STATEMENT OF OBJECTS AND REASONS " Article 312of the Constitution provides that Parliament may by law regulate the recruitment, and the conditions of service of persons appointed to the All India Services common to the Union and the States. At present there are two such All India Services, namely, the Indian Administrative Service and the Indian Police Service. In the absence of any proviso to Article 312similar to that included in Article 309, the Government of India is now compelled to deal with many of these matters by means of non-statutory executive orders. This is neither satisfactory nor quite justifiable. 2. Before the commencement of the Constitution, the Government of India issued the Indian Civil Administrative Cadre Rules and the Indian Police Service Cadre Rules. Although these Rules, in so far as they are not inconsistent with the Constitution, are continued in force by Article 313of the Constitution, they authorise the regulation of only such items relating to the conditions of service as had already been settled. Emergency recruitment to these services to fill the gaps left by the departure of the British element in the I.C.S. and the Indian Police was still in progress at that time. Many matters relating to the conditions of service of such officers were only decided after the Constitution had come into force. Other very important matters such as the fixation of retirement benefits have yet to be settled. Arrangements have also been completed recently to extend the Indian Administrative Service and the Indian Police Service schemes to the Part B States. 3. It is necessary that Parliament should provide the requisite statutory authority to enable the Government of India to carry on the day-to-day management of the two All India Services and also to take and promulgate decisions on matters relating to the recruitment and the conditions of service from time to time- 4- The present Bill seeks to fill a constitutional lacuna without proceeding to incorporate an) detailed provisions- This course is necessitated, among other things, by the shortness of time available to Parliament this year- After the necessary transitional period is passed through, it will be possible to incorporate the major provisions in an Act of Parliament- The present Bill provides that recruitment and conditions of service of officers of the two All India Services shall be regulated by rules to be made by the Central Government in consultation with the Governments of the participating States- The Bill, however, provides that all the rules so made shall be laid before Parliament and shall be subject to such modifications as Parliament may make". -Gaz- of Ind-, 1951, Part II -Sec-2, page 748. Act 25 of 1958.- The Government of Jammu and Kashmir have agreed to participate in the scheme of All India Services and this has necessitated the constitution of the Indian Administrative Service and Indian Police Service Cadres in that State. Section 3of the All India Services Act, 1951, empowers the Central Government, in consultation with the States concerned, to make rules for the regulation of recruitment, etc., to an All India Service. The object of this Bill is to make it clear that the expression "State concerned" in that Act includes the State of Jammu and Kashmir. -S.O.R. Gaz. of Ind., 9-5-1958, Pt.ll-S.2, Ext., p. 710. Act 27 of 1963.- Under Article 312(1)of the Constitution, the Rajya Sabha passed a resolution on 6th December, 1961, by the prescribed majority, declaring that it is necessary to provide, in the national interest, for the creation of the following All India Services, namely :- (1) the Indian Service of Engineers (Irrigation, Power, Buildings and Roads), (2) the Indian Forest Service, and (3) the Indian Medical and Health Service. The present Bill seeks to create the aforesaid services by amending the All India Services Act, 1951. Under section 3of the Act, the Central Government would be empowered to make rules for the regulation of recruitment, and conditions of service of persons appointed, to these services. - S.O.R. -Gaz. of Ind., 19-11-1962, Pt. II, S. 2, Ext., p. 1012. Act 23 of 1975.- In service matters occasions arise when it becomes an inescapable necessity to amend or make rules with retrospective effect. An instance in point is the implementation of the decisions of the Government on the recommendations of the Third Central Pay Commission. 2.Section 3of the All India Services Act, 1951 which empowers the Central Government to make rules for the regulation of recruitment and the conditions of service of persons appointed to an All India Service does not in terms permit the making of the rules with retrospective effect. In view of the opinion tendered by the Attorney-General in 1969 in connection with a po,int raised by the Public Accounts Committee regarding an exemption notification issued with retrospective effect under the Central Excises and Salt Act, 1944and the subsequent decisions of the Supreme Court, particularly the decision in Hukum Chand v. Union of India , unless the section is suitably amended, it would not be permissible to make any rules thereunder with retrospective effect. It is, therefore, proposed to amend the section so as to empower the Central Government to make rules with retrospective effect subject to the safeguard that no rules shall be made retrospectively so as to prejudicially affect the interests of any person who may be governed by such rules. This safeguard is in accordance with the directions of the Committee on Subordinate Legislation, It is also proposed to validate the rules which have been made in the past with retrospective effect. 3. The Bill seeks to achieve the above objects. -S.O.R. Gaz. of Ind., 21-12-1974, Pt. II, S. 2, Ext., p. 1232.
An Act to regulate the recruitment, and the conditions of service of persons appionted, to the All-India Services common to the Union and the States. BE it enacted by Parliament as follows:- The Act has been extended to Pondicheiry Union Territory by the Pondicherry (Extension of Laws) Act, 1968 (26 of 1968), S. 3 and Sch" Pt. 1(1-8-1968); to Sikkim by S. 0.452 (E) published in Gaz. of Ind., 28-8-1975, Pt. II, Section 3 (ii), Ext., p. 1995, with effect from 16-5-1976 (S. 0. 1712/76). Rules & Regulations under the Act enforced in the State of Sikkim w.e.f. 16-6-1976 (G.S.R. 399(E)/76).
SECTION 01: SHORT TITLE
This Act may be called The All-India Services Act, 1951.
SECTION 02: DEFINITION
- In this Act, the expression "an All-India Service" means the service known as the Indian Administrative Service or the service known as the Indian Police Service,1[or any other service specified in Section 2A-].
SECTION 02A: OTHER ALL INDIA SERVICES
- With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be constituted the following All-India Services and different dates may be appointed for different services, namely:- 1. The Indian Service of Engineers (Irrigation, Power, Buildings and Roads); 2. The Indian Forest Service3; 3. The Indian Medical and Health Service.4]
SECTION 03: REGULATION OF RECRUITMENT AND CONDITIONS OF SERVICE
- (1) The Central Government may, after consultation with the Governments of the States concerned,5[including the State of Jammu and Kashmir]6[and by notification in the Official Gazette] make rules' for the regulation of recruitment, and the conditions of service of persons appointed to an All-India Service.
7[(1 A) The power to make rules conferred by this section shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.]
8[(2) Every rule made by the Central Government under this section and every regulation made under or in pursuance of any such rule, shall be laid as soon as may be after such rule or regulation is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in such rule or regulation or both Houses agree that such rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.]
All-India Services (Conduct) Rules, 1954, published in Gaz. of Ind., Extra, of 8-9-1954, Pt. I Sec. I, page 914.Indian Administrative Service (Probation) Rules, 1954-, ibid, page 893.Indian Administrative Service (Recruitment) Rules, 1954-, ibid, page 885.Indian Administrative Service (Regulation of Seniority) Rules, 1954-, ibid, page 907.Indian Police Service (Probation) Rules, 1954, ibid, page 897.Indian Police Service (Recruitment) Rules (1954), ibid, page 889.Indian Police Service (Regulation of Seniority) Rules, 1954, ibid, page 911.All India Services (Discipline and Appeal) Rules (1955)-Indian Police Service (Fixation of Cadre Strength) Regulation (1955)-All India Services (Provident Fund) Rules (1955)-Indian Foreign Services, Branch B (Recruitment, Cadre, Seniority and Promotion) Rules, 1954(amended by Second Amendment Rules, 1970, published in Gaz. of Ind., 1970. Pt. II, S. 3(i), p. 978).Indian Forest Service (Pay) Rules, 1968, published in Gaz. of Ind., 16-3-1968, Pt. II, S. 3(i), p. 492.All India Services (Confidential Rolls) Rules, 1970, published in G.I. 25-7-1970, Pt. II, S. 3(i), p. 2532.Indian Salt Service Recruitment Rules, 1970 G.I. 1970, Pt. II, S. 3(i), p. 1502.All-India Services (Death-cum-Retirement Benefits) Rules, 1958-, published in Gaz. ofind.. Extra, of 20-8-1958, Pt. II, S. 3(i), page 337. Amended, GSR 17(E) 1975.Indian Forest Service (Cadre) Rules, 1966, published in G. 1., 1-9-1966, Pt. II, S. 3(i), page 1557.Indian Forest Service (Recruitment) Rules 1966, ibid, page 1559.Indian Forest Service (Initial Recruitment) Rules, 1966, ibid, page 1561. Indian Forest Service (Appointment by Promotion) Regulation, 1966, ibid, page 2095.All India Services (Conduct) Rules, 1968-, published in Gaz. of Ind., 4-1-1969, Pt. II, S. 3(i), p. 2.Indian Medical and Health Service (Recruitment) Rules, 1969, G.I. 15-2-1969, Pt. II, S. 3(i), p. 565.Indian Medical and Health Service (Cadre) Rules, 1969, Ibid, p. 567. Indian Medical and Health Service (Initial Recruitment) Regulations, 1969, Ibid, p. 569.All India Services (Discipline and Appeal) Rules, 1969-, published in G. 1., 12-4- 1969, Pt. II, S. 3(i), p. 1021.All India Services (Dearness Allowance) Rules, 1972-(Amended by GSR 20 (E) 1975).Indian Forest Service (Regulation of Seniority) Rules, 1966published in G. 1., 16-3-1968, Pt. II, S. 3(i), p. 489.Indian Forest Service (Probation) Rules. 1968, published in G. 1., 18-5-1968, Pt. II, S. 3(i), p. 1012.Indian Statistical Service Rules, 1961(amended by GSR 1950, Dated 13-12- 1966).Central Health Service Rules, 1963(G.S.R. 787, D/- 1-5-1963).All India Services (Overseas Pay, Passages and Leave Salary) Rules, 1957 -Gaz. of Ind., 15-2-1957, Pt. II, S. 3, Ext. p. 545 (No. 68).All-India Services (Remittances into and Payments from Provident and family pension funds) Rules, 1958.All-India Services (Special Disability Leave) Regulations, 1957All-India Services (Study Leave) Regulations, 1960-All-India Services (Travelling Allowances) Rules, 1954-Indian Foreign Service Rules, 1954 G.I. 31-3-1954, Pt. II, S. 3, Ext. p. 527 (No. 74). Indian Forest Service (Appointment by Competitive Examination) Regulations, 1967. Indian Forest Service (Fixation of Cadre Strength) Regulations, 1966. Indian Forest Service (Probationer's Final Examination) Regulations, 1968. Indian Forest Service (Released Emergency Commissioned and Short Service Commissioned Officers) Appointment by Competitive Examination Regulations, 1968. Indian Police Service (Appointment by Competitive Examination) Regulations, 1955. G.I. 6-6-1955, Pt. II, S. 3, Ext. p. 1086 (No. 170). Indian Police Service (Appointment by Promotion) Regulations, 1955, G. I. 6-6-1955, Pt. II, S. 3, Ext., p. 1069 (No. 170).Indian Police Service (Cadre) Rules. 1954 Indian Police Service (Emergency Commissiomned and Short Commissioned Officers) (Appointment by Competitive Examination) Regulations, 1966.Indian Police Service (Recruitment) Rules, 1954Indian Police Service (Pay) Rules, 1954Indian Police Service (Probationer's Final Examination) Regulations, 1955, 1959, 1965 and 1968.Indian Police Service (Probationer's Final Examination) Regulations, 1969Indian Police Service (Special Allowances) Rules, 1977Indian Police Service (Uniform) Rules, 1954Indian Administrative Service (Appointment by Competitive Examination) Regulations, 1955, G.I. 6-6-1955, Pt. II, S. 3, Ext. p. 1069 (No. 170).Indian Administrative Service (Appointment by Promotion) Regulations, 1955- G. I.6-6-1955, Pt. II, S. 3, Ext. p. 1074, (No. 170).Indian Administrative Service (Appointment by Selection) Regulations, 1956-Indian Administrative Service (Cadre) Rules, 1954Indian Administrative Service (Emergency Commissioned and Short Service Commissioned Officers) (Appointment by Competitive Examination) Regulations, 1966 Indian Administrative Service (Fixation of Cadre Strength) Regulations, 1955. - G.I. 22-10-1955, Pt. II, S. 3, Exts. p. 2289 (No. 325). Indian Administrative Service (Probationer's Final Examination) Regulations, 1955 - G.I. 6-6-1955, Pt. II, S. 3, Ext. p. 1082 (No. 170).Indian Administrative Service (Seniority of Special Recruits) Regulations, 1960Indian Administrative Service (Special Recruitment) Regulations, 1956All India Services (Commutation of Pension) Regulations, 1959All India Services (Compensatory Allowances) Rules, 1954-All India Services (Condition of Service - Residuary Matters) Rules, 1960-All India Services (Extension to Jammu and Kashmir) Rules, 1959All India Services (House Building Advance) Rules, 1978-All India Services (House Rent Allowances) Rules, 1977-All India Services (Joint Cadre) Rules, 1972-All India Services (Leave) Rules, 1955- - G.I. 12-9-1955, Pt. II, S. 3, Ext. p. 1945 (No. 274).All India Services(Leave Travel Concession) Rules, 1975-All India Services (Medical Attendance) Rules, 1954-
SECTION 04: CONTINUANCE OF EXISTING RULES
- All rules in force immediately before the commencement of this Act and applicable to an All India Service shall continue to be in force and shall be deemed to be rules made under this Act,
1. Inserted by the All-India Services (Amendment) Act, 1963 (27 of 1963), S. 2 (6-9-1963).
3. All-India Forest Service constituted, w.e.f. 1-7-1966. Sec. G. I., 27-8-1966, Pt. II, S. 3(ii), p. 2447.
4. The Indian Medical and Health Service constituted w.e.f. 1-2-1969, See G. 1. 28-1-1969, Pt. II, S. 3(ii), Ext., p. 115.
5. Inserted by the All-India Services (Amendment) Act, 1958 (25 of 1958), S. 2 (3-9-1958).
6. Inserted, Amendment Act (19 of 1975), S. 3 (6-5-1975).
7. Sub-section (1A) inserted by Amendment Act (23 of 1975), S. 2 (9-5-1975).
8. Sub-section (2) substituted by Amendment Act (19 of 1975), S. 3 (6-5-1975).
ALL INDIA SERVICES (COMPENSATORY ALLOWANCE) RULES, 1954
In exercise of the powers conferred by sub-section (1) of Sec. 3 of the All India Services Act, 1951 (61 of 1951), the Central Government, after consultation with the Governments of the States concerned hereby makes the following rules, namely:-
RULE 01: SHORT TITLE
- These rules may be called the All India Services (Compensatory Allowance) Rules, 1954.
RULE 02: DEFINITIONS
- In these rules, unless the context otherwise requires.-
(a) "compensatory allowance" means an allowance granted to meet personal expenditure necessitated by the special circumstances in. which duty is performed, but it does not include dearness allowance, sumptuary allowance, or any other allowance which is regulated by separate rules made from time to time underthe All India Services Act, 1951 (LXI of 1951)-;
Explanation.- Rent free accommodation shall be treated as compensatory allowance for purpose of these rules.
(b) "Government" means in the case of a member of the Service serving in connection with the affairs of the Union, the Central Government, and in the case of a member of the Service serving in connection with the affairs of a State the Government of that State; and
2[(c) "member of the Service" means a member of an All India Service as defined inSec. 2 of the All India Services Act, 1951 (61 of 1951)-.l
GOVERNMENT OF INDIA'S DECISIONS : The relief of house rent given to certain members of the Service is in the nature of compensatory allowance. The grant of such relief is, therefore, entirely within the competence of the State Government under whom he is for the time being serving. [G.I. MHA Letter No. 2/59/55-AIS(1) dated 7th September. 1955.)
RULE 03: REGULATION OF COMPENSATORY ALLOWANCE
- The grant of a compensatory allowance admissible to a member of the Service and the conditions subject to which it may be granted shall be regulated by such general or special order of the Government under whom such member is for the time being serving as may from time to time be made by that Government.
RULE 04: INTERPRETATION
- If any question arises as to the interpretation of these rules, the Central Government shall decide the same.]
ALL INDIA SERVICES (DEATH CUM-RETIREMENT BENEFITS) RULES, 1958
In exercise of the powers conferred by sub-section (1) of Sec. 3 of the All India Services Act, 1951 (61 of 1951), the Central Government, after consultation with the Governments of the States concerned, hereby mates the following rules, namely:-
RULE 01: SHORT TITLE AND APPLICATION
-(1) These rules may be called the All India Services (Death-cum-Retirement Benefits) Rules, 1958.
(2)
(a) Subject to the provisions of Cl.. (b) of this sub-rule, they shall apply to all persons who retired from the service on or after the 29th October, 1951.
2[(b) They do not apply to those members of the Service who were promoted to the service from the State Services or were appointed to the Service underthe Indian Administrative Service (Extension to States) Schemeorthe Indian Police Service (Extension to States) Schemeand who, under order issued by the Central Government before the coming into force of those rules, were given an option in the matter of pension rules, by which they would be governed and who in exercise of that option, chose to be governed by the Superior Civil Services Rules, the Civil Service Regulations, or the pension rules of the State concerned, as the case may be: Provided that the members of the Service to whom these rules do not apply, and who were in service on the 1st January, 1964, may opt to be governed by these rules in accordance with such orders as may be issued by the Central Government in this behalf.] GOVERNMENT OF INDIA'S DECISIONS: (1) The Government of India decided to give option to certain categories of officers to elect the old Rules by which they were governed previously of the pension rules as applicable to officers of the Central Services Class I. The following categories of officers were accordingly given the option indicated against them. The option was to be exercised in writing and communicated to the Accounts Officer within the stipulated time-limit. The option once exercised was final. 2. The officers who elected to be governed by the pension rules as applicable to officers of the Central Services, Class-I, were subsequently brought under these Rules after they were
promulgated._______ SI.No. Category of officers Nature of option Time-limit Remarks
_______
1 2 3 4 5_______
1. State Civil Service To elect to be gover- 6 months from 1-8-1957 i.e. Where the officers officer of the erst- ned by rules 13 and 14 upto 31-1-1958; further have died without - while part A States of the Superior Civil extended upto 27-2-1959 on exercising option, the who were promoted Service Rules with the promulgation of these State Government to the IAS and who Special additional pen- Rules. may calculate which of retired before 7th sion benefits where- the two sets of Rules isJuly 1955. ever admissible or by more favourable and the rules applicable to the officers may be officers of the Central deemed to have opted Services, Class 1. for that set of Rules. 2. Officer of the erst- To elect to be gover- 6 months from 1-8-1957 i.e. Where the officers while Part B States ned by the rules which upto 31-1-1958; further have died without Vindhya Pradesh were applicable to extended upto 27-2-1959 on exercising option, the who were promoted them prior to their ap- the promulgation of these State Government may to the IAS and who pointment to the IAS Rules, calculate which of the retired before 7th or by the rules applica- two sets of ruleg is July, 1955. ble to officers of Cen- more favourable and tral Services, Class 1. the officers may be deemed to have opted for that set of Rules.43. Promoted IPS offi- To elect to be gover- Do. The cases of IPS offi- cers of :he erstwhile ned by rules 13 and 14 cers, who died before Part A and Part B of the Superior Civil 16th December, 1953 Stales who retired Service Rules with shall also be decided as before 16th special additional pen- above. December, 1953. sion benefits wherever admissibfe or by the rules applicable to officers of the Central Services, Class 1.54. I.P. officers who To elect to be gover- 6 months from 12-7-1958 Where I.P.S. officers have since become ned by the rules appli- i.e. upto 11-1-1959, further died without exer- members of the IPS cable to officers of the extended up to 8-11-1960 in cising or having an in accordance with Central Services, the case of officen who opportunity to exer- rule (3) (1) (a) of Class 1. retired on or after cise option to elect the IPS (Recruit- 17-4-1956 or may retire in to be governed by mem) Rules, 1954 future: and 6 months from these Rules, the State 1- 3-1960 i.e. upto 31-1-1960 Government may cat- in the case of officers who culate which of the two retired before 17-4-1956. sets of Rules is more favourable and the officers may be dee- med to have opted for that set of Rules.65. Officers who were To elect to be gover- 6 months from 12-7-1958 place in Lists, I, II ned by rules which i.e., upto 11-1-1959 and III by the Spe- were applicable to cial Recruitment them prior to their Board under the IAS appointment to the (Extension to States) IAS or by the rules Scheme and were ap- applicable, to officers pointed to the IAS. of the Central Services Class I.76. Members of the Ser- To elect to be gover- 3 months from 2-9-1959 vice who would have ned by the All IndM i.e" upto 1-12-1959 been confined pri- Seivice* (Deatb-WM- or to 21-10-1946 in Retirement Benefit*) the Indiu Police but Rulec,19S8. for the binoncuch confirmation.87. (i) Members of the To elect to be fover- 3 month* from 13-1-1961, seivice, who on 8-9- ned by the All India i.e" upto 12^-1961 54, were holdinf Services (Death-cum- subctantively licted Retirement Benefit*) port* in the Indian Rule*, 1958. Civil Service, other than poet in the judi- cialy. (ii) Memben of the Seivice who would have been confirmed prior to 21-10-1946 in the lifted poite in the Indian Civil Ser- vice but for the ban on iuch confir- mation.9(2) The Government of India have decided that, where death-®umretirement cratuity ha* been drawn under the Liberalued Pencion Rule* by an officer who
*ub®equently opted to be governed by the Old Peiuion Rule*, the gratuity amount lhall fint be off *et against any ancais of pension that may become due to him consequent on opting for Old Pension Rules. The remaining amount if any, may be recovered in one of the following methods. The officer concerned may also be given the option to elect for one of these two methods :- (i) the death-cum-retuement gratuity may be tecovered in one lump sum where this is possible or in such number of instalments as, in the opinion of the State Government will not put the officer to undue hardship subject to the condition that the number of such instalments does not exceed twelve. Where the amount is proposed to be recovered in instalments, a bond or other instrument may be taken from the officer binding himself and his heiis to refund the excess of death-cum-retirement gratuity recoverable from him; (ii) the death-cwn-retirement gratuity may be treated as the commuted value of pension and adjusted accordingly. This method will be applicable only to those officers who have not already commuted any portion of their pension or have commuted less than the permissible limit, viz., half of the annuity. Where an officer had already commuted to the extent of one- third and becomes eligible for commuting one-half of pension consequent on opting for Old Pension Rules, he need not be subject to a further medical examination. In the case of officers, who had not commuted any portion of their pension earlier the gratuity recoverable from them should be treated as automatic commutation of pension and the revised rate of pension reduced by the pension equivalent of gratuity as on age next birth day after retirement. They need undergo medical examination only in case they desire to commute their pension further. The amount that may become admissible may then be set off against the amount of gratuity already received by the officen and the balance, if any, recovered in one instalment. (2.2) Individual cases of hardship may, however, be referred to the Government of India as and when they arise.10(3) It has been decided to extend these rules to officers who retired/died before 29th October, 1951, but elected or are deemed to have elected these rules under the option given to them. It has also been decided that, in appropriate cases, provisions of article 487-A of the Civil Service Regulations may be applied, although these rules do not contain a similar provision.11(4) A question arose whether Indian Police Officers who elect to be governed by the All India Services (Death-cum-Retirement Benefits) Rules, 1958, had the right to retire under Premature Retirement Rules.Rule 30 of the All India Services (Death-cum-Retirement Benefits) Rules. 1958-, has replaced only the corresponding provisions in the Superior Civil Service Rules, the Civil Services Regulations etc., and not the Premature Retirement Rules. The above category of Indian Police Officers shall, therefore, retain the right to retire under the Premature Retirement Rules. In case of retirement under Premature Retirement. Rules the pension shall, however, be determined under those Rules, and not under the All India Services (Death-cum-Retirement Benefits) Rules, 1958.
RULE 02: DEFINITION
-(1) In these rules, unless the context otherwise requires :-
(a) "Accounts Officer" means such officer as may be appointed by the Comptroller and Auditor General of India;
12[(aa) "average emolumets" means the average of the emoluments drawn by amember of the Service during the last ten months* of his service:]
Note.-(i) If during the test ten months* of his service, a member of the Service has been absent on leave with allowances or having been suspended, has been reinstated without forfeiture of service, his emotuments for the purpose of ascertaining the average should be taken as what they would have been had he not been absent from duty or suspended. (ii) If during the last ten months* of his service a member of the Service has been absent from duty on leave without allowances (not counting of pension) or suspended under such circumstances that the period so passed does not count as qualifying service, the period of such leave or suspension shall be disregarded in the calculation of the average, an equal period before the ten months being included. (iii) In the case of a member of Service who, while on leave preparatory to retirement is confirmed in the higher post which he held in an officiating or temporary capacity before proceeding on such leave, his substantive emoluments in the higher post, which he would have drawn had he been on duty, shall be taken into account for the purpose of calculation of his average emoluments.14[(iii-a) the emoluments drawn by a member of the Service during the last ten months* of his service shall count for purposes of calculation of average emoluments only if the pay drawn during the said period is - (a) in a cadre post; and (b) in an ex-cadre post if. it is fully met out of the Consolidated Fund of either the Union or the State;]13[(iii-b) in the case of a member of the Service who was deputed to any foreign service post during the last 10 months of his service, the pay should be reckoned with reference to his entitlement in the Cadre or the pay which he would have drawn in a post under the Central Government, had he been on Central deputation. For this purpose, the certificate given by the State Government on whose cadre the member is borne regarding the pay the number would have drawn in the cadre or the certificate given by the Central Government regarding the pay he would have drawn in a post under the Central Government, had he not gone on foreign service, would be treated as sufficient.] (iv) Except as provided in Cls. (i), (ii), (iii), (iii-a) and (iii-b) above, only emoluments actually received shall be included in the calculation. For example, where a member of the Service is allowed to count time retrospectively towards increase of pay but does not receive retrospectively the intermediate periodical increments, these intermediate increments shall not be reckoned in the calculation of average emoluments. (v) Periods of joining time which fall within the last un months* of service of a member of the Service shall form part of the ten months for the purpose of average emoluments. (vi) Where the emoluments of a member of the Service have been reduced during the last ten months* of his service, otherwise than as a penalty, average emoluments may, at the discretion of Government, be substituted for emoluments for the purpose of calculation of the grautiy or death-cum-retirement gratuity admissible underrule 18-orrule 19-. (vii) In the case of a member of Service, who while officiating in a higher post proceeds on leave and retires or dies while on leave, the benefit of officiating or temporary pay for purposes of this clause and clause (bb) shall be given only if it is certified that the member of the Service would have continued to hold the higher officiating or temporary appointment but for his proceeding on leave. (b) "death-cum-retirement gratuity" means the lump sum granted to a member of the Service or his family in accordance withrule 19-;
16[(bb) 'Emoluments' means the pay that a member of the service was receiving before his retirement or death, as the case may be : Provided that in the case of a member of the Service retiring from Service within ten months of the date of coming over to the revised scales of pay, the emoluments27 ["Emoluments" for the purpose of calculation of retirement/Death Gratuity, means the pay and Dearness Allowance that a member of the service was receiving on the date of his retirement/death, as the case may be : Provided further that those who retire between the 1st day of January, 1996 and the 31st day of December, 1997 shall have an option to retain the pre-revised scales of pay and have their pension and death-cum-retirement gratuity calculated under the rules in force immediately before the 1st day of January, 1996. In such cases the term "Emoluments" shall mean the pay which the member of service was receiving before his retirement or death, as the case may be, and will include Dearness Allowance up to AICPI 1436 and Interim Relief I and Interim Relief II : Provided also that, in case of the persons who retain pre-revised scales (i.e. prior to the 1st day of January, 1996) and retire or die in harness subsequent to the 31st December, 1997, Pension, Retirement Gratuity, Death Gratuity and Family Pension, as may be relevant, shall be calculated in terms of relevant rules as effective from the 1st January, 1996. The 'emoluments' for calculation of pensionary benefits in their case shall be the basic pay in the pre-revised (i.e. prior to the 1st January, 1996) scale, plus Deamess Allowance as admissible up to CPI 1510 in terms of Ministry of Finance Office Memorandum No. 1(5)/96.E 11(B) dated the 20th March, 1996 appropriate to the basic pay plus two instalments of Interim Relief at the rates in force on the 31st December, 1995, appropriate to the said basic pay : Provided also that in the case of a member of service who opts for the revised scales of pay (with effect from the 1st January,1996) and retires within ten months from the date of coming over to the revised scale, basic pay for ten months period preceding retirement shall be calculated by taking into account, pay as follows:- (i) for the period during which pay is drawn in pre-revised scale - Basic pay plus actual Dearness Allowance and Interim Reliefs I and II appropriate to the basic pay at the rates in force on the 1st January, 1996 drawn during the relevant period; and (ii)for the period during which pay is drawn in revised scale - Basic Pay in the revised scale.]in respect of any period prior to coming over to the24["revised scales of pay as revised with effect from the 1st day of January, 1986."]shall include- (i) Pay other than special pay in the25["pre-revised scale of26["basic pay"] prior to the 1st January, 1986."]; (ii) Dearness allowance, additional dearness allowance and ad hoc dearness allowance appropriate to pay up to Cost of PriceIndex 608 actually drawn during the relevant period, and (iii) Interim relief appropriate to pay actually drawn during the relevant period;] (c) "gratuity" means the lump sum specified in17[sub-rule (1) ofrule 18-] which may be granted to a person retiring from the Service before completion of 10 years of qualifying service; 18[(cc) Indian Civil Service members of the Indian Administrative Service' means a person, who was initially appointed to the Civil Service of the crown in India known as the-Indian Civil Service and who subsequently became a member of the Indian Administrative Service;]
(d) "leave rules" meansthe All India Services (Leave) Rules, 1955;
19[(e) "leave with allowances" means leave other than extraordinary leave;]
20[(f) "Member of the Service" means a member of an All India Service as defined insection 2 of the All India Services Act, 1951 (61 of 1951);]
21[(g) 'Pay' means the amount drawn monthly by a member of the service as pay, other than special pay, against the post held by him at the lime of his retirement from service.]
(h) "pension" means the amount payable monthly underrule 18-to a person who has retired from the service, in recognition of the services rendered by him to Government;
22[(i) * * *]
(j) "retirement benefits" includes pension or gratuity and death-cum- retirement gratuity where admissible;
28Revised scales of pay" means the scales of pay introduced with effect from 1st day of January, 1996, unless specified otherwise.
(k) "schedule" means Schedule to these rules;
1[(l) * * *].
2[(m) "State Government" means the State Government on whose cadre the member of the Service was borne immediately before retirement or death and in relation to a member of an All India Service borne on a joint cadre, the joint cadre Authority.]
(2) All words and expressions used in these rules and not defined therein but defined inthe Pensions Act; 1871
(23 of 1871)orthe General Clauses Act, 1897 (10 of 1897), or in the Leave Rules shall have the meanings respectively assigned to them in the said Acts or in the said Rules.
GOVERNMENT OF INDIA'S DECISIONS: 1. Note (iii-b) below Cl. (aa) of role 2(1) provides that in the case of a member of the Service, who was deputed to any foreign service during the last ten months of his service, the pay should be reckoned with reference to his entitlement in the cadre. For this purpose a certificate given by the State Government would be sufficient. A question has been raised whether State Government can issue such a certificate with reference to an ex-cadre post. It has been decided in consultation with the Comptroller and Auditor General of India that the State Government can issue such a certificate with reference to a cadre post only. If a State Government issues such a certificate with reference to a cadre post having regard to the seniority of the officer, its validity cannot be questioned on the ground that the officer concerned never held such a post within the cadre or that there was no vacancy in the cadre during that period against which the certificate has been issued by the State Government.292. It has been decided that the additional charge allowance granted to a member of the All India Service underrule 9-B of the IAS (Pay) Rulesor the corresponding roles applicable to the IPS and IPS should be treated as pay for the purpose of calculation of pension.3. The Ministry of Finance (Department of Expenditure) have issued orders treating a portion of dearness allowance as pay for the purpose of calculation of retirement benefits in the case of Central Government servants, who retired on or after 30th September, 1977 vide their O.M. No. 19(4)-E.V./79, dated the 25th May, 1979 (copy annexed). The question of extending the above orders to members of All India Services, who retired on or after 30th September, 1977 has been considered. It has been decided that out of the dearness allowance admissible, the following amounts shall be treated as pay under sub-clause (iii) of Cl. (g) of sub-role
(1) of role 2 of AIS (DCRB) Rules, 1958, in the case of members of All India Services, who retired on or after 30th September, 1977 :-(a) Pay Range Amount of Dearness Pay (i) Upto Rs. 2157 27% of pay subject to a maximum of Rs. 243.00 (ii) Above Rs. 2157 and The amount by which pay falls short of upto Rs.2399 Rs. 2400.00 (b) In the case of officers drawing pay above Rs. 2180 and retiring on or after 1st December, 1978, the amount of dearness pay will be as follows in substitution of provisions of para 2(a) (ii) above:- Pay Range Amount of Dearness Pay (i) Above Rs. 2180 and Rs.220.00 upto Rs. 2380 (ii) Rs.2381 and upto The amount by which pay falls Rs. 2450 short of Rs. 2600.00(iii) Rs.2451 and upto Rs. 150.00 Rs.2500 (iv) Rs. 2501 and upto The unowit by which ply fill* Rs.2599 short of Rs. 2600 + Rs. 50 (v) Rs.2600 to Rs. 50 Rs.2650 (vi) Above Rs. 2650 NilOfficen dramag between R®. 2157 iKl Re. 2179 will continue to be nweroed by the provision* of pan 2 (a)(ii) above. The amount of deanes* pay a* indicated in pan 2 above, will be treated a* enoluinents under Cl. (bb)(ii) of sub-rule (1) ofrule 2-for calculating pemion and gntuitie*. However, tbeic will be no change in the
maximum amount of gntuity of Rs. 30,000.00 admissible underrule 19-or ia the minimum . emoluments of Rs. 2^00.00 per month that could be taken into account for computing DCR gntuity, as envisaged ia Note belowrule 19-. The amount of dearness pay as indicated in pan 2 above, will be taken into account for determining avenge emoluments as envisaged in sub-rule (1)((a) (i) In the case of officers One half of Dearness pay who retired between appropriate to the pay equal 30th September, 1977 to such avenge emoluments, and 28th February, 1978 shall be added to the avenge emoluments. (ii) In the case of officers who retired on or after 1st December, 1978 but not later than 30th April, 1979 and are governed by para 2(b) (b) (i) In the case of officers Full dearness pay appropriate who retired after 28th to the pay equal to such ave- February, 1978, and age emoluments shall be added to the average emolu- ments (ii) those who retired after 30th April, 1979 and are governed by pan 2(6) above.Pensions and gntuities of officeis who have already retired or died on or after the 30th September, 1977 shall be recalculated on the above basis, and arrears if any, paid subject to such adjustments as may benecessary. Officers who retired on or after 30th September, 1977, but not later than the 30th April, 1979, will have an option to chooce either of the two alternatives below:- (a) to have their pension and DCR Gntuity calculated on their pay excluding the element of Deamess Pay as indicated in pan 2 above in accordance with the rules in force on 30th November, 1977 and get gnded reliefs on pension to the full extent admissible from time to them; OR (b) to have their pension and DCR Gntuity re-calculated after taking into account the element of deamess pay. In such cases, the first four instalments of gnded relief sanctioned upto the avenge index level 272 wiU not be admissible; these pensioners will be entitled only to the instalments of gnded relief sanctioned beyond the avenge index level 272. The option will have to be exercised by 31st Janualy, 1980. The option once exercised will be final. In cases where the pensioner has died before exercising an option, the State Government/Accountant General will, on an application made to them, calculate the pension and death-cum-retirement gratuity on the existing basis as well as on the basis of merged portion of deaness allowance, and allow the more advantageous of the two to the persons entitled to receive the arrears of pension. Those who fail to exercise the option or make an application (in the case of death of a pensioner) within the stipulated period will be governed by para 4(b) above. Where the option is exercised in favour of the alternative (b) in para 4 above, the amount of graded relief paid in excess of that now admissible will be adjusted against the balance of D.C.R. gratuity payable or against the future payments of reduced amount of graded relief. These orders may be brought to the notice of All India Service officers, who retired on or after 30th September, 1977. These orders are issued with concurrence of Ministry of Finance (Department of Expenditure) vide their UO No. 4562-EV/79, dated 11th July, 1979. (4) The question of extending the orders contained in the Ministry of Finance O.M. No. F. 1(3)- E.V./82, dated 8th April, 1982 to members of the All India Services who retired on or after 31st January, 1982 has been considered and it has been decided that the orders of the Ministry of Finance treating a portion of additional dearness allowance as dearness pay in the case of Central Government servants should also be extended to members of the All India Services. Accordingly, it has been decided that out of the additional dearness allowance now admissible, the following amount shall be treated as pay under sub-clause (iii) of Cl. (g) of sub-rule (1) ofrule 2 of A-I.S.(DCRB) Rules, 1958-in the case of members of the Service who retired/retire on or after 31st January, 1982.Pay Range Amount ofdeamess pay (i) Pay up to Rs. 2037 15% of pay subject to a maximum of Rs. 120/- (ii) Pay above Rs. 2037 Rs. 370 including the amount of dearness allowance treated as dearness pay under this Department's letter No. 25011/15/79 AIS (II) dated 27th July, 1979.The amount of dearness pay as indicated in para 2 above, will be treated as emoluments under Cl. (bb) (ii) of sub-rule (1) ofrule 2-for calculating pension and gratuity. It is proposed to revise the ceiling of DCR Gratuity from Rs. 30,000 to Rs. 36,000 by suitably amendingrule 19(3)-. However, there will be no change in the maximum emoluments of Rs. 2500 p.m. that could be taken into account for computing DCR gratuity as envisaged in the note belowrule 19-. 4. The amount of dearness pay as indicated in para 2 above will be taken into account for determining average emoluments as envisaged in subrule (l)(ao) ofrule 2-for calculating pension except as indicated in paia 5 below. 5. In the case of officers who have already retired'on or after 31st January 1982 or may retire hereafter, but within ten months from that date, the ultimate average emoluments will be calculated as follows:(a) in the case of officers who retired/ One-half of dearness pay appropriate to retire between 31st January, 82 and the pay equal to such average emoluments 29th June, 82. as per para 2 above, shall be added to the average emoluments. (b) in the case of officers who retire Full dearness pay appropriate to the pay after 29th June, 82. equal to such average emoluments as per para 2 above, shall be added to the average emoluments.6. Officers who retired/retire on or after 31st January, 1982, will have an option to choose either of the two alternatives below :-(a) to have .both pension/service gratuity and DCR gratuity calculated on their pay without including the element of dearness pay indicated in pan 2 above, and get deaness relief on pension as for these governed under para 4(b) of this department's letter dated the 27th July, 1979. OR (6) to have both pension/service gratuity and DCR gratuity calculated after taking into account the element of dearness pay now being merged. In such cases, the pensioners will be entitled only to the instalments of dearness relief sanctioned beyond the average index level 320. 7. The option may be exercised within six months before retirement. Officers who have retired on or after 31st January, 1982 but before the issue of these orders, may exercise their option within six months from the date of issue of this order. The option once exercised shall be final. Those who fail to exercise the option within the stipulated period will be deemed to be governed by para 6(b) above. If a pensioner has died before exercising the option, the State Government/Accountant General shall calculate the pension and gratuity under both the options in para 6 above, and unction the more advantageous of the two. 8. Where the option is exercised in favour of the alternative (b) in para 6 above, the amount of dearness relief in. pension paid in excess of that now admissible will be adjusted against the balance of DCR gratuity payable or against the future payments of reduced amount of dearness relief. 9. These orders may be brought to the notice of all members of the service who retired/retire on or after 31st January, 1982. 10. These orders are issued with the concurrence of the Ministry of Finance (Department of Expenditure) vide their U.O. 1664-EY/82, dated 17th May, 1982.33(5) A case has arisen in which orders were issued by the Central Government reverting a member of an All India Service on deputation to the Central Government to his parent cadre, but instead of joining duty under the State Government, the member of the Service gave three months notice to the State Government under sub-rule (2) ofrule 16 of the All India Services (DCRB) Rules, 19S8-and applied to the Central Government for grant of leave co-terminus with the period of notice. This leave was granted by the Central Government and the officer proceeded on leave preparatory to retirement and retired from service on the expiry of the leave. A question was raised as to the emoluments for this leave period which should be taken into account for computing the average emoluments of this officer for the ten months prior to the date of his retirement from service for determining the retirement benefits admissible to him. 2. The matter has been carefully examined in
consultation with the Ministry of Law (Deptt. of Legal Affairs). The emoluments for the leave period in this case which should be taken into account for the purpose of computing the average emoluments of the last ten months of the service should be determined the manner laid down in Note 1 belowrule 2(1)(aa)-. In the present case though the Central Government has passed orders reverting the officer to his parent cadre, yet he did not assume charge of any post under the State Government and instead proceeded on leave preparatory to retirement sanctioned by the Central Government. Therefore, for the purpose of the above note, the emoluments for the leave period should be taken as what they would have been had he not been absent from duty from the post he was holding under the Central Government before he proceeded on such leave. 3. The aforesaid Note 1 belowrule 2(1)((aa)-provides a self-regulating procedure to determine the emoluments in such cases and does not call for the issue of a certificate either by the Central Government or by the State Government as to the emoluments which should be taken into account for computing the average emoluments in the circumstances mentioned in that Note. Keeping in view the position explained above, it has been decided that in the case of a member of an All India Services on deputation of the Central Government who takes leave in continuation of the deputation and retires at the end of the leave, it may be deemed that be would have continued to officiate in the post under the Central Government which he was holding immediately before proceeding on leave but for proceeding on such leave and accordingly his average emoluments should be determined for the purpose of calculation of retirement benefits.34
RULE 03: GENERAL CONDITIONS
- (1) Future good conduct of the pensioner is an implied condition of every grant of pension and its continuance.
