THE ANDHRA PRADESH MUNICIPALITIES (PENSION-CUM-GRATUITY FUND) RULES, 1969

 

PREAMBLE

In exercise of the powers conferred by Section 326 read with clause (d) of subsection (1) of Section 76 of the Andhra Pradesh Municipal Act, 1965 (Act 6 of 1965), the Governor of Andhra Pradesh, hereby makes the following rules relating to the extension of pensionary benefits to the non-teaching municipal employees of Andhra Area, the same having been previously published at pages 365-404 of rules supplement Part I of the Andhra Pradesh Gazette, dated 12th December, 1968, as required under Clauses (a) and (b) of sub-section (1) and Section 327 of the said Act.

Rule - 1.

These rules may be called the Andhra Pradesh Municipalities (Pension-cum-Gratuity Fund) Rules, 1969.

Rule - 2.

(1)     These rules shall apply to all non-teaching employees of Municipal Councils in Andhra area borne on the regular establishment who retired or to retire on or after the 1st of April, 1961.

(2)     The Andhra Pradesh Liberalised Pension Rules issued in G.O.Ms. No.231, Finance, dated the 11th June, 1962 and published as Supplement to Part I of the Andhra Pradesh Gazette, dated the 19th June 1962 as amended from time to time and the Civil Services Regulations as amended from time to time in so far as they are not inconsistent with the provisions of the Andhra Pradesh Liberalised Pension Rules, shall mutatis mutandis apply to all employees referred to in sub-rule (1).

(3)     The employees who were in service on 1st April, 1961 and governed by the Municipal Councils Provident Fund Rules and Gratuity Rules shall be brought under these rules, if however in any case, such employee desires to continue under the Municipal Council Provident Fund Rules and Gratuity Rules applicable to him on 31st March, 1961, he may opt for them. The option shall be exercised within three months from the date of publication of these rules and option once exercised shall be final.

(4)     The option shall be exercised in writing and shall be communicated by the employee concerned to the Secretary. The Secretary shall countersign the options received from the employees and have them pasted in the body of the service books. The option shall be acknowledged in writing by the Secretary and the acknowledgements shall be kept in safe custody by the employees for future reference, if any.

(5)     The Andhra Pradesh General Provident Fund Rules applicable to the Government servants for the time being in force shall mutatis mutandis apply to the employees who opt to these rules.

Rule - 3.

In these rules unless the context otherwise requires.--

(i)       "Act" means the Andhra Pradesh Municipalities Act, 1965;

(ii)      "Andhra area" means the area as defined in the Andhra Pradesh Municipalities Act, 1965

(iii)     "Audit Officer" means the Examiner of Local Fund and Panchayat Raj Accounts;

(iv)    "Fund" means the Andhra Pradesh Municipalities Pension-cum-Gratuity Fund;

(v)      "Secretary" means the Secretary to the Municipality concerned.

(vi)    "Liberalised Pension Scheme" means the Andhra Pradesh Liberalised Pension Scheme sanctioned in G.O.No. 231, Finance, dated 11th June, 1962, as amended from time to time.

(vii)   "Employee" means a non-teaching employee of the Municipal Council including the employees borne or municipal service of the State eligible for the Liberalised Pension Scheme.

(viii)  "Treasury" means Government Treasury with which the Municipal Council is transacting its financial business; and

(ix)    "Government" means the Government of Andhra Pradesh.

Rule - 4.

(1)     Every Municipal Council in Andhra area shall establish and maintain a Pension-cum-Gratuity Fund called the Andhra Pradesh Municipalities Pension-cum-Gratuity Fund for the benefits of the non teaching employees of the Municipal Council who are eligible for the Andhra Pradesh Liberalised Pension Scheme by virtue of the order issued in G.O.Ms.No. 444, Municipal Administration, dt. 5th July, 1967 as subsequently amended in Memorandum No. 595 OP. I Rules/67-9, Municipal Administration, dated the 19th July 1968. This fund shall from part of the municipal fund as earmarked fund;

(2)     The fund shall be formed out of and maintained by.--

(i)       Contributions from the municipal councils under which the persons eligible for the benefits of the Pension Fund are employed;

(ii)      the interest derived from the investments of surplus pension fund; and

(iii)     The gratuity forfeited under Clause (b) of sub-rule (7) of Rule 5 of the Andhra Pradesh Liberalised Pension Rules.

Rule - 5.

The Municipal Councils concerned shall contribute pensionary contribution in respect of the employees eligible for these benefits to the Andhra Pradesh Municipalities Pension-cum-Gratuity Fund with effect from the 1st April 1961.

Rule - 6.

Pensionary contributions payable by the municipal council on behalf of the employees who opted to these rules shall be collected at a flat rate of 9.5 per cent of the maximum pay or fixed pay of the post held by ah employee in superior or last grade service.

Rule - 7.

The contributions paid to the provident fund already by the municipalities at 6 1/4 per cent of the emoluments drawn by the subscribers who opt to these rules shall be transferred to this fund. Like wise the contributions adjusted by the municipalities to the provident fund accounts of the last grade employees under the local authorities inferior and menial servants provident fund rules who opt to these rules shall be credited to this fund;

Provided that in cases where the contributions and /or gratuity have already been paid to the employees who retired on or after the 1st April, 1961 a sum equal to such contributions and/or Gratuity shall be recovered from the Death-cum-Retirement Gratuity and pension payable to the employees. If the Death-Cam-Retirement Gratuity and pension payable is found insufficient to cover the contributions and/or Gratuity already paid, the balance thereof shall be recovered from the employee in lumpsum or the monthly pension payable shall be adjusted towards the balance.

Rule - 8.

The balance amount available under the Head "Miscellaneous" under Provident Fund Account maintained by the municipal council shall be credited to the fund after providing a sum equal to the probable amount required for meeting the establishment charges of the Provident Fund section for the next twelve months and other liabilities, if any, to be discharged under the Provident Fund Accounts.

