In
exercise of the powers vested under Statute 5(2) (iv) and (ix) of the Jai
Narain Vyas University Jodhpur, Act, 1962, as amended from time to time, the
Syndicate hereby makes the following regulations regarding grant of pension to
the employees of the Jai Narain Vyas University, Jodhpur. CHAPTER 1
SHORT
TITLE, SCOPE & APPLICATION, DEFINITIONS (i) These regulations
shall be called the "Jai Narain Vyas University, Jodhpur Pension
Regulations, 1990". (ii) These regulations
shall come into force w.e.f. 1.1.1990. (i) These regulations
shall apply to all persons regularly appointed to the service of the Jai Narain
Vyas University Jodhpur on or after 1.1.1990. (ii) These regulations
shall also apply to all existing employees both teaching and
non-teaching who opt for pension scheme under these regulations within
the period specified in Reg. 4 for exercising option. In case of employees who
do not exercise option within the specified period, it will be deemed that the
concerned employee has opted for the pension scheme under these regulations. Provided
that these regulations shall not apply to: (a) Persons employed on
contract or part-time basis, (b) Persons on deputation
to the University, (c) Purely temporary and
daily wages staff, (d) Re-employed
pensioners. (1) "University"
means the Jai Narain Vyas University Jodhpur established or incorporated by the
Act of State Legislature or under the Central Act. (2) "Syndicate"
means the Syndicate of the Jai Narain Vyas University Jodhpur. (3) "Emoluments"
means the emoluments which an employee was receiving immediately before
his retirement and includes: (a) Substantive pay in
respect of a permanent post other than a tenure post held in substantive
capacity. (b) Personal pay which is
granted in lieu of substantive pay in respect of a permanent post other than a
tenure post. (c) Officiating pay of an
employee without a substantive appointment if the officiating service counts
under Regulation 23(b). (4) "Family" :
family for purposes of grant of family pension will include the ollowing
relations of the employee: (a) wife, in the case of
male employee, (b) husband, in the case
of a female employee, (c) minor sons, and (d) unmarried minor
daughters. Notes
: (1) (c) and (d) will
include children adopted legally before retirement. (2) marriage after
retirement will not be recognised for the purpose of this regulation. (5) "Pension
Fund" means the fund created for the purpose of transferring the total
accumulated amount of University contribution in C.P.F. (including the amount
of loan taken out of it) and interest thereon as on date of commencement of
these regulations, and monthly contribution made thereafter in respect of such
employees who opted or are deemed to have opted the pension scheme under these
regulations. The pension paid to the retired employees shall be charged to this
Fund. (6) "Year"
means Financial Year of the University. (7) "Injury"
means the bodily injury resulting from violence or accident assessed by any
Medical Officer not below the level of CM & HO authorised by the Syndicate
as being not less severe than involving loss of earning power. (8) 'Accident"
means: (a) A sudden and
unavoidable mishap, or (b) A mishap due to an
act of devotion to duty. (9) "Violence"
means the act of a person who inflicts injury on an employee : (a) by assaulting or
resisting him in the discharge of his duty or to deter/prevent him from
performing his duties, or (b) because of anything
done or attempted by such employee or by another employee in the lawful
discharge of the duty, or (c) because of his
official position. (10) "Finance
Officer" means the officer designated as Finance Officer ot th University. (11) "Registrar"
means the officer designated as Registrar of the University Jodhpur. All
existing employees who were in service c 1.1.1990 shall have to exercise their
option in writing, either for the pension schen under these regulations or for
continuance under the existing C.P.F. Scheme, within months from the date of
notification of these regulations and shall submit the same the Finance Officer
in the prescribed form. Provided
that: (1) The existing
employees who do not exercise option within the peril specified under these
regulations shall be deemed to have opted for t pension scheme. Option once
exercised shall be final and irrevocable. (2) Employees on
deputation or on leave on the date of issue of the regulations may exercise option
within 3 months from the date of retu from deputation or date of joining from