(2) The Central Government may withhold or withdraw any pension or any part of it, for a specified period or indefinitely, on a reference from the State Government concerned, if after retirement a pensioner is convicted of a serious crime or be guilty of grave misconduct:35 [Provided that no such order shall be passed without consulting the Union Public Service Commission.]
(3) The decision of the Central Government on any question of withholding or withdrawing the whole or any part of the pension under sub-rule (2) shall be final.
RULE 04: LIMITATION
- A member of the Service cannot earn two pensions in the same office at the same time or by the same continuous service.
RULE 05: REMOVAL, DISMISSAL OR RESIGNATION FROM SERVICE
- (1) No retirement benefits may be granted to a person who has been dismissed or removed from the Service or who has resigned from the Service: Provided that, if the circumstances of the case so warrant the State Government may grant to a person who has been dismissed or removed from the service a compassionate allowance not exceeding two-thirds of the retirement benefits which would have been admissible to him if he had been invalidated and not dismissed or removed from the Service.
(2) Subject to the provisions ofrule 5A-, where a member of the service is required to retire or reisgn from the Service as a condition of bis appointment under a Statutory or other body, he shall be granted the retirement benefits to which he would have been entitled if he had been invalidated from the service and not resigned or retired.
GOVERNMENT OF INDIA'S DECISION : In the case of P.K. Gnanasundara Mudaliar V. State of Madras, the Madras High Court has held that when a Government servant is appointed as a Member or Chairman of the Public Service Commission, he ceases thenceforth to be in the service of the Government. The Government of India have accordingly reviewed the position in the light of the judgment under reference, and in superession of their letter No. 15/6/63-AIS(II), dated the 4th October, 1965, have decided that an officer of an All India Service on his appointment as Chairman or Member of a Public Service Commission shall cease to be a member of the Service from the date he assumes office in the Public Service Commission. His lien on the post held by him or in the cadre shall stand terminated. He shall also cease to be governed by the Rules framed underthe All India Services Actin the matter of pay, leave and pension, etc., which will be regulated in accordance with the regulations framed by the President/Governor, as the case may be, in terms of Article 318 of the Constitution. In order to ensure that the officer concerned does not stand to lose benefits of pension, leave and other service benefits, which had accrued to him as a member of an All India Service, prior to his appointment to the Public Service Commission the State Government may kindly take into consideration the following suggestions, while revising the relevant regulations:-(1) The officer concerned may be permitted to elect to draw his pension and other retirement benefits admissible to him under the All India Service (Death-cum-Retirement Benefits) Rules, 1958, or elect to count his service on the Commission as qualifying service for the purposes of pension under the All India Services (Death-cum-Retirement Benefits) Rules,provided the retirement benefits in the latter case will be subject to the overall ceiling of the amount of retirement benefits which the officer would have drawn, had he not been appointed to the Commission and continued in service. A time limit of six months from the date of his entering office on Service Commission, may be allowed to exercise this option and the option so exercised will be final. (2) If the officer elects to draw pension for the service as a member of an All India Service, his pay as Chairman or Member of the Commission may be reduced by the gross amount of pension and pension equivalent of the retirement benefits. He will also not be entitled to any other pension for the service as member/Chairman of the Public Service Commission. (3) Subject to the provisions of sub-para (2) above, the officer will be entitled to the pay of the post of Member/Chairman of the Public Service Commission as prescribed under the relevant regulations. It will also not be necessary to equate the post in Commission to a cadre post which he would have held as a member of an All India Service. Nor will the officer be entitled to claim benefits under the Next Below Rules, after assuming office in the Commission.36[(4) The Officer may be permitted to carry forward all the leave at his credit at the time of assumption of office in the Commission. Such leave and also the leave earned by him during his tenure in the Commission may be availed of by the officer before his retirement from the service of the Commission. No leave may be granted so as to extend the tenure of the officer in the Commission. The State Government may, however, make a provision in the State Public Service Commission Regulations to the effect that Chairman/Member, Public Service Commission shall be paid cash equivalent of leave salary in respect of unutilised portion of earned leave at his credit at the time of demitting office, on the lines of the provisions contained in regulation 7-A of the U.P.S.C. (Members) Regulations, 1969." (5) The officer may also be permitted to contribute to the Provident Fund under the relevant rules and also to cany forward his balance in the AIS Provident Fund to the new fund account.
RULE 05A: PERMANENT ABSORPTION OF MEMBERS OF THE SERVICE IN OR UNDER A CORPORATION, COMPANY OR BODY
37(1) Notwithstanding anything contained inrule 5-, a member of the Service, who has been permitted by the Central Government to be absorbed in service or post in or under a corporation or company wholly or substantially owned or controlled by the Central Government or in or under a body controlled or financed by the Central Government, shall be deemed to have retired from Service from the date of such absorption and shall be eligible to retirement benefits in accordance with the orders issued by the Central Government in respect of officers of Central Civil Services Group 'A'.
39[(2)* * * * *]
37[(3) A member of the Service referred to in sub-rule (1) shall not be governed by the provisions ofrule 22-or22B-as the case may be, if his family is entitled to family pension under the rules of the organisation in which he is permitted to get absorbed permanently.]
GOVERNMENT OF INDIA'S DECISION: It has been decided that the pay of an officer on reemployment after retirement in a public sector undertaking should be fixed in accordance with the Ministry of Finance (Bureau of Public Enterprises) O-M.No. 2(57)-68-BPE (GM), dated 23rd September, 1969.
RULE 06: RECOVERY FROM PENSION
- (1)14["The Central Government reserves to itself the right of withholding a pension or gratuity, or both, either in full or in part, whether permanently or for a specified period, and of ordering recovery from a pension or gratuity"] of the whole or part of any pecuniary loss caused to the Central or a State Government, if the pensioner is found in a departmental or judicial proceedings to have been guilty of grave misconduct or to have caused pecuniary loss to the Central or a State Government by misconduct or negligence, during his service, inchiding service rendered on reemployment after retirement
:43[Provided that no such order shall be passed without consulting the Union Public Service Commission:] Provided further that-
(a) such departmental proceeding, if instituted while the pensioner was in service, whether before his retirement or during his re-employment, shall, after the final retirement of the pensioner, be deemed to be a proceeding under this sub-rule and shall be continued and concluded by the authority by which it was commenced in the same manner as if the pensioner had continued in service;
(b) such departmental proceeding, if not instituted while the pensioner was in service, whether before his retirement or during his re-employment :
(i) shall not be instituted save with the sanction of the Central Government;
(ii) shall be in respect of an event which took place not more than four years before the institution of such proceedings; and
(iii) shall be conducted by such authority and in such place or places as the Central Government may direct and in accordance with the procedure applicable to proceeding on which an order of dismissal from service may be made;
(c) such judicial proceeding, if not instituted while the pensioner was in service, whether before his retirement or during his re-employment, shall not be instituted in respect of a cause of action which arose or an event which took place more than four years before such institution.
Explanation.- For the purpose of this rule :- (a) a departmental proceeding shall be deemed to be instituted when the charges framed against the pensioner are issued to him or, if he has been placed under suspension from and earlier date, on such date; and (b) a judicial proceeding shall be deemed to be instituted- (i) in the cae of criminal proceedings, on the date on which a complaint is made or a charge-sheet is submitted to .the criminal court; and (ii) in the case of civil proceedings, on the date on which the plaint is presented or, as the case may be, an application is made, to a civil court. 15["Note-1- Where a part of the pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount of rupees three hundred and seventy-five per mensern. Note-2- Where Central Government decides not to withhold or withdraw pension but orders recovery of any pecuniary loss from pension, the recovery shall not ordinarily be made at a rate exceeding one-third of the pension admissible on the date of retirement of the member of the service."]
(2) Where any departmental or judicial proceeding is instituted under sub-rule (1), or where a departmental proceeding is continued under clause (a) of the proviso thereto against an officer who has retired on attaining the age of compulsory retirement or otherwise,40[he shall be sanctioned by the Government which instituted such proceedings], during the period commencing from the date of his retirement to the date on which, upon conclusion of such proceeding, final orders are passed, a provisional pension not exceeding the maximum pension which would have been admissible on the basis of his qualifying service upto the date of retirement, or if he was under suspension on the date of retirement, upto the date immediately preceding the date on which he was placed under suspension; but no gratuity or death-cum- retirement gratuity shall be paid to him until the conclusion of such proceedings and the issue of final order thereon:41[Provided that where disciplinary proceeding has been instituted against a member of the Service before his retirement from service underrule 10 of the All India Services (Discipline and Appeal) Rules, 1969-, for imposing any of the penalties specified in Cls. (i), (ii) and (iv) of sub-rule (1) ofrule 6-of the said rules and continuing such proceeding under sub-rule (1) of this rule after his retirement from service, the payment of gratuity or Death-cum-Retirement gratuity shall not be withheld.]
(3) Payment of provisional pension mader under sub-rule (2) shall be adjusted against the final retirement benefits sanctioned to the pensioner upon conclusion of the aforesaid proceeding, but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or the pension is reduced or withheld either permanently or for a specified period.
1GOVERNMENT OF INDIA'S DECISIONS:46(1) The Government of India has decided that recovery from pension of the whole or part of any pecuniaiy loss caused to the Central or a State Government should not ordinarily be made at a rate exceeding one-third of the gross pension originally sanctioned, including any amount, which may have been commuted.The Ministry of Finance (Department of Expenditure) have issued orders in the case of Central Government servants to the effect that retired Central Government servants against whom departmental/judicial proceedings are pending underrules 65and74 of the C.C.S. (Pensin) Rules, 1972shall be sanctioned hundred per cent of the pension normally admissible to them as provisional pension vide their O.M. No. 4(1)-E (V) (A)/78, dated the 28th February. 1978, copy (annexed).472. Under sub-rule (2) ofrule 6 of AIS (DCRD) Rules, 1958, the Stale Government is competent to sanction provisional pension to an All India Service Officer against whom departmental/judicial proceedings under sub-rule (1) of this rule, arc instituted/continued by them and in cases where such proceedings arc instituted/continued by the Central Government, the Central Government is the competent authority to sanction provisional pension. The State Government may like to follow the instructions contained in the Ministry of Finance O.M., dated 28th Febuary. 1978. referred to above while granting provisional pension to All India Services Officers against whom departmental/judicial proceedings are instituted/continued by them. It has been deccided that the instructions contained in the said O.M. will be applied while dealing with the cases of All India Service Officers against whom departmental/judicial proceedings are initiated/continued by the Central Government.SUBJECT-Grant of provisional pension to retired Central Government servants against whom departmental or judicial proceedings are in progress. The undersigned is directed to refer to this Ministry's Office Memorandum No. 11(6)-'EV(A)/73 dated 22nd July, 1974 on the above subject (copy enclosed) in which it was clarified that the payment of provisional pension to the retiring Government servants against whom departmental/judicial proceedings had been instituted or are continued is mandatory underrules 65and74 of the Central Civil Services (Pension) Rules, 1972. It has been brought to the notice of this Ministry that in spite of this clarification provisional pension is not being authorised by some Heads of Offices where departmental/judicial proceedings are pending against a retiring Government servant. Since non-payment of the provisional pension causes avoidable hardship to such Government servants, and the Heads of Offices have no discretion in this matter, it is again emphasised that the provisional pension must be sanctioned in all such cases in accordance with the roles. Non-compliance with this rule will be viewed seriously by Government. 2.Rules 65and74inter alia provide that the provisional pension in such cases should not exceed the maximum pension which would have been admissible on the basis of the qualifying service upto the date of retirement of the Government servant. It has been reported that the discretion vested in the Heads of Offices by these rules which lay down the ceiling for provisional pension, is being used by them to pay less than hundred per cent of the admissible pension. The matter has been considered and it has been decided that even in cases covered by the above mentioned rules hundred per cent pesnion, which is otherwise admissible to the Government Servants should be authorised as provisional pension, as in cases of normal retirement. No gratuity shall however be paid at this stage. 3. The instructions contained in Office Memorandum No. 14(3)EV(A)/76. dated 28th February, 1976 that provisional pension will become final after six months if no otherwise finalised, will not apply to the provisional pension granted in cases where departmental or judicial proceedings arc pending. In these cases the pension can be finalised only after the proceedings are concluded and decision taken in the light of these proceedings.4. In so far as persons serving in the Indian Audit and Accounts Department are concerned these orders have been issued after consultation with the Comptroller and Auditor General of India.
RULE 07: COMPULSORY RETIREMENT AS A MEASURE OF PENALTY
-(1) A member of the Service who as a measure of penalty is compulsorily retired from the Service by the Central Government in accordance with the provisions ofthe All India Services (Discipline and Appeal) Rules, 1969-, may be granted retirement benefits on the basis of bis qualifying service on the date of Such compulsory retirement on the appropriate scales admissible underRules 18-and19-:2[Provided that, if the circumstances of the case so warrant, the Central Government after consultation with the Union Public Service Commission may direct that the retirement benefits shall be paid at such reduced scales as may not be less than two-thirds of the3 [retirement benefits underrules 18-and19-.]
4[(2) The family of a member of the Service who is compulsorily retired from the service as a measure of penalty shall be entitled to a family pension underrule 22-,22A, or22B, as the case may be. For the purpose ofrule 22-, the family pension shall be admissible for maximum period of five years from the date of compulsory retirement.]
GOVERNMENT OF INDIA'S DECISIONS :50The Government of India have decided that where, underrule 7-, it is proposed to pass an order, original, appellate or in exercise of powers of review, granting a pension less than the appropriate scales indicated inrule 18-, the Union Public Service Commission should by convention be consulted before the order is passed.
RULE 08: QUALIFYING SERVICE
- (1) Unless provided otherwise in these rules, qualifying service of a member of the Service for purposes of these Rules begins from the date of his substantive appointment to the Service:
Provided that in the case of a member of the Service appointed initially on probation the period of probation shall also count as qualifying service.
(2) Any period of service under the Central or a State Government rendered by a member of the Service prior to his appointment to the Service shall count as qualifying service under these rules to the extent to which such service would havecounted as qualifying service for pension under the rules applicable to him prior to his appointment to the Service provided that the service is otherwise continuous :56[Provided that temporary or officiating service, followed without interruption by confirmation in the same or another post, shall count in full as qualifying service except in respect of periods of temporary or officiating service in non-pensionable establishment.]
Explanation.- For the purposes of this rule- (1) Leave of any kind or suspension followed by reinstatement does not constitute a break. (2) Service under a State Government includes the service rendered before migration into India as a result of the partition in States which have since become part of Pakistan, breaks in service, if any, caused at the time of such migration due to reasons beyond the control of the member of the Service may be condoned by the State Government but the period of break or breaks will be ignored in determining the total length of qualifying service.
57[(2A) The period of service rendered under an autonomous body, wholly or substantially owned or controlled by the Central Government and taken over by it, by a member of the Service who left' the service of that body at any time prior to its take- over by the Central Government and who later on joined Government Service with or without break, shall count as qualifying service for pension under these rules to the extent and subject to the conditions under which such service is counted as qualifying service for pension underthe Central Civil Services (Pension) Rules, 1972or under any orders issued by the Central Government in this behalf.]
58[* * *]
(4) A member of the Service who rendered59[war military service,] before his appointment to an All India Service shall count that service as qualifying service to the extent to which such service is counted as qualifying for pensions underthe Central Civil Services (Pension) Rules, 1972or under any orders that might be issued by the Central Government in this behalf.
60[(5)
(a) A member of the Service who, prior to his appointment to the Service, held a post in the General Administrative Reserve or a post under Government on a contract basis, shall have the option to count the period of his service in such post in full as qualifying for pension under these Rules. Provided that such service is otherwise continuous and that he did not draw inflated rates of pay by reason of the absence of etirement benefits.
(b) The option under Cl. (a) shall be exercised within a period of three months from the 31st December, 1962 or within three months from the date of appointment to the Service, whichever is later. The option, once exercised, shall be treated as final.
(c) Where a member of the Service exercises the option to count his previous service in the General Administrative Reserve or on contract basis, the amount of Government contributions with interest thereon standing to his credit in anycontributory provident fund to which he might have been admitted shall be surrendered andl61[credited to the Consolidated Funds of the Constituent States, in such proportion as may be prescribed by the Joint Cadre Authority] while the amount of his own subscriptions to .that fund, if not already withdrawn, together with interest thereon, shall be transferred to his account in the All India Service Provident Fund : Provided that in a case where the Government contributions have already been paid to the member of the Service, he shall be required to refund them with interest from the date of payment to the date of final refund in a suitable number of instalments, to be prescribed by the State Government.
62[(6) A member of the Service who prior to his appointment to the Service held a post under Government carrying contributory provident fund benefits shall have the option to count as qualifying service the whole of the period of his service in such a post during which he actually subscribed to the contributory provident fund. The option under this sub-rule shall be exercised within a period of three months from the 31st December, 1962 or within three months of appointment to the Service, whichever is later. The option once exercised shall be final. Where a member of the Service exercises the option, the amount of Government contribution together with interest thereon standing to his credit in that fund shall be surrendered and credited to the .Consolidated Fund of the State on whose cadre he is borne while the amount of his own subscriptions to that fund if not already withdrawn, together with interest thereon, shall be transferred to his account in the All India Services Provident Fund: Provided that in a case where the Government contributions have already been paid to the member of the Service, he shall be required to refund them with interest in a suitable number of instalments to be prescribed by the State Government.]
(7) Foreign service rendered by a member of the Service shall count as qualifying service provided that contributions towards the cost of retirement benefits of the member of the Service, at such rates as the Central Government may prescribe from time to time have been paid either by the foreign employer, or, failing that, by the member of the Service himself, in respect of the entire period of foreign service, unless the payment of contributions have been waived by Government.
(8) 'Authorised Joining Time' availed of by a member of the Service shall count as qualifying service.
63[(8A) A member of the Service, who had participated in the national movement and who entered Government service by availing himself of the concession of relaxation of age in terms of the Ministry of Home Affairs office Memoranda No. 15/21/48-Ests, dated the 29th November, 1948 and No. 6/1/51-NGS, dated the 14th February, 1951 or corresponding orders, if any issued by the State Government in this regard, shall be allowed to add to his qualifying service, only for superannuation pension purpose, a period not exceeding one-fourth of the length of his service or the actual period by which his age at the time of recruitment exceeds 25 years, a period of 5 years, whichever is the least.]
1[(9) The qualifying service shall be calculated in six monthly periods. A fraction of less than three months shall not be taken into account and any period between three months and six months shall be treated as a six monthly period in calculating the total quailing service.]
2[NOTE.- A member of the service who was not entitled to receive the Government's share of the contribution in the Contributory Provident Fund in respect of any service rendered prior to his appointment to the Service, on the ground that he did not put in the minimum period of service under the rules of the said Fund, shall be deemed to have opted for counting that service as qualifying for pension under sub-rules (5) or (6) of this rule. But the Government's contribution to the Contributory Provident Fund, together with interest accrued thereon shall be transferred to the accounts of the State on whose cadre he is borne and that State shall bear the pensionary liability for the said service.]
GOVERNMENT OF INDIA'S DECISIONS:64(1) The Government of India have decided that the rates of position contributions, in respect of officers of the All India Services on foreign service in or out of India, shall be the same as those applicable to officers of the Central Services, Class 1, viz., the rates which are laid down in Appendix 11-A in Volume-II of the A.G.P. & T"s Compilation of the Fundamental and Supplementary Rules.65(2) It has been decided to extend the period within which option under sub-rules (5) and (6) should be exercised, upto 31st October, 1963.
66(3) A member of the Service, prior to his joining the Service, was serving in the Ministry of Defence on contract basis, according to the terms of which he was entitled to bonus. It was decided in his case that his previous service might be treated as temporary contract service, although he was not entitled, to any contributory provident fund benefits for the same, and counted as qualifying service to the extent of3[half] under sub-rules (2) and (5) subject to his refunding to Government the bonus that he had drawn, together with interest thereon from the date of payment to the date of final refund. The position has since been modified to the extent indicated in the revised sub-rule (2-A) (a) ofrule 8-
.67(4) These rules do not contain any provision corresponding to article 423 of the Civil Service Regulations. Deficiencies in qualifying service of members of the Service cannot, therefore, be condoned.(5) The Government of India have decided that members of the service, who were appointed against vacancies which arose after 31st December, 1947, shall be allowed to count the war service rendered by them during the Second World War, by itself, or in conjunction with other, military service, towards civil pension to the extent to one-half. If however, the whole or any portion of such service satisfies the conditions laid down in Article 356 of the Civil Service Regulations, that portion of the service may be allowed to count in full towards civil pension, subject to the provisions of that article. The grant of concession is also subject to the following conditions, namely:- (i) The officer concerned should not have earned a pension under the military rules in respect of the service in question; (ii) In the case of service or posts in respect of which a minimum age is fixed for recruitment, no military or war service rendered below that age, shall be allowed to count for pension. (iii) 'War Service' rendered in the Armed Forces of India and rendered in similar Forces of a Commonwealth country shall be allowed to count alike for pension and no contribution towards, or shareof, pension earned as a result of this concessions shall be claimed from the foreign Government concerned. (iv) No refund if bonus or gratuity paid in respect of this 'War Service' shall be demanded from the Officer concerned. If, however, the officer has been granted any retirement gratuity for service covering both the war and post-war period, such gratuity shall be refundable. If any portion of the service is allowed to count towards civil pension under Article 356 of the Civil Service Regulations, whole of the gratuity received in lieu of pension (but not that portion given as a reward for war service) will have to be refunded by the officer concerned; and1 [(v) * * * *]71(5.2) The Government of India have also decided that in case where an officer is entitled in respect of the "war service" rendered between 3rd September, 1939, and 1st April, 1946, to the concession on under Art. 357-C or Art. 357-D of the Civil Service Regulations, he may either avail himself of the concession under paragraph 1 above in respect of the whole of his military service, including 'War Service' or count the service rendered during the war period for civil pension under Article 357-C or Article 357-D as the case may be, and the remaining service rendered before or after the war period to the extent of one-half of that service. If, however, in the latter case the officer concerned has rendered any military service pensionable under the military rules and satisfying the condition laid down in Article 356 of the Civil Service Regulations, before or after the war period, but did not earn a pension by his 'War Service' in conjunction with his military service, he shall be allowed to count it in full on his refunding an amount of gratuity which shall bear the same proportion to the total amount of gratuity received in lieu of pension as the period deal with under article 356 bears to the total period of military service including the period of war service.(6) A question arose whether sub-rules (3) and (4) would apply to State Service officers appointed to the Service against the promotion quota and whether proviso to sub-rule (2) could not be relaxed in the case of war service in view of the fact that there was generally break between war service and subsequent Civil Service. Sub-rule (3) would apply only in those cases where the officer have been appointed against war reserved vacancies which arose for direct recruitment before 1st January, 1948. It would not therefore apply to State Service officers appointed to the Service against the promotion quota. War service in their cases is to be regulated in accordance with sub-rule (4) read with Government of India's Decision (5) above.72 (6.2) As regards sub-rule (2), it would apply to military service as distinguished from and not rendered in conjunction with, war service, to which sub-rules (3) and (4) apply. In the case of military service, that counts as qualifying service under sub-rule (2), the conditions of such service being continuous cannot be relaxed.73(7) A question arose whether the previous qualifying service of Uttar Pradesh State Services Officers, who were promoted to the Indian Administrative Services, should be regulated by sub-rule (2) or sub-rule (6), in view of the fact that they held pensionable posts under the State Government carrying Contributory Provident Fund benefits. It was decided in the case that their previous pensionable service automatically counted as qualifying service under sub-rule (2) and as such it was not necessary to invoke the provisions of sub-rule (6).(8) These, rules do not contain a provision for condonation of breaks, within State Service. Further, sub-rule (2) provides that previous service shall count as qualifying service under these rules provided the service is otherwise continuous. A question was, therefore, raised whether the State Government were competent to condone breaks within State Service of a member prior to his appointment to the Indian Administrative/Police Service.75(8.2) The continuity referred to in sub-rule (2) is not continuity within State Service but continuity between State Service and the Indian Administrative/Police Service. Breaks within State Service, to which the rules do not apply, can, therefore, be condoned, provided State Pension Rules permit condonation of such breaks.76
(9) The I.N.A. Service, which has been recognised by the Ministry of Defence for the purpose Of pension and gratuity shall be treated as Military Service/War Service and shall count as qualifying service to the extent and subject to the conditions stipulated in sub-rule (4).(10) A doubt was raised whether only the enlisted or commissioned war service, rendered in military capacity could be regulated under sub-rule (4).77(10.2) Sub-rule (4) does not make any distinction between the war service in military capacity and civil capacity. In view of this, the Government of India have decided that even the service of a civilian officer paid from Defence Estimates, which has been declared as 'war service' in certain circumstances should be regulated under sub-rule (4).78(11) Under sub-rule (2), the service rendered by an officer under the 'Central or a State Government shall count as qualifying service for purposes of pension etc. to the extent admissible under the rules applicable to him prior to his appointment to the Indian Administrative/Police Service, as they stand on the date of his retirement from the Service. In other words, the service rendered by him prior to his appointment to the Indian Administrative/Police Service shall be treated according to the Pension Rules of the Central or the State Government, as the case may be which were applicable to him prior to such appointment and as arc in force at the time when he retires from service.79(12) The Government of India have held that the proviso to sub-rule (2) ofrule 8-applies also to a case where an AIS officer befort his appointment to the Service, had held one or more posts in a temporary capacity including service as a probationer (without being confirmed in any of them) followed by his appointment to the IAS/IPS and eventual confirmation in it. This is subject to the other conditions laid down in the said proviso.80(13) The Government of India have held that "War Service Candidates' are persons who had rendered during the World War II satisfactory paid wholetime enlisted or Commissioned "War Service" between the 3rd September, 1939 and the 1st April, 1946 by itself or in conjunction with other military service in the Armed Forces of India or similar forces of a Commonwealth country which did not earn a service pension under the Military, Naval or Air Force Rules. Service in the Civil Defence Department during World War II has also been treated as "War Service" vide Ministry of Finance OM No. F. 3(8)- EVA/62, dated 18th May, 1962.81(14) The Government of India held that under sub-rule (2) ofrule 8-, the service rendered by an officer under the Central or State Oovemment shall count as qualifying service for purposes of pension etc., to the extent admissible under the rules applicable to him prior to his appointment to the Indian Administrative Service/Indian Police Service. In other words, the services rendered by him prior to his appointment to the IAS/IPS shall be treated according to the Pension Rules of the Central or the State Government concerned as the case may be, which were applicable to him prior to such appointment and as are in force at the time when he retires from service.82(15) The Government of India have decided that the orders contained in the Ministry of Finance O.M. No. F. 3(29)-EV(A)/64, dated the 3rd June, 1965 (Annexure-A) will apply to the All India Services Officers governed bythe AIS (DCRB) Rules, 1958by virtue ofrule 8(4)-.83(16) It has been decided that the temporary or officiating service including service as a probationer mentioned in the Government of India Decision No. 12 belowRule 8-refers not only to service under the State Government but also to service under the Central Government.84(17) In partial modification of the instructions contained in Department of Personnel & AR letters No. 25011/48/78-AIS (II), dated the 6th November, 1978 and 26th
April, 1979 it has been decided to lay down the following procedure for verifying the service rendered by a member of an All India Service on completion of 20 years of service:- (i) States where accounts have not been separated from Audit or the simplified procedure of payment of salaries to Gazetted Officers, as in Central Government has not been introduced.- It will be the responsibility of the Accountant General to verify the service rendered by a member of an All India Service on completion of 20 years of Service and communicate the result of verification to the officer concerned. (a) In States where Accounts have been transferred from Audit or where accounts have not been transferred, but the simplified procedure of payment of salaries to Gazetted Officers, as in the Central Government, have been introduced.- It will be the responsibilities of the State Government/Union Territory Administration to verify the service rendered by a member of the service on completion of 20 years of service, in consultation with the Accountant General concerned, if found necessary and communicate the result of verification to the officer concerned.85(18) According to the provisions contained in sub-rules (2) to (6) ofrule 8 of the All India Services (DCRB) Rules, 1958-, service rendered by a member of an All India Service before his appointment to the service under the Central Government or a State Government will count as qualifying service for pension subject to the fulfilment of the conditions laid down therein. Requests have been received from a few members of the Indian Administrative Service for counting the service rendered by them under the Central Government and/or a State Government before their appointment to the IAS as qualifying service for pension. Underrule 8- approval of the Central Government is not necessary for counting the previous service rendered by a member of the service as qualifying service for pension, provided the conditions laid down therein are satisfied. In such cases the Government of the State on whose cadre the officer is borne/the Accountant General concerned, will have to take necessary action in consultation with the Central Ministry/Department or the State Government concerned, if the officer had worked under the Central Government or another State Government, as the case may be, before joining the All India Service, to count such service as qualifying service for pension underrule 8-. The State Governments were, requested that in future requests made by members of All India Services for counting the previous service rendered by them as qualifying service underrule 8- need not be fowarded to the Central Government; the State Government themselves may process such cases in consultation with the authorities concerned and issue necessary orders. If any clarification is required or condonation of break in service is involved a reference may be made to the Department of Personnel & ARS in the case of members of the Indian Administrative Service, the Police Division of the Ministry of Home Affairs in the case of members of the Indian Police Service and the Department of Agriculture in the case of members of the Indian Forest Service.86
(19) It has been provided in the Department of Personnel & AR letter No. 13/27/74-AIS (II), dated 17th January, 1975 (copy annexed) that the terms of deputation of a member of an All India Service who is serving in connection with the affairs of a State and who is deputed to public sector undertakings etc. controlled by the Central Government should be issued by the Ministry/Department of the Central Government which is administratively concerned with that organisation in consultation with the State Government or Joint Cadre Authority on whose cadre the officer is borne. A doubt was raised whether in such cases the pension/leave salary contributions in respect of the officer should be paid by the organisation to the Central Government or to the State Government on whose cadre the officer is borne. It has. been clarified that 'in all cases where a member of an All India Service is deputed for foreign service under a public sector undertaking etc. owned or controlled by the Central Government, the pension/leave salary contributions should be paid to the State Government on whose cadre the officer is borne.I am directed to say that a question has been raised as to who should be the competent authority to issue the terms and conditions of deputation of a member of an All India Services serving in connection with the affails of a State and who is deputed to a public sector undertaking and other organisations controlled by the Central Government. 2. The terms of deputation of an officer, deputed on foreign Service, are normally issued by the lending authority, in consultation with the borrowing authority. In the case of the All India Services, however,the All India Services (Leave) Rules, 1955,the All India Services (Conduct) Rules, 1968andthe All India Services (Discipline and Appeal) Rules, 1969-provide that a member of an All India Services whose services are placed at the disposal of a company, corporation etc. by the Central Government or the Government of a State shall, for the purpose of these rules, be deemed to be a member of the Service serving in connection with the affairs of the Union or in connection with the affairs of that State, as the case may be. By virtue of the provision contained in these rules, if the terms of deputation of a member of an All India Service, deputed to a public sector undertaking controlled by the Central Government are issued by a State Government, 'Government' in his case will be the State Government concerned. It is, however, only proper that such a member of the Service should be under the control of the Central Government for the purposes of these Rules. In view of this, the terms of deputation of a member of an All India Service who is serving in connection with the affairs of a State and who is deputed to a public sector undertaking etc. controlled by the Central Government should be issued by the Ministry/Department of the Central Government which is administratively concerned with that organisation in consultation with the State Government or Joint Cadre Authority on whose cadre the officer is borne.87(20) Requests from members of Indian Administrative Service for counting the service rendered by them under the Ministry of Railways before their appointment to the Indian Administrative Service as qualifying service for pension were hitherto being processed in his Department. Recently, when such case was referred to the Ministry of Railways, (Railway Board) for verifying the service rendered by the officer in the Railways, that Ministry advised that particulars of service rendered by a Railway Service Probationer, who is subsequently appointed to an All India Service, might be got verified from the Railway concerned direct by the State Government. Such service with the Railways could be counted as qualifying service for pension without consulting the Ministry of Railways (Railway Board). In view of this, it is requested that in future, the requests made by All India Service officers for counting the service rendered by them in the Railways before their appointment to the All India Services as qualifying service for pension need not be referred to the Central Government. In such cases the State Government may request the Railway concerned to verify the service rendered by the officer in the railways and if the railway certifies that the service rendered by the officer under it would have counted as qualifying service for pension under the Railway Service Rules applicable to him prior to his appointment to the All India Services, such service may be reckoned, as qualifying service for pension underrule 8(2)-provided there is no break in his service. In case there is a break in his Railway Service or if there is any doubt whether or not a particular spell of service will qualify for pension, then a reference may be made to this Department in the case of members of the Indian Administrative Service, Police Division of the Ministry of Home Affairs in the case of members of the Indian Police Service and Department of Agriculture in the case of members of the Indian Forest Service.88(21) The question of regulating the period of foreign service of members of All India Services, who are permitted to go on foreign service to the developing countries of Asia, Africa, and Latin America, for the purpose of pension, has been under the consideration of this Department. It has been decided that members of All India Services who are permitted to go on deputation to these countries by registering their names in the Foreign Assignment Section of the Department of Personnel and A.R. will be governed by the orders contained in the Ministry of Finance OM No. 1(14)-E.III (B)/71, dated, the 13th December, 1971, the 7th January, 1974 and No. 1(14)-E. 111(B)/76, dated the 7th December, 1976. The period of foreign service rendered by members of the service who are deputed for assignment to developing countries under the Indian Technical and Economic Cooperation Programme of the Ministry of External Affairs will be regulated for the purpose of pension, in accordance with the orders issued by the Ministry of External Affairs. Members of All India Services, who are deputed for service under the International Organisations like the I.M.F., I.B.R.D., etc., or the Commonwealth and the U.N. Secretariat or other United Nations Bodies, such as Secretariat, will be governed by the orders contained in the Department of Personnel & A.R. Letters No. 25011/4/75-AIS (II), dated the 26th September, 1975 and No. 25011/52/76- AIS(II), dated the 2nd March, 1977.(22) The period of foreign service of members of All India Services with International Organisations like the U.N. Secretariat, Commonwealth Secretariat, etc., for a period of five years or more, shall be regulated as follows :- (1) Members of the All India Services sent on deputation to the International Organisations like United Nations Secretariat or other United Nations Bodies, the International Monetary Fund, the International Bank of Reconstruction and Development, the Asian Development Bank or the Commonwealth Secretariat, on a tenure of five years or more may at their option:- (a) pay the pension contributions in respect of their foreign service and count such service as qualifying for pension under these rules; or (6) avail of the retirement benefits admissible under the rules of the aforesaid Organisation and not count such service as qualifying for pension under these rules: Provided that where a member of the service opts for cl. (b) the retirement benefits accrued to him under the United Nations Rules will be payable in rupees in India and pension contribution, if any, paid by him shall be refunded to him.89(2) In the case of officers who opted for cl. (b) ofrule 1-and who rejoin Government on the expiry of the foreign service with the United Nations Organisations the retirement benefits sanctioned by the United Nations will not be payable concurrently with the salary from the Government but will be credited to the revenues of the Government of the State concerned, under intimation to the concerned Accounts Officer, so that suitable record could be kept in the service record of the officer, of the amounts received from the United Nations authorities. This amount will be paid to the officer concerned along with other pensionary benefits when he finally retires from the service of the Government. For the purpose a provision should be made for such payments under the relevant head of account, for the respective year.90(23) In continuation of the Department of Personnel and A.R. letter No. 25011/4/75-AIS (II), dated the 26th September, 1975 reproduced as Government of India Decision No. 22 belowRule 8 of the All India Services (Death-cum-Retirement Benefits Rules, 1958)-. It has been decided, in consultation with the Ministry of Finance (Deptt. of Expenditure), that the decision contained in their O.M. No. 8(5)-E 111/79, dated the 8th April, 1981 (copy annexed), dated the 8th April, 1981 will also apply to members of All India Services sent on deputation to U.N. Bodies and the Commonwealth Secretariat.SUBJECT :-Deputation of Central Government Servants of foreign service with U.N. Bodies-participation in the U.N. Pension Fund Scheme. The undersigned is directed to invite a reference to this Ministry's O.M.No. F 1(16)-E. III (B)/66, dated the 5th November, 1966 on the subject mentioned above and to state that the question of allowing interest on the amount of retirement benefits received in lump sum and deposited with the Government of India by the officers deputed on foreign service with U.N. Organisations has been under consideration for some time on receipt of a number of representations in this regard. The President is now pleased to decide that interest may be paid, as for deposits under G.P.F. Accounts, in respect of such amounts including the amounts, which were deposited by the Government servants who had served the U.N. Bodies in the past and which are at present lying with the Government even in respect of the past periods commencing from the date the deposits have been made. 2. In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders are issued after consultation with the Comptroller and Auditor General of India.91(24) The manner in which the period of foreign service of members of All India Services with International Organisations like U.N. Secretariat, etc., or Commonwealth Secretariat, for a period of less than five years, should be regulated for the purpose of pension, has been under the consideration of the Central Government. It has been decided that the orders contained in the Ministry of Finance OM No. 1(4)-E. III(B)/76, dated the 20th November, 1976 should apply to members of All India Services also.SUBJECT :-Deputation of Central Government Servants of foreign service with U.N. Bodies-participation in the U.N. Pension Fund Scheme. The undersigned is directed to invite a reference to this Ministry's Office Memorandum No. P. 1(16)-E.III(B)/66 (Part II) dated the 4th June, 1971 on the subject mentioned above. Under this Office Memorandum, officers of the Central Services deputed to foreign service with International Organisations like the United Nations Secretariat, Pood and Agriculture Organisation, International Labour Organisation, etc., on a tenure of one year or more shall be allowed to join the United Nations Joint Staff Pension Fund as full members and the payment of retirement benefits accruing under the Regulations and Rules of the United Nations Joint Staff Pension Pund will continue to be regulated by the conditions laid down in this Ministry's Office Memorandum No. P. 1(16)E-111-(B)/66 dated the 5th November, 1966 (copy enclosed). 2. UnderArticle 29 of the Regulations and Rules of the United Nations Joint Staff Pension Fund, retirement benefits shall be payable to a participant whose age on separation is sixty years or more and whose contributory service was five years or longer. Under Art. 30 of the said Regulations and Rules, an earlier retirement benefits shall also be payable to a participant whose age on separation is at least 55 but less than 60 years and whose contributory service was five years or longer. Under Article 31 a deferred retirement benefits shall be payable to a participant whose age on separation is less than sixty years and whose contributory service was five years or longer. It will be observed from the aforesaid provisions that a contributory service of five years or longer is a sine qua non for eligibility for retirement benefits under the aforesaid Regulations and Rules. Accordinglyrule 31 of the Central Civil Service (Pension) Rules, 1972as amended by the C.C.S. (Pension) (Sixth Amendment) Rules, 1975 provides that a Government servant deputed on foreign service for a period of five years or more to the United Nations Secretariat or other United Nations Bodies, the International Monetary fund, the International Bank of Reconstruction and Development or the Asian Development Bank or the Commonwealth Secretariat may, at his option pay the pension contribution in respect of his foreign service and count such service as qualifying for pension underthe C.C.S. (Pension) Rules, 1972or avail of the retirement benefits admissible under the rules of the aforesaid Organisations and not count such services as qualifying for pension underthe C.C.S. (Pension) Rules, 1972. If the Government servant opts to avail of the retirement benefits under the rules of the aforesaid Organisations the retirement benefits shall be payable to him in India in rupees in accordance with the provisions of this Ministry's Office Memorandum No, P. 1(16)-E.III(B)/66 dated 5th November, 1966. 3. The question of regulating the cases of Government servants deputed on foreign service to the Organisations mentioned in the preceding paragraph for one year or more but less than five years has been considered in this Ministry in the light of the provisions of Article 32 of the Regulations and Rules of the United Nations Joint Staff Pension Pund under which a withdrawal settlement would be admissible to a participant whose age on separation is less than sixty years or if he is sixty or more on separation but is not entitled to a retirement benefits under Articles 29, 30 and 31 referred to in para 2 above. This withdrawal settlement consists of his own contributions if the contributory service of the participants was less than five years. The President is pleased to decide, in partial modification of this Ministry's Office Memorandum No. F. 1(16)-E.III(B)/66 (Part II) dated the 4th June, 1971 that a Government servant who is deputed on a foreign service for a period of one year or more but less than five years to the United Nations Secretariat or other United Nations Bodies, the International Monetary Pund, the International Bank for Reconstruction and Development, the Asian Development Bank or the Commonwealth Secretariat and who will not be entitled to retirement benefits under the Regulations and Rules of the aforesaid Organisations, will pay pension contributions monthly to the Government of India at the rates prescribed from time to time by the President under F.R. 116. On conclusion of foreign service, he may be allowed to receive from the foreign employer withdrawal benefits as may be admissible under their Rules. 4. While what has been stated in para 3 above would apply to officers who are entitled to only "withdrawal" benefits (as opposed to full retirement benefits) those who would be entitled to full retirement benefits under the Rules and Regulations of these organisations would be governed byrule 31 of the C.C.S. (Pension) Rules, 1972. In case they opt for availing of the retirement benefits admissible under the Rules and Regulations of the International Organisations (in which case their service in that Organisation will not qualify for pension under Government) the payment of the retirement benefits in case they return to Government service will be governed by the orders of 5th November, 1966. Pension contributions, if any, made to Government of India by officer, will be refunded to him. 5. These orders will also apply to officers who are already on deputation to the aforesaid Organisations. They will, however, have the option of paying pension contributions to Government to count the period of foreign service for the purposes of pension or to continue on their existing terms under which they are not required to pay pension contributions. The officers would be required to exercise options within three months from the date of issue of these orders and those who opt to pay pensions contribution for the past period can be allowed to pay pension contributions for the said period in monthly instalments not exceeding 12 along with contribution for the current period. 6. In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders are issued after consultation with the Comptroller and Auditor General of India. Copy of Office Memorandum No. F. 1(16)-E.II (B)/66, dated the 5th November, 1966, Ministry of Finance, Department of Expenditure. SUBJECT :-Deputation of Central Government Servants on foreign service with United Nations Bodies-Participation in the U.N. Pension Fund Scheme. According to the Ministry of Home Affairs' Office Memorandum No. 2/52/53-AIS(I), dated the 24th August, 1953, read with this Ministry's Office Memorandum No. 1(47)-E.IV (A)/60, dated the 18th October, 1960, officers of All India Services and Central Services deputed on foreign service to International Organisations like the United Nations Secretariat/Food and Agriculture Organisation/International Labour Organisation, etc., are eligible to join the United Nations Joint Staff Pension Fund only as Associate Participants where the period of foreign service is one year or more but less than five years. They are not allowed to become full members, when the period of foreign service exceeds five years. The question of permitting such officers to become full members has been under the consideration of Government. The President is now pleased to decide as follows :- 2. Officers of Central Services deputed on foreign service to United Nations Secretariat and other United Nations Bodies shall be allowed to join the United Nations Join Staff Pension Fund as full members. During the period of foreign, service, no payment of pension contributions will be made to the Government of India by or on behalf of the officer. This period will not count for purposes of calculation of pension under the Government. The officers will be eligible .for the benefits due to him from the Organisation concerned under their rules for the period in question. In case the officer does not rejoin Government but retires from Government service while serving with the United Nations Organisation, his pension under the Government rules will be calculated on the basis of service rendered by him under Government. In case he rejoins and serves for another spell under Government, the pension admissible under Government rules will be calculated on the basis of the total of his earlier and later periods of service under Government. 3. The retirement benefits accruing under the United Nations rules will be payable to the officers in Rupees in India. In the case of officers who rejoin Government on the expiry of the foreign service with United Nations Organisations the retirement benefits sanctioned by the United Nations will not be payable concurrently with the salary from the Government but will be credited to the revenues of the Government of India by credit to "XLVIII-Contributions and recoveries towards pension and other Retirement Benefits" under intimation to the Accounts Officer in the case of Gazetted Officers, and to the Heads of the Department in the case of non-gazette.d officers, so that a note could be kept in the service records of the officers concerned of the amount received from the United Nations authorities. This amount will be paid to the officer concerned along with his other pensionary benefits when he finally retires from the service of the Government of India, the provisions in the year concerned being made for the payment of this amount under '65 Pensions and Other Retirement Benefits etc.' 4. Orders contained in this Ministry's Office Memorandum dated the 18th October. 1960 referred to in the opening para will continue to apply in respect of associate participants. 5. Separate orders will be issued in respect of All India Services Officers. 6. In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders are issued after consultation with the Comptroller and Auditor General of India. ANNEXURE 'A' The Government of India for some time past have had under consideration the question of counting the service rendered in the Indian National Army towards civil pension by persons now holding civilian posts. They fall into the following three categories):- (1) Persons who were holding civil posts before joining the Indian National Army and have been reinstated in the same post. (2) Persons who were holding civil posts or were members of the regular Indian Armed Force before joining the Indian National Army and have been re-employed in some other civil posts, (3) Persons who joined the Indian National Army from the general public or from the Armed Forces and have subsequently been absorbed in civil posts. The president has been pleased to decide that the service rendered in the Indian National Army by the persons of the aforesaid categories may be treated as 'war-service' for the purpose of counting it towards civil
pension in terms of Article 357-C and 357-D of the Civil Service Regulations and this Ministry's Office Memorandum No. F.11(15)/EV/56, dated the 5th August, 1958 as amended from time to time. 2. The service in the Indian National Army referred to in the preceding para will be admitted on the basis of a certificate issued by the administrative authorities to the effect that the claim is genuine and correct. The adminsitrative authorities will give such certificates after verification of documents or collateral evidence etc., produced by the persons concerned. In the case of persons belonging to category (iii) the production of adequate proof like documents relating to their enrolment in the Indian National Army should be insisted upon along with the collateral evidence for their having been in that Army. 3. In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders have been issued after consultation with the Comptroller and Auditor General of India.92(25) In accordance with the instructions contained in Ministry of Defence's letter No. 5324/Gen/Org. 3 (Records (d)/411D (Pension/Service), dated the 19th January, 1963, the verification of war/military services of All India Services officers has to be done by the State Governments from the appropriate military authorities. The result of the verification, along with the relevant particulars of the case, should then be forwarded to the Accountant General concerned for making necessary entries in the History of Service. Wherever, there is doubt whether or not a particular period of war/military service rendered by an All India Service officer counts for pension a reference should be made to the Ministry of Home Affairs.