Rule - 9.

All municipalities in Andhra area shall pay arrears of pensionary contributions in respect of superior and last grade employees for the period for which they did not contribute to provident funds referred to in Rule 7 established for their benefit at the rates payable to their provident fund accounts up to the 31st March, 1961 and thereafter at the rates prescribed in Rule 6. The arrear contribution shall be paid to the fund in 12 equal monthly installments from the date of coming into force of these rules;

Provided that the gratuity, if any, paid to employees who retire on or after the 1st April, 1961 shall be surrendered to this fund in lieu of the said arrears of contributions;

Provided further that the finalisation of Pension and Gratuity of an employee who retired on or after 1st April, 1961 shall not be held up due to non-recovery of the arrear of pension contribution from any other municipal council or councils where he worked. In such cases the Secretary shall be responsible for the recovery of the arrear contributions due to the municipal council from the municipal council or councils in which the pensioner worked.

Rule - 10.

Pension contributions shall be payable monthly by the municipal council before the 5th of the succeeding month, by transfer of credit to the fund with a Schedule of payments attached thereto.

Rule - 11.

In the event of a permanent transfer of an employee admitted to this fund from one municipality to another, the latter municipality shall admit him to the Pension fund and shall pay to the fund, contribution calculated at a flat rate of 9.5 per cent of the maximum pay for the post held by the employee. The former municipality shall remit all the contributions credited to its Pension fund in respect of the employee to the latter municipality. If the employee is transferred only temporarily to the service of the other municipality or local authority or State Government, the municipality in which his pension fund account is maintained shall realise the pension contribution at 9.5 per cent of the maximum pay of the post held by him in the municipality, local authority or the State Government to which he is transferred.

Rule - 12.

The amount contributed to the fund by the municipal council and other sums relating to the fund shall be lodged in the treasury or in the manner laid down in instructions 3 in Chapter IV of Part III of Andhra Pradesh Treasury Code, Volume I, any Scheduled Bank as may be specified by the Government. Sums required for payment of pensions, family pension as contemplated in the Liberalised Pension Rules and Death-cum-Retirement Gratuity shall be withdrawn from the funds so lodged and paid to the pensioners. The balance left may be withdrawn from the treasury or Scheduled Bank at such intervals as may be necessary and invested in the Post Office Savings Banks or with the sanction of the Municipal council in other interest bearing Government securities.

Rule - 13.

The fund shall be administered by the Secretary, along with other municipal funds.

Rule - 14.

The Secretary shall maintain a separate Cash Book and Demand Register to watch the realisation of the contribution. Register of Nomination, a register of investments and pension payment audit register in the Forms shown in Appendix I. He shall also maintain such other Registers as may be prescribed by the Government from time to time.

Rule - 15.

All charges incurred during the year for establishment created for the maintenance of fund shall be met from the interest earned on the securities of the fund. Any deficit in this regard will be met from the general funds of the municipality.

Rule - 16.

The registers referred to in Rule 14 shall be maintained in accordance with such instructions as will be issued by the Audit Officer from time to time for carrying out the purposes of the fund.

Rule - 17.

Any reference in the Civil Services Regulations, the Andhra Pradesh Liberalised Pension Rules and the Andhra Pradesh General Provident Fund Rules to the authorities mentioned in column (1) of the table below shall be construed as reference to the officers mentioned in the corresponding entries in column (2) thereof.

 

TABLE

Rule - 18.

The instructions contained in Appendix II shall be followed for the payment of the Pension Gratuity.

Rule - 19.

The family pension shall be paid in accordance with the family pension scheme applicable to Government servants as envisaged in Andhra Pradesh Government Servants Family Pension Scheme, 1964.

Rule - 20.

Any doubts arising in administering the fund, shall be referred to Government through the Audit Officer for clarification and the decision of the Government thereon shall be final.

 

APPENDIX – I

FORM NO. 1

(See Rule 14)

Cash Book of the Municipalities Pension-cum-Gratuity for the year 19

	Receipts					Payments			Total net balance every month in the Post-Office Savings Bank
Pension contribution	Interest including for feiture	Investments	Month and date	Particulars of transactions	Pension Gratuity	Establishment and other charges	Investments	In the treasury
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
Rs. P.	Rs. P.	Rs. P.			Rs. P.	Rs. P.	Rs. P.	Rs. P.	Rs. P.

 

FORM NO. 2

(See Rule 14)

Demand Register or Pensionary Contribution

 

[Contd.]

FORM No. 2 (Contd.)

Amount of Pensionary Contribution received in

 

 

FORM No. 3

(See Rule 14)

Register of nomination of the Municipalities Pension-cum-Gratuity Fund

 

FORM No. 4

(See Rule 14)

 

[Contd.]

FORM No. 4 (Contd.)

 

FORM No. 5

(See Rule 14)

Pension Payment Audit Register of Municipality for the year 19

 

 

APPENDIX – II

(See Rule 18)

Instructions regulating Payment of Pension

(1)     The Secretary shall prepare the pension perform and forward the same to the Audit Officer for fixing pension and Death-cum-Retirement Gratuity admissible. After the pension has been fixed by the Audit Officer, the Secretary shall issue a pension payment order in regard to each pension in the Form given in Annexure I in two halves of which one, known as Disburser's Half, which is kept in the Office of Municipal Council and the other is delivered to the pensioner.

Provided that in the case of persons retired on or after 1st April, 1961 and are not alive, the Secretary shall prepare the pension perform after the receipt of a claim from the legal heirs of the deceased required employee;

(2)     The disburser's half of each pension payment order shall contain the impressions of the thumb and each finger of the pensioner's left hand. These impressions shall be taken in the presence of the Secretary when the pension application is prepared and he shall sign the following Certificate below them.--

"Certified that the above finger prints have been taken in my presence and under my personal superintendence from the left hand of the person whose name is entered in the pension payment order".

