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Central Civil Services (Pension) Rules, 1972

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Central Civil Services (Pension) Rules, 1972

CHAPTER I

PRELIMINARY

1. Short title and commencement.--

(1) These rules may be called the Central Civil Services (Pension) Rules, 1972.

(2) They shall come into force on the 1st June, 972.

2. Application.--

Save as otherwise provided in these rules, these rules, [1][these rules shall apply to Government servant appointed on or before the 31st day of December, 2003] including civilian Government servants in the Defence Services, appointed substantively to civil services and posts in connection will the affairs of the Union which are borne on pensionable establishments, but shall not apply to--

(i) railways servants;

(ii) persons in casual and daily rated employment;

(iii) persons paid from contingencies;

(iv) persons entitled to the benefit of a Contributory Provident Fund;

(v) members of the All India Services;

(vi) persons locally recruited for service in diplomatic. Consular or other Indian establishments in foreign countries;

(vii) persons employed on contract except when the contract provides otherwise; and

(viii) persons whose terms and conditions of service are regulated by or under the provisions of the Constitution or any other law for the time being in force.

3. Definitions.--

In these rules, unless the context otherwise requires--

(1) (a) 'Accounts Officer' means an officer, whatever his official designation who maintains the accounts of a Ministry, Department or Office of the Central Government or Union Territory and includes an Accountant-General, who is entrusted with the functions of maintaining the accounts or part of accounts of the Central Government or Union Territory;

(aa) 'allottee' means a Government servant to whom Government accommodation has been allotted on payment of licence fee or otherwise;

(b) ??'average emoluments' means average emoluments as determined in accordance with Rule 34;

(c) ??'child' means a child of the Government servant who, if a son, is under [twenty five years] of age and if a daughter, is unmarried and is uncles [twenty five years] of age and the expression 'children' shall be construed accordingly;

(d) ??'clearness relief means relief as defined in Rule 55-A;

(d) ??'Defence Services' means services under the Government of India in the Ministry of Defence, and in the Defence Accounts Department under the control of the Ministry of Finance (Department of Expenditure) (Defence Division), paid out of the Defence Services Estimates and not permanently subject to the Air Force Act, 1950 (45 of 1950) or the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957);

(e) ??'emoluments' means emoluments as defined in Rule 33;

(f) ???'family pensions' means 'Family Pension, 1964' admissible under Rule 54 [but docs not include dearness relief];

(g)? ?'foreign service' means service in which a Government servant receives his pay with the sanction of the Government from any source other than the Consolidated Fund of India or the Consolidated Fund of a State or the Consolidated Fund of a Union Territory;

(h) 'Form' means a Form appended to these rules;

(i) 'Government' means the Central Government;

(ii) 'Government dues' means dues as defined in Sub-rule (3) of Rule 71;

(j) ??'gratuity' includes?

(i) 'service gratuity' payable under Sub-rule (1) of Rule 49;

(ii) 'retirement/gratuity' death gratuity/payable under Sub-rule (1) of Rule 50, and]

(iii) 'residuary gratuity' payable under Sub-rule (2) of Rule 50;

(k)? ?'Head of Department' means an authority specified in Schedule I to the [Delegation of Financial Powers Rules, 1978], and includes such other authority or person whom the President may, by order, specify as Head of a Department;

(l) ???'Head of Office' means a gazetted officer declared as such under [Rule 14 of the Delegation of Financial Powers Rules, 1978], and includes such other authority or person whom the competent authority may, by order, specify as Head of Office;

(m) 'Local Fund administered by Government' means the fund administered by a body which, by law or rule having the force of law, comes under the control of the Government and over whose expenditure the Government retains complete and direct control;

(n) ?'minor' means a person who has not completed the age of eighteen years;

(o) ??'pension' includes gratuity except when the term 'pension' is used in contradistinction to gratuity, but docs not include clearness relief;

(p) 'Pension Disbursing Authority' means;

(i) Branch of a nationalised bank, or

(ii) Treasury including sub-treasury, or

(iii) Accounts Officer;

(q) 'qualifying service' means service rendered while on duty or otherwise which shall be taken into account for the purpose of pensions and gratuities admissible under these rules;

(r) 'retirement benefits' includes pension or service gratuity, and [retirement gratuity], where admissible;

(rr) ?'service book' includes service roll, if any;

(s) ??Treasury' includes a Sub-Treasury.

(2) ?Words and expressions used herein and not defined but defined in the Fundamental Rules have the meanings respectively assigned to them in those Rules.

4. Government servants transferred from services and posts to which these rules do not apply.--

(1) A Government servant who is transferred permanently to a service or post to which these rules apply from a service or post to which these rules do not apply shall become subject to these rules--

Provided that it shall be open to him, within six months of the date of issue of the order of his permanent transfer or, if he is on leave on that day, then, within six months of his return from leave, whichever is later, to elect to be governed by the pension rules to which he was subject immediately before the date of his transfer.

(2) The option under the proviso to Sub-rule (1) shall be exercised in writing and communicated to the authority making such order of transfer.

CHAPTER II

General Conditions

5. Regulation of chums to pension or family pension.-

(1) Any claim to pension or family pension shall be regulated by the provisions of these rules in force at the time when a Government servant retires or is retired or is discharged or is allowed to resign from service or dies, as the case may be.?

(2) The day on which a Government servant retires or is retired or is discharged or is allowed to resign from service, as the case may be, shall be treated as his last working day. The date of death shall also be treated as a working day :

Provided that in the case of a Government servant who is retired prematurely or who retires voluntarily under Clauses (j) to (m) of Rule 56 of the Fundamental Rules, 1948 [or Rule 48-A] as the case may be, the date of retirement shall be treated as a non-working day.

(3) ?The option, once exercised, shall be final.

6. [Deleted].

7. Limitations on number of pensions.--

(1) A Government servant shall not earn two pensions in the same service or post at the same time or by the same continuous service.

(2) Except as provided in Rule 19, a Government servant who, having retired on a superannuation pension or retiring pension, is subsequently re-employed shall not be entitled to a separate pension or gratuity for the period of his re-employment.

8. Pension subject to future good conduct.--

(1) (a) Future god conduct shall be an implied condition of every grant of pension and its continuance under these rules.

(b) ??The appointing authority may, by order in writing, withhold or withdraw a pension or a party thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct.

Provided that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount of [rupees three hundred and seventy-five] per mensem.

(2) Where a pensioner is convicted of a serious crime by a Court of law, action under Sub-rule (1) shall he taken in the light of the judgment of the Court relating to such conviction.

(3) In a case not falling under Sub-rule (2), if the authority referred to in Sub-rule (1) considers that the pensioner is prima facie guilty of grave misconduct, it shall before passing an order under Sub-rule (1)?

(a) serve upon the pensioner a notice specifying the action proposed to be taken against him and the ground on which it is proposed to be taken and calling upon him to submit within fifteen days of the receipt of the notice or such further time not exceeding fifteen days as may be allowed by the [appointment authority] such representation as he may wish to make against the proposal; and

(b) take into consideration the representation, if any, submitted by the pensioner under Clause (a).

(4) Where the authority competent to pass an order under Sub-rule (1) is the President, the Union Public Service Commission shall be consulted before the order is passed.

(5) An appeal against an order under Sub-rule (1), passed by any authority other than the President, shall lie to the President and the President shall, in consultation with the Union Public Service Commission, pass such orders on the appeal as he deems fit.

Explanation.-- In this rule,--

(a) the expression 'serious crime' includes a crime involving an offence under the Official Secrets Act, 1923 (19 of 1923).

(b) the expression 'grave misconduct' includes the communication of disclosure of any secret official code or pass word or any sketch, plan, model, article, note, document or information, such as is mentioned in Section 5 of the Official Secrets Act, 1923 (19 of 1'923) (which was obtained while holding office under the Government) so as to prejudicially affect the interests of the general public or the security of the State.

9. Right of President to withhold or withdraw pension.--

(1) The President reserves to himself the right of withholding a pension or gratuity, or both, cither in full or in part, or withdrawing a pension 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 Government, if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of services, including service" rendered upon re-employment after retirement :

Provided that the Union Public Service Commission shall be consulted before any final orders are passed :

Provided further that where a part of pension is withheld or withdrawn the amount of such pensions shall not be reduced below the amount of rupees three hundred and seventy-five per mensem]

(2) (a) The departmental proceedings referred to in Sub-rule (1), if instituted while the Government servant was in service whether before his retirement or during his re-employment, shall, after the final retirement of the Government servant be deemed to be proceedings under this rule and shall be continued and concluded by the authority by which they were commenced in the same manner as if the Government servant had continued in service :

Provided that where the departmental proceedings are instituted by an authority subordinate to the President, that authority shall submit a report recording its findings to the President.

(b) ??The departmental proceedings, if not instituted while the Government servant was in service, whether before his retirement, or during his re-employment,--

(i) shall not be instituted save with the sanction of the President.

(ii) shall not be in respect of any event which took place more than four years before such institution, and

(iii) shall be conducted by such authority and in such place as the President may direct and in accordance with the procedure applicable to departmental proceedings in relation to the Government servant during his service.

(3) In the case of Government servant who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings are continued under Sub-rule (2), a provisional pension as provided in [Rule 59] shall be sanctioned.

(4) Where the President decides not to withhold or withdraw pension but orders recovery of 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 a Government servant.

(5) For the purpose of this rule,--

(a) departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the Government servant or pensioner, or if the Government servant has been placed under suspension from an earlier date, on such date; and

(b) judicial proceedings shall be deemed to be instituted?

(i) in the case of criminal proceedings, on the date on which the complaint or report of a police officer, of which the Magistrate takes cognizance is made, and

(ii) in the case of civil proceedings, on the date the plaint is presented in the Court.

10. Commercial employment after retirement.--

(1) If a pensioner who, immediately before his retirement was a member of Central Service Group 'A' wishes to accept any commercial employment before the expiry of [2][one years] from the date of his retirement, he shall obtain the previous sanction of the Government to such acceptance [by submitting an application in Form 25]:

Provided that a Government servant who was permitted by the Government to take up a particular form of commercial employment during his leave preparatory to retirement or during refused leave shall not be required to obtain subsequent permission for his continuance in such employment after retirement.

[3][Provided further that this rule shall not apply to a member of the Central Civil Services Group 'A' who opt for special Voluntary Retirement Scheme under Rule 29 A.]

(2) Subject to the provisions of Sub-rule (3), the Government may, by order in writing, [on an application made under Sub-rule (1)] by a pensioner, grant, subject to such conditions, if any, as it may deem necessary, permission, or refuse for reasons to be recorded in the order, permission to such pensioner to take up the commercial employment specified in the application.

[4][(3) In granting or refusing permission under sub-rule (2) to a pensioner for taking up any commercial employment, the Government shall have regard to the following factors, namely: --

(a) Whether a 'No Objection' for the proposed post retirement commercial employment has been obtained from the cadre controlling authority and from the office where the officer retired;

(b) Whether the officer has been privy to sensitive or strategic information in the last three years of his service which is directly related to the areas of interest or work of the organization which he proposes to join or the areas in which he proposes to practice or consult;

(c) Whether there is conflict of interest between the policies of the office he has held in the last three years and the interest represented or work undertaken by the organization he proposes to join.

