payment became due, and it is clearly established that
the delay in payment was attributable to administrative lapses, interest
at the rate prescribed by the Central Government from time to time shall be
paid on the amount of gratuity or death-cum-retirement gratuity in respect of
the period beyond three months.
(2)
If as a result of Government's decision
taken subsequent to the retirement of a member of the Service, the amount of
gratuity or death-cum-retirement gratuity already paid on his retirement is
enhanced on account of.
(i) grant of emoluments
higher than the emoluments on which gratuity or death cum retirement gratuity
was determined; or
(ii) liberalisation in the
provisions of these rules from a date prior to the date of retirement of the
member of the Service concerned, no interest on the arrears of the gratuity or
death-cum-retirement gratuity shall be paid.
Rule - 19B. Deposit Linked Insurance Scheme for members of the services.
On the death of the
member of the service on
or before 30th Sept., 91 and to whom rule 19BB does not apply the persons
entitled to receive the amount standing to his credit in the Provident Fund
under the All India Services (Provident Fund) Rules, 1955, shall be sanctioned
an additional amount equal to the average balance in the said account during
the three years immediately preceding the death of such members, subject to the
fulfilment of the following conditions, namely.
(a) the balance in the
said account should not have fallen below Rs. 4000 at
any time during the said period of three years.
(b) the limits up to
which the benefit of insurance cover will be available will be Rs. 10,000.
(c) the benefit would be
admissible only if the member of the service has put in at least five years'
service at the time of his death.
Note 1. The average
balance shall be worked out on the basis of the balance at the credit of a
member of the service in his provident fund account at the end of each of the
36 months preceding the month in which the death occurs.
For this purpose, as
also for checking the minimum balance prescribed in clause (a) above.
(i) the balance at the
end of March, shall include the interest credited under rule 9 of the All India
Service (Provident Fund) Rules, 1955, and;
(ii) if the last of the aforesaid
36 months is not the month of March, the balance at the end of the said last
month shall include interest in respect of the period from the beginning of the
financial year in which death occurs to the end of the said last month.
Note 2.-Payment under
this scheme shall be in whole rupees. If an amount due includes a fraction of a
rupee it shall be rounded to the nearest rupee, a fraction of less than 50
paise being ignored.
Note 3.-Any sum
payable under this Scheme is in the nature of insurance money and, therefore,
the statutory protection given by section 3 of the Provident Fund Act - 1925
(Act 19 of 1925) shall not apply.
Rule - 19BB. Deposit-Link and Insurance Revised Scheme for members of the service.
On the death of a
member of the service, the person entitled to receive the amount standing to
the credit of the member in the provident fund under the All India Services
(Provident Fund) Rules, 1955, shall be sanctioned an additional amount equal to
the average balance in the said account during the 3 years immediately
preceding the death of such member, subject to the fulfilment of the following
conditions, namely.
(a) the balance in the
said account should not have fallen below Rs. 12,000/- at any time during the 3
years preceding the month of death.
(b) the additional amount
payable under this rule shall not exceed Rs. 30,000/-.
(c) the member of the
service had put in at least 5 years of service at the time of his/her death.
Note 1. The average
balance shall be worked out on the basis of the balance at the credit of the
member of the service in his provident fund account at the end of each of the
36 months preceding the month in which the death occurs. For this purpose, as
also for checking the minimum balance prescribed in clause (a).
(i) the balance at the end
of March shall include the interest credited under rule 9 of the All India
Services (Provident Fund) Rules, 1955; and
(ii) If the last of the
aforesaid 36 months is not the month of March, the balance at the and of said
last month shall include interest in respect of the period from the beginning
of the financial year in which death occurs to the end of the said last month.
Note 2. Payment under
this scheme shall be in whole rupees. If an amount due includes a fraction of a
rupee it shall be rounded to the nearest rupees (50 paise or above counting as
the next higher rupee).
Note 3. Any sum
payable under this scheme is in the nature of insurance money and, therefore,
the statutory protection given by section 3 of the Provident Fund Act, 1925
(Act 19 of 1925) does not apply to sums payable under this Scheme.
Rule - 19C. Recovery and Adjustments of Government dues.
(1) It shall be the duty
of every retiring member of the service to clear all Government dues before the
date of his retirement.
(2) Where a retiring member
of the Service does not clear the Government dues and such dues are
ascertainable.
(a) an equivalent cash
deposit may be taken from him; or
(b) an equivalent amount
shall be deducted from the gratuity and the death-cum-retirement gratuity.
Explanation: For the
purpose of this rule, dues which are ascertainable shall include balance of
house building or conveyance advance, arrears of rent and other charge
pertaining to occupation of Government accommodation, over payment of pay and
allowances and arrears of income-tax deductible at source under the Income-tax
Act, 1961 (43 of 1961).
NOTE.- Omitted.
Rule - 20. Conditions for grant of Retirement Benefits.
Deleted.
Rule - 21. Nominations.
(1) For the purpose of
this rule -
(a) "family"
shall include the following relatives of the member of the Service.
(i) wife or husband
(ii) sons;
(iii) unmarried and widowed
daughter;
(iv) brothers below the
age of 18 years. and unmarried or widowed sisters;
(v) father;
(vi) mother;
(vii) married daughter; and
(viii) children of a
predeceased son.
NOTE 1.- Items (ii)
and (iii) will include step children.