(3)     A pensioner shall produce the pension payment order before the Secretary whenever the claims payment of his pension and no payment shall be made if he fails to produce it.

(4)     When a portion of a pension is commuted, the Secretary shall take back the pensioner's half of the pension payment order on paying him the amount due in commutation as well as the amount of the unreduced pension due upto the date on which commutation became absolute and shall make suitable alterations in the pension payment order or issue a fresh one authorising payment of the reduced pension in future.

(5)     As a rule, a pensioner shall take payment of his pension in person and the Secretary shall identify him with reference to the details available in the pension payment order before making any payment. When claiming his pension for the first time, a pensioner shall also be required to produce a copy of the order communicating the sanction of his pension.

(6)     Whenever a pensioner appears to take payment of his pension, the Secretary shall check his personal marks with those recorded in the disburser's half of the pension payment order and compare his signature on the receipt with that pasted on the disburser's half of the pension payment order. If a pensioner cannot sign his name, the Secretary shall compare his thumb impression on the receipt with the original thumb impression previously taken on the disburser's half of the pension payment order.

(7)     Pension and gratuity shall actually be disbursed in cash at the Municipal Office.

(8)     Amounts required for payment of pensions shall be drawn as an imprest from the pension fund; The total amount of pension paid out of such imprest should then be debited to the pension fund by contra-credit to such fund at the end of the month:

(9)     The imprest drawn should be limited to a month's requirements and should be drawn in the first working day of the month. The unspent balance of the imprest should, in no case, be kept in the Municipal office beyond the last working day of the month.

(10)   The vouchers relating to pensions paid out of imprest should be stamped, 'paid in cash'.

(11)   Any deviation from the above procedure should be specifically got authorised by the Audit Officer.

(12)   In order to facilitate the identification of a pensioner, a duly authenticated copy of a passport size photograph of every pensioner shall be affixed to the disburser's half of the pension payment order and the photograph so affixed should be renewed whenever the Secretary considers it necessary. A pensioner shall be required to pay for the photographs required for this purpose. Photographs need not be affixed to pension payment orders relating to women who do not appear in public and pensioners whom the Government have specifically exempted from this requirement.

(13)   Pensioners specifically exempted from personal appearance, by the Secretary with the approval of Government, women who are not accustomed to appear in public and pensioners who produce satisfactory evidence that they are unable to appear because of bodily illness or infirmity need not appear at the Municipal Office for the payment of pensions.

(14)   Pension due to any pensioner belonging to one of the classes mentioned in instruction 13 may be disbursed to a messenger who presents the pensioner's half of the pension payment order along with.--

(a)      a proper bill in the form given in Annexure II signed and receipted by the pensioner and bearing and endorsement also duly signed by him authorising payment to such messenger, and

(b)      a life certificate in respect of pensioner signed by a Sarpanch of Gram Panchayat or the President of a Panchayat Samithi or a Chairman of Municipal Councilor by a Government servant drawing a pay of rupees one hundred per month or more or if three is no such person as mentioned above at the place where the pensioner resides some other well-known trust-worthy person. The Secretary may accept for this purpose a life certificate signed by a Sub-Post Master on pay of not less than Rs. 50 (Rupees fifty only) per month, a village headman if he considers them to be trustworthy.

(15)   (1) A pensioner of any description need not appear at the Municipal Office in person to claim payment of his pension if he produces a life certificate signed by some person exercising the powers of a Magistrate under the Criminal Procedure Code 1898 (Act V of 1898) or by any, Registrar, or Sub-Registrar appointed under the Indian Registration Act, 1908 (Act XVI of 1908) or by any Pensioned Officer who before retirement exercised the powers of a magistrate or by any Gazetted Officer or by a Munsiff or by a Police Officer not below the rank of Sub-Inspector incharge of police station or the President of a Panchayat Samithi or a Sarpanch of Gram Panchayat or Chairman of a Municipal Council.

(2) The pension due to any pensioner may be disbursed to a messenger who presents the pensioner's half of the pension payment order along with (1) a proper bill signed and receipted by the pensioner and bearing an endorsement also duly signed and receipted by the pensioner and bearing an endorsement also duly signed by him authorising payment to such messenger and (2) a life certificate in respect of the pensioner signed by a person having one of the qualifications mentioned in Clause (1) above.

(16)   A Secretary shall not pay a pension for any month to a messenger under instructions 13, 14 or 15 if the date of the life certificate is earlier than the last day of that month. He shall also invariably take the signature of the messengers in whose favour the pensioner has endorsed the bill in token of the receipt of the amount specified in it. When the messenger is illiterate his thumb impression shall be taken duly attested by a witness. The Secretary is personally responsible for any payment wrongly made. Whenever he feels a doubt as to the proper course of action, he should consult the Audit Officer.

(17)   A leper pensioner shall ordinarily appear before the Secretary to claim his pension without preparing a bill. The Secretary shall then direct one of the Municipal employees to fill up a pension bill form on behalf of the pensioner. Payment shall be made at once to the pensioner on this bill, and the Secretary shall mark the bill by means of stamp as having been paid in his presence and record the fact of payment in both halves of the pension payment order under his initials. Both halves of the pension payment order shall be retained in the office of the payment in these cases.

(18)   When a leper pensioner is unable to appear before the Secretary due to bodily infirmity, he shall send a life certificate under subsidiary instruction (b) of instruction 14 but not a bill. The Secretary shall have the bill prepared and either remit the pension irrespective of any monetary limit, by postal money order at his cost or, if the pensioner has requested him to do so, arrange for it to be paid through the Executive authority of the Gram Panchayat in which the pensioner-lives before two responsible witnesses. The procedure to be followed when a pension is paid to a leper pensioner through the Executive Authority of a Gram Panchayat is prescribed in Annexure III.

