THE ALL INDIA SERVICES (DEATH-CUM-RETIREMENT BENEFITS) RULES, 1958

PREAMBLE

In exercise of the powers conferred by sub-section (1) 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, 1958.

(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 Service under the Indian Administrative Service (Extension to States) Scheme or the Indian Police Service (Extension to States) Scheme and who, under orders? issued by the Central Government before the coming into force of those rules, were given an option in 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 Service 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 month?s 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 at 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 three years being included;

(iii) ?In a 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;

(iii-a) the emoluments drawn by a member of the Service during the last ten months? of his service shall count for purpose of calculation of a average emoluments only if the pay darwn 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;

(iii-b) in the case of a member of the Service who was deputed to any foreign service post during the last ten 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 intermediate increments shall not be reckoned in ?the calculation of average emoluments;

(v) ???Periods of joining time which fall within the last ten months of service of a member of the service shall form part of three years for the purpose of average emoluments.

(vi) ?Where the emoluments of a member of the Service have been reduced during the last ten months of his service, otherwise than as a penalty, average emoluments may, at the discretion of 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 or 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 or death, as the case may be:

"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 die 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 in the case of all member of service who opts for the revised scales of pay (with effect from the 1st January, 1996) and retires within ten months from the date of coming over to the revised scale, basic pay for ten months period preceding retirement shall be calculated by taking into account, pay as follows:-

(i)       for the period during which pay is drawn in pre-revised scale-Basic pay plus actual Dearness Allowance and Interim Reliefs I and II appropriate to the basic pay at the rates in force on the 1st January, 1996 drawn during the relevant period; and

(ii)      for the period during which pay is drawn in revised scale-Basic Pay in the revised scale.

Provided that in the case of a member of the Service retiring from Service within ten months of the date of coming over to ?the revised scales of pay as revised with effect from the 1st day of January, 1986?. the emoluments in respect of any period prior to coming over to revised scales of pay shall include:-

(i)       Pay other than special pay in the pre-revised scale of pay prior to the 1st January, 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 sub-rule (1) of rule 18 which may be granted to a person retiring from the Service before completion of 10 years of qualifying service.

(cc) ??Indian Civil Service member of the Indian Administrative Service? 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 became a member of the Indian Administrative Service;

(d)     ??leave rules? means the All India Services (Leave) Rules, 1955;

(e)     ??leave with allowances? 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);

(ff) ?Revised scales of pay? means the scales of pay introduced with effect from 1st day of January, 1996, unless specified otherwise.

(g)     ??Pay? means the amount drawn monthly by a member of the service as pay, other than special pay, against the post held by him at the time of his retirement from service;

(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)       ?

(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 1st day of January, 1986.

(k)     ??Schedule? means Schedule to these rules;

(l)       ??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 Clause 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 an 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 should 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 invalidated and not dismissed or removed from the Service.

[1][(1A)     (i) The Central Government may permit a member of service to withdraw his resignation in the public interest on the following conditions, namely :-

(a)     that the resignation was tendered by the member of service for some compelling reasons which did not involve any reflection on his integrity, efficiency or conduct and the request for withdrawal of the resignation has been made as a result of a material change in the circumstances which originally compelled him/her to tender the resignation;

(b)    that during the period intervening between the date on which the resignation became effective and the date from which the request for withdrawal was made, the conduct of the member concerned was in no way improper;

(c)     that the period of absence from duty between the date on which the resignation became effective and the date on which the member is allowed to resume duty as a result of permission to withdraw the resignation is not more than ninety days;

(d)    that the post, which was vacated by the member of service on the acceptance of his/her resignation or any other comparable post, is available.

(ii) ???Request for withdrawal of a resignation shall not be accepted by the Central Government where a member of service resigns his/her service or post with a view to taking up an appointment in or under a private commercial company or in or under a corporation or company wholly or substantially owned or controlled by the Government or in or under a body controlled or financed by the Government.

(iii) ??Request for withdrawal of resignation shall not be accepted by the Central Government where a member of the Service resigns from his/her service or post with a view to be associated with, any political parties or any organisation which takes part in politics, or to take part in, or subscribe in aid of, or assist in any other manner any political movement or political activity or to canvass or otherwise interfere with, or use his/her influence in connection with, or take part in, an election to any legislature or local authority.