Explanation.--For the purposes of this clause, "conflict of interest" shall not include normal economic competition with the Government or its undertakings.

(d) Whether the organization he proposes to join has been known to be in any way in conflict with or prejudicial to India's foreign relations, national security and domestic harmony, and whether the organization is undertaking any for intelligence garnering.

(e) Whether service record of the officer is clear, particularly with respect to integrity and dealings with non-Government organizations;

(f) Whether the proposed emoluments and pecuniary benefits are far in excess of those currently prevailing in the Industry.

Explanation.--For the purposes of this sub-clause, the words "far in excess", shall not be construed as to cover increase in such benefit that may be as a result of buoyancy in industry or in the economy as a whole;

(g) Any other relevant factor.]

(4) ?Where the Government grants the permission applied for subject to any conditions or refuses such permission, the applicant may, within thirty days of the receipt of the order of the Government to that effect, make a representation against any such condition or refusal and the Government may make such orders thereon as it deems fit :

Provided that no order other than an order cancelling such condition or granting such permission without any conditions shall be made under this sub-rule without giving the pensioner making the representation an opportunity to show cause against the order proposed to be made.

(5) ??If any pensioner takes up any commercial employment at any time before the expiry of two years from the date of his retirement without the prior permission of the Government or commits a breach of any condition subject to which permission to take up any commercial employment has been granted to him under this rule, it shall be competent for the Government to declare by order in writing and for reasons to be recorded therein that he shall not be entitled to the whole or such part of the pension and for such periods 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 in making any order under this sub-rule, the Government shall have regard to the following factors, namely--

(i) the financial circumstances of the pensioner concerned;

(ii) the nature of, and the emoluments from the commercial employment taken up by the pensioner concerned; and

(iii) any other relevant factor.

(6) ??Every order passed by the Government under this rule shall be communicated to the pensioner concerned.

(7) ??In this rule,--

(a) the expression "commercial employment" means--

(i) an employment in any capacity including that of an agent, under a company, co-operative society, firm or individual engaged in trading, commercial, industrial, financial or professional business and includes also a directorship of such company and partnership of such firm, but does not include employment under a body corporate, wholly or substantially owned or controlled [by the Central Government or a State Government].

(ii) selling up practice, either independently or as a partner of a firm, as adviser or consultant in matters in respect of which the pensioner--

(A) has no professional qualifications and the matters in respect of which the practice is to be set up or is carried on are relatable to his official knowledge or experience, or

(B) has 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

(iii) ?[Deleted].

Explanation.-- For the purpose of this clause, the expression "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.

(b) ?the expression "date of retirement", in relation to a Government servant re- employed after retirement, without any break, either in the same or in another Group 'A' post under the Government or in any other equivalent post under a State Government, means the date on which such Government servant finally ceases to be so re-employed in Government service.

11. Restriction on practice in Income Tax and other cases after retirement.--

(1) No pensioner who, while in service, belonged to the Indian Revenue Service or who, having been a member of any other [Central Service Group 'A'], retired from a post under the Department of Revenue and Insurance in the Ministry of Finances shall set up practice before the expiry of two years from the date of his retirement?

(a) In any area which was within the local limit of his jurisdiction during the last three years immediately before his retirement;

(b) in areas other than those referred to in Clause (a) without the previous sanction of the President.

(2) No pension, shall he payable to such pensioner who sets up practice in contravention of Sub-rule (1) in respect of any period for which he has set up practice or such longer period as the Government may direct.

Explanation--For the purposes of this rule,--

(i) the expression "practice" means practice, either independently or as a partner of a firm, [or a consultant or adviser] in matters relating to income tax, wealth tax, duties of customs, duties of central excise or estate duty, [or as representative, of assesses in proceedings under the enactment relating to the levy of such tax or duty;

(ii) the expression "date of retirement" shall have the same meaning as in [Sub-rule (8) of Rule 10].

12. Employment after retirement under a Government outside India.--

If a p pensioner, who immediately before his retirement was a member of Central Service Group 'A', wishes to accept any employment under any Government outside India, he shall obtain the previous permission of the Central Government for such acceptance, and no pension shall he payable to a pensioner who accepts such an employment without proper permission in respect of any period for which he is empower or such longer period as a Government may direct :

Provided that a Government servant who was permitted by the Central Government to take up a particular form of employment under any Government outside India during his leave preparatory to retirement shall not be required to obtain subsequent permission for his continuance in such employment after retirement.

Explanation.--

For the purposes of this rule, the expression "employment under any Government outside India" includes 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, or an employment, under an International Organisation of which the Government of India is not a member.

CHAPTER III

Qualifying Service

13. Commencement of qualifying service.--

Subject to the provisions of these rules, qualifying service of a Government servant shall commence from the date he takes charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity :

Provided that officiating or temporary service is followed without interruption by substantive appointment in the same or another service or post :

Provided further that--

(a) in the case of a Government servant in a Group 'D' service or post who held a lien or a suspended lien on a permanent pensionable post prior to the 17th April, 1950, service rendered before attaining the age of sixteen years shall not count for any purpose, and

(b) in the case of a Government servant not covered by Clause (a), service rendered before attaining the age of eighteen years shall not count, except for compensation gratuity.

14. Conditions subject to which service qualifies.--

(1) The service of a Government servant shall not qualify unless his duties and pay are regulated by the Government, or under conditions determined by the Government.

(2) For the purposes of Sub-rule (1), the expression "Service" means service under the Government and paid by that Government from the Consolidated Fund of India or a Local fund administered by that Government but does not include service in a non-pensionable establishment unless such service is treated us qualifying service by that Government.

(3) In the case of a Government servant belonging to a State Government, who is permanently transferred to a service or post to which these rules apply, the continuous service rendered under the State Government in an officiating or temporary capacity, if any, followed without interruption by substantive appointment, or the continuous service rendered under that Government in an officiating or temporary capacity, as the case may be, shall qualify :

Provided that nothing contained in this sub-rule shall apply to any such Government servant who is appointed otherwise than by deputation to a service or post to which these rules apply.

15. Counting of service on probation.--

Service on probation against a post if followed by confirmation in the same or another post shall qualify.

16. Counting of service as apprentice.--

Service as an apprentice shall not qualify, except in the case of S.A.S., apprentice in the Indian Audit and Accounts Department or the Defence Accounts Department.

17. Counting of service on contract.--

(1) A person who is initially engaged by the Government on a contract for a specified period and is subsequently appointed to the same or another post in a substantive capacity in a pensionable establishment without interruption of duty, may opt either?

(a) to retain the Government contribution in the Contributory Provided Fund with interest thereon including any other compensation for that service; or

(b) to agree to refund to the Government the monetary benefits referred to in Clause (a) or to forgo the same if they have not been paid to him and count in lieu thereof the service for which the aforesaid monetary benefits may have been payable.

(2) The option under Sub-rule (1) shall be communicated to the Head of Office under intimation to the Accounts Officer within a period of three months from the date of issue of the order of permanent transfer to pensionable service, or if the Government servant is on leave on that day, within three months of his return from leave, whichever is later.

(3) If no communication is received by the Head of Office within the period referred to in Sub-rule (2), the Government servant shall be deemed to have opted for the retention of the monetary benefits payable or paid to him on account of service rendered on contract.

18. Counting of pre-retirement civil service in the case of re-employed Government servants.--

(1) A Government servant who, having retired on compensation pension or invalid pension or compensation gratuity or invalid gratuity, is re-employed and appointed substantively to a service or post to which these rules apply may exercise option either?

(a) to continue to draw the pension or retain the gratuity sanctioned for his earlier service, in which case his former service shall not count as qualifying service, or

(b) to cease to draw his pension and refund?

(i) the pension already drawn,

(ii) the value received for the commutation of a part of pension, and

(iii) the amount of --[retirement gratuity] including service gratuity, if any, and count the previous service as qualifying service :

Provided that--

(i) the pension drawn prior to the date of re-employment shall not be required to be refunded,

(ii) the element of pension which was ignored for fixation of his pay including the element of pension which was not taken into account for fixation of pay shall be refunded by him

(iii) the element of pension equivalent of gratuity including the element of commuted part of pension, if any, which was taken into account for/ fixation of his pay shall be set off against the amount of [retirement gratuity] and the commuted value of pension and the balance, if any, shall be refunded by him.

Explanation.-- In this clause, the expression "which was taken into account" means the amount of pension including the pension equivalent of gratuity by which pay of the Government servant was reduced on initial re-employment, and the expression "which was not taken into account" shall be construed accordingly.]

(2) ?(a) The authority issuing the order of substantive appointment to a service of post as is referred to in Sub-rule (1) shall along with such order require in writing the Government servant to exercise the option under that sub-rule within three months of the date of issue of such order, or if he is on leave on that day, within three months of his return from leave, whichever is later and also bring to his notice the provisions of Clause (b).

(b) ??If no option is exercised within the period referred to in Clause (a), the Government servant shall be deemed to have opted for Clause (a) of Sub-rule (1).

(3) In the ease of Government servant who opts for Clause (a) of Sub-rule (1) the pension or gratuity admissible for his subsequent service is subject to the limitation, that service gratuity, or the capital value of the pension and [retirement gratuity], if any, shall not be greater than the difference between the value of the pension and retirement gratuity], if any, that would be admissible at the time of the Government servant's final retirement if the two period of service were combined and the value of retirement benefits already granted to him for the previous service.

Note.-- The capital value of pension shall be calculated in accordance with the table prescribed by the President under the Civil Pension (Commutation) Rules applicable at the time of the second or final retirement.

(4) (a) A Government servant who opts for Clause (b) of Sub-rule (1) shall be required to refund the gratuity received in respect of his earlier service, in monthly instalments not exceeding thirty-six in number, the first instalment beginning from the month following the month in which he exercised the option.

(b) ??The right to count previous service as qualifying service shall not revive until the whole amount has been refunded.

(5) In the case of a Government servant, who, having elected to refund the gratuity, dies before the entire amount is refunded, the amount of unrefunded gratuity shall be adjusted against the [retirement gratuity] which may become payable to his family.

19. Counting of military service rendered before civil employment.--

(1) A Government servant who is re-employed in a civil service or post before attaining the age of superannuation and who, before such re-employment, had rendered military service after attaining the age of eighteen years, may, on his conformation in a civil service or post, opt either?

(a) to continue to draw the military pension or retain gratuity received on discharge from military service, in which case his former military services shall not count as qualifying service; or

(b) to cease to draw his pension and refund?