(19)   (1) The Secretary shall take adequate precautions to prevent the payment of any fraudulent claims on account of the pension of a pensioner who does not appear in person to take payment. When a pensioner draws his pension in accordance with the provisions of instructions, 13, 14, 15 and 16 the Secretary shall require proof of his continued existence independent of that furnished by the life certificates, which have to be furnished at least once a year. For this purpose he shall require each such pensioner to attend personally at the office of the payment for due identification at least once a year, unless he is exempted from personal appearance under instruction 13, in which case the necessary independent proof of the pensioner's existence shall be obtained by some other suitable methods. When pensioner alleges that he is unable to appear personally at the office of the payment on account of bodily illness or infirmity, the Secretary shall require adequate proof of such inability to be furnished at least once a year in addition to the independent proof of the pensioner's existence.

(2) The Secretary shall take special care in regard to the payment of the pension of any woman not accustomed to appear in public since such payments involve special risk of fraud. No payment shall be made except on a life certificate as prescribed in instruction 15 which shall be attested on each occasion, as an additional precaution, by two or more respectable persons of the pensioner's town or village. The Secretary shall also arrange to have every such pensioner examined at least once a year by two non-purdah female pensioners who shall check her personal marks with those recorded on the disburser's half of the pension payment order, and shall compare her signature, or if she is illiterate her thumb impression on the receipt with that already taken on the disburser's half of the pension payment order, the examinations shall be conducted as far as possible without any extra expenditure. But extra expenditure may be incurred in special cases when it is unavoidable.

(3) Whenever any person is allowed to draw pension without appearing in person at the office, of payment, the fact shall be noted on the pension payment order and the Secretary shall initial the note. He shall then see that a further note is made on it every year as to the manner in which independent proof is obtained within that year of the pensioner's continuation existence (e.g.) pensioner visited the Officer of the municipal Council etc., and initial it after verifying that the proof has actually been obtained in that form and is sufficient.

(20)   (1) The pensioner's receipt for each payment shall be taken on a separate bill. The declaration referred to in instruction 22 (1) shall also be obtained whenever a claim is made. The certificate required in Instruction 22 (2) shall be attached to a schedule of payments of pensions of each kind, or, if pension payment are few in number, to the list of payments.

(2) Every payment of a pension shall be entered on the reverse of both halves of the pension payment order and attested by the initials of the Secretary.

(21)   The Secretary shall not make any payment of pension to any pensioner other than the one who retired as a last grade employee until he has signed on each occasion when he claims payment a certificate of non-employment. If a pensioner who is required to sign the certificate has been re-employed either permanently or temporarily under a Government or a local body in India during the period for which he claims pension he shall furnish the necessary particulars in the certificate and the Secretary shall ascertain and report to the Audit Officer whether the rules regarding such re-employment have been duly observed. If a pensioner who is required to sign the certificate is illiterate, the Secretary shall see that the meaning of the certificate is explained to him verbally on each occasion on which he claims payment of his pension.

Explanation.--

This instruction shall not apply to payment of pension by postal money order.

(22)   (1) When a pension is granted on condition that it shall be paid only so long as a specified event other than the pensioner's death has not taken place, no payment shall be made unless the pensioner furnishes a certificate on each occasion that such event has not taken place.

(2) As an exception to subsidiary instruction (1), a woman whose pension is payable only so long as she does not marry or re-marry shall not be required to certify that she has not been married on each occasion when payment is made, but shall be required to attach a declaration in the following form at the end of each half-year to the bill for her pension for the month of December or June, as the case may be:

"I hereby declare that I am not married and have not been married during this six months ending 30th June 19..............

31st December, 19.................Daughter of the late................................. Widow of the late........................................................

We certify to the best of our knowledge and belief that the above declaration is correct, (to be signed by two responsible Government Servants or well-known trustworthy persons).

(23)   The pension of an insane person may be paid to a guardian appointed under the Indian Lunacy Act, 1912 (Central Act IV of 1912) or to any person authorised by the authority which sanctioned the pension to receive it. Such guardian or person shall be required to furnish with each claim life certificate as prescribed in instruction 14 stating that the pensioner was alive on the last day of the period for which the pension is claimed.

Payment of Pension by Postal Money Order

(24)   If pensioner whose pension does not exceed Rs. 100 (Rupees one hundred only) a month presents his copy of his pension payment order in person to the Secretary together with a declaration that he wishes his pension to be paid by postal money order at his cost in future, the pension shall thereafter be paid in that manner at the cost of the pensioner so long as the declaration is in force the pension remains payable. The Secretary shall observe the following instructions in regard to the payment of pensions by money orders namely.--

(a)      When a pensioner makes an application in person in the manner mentioned above, the Secretary shall identify him in the manner prescribed in instruction thereunder and instruct him to communicate promptly any change in his address. The necessary entries regarding the pensioner's declaration shall then be made in a 'Register of pensions payable by money order' specially opened for the purpose in the form given in Annexure IV and the declaration and both halves of the pension payment order shall be filed with the register.

(b)      Not later than the 10th of each month the clerk to whom the Secretary allots the duty shall makes out a money order from for each pensioner noted in the register mentioned above for the amount of pension payable less the money order commission, and make corresponding payment entry on the back of the both halves of the pension payment order. The Secretary shall sign each money order form and initial the corresponding entries on the back of both halves of the pension payment order comparing the three documents carefully and satisfying himself that the entries are correct.

(c)      The Secretary shall arrange the necessary payment to the Post Office on account of these money orders not in cash but by transfer to the credit of the Post Office in the Treasury Accounts. He shall send the money order form to the Post Office with a covering list and a certificate that he has credited the amounts of the money orders and the commission payable on them to the 'Post Office' by transfer in the treasury accounts. A separate receipt shall be obtained from the Post Office for each money order and filed in Municipal Office.