RULE 08A: ADDITION TO QUALIFYING SERVICE ON VOLUNTARY RETIREMENT
-(1) The qualifying service as on the date of intended retirement of a member of the Service retiring under sub-rule (2) or sub-rule (2-A) ofrule 16-shall be increased by the period not exceeding 5 years subject to the condition that the total qualifying service rendered by him does not in any case exceed 33 years and it does not take him beyond the age of superannuation.
(2) The weightage upto 5 years under sub-rule (1) shall not be admissible in the case of a member of the Service who is retired from Service in public interest by the Central Government under subrule (3) ofrule 16-.
RULE 09: COUNTING OF PERIODS OF LEAVE AS QUALIFYING SERVICE
-94[(1) All periods of leave with allowances and extraordinary leave granted on the basis of medical certificate shall count as qualifying service : Provided that the Central Government may, in any case in which it is satisfied that the extraordinary leave was taken by a member of the Service for any cause beyond the control of such member or for prosecuting higher scientific and technical studies, direct that such extraordinary leave shall be counted as qualifying service.]
(2) Leave granted by foreign employer to a member of the Service while on foreign service out of India under sub-rule (1) ofrule 27 of the Leave Rules-shall be treated as leave and not as duty and shall qualify for pension subject to the provision of sub-rule (1).
RULE 10: COUNTING OF PERIOD OF DEPUTATION OR LEAVE OUTSIDE INDIA FOR PURPOSES OF QUALIFYING SERVICE
-(1) Where a member of the Service is deputed out of India on duty, the whole period of his absence from India on such deputation shall count as qualifying service.
(2) Where a member of the Service on leave out of India is employed, or is detained on duty out of India after the termination of his leave, the period of such employment or detention shall count as qualifying service : Provided that the periods of deputation converted into leave shall count for purposes of qualifying service as leave and not as deputation.-
(3) Time spent on journey to India by a member of the Service who is recalled to duty before the expiry of any duty sanctioned leave out of India counts as qualifying service.
RULE 11: PERIODS NOT QUALIFYING AS SERVICE FOR PENSION
-The following periods of service of a member of the Service do not count as qualifying service for pension :-
95[(1) Time passed by a member of the Service under suspension unless, on conclusion of the disciplinary proceedings, he has been fully exonerated or the suspension is held to be wholly unjustified : Provided that where a member of the Service has not been fully exonerated in the disciplinary proceedings or the suspension has not been held to be wholly unjustified, the period of suspension shall count as qualifying service only to such extent and in accordance with such directions as the competent authority may issue underrule 5-,5A-or5B of the All India Services (Discipline and Appeal) Rules, 1969-.
(2) Leave other than leave which counts as qualifying service underrule 9-.
(3) Unauthorised absence in continuation of authorised leave of absence or joining time.
RULE 12: CONDONATION OF INTERRUPTION IN SERVICE
- (1) In the absence of a specific indication to the contrary in the service records of a member of the Service, an interruption between two spells of service, rendered by him after his appointment to the service shall be treated as automatically condoned and the pre-interruption service treated as qualifying service except in a case where interruption is caused by resignation, dismissal or removal from service.
(2) In a case falling under sub-rule (2), (5) or (6) ofrule 8-, where service rendered by a member of the Service under a State Government or or the Central Government prior to his appointment to the Service is counted as qualifying service under the said rule and an interruption in service is inevitable due to the two appointments being at different stations, such interruption not exceeding the joining time permissible under the rules of transfer, shall be treated as automatically condoned.
(3) In a case where war or military service is counted as qualifying service for pension under subrule
(4) ofrule 8-, the interruption if any, in such service as well as any interruption between such service and subsequent civil service shall be treated as automatically condoned.
(4) The period or periods of interruptions referred to in sub-rules (1) to (3) shall not count as qualifying service.]
RULE 13: INVALID GRATUITY OR PENSION
-(1) Where the Government has reason to believe that a member of the Service is suffering from
(a) a contagious disease; or
(b) a physical or mental disability which in its opinion interferes with the efficient discharge of his duties, it may direct him to undergo medical examination with a view to retire him from service on invalid gratuity or pension, as the case may be. A member of the Service also may, if he feels that he is not in a fit state of health to discharge his duties, apply to the Government for retirement on invalid gratuity or pension as the case may be.
(2) An invalid gratuity or pension and death-cum-retirement gratuity where admissible shall be granted to a member of the Service who having appeared under the direction of the Government or on his own application before a duty, constituted Medical Board, is certified that Medical Board, by bodily or mental infirmity, to be permanently incapacitated for further service.96[The family of a member of the service who retires or is retired under this rule shall be entitled to the benefits of the family pension as laid down inrule 22-or22B].
97[(2A) Notwithstanding anything contained in sub-rule (2), relief against rise in the cost of living index shall be granted to every such member of the Service at such scales and in such manner as may be prescribed by the Central Government from time to time for officers of the Central Civil Services, Class-1.]
(3) The medical certificate of incapacity shall be attested :
(a) if the member of the Service is on leave out of India, by a Medical Board to be convened for the purpose by the Indian Mission in the country in which the member of the Service is on leave;
(b) in other cases, by the Medical Board to be convened by the Chief Administrative Medical Officer of the State in which the member of the Service is on duty or on leave. The Chief Administrative Officer, shall, wherever practicable, preside over such a Board.
(4) Save where he is on leave out of India no member of Service shall apply for a medical certificate of incapacity and no such certificate shall be granted unless-
(a) the applicant produces evidence to show that the Government is aware of his intention to appear before the Chief Administrative Medical Officer; and
(b) the Chief Administrative Medical Officer is informed about the age of the applicant as recorded in his history of services and is supplied with a statement of the leave taken by him during the three years immediately preceding and of the history of the medical case and the treatment adopted as far as possible.
(5) If the Medical Board, although unable to discover any specific disease in the member of the Service, considers him in capacitated for further service by general debility while still under the age of98[fifty eight years], it shall give detailed reasons for its opinion. Wherever possible a second medical opinion shall in such cases be obtained.
NOTE.- In a case of this kind statement giving the grounds on which it is proposed to invalid a member of the Service shall be forwarded to the Medical Board by the Government under whom he is serving.
(6) A certificate that inefficiency is due to old age or natural decay from advancing years shall not be deemed to be sufficient for retiring a member of the Service on invalid gratuity or pension.
(7) The Medical Certificate shall be in the form set forth in Schedule 'C'.
RULE 14: RESTRICTIONS ON THE GRANT OF INVALID GRATUITY OR PENSION
- (1) A member of the Service who is discharged from the Service on ground other than those specified inrule 13-shall have no claim in invalid gratuity or pension or death-cum-retirement gratuity even though he produces medical evidence of incapacity for Service.99[Nor will his family, be entitled to the benefits of the family pension.]
(2) If the incapacity is directly due to irregular or intemperate habits, no invalid gratuity or pension or death-cum-retirement gratuity shall be granted to a member of the Service. If it has not been directly caused by such habits but has been accelerated or aggravated by them it shall be for the Central Government to decide what reduction, if any, shall be made on this account in the retirement benefits otherwise admissible.
NOTE.- (1) The mere fact that a member of the Service has suffered from syphilis, taken by itself, is not sufficient to bring his case under the operation of this rule. (2) Unsoundness of mind caused by drug habits shall be taken as sufficient to bring his case under the operation of this rule.
(3) The expression "irregular or intemperate habits" occurring in this rule refers to incapacity on account of drug habits or on account of disease resulting from moral habits. Cases where incapacity was due to other causes e.g. work at irregular hours during war and after, due lo exigencies of service and not due to own volition, do not come under the purview of this rule.
RULE 15: RETIREMENT FROM SERVICE OF A MEMBER OF THE SERVICE IN CERTAIN CASES AND GRANT OF LEAVE
-(1) A member of the Service who has been declared by a Medical Board to be permanently incapacitated for further service shall, if he is on duty, be invalided from service from the date of relief which shall be arranged without delay on receipt of the report of the Medical Board or, if he is granted leave under sub-rule (2), on the expiry of such leave: Provided that if he is on leave at the time of receipt of the report of the Medical Board, he shall be invalided from service on the expiry of that leave or extension of leave, if any, granted to him under sub-rule (2).
(2) A member of the Service in respect of whom a Medical Board has reported that there is no reasonable prospect of his ever being fit to return to duty, may not be granted leave except as follows :-
(a) If the Medical Board is unable to say with certainty that the member of the Service will never again be fit for service, leave not exceeding 12 months in all may be granted to him. Such leave shall not be extended without further reference to a Medical Board.
(b) If a member of the Service has been declared by the Medical Board to be completely and permanently incapacitated for further service, leave or an extension of leave may be granted to him after the report of the Medical Board has been received, provided that the amount of leave so granted, together with any period of duty beyond the date on which the Medical Board signed their report, shall not exceed six months.
100GOVERNMENT OF INDIA'S DECISIONS : It has been held that retirement of a member of an All India Service on invalid pension is not automatic on the expiry of six months from the date on which the Medical Board signed the certificate declaring him to be permanently incapacitated for further service; Government will have to issue an order retiring such an officer from service on invalid pension and the order cannot have retrospective application.
RULE 16: SUPERANNUATION GRATUITY OR PENSION
-108(1) A member of the Service shall retire from the service with effect from the afternoon of the last day of the month in which he attains the age of sixty years: Provided that a member of the Service whose date of birth is the first day of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of sixty years: Provided further that a member of the Service dealing with budget work or working as a full-time member of a Committee which is to be wound up within a short period may be given extension of service for a period not exceeding three months in public interest, with the prior approval of the Central Government.
104[Explanation.-For the purposes of this sub-rule, a member of the Service whose date of birth falls on the 1st day of any month shall have attained the age of fifty-eight years on the afternoon of the last day of the preceding month:]
10515["Provided also that a member of the Service who has attained the age of fifty-eight years on or before the first day of May, 1998 and is on extension in service, shall retire from the service on the expiry of his extended period of service or on the expiry of any further extension granted by the Central Government in public interest, and that no such extension in service shall be granted beyond the age of sixty years.".]101
(1A) Notwithstanding anything contained in sub-rule (1), the Central Government may, if it considers necessary in the public interest so to do, give extension in service to the Cabinet Secretary in the Central Government for such period as it may deem proper, subject to the condition that the total term of the incumbent of the post of the Cabinet Secretary, who is given such extension in service, does not exceed two years.
102[(2) A member of the Service may, after giving at least three months' previous notice in writing, to the State Government concerned, retire from service on the date on which such member completes thirty years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice : Provided that no member of the Service under suspension shall retire from service except with the specific approval of the State Government concerned.]
103[(2A) A member of the Service may, after giving three months' previous notice in writing to the State Government concerned, retire from service on the date on which he completes 20 years of qualifying service or any date thereafter to be specified in the notice : Provided that a notice of retirement given by a member of the Service shall require acceptance by the State Government concerned if the date of retirement on the expiry of the period of notice would be earlier than the date on which the member of the Service could have retired from service under sub-rule (2):
Provided further that a member of the Service, who is on deputation to a corporation or company wholly or substantially owned or controlled by the Government or to a body controlled or financed by the Government, shall not be eligible to retire from service under this rule for getting himself permanently absorbed in such corporation, company, or body.]
104[(3) The Central Government may, in consultation with the State Government concerned and after giving a member of the Service at least three months' previous notice in writing,105[or three months' pay and allowances in lieu of such notice] require that member to retire in public interest from service on the date on which such member completes thirty years of qualifying service or attains fifty years of age or on any date therafter to be specified in the notice.
106[NOTE 1 : In computing the period of three months' notice referred to in sub-rules (2), (2-A) and (3) the date of service of the notice and the date of its expiry shall be excluded.
NOTE 2 : In the case of a member of the Service, who retires under sub-rule (2) or (2- A) or who is retired under sub-rule (3), the date of retirement shall be treated as a non-working day.]
107[(4) A superannuation gratuity or pension shall be granted to a member of the Service who is required to retire under sub-rule (1) of this rule.]
GOVERNMENT OF INDIA'S DECISIONS : (1) A question was raised whether underrule 16 (3)-the State Government have no power to initiate action for retirement of an AIS officer who has completed 30 years of qualifying service or has attained the age of 50 years. The Government of India have held that the State Governments are free to initiate action and suggest the compulsory retirement in public interest of AIS officers who have put up 30 yearsof qualifying service or have attained the age of 50 years after giving them three months' notice in writing. The recommendations of the State Government in these matters would be given due consideration.109 (1.2) According torule 16(3)-, the orders in each case would need to be issued by the Central Government but the formal Notification giving effect to the above orders would be issued by the State Government.110(2) It has been decided that a notice under sub-rule (2) ofRule 16-, addressed to the Central Government can be treated as valid as defect in the notice is only formal, and in the absence of a prescribed form, endorsing a copy of the notice amounts to addressing the notice.111(3) It has been decided that Government can serve notice of retirement of a member of an All India Service even before he attains the age of 50 years or has completed 30 years of qualifying service subject to the condition that the actual retirement takes place after he has attained age of 50 or has completed 30 years of qualifying service.112(4) It has been held that there is no bar to issue orders underrule 16(1)-granting extension of service to a member of the Service with retrospective effect.113(5) Under sub-rule (2) ofrule 16-retirement of a member of the Service becomes effective on the expiry of three months' notice given by him, unless he is under suspension. Once the notice period begins to run, it may not be open to the Government a unilateral act of suspension to prevent the running of the three months' period. In other words, a member of the Service, who has given notice for voluntary retirement under the aforesaid rule will retire from service on the expiry of the period of the prescribed three months even if he is placed under suspension after he gave notice. However, as provided in the Explanation belowrule 6(1)-a departmental proceedings in items of the aforesaid rule shall also be deemed to have been instituted against the pensioner on the date he was placed under suspension. In view of this, if a member of the Service is placed under suspension after he gives notice for retiring from service voluntarily, the benefit of the limitation contained in Cl. (b) (ii) of the proviso torule 6(1)-will not be available to him, and departmental proceeding under this rule for reduction of his pensionary benefits can be initiated against him, even after the date of his retirement, for a misconduct committed by him while in service, although such proceeding may be in respect of an event which took place more than four years before the institution of such proceedings.115(6) It has been decided to lay down the following procedure for processing proposals for the grant of extension of service/re-employment to members of All India Services beyond the age of superannuation:-
Extension of Service.-The Ministry/Department of the Government of India, which proposes to grant extension of service to an All India Service officer beyond the age of superannuation, should obtain concurrence of the Government of the State on whose cadre the officer is borne (Joint Cadre Authority if the officer is borne on a Joint Cadre) and the Cadre Controlling Authority, nammely, Department of Personnel and A.R. in the case of IAS Officer, Police Division of the Ministry of Home Affairs in the case of IPS officers and the Department of Agriculture in the case of IFS officers, before submitting the proposal to the Appointments Committee of the Cabinet. After obtaining approval of the A.C.C. the administrative Ministry/Department should request the State Government concerned, under intimation to the Cadre Controlling Authority to issue orders under proviso torule 16(1) of All India Service (D.C.R.B.) Rules, 1958-, extending the service of the member of the service concerned, which the State Government alone are competent to issue. Re-employment.- The Ministry/Department of the Government of India, which proposes to re- employ a retired All India Service officer should consult the Government of the State on whose Cadre the officer is borne (Joint Cadre Authority if the officer is borne on a Joint Cadre). Thereafter, the administrative Ministry should refer the proposal to the Cadre Controlling Authority for its concurrence before submitting the case to the A.C.C. Subject to the above, the grant of extension in service/re-employment to All India Service officers beyond the age of superannuation will be governed by the criteria and procedure laid down in the Department of Personnel & A.R's OM No. 26011/1/77-Est. B, dated 18th May, 1978.116(7) The criteria and procedure laid down in the Ministry of Home Affairs O.M. No. 26/11/68-Est. B, dated the 17th June, 1969 (since replaced by the DP & AR OM No. 26011/1/77-Estt. B, dated the 18th May, 1978) are strictly followed while granting re-employment/extension of service to All India Service officers under the Central Government . It is suggested that these instructions may be kept in mind by the State Government while deciding cases of re-employment/extension of service to All India Service officers under them.Subject: Grant of extension/re-employment of Central Government employee beyond the age of superannuation-Issue of consolidated instructions The instructions on the grant of extension of service/re-employment to Central Government employees beyond the age of superannuation have been issued by the Ministry of Home Affairs (the Department of Personnel and Administrative Reforms) from time to time over a period of years starting from 1945 onwards. The existing instructions, being spread over a number of memoranda, have been summarised and given below in a consolidated form. The age of retirement of different categories of Central Government employees has been laid down in the Fundamental (Amendment) Rules, 1975 notified vide Notification No. 7(7)-EV(A)74, dated 7th February 1975 of the Ministry of Finance (Department of Expenditure). On attaining the age indicated in the above rules, retirement is automatic and in the sense of specific orders to the contrary by the competent authority a Government servant must retire on the due date. The date of superannuation of a Government servant is known in advance and ordinarily there should not be the question of failure to make arrangements for his release sufficiently in advance. It is the responsibility of the administrative authority concerned to ensure that the Government servants under their control so retire. It would be appreciated that in each case of extension or re-employment, it is not only the next man who misses promotion but often several people miss consequential promotions, all along the hierarchical strata. Thus, one person getting re-employment/extension means deferment of promotion for six or seven persons. Too many cases of extension in service or re-employment are to cause frustration and affect the morale of the staff in general. Keeping in view these circumstances the following criteria and procedure have been evolved with a view to ensure that extension/re-employments of superannuated officers are resorted to only in really exceptional circumstances. The procedure indicated in the following paragraphs should also be followed by the Ministries/Departments in regard to posts in statutory/autonomous bodies and Public Sector Undertakings the initial appointments to which are required to be made by or with the approval of the President/Central Government. Ministries/Departments of the Government of India should bring to the notice of the autonomous bodies the instructions mentioned herein and request them to consider whether similar principles should not be adopted by them for other appointments. 1. CRITERIA FOR EXTENSION/RE-EMPLOYMENT (1) No proposal for extension of service/re-employment beyond the age of superannuation should ordinarily be considered. (2) Extension of service/re-employment can be justified only in very rare and exceptional circumstances. Even in such cases, 60 years of age should be the deadline for non-scientific/nontechnical posts and 62 years in the case of scientific/techinical personnel. This should not be construed to mean that extensions of service/re-employment can be granted to non-scientific /nontechnical personnel upto the age of 60 years and to scientific/technical personnel upto the age of 62 years more or less as a matter of course. The over riding consideration for the grant of extension of service/re-employment is that it must be clearly in the public interest and in addition satisfy one of the following two conditions:- (i) that other officers are not ripe enough to take over the job; or (ii) that the retiring officer is of outstanding merit. Test (i) would be satisfied only if there is shortage in a particular specialisation, or it is not possible to final suitable successor or if the officer is engaged on a work or project of vital importance which is likely to produce results in a year or two. If officers in the next lower post are not eligible for promotion on the ground that they have not put in the minimum service in the lower grade prescribed under the rules, no pomotions can be made to the higher grade, unless such officer put in the requisite length of service. But officers who are eligible for promotion to the post against which extension/reemployment is recommended, should not be rejected solely on the ground that they do not have as much experience as the retiring officer. They should be considered for promotion according to the recuritment rules and if they are found suitable they shou.ld be promoted to the posts being vacated by the retiring officer. Test (ii) would not be satisfied by the mere fact that the specialist (e.g. a scientific or technical officer) is fit in all respect or is otherwise able to discharge effectively they are not eligible for promotion on the ground that they have duties of the post held by him. (3) No extension of service/re-employment should be considered on the ground that a suitable successor is not available unless it is established that action to select a successor had been taken well in advance, but the selection could not be finalised in time for justifiable reasons. (4) A proposal for the grant of extension of service/re-employment based merely on the consideration that the officer's predecessor had been given extension/re-employment should obviously not be accepted. (5) Honorary appointment in Public Sector Undertakings in the case of honorary appointments, e.g. appointments on the Board of Directors of Public Sector Undertakings, the
limit may be 65 years provided the appointment is really honorary and does not carry any substantial remuneration. (6) Appointments of retired officers even in honorary posts of Chairman and Members of the Board of Management including the Managing Director and the Financial Adviser (if the Finanical Adviser is a member of the Board of Management) or any State Government owned corporation, company or enterprise or of various Public Sector Undertakings should not, as a general rule, be proposed for the approval of the Appointments Committee of the Cabinet. However, where the Administrative Ministry/Department consider that there are exceptional circumstances which would justify the appointment of a retired officer, a detailed justification should be given for the consideration of the Appointment Committee. (7) Criteria for higher officers.- While making proposals for extension of service/re-employment in higher posts, it is all the more necessary to apply higher standards of efficiency to person whose appointments to the higher posts are recommended for approval of an Appointments Committee of the Cabinet. The number of top posts is bound to be very limited and a few persons should not have them for too long. VI. CENTRAL GOVERNMENT EMPLOYEES WHO TOOK PART IN NATIONAL MOVEMENT : Persons who took part in the National Movement and were thereby prevented from the availing themselves of the normal opportunities for- entry into Government service has been granted age concessions in the matter of entering into Government service [vide MHA's Office Memorandum No. 15/21/48-Estt, dated 29th November, 1948 and No. 6/1/51-MGS dated 14th February, 19511. They have also been allowed, subject to certain conditions, to add to their service qualifying for superannuation pension, (but not for any other class of pension), the actual period not exceeding one-fourth of the length of their service of the actual period by which their age at the time of recruitment exceeds 25 years, or the period of 5 years whichever is least. However, as regards the question of grant of extension of seivice/re- employment beyond the age of superannuation, they will be governed by the same orders as are applicable to other Central Government employees. VII. CURTAILMENT OF THE PERIOD OF EXTENSION/RE-EMPLOYMENT: A situation might arise where the grant of extension of service/re-employment beond the age of superannuation for a specificed period might have to be cancelled or modified at a later date for administrative reasons. As the Government is committed to retaining the officer for a specified period, it cannot dispensed with his service before the expiry of that period except on disciplinary grounds. It is, therefore, necessary that in every case the order granting an extension of service/re-employment should included a clause providing for termination of service after three months/one month's notice at any time within the period of extension/re-employment. VIII. PROMOTION: No Government servant who is on extension of service after the prescribed date of retirement should be promoted to another post during the period of extension of service. IX. PAY: The pay of superannuated Government servant re-employed in Central Civil Department will be regulated in accordance with the instructions contained in Ministry of Finance Office Memorandum No. 8(34)-E III/57, dated 25th November, 1958 (as amended from time to time). Profoma for sending proposals for approval of Ministry of Home Affairs or for internal use in a Ministry/Department for grant of extension/re-employment to Government servants beyond the age of superannuation 1. Designation of the post : 2. Duration of the Post : 3. Scale and terms of the post and perquisities attached, if any: 4. Whether financial sanction for the creation of the post/continuance of post for the duration shown at (2) has been obtained. 5. Method of recruitment : 6. Name and the terminal date of appointment of the outgoing incumbent of the post : 7. Name of the officer proposed for appointment and the service to which he belongs : 8. Full service particulars of the Officer with date of birth and pay drawn : 9. Names of other officers considered : 10. If promotion post, whether copies of proceeding of a D.P.C. are being enclosed ? If not, why 11. Whether character roll of the officers proposed and those considered are being sent? If not. why ? 12. If the proposal involves extension/reemployment, please indicate : (i) (a) Whether the post is scientific/technical or non-scientific/nontechnical; (b) Whether the officer is to be granted extension of service or re-employment; (c) Period of extension/re-employment granted earlier to the officer, if any : (d) Date from which extension/re-employment is to be granted; (e) Period of extension of service/re-employment ; (ii) Justification for grant of extension/re-employment if the post is technical/scientific; (iii) Justification for grant of extension/re-employment if the post is non-technical/non- scientific; (iv) (a) The date from which it was known that vacancy would occur: (b) Action taken to select a successor with chronological details; (c) If selection is being made, reasons why this could not be finalised in good time; (d) If proposal involves extension/re-employment can some officiating or ad hoc arrangements be made, pending fresh appointment by proper selection ? If not, why not? (v) If the case is referable to A.C.C. whether the case has been discussed with Cabinet Secretary ? If so, his reaction to the proposal : (vi) Whether orders of the Minister-in-charge have been obtained ? 13. Whether the prescribed Integrity certificate, from the appropriate authority, is enclosed]. (8) It has been decided to lay down the following guidelines for the acceptance of the notice of retirement under sub-rule (2-A).ofrule 16 of the All India Service (Death-cum-retirement Benefits) Rules, 1958-for the information and guidance of the State Governments :- (i) A notice of voluntary retirement given by a member of the Service may be withdrawn by him, after it is accepted by the State Government , only with the approval of the State Government concerned provided the request for such withdrawal is made before the expiry of the period of notice. (ii) In cases where disciplinary proceedings are pending or contemplated against a member of the Service for the imposition of a major penalty and the disciplinary authority having regard to the circumstances of the case, is of the view that the imposition of the major penalty of removal or dismissal from service would be warranted, the notice of voluntary retirement given by the officer concerned may not ordinarily be accepted. (iii) In cases where prosecution is contemplated or may have been launched in a court of law against a member of the Service, the notice of voluntary retirement given by him may not ordinarily be accepted.117(iv) The notice of voluntary retirement given by a member of the Service, who is on study leave or who has but not completed a minimum service of 3 years on completion of study leave, may not ordinarily be accepted.118(9) The first proviso to sub-rule (1) ofrule 16 of AIS (DCRB) Rules. provides that a member of an All India Service may be retained in service after the last day of the month in which he attains the age of 58 years on public grounds for an aggregate period not exceeding six months by the State Government concerned and for any period beyond six months with the sanction of the Central Government. Details regarding extension in service granted to members of All India Service are frequently required by the Central Government for answering Parliament question etc. Since Stale Governments are competent to sanction extenion of service to members of All India Services upto six months without consulting the Central Government, the Central Government finds it difficult to compile complete information about extension of service granted to members of All India Services. The State Governments have, therefore, been requested that copies of orders/notifications issued by the State Governments granting extension of service to members of All India Services, may be endorsed to this Department (All India Services Division) in the case of members of the Indian Administrative Service, the Ministry of Home Affairs (Police Division) in the case of members of the Indian Police Service and the Department of Agriculture & Cooperation in the case of members of the Indian Forest Service.
RULE 16A: ACCEPTANCE OF DATE OF BIRTH
- (1) For the purpose of determination of the date of superannuation of a member of the service, such date shall be calculated with reference to the date of his birth as accepted by the Central Government under this rule.
(2) In relation of a person appointed, after the commencement of the All India Services (Deathcum- Retirement Benefits) Amendment Rules, 1971.
(a) the Indian Administrative Service under Cl. (a) or Cl (aa) of sub-rule (1) ofrule 4 of the Indian Administrative Service (Recruitment) Rules, 1954-; or
(b) the Indian Police Service under Cl. (a) or Cl (aa) of sub-rule (1) ofrule 4 of the Indian Police Service (Recruitment) Rules, 1954-; or
(c) the Indian Forest Service under Cl. (a) or Cl. (aa) of sub-rule (2) ofrule 4 of the Indian Forest Service (Recruitment) Rules, 1966; the date of birth as declared by such person in the application for recruitment to the service shall be accepted by the Central Government as the date of birth of such person.
(3) In relation to a person to whom sub-rule (2) does not apply, the date of birth as recorded in the service book or other similar official document maintained by the concerned government shall be accepted by the Central Government, as the date of birth of such person.
(4) The date of birth as accepted by the Central Government shall not be subject to any alteration except where it is established that a bonafide clerical mistake has been committed in accepting the date of birth under sub-rule (2) or (3).]
RULE 17: RETIRING PENSION AND GRATUITY
-(1) A retiring pension and death-cu^ retirement gratuity shall be granted to a member of the Service who retires or is' required to retire underrule 16-.
132[(2) Notwithstanding anything contained in sub-rule (1), relief against rise in the cost of living index shall be granted to every such member of the service at such scale and in such manner as may be prescribed by the Central Government from time to time for officers of the Central Civil Services, Class I.]
GOVERNMENT OF INDIA'S DECISIONS : It was brought to the notice of the Government that an officer of the All India Services had obtained a loan from the Life Insurance Corporation and the mortgage deed executed by him he agreed inter alia that in the event of termination of his service by death, retirement or otherwise, the retirement benefits to be received will be paid towards discharging all amount under the said Mortgage Deed by way of principal. interest or otherwise, if so due at the relevant time. He also agreed that if possible, he would appoint the Corporation as his nominee to receive the provident fund, gratuity and other retirement benefits. 1.2. The Government of India have examined the question whether the A.I.S. officers can pledge their retirement benefits to the Life Insurance Corporation.Section 12 of the Pension Act, 1871andSection 3 of the Provident Fund Act, 1925do not permit an officer to pledge his pension or provident fund in this manner.1291.3. As regards nominating the Life Insurance Corporation to receive the retirement benefits like gratuity, provident fund, etc., the respective rules regarding nomination do not permit such a course when the officer has family. 2. It has been decided that pension can be held in abeyance.
RULE 18: AMOUNT OF GRATUITY OR PENSION
-135[(a) In case a member of the Service retires from service in accordance with the provisions of these rules, before completing qualifying service of ten years, gratuity shall be admissible at the rate of half month's pay of each completed six monthly periods of qualifying service.]
136[(b)
(i) In case a member of the Service retires from service in accordance with the provisions of these rules, after completing qualifying service of thirty-three years or more, pension shall be admissible to him at the rate of fifty per cent of the average emoluments reckonable for pension :137[ * * *]
(ii) In case a member of the Service retires from service in accordance with the provisions of these rules after completing 10 years of qualifying service but less than 33 years of qualifying service, the pension admissible, to him shall be such proportion of the maximum pension admissible under16[***]this sub-rule as the qualifying service rendered by him bears to the qualifying service of 33 years.138[* * *]
139(iii) In case a member of the Service retires from Service between the 1st January, 1996 and the 31st December, 1997, and exercises an option to retain the pre-revised scale of pay and draws pension and death-cum-retirement gratuity under the rules in force immediately before the 1st day of January, 1996, the pension and death-cum-retirement gratuity in such cases shall be regulated as follows:
(i) Pension shall be calculated at fifty per cent of the average emoluments. To the amount so calculated. Dearness Relief up to AICPI 1510 at the prescribed rates shall be added and the amount so arrived at shall be regarded as pension.
(ii) Death-cum-retirement gratuity shall be admissible with reference to emoluments at (0 above under the orders/rules (including that in respect of ceiling) in force immediately before coming into effect of the revised rules with effect from 1st day of January, 1996. Explanation.-In this sub-clause, emoluments means "Pay" as defined in first provision of Rule 2(l)(bb).
140[(1-A)* * *]
[(1-B) Deleted]
[ (1-C) Deleted]
(2) An Indian Civil Service member of the Indian Administrative Service shall be entitled to receive an annunity of Rs. 13,333,33 : Provided that if any such member for the death-cum-retirement gratuity scheme, his annuity shall be reduced by the annuity equivalent of the amount of gratuity:141[Provided that the amount of invalid pension shall not be less than the amount of family pension admissible under sub-rule (2) ofrule 22B-.]
142[NOTE : A member of the Service retired from service before 1st day of January, 1986, shall be granted such additional relief in pension as may be sanctioned by the Central Government.]
RULE 19: DEATH CUM--RETIREMENT GRATUITY
- (1) Subject to the provisions ofrule 14-a member of the Service who retires or is retired under rule143[13 or 16] and has on the date of such retirement completed 5 years qualifying service may be granted a death- cum -retirement gratuity not exceeding the amount specified in sub-rule (3).
(2) If a member of the Service144[x x x] dies while in service, a death-cum-retirement gratuity not exceeding the amount specified in sub-rule (3) may be paid to the person or persons on whom the right to receive such gratuity is conferred underrule 21-and, if there is no such person, it may be paid in the manner indicated below :
(i) If there are one or more surviving members of the family as in items (i), (ii) and (iii) of clause (a) of sub-rule (1) ofrule 21-, it may be paid to all such members, other than any such member who is a widowed daughter, in equal shares.
(ii) If there are no such surviving members of the family as in Cl. (i) above, but there are one or more surviving widowed daughters and/or one or more surviving members of the family as in items 145[(iv) to
(viii)] of Cl. (a) of sub- rule (1) ofrule 21-, it may be paid to all such members, in equal shares. 145[(2A) If a member of the Service dies after retirement without receiving the gratuity admissible under these rules, the gratuity shall be disbursed to the family in the manner indicated in sub-rule (2).
(2B) The right of a female member of the family or that of a brother of the member of the Service who dies while in service or after retirement, to receive the share of gratuity shall not be, affected if the female member marries or re-marries or the brother attains the age of 18 years after death of the member of the Service and before receiving his or her share of gratuity.
(2C) Where gratuity is granted under this rule to a minor member of the family of the deceased member of the Service, it shall be payable to the guardian on behalf of the minor.] 147[(3)
(a)
(i) A retirement gratuity equal to one-fourth of the emoluments for each completed period of six months of service shall be paid to member of the service on his retirement from service who has completed five years qualifying service, subject to a maximum of sixteen and half times of the emoluments :
Provided that the amount of retirement gratuity payable under this clause shall not exceed148149 ["Rupees three lakh and fifty thousand"].
(ii) In the case of death of a member of the service while in service, death gratuity shall be admissible at the following rates :- Length of service Rate of Gratuity (i) Less than one year two times of emoluments. (ii) One year or more but six times of emoluments less than 5 years. (iii) 5 years or more but less 12 times of emoluments than 20 years. (iv) 20 years or more half of emoluments for every competed six monthly period of qualifying service subject to a maximum of 33 times emolumentsprovided that the amount of Death Gratuity shall in no case, exceed151["rupees two lakhs and fifty thousand"].]
(b) If a member of the Service who has become eligible for gratuity or pension dies after he has retired from the Service, and the sums to which he had become entitled at the time of his death on account of such gratuity or pension together with the death-cum-retirement gratuity granted under sub-rule (1) and the commuted value of any portion of pension commuted by him are less than an amount equal to 12 times his emoluments, a gratuity equal to the deficiency may be granted to the person or persons specified in sub-rule (2).
