ORISSA NON-GOVERNMENT PRIMARY SCHOOL TEACHERS CONTRIBUTORY PROVIDENT FUND-INSURANCE PENSION (TRIPLE BENEFIT) RULES, 1966

CHAPTER-I GENERAL

Rule - 1. Short title and commencement.

(i)       These rules may be called the Orissa Non-Government Primary Schools Teachers,' Contributory Provident Fund-Insurance-Pension (Triple Benefit) Rules, 1966.

(ii)      These rules shall be deemed to have come into force from the 1st April, 1964.

(iii)     These rules shall apply to the teaching staff of recognised non-Government Primary Schools including Basic Schools who are above 30 years of age on the 1st April, 1964.

CHAPTER-II DEFINITIONS

Rule - 2. In these rules there is anything repugnant in the subject or content.

(a)      "Controlling authority" means the District Inspector of State Schools or the District Inspectress of Schools, as the case may be, and any other officers declared by the State Government in that behalf.

(b)      "Director" means the Director of Public Instruction, Orissa.

(c)      "Government" means the Government of Orissa.

(d)      "Insurance Company" means the Life insurance Corporation of India.

(e)      "Management" means Panchayat Samitis and Zilla Parishads constituted under the Orissa Panchayat Samiti and Zilla Parishads Act, 1952 and Municipalities and Notified Area Councils and in the case of the Schools, directly aided by the Government, the District Inspector of schools, District Inspectress of schools or the Deputy Inspector/Deputy Inspectress of Schools till the Schools are transferred to the concerned local bodies.

(f)       "Pension" the pension or gratuity, as the case may be payable to a teacher under the rules.

(g)      "Policy" means an Insurance policy taken by a teacher for his own life in the Life Insurance Corporation of India.

(h)     "Primary School" means an institution in which the course, of institution does not go beyond Class V and includes Sanskrit Primary Schools and Urdu Primary Schools and Junior Basic Schools.

(i)       "Teacher" means a teacher of non-Government recognized Primary School who holds either a permanent appointment or a temporary appointment which has lasted for three years or which in the opinion of the controlling authority is likely to last for more than three years.

(j)       "Trained Teacher" means a teacher who has undergone training at the Elementary Training, Certified Teachers' Training or Basic Training level and has passed the course.

(k)      "Year" means financial year.

CHAPTER-III PROVIDENT FUND

Rule - 3.

The various Provident Fund Rules as were applicable to teachers of ex-Government Primary Schools including Junior Basic Schools, ex-Government managed Primary Schools in ex-State areas ex-District Board Primary Schools and directly aided Primary Schools immediately before the 1st April, 1964 shall continue to be applied in their cases. The Provident Fund Rules applicable to different categories to Primary School Teachers given in Annexure" A".

CHAPTER-IV INSURANCE

Rule - 4.

Every teacher who is aged not less than 18 years but not more than 30 years on the 1st April, 1964 and has completed three years of service on or before that date shall, within one year of the date of publication of these rules, insure his life for a sum of Rs. 1000/- with the Life Insurance Corporation of India under a policy maturing at the age of compulsory retirement and keep the policy unencumbered till retirement. A teacher who completes three years of the service after the 1st April, 1964, shall with year of completion of such service likewise insure his life for a sum of Rs. 1000/- provided that he is aged not less than 18 years but not more than 30 years on the date of commencement of the Insurance policy.

Rule - 5.

A teacher who defaults without valid reasons to comply with the provisions of Rule 4 shall forfeit the claim to his service prior to the date of insurance being counted for pension.

Rule - 6.

Rules 4 and 5 shall not apply to a teacher whose proposal to insure his life has been declined by the Life Insurance Corporation of India.

Rule - 7.

A policy taken out under this rule may be assigned to any member of subscriber's family but not to anyone else as a gift or for value received.

NOTE-In order to avoid future complications, necessary notes regarding fulfilment of the conditions in the rules under this Chapter, may be kept in the relevant Service Book under proper attestation.

CHAPTER-V PENSION AND GRATUITY

Rule - 8.

Subject to the conditions in other rules under this Chapter a teacher shall be eligible for pension or gratuity, as the case may be-

(1)     On retirement by reasons of his attaining the age of compulsory retirement; or

 

(2)     On voluntary retirement after completing 30 years qualifying service; or

 

(3)     On retirement before the age of compulsory retirement under a medical certificate of permanent incapacity for further service; or

 

(4)     On discharge due to the abolition of the post; or

 

(5)     On closure of the school due to withdrawal of the recognition of the school or other causes.

NOTE 1-In regard to retirement on medical certificate under Clause (3), the corresponding procedural rules in the Civil Services Regulations shall apply mutatis mutandis.