NOTE 2.- An adopted
son or an adopted daughter may be treated as son or daughter for the purpose of
this rule provided that the Accounts Officer or if any doubt arises in the mind
of the Accounts Officer the Solicitor to the State Government is satisfied that
under the personal law of the member of the service adoption is legally
recognized conferring the status if a natural child.
(b) " person"
shall include any company or association or body of individuals whether incorporated
or not.
(2) A member of the
Service shall, soon after confirmation in the Service, make a nomination
conferring on one or more persons the right to receive the death-cum-retirement
gratuity that may be sanctioned under sub-rule (2) or clause (b) of sub-rule
(3) of rule 19 and any gratuity, which having become admissible to him under
rule 18 had not been paid to him before his death:
Provided that.
(i) if at the time of
making the nomination, the member of the Service has a family, the nomination
shall not be in favour of any person or persons other than the members of his
family; and
(ii) where the member of
the Service has only one member in his family in whose favour the original
nominations should be made the alternate nomination can be made in favour of
any person who is not a member of his family or in favour of a body or persons
corporate or incorporate.
(3) If a member of the
Service nominates more than one person under sub-rule (2), he shall specify in
the nomination the amount or share payable to each of the nominees in such
manner as to cover the whole amount of death gratuity.
(4) A member of the
service may provide in a nomination -
(a) in respect of any
specified nominee that in the event of his predeceasing the member of the
Service, the right conferred upon that nominee shall pass to each other person
as may be specified in the nomination:
Provided that if at
the time of making the nomination, the member of the Service has a family
consisting of more than one member, the person to be specified shall not be a
person other than a member of his family; and
(b) that the nomination
shall become invalid in the event of the happening of a contingency specified
therein.
(5) The nomination made
by a member of the Service who has no family at the time of making it, or a provision
made in a nomination under clause (a) of sub-rule (4) by a member of the
Service whose family consists, at the time of making the nomination, of only
one member, shall become invalid in the event of the member of the Service
subsequently acquiring a family or an additional member in the family, as the
case may be.
(6) Every nomination
shall be in such one of the forms given in the Schedules D to G, as may be
appropriate in the circumstances of the case.
(7) (a) A member of the
Service may at any time cancel a nomination by sending a notice in writing to
his Accounts Officer:
Provided that the
member of the Service shall along with such notice send a fresh nomination made
in accordance with this rule.
(b) Immediately on
the death of a nominee in respect of whom no special provision has been made in
the nomination under clause (a) of sub-rule (4) or on the occurrence of any
event by reason of which the nomination becomes invalid in pursuance of clause
(b) of that sub-rule (5), a member of the Service shall send to his Accounts
Officer a notice in writing formally canceling the nomination together with a
fresh nomination made in accordance with this rule.
(8) Every nomination made
and every notice of cancellation given by a member of the Service under this
rule shall be sent by him to his Accounts Officer.
(9) Every nomination made
and every notice of cancellation given by a member of the Service shall, to the
extent that it is valid, take effect on the date on which it is received by the
Accounts Officer.
Rule - 22. Family Pension.
(1) 1This rule applies to
those members of the Service who were in Service on the 31s December
1963 and who had specifically opted for the benefits of this rule under the
orders issued by the Central Government.
(2) (a) The State
Government may grant a family pension to the family of a member of the Service
in the event of the death of that member after he had rendered twenty years of
qualifying Service. In exceptional circumstances, the Central Government may grant
a family pension to the family of a member of the Service if the death of such
member occurs before he has completed twenty years of qualifying service, if he
has rendered not less than ten years of qualifying service.
(b) The. total period
for which a family pension may be paid shall be ten years :
Provided that the
period of payment of family pension shall in no case extend beyond a period of
five years from the date on which the member of the Service actually retired,
or on which he would have retired on superannuation pension in the normal
course according as the death takes place after retirement or while the member
of the service was in service.
NOTE. In the case of
a member of the Service who dies while on extension of service the expression
" date on which he would have retired on superannuation pension in the
normal course" in the above proviso shall mean the date up to which
extension of service has been sanctioned to him before his death.
(3)
Subject to the maximum of Rs. 150 per
mensem the amount of family pension shall he -
(a) In the event of death
while in service, half the pension admissible to a member of the Service had he
retired on a superannuation pension on the date following the date of death;
(b) In the event of death
after retirement, half the pension sanctioned for him at the time of
retirement.
(3-A) The family
pension admissible under this rule shall be enhanced by ad hoc increase at such
scales and in such manner as the Central Government may, from time to time,
specify for officers of the Central Services Group 'A'.
(4)
For the purpose of this rule -
"family "
shall include the following relative of the members of the Service
(i)
wife or husband;
(ii)
sons;
(iii)
unmarried and widowed daughters.
(iv)
brothers, below the age of 18 years;
and unmarried or widowed sisters;
(v)
father; and
(vi)
mother.
NOTE .1 - Items (ii)
and (iii) will include step children.
NOTE. 2 - An adopted
son or an adopted daughter may be treated as son or daughter for the purpose of
this rule provided that the Accounts Officer, or if any doubt arise in the mind
of the Accounts Officer, the Solicitor to the State Government, is satisfied
that under the personal law of the member of the Service, adoption is legally
recognized as conferring the status of a natural child.
(5)
No family pension shall be payable under this rule -
(a) to a person mentioned
in clause (b) of sub-rule (6) without the production of reasonable proof that
the person was dependent on the member of the Service for support;
(b) to an unmarried woman
member of the family of the member of the Service in the event of her marriage;
(c) to a widowed woman
member of the family of the member of the Service in the event of her
re-marriage;
(d) to a brother of a
member of the Service, on the former attaining the age of 18 years; and
(e) to a person who is
not member of the family of the member of the Service.