1[* * *]
GOVERNMENT OF INDIA'S DECISIONS :150(1) Gratuity is not covered by the term 'Pension' occurring in the Pensions Act, 1871, and therefore, does not enjoy the protection, conferred by the various provisions of that Act. It is, therefore, permissible to make recovery of any amount owed by a retired officer to Government from the death-cum-retirement gratuity due in respect of him, even without obtaining his consent or that of the members of his family in the case of deceased officers, as the case may be.153(2) A member of the Service died while in service without making any nomination. One of the surviving members of his family, and unmarried daughter, got married subsequently before the death gratuity was paid. A question arose whether the daughter who was unmarried at the time of his death and was eligible for a share of the death gratuity, forfeited her subsequent marriage. According to sub-rule (2)(i) the death gratuity became payable to the surviving members of the officer's family mentioned in sub-clauses (i) (ii) & (iii) of rule 2l(i)(a) on the date of his death. An interest in the gratuity had thus accrued to and became vested in each member of the family of the deceased at the time of death. His daughter who was since married was therefore entitled to payment of an equal share of the death gratuity along with other members of his family and her right was not forefeited on account of her subsequent marriage. GOVERNMENT OF INDIA'S INSTRUCTIONS : The Government of India have decided to allow an option to the members of the former I.C.S. who are now members of the I.A.S., to get the benefits of death-cumretirement gratuity by surrendering a portion of pension admissible to them under the existing rules. (1.2) The details of the Scheme for grant of death-cum-retirement gratuity as finally approved by the Government of India are given below:- (1) Amount of Gratuity Admissible : (i) Retirement gratuity.- At the rate one-fourth of the emolument of Rs. 1,800 (maximum) for each completed six monthly period of qualifying service subject to a maximum of Rs. 24,000. (ii) Death gratuity.- On death while in service gratuity as in (i) above subject to a minimum of 12 times of Rs. 1,800. (2) Amount of Pension to be surrendered.- The pension equivalent of the D.C.R. gratuity calculated on the basis of commutation table current at the time of retirement of the officer concerned. (3) Nominations.-The nominations in regard to death-cum-retirement gratuity shall be in accordance with the provisions ofrule 21 of the AIS (DCRB) Rules, 1958-.155(4) Commutation of Pension,- Further commutation of pension will be permissible to the extent of one third of the balance left after deducting pension equivalent of DCR gratuity. (1.3) The benefits of the D.C.R. gratuity Scheme detailed above will be admissible to all I.C.S. officers who were in service on 1st January, 1964, (1.4) The I.C.S. officers concerned, including those, who have retired on or after 1st January, 1964 had to exercise their option in the matter within six months from the date of issue of these orders 7th December 1965). The option was required to be exercised in writing and communicated to the Accountant General concerned, the option once exercised shall be final. (1.5) Those who failed to opt for the scheme within the specified period will be entitled to any benefits of this scheme, as the conditions of service of the I.C.S. officers are different in this respect as compared with those of the other services. (1.6) The officers who were in service on 1st January, 1964 but have died thereafter should be deemed to have opted for the new Scheme and their family should be allowed benefits admissible under it.
RULE 19A: INTEREST ON DELAYED PAYMENT OF GRATUITY OR DEATH CUM--RETIREMENT GRATUITY
- (1) If the payment and gratuity or death-cum-retirement gratuity has been authorised after three months from the date when its payment became due, and it is clearly established that the delay in payment was attributable to administrative lapse,157[interest at the rate prescribed by the Central Government from time to time shall be paid on the amount of gratuity or death-cum-retirement gratuity in respect of the period beyond the three months.] Provided that if the cause of delay in payment was attributable to the member of the Service, no interest shall be paid.
(2) If as a result of Government's decision taken subsequent to the retirement of a member of the Service, the amount of gratuity or death-cum-retirement gratuity already paid on his retirement is enhanced on account of,-
(i) grant of emoluments higher than the emoluments on which gratuity or death-cum-retirement gratuity was determined; or
(ii) liberalisation in the provisions of these rules from .a date prior to the date of retirement of the member of the service concerned, no interest on the arrears of gratuity of death-cum-retirement gratuity shall be paid.]
RULE 19B: DEPOSIT LINKED INSURANCE SCHEME FOR MEMBERS OF THE SERVICE
- On the death of a member of the service, the persons entitled to receive the amount standing to his credit in the Provident Fund underthe All Indias Services (Provident Fund) Rules, 1955, shall be sanctioned an additional amount equal to the average balance in the said account during the three years immediately preceding the death of such members, subject to the fulfilment of the following conditions, namely:-
(a) the balance in the said account should not have fallen below158[Rs. 4000] at any time during the said period of three years.
(b) the limits upto which the benefit of insurance covered will be available will be Rs. 10,000159[* * *]
(c) the benefit would be admissible only if the member of the service has put in at least five year's service at the time of his death.]
NOTE 1.- The average balance shall be worked out on the basis of the balance at the credit of a member of the service in his provident fund account at the end of each of the 36 months preceding the month in which the death occurs. For this purpose, as also for checking the minimum balance prescribed in Cl. (a) above- (i) the balance at the end of March, shall include the interest credited underrule 9 of the All India Services (Provident Fund) Rules, 1955; and (ii) if the last of the aforesaid 36 months is not the month of March, the balance at the end of the said last month shall include interest in respect of the period from the beginning of the financial year in which death occurs to the end of the said last month.
NOTE 2.- Payment under this scheme shall be in whole rupees. If an amount due includes a fraction of a rupee it shall be rounded to the nearest rupee, a fraction of less than 50 paise being ignored,
NOTE 3.- Any sum payable under this Scheme is in the nature of insurance money and, therefore, the statutory protection given bySection 3 of the Provident Fund Act, 1925 (Act 19 of 1925)shall not apply.
160GOVERNMENT OF INDIA'S DECISION A question has been raised as to whose Budget (State or Central) the extra expenditure under the Deposit Linked Insurance Scheme will be debited in cases where members of the All India Services die while working under the State Government or the Central Government. It has been decided in consultation with the Ministry of Finance and C & AG that the payments has to be debited against the Budget provision made by the concerned Accountant General out of the estimate in respect of the scheme prepared by him. In respect of members of the All India Services allotted to different states, the Budget provision will be made from the States Government's Budget under an appropriate Head. When the members of the All India .Services borne on a State Cadre arc on deputation either to the Central Government or to any other State Government, the Accounts Officer who maintains the provident fund account of the office concerned shall make final payment out of the provisions of the State.
RULE 19C: RECOVERY AND ADJUSTMENTS OF GOVERNMENT DUES
- (1) It shall be the duty of every retiring member of the service to clear all Government dues before the date of his retirement.
(2) Where a retiring member of the Service does not clear the Government dues and such dues are ascertainable,-
(a) an equivalent cash deposit may be taken from him; or
(b) an equivalent amount shall be deducted from the gratuity and the death- cum-retirement gratuity.
Explanation.- For the purpose of this rule, dues which are ascertainable shall include balance of house building or conveyance advance, arrears of rent and other charges pertaining to occupation of Government accommodation, over payment of pay and allowances and arrears of income-tax deductible at source underthe Income-tax Act, 1961 (43 of 1961).]
RULE 20:
* * *]
RULE 21: NOMINATIONS
- (1) For the purpose of this rule-
(a) "family" shall include the following relatives of the member of the Service:-
(i) wife or husband;
(ii) sons;
(iii) unmarried and widowed, daughters;
(iv) brothers below the age of 18 years, and unmarried or widowed sisters;
(v) father;
(vi) mother;
163[(vii) married daughters; and
(viii) children of a pre-deceased son.]
NOTE 1.- Items (ii) and (iii) will include step children.
NOTE 2.- An adopted son or an adopted daughter may be treated as son or daughter for the purpose of this rule provided that the Accounts Officer, or if any doubt arises in the mind of the Accounts Officer, the Solicitor to the State Government is satisfied that under the personal law of the member of the Service adoption is legally recognised conferring the status of a natural child.
(b) "person" shall include any company or association or body of individuals whether incorporated or not.
(2) A member of the service shall, soon after confirmation in the Service, make a nomination conferring on one or more persons the right to receive the death-cum- retirement gratuity that may be sanctioned under sub-rule
(2) or Cl. (b) of sub-rule
(3) ofrule 19-and any gratuity, which having become admissible to him underrule 18-had not been paid to him before his death: Provided that :
(i) if at the time of making the nomination, the member of the Service has a family, the nomination shall not be in favour of any person or persons other than the members of his family; and
(ii) where the member of the Service has only one member in his family in whose favour the original nomination should be made the alternate nomination can be made in favour of any person who is not a member of his family or in favour of a body of persons corporate or incorporate.
(3) If a member of the Service nominates more than one person under sub-rule (2), he shall specify in the nomination the amount or share payable to each of the nominees in such manner as to cover the whole amount of death gratuity.
(4) A member of the Service may provide in a nomination-
(a) in respect of any specified nominee that in the event of his predeceasing the member of the Service, the right conferred upon that nominee shall pass to such other person as may be specified in the nomination :Provided that if at the time of making the nomination, the member of the Service has a family consisting of more than one member, the person to be specified shall not be a person other than a member of his family; and
(b) that the nomination shall become invalid in the event of the happening of a contingency specified therein.
(5) The nomination made by a member of the Service who has no family at the time of making it, or a provision made in a nomination under Cl. (a) of sub-rule (4) by a member of the Service whose family consists, at the time of making the nomination, of only one member, shall become invalid in the event of the member of the Service subsequently acquiring a family or an additional member in the family, as the case may be.
(6) Every nomination shall be in such one of the forms given in Schedules D to G, as may be appropriate in the circumstances of the case.
(7)
(a) A member of the Service may at any time cancel a nomination by sending a notice in writing to his Accounts Officer : Provided that the member of the Service shall along with such notice send a fresh nomination made in accordance with this rule.
(b) Immediately on the death of a nominee in respect of whom no special provision has been made in the nomination under Cl. (a) of sub-rule (4) or on the occurrence of any event by reason of which the nomination becomes invalid in pursuance of Cl. (b) of that sub-rule or sub-rule (5), a member of the Service shall send to his Accounts Officer a notice in writing formally cancelling the nomination together with a fresh nomination made in accordance with this rule.
(8) Every nomination made and every notice of cancellation given by a member of the Service under this rule shall be sent by him to his Accounts Officer.
(9) Every nomination made and every notice of Cancellation given by a member of the Service shall to the extent that it is valid take effect on the date on which it is received by the Accounts Officer. GOVERNMENT OF INDIA'S DECISION :164(1) Mr. X, a member of the Indian Administrative Service filled in two nominations on two different dates. While forwarding the second nomination to the Accountant General the first one was not cancelled. The validity of the nominations was, therefore, called in question. (1.2) The apparent intention of the officer in filling in the second nomination was that the first one shall be superseded, although it was not formally cancelled by him. In view of this, the Government of India decided that his second nomination might be treated as valid.(2) A question arose whether in view of judgments of certain High Courts nieces could be deemed to be member of an officer's family and family pension given to them underrule 22-.165 (2.2)All India Services (Death-cum-Retirement Benefits) Rules, 1958are statutory rules. As such it is not necessary to rely on any High Court ruling for the definition of family. For the purpose of these rules the definition of family of a member of the Service shall be as given in this rule. Niece do not fall within the definition of the term family given in this rule and are not, therefore, entitled to any family pension.
RULE 22: FAMILY PENSION
-166
[(1) This rule applies to those members of the Service who were in service on the 31st December, 1963 and who had specifically opted for the benefits of this rule under the orders issued by the Central Government.
(2)
(a) The State Government may grant a family pension to the family of a member of the Service in the event of the death of that member after he had rendered twenty years of qualifying service. In exceptional circumstances, the Central Government may grant a family pension to the family of a member of the Service if the death of such member occurs before he has completed twenty years of qualifying service, if he has rendered not less than ten years of qualifying service.
(b) The total period for which a family pension may be paid shall be ten years : Provided that the period of payment of family pension shall in no case extend beyond a period of five years from the date on which the member of the Service actually retired, or on which he would retire, on superannuation pension in the normal course according as the death takes place after retirement or while the member of the Service was in service.]
NOTE.- In the case of a member of the Service who dies while on extension of service the expression 'date on which he would have retired on superannuation pension in the normal course" in the above proviso shall mean the date upto which extension of service has been sanctioned to him before his death.
(3) Subject to the maximum of Rs. 150 per mensum the amount of family pension shall be-
(a) in the event of death while in service, half the pension admissible to a member of the Service had he retired on a superannuation pension on the date following the date of death;
(b) in the event of death after retirement, half the pension sanctioned for him at the time of retirement. If, however, a member of the Service mentioned in clause (b) has commuted a part of his pension before his death, that part of pension shall be deducted from the family pension caulculatfed as above.
167[(3A) The family pension admissible under this rule shall be enhanced by ad hoc increase at such scales and in such manner as the Central Government may, from time to time specifiy for officers of the Central Services Group 'A':]
(4) For the purpose of this rule- "family" shall include the followings relatives of the members of the Service :
(i) wife or husband;
(ii) sons;
(iii) unmarried and widowed daughters;
(iv) brothers, below the age of 18 years; and unmarried or widowed sisters;
(v) father; and
(vi) mother,
NOTE 1.- Items (ii) and (iii) will include step-children.
NOTE 2.- An adopted son or an adopted daughter may be treated as son or daughter for the purpose of this rule provided that the Accounts Officer, or if any doubt arise in the mind of the Accounts Officer, the Solicitor to the State Government, is satisfied that under the personal law of the member of the Service, adoption is legally recognised as conferring the status of a natural child.
(5) No family pension shall be payable under this rule-
(a) to a person mentioned in Cl. (b) of sub-rule (6) without the production of reasonable proof that the person was dependent on the member of the Service for support;
(b) to an unmarried woman member of the family of the member of the Service, in the event of her marriage;
(c) to a widowed woman member of the family of the member of the Service in the event of her remarriage;
(d) to a brother of a member of the Service, on the former attaining the age of 18 years; and
(e) to a person who is not member of the family of the member of the Service.
(6) Except as may otherwise be provided by a nomination under sub-rule (7)-
(a) a family pension under this rule shall be allowed-
(i) to the eldest surviving widow if the deceased was a male member of the Service or to the husband if the deceased was a woman member of the Service.
Explanation.- The expression 'eldest surviving widow' shall be construed with reference to the seniority according to the date of the marriage with the member of the Service and not with reference to the ages of the surviving widows;
(ii) failing a widow or husband, as the case may be, to the eldest surviving son;
(iii) failing (i) and (ii), to the eldest surviving unmarried daughter;
(iv) failing the above, to the eldest widowed daughter; and
(b) in the event of no family pension becoming under Cl. (a), family pension may be granted-
(i) to the father;
(ii) failing (i) above, to the mother,
(iii) failing (i) and (ii) above, to the eldest surviving brother below the age of 18;
(iv) failing (i) to (iii) above, to the eldest surviving unmarried sister;
(v) failing (i) to (iv) above, to the eldest surviving widowed sister.
(7) If a member of the Service who has completed ten years service desires that any family pension that may be sanctioned under this rule should be payable to any member of his family in any order to be specified by him, he may make a nomination for the purpose in the form given in Schedule H indicating the order in which the family pension should be payable to the members of his family and to the extent that it is valid, the family pension shall be payable in accordance with such nomination provided the persons concerned satisfy the requirements of sub-rule (5) at the time of the grant of such pension. In case the person concerned does not satisfy the requirements of sub-rule (5), the family pension shall be granted to the person next lower in that order.
NOTE.- The provisions of Cl. (a) of sub-rule (7), sub-rule (8) and sub-rule (9) ofrule 21-shall apply in respect of nomination made under this sub-rule also.
(8)
(a) A family pension sanctioned under this rule shall not be payable to more than one member of the family of the member of the Service at the same time.
(b) If a family pension sanctioned under this rule ceases to be payable before the expiry of the period mentioned in sub-rule (2) on account of the death or marriage of the recipient or other causes, it shall be re-granted for the unexpired portion of that period to a person next lower in the order shown in the nomination made under sub- rule (7) or in the absence of a nomination, to the person in the order mentioned in sub-rule (6), who satisfies the other provisions of this rule.
(9) A family pension sanctioned under this rule shall be tenable in addition to any compensation or any extraordinary pension or gratuity that may be granted to the member of the pensioner's family under the existing Rules or Acts.
1[(10)* * *]
GOVERNMENT OF INDIA'S DECISIONS : See Government of India's Decision (2) belowrule 21-.GOVERNMENT OF INDIA'S INSTRUCTIONS : (1) Proposals for the grant of family pension under the proviso to sub-rule (1) should be accompanied by information on the following points :- (i) The amount received or receivable by the family of the deceased officer by way of insurance, Provident Funds and death gratuity. (ii) The pay (indicating separately the officiating pay and other emoluments in the nature of Pay including dearness pay) the officer was in receipt of at the time of his death. (iii) The number of children left behind, if any, with their ages and the classes in which studying.(2) The Government of India have decided that the members of the former I.C.S. who were in service on 1st January, 1964, and who have opted for the scheme of D.C.R. gratuity introduced vide Ministry of Home Affairs letter No. 29/20/61-AIS (II), dated 7th December, 1965, may be allowed an option to come under the revised family pension scheme as applicable to the Central Government Servants. (2.2) The orders regarding the revised family pension scheme contained in the Ministry of Finance O.M. No. F. 9(16)-EV(A)/63, dated 31st December, 1965, shall apply mutatis mutandis to the I.C.S. officers who were in service on 1st January, 1964 and who opt for both the D.C.R. gratuity and revised family pension schemes. (2.3) The I.C.S. officers concerned, including those who have retired on or after 1st January, 1964, were required to exercise their option in the matter in writting in the prescribed proforma within 6 months from the date of issue of these orders (8th December, 1965). The option once exercised shall be final.(2.4) Those who failed to opt for the schemes within the specified period would not be entitled to any benefits of this scheme, as conditions of service of the I.C.S. officer are different in this respect as compared with those of other services. (2.5) The officers who were in service on 1st January, 1964 but have died thereafter, shall be deemed to have opted for the revised family pension scheme and their families should be allowed benefits admissible under it.
RULE 22A: CONTINUATION OF FAMILY PENSION BENEFITS
- (1) In respect of widows or minor children who were actually in receipt of family pension on the 31st December, 1963, or who become entitled to family pension under these rules consequent on the death on or after the 1st January, 1964, of an officer who retired as a member of the Service before that date, the period of payment of family pension shall be extended beyond the expiry of the period of which family pension is admissible underrule 22-, upto :
(a) the date of death or re-marriage, whichever is earlier, in the case of widows; and
(b) the date of attaining majority in the case of children (or, the date of marriage, if earlier, in the case of daughters).
(2) The rate of family pension for the extended period will be equal to half the family pension admissible previously subject to a minimum of Rs. 20 per mensern.
NOTE.- The benefits of the rule are subject to the general conditions laid down in sub-rules (8), (9) and (10) ofrule 22-.
172[(3) The family pension admissible under this rule shall be enhanced by ad hoc increases at such scales and in such manner as the Central Government may, from time to time specify for officers of the Central Services Group 'A'.]
RULE 22B: APPLICATION
- (1) This rule shall apply to :
(a) All the members of the Service appointed to the service on or after the 1st January, 1964.
(b) All those who were members of the Service on 31st December, 1963 and who opted or are deemed to have opted for this rule under the general or special orders issued by the Central Government.]
178(2) Subject to the provisions of Rule 22-C,20["with effect from the 1st day of January, 1996, family pension shall in no case be less than thirty per cent of the minimum pay in the revised scale of pay introduced with effect from the 1st day of January, 1996 of the post last held by the pensioner or the deceased member of the Service, as the case may be,".]subject to the minimum of rupees One thousand two hundred and seventy five per mensem and a maximum of rupees nine thousand.
EXPLANATORY MEMORANDUM The Central Government decided to implement the decision taken on the recommendations made by the Fourth Central Pay Commission relevant to pension with effect from 1st January, 1986. All India Services (Death-cum-Retirement Benefits) Rules, 1958 are being amended accordingly with effect from 1st January, 1986. It is certified that no member of the service is likely to be adversely affected by Notification being given retrospective effect.
(3) The period for which family pension is payable shall be as follows :-
(i) in the case of a widow or widower upto the date of death or remarriage, whichever is earlier;
179(ii) in the case of a son or an unmarried, widowed on divorced daughter till such son or daughter attains the age of twenty five years or up to the date of his/her mamage/re-marriage, as case may be, whichever is earlier subject to the income criterion as prescribed by the Central Government from time to time.
180(iii) in case of parents, up to the death of both the parents.
NOTES:- 1. Only that disability which manifests itself before the retirement or death of the member of the Service while in service shall be taken into account for the purpose of grant of family pension under this sub-rule. 2. A daughter shall become ineligible for family pension under the sub-rule from the date she gets married. 3. The family pension payable to such a son or daughter shall be stopped if he/she starts earning his/her livelihood. 4. In such cases it shall be the duty of the guardian to furnish a certificate to the Treasury or Bank, as the case may be, every month, that (i) he or she has not started earning his/her livelihood; (ii) in case of daughter, that she has not yet married.
(4)
(a)
(i) Where the family pension is payable to more widows than one, the family pension shall be paid to the widows in equal shares.
(ii) On the death of a widow, her share of the family pension shall become payable to her eligible child :
Provided that if the widow is not survived by any child, her share of the family pension shall cease to be payable.
(b) The deceased member of the service or pensioner is survived by a widow but has left behind eligible child or children from another wife who is not alive, the eligible child or children shall be entitled to the share of family pension which the mother would have received if she had been alive at the time of the death of the member of the service or pensioner.
(5)
(i) Except as provided in sub-rule (4) the family pension shall not be payable to more than one member of the family at the same time.
(ii) If a deceased member of the Service or pensioner leave behind a widow or widower, the family pension shall become payable to the widow or widower, failing which to the eligible child.
(iii) If sons and unmarried daughters are alive, unmarried daughters shall not be eligible for family pension unless the sons attain the age of 21 years and thereby become ineligible for the grant of family pension.
(6) Where a deceased member of the Service or pensioner leaves behind more children than one, the eldest eligible child shall be entitled to the family pension for the period mentioned in Cl. (ii) or Cl. (iii) of sub-rule (3) as the case may be, and after the expiry of that period the next child shall become eligible for the grant of family pension.
(7) Where family pension is granted under this rule to a minor, it shall be payable to the guardian on behalf of the minor.
(8) In case both wife and husband are members of the service and are governed by the provisions of this rule and one of them dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of the death of the husband and wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parents subject to the limits specified below, namely :-
(a)
(i) if the surviving child or children is or are eligbile to draw two family pensions at the rate mentioned inRule 22C- , the amount of both the pensions shall be limited to five hundred rupees per mensem; (ii) if one of the family pensions ceased to be payable at the rate mentioned inRule 22C-, and in lieu thereof the pension at the rate mentioned in sub-rule (2) of this rule becomes payable the amount of both the pensions shall also be limited to five hundred rupees per mensem;
(b) if both the family pensions are payable at the rates mentioned in sub-rule (2) of this rule, the amount of two pensions shall be limited to two hundred and fity rupees per mensem.
(9) Where a member of the service dies leaving behind a judicially separated husband or widow, as the case. may be, and no child or children, the family pension in respect of the deceased shall be payable to the person surviving: Provided that where in a case judicial separation is granted on the ground of adultery and the death of the member of the service takes place during the period of such judicial separation, the family pension shall not be payable to the person surviving if such person surviving was held guilty of committing adultery.
(10)
(a) Where a member of the Service dies leaving behind a judicially separated husband or widow as the case may be, with a child or children, the family pension payable in respect of the deceased shall be payable to the surviving persons provided he or she is the guardian of such child or children.
(b) Where the surviving person has ceased to be the guardian of such child or children, such family pension shall be payable to the person who is the actual guardian of such child or children.
(11)
(i) As soon as possible afterjoining service a member of the Service shall give details of his family in the form given in Schedule J to the Accounts Officer. If he has no family, he shall furnish the details as soon as he acquires a family.
(ii) If there is a subsequent change in the family, including the marriage of a daughter, the face shall be intimated to the Accounts Officer, who shall make necessary entry in the form.
(iii) The Accounts Officer shall, on receipt of the form, keep it in safe custody and acknowledge receipt of the form and all further communications received from the member of the Service in this behalf.
12
(i) The benefits of this rule shall not accrue to the family of a member of the Service who is dismissed or removed from service : Provided that if such a member of the service was in receipt of compassionate allowance under proviso to sub-rule (1) ofrule 5-, his family shall be eligible to family pension under this rule.
(ii) Family pension under this rule shall not be admissible to the family of a member of the Service when the family pension under the Extraordinary Pension Rules (whether made by the Central Government or the State Government) is granted to such family.
(13) The family pension admissible under this rule shall be enhanced by ad hoc increases at such scales and in such manner as the Central Government may from time to time, specify for officers of Central Services Group 'A'.
(14) Definition of "Family":- 'Family' for the purpose of this rule includes the following relatives of a member of the Service, namely :-
(i) Wife or husband as the case may be, provided the marriage took place before the retirement of the member of the service.
(ii) A judicially separated wife or husband such separation not being granted on the ground of adultery, provided the marriage took place before retirement of the member of the Service and the person surviving was not held guity of committing adultery.
(iii) Son who has not attamed the age of 21 years and unmarried daughter who has not attained the age of 24 years, including son and daughter adopted legally before retirement, but shall not include son or daughter born after retirement.
181(iv) the parents provided they were wholly dependent on the Government servant when he/she was alive and the deceased employee had left behind neither a widow nor a child subject to the dependency criteria in case of parents as prescribed by Central Government from time to time.
GOVERNMENT OF INDIA'S DECISIONS : (1) It has been decided to extend the revised scheme of family pension applicable to Central Government servants to the All India Services Officers governed by the A.I.S. (DCRB) Rules, 1958. The orders contained in the Ministry of Finance O.M. No. F. 9(16)-EV (A)/63, dated 31st December, 1963, would apply mutatis mutandis to the All India Services Officers governed by the said Rules, with effect from 1st January, 1964. A fomal amendment to the AIS (DCRB) Rules, 1958 has since been made videRule 22B-. (1.2) The officers had to exercise option for the above mentioned orders within six months from 1st January, 1964. Those who failed to opt out of the scheme within the stipulated period would be deemed to have opted for it. Those who have been appointed to the Service after 1st January, 1964 or would be appointed subsequently would automatically be covered by the revised scheme and would not be required to exercise the option.175(1.3) The officers who have retired on or after 1st January, 1964 or the families of those officers who have died while in service after this date are also eligible for the benefit of the revised scheme. In their cases the Accountant General have to work out whether the old scheme as laid down inrule 22 of the AIS (DCRB) Rules-or the new scheme laid down inrule 22B-is more beneficial to them. Accordingly, they should be deemed to have exercised their option for the old or the new scheme as the case may be. (1) The Government of India have decided that the modifications contained in para 1 of the Ministry of Finance OM No. F. 9(24)-EV(A/65, dated 5th January, 1966, Annexure 1'A' will also apply to the officers of the All India Services and also of the Indian Civil Service. (1.2) These orders will be effective from 1st January, 1966.177(1.3) Those All India Services officers who were in Service on 31st December, 1963 and had not opted to be governed by the Family Pension Scheme, 1964, but who may now desire to avail of the benefits of the present concession may be allowed to exercise by the 30th April, 1966, a fresh option in terms of paras 2 and 4 of the Ministry of Home Affairs letter No. F. 29/74/63-AIS(II), dated 25th February, 1964. ANNEXURE 'A' Copy of office Memorandum No. F. 9(24)-EV(A)/65, dated the 5th January, 1966 from the Government of India, Ministry of Finance, Department of Expenditure addressed to All Ministries of the Government of India, etc., etc. SUBJECT : Liberalisation of the provision of the family Pension Scheme. 1964, in respect of families of Central Government Employees who die while in service. Recently there have been a number of deaths of civilian officers in harness where they have left their dependents rather badly off. Government have accordingly considered the question of making suitable provisions so as to alleviate the distress of the families who require greater assistance during the first few years after a Government servant's death while still in service and in partial modification of the orders issued in this Ministry's Office Memoranda No. F. 9(16)-EV(A)/63, dated 31st December, 1963 and No. F. 19(3)-EV(A)/65, dated 9th September, 1965, the President has been pleased to decide as under: (i) For a period of 7 years from the date of death or till the date on which the officer could have reached the normal age of superannuation had he remained alive, whichever period is shorter, the pension payable under the aforesaid orders will be at 50 per cent of the basic pay last drawn, subject to a maximum of twice the pension admissible under para 4 of the Office Memorandum dated 31st December, 1963 referred to above. (ii) The pension payable thereafter will be at the rates laid down in the respective orders. (iii) These orders will not be applicable if the Government servant had put in less than 7 years continuous service prior to his death. (iv) The other provisions in the existing orders will continue to operate. NOTE 1.- In the case of widows/widowers governed by the provisions of Office Memorandum date 9-9- 1965 referred to above, the child allowance, if any, will be paid in addition. NOTE 2.- In the case of a person who dies while on extension of service, the date upto which the extension of service had been sanctioned to him before his death will be deemed to be the normal date of superannuation. 2. These orders will have effect from 1st January, 1966. 3. Government servants who were in service on 31st December, 1963, and had opted not to be governed by the Family Pension Scheme, 1964 but who may now desire to avail of the benefits of the present concession will be allowed to exercise by the 31st March, 1966, a fresh option in terms of para 8 of this Ministry's Office Memorandum No. F. 9(16)-EV(A)/63, dated 31st December, 1963. In case
of failure to exercise a fresh option within the stipulated period, the earlier option, if any, will be deemed to subsist. The option should be exercised in writing and communicated by the officer concerned to the Head of Office if he is a non-gazetted officer and to his Accounts Officer if he is a gazetted Officer. The option when received from a non-gazetted officer should be countersigned by the Head of Office and pasted in the service book of the officer concerned. It will be the responsibility of the individual concerned to ensure that the option has reached the Head of Office/Accounts Officer. 4. The administrative authorities are requested to take urgent steps to bring the contents of this Office Memorandum to the notice of all concerned persons employed under their administrative control, including those on leave or on foreign service. 5. These orders will not be applicable to cases where the deceased Government servant was not governed by the Family Pension Scheme for Central Government Employees, 1964. These orders will not also be applicable to those Government servants who are governed bythe Workmen's Compensation Act. 6. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders have been issued after Consultation with the Comptroller & Auditor General of India. (2) The Government of India have decided that the modifications contained in the Government of India, Ministry of Finance, OM No. F. 15(14)-EV./66, dated 19th November, 1966 (Annexure 'B') and No. F. 15(33)-EV/66, dated 23rd November, 1966 (Annexure 'C) will also apply to Officers of All India Services and the Indian Civil Service. (2.2) These modifications will be effective from the dates of the order issued by the Ministry of Finance.176(2.3) Formal amendments to the AIS (DCRB) Rules, 1958 will be issued in due course. ANNEXURE 'B' Copy of OM No. F. 15(14)-EV/66, dated 19th November, 1966, from Shri C.K. Subramanian, Under Secretary to the Government of India, Ministry of Finance, Department of Expenditure, New Delhi, to All Ministries of the Government of India, etc., etc. SUBJECT : Family Pension for Central Government Employees, 1964-Grant of Family Pension to the widows. The President has been pleased to decide that the Note below para 6(iii) of this Ministry's Office Memorandum No. F. 9(16)-E.V.(A)/63, dated the 31st December, 1963 should be substituted as under :- (i) Where an officer is survived by more than one widow, the pension will be paid to them in equal shares. On the death of a widow her share of the pension will become payable to her eligible minor child. If at the time of her death, a widow leaves no eligible minor child, lhe payment of her share of the pension will cease. (ii) Where an officer is survived by a widow but has left behind an eligible minor child from another wife, the eligible minor child will be paid the share of pension which the mother would have received if she had been alive at the time of the death of the officer. 2. In consequence of the above amendment, sub-para 6 of this Ministry's Office Memorandum No. 9(16)-E.V.(A)/63, dated the 31st December, 1963 will be substituted as follows –
"Except as provided in the Note below sub-para (iii) of this para, pension awarded under this scheme will not be payable to more than one member of an Officer's family at the same time. It will first be admissible to the widow/widower and thereafter to the eligible minor children." 3. Cases which have already been settled will not be reopened; cases outstanding on the date of issue of these orders will be dealt with in terms of these orders. ANNEXURE 'C' Copy of OM. No. F. 15(33)-E.V./66, dated 23rd November, 1966 from C. K. Subramanian, Under Sccretary, Minisny of Finance, Department of
Expenditure, New Delhi, to all Ministries of the Government of India, etc., etc. SUBJECT : Liberalisation of the provisions of the Family Pension Scheme. 1964 in respect of the Families of Central Government Employees who die while in service. The undersigned is directed to invite a reference to this Ministry's Office Memorandum No. F. 9(24)-E.V.(A)/65, dated the 5th January, 1966 on the above subject and to state that the existing para 1(i) therein may be substituted as under:- "For a period of 7 years from the date following the date of death or till the date on which the Officer would have reached the normal age of superannuation had he remained alive, whichever peirod is shorter, the pension payable under the aforesaid orders will be at 50 per cent of the basic pay last drawn, subject to a maximum of twice the pension addmissible under para 4 of the Office Memorandum dated 31st December, 1963 referred to above."
RULE 22C: SPECIAL PROVISION REGARDING FAMILY PENSION IN CERTAIN CASES
- For a period of seven years from the date following the date of death or till the dale onwhich the member of the Service would have1[attained the age of 65 years] had he remained alive, whichever period is shorter, the pension payable under sub-rule (2) ofrule 22B-, shall be at 50 per cent of the basic pay last drawn subject to a maximum of twice the pension admissible under the said sub-rule : Provided that the enhanced pension will be admissible if the member of the Service has put in at least 7 years' continuous service prior to his death: Provided further that in the event of death after retirement, the enhanced pension rates shall not exceed the pension sanctioned to the member of the Service at the time of the retirement inclusive of the part of the pension which the retired member of the Service may have commuted before his death.
Explanation 1.- In case a member of the Service dies while on extension of service, the date upto which the extension of service had been sanctioned before his death shall be deemed to be the normal date of superannuation.
Explanation 2.- Family Pension in the case of the death of a member of the Service after retirement shall be payable only to those members of his family who were declared as such before his retirement : Provided that no such declaration is necessary in respect of such of the members of the Service who retire during the period between the 1st of January, 1973 and the date of publication of the All India Services (Death-cum-Retirement Benefits) Amendment Rules, 1975, in the Official Gazette.
RULE 23:
deleted]
RULE 24:
deleted]
RULE 25: COMMUTATION OF PENSION
- A member of the Service may commute his pension under such conditions and to such extent as may be prescribed by Regulations made in this behalf by the Central Government after consultation with the Government of the States.
RULE 26: ACCEPTANCE OF EMPLOYMENT AFTER RETIREMENT
- (1) A pensioner shall not accept any commercial employment before the expiry of two years from the date of his retirement, except with the previous184["sanction of the Central Government by submitting an application in Schedule L".] If a pensioner accepts a commercial employment without such sanction, it shall be competent for the Central Government to declare by an order in writing that he shall not be entitled to the whole or such part of the pension and for such period as may be specified in the order:Provided that no such order shall be made without giving the pensioner concerned an opportunity of showing cause against such declaration: Provided further that a pensioner who has been permitted by the Central Government to take up a particular commercial employment during leave preparatory to retirement shall not be required to obtain subsequent permission for his continuance in such employment after retirement.
187[Explanations.- (1) "Commercial Employment" means :(i) an employment, whether paid or honorary, in any capacity including that of an agent under a company, firm, co-operative society, body or individual engaged in trading, commercial, industrial, financial or professional business, and includes a directorship of such company or partnership of such firm but does not include employment under a body corporate, wholly or substantially owned or controlled by Government ; (ii) setting up practice, either independently or as a partner of a firm, as adviser or consultant in matters in respect of which a pensioner has - (a) no professional qualifications and the matters in respect of which the practice is proposed to be set up or carried on are relatable to his official knowledge or experience, or (b) professional qualifications, but the matters in respect of which such practice is to be set up are such as are likely to give his clients an unfair advantage by reason of .his previous official position, or (c) to undertake work involving liaison or contact with the offices or officers of the Government.
NOTE : For the purpose of this Explanation, 'employment under a co-operative society" includes the holding of any office, whether elective or otherwise, such as that of President, Chairman, Manager, Secretary, Treasurer and the like, by whatever name called in such society.
(2) For the purpose of this sub-rule, the expression "the date of retirement" in relation to a pensioner re-employed after retirement, without any break either in a Class I post under the Central Government, or in an equivalent post under a State Government, shall mean the date on which such pensioner finally ceases to be so re- employed in Government service.
(3) A pensioner shall not accept any employment under a Government outside India, (or under an international organization of which the Government of India is not a member) except with the previous sanction of the Central Government. No pension shall be payable to a pensioner who accepts such an employment without such sanction in respect of any period for which he is so employed or for such longer period as the Central Government may determine : Provided that a pensioner who has been permitted by the Central Government to take up a particular employment
under a Government outside India during his leave preparatory to retirement shall not be required to obtain subsequent permission for continuance in such employment.
NOTE.-"Employment" under a "Government outside India" shall include employment under a local authority or corporation or any other institution or organisation which functions under the supervision or control of a Government outside India.
GOVERNMENT OF INDIA'S DECISIONS (1) These rules do not contain any provision regarding re-employment of retired Indian Administrative/Police Service officers. A question, therefore, arose by what rule their re-employment under State Government should be regulated.
(1.2) Indian Administrative/Police Service Officers arc treated as non-cadre officers after their retirement. Their re-employment in cadre posts shall be regulated byrule 9 of Indian Administrative/Police Service (Cadre) Rules, 1954. As regards re-employment in non-cadre posts, State Government rules will apply.189(2) A question having arisen, it was decided that reemployment of a member of service on the administrative staff of a university, does not come within the purview ofRule 26 of AIS (DCRB) Rules-, and no permission of the Government.of India is required.190(3) Re-employment under the State Government or body corporate or not, which is wholly or substantially controlled by State Government, or an Institute like the Indian Institute of Public Administration, does not come within the definition of 'commercial employment' and permission of the Government of India is not necessary.191(4) It has been decided that fixation of pay of re-employed IAS/IPS officers under the State Government will be regulated in accordance with Government of India, Ministry of Finance OM No. 8/E.II/57, dated the 25th November, 1958.192(5) Recently, a State Government had referred to the Central Government a request from a retired officer of an All India Service for permission to accept commercial employment within two years after retirement. While forwarding the case, the State Government informed the Government of India that, in view of the urgency represented by the officer, the State Government had permitted him to accept the employment provisionally in anticipation of the Central Government's approval subject to the condition that he should resign the appointment if the Government of India did not approve of such re- employment. As underrule 26(1) of the AIS (DCRB) Rules, 1958-, the responsibility of examining such cases and sanctioning permission has been cast upon the Government of India, State Governments are requested not to permit All India Services Officers to accept such commercial employment, in anticipation of Government of India's orders. As a matter of general policy, the Government of India are adverse to the acceptance of such commercial employment, by retired All India Services officer within two years of retirement.193(6) It has been decided that no permission is required for acceptance of Professorship at MIT Harward after retirement.194(7) It has been decided that the acceptance of appointment as Arbitrator does not constitute commercial employment.195(8) It has been decided that the reputation of the firm offering employment would also be a consideration which should be taken into account by the State Government with reference to the relevant five criteria. For instance, the fact that firm is blacklisted by Government will be one of the factors which will render the employment to be considered as not being of a thoroughly reputable kind.196(9) Employment of All India Service pensioner in a nationalised bank and State Bank of India and its subsidiaries will not amount to acceptance of commercial employment.(10) The question whether appointment of an All India Service pensioner in a private undertaking as a nominee Director by the Government or a public financial institution, amounts to acceptance of commercial employment underrule 26(1) of All India Services (DCRB) Rules-, has been under the consideration of this Department. It has been decided to lay down the following instructions for the information and guidance of State Government :- (1) Where the management of a private company is taken over by a public financial institution/State Governments/Central Government, the appointment of a retired member of an All India Service as Chairman/Director/Managing Director by the public financial institution or the Government should be construed as "employment under a corporation controlled by Government", as envisaged in Explanation 1 belowrule 26(1)-. Such an employment will not amount to commercial employment and the officer concerned will not be required to obtain prior permission of the Central Government.197(2) Where a public financial institution/ Government appoints a retired member of an All India Service as Chairman/Director/ Managing Director in a company, whose management continues in private hands, such employment will technically fall in the purview of expression "commercial employment". It is, however, not necessary to treat such employment on par with normal commercial employment as it is the Government or the public financial institution, as the case may be, that seeks to protect its interest through appointment of the retired member of the service as a nominee Director. The retired officer would be an appointee of the institution or the Government though he would receive his pay or fee from the private company. In such cases, approval of the Central Government for permitting the officer to accept the appointment in question underrule 26(1) of All India Services (DCRB) Rules, 1958-, could be presumed.
GOVERNMENT OF INDIA'S INSTRUCTIONS :198(1) While forwarding applications from individual offices for permission to accept commercial employment during leave preparatory to retirement or after retirement, the State Government/Ministry may clearly specify whether they are satisfied that each of the following criteria is fulfilled, viz. (i) Has the officer while in service had any such dealing with the proposed employer as might create the suspicion that he had shown favour to the latter ? (it) Will his commercial duties be such that his official knowledge and experience could be used to give the employer an unfair advantage ? (iii) Will his duties be such as might bring him into conflict with Government ? (iv) Is the proposed employment of a thoroughly reputable kind ? (v) Are there any exceptional circumstances which would make the refusal of consent a real hardship ? "They may also indicate the salary which the Officer expects to receive on accepting commercial employment.199(2) It has been decided that an All India Service Pensioner, who wants permission to take up commercial employment, underrule 26 of AIS (DCRB) Rules, 1958-, will have to indicate in his application the details of posts held by him under the Central Government any time before his retirement from service. Accordingly, the form of application for permission to accept commercial employment prescribed under the Ministry of Home Affairs Letter No. 11/1/68-AIS (II), dated the 23rd January, 1968 has been slightly amended and the revised form is annexed herewith.