(iv) ??When an order is passed by the Central Government allowing a member to withdraw his/her resignation and to resume duty, the order shall be deemed to include the condonation of interruption in service but the period of interruption shall not count as qualifying service.]

(2)     Subject to the provisions of Rule 5-A, 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 invalidated from the Service and not resigned or retired.

Rule 5-A. Permanent Absorption of Members of the Service in or under a Corporation, Company or a 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 in or under a body controlled or financed by the Central Government shall be deemed to have retired 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)     Omitted

(3)     A member of the Service referred to in sub-rule (1) shall not be governed by the provisions of rule 22 or 22-B as the case may be, if his family is entitled to family pension under the rules of the organisation 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 a 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 proceedings; 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 rule

(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 a 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 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)     Where 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 in officer who has retired on attaining the age of compulsory retirement or otherwise, 22he shall be sanctioned by the Government which instituted such proceeding, 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 not exceeding the maximum pension which would have been admissible on the basis of his qualifying service upto the date of retirement, or if he was under under suspension on the date of retirement, upto 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 proceedings 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 All 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.

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 Seryice by the Central Government in accordance with the provisions of the All India Services (Discipline and Appeal) Rules, 1969, may be granted retirement benefits on the basis of his qualifying service on the date of such compulsory retirement on the appropriate scales admissibleunder rules 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 admissible 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 Rule 22, 22A or 22B, as the case may be. For the purpose of rule 22, the family pension shall be admissible for 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 purpose 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 State 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 break or breaks will be ignored in determining the total length of qualifying service.

(2-A) 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 take over 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 order issued by the Central Government in this behalf.

(3)      [***]

(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 pensions under the Civil Service Regulations as applicable to members of the Central Services Class I or under any order 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 Central 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 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 exercises 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 not already withdrawn, together with interest thereon, shall be transferred to his account in the All India Services Provident Fund:

Provided that in a cases where the Government contributions have already been paid to the members of the Service, he shall be required to refund them with interest in a suitable number of installments to be prescribed 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 contributions have been waived by Government.

(8)     `Authorised Joining Time? availed of by a member of the Service shall count as qualifying service.

(8-A) 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. 15/21/48-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 and, any period between three months and six months shall be treated as six monthly period 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 (2-A) 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 upto 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 (1).

Rule 10. Counting of period 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 convened 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 duty sanctioned leave out of? India counts as qualifying service.

Rule 11. Periods not qualifying as service for pension ?

The following 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 proceedings, 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 qualifying service only to such extent and in accordance with such directions as the competent authority may issue under rules 5, 5-A or 5-B of the All India Services (Descipline and Appeal) rules, 1969,

(2)      Leave other than leave which counts as qualifying service under rule 9.

(3)      Unauthorised absence in continuation of authorised leave of absence or joining time.

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 resignation, 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 option interferes with the efficient discharge of his duties, it may direct him to undergo medical examination with a view to retire him from service on 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 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.

(2-A) 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 Civil Services, Class I.

(3)     The medical certificate of incapacity shall be attested:

(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 Officer, shall, wherever practicable, preside over such a Board.

(4)     Save where he is on leave out of India no member of the 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 to the applicant as recorded in his history of service and is supplied with a statement of the leave taken by him during the three years immediately preceeding 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 debility 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 invalid 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 ground other than those specified in rule 13 shall have no claim in invalid gratuity or pension or specified in rule 13 shall have no invalid gratuity or pension or death-cum-retirement gratuity even though he produces medical evidence of incapacity for Service. 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 disease 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 volition, do not come under the purview of this rule.

Rule 15. Retirement from service of a member of the service in certain cases and grant of leave.-

(1)     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 invalidated 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 invalidated 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 member of the Service will never again be fit for 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)     A 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 wind 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.

(a)     for an aggregate period not exceeding six months-

(i)       by the State Government, if? the officer is working in connection with the affairs of the State Government; and

(ii)      by the Central Government, if? the officer is working in connection with the affairs of the union or a State other than the State on whose cadre he is borne;

(b)     for any period beyond six months-

(i)       by the State Government with the prior sanction of the Central Government, if the??? officer is working in connection with the affairs of the State; and

(ii)      by the Central Government, if the officer is working in connection with the affairs of? the union or a State other than the State on whose cadre he is borne.