(6)
Except as may otherwise be provided by
a nomination under sub-rule (7)-
(a) a family pension
under this rule shall be allowed.
(i) to the eldest
surviving widow if the deceased was a male member of the Service or to the
husband if the deceased was a woman member of Service:
Explanation - The
expression " eldest surviving widow" shall be construed with
reference to the seniority according to the date of the marriage with the
member of the Service and not with reference to the age of the surviving
widows;
(ii) failing a widow or
husband, as the case may be, to the eldest surviving son:
(iii) failing (i) and (ii),
to the eldest surviving unmarried daughter;
(iv) failing the above, to
the eldest widowed daughter. and
(b) in the event of no
family pension becoming payable under clause (a), family pension may be granted
-
(i) to the father.
(ii) failing (i) above, to
the mother.
(iii) failing (i) and (ii)
above, to the eldest surviving brother below the age of 18.
(iv) failing (i) to (iii)
above, to the eldest surviving unmarried sister; and (v) failing (i) to
(iv) above, to the eldest surviving widowed sister.
(7)
If a member of the service who has
completed 30 years service desires that any family pension that may be sanctioned
under this rule should be payable to any member of his family in any order to
be specified by him, he may make a nomination for the purpose in the form given
in Schedule 'H' indicating the order in which the family pension should be
payable to the members of his family and to the extent that it is valid, the
family pension shall be payable in accordance with such nomination provided the
persons concerned satisfy the requirements of sub-rule (5) at the time of the
grant of such pension. In case the person concerned does not satisfy the
requirements of sub-rule (5), the family pension shall be granted to the person
next lower in that order.
NOTE - The provisions
of clause (a) of sub-rule (7), sub-rule (8) and sub-rule (9) of rule 21 shall
apply in respect of nomination made under this sub-rule also.
(8)
(a) A family pension sanctioned under this rule shall not be payable to more
than one member of the family of the member of the Service at the same time.
(b) If a family
pension sanctioned under this rule ceases to be payable before the expiry of
the period mentioned in sub-rule (2) on account of the death or marriage of the
recipient or other causes, it shall be re-granted for the unexpired portion of
that period to a person next lower in the order shown in the nomination made
under sub-rule (7) or in the absence of a nomination, to the person in the
order mentioned in sub-rule (6), who satisfies the other provision of this
rule.
(9)
A family pension sanctioned under this
rule shall be tenable in addition to any compensation or any extraordinary
pension or gratuity that may be granted to the member of the pensioner's family
under the existing rules or Acts.
(10) Deleted.
Rule - 22A. Continuation of family pension benefits.
(1) In respect of
widows or minor children who were actually in receipt of family pension on the
31st December 1963, or who become entitled to family pension under these rules
consequent on the death on or after the 1st January 1964, of an officer who
retired as a member of the service before that date, the period of payment of
family pension shall be extended beyond the expiry of the period of which
family pension is admissible under rule 22 up to -
(a) the date of death or
re-marriage, whichever is earlier, in the case of widows; and
(b) the date of attaining
majority in the case of children or, the date of marriage, if earlier, in the
case of daughters.
(2)
The
rate of family pension for the extended period will be equal to half the family
pension admissible previously subject to a minimum of 20 per mensem.
NOTE - The benefits
of the rule are subject to the general conditions laid down in sub-rules (8),
(9) and (10) of rule 22.
(3) The family
pension admissible under this rule shall be enhanced by ad hoc increases at
such scales and in such manner as the Central Government may from time to time
specify for officers of the Central Services Group 'A'.
Rule - 22B.
(1) Application- This
rule shall apply to-
(a) All the members of
the Service appointed to the Service on or after the 1st January 1964.
(b) All those who were
members of the service on 31st December 1963 and who opted or are deemed to
have opted for this rule under the general or special order issued by the
Central Government,
(2) Subject to the
provisions of rule 22C, with
effect from the 1st day of January 1996, family pension shall in no case be
less than thirty percent of the minimum pay in the revised scale of pay
introduced with effect from the 1st day of January, 1996 of the post last held
by the pensioner or the deceased member of the Service as the case may be
subject to the minimum of rupees one thousand two hundred and seventy five per
mensem and a maximum of rupees nine thousand.
NOTE: In case, the
members of the Service who retire or will be retiring between the 1st day of
January, 1996 and the 31st day of December, 1997 exercise an option to retain
the pre-revised scales of pay, the family pension in such cases shall be
allowed in accordance with the rules and orders applicable prior to the 1st day
of January, 1996 and shall be calculated with reference to the basic pay in the
pre-revised scale. To the family pension so calculated Dearness Relief up to
average AICPI 1510 at the prescribed rate shall be added. The amount so arrived
at shall be regarded as the family pension for regulating payment of Dearness
Relief beyond average AICPI 1510.
(3)
The period for which family pension is payable shall be as follows.
(i)
In the case of a widow or widower, up
to the date of death or remarriage, whichever is earlier;
(ii) in the case of a
son or unmarried daughter till such son or daughter attains the age of 25 years
or up to the date of his/her marriage, whichever is earlier;
(iii)
in the case of a widowed/divorced
daughter till her remarriage, subject to the income criterion as prescribed by
the Central Government from time to time.
(iv)
in case of parents, up to the death of
both the parents.