200["(3) In granting or refusing permission under sub-rule (1) or sub-rule (2) to a pensioner for taking up any employment, the Central Government shall have regard to the following factors, namely:— (i) the nature of employment proposed to be taken up and the antecedents of the employer; (ii) whether his duties in the employment which he proposes to take up might be such as to bring him into conflict with Central Government and such other State Govemment(s) which the pensioner may have served;
(iii) whether the pensioner while in service had any such dealing with the employer under whom he proposes to seek employment as it might afford a reasonable basis for the suspicion that such pensioner had shown favours to such employer; (iv) whether the duties of the employment proposed involve liaison or contact work with Central Government departments and such other State Government(s) as the pensioner may have served; (v) whether his duties in the proposed employment will be such that his previous official position or knowledge or experience under Central or State Government could be used to give the proposed employer an unfair advantage; (vi) the emoluments offered by the proposed employer; and (vii) any other relevant factor.".]
Form of application in for permission to accept commercial employment within a period of two years after retirement 1. Name of the Officer .................................... (in Block Letters) 2. Date of retirement ..................................... 3-A. Particulars of the Ministry/Department/Offices in which the officer served during the last five years preceding retirement (with duration). ____________________________________________________________________________ Name of the Ministry/Department/Office Post held Duration __________________ From To ____________________________________________________________________________ 3-B. Details of posts held under the Central Government, not mentioned against item 3-A above. ______________________________________________________________________________________________________________________ Name of the Ministry/Department/Office Designation of Duration posts held ____________________________________________________________ From To ______________________________________________________________________________________________________________________ 4. Post held at the time of retirement and period for which held ..................................... 5. Pay scale of the post and the pay drawn by the officer at the time of retirement. Pensionary benefits
______________________________________________________________________________________________________________________ Pension expected/sanctioned (commutation, if any should be mentioned). Gratuity, if any 7. Details regarding commercial employment proposed to be taken up : ............................ (a) Name of the firm/company/cooperative Society etc. ........................................... (b) Whether the official had, during his official career, any dealings with the firm/etc. ..................................... Note: If the officer had no dealings with the firm, company, etc., in which employment is offered, it may also be indicated whether the officer had dealings with any other firm, company, etc., under the control of the proposed employer. If so, details may be given at "C" below. (c) Duration of Service of the officer dealings with the firm: .................................... (d) Name of the job/post offered : .................................... (e) Whether post was advertised, if not how was offer made: .................................... (f) Description of the duties of the job/post : .................................... (g) Does it involve liaison/contract work with Govt. Departments: ................................... (h) Remuneration offered for the post/job : ................................... 8. Any information which the applicant desires to furnish in support of his request: .................................... Station : Signature of the Officer Date:
RULE 27: ANTICIPATORY PAYMENTS
- (1) Where a member of the Service is likely to retire before his pension can be finally assessed and settled in accordance with these rules, the Accounts Officer shall sanction the disbursement to him of pension to which, after the most careful summary investigation that the Accounts Officer can make without delay, he believes the member of the Service to be entitled, on the basis of his verified qualifying service, provided that such disbursement shall be made only after the declaration specified in Schedule 'I' has been signed by the retiring member of the Service.
(2) If the Accounts Officer considers it likely that, in a case contemplated under sub-rule (1), the member of the Service would be entitled to gratuity only, one-sixth of the amount of gratuity which, after the most Careful summary investigation that the . Accounts Officer can make without delay, he believes the member of the Service to be entitled shall, upon a similar declaration, be disbursed to him monthly until the amount is finally settled or for six months, whichever period is less.
(3) The payment of the anticipatory pension or gratuity shall be so arranged that it is not delayed beyond the first of the month following the month in which the member of the Service is due to retire.
(4) If, upon the completion of regular investigation, it be found that the pension thus summarily assigned differs from the pension finally settled, the difference shall be adjusted in the first payment after such final settlement : Provided that if a gratuity summarily assigned sub-rule (2) proves to be larger than the amount finally settled, the retired member of the Service shall not be required to refund any excess actually paid to him unless otherwise decided by the State Government.
(5) Subject to the general conditions prescribed above the anticipatory payments of death-cumretirement gratuity and family pension may also be sanctioned to the extent of 3/4ths of the amounts clearly admissible on the basis of the qualifying service as verified up to the date of sanction, and after a declaration in the form given in Schedule 'I' has been signed by the recipient.
RULE 27A: REVISION OF PENSION AFTER AUTHORISATION
203-(i) Subject to the provisions of Rule 3 and Rule 6, pension once authorised after final assessment shall not be revised to the disadvantage of the member of the service, unless such a revision becomes necessary on account of detection of a clerical error subsequently: Provided that no revision of pension to the disadvantage of the pensioner shall be ordered by any Authority without the concurrence of the Department of Personnel and Training, if the clerical error is detected after a period of two years from the date of occurrence of such error.
(ii) For the purpose of sub-rule (1), the pensioner concerned shall be served with a notice by the sanctioning authority requiring him to refund the excess payment of pension within a period of two months from the date of receipt of notice by him.
(iii) In case the pensioner fails to comply with the notice, the authority competent to sanction pension/family pension shall, by order in writing, direct that such excess payment, shall be adjusted in instalments by short payments of pension in future in one or more instalments, as such authority may direct.
RULE 28: MISCELLANEOUS
- (1) The amount of pension shall be rounded off to next higher rupee.
(2) The retirement benefits under these Rules shall be drawn in rupees in India only.
(3) Application for the grant of retirement benefits under these Rules shall be made in such form as may be prescribed by the Central Government.
(4) The202[* *] payment of retirement benefits admissible under these Rules shall be regulated by such procedural instructions as may be issued by the Central Government.
(5) A person under these Rules shall be payable from the date on which the member of the Service quits service or from the date of his application for pension whichever is later: Provided that where satisfactory explanation is forthcoming for the delay in making an application for pension, the State Government may allow the pension to take effect from the date on which the member of the Service quits service.
(6) The claim of a member of the Service to the retirement benefits shall be regulated by the rules in force at the time when the member of the Service resigns, retires or is retired or discharged from service or where the member of the Service dies while in service immediately before death.
(7) The authorities competent to retire a member of the Service on different kinds of retirement benefits shall be those indicated in1[Schedule K.]
GOVERNMENT OF INDIA'S DECISIONS :204(1) The Government of India have decided that in regard to matters specified in sub-rule (4), the procedure contained in Part X of the Civil Service Regulations, i.e. Art. 905 et se will apply,205(2) It was decided that members of AIS non- Asiatic domicile cannot be permitted to draw pension in sterling. They will have to make their own arrangements for remittance of pension through normal banking channels.206(3) Instances have come to the notice of the Government of India when State Government in exercise of their extraordinary powers of terms of Art, 282 of the Constitution, sanctioned exgratia grants to the families of AIS officers dying in harness. The Attorney General of India and the Minsitry of Law, who were consulted by the Government of India, opined that though the State Governments were fully competent to determine "public purpose" within the meaning of Art. 282 and their action is not justifiable but any grant excess of those provided by the rules would, serve an individual purpose and not a public purpose. It would, therefore, be advisable that the State Governments, instead of invoking Art. 282 may, in individual cases, make recommendations to the Government of India for relaxation of D.C.R.B. Rules.207(4) A clarification has been sought whether or not the provisions contained inrule 32 of Central Civil Service (Pension) Rules, 1972, which lays down that when Government servant completes 25 years of service, his service should be verified and the result of the verification should be communicated to him, has been extended to All India Services. Sub-rule (4) ofrule 28 of All India Services (DCRB) Rules, 1958-provides that the sanction and payment of retirement benefits to a member of an All India Service shall be regulated by such procedural instructions as may be issued by the Central Government. In pursuance of this rule, the Central Government have decided that when a member of an All India Service completes 20 years of service, the Audit Officer shall verify the service rendered by him in accordance with the rules in force at that time and determine the qualifying service rendered by him and communicate the same to the officer concerned. This verification is subject to final verification of qualifying service which shall be made, if found necessary, at the time of retirement of a member of the Service.208(5) The Central Government have decided that the simplified procedure laid down in the Ministry of Finance OM No. 11(3)-EV(A)/76, dated the 28th February, 1976 (Annexure A) and No. 11(3)- (EV)(A)/76, dated the 6th May, 1976 (Annexure B) for the calculation of retirement benefits in the case of Central Government servants apply mutatis mutandis to members of All India Services.210ANNEXURE 'A'SUBJECT :- Simplification of procedures with a view to eliminating delays in the payment of superannuation pension and deathcum- retirement gratuity. The question of simplifying and expediting the procedures for the sanctioning and grant of pension to Central Government employees has been under Government's consideration. The President is pleased lo decide that the following modifications inthe CCS (Pension) Rules, 1972, and other relevant orders will come into effect from 1st March, 1976, that is, in respect of persons retiring on or after 29th February, 1976. 2. Time table for the work The payment of superannuation pension should in all cases commence on the first of the month in which they are due. For this purpose, Heads of Offices and others responsible for or connected with pension cases including those responsible for issuing pension payment orders, will be required to observe the following time-schedule for the various processes leading to the authorisation and payment of pension and gratuity. The Government's intention is that while the preliminary and preparatory work should be commenced sufficiently in advance and adequate time allowed for the various stages and processes of work, these should not be allowed to be unduly prolonged or to become interminable; to obviate this, firm cut-off dates are prescribed for each stage such that when a cut-off date is reached the work will then necessarily proceed to the next stage. (a) The Head of Office or other authority responsible for preparing the pension papers will initiate the pension case two years before the date of retirement of the Government servant. At this stage, the work will be essentially that of assembling the information necessary for working out the qualifying service (or, at a later date, the calculation of average emoluments). As most delays in pension cases arise from gaps, deficiencies and imperfections in the service bookrecords, every effort should be made at this stage to remove these, while, at the same time keeping in mind that what is intended is net a total overhaul or audit of the entire service book or records, but only a scrutiny limited to the immediate purpose on hand, namely the preparation of the pension papers. This process should be completed in good time and at any rate not later than 8 months in advance of the date of retirement of the Government servant. (b) On reaching that stage i.e. 8 months before the retirement date, the actual work of preparation of pension papers, viz. the recokning of qualifying service and the calculation of average emoluments, should be taken up. Any deficiency or imperfection or omission which still remains in the service records will be ignored at this stage and the determination of the qualifying service will be proceeded with on the basis of entries in the service records, whatever the degree of perfection to which it might have been possible to bring them by that time. (c) The average emoluments will be determined with reference to emoluments drawn during the last ten complete months and not 36 months as was the practice here-to-from (While the period to be taken for average calculations has been reduced the other provisions ofrule 34 of the CCS (Pension) Rules. 1972. will continue to apply mutatis mutandis). This work involves not merely an arithmetical calculation of the average emoluments but also a check of the correctness of the emoluments which enter into that calculation. The correctness of the emoluments on the first date of the ten-months period would naturally depend on the correctness of the emoluments prior to this date. However, any such check of the correctness of past emoluments, whether in the office preparing the pension papers or later in the office responsible for issuing the pension payment order, should not become an occasion for an extensive examination going back into the distant past; the check should be the minimum which is absolutely necessary, and it should in any case not go back to a period earlier than a maximum of 34 months preceding the date of retirement. (d) The process of determining the qualifying service and the average emoluments and the admissible pension and gratuity should be positively completed within a period of two months, and the pension papers should be sent to the one responsible for issuing the pension payment order not later than six months before the date of retirement. That office will, after the necessary scrutiny of the papers (limited to the immediate purpose on hand as mentioned in sub-paragraphs (a) and (c) above issue the pension payment order including the order for the payment of the death-cum-retirement gratuity) not later than one month in advance of date of retirement. (e) The time-schedule and procedures, mentioned above
will equally apply mutatis mutandis to those cases in which the office which is to issue the Pension Payment Order has also the responsibility for the preparation of pension papers. (f) In those cases in which the retirement of a Government servant takes place earlier than the normal date of compulsory retirement either in pursuance of the provisions of FR. 56(j) or (k) (and the corresponding provisions inthe CCS (Pension) Rules. 1972), or because of the deemed retirement in terms ofrule 37 of the CCS (Pension) Rules, 1972on the grounds of permanent absorption in a public sector undertaking autonomous bodies, the nature of the retirement would preclude advance action in regard to the pension case. In such cases too, the pension case would have to be processed very expeditiously, and instructions in this regard will be issued separately. 3. Extraordinary Leave and Suspension (a) Underrule 21 of the. CCS (Pension) Rules, 1972extraordinary leave granted on medical certificate qualifies for pension. The appointing authority may, at the time of grating extraordinary leave, also allow the period of such leave to count as qualifying for pension if the leave is granted to a Government servant: (i) due to his inability to join or rejoin duty on account of civil commotion, or (it) for prosecuting higher technical and scientific studies, extraordinary leave taken on other grounds is treated as non-qualifying, and therefore, a definite entry is to be made in the service records to that effect. Entries regarding service being qualifying or otherwise are required to be made simultaneously with the event. Even where this is not done, it should still be possible to rectify the omission during the period allowed for preparatory action, i.e., from two years in advance of the retirement date upto eight months before retirement. At the end of that period, however, (i.e. when the actual preparation of the pension papers is taken in hand as laid down in paragraph 2(b) above) no further inquiry into past events or check of past records should be undertaken. Specific entries in the service records regarding non-qualifying periods will be taken note of and such periods excluded from the service. All spells of extraordinary leave not covered by such specific entries will be deemed to be qualifying service. (b) Similarly,rule 23 of the CCS (Pension) Rules, 1972requires that in cases other than those in which suspension has been held to be wholly unjustified the competent authority should at the appropriate time declare whether and to what extent the period of suspension will count towards the qualifying service. Specific entries in this regard in the service book/records will be taken note of at the time of reckoning, qualifying service. In the absence of any specific entry, period of suspension shall be taken as counting towards the qualifying service. 4. Breaks in Service In the absence of a specific indication to the contrary in the service records, an interruption between two spells of service rendered under the Central Government including service aid out of Defence Services Estimates or Railways Estimates will be treated as automatically condoned and the pre-interruption service treated as qualifying service for pension, except where it is otherwise known that the interruption was caused by resignation, dismissal or removal from service or participation in a strike. The period of interruption itself will under no circumstances be reckoned as qualifying service for pension. 5. Deputation/Foreign Service (a) There are some cases in which, in accordance with the terms of deputation/foreign service, it is the responsibility and liability of the Government servant himself to maintain the continuity of pensionable service by the payment of pension contributions. In such cases, it will be necessary to ascertain whether the recoveries have been made, before the period of foreign service is reckoned as qualifying service. However, the Government servant is sometimes put to considerable difficulty because of defective or incomplete record maintenance by the administraive/accounts offices. In such cases, while he could be reasonably asked to show that he had indeed made the contributions, the adminsitrative authority should show a spirit of reasonableness and accommodation in evaluating and accepting such evidence as he is able to put forward, and not insist rigidly on formal proof with reference to service or accounts records for the maintenance of which the Government servant is not responsible. (b) Where, however, the responsibility for making pension contributions is that of the borrowing organisation and where either some of the contributions have not been recovered or the records in respect of the recoveries of such contributions are incomplete, while the authorities concerned should pursue the matter with the borrowing organisation separately for appropriate action, this should have no bearing on the processing and finalization of pension papers. 6. Administrative sanction to pension and the concept of approved service (a) It has been noticed that the submission of pension papers to the Head of the Department or Appointing Authority for adminsitrative sanction to pension with reference to a concept of approved service though this is largely a formality in the vast majority of cases, nevertheless leads to a good deal of delay in the finalization of pension cases. It has, therefore, been decided that the requirement of an administrative sanction to pension which is referred to in a number of places inthe CCS (Pension) Rules, should be dispensed with the determination of pension will thereafter be merely a matter of calculation in accordance with the rules, and the pension papers need not be submitted to the Head of the Department or the Appointing Authority. (b) However, the intention behind the provisions inrule 6 of the CCS (Pension) Rules, under which less than the full admissible quantum of pension/gratuity can be granted after a summary procedure in a particular case on the grounds of unsatisfactory service or conduct, is not proposed to be given up. Recourse to this provision will, obviously be had only in exceptional cases and for this purpose it is not considered necessary to submit all pension cases to the Head of the Department or the Appointing Authority or subject them to a process of administrative sanction. Instead, at the time when the preparation of pension papers is taken up, i.e. 8 months prior to the retirement date, the Head of the Office should address a separate inquiry to the Appointing Authority whether there is any intention to grant less than full pension or to institute any proceedings. (The pension papers need not be sent to that authority for this purpose). In the absence of a reply to this inquiry, the authority preparing the pension papers should assume that there is no intention to grant less than full pension/gratuity and should process the pension paper accordingly so as to transmit them by the prescribed deadline to the authority responsible for issuing the pension payment order. If, on the other hand, the appointing authority does decide that there is a case for granting less than the full admissible pension/gratuity the procedure laid down inrule 6 of the CCS (Pension) Rules, 1972should be followed, and this process should be positively completed before the deadline for sending the pension papers to the authority responsible for issuing the pension papers to the authority responsible for issuing the pension payment order is reached i.e., earlier than 6 months prior to the retirement date. (c) Where the responsibility for preparing the pension papers rests with an authority other than the Head of the Office concerned, it shall be the responsibility of the Head of the Office (or that of the next higher authority, where the pension case is that of the Head of the Office himself) to ascertain in advance from the appointing authority and communicate to the authority responsible for preparing the pension papers any intention to grant less than the full admissible pension/gratuity, not later than six months prior to the retirement date. Where no such intimation has been received the authority responsible for preparing pension papers will process the pension case on the assumption that full admissible pension and gratuity may be granted. 7. Right to withhold or withdraw pension (a) Nothing contained in para 6 above is intended to affect the provisions ofthe C.CS. (Pension) Rules, 1972which provide for the withholding or withdrawing of pension. (b) Where departmental or judicial proceeding instituted during the service of the Government servant are not likely to be finalised by the date of retirement, action to grant provisional pension in terms ofrule 65orrule 74 of the C.C.S. (Pension) Rules, 1972, should be taken so that the retiring Government servant not be put to undue hardship. The provisions of paragraph 8(c) below will not apply to provisional pensions granted in terms ofrule 65orrule 74 of the CCS (Pension) Rules, 1972. (c) If, after the pension papers have been forwarded to the office responsible for issuing the Pension Payment Order in accordance with the Provisions of paragraph 2(d) above, any event occurs which has a bearing on the amount of pension admissible, the fact shall be promptly reported to the office responsible for issuing the Pension and Gratuity Payment Orders. 8. Payment of Provisional Pension and Gratuity (a) The time table laid down in paragraph 2 above is intended to be followed stictly. If however, for any special reasons it has not been found possible to complete and forward the pension papers to the office responsible for issuing the Pension Payment Orders within the prescribed time Schedule in a particular case, or if the pension papers have been sent late to that office and/or that office has either returned the papers to the Head of Office for eliciting further information or has not been able to issue the Pension Payment Order before one month prior to the date of retirement of the Government servant, steps shall be taken by the Head of Office to authorize the payment of provisional pension and gratuity by the first of the month in which it is due. For this purposes, such information as is available in the official records may be used, and further, the Head of Office should ask the retiring Government servant, for a simple statement giving his total length of service (from the date of joining duty to the date of retirement indicating the period of breaks, if any) and also the emoluments during the last ten months of service. The retiring Government servant may also be asked to certify that the facts stated by him are correct to the best of his knowledge and belief. If complete information in regard to the emoluments drawn during the last ten months is not available either with the Head of Office or with the Government servant, the emoluments last drawn should be taken provisionally as average emoluments. The Head of Office shall sanction 100% of the pension calculated with references to the information so obtained as a provisional pension. The death-cum-retirement gratuity should similarly be determined. The provisional pension and gratuity will be drawn and disbursed by the Head of Office in respect of non-gazetted Government servants. Before disbursing the provisional gratuity, all known dues such as long-term advances still outstanding, over-payment of pay and allowance etc. and other recoveries due, shall be adjusted. Where no such adjustments are due, a deduction or 10% of the gratuity of Rs. 1,000 whichever is less, shall be made partly to cover unassessed dues if any, and partly as margin for adjustment in the light of the final determination of the gratuity. (b) At present, in respect of gazetted Government servants it is the Accounts Office which issues an Anticipatory Pension Payment Order where the final pension has not been determined. In modification of this it has been decided that in these cases, too, if the final pension payment order has not been issued by the Accounts Officer one month before the retirement date, the Government servants may ask the Head of Office for the drawal and disbursement of a provisional pension and gratuity. For this purpose, the procedure laid down in Cl. (a) will equally apply.. (c) Provisional Pension to become final after six months.- The provisional pension is not intended to be continued on provisional basis beyond a period of six months from the date of retirement. If the Office responsible for issuing the Pension Payment Order has not finalised the pension case by that time, the provisional pension shall be deemed to have become final and it will be obligatory for the Office concerned to issue the final Pension Payment Order for the amount of pension and gratuity already calculated on a provisional basis : and the deduction made from the gratuity as per sub-paragraph (a) above shall also be released subject to the provisions of paragraphs 9 and 10 below. 9. Last Pay Certificate The issue of a Last Pay Certificate should not be insisted upon before the payment of provisional pension. During the period of six months after retirement which has been provided for various purposes above, it should be possible for the Head of Office or other office concerned to issue the Last Pay Certificate to a Government servant. In cases in which the Last Pay Certificate has not been issued by the time the formal Pension/Gratuity Payments Orders are received (whether this happens prior to the retirement of the Government servant as per paragraph 2(d) above, or after his retirement and after the grant of a provisional pension), the Gratuity Payment Order will in any case include a provision for the withholding 10% of the gratuity or Rs. 1,000 whichever is less, pending the production of the Last Pay Certificate. 10. Adjustment of Government dues (a) Dues pertaining to Government accommodation.- The existing procedures for the issue of No Demand Certificates by the Directorate or Estates and the adjusted of dues pertaining to the continued occupation of Government accommodation after retirement will for the present continue. The question of the elimination of delays arising from these procedures is separately under consideration. (b) Dues other than those pertaining to Government accommodation.- In respect of other Government dues steps should be taken to ascertain or assess the outstanding dues when the processing of pension papers is taken up two years prior to the retirement date. As the next stage of the actual preparation of pension papers is reached only after a year and four months, there is ample time for ascertaining all kinds of government dues. Once that stage is reached i.e., eight months before the retirement of the Government servant, any further probing of records for recoveries due shall cover only a limited period i.e., not more than two years before the date of retirement. It should thus be quite possible for the Head of Office, or the Office which is to issue the Pension Payment Order, as the case may be, to ascertain or assess all the dues, particularly those pertaining to long-term advances such as house- building or conveyance advances, over-payments of pay and allowances, and such other dues, prior to the prescribed deadline for the issue of the Pension Payment/Gratutity payment orders or the Provisional pension/gratuity order. The pension papers should clearly indicate the total amount of outstanding dues which should be recovered out of the death-cum-retirement gratuity before authority for the payment of gratuity (whether final or provisional) is issued, and if, after the pension papers have been transmitted to the office responsible for issuing the Pension Payment Order, additional recoveries to be made from the gratuity come to notice, the fact shall be promptly reported to that office. In a case where no major recoveries are due, 10% of the gratuity or Rs. 1,000 has been withheld because there might be unasscssed Government dues, or because the gratuity has been provisionally paid as per paragraph 8(a) above, or because Last Pay Cetificate has not been received (see paragraph 9 above), the withheld amount shall automatically become payable on the expiry of the six months after retirement. The Head of Office (or the office issuing the pension and gratuity payment orders) shall indicate in the orders granting a provisional gratuity (or the final Gratuity Payment Order) itself the amount of gratuity withheld and add further that the withheld amount shall be released by the Office disbursing the pension without further instructions on the expiry of the period of six months from the date of retirement, unless instructions for the recovery of a specified sum or sums from the withheld amount are issued within the aforesaid period. 11. Accountability of officers charged with the maintenance of records. In taking the above decisions, Government have proceeded on the basis that in spite of every effort imperfections may remain in the records and procedures but that it would be unfair to a retiring Government servant if he had to suffer because of the lapses of those responsible for the proper maintenance of service records. The fact that under the new procedures the presumption will be in favour of the Government servant if the records are incomplete or deficient in any manner underlines the importance of ensuring the proper, regular and timely completion of all the service and accounts records by the offices concerned, so as to minimise the occasion for making such presumptions. It has accordingly, been decided that if, in future, service records are found to be incomplete or imperfect at the time of processing and finalising pension cases, those cases will not be delayed but the officials responsible for the maintenance of the records will be held accountable for any deficiencies, failure or omissions therein, and action will be initiated against them. The Heads of Department will ensure that these directions are complied with. 12. Monitoring and Reporting To keep an effective watch over the preparation and finalization of pension papers, a monitoring and reporting system will be introduced in the offices concerned. Separate general orders will follow in this respect. 13. The Pension Rules etc., may be deemed to stand amended by the order contained herein. Formal amendments will be issued in due course.21114. In so far as persons working in the Indian Audit and Accounts Department are concerned these orders have been issued after consultation with the Comptroller and Auditor General of India.SUBJECT :- Simplification of procedure with a view to eliminating delays in the payment of pension and gratuity. The undersigned is directed to refer to this Ministry's O.M. No. F. 11(3)-EV(A)/76, dated the 28th February, 1976, on the subject mentioned above, and to say that certain related issues have been separately under the consideration of the Government viz. (a) the manner in which pension cases which were pending on the date of effect of the aforesaid O.M. should be processed; (b) the application of the provisions of that O.M. to those cases of retirement on or after 29th February, 1976 in which the full two- year period envisaged in the time-table is not available; and (c) the manner in which pension papers should be processed in those cases in which retirement occurs ahead of the age of superannuation. Appropriate instructions in regard to these matters are laid down in the ensuing paragraphs. 2. Pending pension cases.- As the O.M. dated 28th February, 1976, was made applicable to persons retiring on or after 29th February, 1976, such provisions of that O.M. as involve a liberalisation of entitlements would not be applicable to those who had retired prior to 29th February, 1976. It is however, the Government's intention that the spirit and approach behind the procedural changes introduced in that O.M. should fully govern the processing of such pending pension cases. Even prior to the issue of that O.M.,the C.C.S. (Pension) Rules, 1972, required advance action in regard to pension cases to be initiated one year ahead of the date of the retirement, viderules 62,63&66; from July '75 onwards the advance action was to be initiated two years prior to the date of retirement, vide this Minsitry's notification No. F 11(1)-EV(A)/73, dated the 14th July, 1975. Moreover, even prior to the issue of the O.M. dated 28th February, 1976, the procedures in force were designed to facilitate the commencement of the payment of pension on the first of the month in which it is due; the P.M. of 28th February, 1976 merely sought to reinforce those intentions and objectives. In the light of the above, it has been decided that all pending pension cases of those who retired before 29th February, 1976 should be processed and finalised (where this has not been done already) strictly in accordance with the following instructions: (i) Where pension and death-cum-retirement gratuity have not yet been released even on a provisional basis, action to draw and disburse provisional pension and provisional death-cum-retirement gratuity should be taken forthwith and the payments should commence not later than 1st June, 1976. For this purpose, recourse may be had, if necessary, to the summary procedures laid down in paragraph 8(a) and (b) of the O.M. dated 28th February, 1976. (ii) A flat period of six months at the maximum (four months for the Head of Office and two months for the office which is to issue (PPO/GPO) will be allowed for the final determination of pension and gratuity; the issue of the LPC, the ascertainment and adjustment of recoverable balance of loans and advances and other Government dues, etc. Whatever the progress of work upto 29th February, 1976, the pension cases should be positively completed during the period of six months from 1st March, 1976, fully in conformity with the spirit of the O.M. dated 28th February, 1976; and the final pension and gratuity payment orders should be issued not later than 31st August, 1976. If the final PPO/GPO has not been issued by that date in any case, the provisions of paragraphs 8(c), 9 and 10 should be fully applicable. After 1st September, 1976, there should be no pending pension cases relating to any Government servant who retired prior to 29th February, 1976 (except those in which disciplinary proceedings are in progress). It shall be the responsibility of Heads of Departments to ensure that the dates laid down above are adhered to. 3. Cases of retirement on or after 29th February, 1976 in which the two-year time table is not feasible. (i) Some Government servants might have already retired on or after 29th February, 1976 and others might be due to retire on varying dates in the future but with less than two years to go. However, as already mentioned, the rules and orders in force prior to the issue of the O.M. dated 28th February, 1976 did require advance action to be taken to initiate pension cases one year prior to the date of retirement; and this was changed to two years by this Ministry's notification No. 11(1)-EV(A)/73, dated 14th July, 1975, There should, therefore, be no difficulty in processing the pension and gratuity in accordance with the time-table laid down in paragraph 2 (a) of the O.M. dated 28th February, 76, at least in all those cases in which the Government servants are due to retire in July, 77 or later (i.e., two years after the issue of the notification of 14th July, 1975 referred to above). (ii) In respect of Government servants who are due for retirement before July, 1977, it has to be presumed that in pursuance of the extent rules and orders, preparatory work on pension cases, must have started one year prior to the date of retirement. In cases where the preparatory work was not taken in hand, the work should be taken in hand immediately. To the extent that the two-year period envisaged in Cl. (a) of para 2 of the O.M. dated 28th February, 1976 is not fully available, the abridgement of the time table should take place essentially by a reduction of the time allotted to the first stage envisaged in the aforesaid clause, the other stages remaining unaltered; and the actual work of preparation of pension papers, viz. the reckoning of qualifying service and average emoluments should be taken in hand eight months before the date of retirement and the rest of the time-table applied accordingly. (iii) In respect of Government servants who are due to retire in the very near future (say within the next ten months) and in whose cases the preparatory work on the processing of the pension cases has not been taken in hand, the provision of the O.M. dated 28th February, 1976 would be fully applicable subject only to the practical limitation that the four separate stages envisaged in subparagraphs (a), (b), (c) & (d) of paragraph 2 of the O.M. would get compressed into one stage. The grant of provisional pension and provisional gratuity on the first of the month in which pension is due and the final settlement of the pension case ana all related matters within a period of six months from the date of retirement in terms of paragraphs 8,9 and 10 of the O.M. dated 28th February, 1976, would, of course, be mandatory. 4. Retirement ahead of the age of superannuation.- In case of retirement on a retiring pension under d. (j) or (k) under F.R. S6 or underrule 48 of the CCS (Pension) Rules, 1972, or retirements on invalid pension or compensation pension underrules 38and39respectively ofthe CCS (Pension) Rules, or retirement on absorption in or under a Corporation, Company or body underrule 37of those rules, it is not possible to anticipate the date of retirement and consequently it is not feasible to intitiate advance action in accordance with the two-year time table laid down in the O.M. dated 28th February, 1976. Nevertheless, this does not detract from the principle that the pension case had to be finalised as quickly as possible in such cases also. Action should be commenced immediately after the fact of the impending retirement of the government servant is known and the pension case and all other related matters and formalities should be fully completed not later than six months from the date of retirement. In such cases also, a provisional pension and death-cum-retircment gratuity should be drawn and disbursed on the first of the month in which the payment of pension falls due. For this purpose, the summary procedures laid down in Cl. (a) and (b) of paragraph 8 of the O.M. should be followed: and the provisions of Cl. (c) of that paragraph and paragraphs 9 and 10 would be equally applicable. 5. In so far as the porsons working in the Indian Audit and Accounts Department are concerned, these orders have been issued after consultation with the Comptroller and Auditor General of India. 6. The orders contained in the Ministry of Finance Office Memorandum No. 199(1)-EV(A)/65, dated the 7th October, 1965, No. F 23(1)-EV (A)/73, dated 18th June, 1973 and No. F. 23(1)-EV(A)/73, dated 17th June, 1975, regarding grant of ex-gratia payments to the families of Government servants travelling by Service Aircrafts or other Government aircrafts on duty and dying as a result of accident to the aircrafts were made applicable to the members of the All India Services with effect from 24th November, 1972 vide Department of Personnel and A.R. letter No. 25011/32/75-AIS(II), dated 4th October, 1975 (copy annexed).2127. The quantum of ex-gratia payment to the families of Central Government servants covered by the Ministry of Finance O.M. No. 23(1)-EV(A)/73, dated 18th June, 1973 and dated 17th June, 1975 has been enhanced from Rs. 40,000 to 1 lakh with effect from 1st November, 1977, vide Ministry of Finance (Department of Expenditure) O.M. No. 23(5)-EV (A)/78, dated 28th August, 1978 and the Department of Personnel and Administrative Reforms OM No. 23(15)-AB(A) 178, dated 12th March, 1980 (copies annexed). It has been decided that the orders contained in these two office Memoranda will apply mutatis mutandis to members of All India Services also with effect from the dates mentioned therein, namely 1st November, 1977 and 28th August, 1978. The orders regarding grant of ex-gratia payment to the families of the Central Government servants travelling by Service Aircrafts or other Government aircrafts on duty and dying as a result of accident to the aircrafts contained in the Ministry of Finance O.M. No. 23(1)-EV(A)/73, dated 18th June, 1973 and dated 17th June, 1975 were extended to the members of the All India Services vide DP & AR's letter No. 25011/32/75-AIS (11), dated 4th October, 1975 (copy annexed). The quantum of ex-gratia payment to the families of Central Government servants covered by the Ministry of Finance O.M., dated 18th June, 1973 and dated 17th June, 1975 has been enhanced from Rs. 40,000 to 1,00,000 with effect from 1st November, 1977 vide Ministry of Finance (Department of Expenditure) O.M. No. 23(15-EV (A)/78, dated 28th August, 1978 and the Department of Personnel and Administrative Reforms O.M. No. 2305)- EB(A)/78, dated 12th March, 1980 (copies annexed). It has been decided that the orders contained in these two office Memoranda will apply mutatis mutandis to members of All India Services also with effect from the dates mentioned therein, namely 1st November, 1977 and 28th August, 1978.SUBJECT :- Ex-gratia pension to the families of Government Servants travelling oy Service Aircraft or other Government aircrafts on duty and dying as a result of accident to the Aircraft.214The undersigned is directed to refer to the Ministry of Finance Office Memorandum No. 23(5)- EV(A)/78, dated the 28th August, 1978 on the above subject and to say that the bracket and the words "(other than those paid out of the Defence Services Estimates)" in Para I of the aforesaid O.M. will stand omitted with effect from the 28th August, 1978.SUBJECT :- Ex-gratia pension to the families of Government servants travelling by Service Aircraft or other Government aircraft on duty and dying as a result of accident to the aircraft. The undersigned is directed to refer to this Ministry's Office Memorandum No. 23(1)-EV(A)/73, dated the 18th June, 1973 and dated the 17th June, 1975 on the above subject and to say that in partial modification of the orders contained therein, the President is pleased to decide that the quantum of ex- gratia payment to the families of Government servants covered by the aforesaid orders (other than those paid out of the Defence Services Estimates) shall be enhanced from Rs. 42,000 to Rs. 1 lakh. 2. These orders will have effect from the 1st November, 1977.2153. In so far as the persons serving in the Indian Audit & Accounts Department are concerned, these orders have been issued after consultation with the Comptroller & Auditor General of India.SUBIBCT :- Ex-gratia payments to the families of Government servants travelling by Service Aircraft or other Government aircraft on duty and dying as a result of accident to the aircraft. Sir, I am directed to enclose herewith a copy each of the Office Memorandum No. 19 (1)-EV(A)/65, dated the 7th October, 1965, No. P. 23(1)-EV(A)/73, dated the 18th June, 1973 and No. F. 23(1)- EV(A)/73, dated the 17th June, 1975, issued by the Ministry of Finance (Department of Expenditure), on the subject mentioned above and to say that these provisions will apply mutatis mutandis to the members of the All India Services, and will have effect from 24th November, 1972. 2. It is clarified that the concurrence of the Ministry of Finance would not be necessary for granting ex-gratia payments in terms of the Office Memoranda quoted in the first paragraph in those cases where the members of the All India Services were working under the State Governments at the relevant time.2163. It is also clarified that ex-gratia payments in terms of the orders referred to in paragraph I above can be made even if the journeys are undertaken by aircraft belonging to the State Governments.SUBJECT :- Ex-grana payment to the families of Government servants travelling by Service Aircraft or other Government aircraft on duty and dying as a result of accident to the aircrafts. The undersigned is directed to refer to the Ministry of Pinance Office Memorandum No P. 19(1)- EV(A)/65, dated the 7th October, 1975 (copy enclosed for ready reference) on the above subject and to say that in partial modification of the orders contained therein the President is pleased to decide that the amount of ex-gratia payments to the families of the Government servants travelling by Service Aircraft or other Government aircraft on duty and dying as a result of the accident to the aircrafts will be at the uniform rate of Rs. 42,000 in each case. These orders shall also be applicable to the members of the crew of the Government aircraft. 2. These orders will have effect from the 24th November, 1972. 3. In so far as persons serving in the Indian Audit and Accounts Department are concerned, this issues with the concurrence of the Comptroller and Auditor General of India. Copy of Ministry of Finance (Department of Expenditure) Office Memorandum No. F. 9(1)-EV(A)/65, dated the 7th October, 1965 regarding ex-gratia payments to the families of Government servants travelling by Service Aircraft on duty and dying as a result of accident to the aircraft. The death of a Government servant as a result of an accident, while travelling by air on duty, is treated as being due to 'special risk of office' for the purposes of Central Civil Services (Extraordinary Pension) Rules. His family is in that event entitled to the pension and gratuity admissible under those rules. If death occurs while travelling by a commercial plane operated by the Indian Airlines Corporation, the family is likely to receive an ex-gratia payment from the Corporation. No such cover is, however, available if the death occurs in an accident while travelling on duty by Service aircraf. The question of giving compensation in such cases has been under the consideration of the Government. It is felt that the benefits to the families of Government Servants involved in fatal accidents, while travelling as Passengers by Service aircraft in the course of the performance of their official duties, should be on par with those available to the families of similar personnel travelling by IAC planes as fare-paying passengers. It has, therefore, been decided that the families of such personnel may be given an ex-gratia payment upto Rs. 42,000 in addition to the benefit admissible under the Extraordinary Pension Rules. This payment would of a purely exgratia nature. It will be sanctioned in each case with the concurrence of the Ministry of Pinance. 2. The grant of the aforesaid ex-gratia payment will be without prejudice to the bond required to be executed by Civilian Government servants indemnifying Government against any claims on account of death etc. while in flight by Service aircraft.2173. In so far as person serving in the Indian Audit and Accounts Department are concerned, this issues with the concurrence of the Comptroller and Auditor General of India.SUBJECT :- Ex-gratia payments to the families of Government servants travelling by Service Aircraft or other Government aircraft on duty and dying as a result of accident to the aircrafts. The undersigned is directed to refer to the Ministry's Office Memorandum of even number dated the 18th June, 1973 on the above subject and to say that the President is pleased to clarify that the provisions contained in the aforesaid Office Memorandum shall apply to the following types of air journeys also, subject to such journeys being undertaken by a Government servant while on duty in public interest:- (i) Air journeys on test flights; and (ii) Air journeys by non-schedule flight in chartered planes. 2. These orders will have effect from the 24th November, 1972. 3. In so far as persons serving in the Indian Audit and Accounts Department are concerned, this issues with the concurrence of the Comptroller and Auditor General of India.2188. In connection with the procedure to be followed for regulating payment of retirement benefits under sub-rule (4) ofrule 28 of the All India Services (Death-cum- Retirement Benefits) Rules, 1958-, it has been clarified that a Secretary to the State Government is not competent to authenticate any document in the name of the President of India unless he has been specifically authorised to do so under the Authentication (Orders and other Instruments) Rules, 1958. In view of this, wherever the various forms etc. prescribed under the Central Civil Services (Pension) Rules, 1972 are used by the State Government in the case of members of All India Services, the expression "on behalf of President of India" used in such form etc. may be substituted by the expression 'on behalf of Governor".9. In supersession of the Department of Personnel & A.R. letters No. 25011/9/79-AIS(II), dated the 5th September, 1979 and 11th November, 1980, it has been decided to lay down the following procedure for preparation of pension papers and issue of pension payment orders in the case of I.A.S. and I.P.S. officers borne on the Union Territories Cadre:- (i) Officers retiring from service while working under Union Terriory Administrations.-The Union Territory Administration concerned will prepare pension papers and the Accounts Officer accredited to the UT Administration will issue the pension payment order. (ii) Officers retiring from service while on deputations to Central Ministries/Departments.-The borrowing Ministry/Department of the Govt. of India will prepare the pension papers and the Accounts Officer accredited to them will issue the pension payment
order. (iii) Officers retiring from Service while on foreign service or inter-cadre deputation to a State Government--The Delhi Administration will prepare the pension papers and the P.A.O. No. VI Tis Hazari under the Controller of Accounts, Delhi Administration, will issue the pension payment order.2192. In so far as members of Indian Forest Service borne on the Union Territories Cadre are concerned instructions will be issued separately.