(d)      Separate pension bills need not be prepared for each pensioner. The payment shall be shown in a separate schedule in the form shown in Annexure V. The total amount of the payments shown in the Schedule shall be written both in figures and in words. The Secretary shall satisfy himself that all the amounts shown as paid in the Schedule have actually been remitted by money order and certify accordingly on it. The Secretary shall write his pay order on the Schedule and it shall then be stamped 'paid by transfer.'

(e)      The Secretary shall see that the payee's money order receipts are duly received for all the remittances shown in the register. He shall compare the signature or thumb impression on each such receipt every month with the pensioner's signature or thumb impression on the payment order and satisfy himself that it is genuine. In the next month's Schedule of pension payments, the Secretary shall certify as follows:

"I certify that I have satisfied myself that all pension payments shown in the Schedule for the previous month have been paid to the proper persons and that I have obtained the payee's money order receipts in support of all these payments and filed them in my office".

(f)       The Secretary shall satisfy himself once in every six months in such manner as he thinks desirable that the pensioner is actually alive. In token of having done so, he shall endorse on the Schedules of payments for the months of April and October each year a certificate to the effect that he has satisfied himself that the pensioners were actually alive on the dates which the pensions were remitted to them.

(g)      The Secretary shall obtain from each woman whose pension would be terminated on her marriage or remarriage and whose pension is remitted by money order, a half-yearly declaration in the form prescribed in instruction 22(2) for the half-year ending on the 30th June or the 31st December. He shall also obtain from every pensioner whose pension is remitted by money order, other than the one who retired as a last grade employee, half yearly declaration for the half-year ending on the 30th June or the 31st December that he has not received any remuneration for serving under the Government or local body in any capacity during the half-year. He shall certify as follows on the Schedules for January and July.--

"I certify (1) that I have obtained from each pensioner other than the one who retired as a last grade servant a declaration that he has not received any remuneration for serving under the Government or a local body in any capacity during the past six months, and (2) that I have obtained from each woman whose pension would terminate on her marriage or remarriage a declaration in the form prescribed in instruction 22(2) that she is not married and has not been married during the past six months."

(h)     Where owing to old age or infirmity or in consequence of some physical disability, it is not possible for a pensioner to present in person to the office of payment a declaration electing to have his pension paid by money order, the Secretary may accept instead a written declaration signed by the pensioner which is duly verified by a Gazetted Officer, a Magistrate or President of a Panchayat Samithi or Sarpanch of a Gram Panchayat or a Chairman of a Municipal Council. The Officer or authority certifying the declaration shall specify the circumstances in which he holds that it is not possible for the pensioner to present the declaration in person to the Secretary.

(i)       Should the pensioner be physically incapable of signing the declaration, the Secretary may authorise payment to the pensioner on production of a certificate from an Assistant Civil Surgeon of the District or a Registered Medical Practitioner to the effect that the pensioner is alive but is unable to sign the required declaration. In such a case, the pension may be paid to the heir, not being a minor, who would receive payment of the arrears of pension in the event of the pensioner's death, provided that it is certified by the District Collector that the person claiming a to be the heir is in fact, the heir and continues to be the heir throughout the period for which he draws the pension.

Periodical appearance of pensioners for Identification

(25)   (1) On the first appearance of a pensioner and once in the course of every year thereafter, the Secretary shall take an impression of the thumb and all the fingers of the pensioners left hand on the pension bill.

(2) He shall then identify the pensioner with reference to the particulars given in the disburser's half of the pension payment order. If he cannot identify the pensioner by other means with absolute certainty, he shall identify him by a comparison of the thumb and finger impressions taken on the bill with those pasted on the pension payment order.

Exception.--

This instruction does not apply to the pensioner who is a holder of a Government title nor to one whose pension exceeds Rs. 50 (Rupees Fifty), S month nor to one whom the Government have specially exempted from this requirement, not to literate pensioners who can sign their pension bills, provided that in cases of doubt where the pensioner cannot be identified by other means, it shall still be open to the Secretary to take thumb and finger impressions on the pension bill.

(3) A woman who is exempt from personal appearance under instruction 13 because she is not accustomed to appear in public should affix an impression of her left thumb on each bill in the presence of the person who signs the life certificate and the latter should attest it. An literate pensioner should similarly affix an impression of his left thumb on each bill in the presence of the person who signs the life certificate, or when he attends at the paying office in person to receive payment, before the Secretary and the person who assigns the life certificate or the Secretary, as the case may be should attest it. In the case of an illiterate pensioner or a woman who is not accustomed to appear in public, ac quittance by a seal mark attested by some known and respectable person may be accepted in lieu of thumb impression. (4) When a pension payment order is renewed, the original thumb and finger impression shall be cut off from the old order and attached to the new order.

(26)   (1) In order to ensure that each pensioner attends personally at the paying office at least once a year unless he falls within the terms of the exception to instruction 25(2) above or is paid by money order, the Secretary shall right the letters "L.C." with his initial in the case in which the monthly payment is noted on the reverse of the disburser's half of the pension payment order whenever the payment it made on a life certificate and shall send through the messenger who receives payment of the pension in the month previous to that in which the pensioner is due to appear in person a call in form prescribed in Annexure VI for the personal appearance of the pensioner for the annual muster in the following month, or require proof, independent of that furnished by the life certificates of the continued existence of the pensioner, when the period of continuous non-appearance approaches a year, in the case of re-employment of pensioners when personal appearance is inconvenient, it will be sufficient if certificate from the Head of the office or department in which they are reemployed to the effect that the pensioner is re-employed and continues to be re-employed in his office or department is produced before the Secretary.

(2) When a pensioner draws his pension through an agent who has executed a bond to hand over payments, the pension shall not be paid on account of a period of more than a year after the date of his life certificate last received. The Audit Officer and the Secretary shall watch carefully for authentic information of the death of any such pensioner and see that no further payment is made after such information is received.