Provided that if the
son or daughter of a member of the service is suffering from any disorder or
disability of mind or is physically crippled or disabled so as to render him or
her unable to earn a living even after attaining the age of 25 years in the case
of a son or a daughter, the family pension shall be payable to such son or
daughter for life subject to the following conditions, namely.
(a) if such son or
daughter is one among two or more children of the member of the service, the
family pension shall be initially, payable to the minor children in the order
set out in clause (iii) of sub-rule (5) of this rule until the last minor child
attains the age of 25 years, as the case may be, and thereafter the family
pension shall be resumed in favour of the son or daughter suffering from
disorder or disability of mind or who is physically crippled or disabled and
shall be payable to him or her, for life;
(b) if there are more
than one such son or daughter suffering from disorder or disability of mind or
who are physically crippled or disabled, the family pension shall be paid in
the following order namely:
(i) firstly to the son,
and if there are more than one son the younger of them will get the family
pension only after the life time of the elder;
(ii) secondly, to the daughter,
and if there are more than one daughter the younger of them will get the family
pension only after the life time of the elder;
(c) family pension
shall be paid to such son or daughter through the guardian as if he or she were
a minor except in the case of physically crippled or disabled son/daughter who
had attained the age of majority;
(d)
before allowing the family pension for
life to any such son or daughter, the sanctioning authority shall satisfy that
the handicap is of such a nature as to prevent him or her from earning his or
her livelihood and the same shall be evidenced by a certificate obtained from a
medical officer not below the rank of a Civil Surgeon setting out, as far as
possible, the exact mental or physical condition of the child;
(e)
the person receiving the family pension
as guardian of such son or daughter 88 or such son or daughter not receiving
the family pension through guardian, shall produce every three years a
certificate from a medical officer not below the rank of a Civil Surgeon to the
effect that he or she continues to suffer from disorder or disability of mind
or continues to be physically crippled or disabled.
Notes: Omitted.
(1) A daughter shall
become ineligible for family pension under the sub-rule from the date she gets
married.
(2) The family pension
payable to such a son or daughter shall be stopped, if he/she starts earning
his/her livelihood.
(3) In such cases it
shall be the duty of the guardian or
son or daughter to furnish a certificate to the Treasury or Bank, as the case
may be, every month, that (i) he or she has not started earning his/her
livelihood; (ii) in case of daughter, that she has not yet married.
(4) (a)
(i) Where the family pension is payable to more widows than one, the family
pension shall be paid to the widows in equal shares.
(ii) On the death of
a widow, her share of the family pension shall become payable to her eligible
child; provided that if the widow is not survived by any child, her share of
the family pension shall cease to be payable.
(b) Where the
deceased member of the service or pensioner is survived by a widow but has left
behind eligible child or children from another wife who is not alive, the
eligible child or children shall be entitled to the share of family pension
which the mother would have received if she had been alive at the time of the
death of the member of the service or pensioner.
(5)
(i) Except as provided in sub-rule (4), the family pension shall not be payable
to more than one member of the family at the same time.
(ii) If a deceased
member of the service or pensioner leaves behind a widow or widower, the family
pension shall become payable to the widow or widower, failing which to the
eligible child.
(iii) If sons and
unmarried daughters are alive, unmarried daughters shall not be eligible for
family pension unless the sons attain the age of 21 years and thereby become
ineligible for the grant of family pension.
(6)
Where a deceased member of the Service
or pensioner leaves behind more children than one the eldest eligible child
shall be entitled to the family pension for the period mentioned in clause (ii)
of clause (iii) of sub-rule (3) as the case may be, and after the expiry of the
period the next child shall become eligible for the grant of family pension.
(7)
Where family pension is granted under
this rule to a minor, it shall be payable to the guardian on behalf of the
minor.
(8)
In case both wife and husband are
members of the service and are governed by the provisions of this rule and one
of them dies while in service or after retirement, the family pension in
respect of the deceased shall become payable to the surviving husband or wife,
the surviving child or children shall be granted the two family pensions in
respect of the deceased parents subject to the limits specified below, namely.
(a) (i) if the surviving
child or children is or are eligible to draw two family pensions at the rate
mentioned in Rule 22-C, the amount of both the pensions shall be limited
to two
thousand five hundred rupees per mensem;
(ii) if one of the
family pensions ceased to be payable at the rate mentioned in Rule 22-C and in
lieu thereof the pension at the rate mentioned in sub-rule (2) of this rule
becomes payable the amount of both the pensions shall also be limited to two
thousand five hundred rupees per mensem;
(b) if both the family
pensions are payable at the rates mentioned in sub-rule (2) of this rule, the
amount of two pensions shall be limited to one
thousand two hundred and fifty rupees per mensem.
(9)
Where a member of the service dies
leaving behind a judicially separated husband or widow, as the case may be, and
no child or children, the family pension in respect of the deceased shall be
payable to the person surviving:
Provided that where,
in a case, judicial separation is granted on the ground of adultery and the
death of the member of the service takes place during the period of such
judicial separation, the family pension shall not be payable to the person
surviving if such person surviving was held guilty of committing adultery.
(10) (a)
Where a member of the Service dies leaving behind a judicially separated
husband or widow as the case may be, with a child or children, the family
pension payable in respect of the deceased shall be payable to the surviving
persons provided he or she is the guardian of such child or children.
(b) Where the
surviving person has ceased to be the guardian of such child or children, such
family pension shall be payable to the person who is the actual guardian of
such child or children.