RULE 29: INTERPRETATION
-If any question arises as to the interpretation of these rules, the Central Government shall decide the same.
RULE 30: REPEAL
-All rules corresponding to these rules in force immediately before the ecommencement of these rules are hereby repeated.]
SCHEDULE 01: SCHEDULE A
* * *]
SCHEDULE 02: SCHEDULE B
* * *]
SCHEDULE 03: SCHEDULE C
(a) Form of Medical Certificate in India The form of the certificate to be given respecting a member of the Service in India is as follows :- "Certified that we have carefully examined A.B. son of C.D..............holding the post of................under the Government......................................His age is by his own statement...........................years, and by appearance about years. We consider A.B. to be completely and permanently incapacitated for further service of any kind in the Indian Administrative Service/Indian Police Service in consequence of......................(here state disease or cause). His incapacity does not appear to us to have been caused by irregular or intemperate habits." Note.-(If the incapacity is obviously the result of intemperance, substitute for the last sentence : "In our opinion his incapacity is the result of irregular or intemperate habits.") (If the incapacity does not appear to be complete and permanent, the certificate should be modified accordingly and the following addition should be made. 'We are of opinion that A.B. is fit for further service of a less laborious character than that which he has been doing (or may, after resting for.................months, be fit for further service of a less laborious character than that which he has been doing). (b) Form of Medical Certificate in countries outside India The form of the medical certificate given by the Medical Board attached to the Indian mission abroad in respect of a member of the Service in a station outside India is as follows :- "We have carefully examined A.B.........................taking into account all the facts of the case as well as his present condition, we consider that A.B., is permanently incapacitated for further service in India." NOTE.-(If the incapacity is obviously the result of intemperance add the following sentence at the end:- "In our opinion his incapacity is the result of irregular intemperate habits.")
SCHEDULE 04: NOMINATION FOR DEATH CUM—RETIREMENT GRATUITY (WHEN THE MEMBER OF THE SERVICE HAS A FAMILY AND WISHES TO NOMINATE ONE MEMBER THEREOF)
I hereby nominate the person mentioned below who is a member of my family and confer on him the right to receive any death-cum-retirement gratuity that may be sanctioned by State Government in the event of death while in service and the right to receive on my death, any gratuity which having become admissible to me on retirement may remain unpaid at my death.______________________________________________________________________________________________________________________ Name and Relationship Age Contingencies on Name, address and rel- Amount of share address of with the member the happening of ationship of the person of gratuity payable nomine of the Service which the nomi- or persons if any, to to each* nation shall be- whom the right con- come invalid fened on the nominee shall pass in the event of the nominee prede- ceasing the member of the Service, or the nominee dying after the death of the mem- ber of the Service but before receiving pay- ment of the gratuity, ___________________________________________________________________________________________________________________ 1 2 3 4 5 6
___________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________ This nomination supersedes the nomination made by me earlier on..............which stands cancelled. Dated this ............................day of..................19 at................. Witnesses to Signature: 1................... 2................... Signature of the member of the Service.*This column should be filled in so as to cover the whole amount of gratuity.
SCHEDULE 05: SCHEDULE E
] Nomination for Death-cam-Retirement Gratuity (When the member of the Service has a family and wishes to nominate more than one member thereof) I hereby nominate the persons mentioned below, who are members of my family, and confer on them the right to receive, to the extent specified below, any death-cum-retirement gratuity that may be sanctioned by State Government in the event of my death while in service and the right to receive on my death, to the extent specified below, any gratuity which having become admissible to me on retirement may remain unpaid at my death :___________________________________________________________________________________________________________________________ Name and Relationship Age Amount or share Contingencies Name, address +Amountor address of with the mem- of gratuity pay- on the happe- and relationship share of gra- nominees ber of the Ser- able to each* ning of which the of the person or tuity payable vice nomination shall persons if any, to to each become invalid whom the right conferred on nominee shall pass in the event of the nominee predeceasing the member of the Service or the nominee dying after the death of the member of the Service but before recei- ving payment of the gratuity. ____________________________________________________________________________________________________________________________ 1 2 3 4 5 6 7
____________________________________________________________________________________________________________________________ _______________________________________________________________________________________________________________________________ nomination supersedes the nomination made by me earlier on..............which stands cancelled. Dated this ............................day of.................19 at................. Witnesses to Signature: 1................... 2................... Signature of the member of the Service. __________________________________________________________________________________________________________ N.B.-The officer shall draw lines across the blank space below the last entry to prevent the insertion of any name after he has signed. *This column should be filled in so as to cover the whole amount of gratuity. $The amount/share of gratuity shown in this column should cover the whole amount/share
payable to the original nominees.
SCHEDULE 06: NOMINATION FOR DEATH CUM RETIREMENT GRATUITY
(When the member of the Service has no family and wishes-to nominate one person) I, having no family, hereby nominate the person mentioned below and confer on him the right to receive any death-cumretirement gratuity that may be sanctioned by the State Government in the cent of my death while in service and the right to receive on my death and gratuty which having become, admissible to me on retirement may remain unpaid at my death.___________________________________________________________________________________________________________________ Name and Relationship Age Contingencies on Name, address and ret Amount of share address of with the member the happening ationship of the person of gratuity payable nominee of the Service of which the nomi- or persons if any, to to each* nation shall become whom the right conferred invalid on the nominee shall pass in the event of the nominee predeceasing the member of the Service the nominee dying after the death of the member of the Service but before receiving payment of the gratuity.______________________________________________________________________________________________________________________ 1 2 3 4 5 6
______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ This nomination supersedes the nomination made by me earlier on..............which stands cancelled. Dated this ............................day of............-.....19 at................. Witnesses to Signature: 1. .................... Signature of the member of the Service.
SCHEDULE 07: NOMINATION FOR DEATH CUM RETIREMENT GRATUITY
(When the member of the Service has-no family and wishes to nominate more than one persons) I, having no family, hereby nominate the persons mentioned below and confer on them the right to receive to the extent specified below, any death-ciwi-retirement gratuity that may be sanctioned by State Government in the event of my death while in service and the right to receive on my death, to the extent specified below any gratuity which having become admissible to me on retirement may remain unpaid at my death._____________________________________________________________________________________________________________ Name and Relationship Age Contingencies on Name, address and rel Amount of share address of with the mamber the happening ationship of the person of gratuity pay- nominee of the Service of which the nomi- or persons if any, to able to each* nation shall be- whom the right con- come invalid ferred on the nominee shall pass in the event of the nominee prede- ceasing the member of the Service the nomi- nee dying after the death of the member of the Service but be- fore receiving payment of the gratuity. _________________________________________________________________________________________________________________________ 1 2 3 4 5 6
_________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________ This nomination supersedes the nominations made by me earlier on..............which stands cancelled. Dated this ............................day of.-................19 at................. Witnesses to Signature: 1. ..................... 2. Signature of the member of the Service. N.B.- The officer should draw lines across blank space below the last entry to prevent the insertion of any name after he has signed. *This column should be Filled in so as to cover the whole amount of gratuity. $The amount/share of gratuity shown in this column should cover the whole amount/share payable to the original nominees.
SCHEDULE 08: NOMINATION FOR FAMILY PENSION
I hereby nominate the persons mentioned below who are members of my family, to receive, in the order shown below, the family pension which may be granted by State Government in the event of my death after completion of 10 years qualifying
service._____________________________________________________________________________________________________________ Name and addless Relationship with the Age Whether married or of nominee member of Service unmarried
_____________________________________________________________________________________________________________ ______________________________________________________________________________________________________________ "This nomination supersedes the nomination made by me earlier on..............which stands cancelled. Dated this ............................day of..................19.......at................. Witnesses to Signature: 1. .................. 2. Signature of the member of the Service. ________________________________________________________________________ _____________________________________ N.B.-The officer should draw lines across blank space below the last entry to prevent the insertion of any name after he has signed. ______________________________________________________________________________________________________________
SCHEDULE 09: DECLARATION FORM
Whereas the.................(here state the designation of the officer sanctioning the advance) has consented provisionally, to advance to me the sum of Rs................a month/Rs...........in anticipation of the completion of the enquiries necessary to enable the Government to fix the amount of gratuity/pension/death-ciwi-retirement gratuity/family pension, payable to me *(as the nominee/legal heir of Shri..................). I hereby acknowledge that, in accepting this advance I fully understand that any gratuity/pension/death-cuw-retirement gratuity/family pension payable to me is subject to revision on the completion of the necessary formal enquiries and I promise to base no objection to such revision on the ground that the provisional gratuity/pension/death-ciwi-retirement gratuity/family pension now to be paid to me exceeds the gratuity/pension/death-cu/n-retirement gratuity/ family pension which may be finally sanctioned to me. I further promise to repay any amount advanced to me in excess of the gratuity/pension/death-ciwi-retirement gratuity/family pension that may be finally sanctioned to me. Singnature.............. Designation (if a Government Servant)....... Station........... Witnesses to signature: (With address). ____________________________________________________________________________________________ words in brackets may be omitted where inapplicable.
SCHEDULE 10: DETAILS OF FAMILY
Name of the member of the Service : Designation: Date of birth: Date of appointment: Details of the members of my family 'as on; _________________________________________________________________________________________ S.No. Name of the member of Date of Relationship with the Remarks Family* birth officer _________________________________________________________________________________________ 1 2 3 4 5
_________________________________________________________________________________________ I hereby undertake to keep the above particulars up-to-date by notifying to the State Government/Accounts Officer any addition or alteration. Place : Signature of the member of Service Date: *Family for this purpose means family as defined in sub-rule(14) of rule 22d.
SCHEDULE 11: AUTHORITIES COMPETENT TO RETIRE A MEMBER OF THE SERVICE ON VARIOUS KINDS OF RETIREMENT BENEFITS
_______________________________________________________________________________ Nature of Retirement Benefits Authority Competent to Retire
_______________________________________________________________________________ (i) Proportionate pension under rule 7 Central Government and death-cwn-retirement gratuity where admissible. (ii) Invalid gratuity or pension under State Government after rule 13 and death-ciwi - retirement obtaining the concurrence gratuity where admissible, of the Central Government.__________________________________________________________________________________________ 1 2 ___________________________________________________________________________________________ [(iii) @Superannuation pension or gratuity State Government under sub-rule (4) of rule 16 and deathciwi- retirement benefits where admissible. (iv) Retiring pension under rule 17[read State Government. with rule 16(2), 16(2-A)] and death- ciwi-retirement gratuity where admissible. (iv-a) Retiring pension under rule 17read Central Government in with rule 16(3)] and death-cum- consultation with the retirement gratuity where admissi- State Government con- ble. concerned. (v) Family Pension under rule 22,22A State Government. and 22B] and death-ciwi-retirement gratuity where admissible.
SCHEDULE L FORM A/APPLICATION TO ACCEPT COMMERCIAL EMPLOYMENT
1. Name ............................................................................................. (in block letters) 2. Date of retirement ............................................................................................. 3. Ministry/Department/Office in which the officer served during the last five yeai preceding retirement (with duration): Name of the Ministry/ Post held Duration Department/Office from to 4. Post held at the time of retirement and period for which held .............................................................. 5. Pay scale of the post and pay drawn by the Officer at the time of retirement ............................................................... 6. Pensionary benefits:____ __ __ __ __ __ __ __ Pension expected/sanctioned (commutation, if Gratuity, if any any, should be mentioned)___________ _________________ 7. Details regarding commercial employment proposed to be taken up— (a) Name of the firm/company/co-operative society, etc. ...................................................... (b) Type of business carried out and products being manufactured by the firm/company/co-operative society, etc. ...................................................... (c) Whether the officer had during his official career, any dealings with the firm company/co-operative society, etc. ...................................................... (d) Duration and nature of the official dealings with the firm/company/co- operative society, etc. ...................................................... (e) Name of the job/post offered by the firm/company/co-operative society, etc. ...................................................... (f) Whether post was advertised, if not, how was offer made (attach details of the advertisement, and a copy of the offer of appointment, if any) ..................................................... (g) Description of the duties of the job/post ..................................................... (h) Remuneration offered for post/job ...................................................... (i) If proposing to set up a practice, indicate— (0
professional qualification/in the field of practice ..................................................... (ii) nature of proposed practice ..................................................... 8. Any information which the applicant desires to furnish in support of his request ....................................................... 9. Declaration:— I hereby declare that— (i) the employment which I propose to take up will not bring me into conflict with the functioning of the Government; (ii) my commercial duties will not be such that my previous official position or knowledge or experience under Government could be used to give my proposed employer an unfair advantage; (iii) my commercial duties will not involve liaison or contact with Government departments. Address: Place: Dated: Signature of the Applicant".
2. Subs. by D.P. and A.R. order No. 31/7/72-A.I.S. (III), dated 22nd May, 1973.
4. [G.I., M.H.A. letter No. 2/16/56-AIS(111), dated 1st August, 1957, read with 2/5/58-AIS(111),
dated 28th November, 1958, and 2/21/60-AIS(111), dated 27th June, 1960.1
5. [G.I., M.H.A. letter No. 2/41/57-AIS(111) dated 12th July, 1958, read with letters 2/81/59-AIS
(111), dated 1st March, 1960, 2/35/60 AIS(III) dated 30th July 1960 and 2/10/59-AIS(111) dated 9th
August, 1960)
6. [G.I, M.H.A. letter No._2/16/56-AIS(lll) dated 1st August, 1957 read with l/16/56-AIS(m) dated
12th July, 1958.1
7. [G.l" M.H^. letter No. 2/11/58-AIS(110, ttated 2iKl September, 1959.)
178. Substituted for " 4 [(2) Subject to the provisions of rule 22C the scale of family pension admissible
shall be as follows :- (i) where the pay of the member of the service is rupees three thousand or less,
twenty per cent of pay subject to minimum of rupees four hundred Fifty per month, (ii) where the pay of
the member of the service is more than rupees three thousand, fifteen per cent of pay subject to a
minimum of rupees six hundred and maximum of rupees one thousand two hundred fifty per month.] ",
vide " ALL INDIA SERVICES (DEATH-CUM-RETIREMENT BENEFITS) RULES, 1958" Dt.19th
December, 1997 Published in Ministry of Personnel, Public Grievances and Pensions (Deptt of
Personnel and Training), Noti. No. G.S.R. 717(E), dated December 19, 1997, published in the Gazette
of India, Extra., Part II, Section 3(i), dated 19th December, 1997, pp. 5-6, No. 501 [F. No.
25011/24/97-AIS-11-A][L]
179. Substituted for " (ii) in the case of son, until he attains the age of 21 years, and ", vide " ALL
INDIA SERVICES (DEATH-CUM-RETIREMENT BENEFITS) RULES, 1958" Dt.19th December,
1997 Published in Ministry of Personnel, Public Grievances and Pensions (Deptt of Personnel and
Training), Noti. No. G.S.R. 717(E), dated December 19, 1997, published in the Gazette of India,
Extra., Part II, Section 3(i), dated 19th December, 1997, pp. 5-6, No. 501 [F. No. 25011/24/97-AIS-
11-A][L]
180. Substituted for " (iii) in the case of an unmarried daughter, until she attains the age of twenty four
years or until she gets married, whichever is earlier: Provided that if the son or daughter of a member of
the service is suffering from any disorder or disability of mind or is physically crippled or disabled so as
to render him or her unable to earn a living even after attaining the age of 21 years in the case of a son
and 24 years in the case of a daughter, the family pension shall be payable to such son or daughter for
life subject to the following conditions, namely :- (a) if such son or daughter is one among two or more
children of the member of the service, the family pension shall be initially payable to the minor children in
the order set out in clause (iii) of sub-rule (5) of this rule until the last minor child attains the age of 21 or
24 years, as the case may be, and thereafter the family pension shall be resumed in favour of the son or
daughter suffering from disorder or disability of mind or who is physically crippled or disabled and shall
be payable to him or her, for life; (b) if there are more than one such son or daughter suffering from
disorder or disability of mind or who are physically crippled or disabled, the family pension shall be paid
in the following order, namely :- (i) Firstly to the son, and if there are more than one son the younger of
them will get the family pension only after the life time of the elder; (ii) Secondly, to the daughter, and if
there are more than one daughter the younger of them will get the family pension only after the lifetime of
the elder; (c) the family pension shall be paid to such son or daughter through the guardian as if he or she
were a minor; (d) before allowing the family pension for life to any such son or daughter, the sanctioning
authority shall satisfy that the handicap is of such a nature as to prevent him or her from earning his or her
livelihood and the same shall be evidenced by a certificate obtained from a medical officer not below the
rank of a Civil Surgeon setting out, as far as possible the exact mental or physical conditions of the child;
(e) the person receiving the family pension as guardian of such son or daughter shall produce every three
years a certificate from a medical officer not below the rank of a Civil Surgeon to the effect that he or
she continue lo suffer from disorder or disability of mind or continues to be physically crippled or
disabled. ", vide " ALL INDIA SERVICES (DEATH-CUM-RETIREMENT BENEFITS) RULES,
1958" Dt.19th December, 1997 Published in Ministry of Personnel, Public Grievances and Pensions
(Deptt of Personnel and Training), Noti. No. G.S.R. 717(E), dated December 19, 1997, published in
the Gazette of India, Extra., Part II, Section 3(i), dated 19th December, 1997, pp. 5-6, No. 501 [F.
No. 25011/24/97-AIS-11-A][L]
181. Inserted vide " ALL INDIA SERVICES (DEATH-CUM-RETIREMENT BENEFITS) RULES,
1958" Dt.19th December, 1997 Published in Ministry of Personnel, Public Grievances and Pensions
(Deptt of Personnel and Training), Noti. No. G.S.R. 717(E), dated December 19, 1997, published in
the Gazette of India, Extra., Part II, Section 3(i), dated 19th December, 1997, pp. 5-6, No. 501 [F.
No. 25011/24/97-AIS-11-A][L]
175. [G.I. MHA letter No. F. 29/74/63-AIS(II), dated 25th February, 1964.]
177. [G.I. MHA letter No. 29/5/56-AIS(11), dated 23rd February, 1966.]
176. [G.I MHA No. 29/5/66-ASI(III), dated 1st April, 1967.]
184. The word ["sanction of the central government"] substituted by All India Services (Death-cum-
Retirement Benefits) Amendment Rules, 2001.Ministry of Personnel, Public Grievances and Pensions
(Deptt. of Personnel and Training), Noti. No. G.S.R. 35S(E), dated May 10, 2001, published in the
Gazette of India, Extra., Part II, Section 3(i), dated 14th May, 2001, pp. 8-11, No. 235 "sanction of the
Central Government"
187. Subs. by Subs. by DP & AR Notification No. 25011/12/82-AIS(II), dated 16th July, 1983 i.e.
(GSR No. 557. dated 30th July, 1983.
189. [F.NO. 10/7/62-AIS(II).]
190. [MHA letter No. 10/3/62-AIS(II), dated 23rd April, 1962 & F. No. 11/18/62-AIS(II).]
191. [MHA letter No. 13/19/58-AIS(III), dated 26th June, 1959 and F. No. 1/5/62-AIS(II).]
192. [G.I. MHA letter No. 11/10/63-AIS(II), dated the 16th August, 1963.]
193. [File No. 26013/4/75-AIS(II).]
194. [File No. 17/7/72-AIS(II).]
195. [G.I. DP & AR Letter No. 26013/2/75-AIS(II), dated 14th February, 1975.]
196. [DP & AR File No. 18/19/73-AIS(II).]
197. [DP & AR Letter No. 26013/17/77-AIS(II), dated 4th January, 1978.]
198. [GI., MHA letter No. 11/20/159-AIS(11), dated 7th August, 1959.]
199. [D.P. & A.R. letter No. 26013/22/78-AIS(II), dated 16th August, 1979.] ANNEXURE TO DP
& AR LETTER NO. 26013/22/78-MS(II), DATED 16TH AUGUST, 1975
200. sub-rule 3 shall be inserted by All India Services (Death-cum-Retirement Benefits) Amendment
Rules, 2001. Ministry of Personnel, Public Grievances and Pensions (Deptt. of Personnel and Training),
Noti. No. G.S.R. 35S(E), dated May 10, 2001, published in the Gazette of India, Extra., Part II,
Section 3(i), dated 14th May, 2001, pp. 8-11, No. 235.
203. Inserted vide " ALL INDIA SERVICES (DEATH-CUM-RETIREMENT BENEFITS) RULES,
1958" Dt.19th December, 1997 Published in Ministry of Personnel, Public Grievances and Pensions
(Deptt of Personnel and Training), Noti. No. G.S.R. 717(E), dated December 19, 1997, published in
the Gazette of India, Extra., Part II, Section 3(i), dated 19th December, 1997, pp. 5-6, No. 501 [F.
No. 25011/24/97-AIS-11-A][L]
202. Omitted by Notification No. 25011/13/80-A.I.S.(II), dated 11th September, 1980 i.e. G.S.R.
978, dated 27th September, 1980.
204. [G.L. MHA letter No. 20/10/16-AIS(II), dated 21st February, 1961.]
205. [G.I., MHA F. No. 29/36/62-AIS(II).]
206. [G.I., MHA F. No. 29/52/60-AIS(II) and No. 29/30/62-AIS (III).]
207. [DP & AR letter No. 25011/48/78-AIS(II), dated 6th November, 1978.]
208. [DP & AR File No. 11024/4/76-AIS(II).]
210. Copy of Ministry of Finance Office Memorandum No. 11(3)-E.V.(A)/76, dated the 28th
February, 1976.
211. Copy of Ministry of Finance OM No. F. 11(3)-EV(A)76, dated 6th May, 1976.
212. [D.P. & A.R. letter No. 25011/22/8&-AIS(II), dated the 8th July, 1980.]
213. ANNEXURB TO DP & AR LETTER No. 25011/22/80-AIS(II), DATED 8TH JULY, 1980.
Copy of Ministry of Home Affairs, Department of Personnel and Administrative Reforms O.M. No.
25011/22/80-AIS(II), dated 12th March, 1980.
214. Copy of Ministry of Finance, Department of Expenditure O.M. No. 23(5)-EV(A)/78, dated the
28th August, 1978.
215. Copy of Cabinet Secretaries, Department of Personnel and Administrative Reforms Letter No.
25011/32/75- AIS(1I), dated 4th October, 1975.
216. Copy of a Office Memorandum No. F. 23(1)-E.V.(A)/ 73, dated the 18th June, 1973 from
Government of India Ministry of Finance (Department of Expenditure) ? All Ministries of the
Government of India, etc.
217. Copy of a Office Memorandum No. F. 23(1)-EV(A)/13, dated 17th June, 1975 from Government
of India Ministry of Finance (Department of Expenditure) to All Ministries of the Government of India,
etc., etc.
218. [D.P. & A.R. letter No. 25011/6/81-AIS(II), dated the 28th February, 1981.]
219. [D.P. & AR letter No. 25011/4/83-AIS(III), dated 11th July, 1984.]
ALL INDIA SERVICES (HOUSE BUILDING ADVANCE) RULES, 1978
In exercise of the powers conferred by sub-rule (1) of Sec. 3 of the All India Services Act, 1951 (61 of 1951), the Central Government after consultation with the Governments of the States concerned, hereby makes the following rules, namely:-
RULE 01: SHORT TITLE AND COMMENCEMENT
- (i) These rules may be called the All India Services (House Building Advance) Rules, 1978.
(ii) They shall come into force on the date of their publication in the Official Gazette.
RULE 02: DEFINITION
- In these rules, unless the context otherwise requires, "member of the Service" means a member of an All India Service, as defined inSec. 2 of the All India Services Act, 1951 (61 of 1951)-
RULE 03: REGULATION OF HOUSE BUILDING ADVANCE
- A member of the Service shall be eligible to the grant of House Building Advance at such rates, and subject to such conditions as may be specified by the Central Government from time to time in respect of officers of the Central Civil Services, Group 'A': Provided that such member may elect to the grant of House Building Advance at such rates subject to such conditions as may be specified from time to time by the State Governments or State Governments on whose cadre he is borne in respect of officers of the State Civil Services, Class 1.
RULE 04: INTERPRETATION
- If any question arises as to the interpretation of the rules, it shall be referred to the Central Government who shall decide the same.
ALL INDIA SERVICES (HOUSE RENT ALLOWANCE) RULES, 1977
In exercise of the powers conferred by sub-section (1) of Sec. 3 of the All India Services Act, 1951 (61 of 1951), the Central Government, after consultation with the Governments of the States concerned, hereby makes the following rules, namely:-
RULE 01: SHORT TITLE AND COMMENCEMENT
- (1) These rules may be called the All India Services (House Rent Allowance) Rules, 1977.
(2) They shall come into force on the date of their publication in the Official Gazette.
RULE 02: DEFINITION
- In these rules, unless the context otherwise requires, "member of the Service" means a member of an All India Service, as defined inSec. 2 of the All India Services Act, 1951 (61 of 1951)-
RULE 03: REGULATION OF HOUSE RENT ALLOWANCE
- (1) A member of the Service, serving in connection with the affairs of the Union, shall be entitled to draw House Rent allowance at such rates, and subject to such conditions as may be specified by the Central Government from time to time, in respect of officers of the Central Civil Services Group 'A': Provided that where any special orders have been issued by the Central Government to regulate the grant of House Rent Allowance to the members of the Service serving in connection with the affairs of the Union, such members shall be entitled to draw House Rent Allowance under such special orders.
(2) A member of the Service, serving in connection with the affairs of a State, shall be entitled to draw House Rent Allowance at such rates, and subject to such conditions, as may be specified by the State Government concerned, from time to time in respect of officers of the State Civil Services, Class I : Provided that the House Rent Allowance allowed to a member of the Service under this sub-rule shall not at any time be less than what he would have drawn under sub-rule (1), had he been appointed to serve in connection with the affairs of the Union at the same station.
(3) Every officer whose initial pay is Fixed in accordance with sub-rule (5) or sub- rule (6-A) ofrule 4 of the Indian Administrative Service (Pay) Rules, 1954-or sub-rule (5) or sub-rule (5-A) ofrule 4 of the Indian Police Service (Pay) Rules, 1954or sub- rule (6) ofrule 4 of the Indian Forest Service (Pay) Rules, 1968-, shall be entitled to draw House Rent Allowance in the same manner as a member of the Service under sub-rule (2).
RULE 04: INTERPRETATION
- If any question arises as to the interpretation of these rules, it shall be referred to the Central Government who shall decide the same. GOVERNMENT OF INDIA'S DECISION: An officer owns a house, but living in a rented house which has been leased in the name of hi* wife. The rent of the house is, however, reported to be paid by the officer. Since the house has been leased in the name of wife of the officer, a question has been raised whether in view of Note 2 belowrule 4 of the House Rent Allowance Rules-applicable to the Centrel Government servants, the officer can be granted HRA or is it necessary that he should first get the lease of the house transferred in his own name to get the HRA. It has been decided in consultation with the Ministry of Finance that the officer concerned cannot claim House Rent Allowance on the baste of the rent paid by his wife. However, as a cosharer of the accommodation, he can claim HRA in respect of 40% of the rent actually paid by his wife. Alternatively, he can claim HRA in terms of the provisions of para 1(5) of O.M. No. 11011/1/E.II.B/75, dated the 25th February, 1977, if this would be more favourable to him. He will, of course, haw t0 give the appropriate certificate as required in the instructions contained in the Ministry of Finance O.M. No. 2(37)-E.II.B/64, dated the 27th November, 1965 as amended from time to time.
ALL INDIA SERVICES (HOUSE RENT ALLOWANCE) RULES, 1977
In exercise of the powers conferred by sub-section (1) of Sec. 3 of the All India Services Act, 1951 (61 of 1951), the Central Government, after consultation with the Governments of the States concerned, hereby makes the following rules, namely:-
RULE 01: SHORT TITLE AND COMMENCEMENT
- (1) These rules may be called the All India Services (House Rent Allowance) Rules, 1977.
(2) They shall come into force on the date of their publication in the Official Gazette.
RULE 02: DEFINITION
- In these rules, unless the context otherwise requires, "member of the Service" means a member of an All India Service, as defined inSec. 2 of the All India Services Act, 1951 (61 of 1951)-
RULE 03: REGULATION OF HOUSE RENT ALLOWANCE
- (1) A member of the Service, serving in connection with the affairs of the Union, shall be entitled to draw House Rent allowance at such rates, and subject to such conditions as may be specified by the Central Government from time to time, in respect of officers of the Central Civil Services Group 'A': Provided that where any special orders have been issued by the Central Government to regulate the grant of House Rent Allowance to the members of the Service serving in connection with the affairs of the Union, such members shall be entitled to draw House Rent Allowance under such special orders.
(2) A member of the Service, serving in connection with the affairs of a State, shall be entitled to draw House Rent Allowance at such rates, and subject to such conditions, as may be specified by the State Government concerned, from time to time in respect of officers of the State Civil Services, Class I : Provided that the House Rent Allowance allowed to a member of the Service under this sub-rule shall not at any time be less than what he would have drawn under sub-rule (1), had he been appointed to serve in connection with the affairs of the Union at the same station.
(3) Every officer whose initial pay is Fixed in accordance with sub-rule (5) or sub- rule (6-A) ofrule 4 of the Indian Administrative Service (Pay) Rules, 1954-or sub-rule (5) or sub-rule (5-A) ofrule 4 of the Indian Police Service (Pay) Rules, 1954or sub- rule (6) ofrule 4 of the Indian Forest Service (Pay) Rules, 1968-, shall be entitled to draw House Rent Allowance in the same manner as a member of the Service under sub-rule (2).
RULE 04: INTERPRETATION
- If any question arises as to the interpretation of these rules, it shall be referred to the Central Government who shall decide the same. GOVERNMENT OF INDIA'S DECISION: An officer owns a house, but living in a rented house which has been leased in the name of hi* wife. The rent of the house is, however, reported to be paid by the officer. Since the house has been leased in the name of wife of the officer, a question has been raised whether in view of Note 2 belowrule 4 of the House Rent Allowance Rules-applicable to the Centrel Government servants, the officer can be granted HRA or is it necessary that he should first get the lease of the house transferred in his own name to get the HRA. It has been decided in consultation with the Ministry of Finance that the officer concerned cannot claim House Rent Allowance on the baste of the rent paid by his wife. However, as a cosharer of the accommodation, he can claim HRA in respect of 40% of the rent actually paid by his wife. Alternatively, he can claim HRA in terms of the provisions of para 1(5) of O.M. No. 11011/1/E.II.B/75, dated the 25th February, 1977, if this would be more favourable to him. He will, of course, haw t0 give the appropriate certificate as required in the instructions contained in the Ministry of Finance O.M. No. 2(37)-E.II.B/64, dated the 27th November, 1965 as amended from time to time.
ALL INDIA SERVICES (JOINT CADRE) RULES, 1972
G.S.R. 441(E).-In exercise of the powers conferred by sub-section (1) of
Section 3 of the All India Services Act, 1951 (61 of 1951), read with sub-rule (1) ofrule 4 of the All India Services (Joint Cadre) Rules, 1972, the Central Government in consultation with the Government of States concerned hereby constitutes the Joint Cadre Authority for the Joint I.A.S., I.P.S. and I.F.S. Cadres of Arunachal Pradesh, Goa-Mizoram Union Territories, as below :- "1. Chief Secretary, Arunachal Pradesh 2. Chief Secretary, Goa 3. Chief Secretary, Mizoram 4. Addl. Secretary in the Ministry of Home Affairs incharge of UTS Division 5. Joint Secretary (UT) in the Ministry of Home Affairs (to act as Convener)". In exercise of the powers conferred by sub-section (1) ofSec. 3 of the All India Services Act, 1951 (61 of 1951)the Central Government, after consultation with the Governments of the State concerned, hereby makes the following rules, namely:-
RULE 01: SHORT TITLE, APPLICATION AND COMMENCEMENT
- (1) These rules may be called the All India Services (Joint Cadre) Rules, 1972.
(2) They shall apply to a Joint Cadre constituted for any group of States other than the Joint Cadre of Union Territories.
(3) They shall come into force on the date of their publication in the Official Gazette.
RULE 02: DEFINITIONS
- In these rules, unless the context otherwise requires,-
(a) "Joint Cadre Authority" means the Committee of Representatives referred to inrule 4-.
(b) "Constituent States" means the States in respect of which a Joint Cadre is formed.
RULE 03: APPLICATION OF RULES UNDER THE ALL INDIA SERVICES ACT TO MEMBERS OF ALL INDIA SERVICES BORNE ON, AND POSTS INCLUDED IN
- Subject to the amendments made byrule 6-, all rules made under theAll India Services Act, 1951 (61 of 1951)-and for the time being in force, shall apply in relation to the members of the All India Service's borne on the Joint Cadres of these services and in relation to the posts under the control of the Constituent States.
RULE 04: COMMITTEE OF REPRESENTATIVES
- (1) There shall be a Committee consisting of a representative of each of the Governments of the Constuent States to be called the Joint Cadre Authority.
(2) The representatives of the Governments of the Constituent States may either be members of an All India Service or Ministers in the Council of Ministers of the Constituent States, as may be specified by the Governments of the Constituent States.
RULE 05: DUTIES AND FUNCTIONS OF THE JOINT CADRE AUTHORITY
- (1) The Joint Cadre Authority shall determine the names of the members of the All India Services, who may be required to serve from time to time in connection with the affairs of each of the Constituent States and the period or periods for which their services shall be available to that Government.
(2) Where there is a disagreement on any matter among the members of the Joint Cadre Authority, the matter shall be referred to the Central Government for decision and the Governments of the Constituent States shall give effect to the decision of the Central Government.
RULE 06: AMENDMENT OF CERTAIN RULES
- (1) The rules shown in Schedule I to these rules shall be amended in the manner indicated therein.
(2) The rules shown in Schedule II to these rules shall, in respect of a Joint Cadre of the Indian Administrative Service in relation to which an agreement has been arrived at under clause (b) of sub-rule (3) ofrule 8 of the Indian Administrative Service (Recruitment) Rules, 1954-, for the purpose of dividing the vacancies to be filled by promotion of members of the State Civil Service of any of the Constituent States and the vacancies to be Filled by selection of officers serving in connection with the affairs of the Constituent States, be amended in the manner indicated therein.] 2 [(3)The rules shown inSchedule IIIto these rules shall, in respect of a Joint Cadre of the Indian Forest-Service in relation to which an agreement has been arrived at under sub-rule (3) ofrule 8 of the Indian Forest Service (Recruitment) Rules, 1966, for the purpose of dividing the vacancies to be filled by promotion of members of the State Forest Service of any of the constituent States serving in connection with the affairs of the constituent States, be amended in the manner indicated therein.]
3[4) The rules shown inSchedule IVto these rules shall, in respect of a Joint Cadre of the Indian Police Service in relation to which an agreement has been arrived at under sub-rule (5) ofrule 9 of the Indian Police Service (Recruitment) Rules, 1954-, for the purpose of dividing the vacancies to be filled by promotion of members of the State Police Service of any of the constituent States, be amended in the manner indicated therein.]
SCHEDULE 01: SCHEDULE I
[Seerule 6(1)-]
01: The All India Services (Study Leave) Regulation, 1960
- In sub-regulation (1) orregulation 2-, after Cl. (c), insert :-
"(d) 'State Government' means the Joint Cadre Authority in relation to a member of an All India Service borne on a Joint Cadre."
02: The All India Services (Death Death--cum cum--Retirement Benefits) Rules, 1958
-(a) In sub-rule (1) ofrule 2-, for clause (m), substitute :-
"(m) 'State Government' means the State Government on whose cadre the member of the Service was borne immediately before retirement or death and in relation to a member of an All India Service borne on a Joint Cadre, the Joint Cadre Authority".
(b) In Cl. (c) of sub-rule (5) ofrule 8-, for "credited to the Consolidated Fund of the State on whose cadre he is borne" substitute "credited to the Consolidated Fundsof the Constituent States, in such proportion as may be prescribed by the Joint Cadre Authority."
03: The All India Services (Provident Fund) Rules, 1955
- Inrule 35-, insert at the end:-
"Explanation.- For the purposes of this rule 'Government', in relation to a member of the Service, borne on a Joint Cadre serving in connection with the affairs of a Constituent State, means the Joint Cadre Authority."
04: The All India Services (Travelling Allowances) Rules, 1954
- Inrule 4-, insert at the end :-
"Provided that in the case of a member of the Service transferred or deputed to serve under a Constituent State, an order under this rule shall be passed by the Joint Cadre Authority."
05: The All India Services (Discipline and Appeal) Rules, 1969
- In sub-rule (3) ofrule 7-:-
(i) in the proviso, for "Provided that", substitute "Provided further that";
(ii) before the proviso, insert- "Provided that in relation to the members of the Service borne on a Joint Cadre, the punishing Government shall consult the Joint Cadre Authority."
06: The All India Services (Commutation of Pension) Regulations, 1960
- In sub-regulation (1) ofregulation 2-, for Cl. (a), substitute :-
"(a) 'Government', in relation to the members of the Service borne on a Joint Cadre, means the Joint Cadre Authority."
07: The All India Services (Confidential Rules) Rules, 1970
- Inrule 2, for Cl. (h), substitute :-
"(h) 'State Government' means the Government of the State on whose cadre the member of the Service is borne and in relation to a member of an All India Service borne on a Joint Cadre, the Joint Cadre Authority".
08: The Indian Administrative Service (Cadre) Rules, 1954
- (a) Inrule 2-, for Cl. (d), substitute :-
"(d) 'State Government concerned', in relation to a Joint Cadre, means the Joint Cadre Authority."
(b) Afterrule 11-insert :- "11-A. Authority to exercise certain powers in respect of members of the Service serving in connection with the affairs of the State constituting a Joint Cadre.- The powers of the State Government under the second proviso to sub-rule (2) ofrule 4-, under clause (1) of sub-rule (2) ofrule 6-and underRules 7-,10-and11-, in relation to the members of the Service serving in connection with the affairs of any of the Constituent States shall be exercised by the Government of that State."
09: The Indian Administrative Service (Recruitment) Rules, 1954
- Inrule 2-, for Cl. (h), substitute : -
"(h) 'State Government concerned', in relation to a Joint Cadre, means the Joint Cadre Authority."
10: The Indian Administrative Service (Appointment by Promotion) Regulations. 1955
- (a) In Cl. (k) of sub-regulation (1) ofregulation 2-, for the existing sub-clause (ii), substitute :- "(i) in relation to a group of States in respect of which a Joint Cadre of the Service is constituted, the Joint Cadre Authority".
(b) After sub-regulation (2) ofregulation 5-, insert :- "Explanation.- The powers of the State Government under the second proviso to this sub-regulation shall be exercised in relation to the members of the State Civil Service of a Constituent State, by the Government of that State".
11: The Indian Administrative Service (Appointment by Selection) Regulations, 1956
- In Cl. (b) of sub-regulation (1) ofregulation 2-, for sub-clause (ii), substitute :-
"(ii) in relation to a group of States in respect of which a Joint Cadre of the Service is constituted, the Joint Cadre Authority."
12: The Indian Administrative Service (Probation) Rules, 1954
- Inrule 2-, for Cl. (i), substitute -
"(i) 'State Government'' means the Government of the State to which a probationer is allotted or deputed for practical training and in relation to a probationer allotted to a Joint Cadre, the Joint Cadre Authority."
13: The Indian Administrative Service (Pay) Rules, 1954
- Inrule 2-, for Cl. (f), substitute:-
"(j) 'State Government concerned', in relation to Joint Cadre, means the Joint Cadre Authority."
(b) Afterrule 10D-, insert :- "10-E. Authority to exercise powers underrules 6-,7-and9-in relation to a Joint Cadre.- The powers underrules 6-and7-, in the case of a member of the Service borne on a Joint Cadre, shall be exercised by the Joint Cadre Authority. The powers underrule 9-in relation to the members of the Service, and in relations to posts, borne on a Joint Cadre shall be exercised by the Government of the Constituent State concerned."
14: The Indian Administrative Service (Regulation of Seniority) Rules, 1954
- InRule 2, for Cl. (j), substitute -
"(j) 'State Government concerned', in relation to a Joint Cadre, means the Joint Cadre Authority."
15: The Indian Police (Cadre) Rules, 1954
-(a) inrule 2, for Cl. (d), substitute:-
"(d) 'State Government concerned', in relation to a Joint Cadre, means the Joint Cadre Authority."
(b) Afterrule 11-, insert :- "11-A. Authority to exercise certain powers in respect of members of the Service serving in connection with the affairs of the States constituting a Joint Cadre.- The powers of the State Government under the second proviso to sub-rule (2) ofrule 4-, under Cl. (i) of sub-rule (2) ofrule 6-and underrules 7-,10-and11-, in relation to the members of the Service serving in connection with the affairs of any of the Constituent State shall be exercised by the Government of that State."
16: The Indian Police Service (Recruitment) Rules, 1954
--(a) Inrule 2-, for Cl. (f), substitute :-
"(f) 'State Government concerned', in relation to a Joint Cadre, means the Joint Cadre Authority."]