Renewal of Pension payment orders

(27)   (1) The Secretary is authorised to renew a payment order without reference to the Audit Officer when the entries on the reverse of either the pensioners or the disbursers half are completely filed up or the pensioner half is lost, worn or torn. When the renewal is due to the loss of the original pension payment order, a fee of one rupee shall be collected from the pensioner for the duplicate. Every renewed pension payment order shall bear the old number and date, and the specimen signature or finger prints of the pensioner and the copy of the photograph where it is kept shall be cut out from the disburser's half of the new pension payment order. The Secretary shall retain the old pension payment orders for three years and then destroy them. A note of the issue of every new pension payment order shall also be made in the remarks column of the register or pension payment orders.

(2) When the Secretary, has issued a new pension payment order in place of a lost one, he shall strictly observe instruction 20 (2) and see that no payment is made on the pension payment order alleged to have been lost.

(28)   If a pension remains undrawn for more than one year, the pension shall cease to be paid if, however, the pensioner after words appears, the Secretary may renew payment. The Secretary shall not, however, pay the arrears, if the pension in arrears is to be paid for the first time or if the amount of arrears exceeds Rs. 1,000 (Rupees one thousand only) without obtaining the previous sanction of the Audit Officer. A pension not drawn for three years shall cease to be payable unless it is revived by an order of the Government.

(29)   The arrears of pension due on account of a deceased pensioner shall cease to be payable if they are not claimed within one year of the pensioner's death.

(30)   The Secretary shall examine the files of pension payment order carefully every month and remove all the pension payment orders relating to case of the kinds mentioned in instruction 29. He shall return the disbursers halves of the pension payment orders concerned to the Audit Officer with a half yearly statement of such cases. The reasons for the non-drawal, if known, shall be stated against each time.

(31)   When a pensioner has failed to appear to receive his pension for three months, the Secretary should make enquires through the District Police as to the cause of his non-appearance.

Deceased Pensioners

(32)   A pension shall be payable for the day of a pensioner's death, irrespective of the hour at which death takes place.

(33)   (1) After the death of a pensioner, the Secretary may pay any arrears actually due to the pensioner's heir or heirs, provided they apply within one year of the date of death. If the application is made later, the arrears shall not be paid without obtaining the orders of the Audit Officer.

(2) After paying the arrears of pension due on account of a deceased pensioner, the Secretary shall return both halves of the pension payment order to the Audit Officer with a not of the date of the pensioner's death.

(34)   (1) A Person who claims payment of arrears of pension, as heir of a deceased pensioner shall be required to produce the pensioners half of the pension payment order, if no pension payment order has been issued, the copy of the order in which sanction to the pension was communicated to the pensioner or his heir. He shall also be required to produce a death certificate regarding the death of the pensioner, and sufficient evidence to establish his relationship to the deceased.

(2) When the amount of arrears due to deceased pensioner does not exceed [1][Rs. 1000 (Rupees one thousand)] payment may be made to the heirs of the deceased after following the procedure laid down under instruction 33 after such enquiry as he considers sufficient regarding the claimant's right and title. In the case, the Secretary need not insist on the production of letters of administration or similar legal authority. The records of enquiry by the Secretary should contain the signed statement of at least two trust worthy or disinterested persons.

(3) When the amount of arrears due to a deceased pensioner exceeds 1 [Rs. 1000 (Rupees one thousand)] payment to the extent of 1 [Rs. 1000 (Rupees one thousand)] may be made by the Secretary as set forth in Subsidiary Instruction (2) above. The excess over 1 [Rs. 1000 (Rupees one thousand)] should be paid only under the orders of Government on the execution of an indemnity bond in Form 6 contained in the Andhra Pradesh Financial Code with sureties of proved financial stability to meet the obligations undertaken, provided that the Municipal Council is satisfied as to the claimant's rights and title and consider that undue delay and hardship would be caused by insisting on the production of letters of administration.

(4) Whenever there is any doubt as to the claimant's right and title payment shall be made only to the person producing legal authority.

(35)   (1) The Secretary shall report promptly to the Audit Officer the death of any pensioner whose pension he has paying.

(2) The Secretary shall send to the Audit Officer annually on the 5th January a list of all retired employees who were drawing their pensioners from the municipality and whose death have come to his notice during the preceding year. The list shall give the following information;

(1)     Name

(2)     Service of Appointment.

(3)     Date of death.

(36)   General Instruction.--

The disburser's halves of the pension payment orders should be filed in serial orders at separate filed, one for each class of pensions. The Secretary should keep the files in his personal custody.

Register of Pension Payment Orders

(37)   (1) The Secretary should keep a register in the form prescribed in Annexure VII of the pension payment orders issued. This register will serve as an index to the files of pension payment order referred to in instruction 36 above. Whenever a new order is issue the Secretary should see that it is correctly entered in this register with a red ink line rules across the page below the entry, and should them write his initials against the entry, in the column headed 'Name of Pensioner'. The column headed 'remarks' should be left blank so long as the pension payment order is in force. When both halves of the order are returned to the Audit Officer on account of the pensioner's death the order should be removed permanently from the register and the file, the Secretary should have the date and reason for Sending away both halves of the order entered at once in the column headed 'remarks' and initials the entry.

(2) On receipt of an intimation about the death of a pensioner, prompt action should be taken to record the fact in the register referred to in subsidiary instruction (1) above and on the disburser's half of the pension payment order.

(3) In the case of pensioners whose pensions are paid by money order under instruction 24 necessary note should be made on both halves of the pension payment order.