(i) the pension already drawn, and

(ii) the value received for the communication of a part of military pension. And

(iii) the amount of [retirement gratuity] including service gratuity, if any, and count previous military service as qualifying service, in which case the service so allowed to count shall be restricted to a service within or outside the employer's unit or department in India or elsewhere which is paid from the Consolidated Fund of India or for which pensionary contribution has been received by the Government :

Provided that--

(i) the pension drawn prior to the date of re-employment shall not be required to be refunded;

(ii) the element of pension which was ignored for fixation of his pay including the element of pension which was not taken into account for fixation of pay on re-employment shall be refunded by him;

(iii) the element of pension equivalent of gratuity including the element of commuted part of pension, if any, which was taken into account for fixation of pay shall be set off against the amount of [retirement gratuity and the commuted value of pension and the balance, it any shall be refunded by him,

Explanation.-- In this clause, the expression "which was taken into account" means the amount of pension including the pension equivalent of gratuity by which the pay of the Government servant was reduced on initial re employment, and the expression "which was not taken into account" shall be construed accordingly.

(2) (a) The authority issuing the order of substantive appointment to a civil service a post as is referred to in Sub-rule (1) shall alongwith such order require in writing the Government servant to excise the option under that sub-rule within three months of date of issue of such order, if he is on leave on that day, within three months of his return |from leave, whichever is later and also bring to his notice the provisions of Clause (b).

(b) ???If no option is exercised within the period referred to in Clause (a), the Government servant shall be deemed to have opted for Clause (a) of Sub-rule (1).

(3) (a) A Government servant, who opts for Clause (b) of Sub-rule (1) shall be required to refund the pension, bonus or gratuity received in respect of his earlier military service, in monthly instalment not exceeding thirty-six in number, the first instalment beginning from the month following the month in which he exercised the option.

(b)? ?The right to count previous service as qualifying service shall not revive until the whole amount has been refunded.

(4) ?In the case of a Government servant, who having elected to refund the pension, bonus or gratuity, dies before the entire amount is refunded, the un-refunded amount of pension or gratuity shall be adjusted against the death-cum-retirement which may been payable to his family.

(5) When an order is passed under this rule allowing previous military service to count as part of the service qualifying for civil pension, the order shall be deemed to include the condonation of interruption in service, if any, in the military service and between the military and civil services.

Note.-- [Deleted].

20. Counting of war service rendered before civil employment.--

(1) A Government servant who, prior to his appointment in a civil service or post against war reserved or other permanent vacancy which arose for direct recruitment before the 1st January, 1948, had rendered satisfactory paid whole-time, enlisted or commissioned war service in the Armed Forces of India or in similar forces of a Commonwealth country during the period from the 3rd September, 1939 to the 1st April, 1946, which die not earn a service pension under the military rules, shall be allowed to count such service, including all kinds of leave on full rates of pay and sick leave taken during such service, as qualifying service subject to the following conditions, namely--

(a) in the case of a service or post in respect of which a minimum age is fixed for recruitment, no war service rendered below that age shall count as qualifying service;

(b) no contribution towards or share of pension earned as a result of counting war service rendered in a force of a Commonwealth country shall be claimed from the Government to that country;

(2) War service rendered by a Government servant who was appointed substantively to civil service or post against vacancies which arose after the 31st December, 19447, shall subject to the conditions specified in Sub-rule (1), be treated as military service as provided in Rule 19.

21. Counting of periods spent on leave.--

All leave during service for which leave salary is payable (and all extraordinary leave granted on medical certificate) shall count as qualifying service :

Provided that in the case of extraordinary leave [other than extraordinary leave granted on medical certificate] the appointing authority may, at the time of granting such leave, allow the period of that leave to count as qualifying service if such leave is granted to a Government servant--

(i) Omitted.

(ii) due to his inability to join or rejoin duty on account of civil commotion; or

(iii) for prosecuting higher scientific and technical studies.

22. Counting of period spent on training.--

The Government may, by order, decide whether the lime spent by a Government servant under training immediately before appointment to service under that Government shall count as qualifying service.

23. Counting of periods of suspension.--

Time passed Government servant under suspension pending inquiry into conduct shall count as qualifying service where, on conclusion of such inquiry, he has been fully exonerated or the suspension is held to be wholly unjustified; in other cases, the period of suspension shall not count unless the authority competent to pass orders under the rule governing such cases expressly declares at the time that it shall count to such extent as the competent authority may declare.

24. Forfeiture of service on dismissal or removal.--

Dismissal or removal of a Government servant from a service or post entails forfeiture of his past service.

25. Counting of past service on reinstatement.--

(1) A Government servant who is dismissed removed or compulsory retired from service, but is reinstated on appeal or review, is entitled to count his past service as qualifying service.

(2) The period, of interruption in service between the date of dismissal, removal or compulsory retirement, as the case may be, and the date of reinstatement, and the period of suspension, if any, shall not count as qualifying service unless regularised as duty or leave by a specific order of the authority which passed the order of reinstatement.

26. Forfeiture of service on resignation.--

(1) Resignation from a service of a post, unless it is allowed to be withdrawn in the public interest by the appointing authority, entails forfeiture of past service.

(2) A resignation shall not entail forfeiture of past service if it has been submitted to take up, with proper permission, another appointment, whether temporary or permanent, Under the Government where service qualities.

(3) Interruption in service in a case falling under Sub-rule (2), due to the two appointments being at different stations not exceeding the joining time permissible under the rules of transfer, shall be covered by grant of leave of any kind due to the Government servant on the date of relief or by formal condonation to the extent to which the period is not covered by leave due to him.

(4) The appointing authority may permit a person to withdraw his resignation in the public interest on the following conditions, namely?

(i) that the resignation was tendered by the Government servant for sor (sic) compelling reasons which did not involve any reflection on his integr(sic) efficiency or conduct and the request for withdrawal of the resignation has (sic) made as a result of a material change in the circumstances which original(sic) compelled him to tender the resignation;

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

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

(iv) that the post, which was vacated by the Government servant on the acceptance of his resignation or any other comparable post, is available.

(5) Request for withdrawal of a resignation shall not be accepted by the appointing authority where a Government servant resigns his service or post with u view to taking up an appointment in or under a private commercial company or in or under a corporation or company wholly or substantially owned or controlled by the Government or in or under a body controlled or financed by the Government.

(6) When an order is passed by the appointing authority allowing a person to withdraw his resignation and to resume duty, the order shall be deemed to include the condonation of interruption in service but the period of interruption shall not count as qualifying service.

(7) A resignation submitted for the purpose of Rule 37 shall not entail forfeiture of past service under the Government.

27. Effect of Interruption in service.--

(1) An interruption in the service of a government servant entails forfeiture of his past service, except in the following cases?

(a) authorised leave of absence;

(b) unauthorised absence in continuation of authorised leave of absence so long as the post of absentee is not filled substantively;

(c) suspension, where it is immediately followed by reinstatement, whether in the same or a different post, or where the Government servant dies or is permitted to retire or is retired or attaining the age of compulsory retirement while under suspension.

(d) transfer of non-qualifying service in an establishment under the control of the Government if such transfer has been ordered by a competent authority in the public interest;

(e) joining time while on transfer from one post to another.

(2) Notwithstanding anything contained in Sub-rule (1), the [appointing authority] may, by order, commute retrospectively the periods of absence without leave as extraordinary leave.

28. Condonation of interruption in service.--

(a) In the absence of a specific indication to the contrary in the service book, an interruption between two spells of civil service rendered by a Government servant under Government including civil service rendered and paid out of Defence Services Estimates or Railway Estimates shall be treated as automatically condoned and the ore-interruption service treated as qualifying service.

(b) Nothing in Clause (a) shall apply to interruption caused by resignation, dismissal or removal from service or for participation in a strike.

29. Addition to qualifying service when a Government servant is declared surplus.--

A Government servant who, on being declared surplus to the establishment in which he was serving, is eligible for the facility of being redeployed through the Central (Surplus Staff) Cell located in the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions or in the case of a Group 'D' employee, through the Directorate General, Employment and Training and opts to retire voluntarily, instead of seeking redeployment, shall be entitled to have five years added to the qualifying service rendered by him--

Provided that--

(a) notwithstanding anything contained in the first proviso to Rule 13, the qualifying service rendered by such Government servant shall be not less than fifteen years on the date on which he exercises such option and the qualifying length of service after taking into account the aforesaid addition is not more than the service he could have rendered had he retired on the date of superannuation; and

(b) the option to retire is exercised and is communicated to the authority competent to sanction pension within a period of two months from the date from which the employee concerned has been declared surplus.)

[5][29A. Addition to qualifying service under special voluntary retirement scheme

(1) A permanent Government servant who on being declared surplus opts to retire voluntarily shall be entitled to have 5 years added to the qualifying service rendered by him:

Provided that :--

(a) the qualifying service rendered by such Government servant shall not be less than 15 years on the date on which they are declared surplus and the qualifying length of service after taking into account the aforesaid addition is not more than the service he could have rendered had he retired on the date of his superannuation, and

(b) the option to retire is exercised and communi?cated to the competent authority within 3 months from the date of Government servant concerned has been declared surplus,

(2) A permanent surplus Government servant who opts for Special Voluntary Retirement Scheme shall be eligible for ex-gratia to be decided from, time to time.]

30. Addition to qualifying service in special circumstances.--

(1) A Government servant who retires from service or post after the 31st March, 1960] shall be eligible to add to his service qualifying for superannuation pension (but not for any other class of pension) the actual period not exceeding one-found of the length of his service or the actual period by which his age at the time to recruitment exceeded twenty-five years or a period of five years, whichever is less, if the service or post to which the Government servant is appointed is one?

(a) for which post-graduate research, or specialist qualification or experience in scientific, technological or professional fields, is essential; and

(b) to which candidates of more than twenty-five years of age are normally recruited :

Provided that this concession shall not be admissible to a Government servant unless his actual qualifying service at the time he quits Government service is not less than ten years :

Provided further that this concession shall be admissible only if the recruitment rules in respect of the said service or post contain a specific provisions that the service or post is one which carries the benefit of this rule :

Provided also that this concession shall not be admissible to those who are eligible for counting their past service for superannuation pension unless they opt before the date of their retirement, which option once exercised shall be final, for the weightage of service under this sub-rule forgoing the counting of the past service.

(2) A Government servant who is recruited at the age of thirty-five years or more, may, within a period of three months from the date of his appointment elect to forgo his right to pension whereupon he shall be eligible to subscribe to a Contributory Provident Fund.

(3) The option referred to in sub-rule (2) once exercised, shall be final.

Addition to qualifying service under special voluntary retirement scheme

(1) A permanent Government servant who on being declared surplus opts to retire voluntarily shall be entitled to have 5 years added to the qualifying service rendered by him:

Provided that :--

(b) the option to retire is exercised and communi?cated to the competent authority within 3 months from the date of Government servant concerned has been declared surplus,

(2) A permanent surplus Government servant who opts for Special Voluntary Retirement Scheme shall be eligible for ex-gratia to be decided from, time to time.

31. Period of deputation to United Nations and other Organisations.--

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--

(a) pay the pension contributions in respect of his foreign service and count such service as qualifying for pension under these rules; or

(b) 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 Government servant opts for Clause (b), retirement benefits shall be payable to him in India in rupees from such date arid in such manner as the Government may, by orders, specify :

Provided further that pension contributions, if any, paid by the Government servant shall be refunded to him.