leave, as the case may be. (3) An employee who has
retired from University service on or after the di of application of
these regulations and has received C.P.F. benefits may exercise option with 3
months from the date of notification of these regulations provided that he
shall refund the total amount of University contribution towards C.P.F. since
beginning together with interest earned thereon from time to time till
retirement and also the interest on this total amount at the rate of 6% per
annum from the date of his final settlement to the date on which he deposits
the amount for being credited to the pension fund. CHAPTER 2
CONDITIONS OF GRANT OF PENSION Pension
shall be of four classes, the rules/regulations for which are prescribed in the
following sections of this Chapter? (a) Compensation Pension (Sec. I) (b) Invalid Pension (Sec. II) (c) Superannuation Pension (Sec. Ill) (d) Retirement Pension (Sec. IV) Section
I Compensation Pension If
an employee is selected for discharge owing to the abolition of his permanent
post, he shall, unless he is appointed to another post the conditions of which
are deemed by the Authority competent to discharge him to be at least equal to
those of his own, have the option ? (a)
of taking the compensation pension or
gratuity to which he may be entitled for the service he has already rendered,
or (b)
of accepting another appointment on
such pay as may be offered and continuing to count his previous service for pension. The
selection of the employee to be discharged upon the reduction of an
establishment should prima facie the so made that least charge for compensation
will be incurred. The abolition of an appointment within the meaning of
Regulation 6 must produce a real saving to the University i.e., the saving
should always exceed the cost of pension otherwise it may be advisable to
postpone the reduction of establishment or abolition of appointment. (a)
No pension shall be admissible to an
employee for the loss of an appointment on discharge after completion of a
specified term of service. (b)
If it is necessary to discharge an
employee in consequence of a change in nature of duties of his office, the case should be referred
to the Syndicate through Finance
Committee for decision regarding payment of Compensation Pension or gatuity. Reasonable
notice should be given to an employee, who is permanent, before his services are dispensed with on
the abolition of his post/office. If in any case notice period as specified in
the service rules is not given and the employee has not been provided with
other employment on the date on which his services are dispensed with, then a
gratuity not exceeding his emoluments for the period by which the notice
actually given to him falls short of the specified period, may be paid to him
in addition to the pension to which he may be entitled but the pension shall
not be payable for the period in respect of which he received a gratuity in
lieu of notice. The
compensation gratuity awarded to an employee under Regulation 9 will be
refunded by him if he is permanently re- employed within 3 months from the date
of notice. If
an employee who is entitled to compensation pension accepts another appointment
and subsequently becomes again entitled to receive a pension of any class, the
amount of such pension shall not be less than what he could have claimed if he
had not accepted the appointment. Section
II Invalid Pension An
Invalid Pension shall be granted to an employee on his retirement from service
of the University, who by bodily or mental infirmity is permanently
incapacitated for further service. A claim for Invalid Pension shall be
considered on the basis of medical certificate of incapacity (in prescribed
form) given by the competent Medical Authority not below the level of CM. &
H.O. Provided
that no medical certificate of incapacity for service shall be granted unless
the case is referred to the CM. & H.O. by the Registrar. (a)
A succinct statement of the medical
case and of the treatment adopted should be appended. (b)
if the examining Medical Officer is
unable to discover any specific disease in the employee but considers him in
capacited for further service by general debility, he should give detailed
reasons for his opinion and a second medical opinion of the Medical Board
should be obtained in such a case. (c)
A simple certificate that inefficiency
is due to the old age or natural decay from advancing years is not sufficient.