(38)   The Audit Officer should by the 15th November each year make out lists of Pensioners paid from each Municipal Council whose age according to the record maintained in his office, is over seventy years he should send a list to the Secretary concerned in order that the continued existence of each such pensioner may be tested by special enquiry. The Secretary shall see that this special enquiry is carefully made and he should report the result to the Audit Officer without undue delay. When the continued existence of a purdah lady has to be verified, the verifying authority should see that she is actually recognised by sortie respectable person living in her town or village with whom the verifying authority is personally acquainted.

(39)   Gratuities.--

(1)     The Secretary shall not pay any gratuity except on an authority received from the Audit Officer. The Secretary shall require to payee to produce the copy of the order by which the sanction to the gratuity was communicated to him, and shall record the fact of payment on the copy of the order so produced.

(2)     A gratuity is payable only to and upon the receipt of the person legally entitled to receive it.

(3)     If a gratuity remains undrawn for more than three months, the sanction of the Audit Officer should be obtained for payment.

 

ANNEXURE-I

(See Instruction I)

Appeared in person on.................................................................................

Name of pensioner.--

Pensioner's Half

Head of charge.--

Superannuation Allowances & Pensions.

Sir,

Until further notice, and on the expiration of every month, please pay to............................................................................................ the sum of Rupees.................................................................(less income tax) being the amount of ................................................Pension, as............................... upon the production of this order and a receipt according to usual form. The payment should commence from..........................................

(Signature)

(Designation)

The Secretary, Municipal Council,

Note.--

(1)     No pension shall be liable to seizure, attachment or sequestration by process of any Court in India at the instance of a creditor for any demand against the pensioner (Section II. Act XXIII of 1971).

(2)     Payment under this order is to be made only to the pensioner in person with the following exceptions, namely.--

(a)      to person specially exempted.

(b)      to females unaccustomed to appear in public and to persons unable to appear on account illness or bodily infirmity, Payment in both classes (a) and (b) is made on production of a life certificate signed by a responsible officer of Government, or other well-known and trustworthy person.

(c)      to any person sending a life certificate signed by some person exercising the powers of a Magistrate of any class under the Criminal Procedure Code, or by any Registrar or Sub-Registrar under the Indian Registration Act, or by any Pensioned Officer, who before retirement, excessed the powers of a Magistrate or by any Gazetted Officer.

(d)      in all cases referred to in Clauses (a), (b) and (c), the secretary must at least once in a year, require proof independent of that furnished by the life certificate of the continued existence of the pensioner.

Note.--

(3)     On the decease of the pensioner, this order should be immediately returned by his family to the Secretary, Municipal Council with a report of the date of his decease.

REVERSE OF PENSIONER'S HALF

Amount of pension Rs...............................................................[in words]

Every separate payment is to be recorded below by the Secretary

 

BLANK SPACE FOR FOLDING

 

REVERSE OF DISBURSER'S HALF

Amount of pension Rs...............................................................[in words]

This document is to be retained by the Secretary so long as the authority remains in force in such manner that pensioner shall have no access to it. Every separate payment is to be recorded below.

 

DISBURSER'S HALF

Place for signature of Pensioner on the...................................................................................................... first payment made hereon.

Office of the

No.

Sir,

Until further notice and on the expiration of every month, pay to............................................................. the sum of Rupees......................................................................(less income tax being).............................. amount of....................................................................................................pension as............................... upon the production of the counterpart hereof, taken from the claimant a receipt for the amount according to usual form. The payment should commence from................................................................. 19

(Signature)

(Designation)

Note.--

Payment under this order is to be made only to the pensioner in person, with the following exceptions:

(a)      to persons specially exempted by the Government;

(b)      to females unaccustomed to appear in public;

(c)      to persons unable to appear on account of illness or bodily infirmity.

Payment in both Clauses (a) and (b) is made on production of a life certificate signed by a responsible officer of Government, or other well known and trustworthy persons.

(d)      to any person sending a life certificate signed by some person exercising the powers of a magistrate of any class under the Criminal Procedure Code, or by any Registrar or Sub-Registrar under the Indian Registration Act, 1908, or by any pensioned officer who before retirement exercised the powers of a Magistrate, or by any Gazetted Officer of Government.

Certified that the above finger prints have been taken in my presence and under my personal superintendence from the left hand of the person whose name is entered in the pension payment order.

 

ANNEXURE – II

Pensioner's Bill

[See Instruction 14(a)]

Name of the pensioner...................................................................(in Block Capitals).............................................................

Received the amount of my pension for the month of................................. 19............ Income Tax at....................................... Less .................... Net rupees..................................P.......................The........................19............ Thumb........................ Singature ........................ Attestor's Signature................ impression............................................

Certificate of Non-Employment

I declare that I have not received any remuneration for saving in any capacity either in a Government establishment or in an establishment paid from a local fund during the period for which the amount of pension claimed in this bill is due.

Note.--

The term "local fund" means in this certificate any of the Municipal and Gram Panchayat Fund, Education Fund, Port and Marine fund, etc., mentioned in instruction 2 in Chapter IV in Part III of Andhra Pradesh Treasury code Vol. I and also any "Local Fund" under the control of the Government of India.

Please pay the amount of this bill to........................................................

.......................................................Signature of the Pensioner.

Life Certificate

Certified that the pensioner named in this bill is alive this day, the day.................................of 19.............and has signed in my presence this bill and the above request for payment to a manager.

Pay Rs.

 

DIRECTIONS

(1)     If a pensioner who is required to sign the certificate of non-employment is re-employed either permanently or temporarily in a Government establishment or in an establishment paid from a Local Fund during the period for which the pension is claimed, he should furnish the necessary particulars in the certificate and the Secretary should ascertain and report whether the rules regarding such re-employment have been duly observed.

(2)     (1) As a rule, a pensioner must take payment in person, unless she produces a life certificate signed by a Sarpanch of a Gram Panchayat or the President of a Panchayat Samithi or a Chairman of a Municipal Council or by a Government Servant drawing a pay of rupees one hundred per month or more or if there is no such person as mentioned about at the place where the pensioner resides some other well known trustworthy person [instructions 14 (b)].