(11) (i)
As soon as possible after joining service a member of the Service shall give
details of his family in the form given in Schedule J to the Accounts Officer.
If he has no family, he shall furnish the details as soon as he acquires a
family.
(ii) If there is a
subsequent change in the family, including the marriage of a daughter, the
facts shall be intimated to the Accounts Officer, who shall make necessary
entry in the form.
(iii) The Accounts
Officer shall, on receipt of the form, keep it in safe custody and acknowledge
receipt of the form and all further communications received from the member of
the Service in this behalf.
(12) (i)
The benefits of this rule shall not accrue to the family of a member of the
Service who is dismissed or removed from service:
Provided that if such
a member of the service was in receipt of compassionate allowance under proviso
to sub-rule (1) of rule 5, his family shall be eligible to family pension under
this rule;
(ii) Family pension
under this rule shall not be admissible to the family of a member of the
Service when the family pension under the Extraordinary Pension Rules (whether
made by the Central Government or the State Government) is granted to such
family.
(13)
The family pension admissible under this rule shall be enhanced by ad hoc
increases at such scales and in such manner as the Central Government may from
time to time, specify for officers of Central Services Group 'A'.
(14)
Definition of "Family".
'Family' for the
purpose of this rule includes the following relatives of a member of the
Service, namely.
(i) wife and husband as
the case may be, provided the marriage took place before the retirement of the
member of the service;
(ii) a judicially
separated wife or husband such separation not being granted on the ground of
adultery, and the person surviving was not held guilty of committing adultery.
(iii) son and daughter who
has not attained the age of 25 year including son and daughter adopted legally
before retirement.
(iv) the parents provided
they were wholly dependent on the Government servant when he/she was alive and
the deceased employee had left behind neither a widow nor a child subject to
the dependency criteria in case of parents as prescribed by Central Government
from time to time.
Rule - 22C. Special Provision regarding family pension in certain cases.
For a period of seven
years from the date following the date of death or till the date on which the
member of the Service would have (attained
the age of 65 years) had he remained alive, whichever period is shorter, the
pension payable under sub-rule (2) of rule 22-B, shall be at 50 per cent of the
basic pay last drawn, subject to a maximum of twice the pension admissible
under the said sub-rule:
Provided that the
enhanced pension will be admissible if the member of the Service has put in at
least 7 years' continuous service prior to his death:
Provided further that
in the event of death after retirement the enhanced pension rates shall not
exceed the pension sanctioned to the member of the Service at the time of the
retirement inclusive of the part of the pension which the retired member of the
Service may have commuted before his death.
Explanation 1.- In
case a member of the Service dies while on extension of Service, the date upto
which the extension of service has been sanctioned before his death shall be
deemed to be the normal date of superannuation.
Explanation 2.-
Family Pension in the case of the death of a member of the Service after
retirement shall be payable only to those members of his family who were
declared as such before his retirement:
Provided that no such
declaration is necessary in respect of such of the members of the Service who
retire during the period between the 1st January, 1973 and the date of
publication of the All India Services (Death-cum-Retirement Benefits) Amendment
Rules, 1975, in the Official Gazette.
Rule - 23.
Deleted.
Rule - 24.
Deleted.
Rule - 25. Commutation of Pension.
A member of the
service may commute his pension under such conditions and to such extent as may
be prescribed by Regulations made in this behalf by the Central Government
after consultation with the Governments of the States.
Rule - 26. Acceptance of employment after retirement.
(1) A pensioner shall
not accept any commercial employment before the expiry of one
year from the date of his retirement, except with the previous sanction of the
Central Government by submitting an application in Schedule 'L'. If a pensioner
accepts a commercial employment without such sanction, it shall be competent
for the Central Government to declare by an order in writing that he shall not
be entitled to the whole or such part of the pension and for such period as may
be specified in the order:
Provided that the
previous sanction may be granted by the State Government concerned on whose
cadre the member of the service is borne and who is not holding a post higher
than a post in the pay scale of Rs. 22400-24500/- and has not worked under the
Central Government during the preceding three
years prior to his retirement from the service.
Provided further that
no such order shall be made without giving the pensioner concerned an
opportunity of showing cause against such declaration:
Provided also that it
shall be competent for the Central Government or the State Government, as the
case may be, to allow the pensioner to continue in any commercial employment in
an organisation with whom the services of the Members of the All India Services
had been placed immediately before his/her retirement under the provisions of
the respective Cadre Rules of All India Services pending formal sanction of
such commercial employment subject to the condition that the Member of the
Service shall withdraw from such organisation forthwith once a decision is
taken by the Competent Authority not to accord such sanction."
Provided also that a
pensioner who has been permitted by the Central Government to take up a
particular commercial employment during leave preparatory to retirement shall
not be required to obtain subsequent permission for his continuance in such
employment after retirement.
Explanations:
(1) 'Commercial
Employment' means.
(i) an employment,
whether paid or honorary, in any capacity including that of an agent under a
company, firm, co-operative society, body or individual engaged in trading,
commercial, industrial, financial or professional business, and includes a
directorship of such company or partnership of such firm but does not include
employment under a body corporate, wholly or substantially owned or controlled
by Government;
(ii) setting up practice,
either independently or as a partner of a firm, as adviser or consultant in
matters in respect of which a pensioner has-
(a) no professional qualifications
and the matters in respect of which the practice is proposed to be set up or
carried on are relatable to his official knowledge or experience; or
(b) professional
qualifications, but the matters in respect of which such practice is to be set
up are such as are likely to give his clients an unfair advantage by reason of
his previous official position; or
(c) to undertake work
involving liaison or contact with the offices or officers of the Government.