The Medical Officer is however at liberty to state reasons for believing the
age of employee to be understated when certifying that the employee is
incapacitated for further service by general debility. An
employee discharged on other grounds has no claim to Invalid Pension even
though he can produce medical evidence of incapacity for service. If the
incapacity is directly due to irregular or intemperate habits, no pension shall
be granted. If it has not been directly caused by such habits, but has been
accelerated or aggravated by them, the authority competent to grant pension
will decide as to what reduction in pension should be made on this account. An
employee who has submitted a medical certificate of incapacity for further
service shall, if he is on duty, be discharged from service from the date of relief of his
duties which should be arranged without delay on receipt of the medical
certificate. If he is on leave at the time of submission of the medical
certificate, he shall be discharged from service on expiry of that leave or
extension of leave, if any granted to him by the sanctioning authority. Section
III Superannuation Pension A
superannuation pension shall be granted to an employee who is required to
retire from service on attaining the prescribed age of retirement. Section
IV Retiring Pension (a)
A retiring pension shall be granted to
an employee who seeks voluntary retirement and is permitted to retire from
service after he has given at least 3 months previous notice in writing to the
Appointing Authority, after completing 20 years of qualifying service. Provided
that it shall be open to the Appointing Authority to withhold permission to
retire an employee: (i)
who is under suspension, (ii)
in whose case disciplinary proceedings
are pending or contemplated and the disciplinary authority having regard to the
circumstances of the case is of the view that such disciplinary proceedings
might result in imposition of the penalty of removal or dismissal from service, (iii)
in whose case prosecution is
contemplated or may have been launched in a Court of Law. (b)
An employee who has given notice for
seeking retirement under regulation 17(a) may presume acceptance of the notice
of retirement and the retirement shall be effective automatically unless an
order in writing to the contrary has been issued by the Competent Authority
served upon him before the expiry of the period of notice. (c)
If an employee seeks retirement under
regulation 17(a) while he is on leave not due, without returning to duty, the
retirement shall take effect from the date of commencement of the leave not due
and the leave salary, if any, paid in respect of such leave shall be recovered
from him. An
employee who seeks voluntary retirement under Regulation 17(a) shall be
entitled to a weightage of 5 years of qualifying service which shall be
nationally added to the qualifying service actually rendered by him subject to
the condition that the resultant total length of qualifying service shall in no
case be more than 33 years or the qualifying service an employee could have
counted had he retired on attainment of superannuation age, whichever is less. CHAPTER 3
AMOUNT
OF PENSION The
amount of pension to be granted shall be determined by the length of qualifying
service as set forth in Regulation 21,25 and 26. (a) The full pension
admissible under these regulations is not to be given as a matter of course
unless the service rendered have been approved. (b) If the service
rendered by an employee has not been satisfactory, the pension sanctioning
authority may by order make such reductions in the amount of pension or
gratuity or both as that authority may think appropriate; provided
that no such order of reduction shall be made unless the employee has been given
a reasonable opportunity for making a representation in the matter. The
qualifying service of an employee begins from the date he takes charge of the
post to which he is first appointed but it does not qualify till he has
completed 18 years of age, except for grant of compensation gratuity. The
service of an employee does not qualify for pension unless it confirms to the
following conditions: (1) It is a paid service
of a regularly appointed employee under the University. (2) The employment is in
substantive, temporary or officiating capacity. (a) The service of an
employee transferred from a temporary to permanent post shall be counted, if
the post was at first created experimentally or temporarily. (b) The officiating
services of an employee, without a substantive appointment, in a post which is
vacant or the permanent incumbent of which does not draw any part of the pay or
count service, shall be counted if he is confirmed without interruption in his service. (a) Time spent on leave
with pay and allowances shall count as service for pension purposes. (b) Time spent on Extra
Ordinary Leave (leave without pay and allowances) taken in any of the
circumstances mentioned below shall count as service provided the employee has
not taken any job elsewhere: (i) If it is taken on
medical grounds duly supported by a certificate from the Authorised Medical
Attendant, (ii) If it is taken for
prosecuting higher Scientific and Technical Studies. Time
spent under suspension pending enquiry shall count in full where, on conclusion
of enquiry, the employee has been fully exonerated or the suspension is held to
have been wholly unjustified. In other cases, the period of suspension shall
not count unless the authority competent to pass orders after disciplinary
proceedings expressly declares
that it shall count, and then it shall count only to such extent as the
competent authority may declare. (a) Resignation or
dismissal or removal from service for misconduct, insolvency, inefficiency (not
due to age) or failure to pass a prescribed examination may entail forfeiture
of past service. (b) Resignation of an
appointment to take up, with proper permission, another appointment whether
permanent or temporary, service in which counts in full or in part, may not be
taken as resignation from service. (c) An employee who is
dismissed, removed or compulsorily retired from service, but is reinstated on
appeal or revision, is entitled to count his past service. (d) The period of break