32. Verification of qualifying service after 25 years service, or 5 years before retirement.--

(1) On a Government servant completing twenty-five years of service or on his being left with five years of service before the date of retirement, whichever is earlier, the Head of Office in consultation with the Accounts Officer shall in accordance with the rules for the time being in force, verify the service rendered by such a Government servant, determine the qualifying service and communicate to him in Form 24, the period of qualifying service so determined.

(2) Notwithstanding anything contained in Sub-rule (1), where a Government servant is transferred to another department from a temporary department or on account of the closure of the department he had been previously serving or because the post he held had been declared surplus, the verification of his service may be done whenever such event occurs.

(3) The verification done under Sub-rules (1) and (2) shall be treated as final and shall not be reopened except when necessitated by a subsequent change in the rules and orders governing the conditions under which the service qualifies for pension.

CHAPTER IV

Emoluments and Average Emoluments

33. Emoluments.--

The expression "emoluments" means basic pay as defined in Rule 9 (21) (a) (i) of the Fundamental Rules which a Government servant was receiving immediately before his retirement or on the date of his death; and will also include non-practising allowance granted to medical officer in lieu of private practice.

The above Rule 33 had been substituted by Notification No. S.O. 2388, dated 20.7.1988 the old Rule 33 is given below for the convenience of the reader :

"33. Emoluments --The expression "emoluments" means pay as defined in Rule 9 (21) of the Fundamental Rules (including dearness pay, as determined by the order of the Government issued from time to time) which a Government servant was receiving immediately before his retirement or on the date of his death."

Explanation.-- Stagnation increment shall be treated as emoluments for calculation of retirement benefits].

Note 1.-- If a Government servant immediately before his retirement or death while in service had been absent from duty on leave for which leave salary is payable or having been suspended had been reinstated without forfeiture of service, the emoluments which he would have drawn had he not been absent from duty or suspended shall be the emoluments for the purposes of this rule :

Provided that any increase in pay (other than the increment referred to in Note 4)? which is not actually drawn shall not form part of his emoluments.

Note 2.-- Where a Government servant immediately before his retirement or death while in service had proceeded on leave for which leave salary is payable after having held a higher appointment whether in an officiating or temporary capacity, the benefit of emoluments drawn in such higher appointment shall be given only if it is certified that the Government servant would have continued to hold the higher appointment but for his proceeding on leave.

Note 3.-- 11 a Government servant immediately before his retirement or death while in service had been absent from duty on extra-ordinary leave or had been under suspension the period whereof does not count as service the emolument which he drew immediately before proceeding on such leave or being placed under suspension shall be the emoluments for the purposes of this rule.

Note 4.-- If a Government servant immediately before his retirement or death while in service, was on earned leave, and earned an increment which was not withheld, such increment, though not actually drawn, shall form part of his emoluments :

Provided that the increment was earned during the currency of the earned leave not exceeding one hundred and twenty days, or during the first one hundred and twenty days of earned leave where such leave was for more than one hundred and twenty days.

Note 5.-- Deleted.

Note 6.-- Pay drawn by a Government servant while on deputation to the Armed, Forces of India shall be treated as emoluments.

Note 7.-- Pay drawn by a Government servant while on foreign service shall not be treated as emoluments, but the pay which he would have drawn under the Government had he not been on foreign service shall alone be treated as emoluments.

Note 8.-- Where a pensioner who is re-employed in Government service elects in terms of Clause (a) of Sub-rule (1) of Rule 18 or Clause (a) of Sub-rule (1) of Rule 19 to retain his pension for earlier service and whose pay on re-employment has been reduced by an amount not exceeding his pension, the element of pension by which his pay is reduced shall be treated as emoluments.

Note 9.-- Deleted.

Note 10.-- When a Government servant has been transferred to an autonomous body consequent on the conversion of a Department of the Government into such a body and the Government servant so transferred opts to retain the pensionary benefits under the rules of the Government, the emoluments drawn under the autonomous body shall be treated as emoluments for the purpose of this rule.

34. Average Emoluments.--

Average emoluments shall be determined with reference to the emoluments drawn by a Government servant during the last [ten months] of his service.

Note 1.-- If during the last [ten months] of his service a Government servant had been absent from duty on leave for which leave salary is payable or having been suspended had been reinstated without forfeiture of service, the emoluments which he would have drawn had he not been absent from duty or suspended shall be taken into account fort determining the average emoluments :

Provided that any increase in pay (other than the increment referred to in Note 3) which is not actually drawn shall not form part of his emoluments.

Note 2.-- If, during the last [ten months] of his service, a Government servant bad been absent from duty on extraordinary leave, or had been under suspension the period whereof does not count as service, the aforesaid period of leave or suspension shall be disregarded in the calculation of the average emoluments and equal period before the [ten months] shall be included.

Note 3.-- In the case of a Government servant who was on earned leave during the last ten months of his service and earned an increment, which was not withheld, such increment though not actually drawn shall be included in the average emoluments :

Provided that the increment was earned during the currency of the earned leave not exceeding one hundred and twenty days or during the first one hundred and twenty days of earned leave where such leave was for more than one hundred and twenty days.

CHAPTER V

Classes of pensions and conditions governing their grant

35. Superannuation pension.--

A superannuation pension shall be granted to a Government servant who is retired on his attaining the age of compulsory retirement.

36. Retiring pension.--

A retiring pension shall be granted--

(a) to a Government servant who retires, or is retired, in advance of the age of compulsory retirement, in accordance with the provisions of? Rule 48 [or 48A] of these rules, or Rule 56 of the Fundamental Rules or Article 459 of the Civil Service Regulations; and

(b) to a Government servant who, on being declared surplus, opts for voluntary retirement in accordance with the provisions of Rule 29 of these rules.

37. Pension on absorption in or under a corporation, company or body.?

(1) A Government servant who has been permitted to be absorbed in a service or post in or under a Corporation or Company wholly or substantially owned controlled by the Central Government or a State Government or in or under a body contolled or financed by the Central Government or a State Government, shall be deemed to have retired from service for the date of such absorption and subject to Sub-rule (3), he shall be eligible to receive retirement benefits, if any, from such date as may be determined, in accordance with the orders of the Central Government applicable to him.

Explanation.-- Date of absorption shall be?

(i) in case a Government employee joins a Corporation or Company or body on immediate absorption basis, the date on which he actually joins that Corporation or Company or body;

(ii) in case a Government employee initially joins a Corporation or Company or body on foreign service terms by retaining a lien under the Government, the date from which his unqualified resignation is accepted by the Government.

(2) The provisions of Sub-rule (1) shall also apply to Central Government servants who are permitted to be absorbed in joint sector undertakings, wholly under the joint control of Central Government and State Governments/Union Territory Administrations or under the joint control of two or more State Governments/Union Territory Administrations.

(3) Where there is a pension scheme in a body controlled or financed by the Central Government in which a Government servant is absorbed, he shall be entitled to exercise option either to count the service rendered under the Central Government in that body for pension or to receive pro rate retirement benefits for the service rendered under the Central Government in accordance with the orders issued by the Central Government.

Explanation.-- Body means autonomous body or statutory body.

37-A. Conditions for payment of pension on absorption consequent upon conversion of a Government Department into a Central autonomous body or a Public Sector Undertaking--

(1) On conversion of a department of the Central Government into a public sector undertaking or an autonomous body, all Government servants of that Department shall be transferred en-masse to that public sector undertaking or autonomous body, as the case may be, on terms of foreign service without any deputation allowance till such time as they get absorbed in the said undertaking or body, as the case may be, and such transferred Government servants shall be absorbed in the public sector undertaking or autonomous body, as the case may be, with effect from such date as may be notified by the Government.

(2) The Central Government shall allow the transferred Government servants an option to revert back (o the Government or to seek permanent absorption in the public sector undertaking or autonomous body, as the case may be.

(3) The option referred to in Sub-rule (2) shall be exercised by every transferred Government servant in such manner and within such period as may be specified by the Government.

(4) The permanent absorption of the Government servants as employees of the public sector undertaking or autonomous body shall take effect from the date on which their options arc accepted by the Government and on and from the date of such acceptance, such employees shall cease to be Government servants and they shall be deemed to have retired from Government service.

(5) Upon absorption of Government servants in the public sector undertaking or autonomous body, the posts which they were holding in the Government before such absorption shall stand abolished.

(6) The employees who opt to revert to Government service shall be redeployed through the surplus cell of the Government.

(7) The employees including quasi-permanent and temporary employees but excluding casual labourers, who opt for permanent absorption in the public section undertaking or autonomous' body, shall on and from the date of (sic) absorption, be governed by the rules and regulations or bye-laws of the public sector undertaking or autonomous body, as the case may be.

(8) A permanent Government servant who has been absorbed as an employee of a public sector undertaking or autonomous body shall be eligible for pensionary benefits on the basis of combined service rendered by him in the Government and in the public sector undertaking or autonomous body in accordance with the formula for calculation of pension/family pension under these rules as may be in force at the time of his retirement from the public sector undertaking or autonomous body, as the case may be [6][or at his option, to receive pro-rata retirement benefits for the service rendered under the Central Government in accordance with the orders issued by the Central Government.]

(9) The pension of an employee under Sub-rule (8) shall be calculated on the basis of his last ten months' average pay.

(10) In addition to pension or family pension, as the case may be, the employees shall also be eligible to dearness relief as per industrial dearness allowance pattern.

(11) The benefits of pension and family pension shall be available to quasi-permanent and temporary transferred Government servants after they have been confirmed in the public sector undertaking or autonomous body.

(12) The Central Government shall create a Pension Fund in the form of a trust and the pensionary benefits of absorbed employees shall be paid out of such Pension Fund.

(13) The Secretary of the administrative Ministry of the public sector undertaking or autonomous body shall be the Chairperson of the Board of Trustees which shall include representatives of the Ministries of Finance, Personnel, Public Grievances and Pensions, Labour, concerned public sector undertaking of autonomous body and their employees and experts in the relevant field to be nominated by the Central Government.

(14) The procedure and the manner in which pensionary benefits are to be sanctioned and disbursed from the Pension Fund shall be determined by the Government on the recommendation of the Board of Trustees.

(15) The Government shall discharge its pensionary liability by paying in lump sum as a one time payment to the Pension Fund the pro rata pension or service gratuity and retirement gratuity for the service rendered till the date of absorption of the Government servant in the public sector undertaking or autonomous body.

(16) The manner of sharing the financial liability on account of payment of pensionary benefits by the public sector undertaking or autonomous body shall be determined by the Government.

(17) Lump sum amount of the pro rata pension shall be determined with reference to Commutation Table laid down in Central Civil Services (Commutation of Pension) Rules, 1981.

(18) The public sector undertaking or autonomous body shall make pensionary contribution to the Pension Fund for the period of service to be rendered by the concerned employees under that undertaking or body at the rates as may be determined by the Board of Trustees so that the Pension Fund shall be self- supporting.

