In exercise of the powers under
Section 55 of the Uttar Pradesh Urban Planning and Development Act, 1973
(President's Act No. 11 of 1973) as re-enacted with modification by the Uttar
Pradesh President's Acts (Re-enactment with Modifications) Act, 1974 (U.P. Act
No. XXX of 1974), the Governor is pleased to make the following rules regarding
retirement benefits to the members of the Uttar Pradesh Development Authorities
Non-Centralized Services. (1)
These rules may be called the Uttar Pradesh Development
Authorities Non-Centralized Services Retirement Benefits Rules, 2011. (2)
They shall come into force with immediate effect. (3)
They shall be applicable to all the members of the Uttar Pradesh
Development Authorities Non-Centralized Service, who will retire on or after
commencement of these rules: Provided that the State
Government may, by executive orders to this effect, cover such persons under
these rules who have retired prior to the date of coming into force of these
rules: Provided further that these rules
shall not apply to the members of service appointed on or after April 1, 2005. (4)
The New Defined Contribution Pension System as applicable to the
employees of the State Government appointed on or after April 1, 2005 shall
mutatis mutandis apply to such members of service as have been appointed on or
after April 1, 2005. (1)
In these rules, unless the context otherwise requires; (a)
"Act" means the Uttar Pradesh Urban Planning and
Development Act, 1973. (b)
"Average Pay" means monthly average of the pay due to a
member of the service during the last ten months immediately preceding the date
on which he/she is to retire: Provided that- (i)
if, during the last ten months of service a member of service has
been absent from duty on leave without pay, or suspended under such
circumstances that the period of suspension does not count as service, the
periods so passed should be disregarded and an equal, period immediately
preceding the last ten months should be included; and (ii)
if, during the last ten months of service a member of service has
been absent from duty on leave with pay, 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 if he
had not been absent from duty or suspended. Explanation.-The word
"Pay" in clause (i) of the proviso includes pay as well as all such
allowances as are admissible to a member of service on leave. (c)
"Non-Centralized Services" means services common to the
Development Authorities created under sub-section (2) of Section 5 of the Act. (d)
"Emoluments" means pay as defined in Fundamental Rule
9(21) of Financial Handbook, Volume II, Part II to IV. Note-If a member of service
immediately before his retirement or death has been absent from duty on leave
with pay, his emoluments for the purpose of calculating service gratuity and/or
death-cum-retirement gratuity should be taken at what they would have been, if
he had not been absent from duty: Provided that the amount of
gratuity is not increased on account of increase in pay not actually drawn and
that the benefit of higher officiating or temporary pay is given only if it is
certified that he would have continued to hold the higher officiating or
temporary appointment but for his proceeding on leave. (e)
"Family" means the following relatives of a member of
service, eligible to receive family pension- (i)
Wife/Husband as the case may be. (ii)
Unmarried and unemployed sons/daughters (including widowed
daughters) below 25 years of age or date of employment, whichever is earlier. (iii)
Unmarried/widowed/divorced daughters till the date of
marriage/remarriage or date of getting employed or date of death, whichever is
earliest. (iv)
Parents who were totally dependent on the member of the service
during his life time, and if the deceased member is not survived by
widow/widower and/or children. (f)
"Form" means a Form appended to these rules. (g)
"Member of Service" means a person absorbed against or
appointed to a post in the cadre of service under relevant rules for the time
being in force. (h)
"Pensionable post" means a post which fulfils the
following three conditions, namely- (i)
the post is in any cadre of the Uttar Pradesh Development Authorities
Non-Centralized Services. (ii)
the employment is substantive and permanent, and (iii)
the service is paid by any Authority, (i)
"Qualifying service" means the service of a member of
service which conforms to the following conditions- (i)
The service must be under an Authority; (ii)
The employment must be substantive/regular/permanent; (iii)
The service must be paid by an Authority excluding the following
periods of- (i)
temporary or officiating service in a non-pensionable
establishment under any Authority; (ii)
service in a work charged establishment; and (iii)
service in a post paid from contingencies: Provided that the service of a
member of service does not qualify for pension and gratuity, except
compensation gratuity, until he has completed twenty years of age: Provided further that period of
continued temporary or officiating service under any Improvement Trust
Authority, Palika Board, Nigam, Central or State Government shall count as
qualifying service if it is followed by confirmation on the same post or any
other post without any interruption of service. Note.-If service rendered in a
non-pensionable establishment, work charged establishment or in a post paid