in service between the date of dismissal, removal or compulsorily retirement,
as the case may be, and the date of reinstatement and the period of suspension
(if any) shall not count unless regularised as duty or leave by a specific
order of the authority which passed the order of reinstatement. An
interruption in service of an employee entails forfeiture of his past service,
except in the following cases : (a) Authorised leave of
absence. (b) Unauthorised absence
in continuation of authorised leave of absence until the post of the absentee
is not substantively filled. (c) Suspension where it
is immediately followed by reinstatement, whether to the same or different
post, or where the employee dies or is permitted to retire or retired while
under suspension. (a) The Pension
Sanctioning Authority may commute retrospectively periods of absence without
leave into leave without allowances. (b) Subject to the
following conditions, the Syndicate may condone interruption in service of an
employee: (i) the interruption
should have been caused by the reasons beyond the control of the employee
concerned. (ii) service preceding the
interruption should not be of less than "five years" duration and in
cases where there are two or more interruptions, the total service pensionery
benefits in respect of which will be lost if the interruptions are not condoned,
should not be less than five years; and (iii) the interruption
should not be more than of one year's duration. In cases where there are two or
more interruptions, the total of the periods of all interruptions that are
condoned should not exceed one year. CHAPTER 4
PAYMENT
OF PENSION (a) An employee eligible
for pension under any of the categories mentioned in Regulation 5 (Chapter-2)
shall be granted on retirement the amount of pension to be determined at 50% of
emoluments last drawn by him subject to a minimum of Rs. 300/- per month. The amount of pension so
arrived at shall be related to the maximum qualifying service of 33 years. In
the case of an employee who at the time of retirement has rendered qualifying
service of 10 years or more but less than 33 years, the amount of his pension
shall be such proportion of the maximum admissible pension as the qualifying
service rendered by him bears to the maximum qualifying service of 33 years. Note
: ? Fraction of a year equal to 6 months and above shall be
treated as a completed 6 monthly period of qualifying service for the purpose
of calculation of pension. (b) In addition to
pension as determined under Regulation 29(a) above, Dearness Allowance as
admissible on the basis of amount of pension will be payable to the pensioner
concerned at rates sanctioned from time to time. The
Authority competent to make appointment to the post substantively held by the
retiring employee shall be competent to sanction pension (and gratuity). Such
Authority shall having due regard to the provisions of Regulation 20
(Chapter-3), record in prescribed form bis orders as to whether service
rendered by the employee is approved for the grant of full pension and if not,
he should for that reason make such reduction from the amount of full pension
(or gratuity or both) admissible under these regulations, as he thinks proper. (i) Subject to the
provisions of Regulation 20, pension once sanctioned after final assessment
shall not be revised to the disadvantage of the employee unless such revision
becomes necessary on account of detection of a clerical error subsequently.
Revision of pension to the disadvantage of pensioner shall be ordered by the
pension sanctioning authority only after approval from the Syndicate, if the
clerical error is detected within a period of 2 years from the date of
sanction. (ii) For the purpose of
Sub-Regulation (i) above, the employee concerned shall be served with the
notice by the pension sanctioning authority requiring him to refund the excess
payments so made within a period of 2 months from the date of receipt of the
said notice. On his failure to comply with the notice, the pension sanctioning
authority shall order that such excess payment shall be adjusted by short
payments of pension in future, in one or more instalments as the said authority
may order. The
Registrar shall undertake the work of preparing pension papers in prescribed
form one year before the date on which an employee is due to retire on
superannuation or on the date on which he proceeds leave preparatory to
retirement, whichever is earlier. The
Registrar shall send to the retiring employee the prescribed form of
application for pension one year in advance of the date on which he attains the
age of superannuation or before the date of his anticipated retirement, if
earlier, with the request to return the same duly completed as promptly as
possible but at least one month before the actual date of retirement. As
soon as the pension is finally assented and sanctioned by the pension
sanctioning authority, the Finance Officer shall prepare pension payment order
in prescribed form, but shall not issue the said order more than a fortnight in
advance of the date on which the
employee is due to retire. The intimation of issue of pension payment order
shall be given immediately to the retiring employee. (i) In cases where
pension papers have not been prepared by the time of retirement of the
employee, the pension sanctioning authority shall, after the most careful
summary investigation, authorise payment of provisional pension to the extent
of 75 per cent of the maximum amount of pension to which he is entitled under
these regulations. The sanction for provisional pension shall be issued
immediately before or latest by the date of retirement of the employee, which
shall remain valid till his pension case is finalised. (ii) The payment of
provisional pension shall be adjusted against the final payment of pension. If
the amount of provisional pension granted and disbursed to a retiring employee
is found to be in excess of final pension assessed, he shall be required to
refund such excess payment in the manner and subject to the conditions
specified in Regulation 31. The
payment of pension granted under these regulations shall be made in accordance
with the procedure to be prescribed by the Syndicate from time to time.THE
JAI NARAIN VYAS UNIVERSITY, JODHPUR PENSION REGULATIONS, 1990
PREAMBLE