[(b) inrule 9-, after sub-rule (4), insert-
"(5) Where a vacancy occurs in a Joint Cadre is to be filled under the provisions of this rule, the vacancy shall, subject to any agreement in this behalf, be filled by promotion of a member of the State Police Service of any of the State constituting the group.
(c) re-number sub-rule (5) as sub-rule (6) thereof."]
17: The Indian Police Service (Appointment by Promotion) Regulations, 1955
-(a) In Cl. (k) of sub-regulation (1) of regulation (2), for the existing sub- clause (ii), substitute:-
"(ii) in relation to a group of States in respect of which a Joint Cadre of the Service is constituted, the Joint Cadre Authority;"
(b) In sub-regulation (2) ofregulation 5-, renumber the existing Explanation as Explanation 1, and after Explanation 1, insert :
"Explanation 2.- The powers of the State Government under Explanation 1 shall be exercised in relation to the members of the State Police Service of a Constituent State, by the Government of the State."
18: The Indian Police Service (Probation) Rules, 1954
- Inrule 2, for Cl. (i), substitute:-
"(i) 'State Government concerned', in relation to a probationer allotted to a Joint Cadre, means the Joint Cadre Authority."
19 The Indian Police Service (Pay) Rules, 1954
- (a) Inrule 2, for Cl. (j), substitute:-
"(j) The State Government concerned' in relation to a Joint Cadre, means the Joint Cadre Authority."
(b) Afterrule 10C, insert :- "10-D. Authority to exercise powers underrules 6,7and9in relation to a Joint Cadre.- The powers underrules 6and7, in the case of a member of the Service borne on a Joint Cadre, shall be exercised by the Joint Cadre Authority. The powers underrules 9in relation to the members of the Service, and in relations to posts, borne on a Joint Cadre shall be exercised by the Government of the Constituent State concerned."
20: The Indian Police Service (Regulation of Seniority) Rules, 1954
- InRule 2, for Cl. (j), substitute :-
"(j) 'State Government concerned' in relation to a Joint Cadre, means the Joint Cadre Authority."
21: The Indian Police Service (Uniform) Rules, 1954
- Inrule 2, for Cl. (a), substitute:-
"(a) 'Government' in relation to a member of the Service means the Government of the State on whose cadre such member is borne and in relation to a member of the Service, borne on a Joint Cadre, the Government of the Constituent State under which the member of the Service is for the time being serving."
22: The Indian Forest Service (Cadre) Rules, 1966
- (a) inrule 2, for Cl. (d), substitute:-
"(d) 'State Government concerned', in relation to a Joint Cadre, means the Joint Cadre Authority."
(b) Afterrule 11, insert:- "11-A. Authority to exercise certain powers in respect of members of the Service serving in connection with the affairs of the States constituting a Joint Cadre.- The powers of the State Government under the second proviso to sub-rule (2) ofrule 4-, under Cl. (i) of subrule (2) ofrule 6and underrules 7,10and11, in relation to the members of the Service serving in connection with the affairs of any of the Constituent State shall be exercised by the Government of that State."
23: The Indian Forest Service (Recruitment) Rules, 1966
- Inrule 2, for Cl. (h), substitute:-
"(h) 'State Government concerned', in relation to a Joint Cadre, means the Joint Cadre Authority."
24: The Indian Forest Service (Appointment by Promotion) Regulations, 1966
-(a) In Cl. (f) of sub-regulation (1) ofregulation 2-, for the existing sub-clause (ii), substitute:-
"(ii) in relation to a group of States in respect of which a Joint Cadre of the Service is constituted, the Joint Cadre Authority."
(b) Inregulation 3-, for sub-regulation (1), substitute :-
"(1) There shall be constituted for each of the Joint Cadres a Committee consisting of the Chairman of the Commission or where the Chairman is unable to attend, any other member of the Commission representing it and the following other members, namely:-
(i) Chief Secretaries to the Government of the Constituent States.
(ii) Chief Conservators of Forest of the Constituent States.
(iii) A nominee of the Government of India not below the rank of a Joint Secretary."
(c) In sub-regulation (1) ofregulation 4-, renumber the existing Explanation as Explanation 1, and after Explanation 1, insert :-
"Explanation 2.- The powers of the State Government under this sub- regulation shall be exercised in relation to the members of the State Forest Service of a Constituent State, by the Government of the State."
25: The Indian Forest Service (Probation) Rules, 1968
- Inrule 2, after Cl. (h), insert:-
"(i) 'State Government' means the Government of that State to which a probationer is allotted or deputed for practical training and in relation to a probationer allotted to a Joint Cadre, the Joint Cadre Authority."
26: The Indian Forest Service (Pay) Rules, 1968
-(a) Inrule 2-, for Cl. (k), substitute:-
"(k) 'State Government concerned', in relation to a Joint Cadre, means the Joint Cadre Authority."
(b) Afterrule 9-, insert :- "9-A. Authority to exercise powers underrules 6-,7-and9-in relation to a Joint Cadre.- The powers underrules 6-and7-in the case of a member of the Service borne on a Joint Cadre, shall be exercised by the Joint Cadre Authority. The powers underrule 9-in relation to the members of the Service, and in relation to posts, borne on a Joint Cadre shall be exercised by the Government of the Constituent State concerned."
27: The Indian Forest Service (Regulation of Seniority) Rules, 1968
- Inrule 2, for Cl. (k), substitute :-
"(k) 'State Government concerned', in relation to a Joint Cadre, means the Joint Cadre Authority."
SCHEDULE 02: SCHEDULE II
[Seerule 6(2)-]
01: The Indian Administrative Service (Cadre) Rules, 1954
- AfterRule 11-, insert:-
"11-B. Authority to exercise certain powers in respect of members of the Service serving in connection with the affairs of the States constituting a Joint Cadre.- The powers of the State Government underrule 9-, in relation to the members of the Service serving in connection with the affairs of any of the Constituent States shall be exercised by the Government of that State."
02: The Indian Administrative Service (Appointment by Promotion) Regulations, 1955
- (a) After sub-regulation (2) ofregulation 5-, insert :-
"(2-A) Notwithstanding anything contained in sub-regulations (1) and (2), the list referred to in subregulation
(1) shall be prepared separately in respect of each State Civil Service. The number of members of the State Civil Service included in each such part of the list shall not be more than twice the number of substantive vacancies anticipated in the course of the period of twelve months, commencing from the date of the preparation of the list, in the posts available for them underrule 9-of the Recruitment Rules or 10 per cent of the senior posts shown against item 1 of the Cadre in the Schedule to theIndian Administrative Service (Fixation of Cadre Strength) Regulations, 1955- (hereinafter referred to as the Cadre Schedule) under the Government of Constituent State concerned and the senior posts shown against item 2 of the Cadre Schedule notionally reckoned against that State whichever is greater.
Explanation.- The number of senior posts shown against item 2 of the Cadre Schedule of the Joint Cadre divided in the proportion of the number of posts under the Government of each of the Constituent States shown against item I of the Cadre Schedule shall be notionally reckoned against each of the Constituent States for the purpose of this sub-regulation."
(b) Inregulation 8-, insert at the end :-
"Explanation.- Where a Select List is prepared in the case of Joint Cadre under sub-regulation (2-A) ofregulation 5, the appointment of a member of the State Civil Service whose name appears in the Select List shall be made only to a post under the Government of the Constituent State controlling the State Civil Service to which the member belongs and in making such appointment, the Constituent State concerned shall follow the order in which the names appear in that part of the Select List :
Provided that where administrative exigencies so required, a member of the State Civil Service who is not next in order in that part of the Select List may, subject to the provisions ofrule 9-of the Cadre Rules, be appointed to a Cadre post if the State Government is satisfied-
(i) that the vacancy is not likely to last for more than three months; or
(ii) that there is no suitable Cadre Officer available for filling the vacancy."
(c) Inregulation 9, after sub-regulation (1) insert :- "Provided that the appointment of members of the State Civil Service shall be made in accordance with the agreement arrived at under clause (b) of sub-rule (3) ofrule 8-of the Recruitment Rules in the order in which the names of the members of the State Civil Service occur in the relevant part of the Select List for the time being in force."
03: The Indian Administrative Service (Regulation of Seniority) Rules, 1954
- (a) Inrule 3, in sub-rule (3), in Cl. (b), at the end of Explanation 4 to the proviso insert:- "Provided also that the certificate shall be given by the Government of the Constituent State and the number of officers in respect of whom the certificate is given shall riot exceed one half of the maximum permissible strength of the relevant part of the Select List under sub-regulation (2-A) ofregulation 5 of the Indian Administrative Service (Appointment by Promotion) Regulations, 1955-and for every senior Select List Officer appointed to a non-cadre post in respect of which a certificate is given there should be one junior Select List Officer whose name appears in the same part of the Select List officiating in a senior post underrule 9 of the Indian Administrative Service (Cadre) Rules, 1954-."
(b) Inrule 4-, in sub-rule (4), in Cl. (i), at the end of sub-clause (c) of the proviso insert:- "Or, where their names appear in different parts of the Select List for a Joint Cadre, in the order of their date of birth."
SCHEDULE 03: SCHEDULE III
[Seerule 6(3)-]
01: The Indian Forest Service (Cadre) Rules, 1966
- Afterrule 11, the following rule shall be inserted, namely :-
"11. Authority to exercise certain powers in respect of members of the Service serving in connection with the affairs of the States constituting a Joint Cadre.- The powers of the State Government underrule 9, in relation to the members of the Service serving in connection with the affairs of any of the constituent States shall be exercised by the Government of that State".
02: The Indian Forest Service (Appointment by Promotion) Regulations, 1966
-(a) After sub-regulation (2) ofregulation 5-, the following sub-regulation shall be inserted, namely:- "(2-A) Notwithstanding anything contained in sub-regulations (1) and (2), the list referred to in subregulation
(1) shall be prepared separately in respect of each State Forest Service. The number of members of the State Forest Service included in each such part of the list shall not be more than twice the number of substantive vacancies anticipated in the course of the period of twelve months, commencing from the date of the preparation of the list, in the posts available for them underrule 9-of the Recruitment Rules or 10 per cent of the senior posts shown against item I of the Cadre in the Schedule to theIndian Forest Service (Fixation of Cadre Strength) Regulations, 1966(hereinafter referred to as the Cadre Schedule) under the Government of Constituent State concerned and the senior posts shown against the item 2 of the Cadre Schedule notionally reckoned against that State whichever is greater.
Explanation.- The number of senior posts shown against item 2 of the Cadre Schedule of the Joint Cadre divided in the proportion of the number of posts under the Government of each of the Constituent States shown against item 1 of the Cadre Schedule shall be notionally reckoned against each of the Constituent States for the purpose of this sub-regulation."
(b) Inregulation 8, the following Explanation shall be added at the end, namely:-
"Explanation.- Where a Select List is prepared in the case of Joint Cadre under sub-regulation (2-A) ofregulation 5, the appointment of a member of the State Forest Service whose name appears in the Select List shall be made only to a post under the Government of the Constituent State controlling the State Forest Service to which the member belongs and in making such appointment, the Constituent State concerned shall follow the order in which the names appear in that part of the Select List:
Provided that where administrative exigencies so required, a member of the State Forest Services who is not next in order in that part of the Select List may, subject to the provisions ofrule 9of the Cadre Rules, be appointed to a Cadre post if the State Government is satisfied-
(i) that the vacancy is not likely to last for more than three months; or
(ii) that there is no suitable Cadre Officer available for filling the vacancy."
(c) After sub-regulation (1) ofregulation 9, the following proviso shall be added, namely:- "Provided that the appointment of members of the State Forest Service shall be made in accordance with the agreement arrived at under sub-rule (3) ofrule 8-of the Recruitment Rules in the order in which the names of the members of the State Forest Service occur in the relevant part of the Select List for the time being in force."
03: The Indian Forest Service (Regulation of Seniority) Rules, 1968
- (a) At the end of Explanation 4 of the proviso, Cl. (c) of sub-rule (2) ofrule 3, the following proviso shall be added, namely:-- "Provided also that the certificate shall be given by the Government of the Constituent State and the number of officers in respect of whom the certificate is given shall not exceed one half of the maximum permissible strength of the relevant part of the Select List under sub-regulation (2-A) ofregulation 5 of the Indian Forest Service (Appointment by Promotion) Regulations, 1966and for every senior Select List Officer appointed to 2 noncadre post in respect of which a certificate is given there should be one junior Select List Officer whose name appears in the same part of the Select List officiating in a senior post underrule 9 of the Indian Forest Service (Cadre) Rules; 1966."
(b) At the end of clause (c) of the proviso, in sub-rule (4) ofrule 4-, the following shall be added, namely :- "Or, where their names appear in different parts of the Select List for a Joint Cadre, in the order of their dates of birth."
SCHEDULE 04: SCHEDULE IV
[Seerule 6(4)-]
01: The Indian Police Service (Cadre) Rules, 1954
- Afterrule 11A, insert :-
"11-B. Authority to exercise certain powers in respect of members of the Service serving in connection with the affairs of the States constituting a Joint Cadre.- The powers of the State Government underrule 9, in relation to the members of the Service serving in connection with the affairs of any of the constituent States shall be exercised by the Government of that State".
02: The Indian Police Service (Appointment by Promotion) Regulations, 1955
- (a) After sub-regulation (2) ofregulation 5-, insert :- "(2-A) Notwithstanding anything contained in sub-regulations (1) and (2), the list referred to in sub-regulation (1) shall be prepared separately in respect of each State Police Service. The number of members of the State Police Service included in each such part of the list shall not be more than twice the number of substantive vacancies anticipated in the course of the period of twelve months, commencing from the date of the preparation of the list, in the posts available for them underrule 9-of the Recruitment Rules or 10 per cent of the senior posts shown against item I of the Cadre in the Schedule to theIndian Police Service (Fixation of Cadre Strength) Regulations, 1955(hereinafter referred to as the Cadre Schedule) under the Government of Constituent State concerned and the senior posts shownagainst item 2 of the Cadre Schedule notionally reckoned against that State whichever is greater.
Explanation- The number of senior posts shown against item 2 of the Cadre Schedule of the Joint Cadre divided in the proportion of the number of posts under the Government of each of the Constituent States shown against item I of the Cadre Schedule shall be notionally reckoned against each of the Constituent States for the purpose of this sub-regulation."
(b) Inregulation 8, insert at the end :-
"Explanation.- Where a Select List is prepared in the case of Joint Cadre under sub-regulation (2-A) ofregulation 5, the appointment of a member of the State Police Service whose name appears in the Select List shall be made only to a post under the Government of the Constituent State controlling the State Police Service to which the member belongs and in making such appointment, the Constituent State concerned shall follow the order in which the names appear in that part of the Select List :
Provided that where administrative exigencies so required, a member of the State Police Service who is not next in order in that part Of the Select List may, subject to the provisions ofrule 9of the Cadre Rules, be appointed to a Cadre post it the State Government is satisfied-
(i) that the vacancy is not likely to last for more than three months; or
(ii) that there is no suitable Cadre Officer available for filling the vacancy."
(c) Inregulation 9, after sub-regulation (1) insert :- "Provided that the appointment of members of the State Police Service shall be made in accordance with the agreement arrived at under sub-rule (5) ofrule 9-of the
Recruitment Rules in the order in which the names of the members of the State Police Service occur in the relevant part of the Select List for the time being in force."
3 The Indian Police Service (Regulation of Seniority) Rules, 1954
- (a) In therule 3, in sub-rule (3), in Cl. (b), at the end of Explanation 4 to the proviso insert :-
"Provided also that the certificate shall be given by the Government of the Constituent State and the number of officers in respect of whom the certificate is given shall not exceed one half of the maximum permissible strength of the relevant part of the Select List under sub-regulation (2-A) ofregulation 5 of the Indian Police Service (Appointment by Promotion) Regulations, 1955and for every senior Select List Officer appointed to a non-cadre post in respect of which a certificate is given there should be one junior Select List Officer whose name appears in the same part of the Select List officiating in a senior post underrule 9 of the Indian Police Service (Cadre) Rules, 1954-."
(b) Inrule 4, in sub-rule (4), at the end of sub-clause (c) of proviso insert :- "Or, where their names appear in different parts of the Select List for a Joint Cadre, in the order of their date of birth."
ALL INDIA SERVICES (LEAVE) RULES, 1955
In exercise of the powers conferred by sub-section (1) of Sec. 3 of the All India Services Act, 1951 (61 of 1951), the Central Government after consultation with the Govt. of the States concerned, hereby makes the following rules, namely:-
RULE 01: SHORT TITLE
- These rules may be called the All India Services (Leave) Rules, 1955.
RULE 02: DEFINITIONS
- In these rules, unless the context otherwise requires,-
(a) 'commuted leave' means leave taken underrule 13;
(b) 'completed year of service' means continuous service of the specified duration under the Government and includes periods spent on duty as well as on leave including extraordinary leave;
(c) 'duty means duty as a member of the Service and includes-
(i) service as probationer;
(ii) joining time;
(iii) such other periods as the Government may, by general or special order, declare as 'duty';
(d) 'earned leave' means leave earned underrule 10,2[* * *]
(e) 'earned leave due' means the amount of earned leave to the credit of a member of the Service on the date on which he became subject to these rules calculated in accordance with the Government rules by which he was governed immediately before that date plus the amount of earned leave calculated as prescribed inrule 10diminished by the amount of earned leave taken after the date on which he became subject to these rules;
(f) Foreign service' means service where a member of the Service receives his pay with the sanction of the Government from any source other than Consolidated Fund of India or the Consolidated Fund of any State:
(g) 'Government' means-
(i) in the case of a member of the service serving in connection with the affairs of the Union, the Central Government; or
(ii) in the case of a member of the Service serving under a foreign Government (whether on duty or on leave), the Central Government; or
(iii) in the case of a member of the Service serving in connection with affairs of a State, the Government of that State; or
(iv) in the case of a member of the Service on leave, the Government who sanctioned him the leave:1 [Provided that in the case of a member of the service who is granted leave on expiry of his deputation to the Central Government, another State Government or foreign Service, "Government" shall also include the Government of the State on whose cadre he is borne.]
Explanation.- A member of the Service whose services are placed at the disposal of any company, corporation, organization or any local authority by the Central Government or the Government of a State shall, for the purposes of these rules, be deemed to be a member of the Service serving in connection with the affairs of the Union or the affairs of that State, as the case may be, notwithstanding that his salary is drawn from sources other than the Consolidated Fund of the Union or of that State. (h) 'half pay leave' means leave earned underrule 12in respect of completed years of service;
(i) 'half pay leave due' means the amount of half pay leave to the credit of member of the Service on the date on which he became subject to these rules calculated in accordance with the Government rules by which he was governed immediately before that date plus the amount of half pay leave calculated as prescribed inrule 12diminished by the amount of half pay leave including twice the amount of commuted leave taken under these rules;
(j) 'joining time' means the time allowed to a member of the Service in which to join a new post or to travel to or from a station to which he is posted;
(k) 'leave' includes earned leave, half pay leave, commuted leave, leave not due, extraordinary leave, study leave, special disability leave, maternity leave or any other authorised leave of absence;
(l) leave salary' means the monthly amount admissible to a member of the Service who has been granted leave under these rules;
2[(m) 'member of the Service' means a member of "an All-India Service" as defined inSec. 2 of the All India Service Act, 1951 (61 of 1951)];
(n) 'month' means a calendar month. Explanation.- In calculating a period expressed in terms of months and days, complete calendar months irrespective of the number of days of which each such month may consist shall First be calculated and the odd number of days calculated subsequently.
3[(o) * * *l
GOVERNMENT OF INDIA'S DECISIONS:31. A State Civil/Police Service officer who is appointed to the IAS/IPS, while on leave is to be governed by these rules with effect from the date on which the leave granted to him expires. The fact that the officer is appointed to the IAS/IPS during the currency of leave does not alter the validity of the order granting leave under the rules in force at the time the leave is granted.42. For the purpose of clause (i) all types of leave in respect of which leave salary is restricted to half pay, shall be equated to half pay leave.83. State Civil/Police Service Officers, appointed on the I.A.S/I.P.S on probation shall be governed by these rules from the dates of their appointment.94. In accordance with the Explanation under clause (g) the notification granting leave to a member of the Service, whose services are placed at the disposal of a company, corporation etc. is to be issued by the Government Central or State by which his services were placed at the disposal of the corporation etc.105.1. A question arose whether the past service, as an I.P.S. probationer, or an I.A.S. probationer would count for purposes of joining time, leave, etc. 5.2. The attributes of a substantive holder that a probationer enjoys can apply to the Service or Post in which he is on probation. Consequently, on his appointment to the 1-A.S. before the completion of his probationary period in the I.P.S. the officer is to be treated as the non-substantive holder of a post in the I.P.S. He will not, therefore, be entitled to joining time, joining time pay and transfer travelling allowance under the Government of India's Decision No. 4 below F.R. 105. 5.3. The cany forward of the leave earned by the officer as an I.P.S. probationer is permissible, as it does not depend on his status permanent or temporary.
RULE 03: RIGHT OF LEAVE
- (1) Leave cannot be claimed as of right and when the exigencies of public service, so demand, leave of any description may be refused or revoked by the Government.
(2) It shall not be open to the Government to compel any member of the Service to proceed on leave or, except at the request of the member of the Service, to alter the nature of leave due and applied for.
RULE 04: EARNING OF LEAVE
- Except as otherwise provided in these rules leave shall be earned by duty only.
Explanation.- For the purpose of this rule, the period spent on foreign service counts as duty if on account of such period contributions towards leave salary have been paid by the foreign employer or the member of the Service or remitted by the Government.
RULE 05: COMMENCEMENT AND TERMINATION OF LEAVE
- Leave ordinarily begins on the day on which a transfer of charge is effected and ends on the day preceding that on which such charge is resumed. Where joining time is allowed to a member of the Service returning from leave out of India, the last day of his leave is the day before the arrival at her moorings or anchorage in the port of debarkation on which the aircraft in which he returns, arrives at its first regular port in India: Provided that the Government may prescribe the circumstances in and conditions on which Sundays or other public holidays maybe prefixed or affixed (or both prefixed and affixed) to leave.
GOVERNMENT OF INDIA'S DECISIONS : 1. Prefixing/suffixing of holidays to leave Prefixing and suffixing holidays to leave other than leave on medical certificates, may be allowed automatically except in cases where for administrative reasons permission for prefixing/suffixing holidays to leave is specifically withheld. In the case of leave on medical certificates, if the day on which an employee is certified medically fit for rejoining duty happens to be a holiday he shall be automatically allowed to suffix such holidays) to his medical leave and such day(s) shall not be counted as leave.112. Intimation of leave at credit The order sanctioning the leave/half-pay leave to a member of the service shall indicate the balance of such leave at his credit.123. When a member of the service avals of leave towards the end of a half year and such leave extends beyond the close of the half year into the next half year, that portion of leave which falls in the half year which is coming to a close is to be deducted from the leave at the credit of the member of the service and the balance leave carried forwarded to the next half year. The advance credit of 15 days due at the commencement of the next half year be allowed subject to the provision regarding maximum limit of 180 days. That portion of the leave which falls in the next half year is then to be debited in the leave account.
RULE 06: RETURN TO DUTY ON EXPIRY OF LEAVE
- Except with the permission of the authority which granted him leave, no member of the Service on leave may return to duty before the expiry of the period of leave granted to him. GOVERNMENT OF INDIA'S DECISIONS :13This rule is attracted only where a member has actually proceeded on leave and wishes to return to duty before its expiry. Where a member has been sanctioned leave but has not actually proceeded on leave he can have it cancelled at his option. Any leave so cancelled at his option cannot, however, be treated as refused leave and cannot consequently be availed of after the date of retirement.
RULE 07: MAXIMUM PERIOD OF ABSENCE FROM DUTY
- (1) No member of the Service shall be granted leave of any kind of a continuous period exceeding five years.
14[(2) * * *]
RULE 08: COMBINATION OF LEAVE
- Except as otherwise provided in these rules, any kind of leave under these rules may be granted in combination with or in continuation of any other kind of leave.
RULE 09: GRANT OF LEAVE BEYOND THE DATE OF RETIREMENTS
- 2[(1) No leave shall be granted to a member of the service beyond the date on which he retires from service underRule 16 of the All India Services (Death-cum-Retirement Benefits) Rules, 1958.]
3[(2) * * *]
4[(3) * * *]
5[(4) The Government shall suo moto sanction to member of the Service who is deemed to have retired from service under sub-rule (1) ofrule 5-A of All India Services (Death-cum-Retirement Benefits) Rules, 1958, the cash equivalent of leave salary in respect of the period of earned leave at his credit on the deemed date of his retirement to the extent permissible under the orders issued by the Central Government in regard to the officers of the Central Civil Services, Group 'A'.]
6[(5) * * *]
GOVERNMENT OF INDIA'S DECISIONS:151. A member of the Service, who is required to retire or who himself chooses to retire under sub- rule (3) ofrule 16 of the All India Services (Death-cum-Retirement Benefits) Rules, 1958, may be allowed the leave due and admissible to him provided it does not extend beyond the date on which he attains the age of 58 years. If the leave is allowed to be availed of before the expiry of the period of notice the period of notice or unexpired period of notice as the case may be and the leave should run concurrently.162.1. A question has been raised whether the instructions issued by the State Government in the case of their employees, prescribing a time limit for applying for leave preparatory to retirement, etc. can be applied to the member of the All India Services serving in connection with the affairs of the State by invoking the provisions of clause (b) ofrule 2 of the All India Services (Conditions of Service-Residuary Matters) Rules, 1960. 2.2. The Government of India have been advised that clause (ft) ofRule 2 of the All India Services (Conditions of Service-Residuary Matters) Rules, 1960, is attracted where general rules have been made governing a conditions of service, but such rules do not regulate a particular matter relating to that condition of service. Thus, even though specific rules, namely the All India Services (Leave) Rules, 1955, have been made under theAll India Services Act, 1951, as these rules do not prescribed any time-limit for applying for leave preparatory to retirement to orders issued by the State Government, fixing the time- limit for applying for leave preparatory to retirement in the case of member of their State Civil Service
Class I, would apply to the members of the All India services Serving in connection with the affairs of the State by virtue of clause (b) ofRule 2 of the All India Service (Conditions of Service- Residuary Matters) Rules, 1960. 2.3. However, the member of the All India Services/State Civil Services on deputation to the Government of India will be governed by the procedure laid down in Department of Personnel and A.R. O.M. Nos. 1/2/72-AIS(II) dated 17th April, 1972 and 5th January, 1973.c3. It has been decided that leave salary of members of All India Services who arc granted leave underrule 9(2) of the AIS (Leave) Rules, 1955will be determined in the manner indicated below:-(i) A member of the Service who is granted leave in accordance with the provisions of role 9(2) of the AIS (Leave) Rules, 1955 shall be paid in lumpsum the amount equivalent to leave salary and allowances, if any admissible during such leave reduced by the amount of pension and pension equivalent of other retirement benefits, for the entire period of such leave as one-time settlement. (ii) If a member of the service on leave underRule 9(2) of the AIS (Leave) Rules, is permitted to take up employment, the leave salary for the leave shall no longer be restricted to that admissible during half pay leave. However, the leave salary shall continue to be subject to reduction on account of pension and pension equivalent of other retirement benefits.244. A question has been raised whether the leave granted to a member of the Service as leave preparatory to retirement or underrule 9(2) of the All India Services (Leave) Rules, 1955can co- terminate with the date of retirement of the officer concerned. The matter has been considered and it has been decided that such leave can extend upto and include the date of retirement.
RULE 10: RATE AND AMOUNT OF EARNED LEAVE
25[(1)
(a) The leave account of a member of the Service shall be credited with 30 days earned leave in a calendar year. This shall be done in advance in two instalments of 15 days each on the 1st of January and July, every year.
(b) The credit afforded under Cl. (a) above shall be reduced by 1/10th of the period of extraordinary leave only availed of during the previous half year, subject to a maximum of 15 days.
(c) The earned leave at the credit of a member of the service at the close of a half-year shall be carried forward to the next half-year subject to the condition that the earned leave so carried forward plus the credit for that half-year shall not exceed26[27["300"] days].
(d) If a member of the Service is appointed on or after the 1st of January of a year, earned leave shall be credited to his leave account at the rate of 2« days for each completed calendar month of service which he is likely to render in a half-year of the calendar year in which he is appointed.
(e) The credit for the half-year in which a member of the Service is due to retire or resigns from service shall be afforded only at the rate of 2'/2 days per completed calendar month in the half-year upto the date of retirement or resignation. If the leave already availed of is more than the credit so due to him necessary adjustment shall be made in respect of leave salary overdrawn, if any.
(f) When a member of the Service is removed or dismissed from the service or dies while in service, credit of earned leave shall be allowed at the rate of 2'/2 days per completed calendar month upto the end of the calendar month preceding the calendar month in which he is removed or dismissed from service or dies in service. Where the quantum of earned leave is in excess of the leave, the overpayment of leave salary shall be recovered in such cases.
(2) While affording credit under sub-rule (1) fraction of a day shall be rounded off to the nearest day. GOVERNMENT OF INDIA'S DECISIONS :aA question has been raised as to whether a Central Civil Government servant who is on leave on the last day of a particular half year may be allowed to avail himself of the advance credit of earned leavebecoming due to him on the first of the succeeding half year without having to return to duty. It has been clarified by the Ministry of Finance (Deptt. of Expenditure) that if a Government servant is on leave on the last day of any particular half of a calendar year, he shall be entitled to earned leave credited on the first of the succeeding half year provided the authority competent to grant leave has reason to believe that the Government servant will return to duty on his expiry, vide their O.M. No. 16(6)-E.IV(A)/74, dated 30th April, 1976.
(3) In the case of a State service officer appointed to the All India Services the maximum limit on accumulation of leave laid down in30[Cl. (c) of sub-rule (1)] shall not apply during the period of the first five years from the date of his appointment to the Service or from that of the commencement of these rules, whichever is later, and such an officer may be allowed during the said period of five years to avail himself of the accumulated leave to his credit : Provided that on the expiry of the said period of five years the leave at the credit of the officer in excess of the normal maximum limit of accumulation of leave laid down in sub-rule (2) shall lapse: Provided further he shall not earn leave during that period unless the accumulated leave at his credit falls below 180 days. GOVERNMENT OF INDIA'S DECISIONS:29The intention of the proviso to sub-rule (3) is that a State Service officer promoted to the I.A.S./I.P.S. must exhaust the extra amount of leave, in excess of 180 days which is allowed to be carried forward, before the expiry of 5 years from the 12th September, 1955 or the date of promotion to the IAS/IPS whichever is later, i.e., whatever amount of leave in excess of the maximum limit of accumulation is unavailed of on the date of expiry of 5 years' limit will lapse.
RULE 11: MAXIMUM LEAVE ADMISSIBLE AT A TIME
37-Subject to the provisions of Rule 9, the maximum earned leave that can be granted to a member of the service at a time shall be 180 days; Provided that earned leave granted as preparatory to retirement shall be subject to a maximum of38["300"] days
RULE 12: HALF PAY LEAVE
- (1) The half pay leave account of every member of service shall subject to the provisions of subrule
(2), be credited with half pay leave in advance in two instalments of ten days each on the first day of January and July of every calendar year.
(2)
(a) The leave shall be credited to the said leave account at the rate of 5/3 days for each completed calendar month or service which he is likely to render in the half year of the calendar year in which he is appointed.
(b) The credit for the half year in which a member of Service is due to retire or resigns from the service shall be allowed at the rate of 5/3 days per completed calendar month upto the date of retirement or resignation.
(c) When a member of the Service is removed or dismissed from service or dies while in service, credit of half pay leave shall be allowed at the rate of 5/3 days per completed calendar month upto the end of the calendar month preceding the calendar month in which he is removed or dismissed from service or dies in service.
(3) The leave under this rule may be granted on medical certificate or on private affairs.] GOVERNMENT OF INDIA'S DECISIONS:311. See Government of India's Decision 2 belowrule 2.
RULE 13: COMMUTED LEAVE
- 1[(1) Commuted leave not exceeding half the amount of half pay leave due may be granted on medical certificate to a member of the Service subject to the condition that twice the amount of such leave shall be debitable to the half pay leave due.
(2) Commuted leave for a period not exceeding ninety days may be granted to a member of the Service during his entire service when such leave is availed of for course of study which is certified to be in public interest by the Government.
(3) No commuted leave maybe granted under this rule unless the Government has reason to believe that the member of the Service will return to duty on its expiry.]
2[(4) Where a member of the Service who has been granted commuted leave resigns from service or, at his request, is permitted to retire voluntarily without returning to duty, the commuted leave shall be treated as half pay leave and the difference between leave salary in respect of commuted leave and half pay leave shall be recovered. Provided that no such recovery shall be made if the retirement is by reason of ill-health incapacitating the member of the Service for further service or in the event of his death.] GOVERNMENT OF INDIA'S DECISIONS:391. Commuted leave underRule 13can be granted to a member of the Service, if he applies for it, even though he has earned leave at his credit.
RULE 14: LEAVE NOT DUE
- Save in the case of leave preparatory to retirement leave not due may be granted to a member of the Service for a period not exceeding 360 days during his entire service43[* * *] on medical certificate. NOTE.-
(1) Leave not due shall not be granted to a member of the Service unless the Government is satisfied that as far as can be reasonably foreseen, he will return to duty and earn an equal amount of44[half pay leave. Leave not due shall be debited against the half pay leave the member of service may earn subsequent].
(2) A member of the Service who is invalidated during the currency of or at the end of a period of leave not due, shall be retired from the date of expiry of such leave not due.
(3) Where a member of the Service who has been granted leave not due under this rule applies for and is granted permission to retire, the leave not due shall be cancelled and his retirement shall have effect from the date on which such leave commenced. GOVERNMENT OF INDIA'S DECISIONS:40(1) The Government of India have decided that leave not due, if any, availed of by a member of the Service under the Ordinary Leave Rules or theRevised Leave Rules, 1933(Central) or the corresponding rules of the State Governments shall be counted towards the limit of 360 days laid down in this rule.Government of India have decided that where a member of the service who had been granted leave not due-45(2) (i) resigns from service without returning to duty, the leave not due shall be cancelled, his resignation taking effect from the date on which such leave had commenced and the leave salary shall be recovered; and (ii) return to duty but resigns before he has earned such leave, he shall be liable to refund the leave salary to the extent the leave has not been earned subsequently.
RULE 15: EXTRAORDINARY LEAVE
- (1) Subject to the provisions ofrule 7, extraordinary leave may be granted to a member of the Service in the following special circumstances, that is to say-
(a) when no other kind of leave is admissible, or
(b) when any other kind of leave is admissible but the member of the Service applies in writing for the grant of extraordinary leave.
(2) Government may retrospectively convert periods of absence without leave into extraordinary leave even when any other kind of leave was admissible at the time when absence without leave commenced.
(3) Extraordinary leave shall not be debited to the leave account.
RULE 16: SPECIAL DISABILITY LEAVE
- (1) Special disability leave, which may be combined with leave of any other kind, may be granted to a member of the Service under such conditions as may be prescribed in the regulations made in this behalf by the Central Government in consultation with the State Governments concerned.
(2) Such leave shall not be debited to the leave account except as provided in sub-rule (6) ofrule 20.
(3) Such leave may be granted on more than one occasion if the disability is aggravated or reproduced in similar circumstances on a later date but not more than twenty-four months of such leave in all shall be granted in consequence of any one disability.
(4) When a member of the Service suffers an injury while on service under the Armed Forces, any period of leave granted under the leave rules applicable in the Armed Forces in respect of that injury shall be treated as leave granted under this rule.
RULE 17: STUDY LEAVE
- (1) Leave may be granted to a member of the Service on such terms as may be prescribed in the regulations made in this behalf by the Central Government in consultation with the State Governments concerned to enable him to undergo, in India or out of India a special course of study or instructions approved by the Government in public interest.
(2) Such leave shall not be debited to the leave account.
RULE 18: MATERNITY LEAVE
- 1[(1) Maternity leave may be granted to a woman member of the Service with less than two surviving children on full pay upto a period of47["135"] days from the date of its commencement. During such period, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.]
(2) Such leave shall not be debited to the leave account.
2[(3) Maternity leave may be combined with leave of any other kind. Notwithstanding the requirement of production of medical certificate contained inrule 13andrule 14, leave of the kind due and admissible (including commuted leave for a period not exceeding 60 days and leave not due) upto a maximum of one year pay, if applied for, be granted in continuation of maternity leave granted under sub- rule (1)].
NOTE.- Maternity leave may also be granted in cases of miscarriage including abortion subject to the condition that the leave applied for does not exceed six weeks and the application for leave supported by a medical certificate.
GOVERNMENT OF INDIA'S DECISIONS : 1. According to note belowrule 18 of the All India Service (Leave) Rules, 1955, a female member of the service may be granted maternity leave in cases of miscarriage, including abortion subject to the conditions that the leave applied for dots not exceed six weeks and the application for leave is supported by a medical certificate.462. It has now been decided that the abortion induced under theMedical Termination of Pregnancy Act, 1971, should also be considered as a case of abortion for the purpose of granting 'maternity leave' under theAll India Services (Leave) Rules, 1955.
RULE 18B: PATERNITY LEAVE
48-A male member of the Service with less than two surviving children may be granted paternity leave for a period not exceeding fifteen days during the confinement of his wife: Provided that, notwithstanding anything contained in Rule 3, paternity leave under this rule shall not ordinarily be refused.
RULE 19: CONVERSION OF ONE KIND OF LEAVE INTO ANOTHER KIND
- (1) At the request of a member of the Service, the Government may convert any kind of leave retrospectively into leave of a different kind which may be admissible, but the member of the Service cannot claim such conversion as a matter of right.
(2) If one kind of leave is converted into another the amount of leave salary admissible shall be recalculated and arrears of leave salary paid or amounts overdrawn recovered, as the case may be.
RULE 20: LEAVE SALARY
- 51[(1) A member of the Service on earned leave is entitled to leave salary equal to the pay drawn immediately before proceeding on earned leave.]
(2) A member of the Service on half pay leave or leave not due is entitled to leave salary equal to half the amount specified in sub-rule (1).
52[* * *]
(3) A member of the Service on commuted leave is entitled to leave salary equal to the amount admissible under sub-rule (1).
(4) A member of the Service on extraordinary leave is not entitled to any leave salary.
(5) A member of the Service on special disability leave shall be entitled, in respect of the initial period of 120 days, to leave salary in accordance with sub-rule (1).
(6) In respect of special disability leave beyond the initial period of 120 days leave salary equal to the amount specified [in sub-rule(1)], may be granted at the option of the member of the Service for a further period limited to the number of days of earned leave due to him in which case the earned leave account shall be debited with half the number of days for which leave salary is granted under this sub-rule.
(7) The leave salary during special disability leave in respect of any period not covered by subrules(5) and (6) shall be at the rate specified in sub-rule (2). GOVERNMENT OF INDIA'S DECISIONS :53A member of the Service, on half pay leave/under suspension, whose leave salary/subsistence allowance falls below the amount on which clearness allowance is admissible to Central Government servants, would be entitled to dearness allowance. The leave salary actually drawn should be taken into account for both the purpose of monetary limits within which the allowance is admissible and for calculation of the amount of the dearness allowance.
RULE 20A: CASH EQUIVALENT OF LEAVE SALARY IN CASE OF DEATH IN SERVICE
- (1) Where a member of the Service dies while in service, the cash equivalent of the leave salary that the deceased officer would have received had he availed himself of earned leave, at his credit on the date immediately following the date of death subject to a maximum of5559["300 days including the number of days of earned leave in respect of which encashment has been made under Rule 20-C."]shall be paid to his family.
(2) In addition to the cash equivalent of leave salary admissible under sub-rule (1), the family of a deceased officer shall also be entitled to dearness allowance underAll India Services (Dearness Allowance) Rules, 1972.]
RULE 20B: PAYMENT OF CASH EQUIVALENT OF LEAVE SALARY TO A MEMBER OF THE SERVICE RETIRING FROM SERVICE ON ATTAINING THE AGE OF SUPERANNUATION
- (1) The Government shall suo moto sanction to amember of the Service who retires from the service under sub-rule (1) ofrule 16 of the All India Services (Death-cum-Retirement Benefits) Rules, 195857[* * * *], the cash equivalent of leave salary in respect of the period of earned leave at his credit on the date of his retirement, subject to a maximum of58[240 days]:60[Provided that a member of the Service who attamed the age of superannuation before the 30th September, 1977 and was on extension of service on or after that date shall be entitled to the cash equivalent of leave salary, on his retirement from service, in respect of the earned leave that was refused to him in public interest and was carried forward to the period of extension plus earned leave due to him during the period of extension reduced by the amount of earned leave availed of during such period, subject to a maximum of61[240 days].]
(2) The cash equivalent of leave salary payable to a member of the Service under sub-rule (1) above shall also include dearness allowance admissible to him on the leave salary at the rates in force on the date of retirement, and it shall be paid in one lump sum, as a one-time settlement.
(3) The city compensatory allowance and the house rent allowance shall not be included in calculating the cash equivalent of leave salary under this rule.
(4) From the cash equivalent so worked out no deduction shall be made on amount of pension and pensionary equivalent of other retirement benefits.