from contingencies falls between two periods of temporary service in a
pensionable establishment or between a period of temporary service and
permanent service in a pensionable establishment it will not constitute an
interruption of service but shall not count towards qualifying service. (j)
"Retirement" means discharge of a member of service from
Non-Centralized Services on superannuation, or voluntary retirement or
compulsory retirement in public interest or on abolition of a permanent post of
permanent appointment, if appointment of the member of service is not made on
any other post or it is not possible to revert him to his previous substantive
post, if any. Note.-Voluntary retirement from
service means retirement after attaining the age specified. (k)
"Retirement Pension" means pension which may be
sanctioned to a member of service who is permitted to take retirement before
attaining the age of superannuation and it also includes pension which may be
sanctioned to a member of service who is required to take retirement before
attaining the age of superannuation. (l)
"Service" means the Uttar Pradesh Development
Authorities Non-Centralized Services created under the Act. (m)
"Superannuation Pension" means pension sanctioned to a
member of service who is entitled to retirement from service on attaining a
particular age fixed as superannuation age or on completing the period of
extension in service. (1)
The members of service shall exercise their option, within ninety
days from the date of enforcement of these rules and the option once exercised
shall be final. (2)
If a member of service opting these rules, has finally withdrawn
the amounts of Authority's contribution and bonus deposited in his Provident
Fund Account, the same shall have to be deposited by him into the Pension Fund
established under Part VI of these rules along with interest at the rates fixed
from time to time by the Reserve Bank of India. (3)
If any Authority has not deposited bonus and its contribution to
the Provident Fund of a member of service opting these rules the Authority
shall have to deposit such amount with interest at the same rate as mentioned
in sub-rule (2) to the aforesaid Pension Fund. (4)
The amounts lying in Authority Pension Fund in respect of member
of service opting these rules as also the amounts due to be credited to that
fund up to the date of the said option of such member of service shall be
deposited by the Authority into the Pension Fund established under Part VI of
these rules. (5)
The amounts of Authority's contribution deposited in the Provident
Fund Account of a member of service shall have to be withdrawn from the
Provident Fund Account and credited into the aforesaid Pension Fund. (6)
These rules shall not apply to a member of service who does not
opt for the same within the prescribed time limit or who does not fulfil the
conditions mentioned in sub-rule (2) within a reasonable time that may be given
by the Vice-Chairman, Development Authority. (7)
The members of the service governed by these rules shall from the
date of application of these rules to them forfeit the benefit of bonus and
contribution payable by the authority, towards their Provident Fund. (1)
The amount of superannuation, retirement, invalid and compensation
pension and gratuity shall be the appropriate amount calculated according to
the procedure and formula applicable to the employees of the Uttar Pradesh
Government: Provided that if, despite all due
caution, there is a likelihood of delay in issuing Pension Payment order and
Gratuity Payment order, than the Vice-Chairman of the concerned authority shall
sanction interim pension and interim gratuity which shall be adjusted from the
final pension and gratuity: Provided further that if there is
a delay, for reasons beyond the control of a retired member of service, of more
than three months from the date on which gratuity become due, an interest at a
rate as specified by the State Government for its employees, from time to time
shall be payable on the amount of gratuity for period beyond three months till
the date of actual payment. (2)
No special additional pension shall be granted. (3)
The expression "invalid and compensation pension" will
have the same meanings as is assigned to it in respect of the employees of the
State Government. Part II :
DEATH-CUM-RETIREMENT GRATUITY (1) A member
of service may, on retirement, be paid a gratuity the amount of which shall, be
completed as per the procedures and formula as applicable to the employees of
State Government, subject to such ceilings as apply to the Government
employees. (2) Death
Gratuity.- On the
death of a member of service before superannuation, the amount of gratuity
shall be calculated as given below- Period of Service Rate of Gratuity (a) Less than 1 year Two times of emoluments (b) One year or more but
less than 5 years Six times of emoluments (c) Five years or more
but less than 20 years Twelve times of
emoluments (d) Twenty years or more One-fourth of emoluments
times the completed half years of qualifying service subject to a maximum of
16.5 times the last emoluments or Rupees Ten lakhs, whichever is least. (3) The
amount of gratuity admissible in accordance with sub-rule (2) shall in no case
exceed the amount admissible to Government Servants. (1) Every
member of service shall as soon as he opts for these rules or as soon as these