(19) If, for any financial or operational reason, the Trust is unable to discharge its liabilities fully from the Pension Fund and the public sector undertaking or autonomous body is also not in a position to meet the shortfall, the Government shall be liable to meet such expenditure and such expenditure shall be debited to either the Fund or to the public sector undertaking or autonompus body, as the case may be.

(20) Payments of Pensionary benefits of the pensioners of a Government Department on the date of conversion of it into a public sector undertaking or autonomous body shall continue to be the responsibility of the Government and the mechanism for sharing its liabilities on this account shall be determined by the Government."

(21) Nothing contained in Sub-rules (12) to (20) shall apply in the case of conversion of the Departments of Telecom Services and Telecom Operations into Bharat Sanchar Nigam Limited, in which case the pensionary benefits including family pension shall be paid by the Government.

(22) For the purposes of payments of pensionary benefits including family pension referred to in Sub-rule (21), the Government shall specify the arrangements and manner including the rate of pensionary contributions to be made by Bharat Sanchar Nigam Limited to the Government and the manner in which financial liabilities on this account shall be met.

(23) The arrangements under Sub-rule (22) shall be applicable to the existing pensioners and to the employees who are deemed to have retired from the Government service for absorption in Bharat Sanchar Nigam Limited and shall not apply to the employees directly recruited by the Bharat Sanchar Nigam Limited for whom it shall devise its own pension scheme and make arrangements for funding and disbursing the pensionary benefits.

(24) Upon conversion of a Government department into a public sector undertaking or autonomous body?

(a) the balance of provident fund standing at the credit of the absorbed employees on the date of their absorption in the public sector undertaking or autonomous body shall, with the consent of such undertaking or body, be transferred to the new Provident Fund Account of the employees in such undertaking or body, as the case may be;

(b) earned leave and half pay leave at the credit of the employees on the date of absorption shall stand transferred to such undertaking or body, as the case may be;

(c) the dismissal or removal from service of the public sector undertaking or autonomous body of any employee after his absorption in such undertaking or body for any subsequent misconduct shall not amount to forfeiture of the retirement benefits for the service rendered under the Government and in the event of his dismissal or removal or retrenchment the decisions of the undertaking or body shall be subject to review by the Ministry administratively concerned with the undertaking or body.

(25) In case the Government distinvests its equity in any public sector undertaking or autonomous body to the extent of fifty-one per cent or more, it shall specify adequate safeguards for protecting the interests of the absorbed employees of such public sector undertaking or autonomous body.

(26) The safeguards specified under Sub-rule (25) shall include option for voluntary retirement or continued service in the undertaking or body, as the case may be,? or voluntary retirement benefits on terms applicable to Government employee or employees of the public sector undertaking or autonomous body as per option of the employees, assured payment of earned pensionary benefits with relaxation in period of qualifying service, as may be decided by the Government.

38. Invalid pension.--

(1) Invalid pension maybe granted if a Government servant retires from the service on account of any bodily or mental infirmity which permanently incapacitates him for the service.

(2) A Government servant applying for an invalid pension shall submit a medical certificate of incapacity from the following medical authority namely--

(a) a Medical Board in the case of a Gazetted Government servant and of non-Gazetted Government servant whose pay, as defined in Rule 9 (21) of the Fundamental Rules, exceed [two thousand and two hundred rupees] per mensem;

(b) Civil Surgeon or a District Medical Officer or Medical Officer of equivalent status in other cases.

Note 1.-- No medical certificate of incapacity for service may be granted unless the applicant produces a letter to show that he Head of his Office or Department is aware of the intention of the applicant to appear before the medical authority. The medical authority shall also be supplied by the Head of the Office or Department in which the applicant is employed with a statement of what appears from official records to be the age of the applicant. If a service book is being maintained for the applicant, the age recorded therein should be reported.

Note 2.-- A lady doctor shall be included as a member of the Medial Board when a woman candidate is to be examined.

(3) The form of the Medical Certificate to be granted by the medical authority specified in Sub-rule (2) shall be as in Form 23.

(4) Where the medical authority referred to in Sub-rule (2) has declared a Government servant fit for further service of less laborious character than that which he had been doing, he should, provided he is willing to be so employed, be employed on lower post and if there be no means of employing him even on a loser post, he may be admitted to invalid pension.

(5) Deleted.

39. Compensation pension.--

(1) If a Government servant is selected for discharge owing to the abolition of his permanent post, he shall unless he is appointed to another post the conditions of which are deemed by the authority competent to discharge him to be at least equal to those of his own, have the option?

(a) of taking compensation pension to which he may be entitled for the service he had rendered, or

(b) of accepting another appointment on such pay as may be offered and continuing to count his previous service for pension.

(2) (a) Notice of at least three months shall be given to Government servant in permanent employment before his services are dispensed with on the abolition of his permanent post.

(b) ?Where notice of at least three months is not given and Government servant has not been provided with other employment on the date on which his services are dispensed with, the authority competent to dispense with his services may sanction the payment of a sum not exceeding the pay and allowances for the period by which the notice actually given to him falls short of three months.

(c) ??No compensation pension shall be payable for the period in respect of which he receives pay and allowances in lieu of notice.

(3) In case a Government servant is granted pay allowances for the period by which the notice given to him falls short of three months and he is re-employed before the expiry of the period for which he has received pay and allowances he shall refund the pay and allowances so received for the period following his re-employment.

(4) If a Government servant who is entitled to compensation pension accepts instead another appointment under (he Government and subsequently becomes entitled to receive a pension of any class, the amount of such pension shall not be less than the compensation pension which he could have claimed if he had not accepted the appointment.

40. Compulsory retirement pension.--

(1) A Government servant compulsorily retired from service as a penalty may be granted, by the authority competent to impose such penalty, pension or gratuity or both at a rate not less than two-thirds and not more than [full compensation pension] or gratuity or both admissible to him on the date of his compulsory retirement,

(2) Whenever in the case of a Government servant the President passes an order (whether original, appellate or in exercise of power of review) awarding a pension less than the [full compensation pension] admissible under these rules, the Union Public Service Commission shall be consulted before such order is passed.

Explanation.-- ?In this sub-rule, the expression "pension" includes gratuity.

(3) A pension granted or awarded under Sub-rule (I) or, as the case may be under Sub-rule (2), shall not be less than the [amount of Rupees (three hundred and seventy five) per mensem].

41. Compassionate allowance.--

(1) A Government servant who is dismissed or removed from service shall forfeit his pension and gratuity :

Provided that the authority competent to dismiss or remove him from service may, if the case is deserving of special consideration, sanction a compassionate allowance not exceeding two-thirds of pension or gratuity or both which would have been admissible to him if he had retired on [compensation pension].

(2) A compassionate allowance sanctioned under the provision to Sub-rule (1) shall not be less than the [amount of Rupees (three hundred and sixty five) per mensem].

CHAPTER VII

Regulation of Amounts of Pensions

48. Retirement on completion of 30 years' qualifying service.--

(1) At any time after a Government servant has completed thirty years qualifying service?

(a) he may retire from service; or

(b) he may be required by the appointing authority to retire in the public interest, and in the case of such retirement the Government servant shall be entitled to a retiring pension :

Provided that--

(a) a Government servant shall give a notice in writing to the appointing authority at least three months before the date on which he wishes to retire; and

(b) the appointing authority may also give a notice in writing to a Government servant at least three months before the date on which he is required to retire in the public interest or three months' pay and allowed in lieu of such notice:

Provided further that where the Government servant giving notice under Clause (a) of the preceding proviso is under suspension, it shall be open to the appointing authority to withhold permission to such Government servant to retire under this rule :

Provided further that the provisions of Clause (a) of this sub-rule shall not apply to a Government servant, including scientist or technical expert who is?

(i) on assignments under the Indian Technical and Economic Co-operation (ITEC) Programme of the Ministry of External Affairs and other aid programmes.

(ii) posted abroad in foreign based offices of the Ministries/Departments

(iii) on a specific contract assignment to a foreign Government, unless, after having been transferred to India, he has resumed the charge of the post in India and served for a period of not less than one year.

(1-A) (a) Government servant referred to in Clause (a) of the first proviso to Sub- rule (1) may make a request in writing to the appointing authority to accept notice of less than three months giving reasons therefor.

(b) ??On receipt of a request under Clause (a) the appointing authority may consider such request for the curtailment of the period of notice of three months on merits and if it is satisfied that the curtailment of the period of notice will not cause any administrative inconvenience, appointing authority may relax the requirement of notice of three months on the condition that the Government servant shall not apply for commutation of a part of his pension before the expiry of the period of notice of three months.

(2) A Government servant, who has elected to retire under this rule and has given the necessary intimation to the effect to the appointing authority, shall be precluded from withdrawing his election subsequently except with the specific approval of such authority :

Provided that the request for withdrawal shall be within the intended date of his retirement.

(3) For the purpose of this rule the expression "appointing authority" shall mean the authority which is competent to make appointments to the service or post from which the Government servant retires.

48-A. Retirement on completion of 20 years' qualifying 'service.--

(1) At any time alter a Government servant has completed twenty years' qualifying service, he may, by giving notice of not less than three months in writing to the appointing authority, retire from service :

Provided that this sub-rule shall not apply to a Government servant, including, scientist or technical expert who is--

(i) on assignments under the Indian Technical and Economic Co-operation (ITEC Programme of the Ministry of External Affairs and other aid programmes.

(ii) posted abroad in foreign based offices of the Ministries/Departments,

(iii) on a specific contract assignment to a foreign Government, ?unless, after having been transferred to India, he has resulted the charge of the post in India and served for a period of not less than one year.

(2) The notice of voluntary retirement given under Sub-rule (1) shall require acceptance by the appointing authority :

Provided that where the appointing authority does not refuse to grant the permission for retirement before the expiry of the period specified in the said notice, the retirement shall become effective from the date of expiry of the said period.

(3) ?Deleted.

(3-A) (a) A Government servant referred to in Sub-rule (1) may make a request in writing to the appointing authority to accept notice of voluntary retirement of less than three months giving reasons therefor.

(b) ??On receipt of a request under Clause (a), the appointing authority subject to the provisions of Sub-rule (2), may consider such request for the curtailment of the period of notice of three months on merits and if it is satisfied that the curtailment of the period of notice will not cause any administrative inconvenience, the appointing authority may relax the requirement of notice of three months on the condition that the Government shall not apply for commutation of a part of his pension before the expiry of the period of notice of three months.

(4) A Government servant, who has elected to retire under this rule and has given the necessary notice to that effect to the appointing authority, shall be precluded from withdrawing his notice except with the specific approval of such authority : Provided that the request for withdrawal shall be made before the intended date of his retirement.

(5) The pension and [retirement gratuity] of the Government servant retiring under this rule shall be based on the emoluments as defined under Rules 33 and 34 and the increase not exceeding five years in his qualifying service shall not entitle him to any notional fixation of pay for purposes of calculating pension and gratuity. (6) This rule shall not apply to a Government servant who?

(a) retires under Rule 29, or

(b) retires from Government service for being absorbed permanently in an autonomous body or a public sector undertaking to which he is on deputation at the time of seeking voluntary retirement.