NOTE 2 -The age of compulsory retirement of trained teachers is 60 years and of untrained teachers is 58.

The date of compulsory retirement shall be reckoned from the date of birth of the teacher entered in his Service Book in case the year of birth only is known but not the month and date, the July of the year shall be taken as the date of birth. When both the year and the month of birth are known but not the date, the 16th of the month shall be taken as the date of birth.

NOTE 3-A teacher may retire from service voluntarily at any time after completing 30 years' qualifying service; provided that he shall give in this behalf a notice in writing to the management at least 3 months before the date on which he wishes to retire.

The management can also retire a teacher at any time after he has completed 30 years' qualifying service, provided that the appropriate authority shall give in this behalf a notice in writing to the teacher at least 3 months before the date on which is required to retire.

Rule - 9.

(a)      Full pension admissible, these rules are not to be given as a matter of course, or unless the service rendered has been really approved.

(b)      If the service is not thoroughly satisfactory, the authority sanctioning the pension should order such reduction of the amount as he thinks proper.

Rule - 10.

(a)      In computing the length of qualifying service all previous continuous service whether temporary, officiating or permanent either in one or more than one aided institution shall, subject to the provisions of Rule 5, be taken into account. Service rendered prior to attainment of the age of 18 years shall not be reckoned as qualifying service.

 

(b)      War service or military service rendered by a teacher shall count as Service qualifying for pension to the extent permissible under the rules and orders applicable to the State Government employees.

 

(c)      All leave except extraordinary leave (i.e. leave without allowances) counts for pension.

 

(d)      Suspension allowed to stand as specific penalty, overstay of joining time or leave not subsequently regularised and periods of breaks shall not be reckoned as qualifying service.

Rule - 11.

(a)      Periods of breaks in service on account of retrenchment or for similar reason beyond the control of the persons concerned will not be treated as interruption of involving forfeiture of past service. All these cases, however will be decided on their own merits, but in case of breaks occasioned by resignation, past service will not be taken into account.

 

(b)      A teacher shall be eligible for pension if he has qualifying service of 10 years or more if the qualifying service falls short of 10 years but not 5 years, gratuity equal to one half month's emoluments for each completed year of service shall be paid. No gratuity shall be admissible to a teacher who has put in a qualifying service of less than 5 years.

Rule - 12.

The authority competent to sanction the pension or gratuity shall, at his discretion, condone a deficiency up to a maximum period of 12 months in qualifying service, if the qualifying service exceeds of 9 years but fails short of 10 years in case of payment of pension and exceeds 4 years but fall short of 5 years in case of grant of gratuity.

Rule - 13.

The amount of superannuation, retiring, compensation or invalid pension or, as the case may be, compensation or invalid gratuity shall be determined by the length of qualifying service and calculated at the appropriate rate noted below, subject to a maximum of 30/120 of average emoluments. Fractions of a year are not taken into account in the calculation of pension or gratuity under these rules. Pension shall be calculated to the nearest multiple of five paise.

NOTE-For the purpose of this, "emoluments" and average emoluments' will be determined in the manner-laid down in the rules applicable to State Government employees', subject to the condition that if in any case, pay or allowances drawn by a teacher in excess of the rate of scale allowed under Government for corresponding posts in similar circumstances, the excess shall be disallowed before computing emoluments.

Rule - 14.

The pension found admissible may be sanctioned by the Controlling authority. On receipt of his sanction together with the connected documents, the Accountant-General, Orissa, after the verification and check issue the pension payment order to the teacher concerned. In case of delay, payment of anticipatory pension may be authorised by the Accountant-General. Cases requiring, the grant of any concession not contemplated in these rules shall be submitted to the Government for orders. There shall be no commutation of pension sanctioned under these rules. Temporary increase of pension or dearness allowance shall not be admissible to the teachers.

CHAPTER-VI MISCELLANEOUS

Rule - 15.

Notwithstanding anything contained in these rules, a teacher who by reason of his being aged more than 30 years on the 1st April, 1964 is not entitled to the benefits under the preceding Chapter, will be allowed the following concessions, namely:

(a)      pension or gratuity as would have been admissible under Chapter V had he been not more than 30 years of age on the 1st April, 1964; and

(b)      a gratuity equal to 3 percent of the total salary drawn during the entire period of service, in lieu of contribution by the State Government or Local Bodies, as the case may be, to the Provident Fund; provided that a teacher who will receive such gratuity will not be eligible, with effect from the 1st April, 1964 to the benefits of contribution by the State Government or the Local Bodies, as the case may be, to the Provident Fund to which he subscribes.

ANNEXURE-A

Annexure to Rule 3 in Chapter-III