rules become applicable to him, make a nomination conferring on one or more
persons the rights to receive any gratuity that may be sanctioned under
sub-rule (2) or sub-rule (3) of Rule 5 and gratuity which after becoming
admissible to him under sub-rule (1) of Rule 5 is not paid to him before death: Provided
that if at the time of making the nomination the member of service has a
family, the nomination shall not be in favour of any person other than one or
more of the members of his family. Note.-The
nomination or a change in the nomination can be made by a member of service
during his service or after his retirement with the approval of the
Vice-Chairman, Development Authority. (2) If a
member of service nominates more than one person under sub-rule (1), 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 the gratuity. (3) A member
of service may provide in a nomination, (a) that in
the event of any specified nominee predeceasing the member of service the right
conferred upon that nominee shall pass on to such other person as may be
specified in the nomination: Provided
that if at the time of making the nomination the member of service has a family
consisting of more than one member the person so specified shall not be the
person other than a member of his family. (b) that the
nomination of nominee shall become invalid in the event of the happening of a
contingency specified therein. (4) The
nomination made by member of service who has no family at the time of making
the nomination or a provision has been made in a nomination under clause (a) of
sub-rule (3) by a member of service whose family consists, on the date of
making the nomination, of only one member shall become invalid in the event of
the member of service subsequently acquiring a family or an additional member
in the family, as the case may be- (5) (a) Every
nomination shall be in any of the Forms 'A' to 'E' as may be appropriate in the
circumstances of the case; (b) A
member of service may at any time cancel a nomination by sending a notice in
writing to the appropriate authority mentioned in sub-rule (7), provided that
the member of service shall along with such notice, send a fresh nomination
made in accordance with these rules. (6) Immediately
on the death of a nominee in respect of whom no provision about the passing of
his right to another person has been made in the nomination under clause (a) of
sub-rule (3) or on the occurrence of any such event by reason of which the
nomination becomes invalid in pursuance of clause (b) of sub-rule (3) or
sub-rule (4), the member of service shall send to the appropriate authority a
notice in writing formally cancelling the nomination together with a fresh
nomination made in accordance with these rules. (7) Every
nomination and every notice of cancellation given by a member of service shall
be sent to the Vice-Chairman, Development Authority, who shall countersign
indicating therein the date of receipt, and shall keep it in his custody. (8) Every
nomination made, and every notice of cancellation given, by a member of service
shall to the extent it is valid, take effect on the date on which it is
received by the authority mentioned in sub-rule (7). (9) If a
member of service having a family, dies without making a nomination conferring
on one or more of the members of his family the right to receive the amount of
death-cum-retirement gratuity it shall be paid in equal shares in the following
manner- (a) If there
are more than one surviving member in the family as listed below, than the
amount of gratuity shall be distributed among them in equal parts- (a) Wife/husband (b) Sons
(including step sons and adopted sons) (c) Daughters
(including step daughters and adopted daughters). (d) If there
is no survivor from the list given above, and there are more than one relative
listed below, then the amount of gratuity shall be distributed among them in
equal parts- (i) widowed
daughters (ii) brothers
below 18 years of age and unmarried and widowed sisters (including step
brothers and sisters) (iii) father (iv) mother (v) married
daughters (including step daughters) (vi) children
of pre-deceased son: Provided
that if a member of the service does not have a family and dies without making
nomination, the gratuity shall stand forfeited. The Family Pension to the family
of a member of the service shall be regulated by the relevant rules, applicable
to Government Servants servicing in connection with the affairs of the State of
Uttar Pradesh. The application for family
pension shall be made in Form 'F' Facility for commuting pension
will be available in accordance with the Uttar Pradesh Civil Pension
(Commutation) Rules but the maximum amount of pension which may be commuted
will be restricted to one-third of the pension admissible under Part I of these
rules: Provided that the pension
actually payable after commutation will not, in any case, be less than one-half
of the pension admissible under Articles 474 and 474-A of the Civil Service
Regulations. The Vice-Chairman, Development
Authority will have the right to effect recoveries of the amounts legally due
from the member of service concerned to the Authority from the gratuity or
pension sanctioned to him. No gratuity or family pension
will ordinarily be granted if the member of service was punished for criminal