?Explanation.-- For the purpose of this rule the expression "appointing authority" shall mean the authority which is competent to make appointments to the service or post from which the Government servant seeks voluntary retirement.

48-B. Addition to qualifying service on voluntary retirement.--

(1) The qualifying service as on the date of intended retirement of the Government servant; retiring under Rule 48 (1) (a) or Rule 42-A or Clause (k) of Rule 56 of the Fundamental Rules or Clause (i) of Article 459 of the Civil Service Regulations, with or without permission shall be increased by the period not exceeding five year, subject to the condition that the total qualifying service rendered by the Government servant does not in any case exceed thirty-three years and it does not take him beyond the date of superannuation.

(2) The weightage of five years under Sub-rule (1) shall not be admissible in cases of those Government servants who are prematurely retired by the Government in the public interest under Rule 48 (1) (b) or F.R. 56 (j).

49. Amount of pension.--

(1) In the case of a Government servant retiring in accordance with the provisions of these rules before completing qualifying service of ten years, the amount of service gratuity shall be calculated at the rate of half months emoluments for every completed six monthly period of gratuity qualifying service.

(2) (a) In the case of Government servant retiring in accordance with the provision of these rules before completing qualifying service of ten years, the amount of service qualifying shall be calculated at the rate of half months emolument for every completed six monthly period of qualifying service].

(b) ??In the case of a Government servant retiring in accordance with the provisions of these rules before completing qualifying service of thirty-three years, but after completing qualifying service of ten years, the amount of pension shall be proportionate to the amount of pension admissible under Clause (a) and in no case the amount of pension shall be less than (rupees three hundred and seventy five per mensem).

(c) ??Notwithstanding anything contained in Clause (a) and Clause (b) the amount of invalid pension shall not be less than the amount of family pension admissible under Sub-rule (2) of Rule 54.

(3) In calculating the length of qualifying service, fraction of a year equal to [three months] and above shall be treated as a completed one-half year and reckoned as qualifying [service.

(4) ?The amount of pension finally determined under Clause (a) or Clause (b) of Sub-rule (2), shall be expressed in whole rupees and where the pension contains a fraction of a rupees it shall be rounded off to the next higher rupee.

(5) Deleted

(6) ?Deleted.

50. Death-cum-retirement gratuity?

(1) (a) A Government servant, two has completed five years, qualifying service and has become eligible for service gratuity of pension under Rule 49, shall on his retirement , be granted [retirement gratuity] equal to one fourth of his emolument for each completed six monthly period of qualifying? service, subject to maximum 16-1/2 times the emoluments.

(b) ??If a Government servant dies while in service, the death gratuity shall be paid to his family in the manner indicated in sub-rule (2) of Rule 51 at the rates given in the Table below, namely?

Length of qualifying service	Rate of death gratuity
(i) Less than 1 year	?2 times of emoluments
(ii) One year or more but less than 5 years	6 times of emoluments
(iii) 5 years or more but less than 20 years	12 times of emoluments
(iv) 20 years or more.	half of emoluments for every completed six monthly period of qualifying service subject to a maximum of 33 times of emoluments

Provided that the amount of retirement gratuity or death gratuity payable under this rule shall in no case exceed [Two Lakh and Fifty thousand rupees].

Provided further that where the amount of retirement or death gratuity as finally calculated contains a fraction of a rupee, it shall be rounded off to the next higher rupee.

(2) If a Government servant, who has become eligible for a service gratuity or pension, dies within five years from the date of his retirement from service including compulsory retirement as a penalty and the sums actually received by him at the time of his death on account of such gratuity or pension including ad hoc increase, if any, together with the death-cum-retirement gratuity admissible under Sub-rule (1) and the commuted value of any portion of pension commuted by him are less than the amount equal to 12 limes of his emoluments, a residuary gratuity equal, to the deficiency may be granted to his family in the manner indicated in Sub-rule (1) of Rule 51.

(3) ?[Deleted].

(4) The emoluments for the purpose of gratuity admissible under this rule, [ ] shall be reckoned in accordance with Rule 33 :

Provided that if the emoluments of a Government servant have been reduced during the last ten months of his service otherwise than as a penalty, average emoluments as referred to in Rule 34 shall be treated as emolument].

51. Persons to whom gratuity is payable.--

(1) (a) The gratuity payable under Rule 50 shall be paid to the person or persons on whom the right to receive the gratuity is conferred by means of a nomination under Rule 53;

(b) ?If there is no such nomination or if the nomination made does not subsist, the gratuity shall be paid in the manner indicated below-

(i) if there are one or more surviving members of the family as in Clauses (i), (ii), (iii) and (iv) of Sub-rule (6) of Rule 50, to all such members in equal shares;

(ii) if there are so such surviving members of the family as in Sub-clause (i) above, but there are one or more members as in Clauses (v), (vi), (vii), (viii), (ix), (x) and (xi) Sub-rule (6) of Rule 50, to all such members in equal shares.

(2) If a Government servant dies after retirement without receiving the gratuity admissible under Sub-rule (1) of Rule 50 the gratuity shall be disbursed to the family in the manner indicated in Sub-rule (1).

(3) The right of a female member of the family, or that of a brother, of a Government servant 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 eighteen years, after the death of the Government servant and before receiving her or his share of the gratuity.

(4) Where gratuity is granted under Rule 50 to a minor member of the family of the deceased Government servant, it shall be payable to the guardian on behalf of the minor.

51-A. Debarring a person from receiving gratuity.--

(1) If a person, who in the event of death of Government servant while in service is eligible to receive gratuity in terms of Rule 51, is charged wish the offence of murdering the Government servant or for abetting in the commission of such an offence, his claim to receive his share of gratuity shall remain suspended till the conclusion of the criminal proceedings instituted against him.

(2) If on the conclusion of the criminal proceedings referred to in Sub-rule (1), the person concerned?

(a) is convicted for the murder or abetting in the murder of the Government servant, he shall be debarred from receiving his share of gratuity which shall be payable to other eligible members of the family, if any,

(b) is acquitted of the charge of murdering or abetting in the murder of the Government servant, his share of gratuity shall be payable to him.

(3) The provisions of the Sub-rule (1) and Sub-rule (2) shall also apply to the undisbursed gratuity referred to in Sub-rule (2) of Rule 51.

52. Lapse of retirement gratuity/death gratuity.--

Were a Government servant dies while in service or after retirement without receiving the amount of gratuity and leaves behind no family and--

(a) has made no nomination; or

(b) the nomination made by him does not subsist;

?the amount of [retirement gratuity/death gratuity] payable in respect of such Government servant [under Rule 50 shall lapse to the Government :

Provided that the amount of death gratuity shall be payable, to the person in whose favour a Succession Certificate in respect of the gratuity in question has been granted by a Court of Law.

53. Notifications.--

(1) A Government servant shall, on his initial confirmation in a service or post, make a nomination in Form 1 or 2, as may be, as appropriate in the circumstances of the case, conferring on one or more persons the right to receive the death-cum-retirement gratuity payable under Rule 50 :

Provided that if at the time of making the nomination--

(i) the Government servant has a family, the nomination shall not be in favour of any person or persons other than the members of his family; or

(ii) the Government servant has no family, the nomination may be made in favour of a person or persons, or a body of individuals, whether incorporated or not.

(2) If a Government servant nominates more than one person under Sub-rule (1), he shall specify in the nomination the amount of share payable to each of the nominees, in such manner as to cover the entire amount of gratuity.

(3) A Government servant may provide in the nomination--

(i) that in respect of any specified nominee who predeceases the Government servant, or who dies after the death of the Government servant but before receiving the payment of gratuity, the right conferred on 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 Government servant has a family consisting of more than one member, the person so specified shall not be a person other than a member of his family :

Provided further that where a Government servant has only one member in his family, and a nomination has been made in his favour, it is open to the Government servant to nominate alternate nominee or nominees in favour of any person or a body of individuals, whether incorporated or not;

(ii) that the nomination shall become invalid in the event of the happening of the contingency provided therein.

(4) The nomination made by a Government servant who has no family at the time of making it, or the nomination made by a Government servant under the second proviso to Clause (i) of sub-rule (3) where he has only one member in his family shall become invalid in the event of the Government servant subsequently acquiring a family, _{or an}additional member in the family, as the case may be.

(5) A Government servant may, at any time, cancel a nomination by sending a notice in writing to the [Head of Office] :

Provided that he shall, alongwith such notice, send a fresh nomination made in accordance with this rule.

(6) immediately on the death of a nominee in respect of whom no special provision has been made in the nomination under Clause (i) of Sub-rule (3) or occurrence of any event by reason of which the nomination becomes invalid becomes invalid in pursuance of Clause (ii) of that sub-rule, the Government servant shall send to the [Head of Office] a notice in writing canceling the domination together with a fresh nomination made in accordance with this rule.

(7) (a) Every nomination made (including every notice of cancellation, if any, given) by a Government servant under this rule, shall be sent to the Head of Office.

(b)? ?The Head of Office shall, immediately on receipt of such nomination countersign it indicating the date of receipt and keep it under his custody :

Provided that the Head of Office may authorise his subordinate gazetted officers to countersign nomination forms of non-gazetted Government servants.

(c) ??Suitable entry regarding receipt of nomination shall be made in the service book of the Government servant concerned.

(8) Every nomination made, and every notice of cancellation given, by a Government servant shall, to the extent that it is valid, take effect from the date on which it is received by the [Head of Office]

54. Family Pension, 1964.--

(1) The provisions of this rule shall apply?

(a) to a Government servant entering service in a pensionable establishment on or after the 1st January, 1964; and

(b) to a Government servant who was in service on the 31st December, 1963 and came to be governed by the provisions of the Family Pension Scheme for Central Government Employees, 1964, contained in the Ministry of Finance Office Memorandum No. 9 (16)-EV (A)/63, dated the 31st December, 1963, as in force immediately before the commencement of these rules.

Note.-- The provisions of this rule will also extend from 22nd September, 1977 to Government servant on pensionable establishments who retired/died before 31.12.1963 as also to those who were alive on 31.12.1963 but had opted out of 1984 Scheme.

(2) Without prejudice to the provisions contained in Sub-rule (3), where a Government servant dies?

(a) after completion of one year of continuous service; or

(aa) before completion of one year of continuous service provided the deceased Government servant concerned immediately prior to his appointment to the service or post was examined by the appropriate medical authority and declared fit by that authority for Government service; or

(b) after retirement from service and was on the date of death in receipt of a pension, or compassionate allowance, referred to in Chapter V, other than the pension referred to in Rule 37, the family of the deceased shall be entitled to Family Pension, 1964 (hereinafter in this rule referred to as family pension) the amount of [which shall be determined in accordance with the Table below]:

Pay of Government servant	Rate of monthly family pension inclusive of dearness relief upto average CPI level 608.
(i) Not exceeding Rs. 1,500	30% of basic pay subject to a minimum of Rs. 375
(ii) Exceeding. Rs. 1,500 but exceeding Rs. 3,000	not 20% of basic pay subject to a minimum of Rs. 450
(iii) Exceeding Rs. 3,000	1.5% of basic pay subject to a minimum of Rs. 600 and maximum of Rs. 1,250

TABLE

Explanation.-- The expression "continuous one year of service" wherever it occurs in this rule shall be construed to include "less than one year of continuous service" defined in Clause (aa).