62[(5) In the case of member of the service who retires from service on attaining the age of superannuation while under suspension or while disciplinary or criminal proceedings are pending against him, the authority competent, to grant leave may withheld whole or part of cash equivalent of leave salary. In respect of earned leave, if in the view of such authority there is a possibility of some money becoming recoverable from him on conclusion of the proceedings against him. On conclusion of the proceedings the amount so withheld shall be paid after adjustment of Government dues, if any.]
63[(6) The cash equivalent under this rule shall be calculated as follows : - Cash Pay admissible on the date Number of unutilised earned equivalent = of retirement plus dear- x leave at credit on the date of re- ness allowance admissible tirement subject to a maximum of on that date61[240 days] __________________________ 30
RULE 20C: PAYMENT OF CASH EQUIVALENT OF LEAVE SALARY TO A MEMBER OF THE SERVICE RETIRING FROM SERVICE BEFORE ATTAINING THE AGE OF SUPERANNUATION
- (1) The Government shall suo moto sanction to a member of the service who retires from service under sub-rule (1) ofrule 15or sub-rules (2) and (2-A) ofRule 16 of the All India Services (Deathcum- Retirement Benefits) Rules, 1958or to whom notice has been given under sub-rule (3) Of that rule, the cash equivalent of leave salary in respect of the earned leave and half pay leave standing to his credit on the date on which he retires from service : Provided that the quantum of leave in respect of which cash payment is made under this rule shall not extend beyond the date on which the member of service attains the age of superannuation under sub-rule (1) ofrule 16 of the All India Services (Death-cum -Retirement Benefits) Rules, 1958:65[Provided further encashment in respect of earned leave shall be allowed even if it exceeds the period between the date on which the member of the service retires and the date on which he attains the age of superannuation under sub-rule (1) ofrule 16 of the All India Services (Death-cum –Retirement Benefits) Rules, 1958.]
(2) The cash equivalent of leave salary payable in respect of earned leave shall be limited to66[240 days].
(3) The cash equivalent of leave salary payable under sub-rule (1) shall include dearness allowance, in the case of a member of the Service retired from service, before 24th February, 1979 for the first 120 days of leave and in the case of a member of the service retired from service on or after 24th February, 1979 for the first 180 days of leave, at the rates in force on the date on which the member of the service retired from service, and shall be paid in one lump sum, as a one time settlement.
(4) The City Compensatory Allowance and the House Rent Allowance, shall not be included in calculating the cash equivalent of leave salary under this rule.
(5) The pension, pension equivalent of other retirement benefits and relief in pension shall not be deducted from the cash equivalent of leave salary payable under sub-rule (1) in respect of earned leave but it shall be deducted from the cash equivalent of leave salary payable in respect of half pay leave : Provided that if leave salary payable in respect of half pay leave falls short of the aggregate of pension, pension equivalent of other retirement benefits and relief in pension, the deductions from cash equivalent of half pay leave shall be limited to the leave salary in respect of half pay leave.
(6) A member of the Service, who has been permitted by the State Government to voluntarily retire from service while under suspension or who is retired by the Central Government in public interest while under suspension shall be paid the cash equivalent of leave salary under sub-rule (1) in respect of the period of leave at his credit on the date of his retirement from service provided that in the opinion of the authority competent to order re-instatement the member of the Service has been fully exonerated and the suspension was wholly unjustified.]
67[(7) The leave salary payable for the half pay leave component under sub-rule (1) shall be calculated as follows :- Cash pay- Half pay leave salary plus Number of days of half pay leave ment in D.A. if admissible (minus) due on the date of retirement sub- lieu of half = pension, pension equiva- x ject to the limits prescribed under pay leave lent of gratuity and relief the rule.] component on the pension if dearness allowance is admissible on half pay leave. ________________________________ 30
RULE 20D: PAYMENT OF CASH EQUIVALENT OF LEAVE SALARY TO A MEMBER OF THE SERVICE WHO RESIGNS FROM SERVICE
- The Government shall suo moto sanction to a member of the service who resigns from the service the cash equivalent of leave salary in respect of earned leave at his credit on the date of cessation of service, to the extent of half of such leave at his credit, subject to a maximum of68[120 days].
RULE 21: ACCEPTING ANY SERVICE OR EMPLOYMENT WHILE ON LEAVE
- (1) A member of the Service on leave shall not take any service or accept any employment without obtaining the permission of the Government : Provided that a member of the Service who has been granted permission to take any service or accept any employment during leave preparatory to retirement shall be precluded from withdrawing his request for permission to retire and from returning to duty.
NOTE.- This role does not apply to casual literary work of service as an examiner or similar employment.
(2) The leave salary of a member of the Service who is permitted to take up employment2[* *] during leave preparatory to retirement shall be subject to such restrictions as the Central Government may, by general or special order, prescribe.
GOVERNMENT OF INDIA'S DECISION:69Underrule 21(1)of the Rules, no member of the All India Service shall be granted permission to accept private employment during L.P.R.
RULE 22: RECALL OF A MEMBER OF THE SERVICE WHILE ON LEAVE
-A member of the Service who is recalled to duty before the expiry of the leave granted to him shall be entitled,-
(a) if the leave from which he is recalled is out of India,-
(i) to receive a free passage to India, and provided that he has not completed half the period of his leave by the date of leaving for India on recall or 90 days whichever period is shorter, to receive a refund of the cost of his passage from India;
(ii) to receive travelling allowance, admissible to him as a member of the Service in respect of the journey from the port of debarkation to the station to which he is posted;
(iii) to count the time spent on the voyage to India as duty for purposes of calculating leave; and
(iv) to receive leave salary during the voyage to India, and for the priod from the date of landing in India to the date of joining his post, to be paidleave salary at the same rate at which he would have drawn it had he not been recalled but returned in the ordinary course on the termination of his leave.
(b) If the leave from which he is recalled is in India, to be treated as on duty from the date on which he starts for the station to which he is ordered and to draw travelling allowances admissible to him as a member of the Service for the journey but to draw until he joins his post, leave salary only.
Explanation.-For the purpose of this rule leave out of India has the same meaning as given in subrule (2) ofrule 11.]
RULE 23: REJOINING OF DUTY ON RETURN FROM LEAVE ON MEDICAL GROUNDS
-No member of the Service who has been granted leave on medical certificate shall return to duty without first producing a medical certificate of fitness in such form as the government may, by order, prescribe. A similar certificate may be required in the case of a member of the Service who has been granted leave for reasons of health, even though such leave was not actually granted on a medical certificate.
RULE 24: OVERSTAYAL AFTER EXPIRY OF LEAVE
-A member of the Service who remains absent at the end of his leave is entitled to no leave salary for the period of such absence and that period shall be debited to his leave account as though it were leave on half pay, unless his leave is extended by the Government. Wilful absence from duty after the expiry of leave may render a member of the Service liable to disciplinary action.
RULE 25: EFFECT OF TRANSFER TO FOREIGN SERVICE WHILE ON LEAVE
-A member of the Service transferred to foreign service while on leave ceases, from the date of such transfer, to be on leave and shall not be entitled to draw leave salary from that date.
RULE 26: REGULATION OF LEAVE DURING FOREIGN SERVICE IN INDIA
- (1) A member of the Service who is on foreign service in India shall not be granted leave otherwise than in accordance with these rules and shall not be entitled to avail himself of leave or draw leave salary from Government unless he is actually relieved of his duty under the foreign employer and proceeds on leave.
(2) If a member of the Service avails himself of leave to which he is not entitled, he may be required to refund leave salary irregularly drawn and in the event of his refusing to refund he shall forfeit previous service under the Government and shall cease to have any claim on the Government in respect of either pension or leave salary.
RULE 27: REGULATION OF LEAVE DURING FOREIGN SERVICE OUT OF INDIA
- (1) A member of the Service on foreign service out of India may be granted leave by his foreign employer on such conditions as the employer may determine. In any individual case, the authority sanctioning foreign service may determine before-hand in consultation with the employer, the conditions subject to which such leave may be granted by the employer. The leave salary in respect of such leave granted by the employer will be paid by the employer and such leave shall not be debited to the leave account of the member of the Service.
(2) In special circumstances, the authority sanctioning a transfer to foreign service out of India may make arrangements with the member of the Service or the foreign employer under which leave may be granted to a member of the Service in accordance with these rules if the foreign employer or the member of the Service pays to the Consolidated Fund of India leave contribution at such rate as the Central Government may, by general or special order, prescribe.
1[NOTE.- In the case of a member of the Service who remains on foreign service out of India and who, on reversion, immediately takes leave under these rules, the leave salary shall be calculated in accordance withrule 20of these rules. The pay, which the member of the service would have drawn if on duty in India but for foreign service out of India, shall be taken as the pay actually drawn for the purpose of calculating leave salary.] See Government of India's Decision belowrule 28.
RULE 28: LEAVE SALARY CONTRIBUTION WHILE ON FOREIGN SERVICE IN INDIA
- (1) While a member of the Service is on foreign service in India contributions towards the amount of leave salary shall be paid to the Government concerned on his behalf.
(2) the contribution due under sub-rule (1) shall be paid by the member of the Service himself unless the foreign employer agrees to pay them.
(3) The rates of contribution payable under this rule shall be such as the Central Government may by general or special order, prescribe.
(4) The government may, by general or special order, remit the contributions payable under this rule in any specific case or class of cases.
(5) A member of the Service on foreign service may not elect to withhold contributions and to forfeit the right to count as duty in Government service the time spent in foreign employ.
(6) Neither the member of Service nor the foreign employer has any right of property in a contribution paid and no claim for refund shall be entertained.
Explanation.-For the purpose of calculating the rate of leave salary admissible the pay drawn in foreign service, less in the case of the member of the Service paying his own contribution, such part of pay as may be paid as contribution, shall count as pay.
GOVERNMENT OF INDIA'S DECISION :72In pursuance of sub-rule (3), the Government of India have decided that the rates of leave salary contribution in respect of officers of the All India Services on foreign service in India shall be the same as those applicable to officers of the Central Services, Class I, governed by the Revised Leave Rules, 1933, viz., the rates, which are laid down in Appendix II-A in Volume II of the A.G.P. & T's Compilation of Fundamental and Supplementary Rules, They have also decided that the same rates shall apply to officers on foreign service out of India falling within the purview ofrule 27(2).
RULE 29: EXTENT OF LEAVE ADMISSIBLE TO A PROBATIONER IN CASE OF TERMINATION OF SERVICE
-If for any reason it is proposed to terminate the services of a member of theService on probation, any leave which may be granted to him shall not extend beyond the date on which probationary period already sanctioned or extended expires, or any earlier date on which his services, are terminated by an order of the Central Government. GOVERNMENT OF INDIA'S DECISION: 1.1. A question aroce whether on reversion a member of the Service can cany forward the balance of leave at his credit.741.2. This rote does not provide for the lapsing or carrying forward of leave on termination of Service. If, however, the leave roles of the Service, to which he is reverted or reappointed provide for the carrying forward of such leave, he can do so.
RULE 30: COUNTING OF FORMER SERVICE FOR LEAVE IN CASE OF REINSTATEMENT AFTER DISMISSAL OR REMOVAL OF COMPULSORY RETIREMENT FROM SERVICE
-A member of the Service who is dismissed or removed or compulsorily retired from the Service but is reinstated on appeal or revision, under the relevant provisions of theAll India Services (Discipline and Appeal) Rules, 1955, shall be entitled to count his former service for leave.
RULE 31: PROCEDURAL INSTRUCTIONS
- (1) A leave account shall be maintained in respect of each member of the Service.
(2) Subject to any general or special order that may be issued by the Central Government, if necessary in consultation with the Comptroller and Auditor-Geneal of India, the Government may prescribe the procedure to be followed in regard to:-
(i) making of application for leave, and for permission to return from leave;
(ii) granting of leave; and
(iii) the payment of leave salary.
RULE 32: RELAXATION OF THE PROVISIONS OF THE RULES IN INDIVIDUAL CASES
-Where the Government is satisfied that the operation of any of these rules causes or is likely to cause under hardship to a member of the Service, it may, after recording its reasons for so doing and notwithstanding anything contained in any of these rules, deal with the case of such member in such manner as may appear to it to be just and equitable: Provided that the case shall not be dealt with in any manner less favourable to such member than that prescribed in these rules.
RULE 33: INTERPRETATION
-If any question arises as to the interpretation of these rules, the Central Government shall decide the same.]
RULE 34: REPEAL
-All rules corresponding to these rules and in force immediately before the commencement of these rules are hereby repealed: Provided that any order made or action taken under the rules ?o repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.
RULE 35:
[* * *]
MISCELLANEOUS EXECUTIVE INSTRUCTIONS: Clarifications have been sought by some Accountants General as to how the leave salary of IAS/IPS probationers in respect of their past service under the Central Government is to be allocated and whether prior concurrence of the Central Ministry/Department concerned is necessary in this regard.761. It is clarified that all previous services rendered by IAS/IPS/IFS probationers under the Central Government before their appointment to these Services, should count for leave if the service is continuous. The leave salary in such cases has to be allocated on the analogy of the provisions contained inrule 9of Part II-B of Appendix III to Accounts Code Vol. I. The concurrence of the concerned Ministry of the Government of India is not necessary. However an intimation may be sent to them in this regard. As regards probationers, who were-working under the State Government before their appointment to the IAS/IPS/IFS their previous service shall count for leave provided the State Government under whom they were working agree to pay the leave salary.772. A point has been raised whether in the case of a member of an All India Service who is deputed to serve under the Central Government but applied for leave before assuming charge under the Central Government who is the competent authority to grant him leave in such circumstances and the date from which the deputation of the officer to the Central Government actually commenced. It is clarified that in the type of cases referred to in the preceding paragraph, the competent authority to grant leave is the State Government. The period of deputation to the Central Government in such cases commences from the date on which the officer assumes charge under the Central Government on the expiry of the leave so granted to him. The joining time admissible to him will commence on the expiry of the leave.3. A question has been raised as to how leave at the credit of the Indian Civil Service members of the Indian Administrative Service and the Indian Police members of the Indian Police Service who were governed by the Ordinary Leave Rules prior to the commencement of the Former Secretary ofState Service Officers (Conditions of Service) Act, 1972, should be carried forward as on the 1st October, 1972, to their leave account to be opened under the All India Services (Leave) Rules, 1955. (2) It is clarified that the following procedure should be followed in this regard:- (i) The leave on average pay at the credit of an officer under column 6 of the leave account should be carried forward as earned leave to his leave account to be opened under the All India Service (Leave) Rules, 1955, subject to a maximum of 180 days. If the leave carried forward is 180 days, the will cam further leave under the new rules only when the accumulated leave at his credit falls below 180 days. (ii) Twice the credit in Column 7 of the leave account under the Ordinary Leave Rules should be converted into days and carried forward to the new leave account as half pay leave and from 1st October, 1972, half pay leave shall be calculated underrule 12 of the All India Services (Leave) Rules, 1955.(iii) If an officer had availed of leave on average pay on medical certificate exceeding four months as debited against the credit in Column 7 of the leave account under the Ordinary Leave Rules, for a period of 240 days or more, he will not be entitled to any commuted leave underrule 13 of the All India Services (Leave) Rules, 1955. (iv) The leave not due, if any, availed of by an officer under the Ordinary Leave Rules, shall be counted towards to limit of 360 days laid down inrule 14 of the All India Services (Leave) Rules, 1955. If he has already aviled of leave not due for 360 days or more upto 1st October, 1972, he shall not be entitled to any further leave not due.79(3) If an officer was sanctioned leave under the Ordinary Leave Rules before 1st October, 1972, and the period of the leave extends beyond 1st October, 1972, the portion of the leave falling beyond this date should be treated as leave sanctioned to him under theAll India Services (Leave) Rules, 1955. Thus, in case the leave on average pay sanctioned to him was in excess of four months (120 days), the leave salary admissible to him, during the period of leave in excess of 120 days, falling beyond 1st October, 1972, would not be subjected to the ceiling prescribed under F.R. 89. The period of leave spent in India in such cases, should however, not exceed 120 days.804. A point has been raised whether orders issued by some State Governments in regard to the encashment of leave to its employees could be extended to members of the All India Services working under them underrule 2(6) of the All India Services (Conditions of Service-Residuary Matters) Rules, 1960. It is clarified that encashment of leave to members of the AIS serving under the State Government is a matter relating to conditions of service and since there is no provision in any of the rules made under theAll India Services Act, 1951for encashment of leave, maters relating to encashment of leave in the case of members of the service serving to connection with affairs of the State are to be regulated in accordance with the rules, regulations and orders applicable to members of the State Civil Services, Class I in terms ofRule 2(b) of the AIS (Conditions of Service-Residuary Matters) Rules, 1960. It is further clarified that in accordance with the provisions contained inrule 2(a)of the Rules referred to in the previous paragraph, membeis of the All India Services serving in connection with the affairs of the Union are governed by the rules, regulations and orders as applicable to the Central Civil Services Group 'A'. As the benefit of leave encashment is not available to the member of the Central Civil Services. Group 'A', members of AIS serving in connection with the affairs of the Union are not entitled to this benefit. It is, therefore, not correct to sanction leave encashment to members of All India Services, who are serving in connection with the affairs of the Union. GOVERNMENT OF INDIA'S DECISION:81The undersigned is directed to say that it has been decided to delegate to each Ministry/Department the powers of the Central Government underRules 3(1),6,9(2),11(2),12(2),13,14,15,16,18,19,20(6) of the A.I.S. (Leave) Rules, 1955, in regard to the All India Service Officers working in or under each Ministry/Department.
26. Subs. by G.S.R. 406, dated 14th May, 1987 for "180 days".
27. Substituted for "240", vide " ALL INDIA SERVICES (LEAVE) RULES, 1955" Dt.14th March, 1998 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel & Training), Noti. No.G.S.R. 60, dated March 3, 1998, published in the Gazette of India, Part II, Section 3(i),dated 14th March, 1998, p. 207, No. 11 [No. 11019/6/97-AIS(III)] [L]
30. Subs. by D.P. & A.R. Notification No. 11019/5/76-A.I.S. (III), dated 20th June, 1977 i.e. G.S.R.
815, dated 25th June, 1977,
37. Substituted for " 11 . Maximum leave admissible at a time .- (1) Subject to the provisions of rule 9 and sub-rule (2) of this rule, the maximum earned leave that can be granted to a member of the Service at a time shall be 120 days: 2 [Provided that earned leave granted 3 [* * *] or as preparatory to retirement shall be subject to a maximum of 4 [240 days]. (2) Earned leave may be granted to a member of the Service exceeding a period of 120 days but not exceeding 180 days, if the entire leave so granted or any portion thereof is spent outside India, Burma, Ceylon 5 [* * *] Nepal and Pakistan : Provided that where earned leave exceeding a period of 120 days is granted under this sub-rule, the period of such leave spent in India shall not in the aggregate exceed 120 days. ", vide " ALL INDIA SERVICES (LEAVE) RULES, 1955" Dt.22nd May, 1993 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel and Training), Noti. No. G.S.R. 252, dated May 3, 1993, published in the Gazette of India, Part II, Section 3(i), dated 22nd May, 1993, p. 837, SI. No. 21 [No. 11019/6/91/AIS(111)] [C]
38. Substituted for "240", vide " ALL INDIA SERVICES (LEAVE) RULES, 1955" Dt.14th March, 1998 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel & Training), Noti. No.G.S.R. 60, dated March 3, 1998, published in the Gazette of India, Part II, Section 3(i),dated 14th March, 1998, p. 207, No. 11 [No. 11019/6/97-AIS(III)] [L]
31. [G.I. MHA letter No. 13/7/64-AIS (III), dated October, 1964.]
39. [G.I. M.H.A. letter No. 4/19/59;AIS(III), dated 10th August, 1959.]
43. Omitted by GSR 397(E), dated 29th March, 1989.
40. [G.I. MHA letter No. 10/7/56-AIS(II), dated 24th October, 1956.]
44. Subs. by Omitted by GSR 397(E), dated 29th March, 1989.
47. Substituted for "90", vide " ALL INDIA SERVICES (LEAVE) RULES, 1955" Dt.28th March, 1998 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel & Training), Noti. No.G.S.R. 71, dated March 9, 1998, published in the Gazette of India, Part II, Section 3(i), dated 28th March, 1998, pp. 243-244, No. 13 {No. 11019/6/97-AIS (C-III)] [L]
48. Inserted vide " ALL INDIA SERVICES (LEAVE) RULES, 1955" Dt.28th March, 1998 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel & Training), Noti. No.G.S.R. 71, dated March 9, 1998, published in the Gazette of India, Part II, Section 3(i), dated 28th March, 1998, pp. 243-244, No. 13 {No. 11019/6/97-AIS (C-III)] [L]
52. Omitted by D.P. & A.R. Notification No. 1/9/74-A.I.S.(III), dated 10th June, 1975 i.e. C.S.R. 754, dated 21st June, 1975.
53. [G.I. MHA letter No. l/133/63-AlS(II), dated 2nd December, 1963.]
55. Subs. by G.S.R. 406, dated, 14th May, 1987.
57. Deleted by Notification No. 11019/17/79-AIS(III), dated 28th August, 1980, i.e. (G.S.R. 950, dated 20th September, 1980).
58. Subs. by G.S.R- 406 dated 14th May, 1987.
59. Substituted for "[240 days], ", vide " ALL INDIA SERVICES (LEAVE) RULES, 1955" Dt.14th March, 1998 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel & Training), Noti. No.G.S.R. 60, dated March 3, 1998, published in the Gazette of India, Part II, Section 3(i),dated 14th March, 1998, p. 207, No. 11 [No. 11019/6/97-AIS(III)] [L]
60. Ins. by Notification No. 11019/17/79-AIS(III), dated 28th August, 1980, i.e. (G.S.R. 950 dated 20th September, 1980).
61. Subs. by G.S.R. 406, dated 14th May, 1987.
62. Subs. by G.S.R. 1111, dated 5th November, 1985.
63. Ins. by Notification No. 11019/25/81-AIS(III), dated 3rd February, 1984, i.e. (G.S.R. No. 163 dated 3rd February, 1984).
65. Ins. by G.S.R. 1111, dated 5th November, 1985.
66. Subs. by G.S.R. 406, dated 14th May, 1987.
67. Inserted by Notification No. 11019/25/81-AIS(III), dated 3rd February, 1984 i.e. (G.S.R. 163, dated 18th February, 1984).
68. Subs. by G.S.R. 406, dated 14th May, 1987
69. [G.I. D. P. & A.R. letter No. 11019/13-77-AIS(III), dated 22nd June, 1977.]
72. [G.I. M.H.A. letter No. 10/9/55-AIS(II),dated 31st July, 1956.]
74. [G.I. M.H.A. letter No. 16/5/61-AIS(III), dated 29th November, 1961.]
77. [D.P. and A.R. letter No. 1/4/73-AIS(III), dated 31st January, 1973.]
79. [D.P. and A.R. letter No. 1/24/72-AIS(III), dated 24th May, 1973.]
80. [G.I.,DP & AR letter No. 14/1/70-AIS(III), dated 28th June, 1975 and No. 11019/6/81-AIS(III), dated 21st September, 1981.]
81. [G.I. letter No. 11019/7/78-AIS(III), dated 12th April, 1978.]
ALL INDIA SERVICES (LEAVE TRAVEL CONCESSION) RULES, 1975
In exercise of the powers conferred by sub-section (1) of Sec. 3 of the All India Services Act, 1951 (61 of 1951), the Central Government after consultation with the Governments of the States concerned, hereby make the following rules, namely:-
RULE 01: SHORT TITLE AND COMMENCEMENT
- (1) These rules maybe called the All India Services (Leave Travel Concession) Rules, 1975.
(2) They shall come into force on the date of their publication in the Official Gazette.
RULE 02: DEFINITION
-In these rules, unless the context otherwise requires, a member of the Service means a member of an All India Service, as defined inSec. 2 of the All India Services Act, 1951 (61 of 1951)-
RULE 03: REGULATION OF LEAVE TRAVEL CONCESSION
- (1) The Leave Travel Concession of a member of the Service, serving in connection with the affairs of Union, shall be regulated in the same manner and subject to the same conditions, as are applicable to the officers of Central Civil Services, Group 'A'.
(2) The Leave Travel Concession of a member of the Service serving in connection with the affairs of a State, shall be regulated in the same manner, and subject to the same conditions' as are applicable to the officers of .the State Civil Services, Class I: Provided that the concession afforded to a member of the Service under this sub-rule shall not at any time be inferior to that to which he would be entitled under sub-rule (1), had he been appointed to serve in connection with the affairs of Union.]
RULE 04: INTERPRETATION
-If any question arises as to the interpretation of these rules, it shall be referred to the Central Government for decision.
GOVERNMENT OF INDIA'S DECISION:1(1) Travel by air or air-conditioned First Class is not admissible under the LTC Rules of the Central Government.4(2) LTC is not admissible to visit a place outside India.5(3) A question has been raised whether LTC is admissible during the period of suspension. It is clarified that a Government servant under suspension cannot avail of LTC as he cannot get any leave including casual leave during the period of suspension. As he continues to be in service during the period of suspension, members of his family are entitled to LTC.6(4) Proviso torule 3(2)-of LTC Rules empowers an Officer to opt for the Central Rules. It is clarified that in a particular block of years, a member of the Service serving under the State Government can exercise option to be governed by either Central Rules or the State Rules in toto. It is not permissible to pick up certain features of the State Rules and certain other features of the Central Rules for the purpose of claims.(5) Under Central Government Rules, a Government servant can draw advance in respect of the journey proposed to be performed under the Leave Travel Concession scheme by himself and/or by members of his family 60 days before the proposed date of the outward journey. He should, however, produce railway cash receipts within ten days of the drawal of the advance to the competent authority to show that he has actually utilised the amount to purchase tickets. These orders are applicable to All India Service officers also, who arc governed by the Central Rules.7(6) The Central Government have decided that in the case of Leave Travel Concession to visit any place in India (other than home town), once in a block of four years the reimbursement of fare may be allowed for the entire distance both ways without any deduction in respect of the first 400/160 Kms. as at present. There will, however be no change in regard to the Leave Travel Concession, to home town under which a Government employee will have to bear the liability in respect of the first 400/160 Kms. as the case may be. These orders are applicable to All India Service officers also who are governed by the Central Rules.8-9(7) The simplified procedure laid down in the DP & AR OM No. 31011/1/77-Estt-A, dated 1st October, 1977, is applicable to members of All India Services also, who are governed by the Central Rules.SUBJECTS- Simplification and rationalisation of procedures relating to leave travel concession scheme-Recommendations of Task Force. The undersigned is directed to say that the Government of India have had under consideration the question of rationalising and simplifying the procedure regulating the claims of Central Government employees under the Leave Travel Concession Scheme. A Task Force was constituted to go into the flutter and after considering their recommendations. Government have decided that the existing Leave Travel Concession Scheme for Central Government servants, as amended from time to time, shall be modified to the extent indicated below with immediate effect:- (i) It is not necessary to have an elaborate check on the declaration of home town by an employee. The declaration made by the Government servant initially may be accepted and a detailed check may be applied only when he seeks a change. (ii) Advance on account of Leave Travel Concession may be sanctioned by the Head of the Office instead of by the Controlling Officer. (iii) Where the shortest route by which the journey is required to be performed is disrupted due to accidents or other causes, the power to grant reimbursement by the actual route travelled may be exercised by the Controlling Authority, instead of by the Department of Personnel and Administrative Reforms, in consultation with the Ministry of Finance (Department of Expenditure) as at present. (iv) The deduction to be made for the first 400 Kms. (160 Kins. in the case of Group D employees) will be the amount A or B, to be worked out as shown below, whichever is less: A: This will be the fare calculated for the first 400 Kms. from the Railway Pare Tables for the actual Class by which this portion of the journey is undertaken. B: This will be that proportion of the total actual fare which 400 Kms. bears to the distance travelled. If, however, a portion of the initial 400 Kms. (160 Kms. for Group 'D' employees) is travelled by rail in a class higher than that to which he is entitled to, the excess fare by the unauthorised class shall be disregarded and the deduction to be made shall be calculated as indicated above as if journey had not been made by the unauthorised class. Illustration:Example I- Journey first 600 Kms. by II Class and rest 900 kms. by I Class:- II Class fare for 600 kms. Rs. 27.00 I Class fare for 900 kms. Rs. 143.00 ____________ Total fare paid : 1500 kms. Rs. 170.00 A-Actual fare for 1st 400 kms. = Rs. 18.40 (from Riy. fare table) by II Class. OR BProportionate fare for 400 kms. 400 x 170 Rs. 45.33 1500 Government servant's share ('A' or 'B' whichever is less) Rs. 18.40 ___________ Example II- Journey first 600 tans. by I Class and rest 900 kms. by II Class :- I Class fare for 600 kms. Rs. 107.00 II Class fare for 900 kms. Rs. 37.75 _____________ Total fare paid : 1500 kms. Rs. 144.75 ______________ A- Actual fare for first 400 kms. = Rs. 75.00 (from Riy. fare table) by I Class. B-Proportionate fare for 400 kms. 400 x 144.75 Rs. 38.60 1500 Government servant's share ('A' or 'B' whichever is less). Rs. 38.60 _________________(v) The existing limitation that, when the journeys are performed in groups by the family of the Government servant the last group has to commence the outward journey within six months of the commencement of the outward journey of the first group, is removed. There need be no stipulation of time limit except that the concession would be available for different groups during the currency of the block in respect of which the first group performed its journey. Cany forward of Leave Travel Concession would be permitted, even if one group has availed of it during the block period itself, by other groups who have not availed of the concession. (vi) L.T.C. to visit home-town in a block of two years and to any place in India once in four years will be allowed both ways during leave preparatory to retirement, provided the return journey is completed before the expiry of the leave preparatory to retirement. (vii) The Leave Travel Concession at present admissible to a Government servant and his family in respect of outward journey from the headquarters to home-town during refused leave and terminal leave in terms of Ministry of Home Affairs O.M. No. 43/10/58-Estts. (A), dated the 11th December, 1958, will not henceforth, be admissible. (8) Leave travel concession Scheme-Admissibility of L.T.C to Home Town every year to unmarried Central Government employees having dependents living in home-town. The undersigned is directed to say that according to the then Ministry of Home Affairs O.M. No. 6/7/59 Estt. 'A', dated 6th October, 1960, Government servants who had left their spouse and children in their home town could avail of L.T.C. for self only to visit home town every year. The staff side of the National Council (JCM) has demanded that similar facility should also be extended to unmarried Central Government employees who have parents, sisters and minor .brothers wholly dependent on them living in their home town, in view of the expanded definition of 'family' contained in S.R. 2(8) as a result of the recommendation of the Third Pay Commission. The matter was discussed in the 28th Ordinary Meeting of the National Council (JCM) held on 14/15 January, 1986 and it has been decided that unmarried Central Government employees who have left their wholly dependant parents, sisters, and minor brothers at their home-town may also be given the benefits of L.T.C to visit their home town every year. This concession will be in lieu of all other L.T.C facilities admissible to Government servant himself and the aforesaid parents, sister and brothers. Further, for the purpose of this Office Memorandum the term "wholly dependant" will have the same meaning as that given in the Ministry of Finance, Department of Expenditure, O.M. No. 19030/1/75-E. IVB, dated 1st March, 1975. 2. Ministry of Finance etc. are requested to bring the above decision of the Government to the notice of all administrative authorities under their control.103. In so far as persons serving in" the Indian Audit and Accounts Department are concerned, these orders issue in consultation with the Comptroller and Auditor General of India.11(9) Leave Travel Concession to Central Government employees and M.T.D.C. Buses regarding.-I am directed to forward herewith letter No. A-14/R 19/99, dated the 17th March, 1986 alongwith its (Not Printed) enclosures from the District Manager, Telephones, Nagpur on the above subject and to say that the facility of availing Leave Travel Concession by Government servants by travelling in private chartered buses has been withdrawn with effect from 11th July, 1985 in terms of this Department's Office Memorandum No. 31011/2/84-Estt. (A), dated the 11th July, 1985 (Copy enclosed). It is observed from the enclosed letter that Private Transporters in Nagpur are chartering the buses of the Maharashtra Tourism Development Corporation and arc conducting L.T.C. tours for the Government employees on long routes. The M.T.D.C. is also issuing certificates in such a manner as to be misused by the private operators who issue misleading advertisements to give the impression that travel by their buses chartered from M.T.D.C. is permissible for purposes of L.T.C. The actual fact is that travel by vehicles operated by private operators, irrespective of the fact whether such vehicles are owned by them or chartered by them from others, does not qualify for purposes of L.T.C. It is only travel by buses directly operated on tours by State Tourism Development Corporations that qualifies for purposes of L.T.C. and not travel by bus of State Tourism Development Corporation chartered out by them to private parties. In the circumstances, it is requested that the suitable directive may be issued to the Maharashtra Tourism Development Corporation to desist from issuing letters like the one at Annexure-A to the enclosure. This is necessary because notwithstanding the issue of such letters, L.T.C claims of the employees concerned are not admissible and the Corporation of the State Government may unwillingly get a bad name on this account.Copy of No. 31011/2/84-Estt. (A), dated 11th July, 1985. SUBJECT:- Modification in Leave Travel Concession to home-town once in block of two years. The undersigned is directed to say that as a result of the recommendations of the Third Central Pay Commission, Leave Travel Concession to any place in India once in a block of 4 years was introduced by the Department of Personnel and A.R. O.M. No. 43/6/73-Estt. (A), dated 11th March, 1974 (Not Printed)(for Group 'B'.'C & 'D' employees) and 3rd May, 1974 (Not printed) (for Group 'A' Employees) subject to all the conditions applicable to leave travel concession to home-town once in a block of 2 yers, Consequently, Government servants had to bear the liability in respect of the first 400/160 Kms, as the case may be, also in respect of L.T.C. to any place in India once in a block of 4 years. Later on, the scheme was further liberalised through the Department of Personnel and A.R., O.M. No. 31011/10/78-Estt.(A), dated 1st September, 1978, (not printed) to provide that in the case of Leave Travel Concession to visit any place in India (other than home-town) once in a block of 4 years, full reimbursement of fare might be allowed for the entire distance both ways, without any deduction in respect of first 400/160 kms., as the case may be. Thereafter, as a result of discussions, in the 26th Ordinary meeting of the National Council (JCM) held on 13/14th May, 1982, the provisions in the aforesaid O.M. of 1st September, 1978 were further liberalised through this Department O.M. No. 31011/3/82-Estt. (A), dated 23rd December 1982 (Not printed) providing for full reimbursement in respect of visit to home-town as if it were a visit to any place in India if the L.T.C. to any place in India in a block of 4 years was utilised to visit home-town. In view of the aforesaid developments. Government have had under consideration the question whether full reimbursement may be allowed in respect of L.T.C. to visit home-town once in a block of two years without the existing deduction in respect of the first 40^/160 kms., as the case may be. The matter was also discussed in the Standing Committee of the National Council (JCM) on 30th May, 1985. As a result of the discussions, it has been decided that full reimbursement may be allowed also in respect of L.T.C to home-town once in a block 2 of years, without any restriction in regard to the first 400/160 kms. as the case may be. As a corollary to this, those whose hometowns are situated at distances less than 400/160 kms, will also be eligible for L.T.C to hometown. Fresh declarations may, therefore be called for from such of those persons who were hitherto ineligible for L.T.C. to home-town on account of their home-towns being situated within 400/160 kms, from their headquarters and who had not declared their home-towns so far. All new entrants .into service may also be asked to declare their home-town irrespective of its distance from headquarters. 3. Further, in view of the possibilities of misuse and difficulties in verifying the bona fides of individual claims, it has been decided in consultation with the Staff Side in the aforesaid meeting of the Standing Committee that the existing provisions relating to regulation of L.T.C. claim when a Government servant undertakes the journey in a chartered bus, van or other vehicle shall be withdrawn with immediate effect, in so far such vehicles are owned by private operators. Accordingly para 2(4) of this Department O.M. No. 31011/2/77-Estt.(A), dated 3rd February, 1979, (Not printed) may be treated as modified to this extent. There is, however, no bar to travel by buses, vans or other vehicles, on charter, where these vehicle are operated by Tourism Development Corporations in the Public Sector, State Transport Corporations and Transport Services run by other Government or local bodies. 4. It has also been decided for similar reasons that the provisions contained in the then Ministry of Home Affairs O.M. No. 43/5/57-Estt.(A), dated 11th February, 1958, (Not printed) providing, for reimbursement for journeys performed by Government servants by private cars, (the cost of propulsion being borne by Government servants themselves) shall be withdrawn with immediate effect. The aforesaid O.M. of 11th February, 1958 (Not printed) may, therefore, be treated as modified to this extent. (10) Grant of advance to Central Government employees for availing LTC/Annual Free Sea Passage-Amendment torule 235(2) of the General Financial Rules, 1963 (Third Edition)-The undersigned is directed to say that the President has been pleased to decide that employees of the Lakshwadeep and A & N Administrations may be sanctioned an advance of 90% of the estimated ship fare from Island and Main Land and back for availing Annual Free Sea Passage. It has also been decided to increase the amount of advance for availing Leave Travel Concession from 80% to 90% of estimated fare in respect of the Central Government employees. 2. Necessary amendments in this regard torule 235(2) of the General Financial Rules, 1963and to Government of India's decision (2) below this rule are enclosed. 3. This Ministry's O.M. No. F. 17(1)-E 11(A)/75, dated 27th November, 1975 and O.M. No. F. 17(1)-E 11 (A)/86, dated 30th April, 1986 arc hereby cancelled. 4. So far as persons serving in the Indian Audit and Accounts Department are concerned these orders issue in consultation with the Comptroller and Auditor General of India. 5. Ministry of Home Affairs etc. are requested to bring these orders to the notice of all their attached and subordinate offices.Enclosure Amendments to General Financial Rules, 1963 (3rd Edition) Substitute this rule by the following:- "235(2)(i)- The amount of advance in each case shall be limited to 90% of the estimated amount which Government would have to reimburse in respect of the cost of the Journeys both ways." Amendment to General Financial Rules, 1963 (3rd Edition) Substitute the existing Government of India's decision (1) below this rule inserted vide this Ministry's O.M. No. P. 27(1)-E. II(A)/86, dated 30th April, 1986 by the following:-12"Government of India's Decision((1)-The employees of the A & N and Lakshadweep Island and Central Government employees posted in these Island who are entitled to avail the annual free Sea Passage between Islands and Mainland as a condition of their service may be given an advance limited to 90% of the estimated amount which Government would have to reimburse in respect of the cost of the journeys both ways. Other terms and conditions laid down inrule 235 of the General Financial Rules, 1963as amended from time to time would also apply*.(II) Copy of O.M. No. 31011/11/85-Estt. (A), dated, 21st March, 1986 Government of India, Ministry of Personnel, Public Grievances and Pension (Department of Personnel and Training). SUBJECT: Leave Travel Concession-Recovery of advance. The undersigned is directed to refer to the Ministry of Home Affairs O.M. No. 43/3/63- Estt. (A), dated the 1st October, 1966 on the subject mentioned above and to say that according to the said Office Memorandum, a Government servant who is granted advance to enable him/her and/or members of his/her family to avail himself/herself of the LTC should refund it in full, immediately, if the outward journey is not commenced within thirty days of the drawal of advance. Subsequently since the Railways had raised the time limit for reservation of seats/berths by six months before the date of the journey. It was decided vide this Department's O.M. No. 31011/4/78-Estt.(A), dated 1st September, 1978 that a Government servant can draw advance in respect of the journey proposed to be performed under the Leave Travel Concession Scheme by himself and/or by the members of his family, sixty days before the proposed date of the outward journey. In such case, it was further decided that the Government servant should produce railway tickets within ten days of the drawal of advance to the competent authority to show that he has actually utilised the amount to purchase the tickets. 2. It has, however, been noticed that, due to administrative lapse in certain cases, the LTC advances which were not utilised to purchase the tickets in time remained un-recovered for many months. This Department take a serious view of the matter. It is once again stressed that the above provision should be strictly observed. Ministry of Finance etc. are requested to ensure that if the ticket is not purchased, within the stipulated time, or the ticket having been purchased, the journey is not performed for one reason or the other, the full amount of the advance is recovered immediately, and no request or deduction of advance in convenient monthly instalments is entertained.
1. [DP & AR File No. 24/2/74-A.I.S. (II), Vol II.]
4. [DP & AR file No. 11022/1/77-A.I.S. (II).)
5. [DP & AR File No. 11022/11/77-A.I.S. (II).]
6. [DP & AR letter No. 11022/6/77-A.I.S. (II), dated 1st October, 1977.]
7. [DP & AR letter No. 31011/11/77-Estt. (A), dated 1st September, 1978.]
8. [DP & AR letter No. 11022/1/77-AIS (II), dated 7th November, 1977.]
9. [DP & AR OM No. 31011/1/77-Estt. (A), dated 1st October, 1977.]
10. [O.M. No. 31011/17/85-Estt. (A), dated 3id April, 1986, Government of India Ministly of Personnel, Public Grievance & Pension (Department of Personnel & Training).]