misconduct or was dismissed or removed from service for misconduct insolvency
or embezzlement: Provided that the appointing
authority reserves the right of withholding or withdrawing a pension or any
part of it, if the pensioner be convicted of serious crime. (1)
In respect of each member of service who is entitled to pension
under these rules. Vice-Chairman, Development Authority shall draw a pensionary
contribution equivalent to 12 per cent of the member of service salary each
month from the fund from where the salary of member of service is payable and
shall deposit it before the sixth day of each month. (2)
The contribution of Development Authorities in the fund presently
available at the Development Authorities shall be transferred to "Uttar
Pradesh Development Authorities Non-Centralized Services Pension Fund" and
employees's share shall be returned to employee as Provident Fund. On the enforcement
of these rules in the Development Authorities, the benefit of C.P.F. shall
stand abolished. The account of the contribution
mentioned in Rule 11 shall be kept by the Vice-Chairman, Development Authority
and investments therefrom will be maintained and made according to the
direction of the Vice-Chairman, Development Authority. (1)
The Heads of Departments in the Authority or where there is no
Head of Department the Office Superintendent/Head Clerk entrusted with
establishment work shall prepare a list six monthly on the 1st of January and
1st of July, of all such members of service who are due for retirement in the
next two years, and shall send this list on January 31 and July 31 every year
to the Vice-Chairman, Development Authority. The Heads of Departments or Office
Superintendent/Head Clerk, as the case may be, shall also ensure one and half
year before the date of retirement of the member of service that no dues would
remain unrealised from the member of service concerned by the date of his
retirement. (2)
One year before the date of retirement of each member of service,
the Head of Department or Office Superintendent/Head Clerk, as the case may be
shall complete his application in Form 'G' and other records connected with his
pension gratuity and shall send them to the Chief Accounts Officer in the
Authority, who shall after examining the amount of pension and gratuity submit
it to the Vice-Chairman, Development Authority who will make a scrutiny of the
pension and gratuity papers. These papers will be scrutinized in the same
manner as the claims on the Authority, Funds are examined under the Act. (3)
The Vice-Chairman, Development Authority shall be the competent
authority to sanction pension and/or gratuity. If the service record of the
member of service has not been satisfactory, Vice-Chairman, Development
Authority shall have the right to make deductions in the pension and/or
gratuity. The Vice-Chairman, Development Authority shall ensure and satisfy
himself that the service of the retiring member of service had been
satisfactory and sanction full pension and/or gratuity payable under these
rules; and if the service had not been satisfactory, he shall decide whether or
not any deduction in pension and/or gratuity is to be made and Vice-Chairman,
Development Authority shall afford an opportunity to the member of service
concerned to explain. (4)
Excess payment on account of wrong assessment of pension/family
pension/gratuity/death-cum-retirement gratuity is liable to be refunded and to
make it obligatory a declaration shall be taken before hand from every member
of service going on retirement in Forms 'H' and 'I' as the case may be. (5)
Applications for grant of pension in Form 'G' shall be presented
by the member of service concerned through proper channel and in case of death
of the member of service the applications for grant of gratuity/family pension
shall be presented by the claimant on the prescribed form. If the forms prescribed under
these rules are insufficient to dispose of the pension cases, then the form
prescribed for grant of pension to State Government servants can be used. (1)
If any dispute or difficulty arises regarding interpretation of
any of the provisions of these rules, the same shall be referred to the State
Government whose decision thereon shall be final and conclusive. (2)
Matters not covered by these rules shall be governed by such
orders as the State Government may deem proper to issue. Part VI : ESTABLISHMENT OF PENSION
FUND AND PROCEDURE FOR PAYMENT There shall be established under
the control of the Vice-Chairman Development Authority a common pension fund to
be known as the "Uttar Pradesh Development Authorities Non-Centralized
Services Pension Fund", hereinafter referred to as the 'fund'. The amount
of pensionary contributions payable by the Authority under Rule 11 shall be
credited into this fund. All moneys to be credited into
the fund and all the payments to be made therefrom shall be entered in a cash
book. The cash book shall be maintained by the Vice-Chairman, Development
Authority in Form 'J'. Bank account of the Fund shall be
kept in a Nationalised Bank. The amount of pensionary
contribution shall be deposited by the Vice-Chairman, Development Authority in
the Bank before the sixth day of each month. Challans shall be prepared in Form
'K' Challans shall accompany a list in which full particulars of the name of
member of service designation, pay and amount of contribution shall be given.