NOTE: 1. For the
purpose of this Explanation, employment under a cooperative society' includes
the holding of any office, whether elective or otherwise, such as that of
President, Chairman, Manager, Secretary, Treasurer and the like, by whatever
name called in such society.
2. For the purpose of
this sub-rule the expression "the date of retirement" in relation to
a pensioner re-employed after retirement, without any break either in a Class I
post under the Central Government, or in an equivalent post under a State
Government, shall mean the date on which such pensioner finally ceases to be so
re-employed in Government service.
(2) A pensioner shall not
accept any employment under a Government outside India, (or under an
international organization of which the Government of India is not a member)
except with the previous sanction of the Central Government. No pension shall
be payable to a pensioner who accepts such an employment without such sanction
in respect of any period for which he is so employed or for such longer period
as the Central Government may determine:
Provided that a
pensioner who has been permitted by the Central Government to take up a
particular employment under a Government outside India during his leave
preparatory to retirement shall not be required to obtain subsequent permission
for continuance in such employment.
NOTE. "Employment"
under a "Government outside India" shall include employment under a
local authority or corporation or any other institution or organisation which
functions under the supervision or control of a Government outside India.
(3) In granting or
refusing permission under sub-rule (1) or sub rule (2) to a pensioner for
taking up any employment, the Central Government or the State Government, as
the case may be, shall have the following factors, namely.
(i) whether the organisation
the pensioner proposes to join has any conflict of interest or activities
prejudicial to India's foreign relations, national security and domestic
harmony; and whether the organisation is undertaking any form of intelligence
gathering;
(ii) whether the pensioner
has been privy to sensitive or strategic information in the last three years of
his service which is directly related to the areas of interest or work of the
organisation which he proposes to join or the areas in which he proposes to
practice/consult,
(iii) whether there is
conflict of interest between policies of the office(s) held by the pensioner
during the last three years and the interest represented or work undertaken by
the organisations he proposes to join. Such conflict of interest, however,
should not be interpreted narrowly to mean normal economic competition with
Government or its Undertakings,
(iv) whether the service
record of the pensioner is clear, particularly with respect to integrity and
dealings with Non-Government Organisations,
(v) the emoluments
offered by the proposed employer to the pensioner and whether the proposed
emoluments and pecuniary benefits are far in excess of those currently
prevalent in the Industry.(The word "far in excess" should not be
narrowly interpreted to cover increases in such benefits that may be result of
buoyancy in the industry or in the economy as a whole); and
(vi) any other relevant
factors."
Rule - 27. Anticipatory Payments.
(1) Where a member of the
service is likely to retire before his pension can finally assessed and settled
in accordance with these rules, the Accounts Officer shall sanction the
disbursement to him of pension to which, after the most careful summary
investigation that the Accounts Officer can make without delay, he believes the
member of the service to be entitled, on the basis of his verified qualifying
service, provided that such disbursement shall be made only after the
declaration specified in schedule 'I' has been signed by the retiring member of
the service.
(2) If the Accounts
Officer considers it likely that, in a case contemplated under sub-rule (1),
the member of the service would be entitled to gratuity only, one-sixth of the
amount of gratuity which, after the most careful summary investigation that the
Accounts Officer can make without delay, he believes the member of the service
to be entitled shall upon a similar declaration, be disbursed to him monthly
until the amount is finally settled or for six months, whichever period is
less.
(3) The payment of the
anticipatory pension or gratuity shall be so arranged that it is not delayed
beyond the first of the month following the month in which the member of the
service is due to retire.
(4) If, upon the
completion of regular investigation, it be found that the pension thus
summarily assigned differs from the pension finally settled, the difference
shall be adjusted in the first payment after such final settlement:
Provided that if a
gratuity summarily assigned under sub-rule (2) proves to be larger than the
amount finally settled, the retired member of the service shall not be required
to refund any excess actually paid to him unless otherwise decided by the State
Government.
(5) Subject to the
general condition prescribed above the anticipatory payment of
death-cum-retirement gratuity and family pension may also be sanctioned to the
extent of 3/4 this of the amounts clearly admissible on the basis of the
qualifying service as verified upon to the date of sanction, and after a
declaration in the form given in Schedule 'I' has been signed by the recipient.
Rule - 27A. Revision of Pension after authorisation.
(i) Subject to the
provisions of rule 3 and Rule 6, Pension once authorised after final assessment
shall not be revised to the disadvantage of the member of the service, unless
such a revision becomes necessary on account of detection of a clerical error
subsequently;
Provided that no
revision of pension to the disadvantage of the pensioner shall be ordered by
any Authority without the concurrence of the Department of Personnel and
Training, if me clerical error is detected after a period of two years from the
date of occurrence of such error.
(ii)
For the purpose of sub rule (1), the
pensioner concerned shall be served with a notice by the sanctioning authority
requiring him to refund the excess payment of pension within a period of two
months from the date of receipt of notice by him.
(iii)
In case the pensioner fails to comply
with the notice, the authority competent to sanction pension/family pension
shall, by order in writing, direct that such excess payment, shall be adjusted
in instalments by short payments of pension in future in one or more
instalments as such authority may direct.
Rule - 28. Miscellaneous.
(1) The amount of pension
shall be rounded off to next higher rupee.
(2) The retirement
benefits under these Rules shall be drawn in rupees in India only.