(2-A) The amount of family pension shall be fixed at monthly rats and be expressed in whole rupees and where the family pension contains a fraction of a rupee, it shall be rounded off to the next higher rupees :

Provided that in no case a family pension in excess of the minimum [prescribed under this rule] shall be allowed.

(3) ?(a) (i) Where a Government servant, who is not governed by the Workmen's Compensation Act, 1923 (8 of 1923), dies while in service after having rendered not less than seven years' continuous service, the rate of family pension payable to the family shall be equal to 50 per cent of the pay last drawn or twice the family pension admissible under Sub-rule (2), whichever is less, and the amount so admissible shall be payable from, the date following the date of death of the Government servant for a period of seven years, or for a period up to the date on which the deceased Government servant would have attained the age of 65 years had he survived, whichever is less.

(ii) ??In the event of death of a Government servant after retirement, the family ??pension as determined under Sub-clause (i) shall be payable for a period of seven years, or for a period up to the date on which the retired deceased Government servant would have attained the age of 65 years had he survived, whichever is less :

Provided that in no case the amount of family pension determined under [Sub- clause (ii) of] this clause shall exceed the [pension authorised on retirement] from; Government service:

Provided further that where the amount of [pension authorised on retirement] is less than the amount of family pension admissible under Sub-rule (2), the amount of family pension determined under this clause shall be limited to the amount of family pension admissible under Sub-rule (2).

Explanation.-- For the purpose of this sub-clause, [pension authorised on retirement] includes the part of the pension which the retired Government servant may have commuted before death.

(b) ??(i) Where a Government servant, who is governed by the Workmen's Compensation Act, 1923 (8 of 1923), dies while in service after having rendered not less than seven years' continuous service, the rate of family pension payable to the family shall be equal to 50 per cent of the pay last drawn or one and a half times the family pension admissible under Sub-rule (2), whichever is less.

(ii) ??The family pension so determined under Sub-clause (i) shall be payable for the period mentioned in Clause (a) :

Provided that where a compensation is not payable under the aforesaid Act, the [Head of Office] shall send a certificate to the Accounts Officer to the effect that the family of the deceased Government servant is not eligible for any compensation under the aforesaid Act and the family shall be paid family pension on the scale, and for the period, mentioned in Clause (a).

(c) ??After the expiry of the period referred to in Clause (a), the family, in receipt of family pension under that Clause (a) or Clause (b), shall be entitled to family pension at the rate admissible under Sub-rule (2).

(4) Where ah award under the Central Civil Services (Extraordinary Pension) Rules, is admissible, no family pension under this rule shall be authorised.

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

(i) in the case of a widow or widower, up to the date of death or re-marriage, whichever is earlier;

(ii) in the case of a son, until he attains the age of [twenty-five] years; and

(iii) in the case of an unmarried daughter, until she attains the age of [twenty five years] or until she gets married, whichever is earlier:

Provided that if the son or daughter of a Government servant is suffering from any disorder or [including mentally retarded] or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of twenty-one years in the case of the son and [thirty] years in the case of the daughter the family pension shall be payable to such son or daughter for life subject to the following conditions, namely :

(i) if such son or daughter is one among two or more children of the Government servant, the family pension shall be initially payable to the minor children in the order set out in Clause (in) of Sub-rule (8) of this rule until the last minor child attains the age of [twenty-five], and thereafter the family pension shall be resumed in favour of the son or daughter suffering from disorder or [including mentally retarded] or who is physically crippled or disabled and shall be payable to him/her for life;

(ii) If there are more than one such children suffering from disorder or [including mentally retarded] or who are physically crippled or disabled the family pension shall be paid in the order of their birth and the younger of them will get the family pension only after the elder next above him/her ceases to be eligible]:

Provided that where the family pension is payable to such twin children it shall be paid in the manner set out in Clause (d) of Sub-rule (7) of this rule :

(a) 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;

(b) secondly, to the daughter, and if there are more than one daughter, the younger of them will get the family pension only after the life time of the elder;

(iii) the family pension shall be paid to such son or daughter through the , guardian as if he or she were a minor except in the case of the physically crippled or disabled son/daughter who has attained the age of majority].

(iv) before allowing the family pension for life to any such son or daughter the [appointing authority) shall satisfy that the handicap is of such a nature so as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a medical officer not below the rank of a Civil Surgeon setting out, as far as possible, the exact mental or physical condition of the child;

(v) the person receiving the family pension as guardian of such son or daughter [or such son or daughter not receiving the family pension through a guardian] 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 continues to suffer from disorder or [including menially retarded] or continues to be physically crippled or disabled.

(vi) In the case of a mentally retarded son or daughter, the family pension shall be payable to a person nominated by the Government servant or the pensioner, as the case may be, and in case no such nomination has been furnished to the Head of Office by such Government servant or pensioner during his life time, to the person nominated by the spouse of such Government servant or family pensioner, as the case may be, latter on.]

Explanations-- ?(a) Only that disability which manifests itself before the retirement or death of the Government servant while in service shall be taken into account for the purpose of grant of family pension under this sub-rule.

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

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

(d) ??In such cases it shall be the duty of the guardian [or son or daughter] to furnish a certificate to the Treasury or Bank, as the case may be, every month that (i) he or she has not started earning his/her livelihood; (ii) in case of daughter, that she has not yet married.

(6) ?(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 not lapse but shall be payable to the other widows in equal shares, or if there is only one such other widow, in full, to her.

(b) ??Where the deceased Government servant 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 Government servant or pensioner.

Provided that on the share or shares of family pension payable to such a child or children or to a widow or widows ceasing to be payable, such share or shares shall not lapse, but shall be payable to the other widow or widows and/or to other child or children otherwise eligible, in equal shares, or if there is only one widow or child, in full, to such widow or child.]

(c) ??Where The deceased Government servant or pensioner is survived by widow but has left behind eligible child or children from a divorced wife or wives the eligible child or children shall be entitled to the share of family pension which the mother would have received at the time of the death of the Government servant or pension had she not been so divorced.]

Provided that on the share or shares of family pension payable to such a child or children or to a widow or widow ceasing to be payable, such share or shares, shall not lapse, but shall be payable to the other widow or widows and/or to the other child or children otherwise eligible, in equal shares, or if there is only one widow or child, in full, to such widow or child.]

(d)? ?Where the family pension is payable to twin children it shall be paid to such children in equal shares :

Provided that when one such child ceases to be eligible his/her share shall revert to the other child and when both of them cease to be eligible for family pension shall be payable to the next eligible single child/twin children.]

(7) ?(i) Except as provided in Sub-rule (7), the family pension shall not be payable to more than one member of the family at the same time.

(ii) ??If a deceased Government servant or pensioner leaves behind a widow or widower, the family pension shall become payable to the widow or widower failing which to the eligible child.

(iii)? ?Family pension to the children shall be payable in the order of their birth and the younger of them will not be eligible for family pension unless the elder next above him/her has become ineligible for the grant of family pension :

Provided that where the family pension is payable to twin children it shall be paid in the manner set out in Clause (d) or Sub-rule (7) of this rule.]

(8) Where a deceased Government servant or pensioner leaves behind more children than one. the eldest eligible child shall be entitled to the family pension for the period mentioned in Clause (ii) or Clause (iii) of Sub-rule (6), as the case may be, and after the expiry of that period the next child shall become eligible for the grant of family pension.

(9) Where family pension is granted under this rule to a minor, it shall be payable to the guardian on behalf of the minor.

(10) In case both wife and husband are Government servants 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 or 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 eligible to draw two family pensions at the rate mentioned in Sub-rule (3), the amount of both the pensions shall be limited to [two thousand and five hundred rupees] per mensem;

(ii) ??If one of the family pensions ceases to be payable at the rate mentioned in Sub-rule (3), and in lieu thereof the pension at the rate mentioned in Sub-rule (2) becomes payable, the amount of both the pensions shall also be limited to [two thousand and five hundred rupees] per mensem;

(b) If both the family pensions are payable at the rates mentioned in Sub-rule (2), the amount of two pensions shall be limited to [one thousand two hundred and fifty rupees] per mensem.

(10-A) Where a female Government servant or male Government servant dies leaving behind a judicially separated husband or widow 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 the judicial separation is granted on the ground of adultery and the death of the Government servant 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-B) (a) Where a female Government servant or male Government servant dies leaving behind a judicially separated husband or widow with a child or children, the family pension payable in respect of the deceased shall be payable to the surviving person 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.

(10-C) (a) If a person, who in the event of death of a Government servant while in service, is eligible to receive family pension under this rule, is charged with the offence of murdering the Government servant or for abetting in the commission of such an offence, the claim of such a person including other eligible member or members of the family to receive the family pension, shall remain suspended till the conclusion of the criminal proceedings instituted against him.

(b) ?If on the conclusion of the criminal proceedings referred to in Clause (a), the person concerned--

(i) is convicted for the murder or abetting in the murder of the Government servant, such a person shall be debarred from receiving the family pension which shall be payable to other eligible member of the family, from the date of death of the Government servant,

(ii) is acquitted of the charge of murder or abetting in the murder of the Government servant, the family pension shall be payable to such a person from the date of death of the Government servant.

(c) ??The provision of Clause (a) and Clause (b) shall also apply for the family pension becoming payable on the death of a Government servant after his retirement.

(11) ?(a)?????? (i) As soon as a Government servant enters Government service, he shall give details of his family in Form 3 to the Head of office.

(ii) ??If the Government servant has no family, he shall furnish the details in From 3 as soon as he acquires a family.

(b) ?The Government servant shall communicate to the [Head of Office] any subsequent change in the size of his family, including the fact of marriage of his female child.

(c) ??As and when the disability referred to in proviso to Sub-rule (6) of, Rule 54 manifests itself in a child which make him/her unable to earn his/her living, the fact should be brought to the notice of the Head Office duly supported by a Medical Certificate from a Medical Officer, not below the rank of Civil Surgeon. This may be indicated in Form 3 by the Head Office. As and when the claim for family pension arises, the legal guardian of child should make an application supported by a fresh Medical Certificate from a Medical Officer, not below the rank of Civil Surgeon, that the child still suffers from the disability.

(d)?? (i) The Head of Office shall, on receipt of the said Form 3, get it pasted on the service book of the Government servant concerned and acknowledge receipt of the said Form 3 and all further communications received from the Government servant in this behalf.

(ii) ???The Head of Office on receipt of communication from the Government servant regarding any change in the size of family shall have such a change incorporated in Form 3.

(e) ??Deleted.

(f) ???Deleted.

The ad hoc increase in pension sanctioned in the Ministry of Finance Office Memorandum No. 15 (13)-EV (A)/63, dated the 16th October, 1963, as amended from time to time, shall not be payable to the family in receipt of a family pension under this rule.