These challans shall be prepared in quadruplicate. The first and second copies
of the challans shall be given back to the depositor by the Bank and the third
and fourth copies of the challan along with the list shall be sent to the
Vice-Chairman, Development Authority by the tenth of each month by the
depositor and the Bank respectively. The Accounts Officer of the Development
Authority Office shall compare these copies of the challans and enter the
amounts of contribution in cash book. The challan copies shall be kept safe in
a guard file for audit purposes. A ledger account of the concerned
officer shall also be maintained in Form 'L'. In the ledger there shall be
entered the amount of salary paid to the member of service and the amount of
contribution deposited in each month. The postings in the ledger shall be made
from the copies of the challans and at the close of each month the amount of
contribution as posted in the ledger shall be compared with the corresponding
amount entered in the cash book. A review of the ledger shall be made to
ascertain whether the pensionary contributions in respect of all members of
service have been deposited or not. If it has not been deposited in any case,
it shall be got deposited forthwith. After the amount of
pension/family pension/gratuity has been sanctioned under Rule 13 of these
rules pensions payment order in Form 'M' appended to these rules shall be
issued by the Vice-Chairman, Development Authority for the payment of
pension/family pension/gratuity sanctioned in each case. The copies of this
order shall be endorsed to the pensioner, the Bank and Director, Local Fund
Accounts, Uttar Pradesh: Provided that the Vice-Chairman,
Development Authority may, if he is satisfied that there is a possibility of
considerable delay in sanctioning pension/family pension/gratuity in a
particular case, sanction, interim pension/family pension/gratuity against a
declaration in Form 'N' made by the member of service concerned; but this
amount shall not be more than 75 per cent of the amount of the pension and
gratuity assessed. Similarly, before sanctioning interim family pension and
gratuity a declaration in Form 'O' shall be taken from the legal heir of the
deceased member of service. At the time of first payment of
the pension, the Agent of the Bank shall write down the description and address
etc. of the pensioner on the pension payment order as per details printed
thereon and the monthly payment of the pension shall be recorded on the pension
payment order as per pro forma given therein. (1)
Pensioner shall present his bill in duplicate every month to the
Bank in Form 'P'. After scrutiny of the bill the payment shall be made to the
pensioner by the Bank and the receipt for payment shall be obtained on the bill
itself. After payment, one copy of the bill shall be sent to the Vice-Chairman,
Development Authority by the bank. (2)
Provisions of the scheme of the State Government given in Appendix
II shall mutatis mutandis apply to the payment of pension in these rules. On receipt of the copies of the
paid bills in Vice-Chairman, Development Authority office these payments shall
be entered in the cash book by the Accounts Officer and these bills shall be
kept safe in a guard file for audit purposes. In order to ensure the timely and
correct payment of the pension to the pensioners an "Audit Check
Register" in Form 'Q' shall be maintained in Vice-Chairman, Development
Authority office. In this register a separate ledger of each pensioner shall be
opened. On receipt of the paid bills payments shall be entered in the ledger of
the pensioner concerned. After the gratuity is sanctioned,
gratuity payment order (G.P.O.) in Form 'R' shall be issued to the Bank. A copy
thereof shall also be endorsed to the person concerned. Its payment shall be
made to the person concerned by the Bank after necessary scrutiny; and it will
be sent back to the Vice-Chairman, Development Authority after payment. The Bank shall send by the 5th of
each month to the Vice-Chairman, Development Authority a statement in Form 'S'
showing the amounts of pension and gratuity paid in the previous month. The
statement shall be compared in the office of Vice-Chairman, Development
Authority with the entries in the Cash Book and Check Register. In addition to the Statement
referred to in Rule 27, the Bank shall also send to the Vice-Chairman,
Development Authority by 6th of each month a monthly statement showing credits
and the payments made in the previous month. It shall be compared in the Office
of the Vice-Chairman, Development Authority with the Cash Book. Cash Book shall be closed and
balanced daily and shall be signed by an Accounts Officer authorised by the
Vice-Chairman, Development Authority Office. At the end of each month the
amounts of income and payments as entered in the cash book shall be compared
with the corresponding credits and payments as shown in the monthly statements
submitted by the Bank. If there is any difference between the two, explanation
shall be entered at the close of the month. After closing of the cash book at
the end of the month it shall be placed before the Vice-Chairman, Development
Authority for his review. The amounts of pension fund shall
be invested in Government securities or in long term deposits/time deposit/and
other savings accounts in a Scheduled Bank/Post Office as the Vice-Chairman,
Development Authority may deem proper but the balance in the current account
shall always be maintained as much as it is sufficient to meet the requirements
of monthly pension to be paid to the members of service. Investments have
entered in an Investment Register will be maintained in Form 'T'. Pension Fund shall be audited annually
by the Director, Local Fund Accounts, Uttar Pradesh and the audit reports and
objections received from him shall be complied with by the Vice-Chairman
Development Authority. The Vice-Chairman, Development
Authority may prescribe any other form in addition to those appended to these
rules for maintaining the accounts of the Pension Fund in a systematic
way. UTTAR
PRADESH DEVELOPMENT AUTHORITIES NON-CENTRALIZED SERVICES RETIREMENT BENEFITS
RULES, 2011
PREAMBLE