(3) Application for the
grant of retirement benefits under these Rules shall be made in such form as
may be prescribed by the Central Government.
(4) The [***] payment
of retirement benefits admissible under these Rules shall be regulated by such
procedural instructions as may be issued by the Central Government.
(5) A pension under these
Rules shall be payable from the date on which the member of the service quits
service or from the date of his application for pension whichever is later:
Provided that where
satisfactory explanation is forthcoming for the delay in making an application
for pension, the State Government may allow the pension to take effect from the
date on which the member of the service quits service.
(6) The claim of a member
of the service to the retirement benefits shall be regulated by the rules in
force at the time when the member of the service resigns, retires or is retired
or discharged from service or where the member of the service dies while in
service immediately before death.
(7) The authorities
competent to retire a member of the service on different kinds of retirement
benefits shall be those indicated in Schedule
'K.'.
Rule - 29. Interpretation.
If any question
arises as to the interpretation of these Rules, the Central Government shall
decide the same.
Rule - 30. Repeal.
All rules
corresponding to these rules in force immediately before the commencement of
these rules are hereby repealed.
SCHEDULE A
[Deleted]
SCHEDULE B
[Deleted]
SCHEDULE
C
(a)
FORM
OF MEDICAL CERTIFICATE IN INDIA.
The form of the certificate to be given
respecting a member of the Service in India is as follows.
"Certified that we have carefully
examined A, B, son of CD................................... holding the post of
.............................under the Government .................... His age
is by his own statement .................. years and by appearance about
................. years. We consider A.B. to be completely and permanently
incapacitated for further service of any kind in the Indian Administrative
Service/Indian Police Service in consequence of (here state disease or cause).
His incapacity does not appear to us to have been caused by irregular or
intemperate habits.
NOTE. (If the incapacity is obviously the
result of intemperance, substitute for the last sentence: " In our opinion
his incapacity is the result of irregular or intemperate habits").
(If the incapacity does not appear to be
complete and permanent, the certificate should be modified accordingly and the
following addition should be made). "We are of opinion that A.B. is fit
for further service of a less laborious character than that which he has been
doing (or may, after residing for.....................months, be fit for
further services of a less laborious character than that which he has been
doing").
(b)
FORM
OF MEDICAL CERTIFICATE IN COUNTRIES OUTSIDE INDIA.
The form of the medical certificate given by
the Medical Board attached to the Indian Mission abroad in respect of a member
of the Service in a station outside India is as follows.
" We have carefully examined A,
B..........................taking into account all the facts of the case as
well as his present condition, we consider that A.B. is permanently incapacited
for further service in India".
NOTE. (If the incapacity is obviously the
result of intemperance add the following sentence at the end.
"In our opinion his incapacity in the
result of irregular or intemperate habits)".
SCHEDULE D
NOMINATION
FOR DEATH- cum- GRATUITY (WHEN THE MEMBERS OF THE SERVICE HAS A FAMILY AND
WISHES TO NOMINATE ONE MEMBER THEREOF)
I hereby nominate the
person mentioned below who is a member of my family and confer on him the right
to receive any death-cum-retirement gratuity that may be sanctioned by State
Government in the event of death while in service and the right to receive on
my death, any gratuity which having become admissible to. me on retirement may
remain unpaid at my death.
|
Name and address of nominee
|
Relationship with the member of the
service
|
Age
|
Contingencies on the happening on
which the nomination shall be come invalid.
|
Name, address and relationship of the
person or persons, if any, to whom the right conferred on the nominee shall
pass in the event of the nominee pre-deceasing the member of the service or
the nominee dying after the death of the member of the service but before
receiving payment of gratuity.
|
Amount or share of gratuity payable
to each.
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
|
|
|
|
|
|
|
This nomination
supersedes the nomination made by me earlier on .............................
which stands cancelled.
Dated
this............day of........... 198 at................
Witnesses to
Signature:
Signature of the
member of the Service.
SCHEDULE E
NOMINATION
FOR DEATH-cum- RETIREMENT GRATUITY
(When
the members of the service has a family and wishes to nominate more
than one member thereof)
I hereby nominate the
persons mentioned below, who are members of my family, and confer on them the
right to receive, to the extent specified below, any death-cum-retirement
gratuity that may be sanctioned by State Government in the event of my death
while in service and the right to received on my death, to the extent specified
below, any gratuity which having become admissible to me on retirement may
remain unpaid at my death.
|
Name and address of nominee
|
Relationship. with the member of the
service
|
Age
|
Amount or share of gratuity payable
to each
|
Contingencies on the happening on
which the nomination shall be come invalid.
|
Name, address and relationship of the
person or persons, if any, to whom the. right conferred on the nominee shall
pass in the event of the nominee pre-deceasing the member of the service or
the nominee dying after the death of the member of the service but before
receiving payment of gratuity
|
Amount or share of gratuity payable
to each.
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
|
|
|
|
|
|
|
|
This nomination
supersedes the nomination made by me earlier
on...................................which stands cancelled.
Dated
this............day of................198 at................
Witnesses to
Signature:
Signature of the
member of the Service.
SCHEDULE H
NOMINATION
FOR FAMILY PENSION
I, hereby nominate
the persons mentioned below, who are members of my family, to receive in the
order shown below the family pension which may be granted by State Government
in the event of my death after completion of 10 years of qualifying service.
|
Name and address of nominee
|
Relationship with the member
of service
|
Age
|
Whether married or unmarried
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
|
|
|
|
This nomination
supersedes the nomination made by me earlier on ................