Provided further that a member of the Service shall not be retained in service beyond the age of 60 years except in very special circumstances.

Explanation.- For the purpose of this sub-rule, a member of the Service whose date of birth falls on the 1st day of any month shall have attained the age of fifty-eight years on the afternoon of the last day of the preceding month.

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.

[2][(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 13[four years];

Provided further that the total term of the other Secretaries and Directors who are granted such extensions of service under these Rules shall not exceed two years.]

[3][Provided also that notwithstanding anything contained in sub-rule (1A), the Central Government may, if it considers necessary in public interest to do so, give an extension in service for a further period, not exceeding three months, beyond the period of two years to the Home Secretary and the Defence Secretary.]

(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 on the date on which such member 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 Sate Government concerned.

[4][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 State Government concerned 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 service under this rule for getting himself permanently absorbed in such corporation, company, or body.

[5][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.]

[6][(3) The Central Government may, in consultation with the State Government concerned, require a Member of the Service to retire from Service in public interest, after giving such Member at least three month's previous notice in writing or three month's pay and allowances in lieu of such notice, -

(i)       after the review when such Member completes 15 years of qualifying Service; or

(ii)      after the review when such Member completes 25 years of qualifying Service or attains the age of 50 years, as the case may be; or

(iii)    if the review referred to in (i) or (ii) above has not been conducted, after the review at any other time as the Central Government deems fit in respect of such Member.

Explanation: - For the purposes of sub-rule (3), "review" means the review of the entire service record of the Member of the Service regarding suitability or otherwise of such Member for further retention in the Service, to be conducted regularly of each Member of such Service, firstly, after his completion of 15 years of qualifying Service, and secondly, after his completion of 25 years of qualifying Service or on his attaining the age of 50 years, as the case may be, or if the review referred to in clauses (i) or (ii) of this sub-rule has not been conducted in respect of such Member, such review may be conducted at any other time as the Central Government deems fit.]

(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 16-A. Acceptance of date of birth.?

(1)     For the purpose of determination 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:

(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 (Recruitment) Rules, 1954; or

(c)      the Indian Forest Service under clause (a) or clause (aa) of sub-rule (2) of rule 6 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 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 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-rules (2) or (3).

Rule 17. Retiring Pension and gratuity.-

(1)     A retiring pension and death-cum-retirement gratuity shall be granted to a member of the Service 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.-

(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 of this sub-rule as the qualifying service rendered by him 10 years to the qualifying service of 33 years.

(iii) ??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 per cent 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 22-B.

Note.- A member of the service retired from service before 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 rules 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.

(2-A) 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).

(2-B) 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 remarries 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.

(2-C) 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.

(ii) ???In the case of death of a member of the service while in service, death gratuity shall be admissible at the following rates:

(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 has emoluments, a gratuity equal to the deficiency may be granted to the person or persons specified in sub-rule (2).

Rule 19-A. 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 lapse, 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 gratuity or death-cum-retirement gratuity shall be paid.?

Rule 19-B. Deposit Linked Insurance Scheme for members of the services.-

On the death of the member of the service on or before 30th? September, 1991 and to whom rule 19-BB 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 the said account during the three years immediately preceding the death of such members, subject to the fulfillment of the following conditions, namely-

(a)     the balance in the said account should not have fallen below Rs. 3,000 at any time during the said period of three years;

(b)     the limits upto which the benefit of insurance cover will be available will be Rs. 10,000 and any amount in excess of Rs. 10,000 in the Fund shall be disregarded for the purpose of? this extra benefit;

(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 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 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 No. 19 of 1925) shall not apply.

Rule 19-BB. Deposit Linked Revised Insurance 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 fulfillment 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 of 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); above-

(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 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 rupees (50 paise or above counting as the next higher rupee).

Note3.- 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 19-C. 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 case 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 charges pertaining to occupation of Government accommodation, over payment of pay and allowances and arrears of income-tax deductable at source under the Income-tax Act, 1961 (43 of 1961).