(2) A Pensioner who has been exempted from personal appearance by the Government or a competent authority to which they have delegated the power of granting such exemption, or who is female not accustomed to appear in public or who produces satisfactory evidence that he (or she) is unable to appear at the Municipal Office because of bodily illness or infirmity need not take payment in personal if he (or she) produces a Life Certificate signed by some person exercising the powers of Magistrate under the Criminal Procedure Code (Act of 1974), or by any Registrar or Sub-Registrar appointed under Registration Act, 1908 (Act XVI of 1908) or by any pensioned officer who before retirement exercised the powers of a magistrate or by any Gazetted Officer or by a Munsiff or by a Police Officer not below the rank of Sub-Inspector in-charge of Police Station. The Secretary may accept for this purpose a Life Certificate signed by a Sub-Postmaster's on a pay not less than Rs. 50 (Rupees fifty only a month or a village headman or a Sarpanch of a Gram Panchayat or a President of a Panchayat Samithi or a Chairman of a Municipal Council (instruction 15(1)).

Note.--

In the case of a female pensioner who is exempted from personal appearance at the Municipal Office, the Life Certificate should be attested on each occasion, as an additional precaution by two or more respectable persons of the Pensioner's town or village.

(3)     A pensioner who draws his pension on life certificates should attend personally at the Municipal Office for due identification at least once in a year, unless he is exempt from personal appearance, in which case he should furnish the necessary independent proof of his existence to the satisfaction of the Secretary. When a pensioner alleges that he is unable to appear personally at the Municipal Officers on account of bodily illness or infirmity, he should furnish adequate proof of such inability at least once in a year in addition to the independent proof of his existence.

(4)     A pensioner or messenger who cannot sign his name should furnish his signature on the bill in the form of a mark of preferably a thumb impression, which should always be attested by any other person known to the Secretary, who has appeared with the payee and identified him.

 

ANNEXURE – III

(See Instruction 18)

Instructions for the payment of Pension to Leper Pensioners through the Agency of Executive Authority of a Gram Panchayat

(1)     On production of the life Certificate by a leper pensioner and if he has intimated his desire to be paid in his village through the Executive Authority of a Gram Panchayat where the leper pensioner has to be paid a separate bill shall be prepared by the Secretary for each pensioner. The bill together with the amount of the pension and form of certificate of payment by the Executive authority referred to in paragraph 2 should be handed over to the Executive Authority where the pensioner resides if the Executive Authority happens to come in person to cash the bill.

(2)     A register of payment of pension of leper pensioner through Executive Authority of gram panchayats should be maintained in the Municipal Office in the Form appended. Acknowledgements for the money paid and the bill handed over to the executive Authority should be obtained in the column provided in the register for the purpose. The Executive Authority should, on receipt of the money pay it promptly to the pensioner in the presence of two responsible villagers and sign a certificate of payment of the pension in the following Forms on the bill or separately and get it attested by the same responsible witnesses.--

I certify that I have today paid in person to.....................................the sum of Rs...............................(in words................................................being his pension for the month (s) of......................................

Paid in our presence.--

1.

2.

Signature of the Witnesses.

The signature of the thumb impression of the pensioner should never be taken for the payment.

After the disbursement of the amount, the Executive Authority should return the pension bill with the certificate referred to above to the Secretary who issued it, on the next occasion when the Executive Authority of Gram Panchayat happens to go to the Municipality. The Payment should however be brought to account in relevant monthly accounts of the Municipal Council concerned.

(3)     When the pension bill is received back after disbursement, the Secretary should record the fact of payment in both halves of the pension payment order under his initials. Necessary entries should also be made in the register of payment pensions.

(4)     The amount handed over to the Executive Authority etc., for disbursement should be debited to "Suspense Payments" and that suspense items should be cleared on receipt of the pension voucher with the certificates of payment.

(5)     The ordinary procedure for the payment of pensions should be followed in all other respects.

 

FORM

Register of Payments of Pensions to Leper Pensioners Through the Gram Panchayat

During the month of.......................19.........

(1)     Serial Number :

(2)     Name of pensioner and number of Pension payment order :

(3)     Month for which pension is claimed :

(4)     Amount :

(5)     Name of the village where the pensioner resides :

(6)     Names and designation of person to whom the money is handed over :

(7)     Date on which the money is paid to the person mentioned in column (6) :

(8)     Acknowledgement of the person mentioned in column (6) (Signature or thumb impression) in token of the receipt of the money and bill :

(9)     Date on which the Executive Authority's certificate of payment of pension was received :

(10)   If unpaid, the date on which the money was returned :

(11)   Remarks :

 

ANNEXURE – IV

[See Instruction 24 (a)]

Register of Pensions Payable by Money Order

 

ANNEXURE-V

Schedule of Pensions paid by Money Orders

[See Instruction 24(b)]

(1)     Certified that I have satisfied myself that all payments noted above have actually been remitted by money order.

(2)     Certified that I have satisfied myself that all pensions included in the schedule for the previous month have been paid to the proper persons and that I have obtained money order receipts in support of all the payments included in the schedule and filed them in my office.

(3)     Certified that I have obtained from each pensioner a declaration that he has not received any remuneration for serving in any capacity either under the Government or under a Local Fund during the past six months (This certificate should be given in the schedules for January and July only).

Secretary.

Pay Rs...................(Rupees.................................).

Secretary.

 

ANNEXURE-VI

Call Form

[See instruction 26 (1)]

Call for the Personal Appearance of a Pensioner

To

Please note that, in accordance with the prescribed rules for the identification of pensioner, it will be necessary for you to attend personally at this office when presenting the next pension Bill.

Signature of the Secretary.

 

ANNEXURE-VII

Register of Pension Payment Orders

[See Instruction 37 (1)]