..................which stands cancelled.
Dated
this............day of................198 at................
Witnesses to
Signature:
Signature of the
member of the Service.
N.B.- The officer
should draw lines across blank space below the last entry to prevent the
insertion of any name after he has signed.
SCHEDULE I
DECLARATION
FORM
Whereas
the..........................( here slate the designation of the officer
sanctioning the advance) has consented provisionally, to advance to me the sum
of Rs...........a month/Rs..............in anticipation of the completion of
the enquiries necessary to enable the Government to fix the amount of gratuity/pension/death-cum-retirement
gratuity/family pension, payable to me (as
the nominee/legal heir of Thiru...............................).
I hereby acknowledge
that, in accepting this advance I fully understand that any gratuity/pension/death-cum-retirement
gratuity/family pension payable to me is subject to revision on the completion
of the necessary formal enquiries and I promise to base on objection to such
revision on the ground that the provisional gratuity/pension/death-cum-retirement
gratuity/family pension now to be paid to me exceeds the
gratuity/pension/death-cum-retirement gratuity/family pension which may be
finally sanctioned to me. I further promise to repay any amount advanced to me
in excess of the gratuity/pension/death-cum-retirement gratuity/family pension
that may be finally sanctioned to me.
Signature...........................
Designation (if a
Government Servant)
Station.............................
Date
Witness Signature:
(with address)
Signature of the
member of the service.
SCHEDULE J
[See
rule 22B(11)(i)]
DETAILS
OF FAMILY
Name of the member of
the Service:
Designation
Date of Birth
Date of appointment:
Details of members of
my family as on:
|
S. No.
|
Name of the member of Family
|
Date of Birth
|
Relationship with the officer
|
Remarks
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
|
|
|
|
|
|
SCHEDULE K
Authorities competent
to retire a member of the service on various kind of retirement benefits.
|
Nature of Retirement Benefits
|
Authority Competent to Retire
|
|
(1)
|
(2)
|
|
(i) Proportionate pension under rule
7 and death-cum-retirement gratuity where admissible.
|
Central Government
|
|
(ii) Invalid gratuity or pension
under rule 13 and death-cum-retirement gratuity where admissible.
|
State Government after obtaining the
concurrence of the Central Government.
|
|
(iii)
Superannuation pension or gratuity under sub-rule (4) of rule 16 and death-
cum- retirement benefits where admissible.
|
State Government
|
|
(iv) Retiring pension under rule
17 [read
with rule 16(2), 16(2A)] and death-cum-retirement gratuity where admissible
|
State Government
|
|
(iv-a) Retiring pension under rule
17 [read
with rule 16(3)] and death-cum-retirement gratuity where admissible.
|
Central Government in consultation
with the State Government concerned.
|
|
(v) Family Pension under rule
22, 22A
and
|
State Government.
|
|
22B and death-cum-retirement gratuity
where admissible.
|
|
SCHEDULE L
(See
sub-rule (1) and (2) of rule 26)
FORM
OF APPLICATION TO ACCEPT COMMERCIAL EMPLOYMENT
1. Name (in block letters)
2.
Date of retirement
3.
Ministry/Department/Office in which
the officer served during the last three years preceding retirement (with
duration)
|
Name of the
Ministry/Department/Office
|
Post held
|
Duration From To
|
|
|
|
|
Note: Before granting
permission a 'no objection' would be obtained from the Cadre Controlling
Authority and from the office from where the officer retired.
4.
Post held at the time of retirement and
period for which held
5. Pay
scale of the post and pay drawn by the Officer at the time of retirement
6.
Pensionary benefits:
|
Pension expected/sanctioned
(commutation, if any should be mentioned)
|
Gratuity, if any
|
7.
Details regarding commercial employment
proposed to be taken up-
(a) Name of the
firm/company/co- operative Society, etc.
(b) Type of business
carried out and products being manufactured or services being provided by the
firm/company/co-operative Society, etc.
(c) Whether the officer
had during the last three years of his official career, any dealings with the
firm company/cooperative Society, etc.:
(d) Duration and nature
of the official dealings with the firm/company/co- operative Society, etc.
(e) Name of the job/post
offered by the firm/company/co-operative Society, etc.
(f) Whether post was
advertised, if not, how was offer made (attach details of the advertisement,
and a copy of the offer of appointment, if any).
(g) Description of the
duties of the job/post.
(h) Remuneration offered
for post/job.
(i) If proposing to set
up a practice, indicate:
(ii) professional
qualification/in the field of practice,
(iii) nature of proposed
practice.
9.
Any information which the applicant:
desires to furnish in support of his request.
10.
Declaration.
I hereby declare
that-
(i) The employment which
I propose to take up will not involve activities prejudicial to India's foreign
relations, national security and domestic harmony. It will not involve conflict
of interest with the policies of the office(s) held by the me during the last
three years and the interest represented or work undertaken by the
organisations I propose to join and will not bring me into conflict with the
working of the Government.
(ii) I have not been privy
to sensitive or strategic information in the last three years of service which
is directly related to the areas of interest or work of the organisation which
I propose to join or the areas in which I propose to practice/consult.
(iii) My service record is
clear, particularly with respect to integrity and dealings with Non-Government
Organisations.
I agree to withdraw
from the Commercial Employment in case of any objection by the Government.
Address:
Place:
Dated:
Signature
of the applicant
Substituted
vide notification no. 26013/3/2006-AIS(II), dated 12/1/2007.