Rule 20. 

[***]

Rule 21. Nominations.-

(1)     For the purpose of this rule-

(a)      "family" shall include the following relatives 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;

(vi)    mother;

(vii)   married daughters; and

(viii)  children of a pre-deceased 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 recognised conferring the status of 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 whose favour the original nomination 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 of 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 such 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 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 or sub-rule (5), a member of the service shall send to his Accounts Officer a notice in writing formally cancelling 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)     This rule applies to those members of the Service who were in service on 31st 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 retire, 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 upto which extension of service has been sanctioned to him before his death.

(3)     Subject to the maximum of? Rs. 150 per mensum the amount of family pension shall be-

(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.

If, however, a member of the Service mentioned in clause (b) has commuted a part of his pension before his death, that part of pension shall be deducted from the family pension calculated as above.

(3-A) The family pension admissible under this rule shall be enhanced 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 relatives of the member, of the Service:

(i)       wife or husband;

(ii)      sons;

(iii)    unmarried and widowed daughters;

(iv)    brother?s 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 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 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;

(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 the 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 widow;

(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 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;

(v)     failing (i) to (iv) above, to the eldest surviving widowed sister.

(7)     If a member of the Service who has completed 10 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), 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 provisions 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)    

Rule 22-A. 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, upto:

(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 Rs. 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 22-B. Application.-

(1)     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 orders issued by the Government.

(2)     Subject to the provisions of rule 22-C, with effect from the 1st day of January, 1996, family pension shall in no case be less than thirty per cent 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.

(3)     The period for which family pension is payable shall be as follows:

(i)       in the case of a widow or widower, upto the date of death or remarriage; whichever is earlier;

[7]["(ii) in the case of a son or unmarried daughter till such son or daughter attains the age of 25 years or upto the date of his/her marriage, whichever is earlier;

(ii a) 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."]

?(iii) ?in case of parents, upto 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 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 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;

(a)     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 maturity.

(b)     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.

(c)      the person receiving the family pension as guardian of such son or daughter 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 tank 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.

Note.-??? (1)

(2)  ?????A daughter shall become ineligible for family pension under the sub-rue from the date she gets married.

(3)  ?????The family pension payable to such a son or daughter shall be stopped if? he/she starts earning his/her livelihood.

(4)  ??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 had not yet married.

(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.

(4)     (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 leaved 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 hereby become ineligible for the grant of family pension.

(6) ??Where a deceased member of the Service or pensioner leaved behind more children than one, the eldest eligible child shall be entitled to the family pension for the period mentioned in clause (ii) or clause (iii) of sub-rule (3), as the case may be, and after the expiry of that period the next child shall become eligible for the grant of family pension.

(7) ??Where a 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 and in the event of the death of the husband wife, and 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 and 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 and 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 I 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 fact 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 of:

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 the Extraordinary Pensions 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 enchanced 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 Service 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 or 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, provided the marriage took place before retirement of the member of the Service and the person surviving was not held guilty of committing adultery;

(iii)    son and daughter who have not attained the age of twenty-five years including son and daughters 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 22-C. Special Provisions 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 of 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.

[***]

Rule 24.

[***]

Rule 25. Computation 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 [8][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 will not be entitled to the whole or such part of the pension and for such Period as may be specified in the order :

[9][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 [10][three years] prior to his retirement from the service.

[11][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 further that no such order shall be made without giving the pensioner concerned an opportunity of showing cause against such declaration.

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.]

Explanation.-(1) ?Commercial Employment? means:

(i)       an employment weather paid or honorary, in any capacity including that of an agent under a company, firm, co-operative society body or individual engaged in training, 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 by reason of his previous official position, 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 liasion or contact with the officer or officers of? the Government.

Note.-For the purpose of this Explanation ?employment under a co-operative 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.

(1)     For the purpose of the sub-rule, the expression ?the date of retirement? in relation to a petitioner re-employed after retirement, without any break either in a class I post under the Central Government, or in an Government 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 organisation of which the Government of India in 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 make 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 of any other institution or organization which functions under the supervision or control of a Government outside India.

[12][(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 be 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 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, if 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 statement :

Provided that if a gratuity summarily assigned 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 conditions prescribed above the anticipatory payments of death-cum-retirement gratuity and family pension may also be sanctioned to the extent of 3/4ths of the amounts clearly admissible on the basis of the qualifying service a verified up to the date of sanction, and after a declaration in the form given in Schedule ?I? has been signed by the recipient.?

Rule 27-A. 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 the 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

SCHEDULE B

SCHEDULE C

(a) Form of Medical Certificate of 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 C.D........................ 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 in capacity 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 habit.")

(If the incapacity does not appear to be complete the 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 resting for........................... months, be fit for further service 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 incapacitated 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 is the result of irregular or intemperate habits."

SCHEDULE D

Nomination for death-cum-retirement Gratuity (when the member 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 the 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.

This nomination supersedes the nomination made by me earlier on...................which stands cancelled.

Dated this......................... day of....................... 19.......... at..................

Witness to Signature :

1. ........................................................

2. ........................................................

??????????????????????????????????????????? Signature of the member of the Service.

SCHEDULE-E

Nomination for Death-cum-Retirement Gratuity

(When the member 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 receive on my death, to the extent specified below, any gratuity which having become admissible to me on retirement may remain unpaid at my death.

This nomination supersedes the nomination made by me earlier on....................................... which stands cancelled.

Dated this? ................................................ day of.......................................19 at...............................

Witnesses to Signature :

1.?? ................................................

2.?? ................................................

Signature of the mumber of the Service

N.B.- The officer shall draw lines across the blank space below the last entry to prevent the insertion of any name after he has signed.

SCHEDULE?? F

Nomination for Death-cum-Retirement Gratuity

(When the member of the Service has no family and wishes to nominate one person)

I, having no family, hereby nominate the person mentioned below and confer on him the right to receive any death-cum-retirement gratuity that may be sanctioned by the State Government in the event of my death while in service and the right to receive on my death and gratuity which having become admissible to me on retirement may remain unpaid at my death.

This nomination supersedes the nomination made by me earlier on................................??.. which stands cancelled.

Dated this? ................................................ day .......................................19 of at............................

Witnesses to Signature :

1.?? ................................................

2. .................................................

Signature of the member of the Service.

SCHEDULE? G

Nomination for Death-cum-Retirement Gratuity

(When the member of the Service has no family and wishes to nominate more than one person)

I, having no family, hereby nominate the person mentioned below 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 receive on my death to the extent specified below any gratuity which having become admissible to me on retirement may remain unpaid at my death.

This nomination supersedes the nomination made by me earlier on....................................................... which stands cancelled.

Dated? this? ....................................... day of............................19? at.........................................

Witnesses to Signature :

1.?? ................................................

2.?? ................................................

Signature of the member of the Service.

N.B.- The officer shall draw lines across blank space below the last entry to prevent the insertion of any name after he has signed.

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 year's qualifying service.

This nomination supersedes the nomination made by me earlier on........................ which stands cancelled.

Dated this........................day of..................................19............ at .........................................................

Witnesses of signature:

1.?? ...........................................................

2.?? ...........................................................

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 he has signed.

SCHEDULE I

Declaration Form

Whereas the ...........................................(here state 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 Shri..........................................).

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 no objection to such revision on the ground that the provisional ground/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..................................

Witnesses to signature

?????? (With address)

1.? .......................

2. .........................

SCHEDULE? J

[See Rule 22-B (11) (i)]

Detail's of Family

Name of the member of the Service :

Designation:

Date of Birth:

Date of appointment:

Details of the members of my family as

I hereby undertake to keep the above particulars upto date by notifying to the State Government/Accounts Officer any addition or alteration.

Place :

Date??? :

Signature of the Member of Service

SCHEDULE K

Authorities Competent to Retire a Member of the Service on Various kinds of Retirement Benefits

[13][Schedule L

[See sub-rules (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):

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:    ...............................................

Gratuity, if any

Pension expected/sanctioned (commutation, if any, should be mentioned)

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

(i)       professional qualification/in the field of practice,

(ii)      nature of proposed practice.

8.       Any information which the applicant desires to furnish in support of his request.

9.       . 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 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 hi 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.]