(11-A) A military pensioner, who on retirement from military service, on retiring pension, service pension or invalid pension is governed for the grant of ordinary family pension by Army Infraction 2/S/64 or corresponding Navy or Air Force Instructions and is re-employed in a civil service or civil post before attaining the age of superannuation, shall for the purpose of eligibility for the family pension admissible under this rule or the family pension already authorised under the aforesaid Army/Navy/Air Force Instructions, be governed as follows :

(i) if the dies while holding a civil post in a temporary capacity in the course of re-employment, his family may be allowed to opt for the family pension admissible under this rule or the family pension authorised at the time of his retirement or discharge from (he military service under Army Instruction 2/S/64 or the corresponding Navy or Air Force Instruction.

(ii) if he retires from civil service or civil post without holding a permanent post in a substantive capacity, his family in the event of his death after retirement shall be eligible for family pension authorised under Army Instruction 2/S/64 or corresponding Navy or Air Force Instruction.

(iii) if on confirmation in a civil service or a civil post in the course of his re- employment, he has opted to retain military pension for the past military service in terms of Clause (a) of Sub-rule (1) of Rule 19 of these rules, he shall exercise another option to receive family pension admissible under this role or the family pension, already authorised under Army Instruction No, 2/S/64 or the corresponding Navy or Air Force Instruction. The option shall be exercised within a period of three months of the date of the issue of orders of substantive appointment to a civil service or civil posts or if he is on leave on that day, within three months of his return from leave, whichever is later. If no option is exercised within the period aforesaid, the pensioner shall be deemed to have opted for family pension authorised under Army Instruction No. 2/S/64 or the corresponding Navy or Air Force Instructions, and

(iv) if on confirmation in a civil service or civil post in the course of re-employment he, in terms of Clause (b) of Sub-rule (1) of Rule 19 of these rules, has opted to surrender military pension and count in lieu thereof military service for civil pension, he shall be governed by family pension admissible under this rule.

(11-B) Family Pension admissible under this rule shall not be granted to a person who is already in receipt of Family Pension or is eligible therefor under any other rules of the Central Government or a State Government and/or public sector undertaking/ autonomous body/Local Fund under the Central or a State Government :

Provided that a person who is otherwise eligible for family pension under this rule may opt to receive family pension under this rule if he forgoes family pension admissible from any other source.

Provided further that family pension admissible under the Employees Pension Scheme, 1995, and the Family Pension Scheme, 1971, shall, however, be allowed in addition to the family pension admissible under these rules.

(12) For the purposes of this rule,--

(a) "continuous service" means service rendered in a temporary or permanent capacity in a pensionable establishment and does not include?

(i) period of suspension, if any, and

(ii) period of service, if any, rendered before attaining the age of eighteen years;

(b) "family" in relation to a Government servant means?

(i) wife in the case of a male Government servant, or husband in the case of a female Government servant,

?Note I.-- Deleted.

Note 2.-- Deleted.

(ia) a judicially separated wife or husband, such separation not being granted on the ground of adultery, and the person surviving was not held guilty of committing adultery.

(ii) son who has not attained the age of [twenty-five] years and unmarried daughter who has not attained the age of [twenty-five] years, including such son and daughter adopted legally before retirement

(i) the emoluments as specified in Rule 33, or

(ii) the average emoluments as referred to in Rule 34 if the emoluments of the deceased Government servant have been reduced during the last ten months of his service otherwise than as penalty : Provided that the element of dearness allowance which has been treated as clearness pay under the Ministry of Finance, Department of Expenditure, Office Memorandum No. F. 19 (4)-E. V/79, dated the 25th May, 1979, shall not be treated as pay for the purpose of this rule.

(13) Nothing contained in this rule shall apply to?

(a) a re-employed Government servant who had retired before the 1st of January, 1964, from?

(i) civil service on retiring pension or superannuation pension, or

(ii) military service on retiring pension, service pension or invalid pension, and who, on the date of re-employment, had attained the age of superannuation applicable to the post in which he is re-employed;

(b) ?a military pensioner who retired from military service on or after the 1st January, 1969 and who on the date of re-employment in a civil service or civil post had attained the age of superannuation applicable to the post in which he is re-employed;

(c) a Government servant referred to in Rule 37, who on absorption in a corporation or company wholly or substantially owned or controlled by the Government or any other body, incorporated or not, is governed by the provisions of the family pension scheme of the corporation or company or body, as the case may be.

(14) ?[Delted]

55. Family Pension, 1950.?

55-A. Dearness relief on pension family pension/pensions.--

(1) Relief against price rise may be granted to the pensioners and family pensioners in the form of dearness relief at such rates and subject to such conditions as the Central Government may specify from time to time.

(2) If a pensioner is re-employed under the Central or State Government or a Corporation/Company/Body/Bank under them in India or abroad including permanent absorption in such Corporation/Company/Body/Bank, he shall not be eligible to draw dearness relief on pension/family pension during the period of such re-employment.

(3) The Central Government employees who get permanently absorbed in terms of Rule 37 and opt for lump sum payment in lieu of pro rata monthly pension in terms of Rule 37, shall not be eligible for dearness relief.

CHAPTER VIII

Determination and authorisation of the amounts of pension and gratuity

56. Preparation of list of Government servants due for retirement.--

(1) Every Head of Department shall have a list prepared every six months, that is, on the 1st January, and the 1st July each year of all Government servants who are due to retire within the next 24 to 30 months of that date.

(2) A copy of every such list shall be supplied to the Accounts Officer concerned not later than the 31st January or the 31st July, as the case may be, of that year.

(3) In the case of a Government servant retiring for reasons other than by way of superannuation, the Head of Office shall promptly inform the Accounts Officer concerned, as soon as the fact of such retirement becomes known to him.

(4) A copy of the intimation sent by the Head of Office to the Accounts Officer under Sub-rule (3) shall also be endorsed to the Directorate of Estates if the Government servant concerned is an allottee of Government accommodation.

57. Intimation to the Directorate of Estates regarding issue of "No Demand Certificate".--

(1) The Head of Office shall write to the Directorate of Estates at least-two years before the anticipated date of retirement of the Government servant who is in occupation of a Government accommodation; (hereinafter referred to as allottee) for the issue of a 'No demand certificate' in respect of the period preceding eight months of the retirement of the allottee.

(2) On receipt of the intimation under Sub-rule (1), the Directorate of Estates shall take further action as provided in Rule 72.

58. Preparation of pension papers.--

Every Head of Office shall undertake the work of preparation of pension papers in Form 7 two years before the date on which a Government servant is due to retire on superannuation, or on the date on which he proceeds on leave preparatory to retirement whichever is earlier.

59. Stages for the completion of pension papers.--

(1) The Mead of Office shall divide the period of preparatory work of two years referred to in Rule 58 in the following three stages?

(a) First Stage.--? Verification of service :

(i) kvant and satisfy himself as to whether the certificate of verification for the entire service are recorded therein.

(ii) In respect of the unverified portion or portions of service, he shall arrange to verify the portion or portions of such services, as the case may be, with reference to pay bills acquittance rolls or other relevant records and record necessary certificates in the service book.

(iii) If the service for any period is not capable of being verified in the manner specified in Sub-clause (i) and Sub-clause (ii), that period of service having been rendered by the Government servant in another office or Department, a reference shall be made to the Head of Office in which the Government servant is shown to have served during that period for the purpose of verification.

(iv) If any portion of service rendered by a Government servant is not capable of being verified in the manner specified n Sub-clause (i), or Sub-clause (ii), or Sub-clause (iii), the Government servant shall be asked to file a written statement on plain paper stating that he had in fact rendered that period of service, and shall, at the foot of the statement, make and subscribe to a declaration as to the truth of that statement, and shall in support of such declaration produce all documentary evidence and furnish all information which is in his power to produce or furnish.

(v) The Head of Office shall, after taking into consideration the facts in the written statement and the evidence produced and the information furnished by the Government servant in support of the said period of service, admit that portion of service as having been rendered for the purpose of calculating the pension of that Government servant.

(b) Second stage.--? Making good omission in the service book :

(i) The Head of Office while scrutinising the certificates of verification of service, shall also identify if there are any other omissions imperfections or deficiencies which have a direct bearing on the determination of emoluments and the service qualifying for pension.

(ii) Every effort shall be made to complete the verification of service, as in Clause (a) and to make good omissions, imperfections or deficiencies referred to in Sub-clause (i) of this clause. Any omissions, imperfections or deficiencies including the portion of service shown as unverified in the service book which it has not been possible to verify in accordance with the procedure laid down in Clause (a) shall be ignored and service qualifying for pension shall be determined on the basis of the entries in the service book.

(iii) Calculation of average emoluments--For the purpose of calculation of average emoluments, the Head of Office shall verify from the service book the correctness of the emoluments drawn or to be drawn during the last ten months of service, In order to ensure that the emoluments during the last ten months of service, have been correctly shown in the service book the Head of Office may verify the correctness of emoluments for the period of twenty-four months only preceding the date of retirement of a Government servant, and not for any period prior to that date.

(c) Third Stage.-- Obtaining Form 5 by the Head of Office--Eight months prior to the date of retirement of the Government servant, the Head of Office shall obtain Form 5 from the Government servant, duly completed.

(2) Action under Clauses (a), (b) and (c) of Sub-rule (1) shall be completed eight months prior to the date of retirement of the Government servant.

60. Completion of pension papers.--

The Head of Office shall complete Part 1 of Form 7 not latter than six months of the date of retirement of the Government servant.

61. Forwarding of pension papers to Accounts Officer.--

(1) After complying with the retirement of Rules 59 and 60, the Head of Office shall forward to the Accounts Officer Form 5 and Form 7 duly completed with a covering letter in Form 8 alongwith service book of the Government servant duly completed, upto date, and any other documents relied upon for the verification of service.

(2) The Head of Office shall retain a copy of each of the Forms referred to in Sub-rule (1) for his records.

(3) Where the payment is desired in another circle of accounting unit the Head of Office shall sent Form 7 in duplicate to the Accounts Officer.

(4) The papers referred to in Sub-rule (1) shall be forwarded to the Accounts Officer not latter than six months before the date of retirement of Government servant.

62. Intimation of Accounts Officer regarding any event having bearing on pension.--

If after the pension papers have been forwarded to the Accounts Officer within the period specified in Sub-rule (4) of Rule 61, any event occurs which has a bearing on the amount of pension admissible, the fact shall be promptly reported to the Accounts Officer by the Head of Office.

63. Intimation of the particulars of Government dues to the Accounts Officer.--

(1) The Head of Office after ascertaining and assessing the Government dues as in Rule 71, shall furnish the particulars thereof to the Accounts Officer at least two months before the date of retirement of a Government servant so that the dues are recovered out of the gratuity before its payment is authorised.

(2) If, after the particulars of Government clues have been intimated to the Accounts Officer under Sub-rule (1) any additional Government dues come to the notice of the Head of Office, such dues shall be promptly reported to the Accounts Officer.

64. Provisional pension.--

(1) The various stages of action laid down in Rule 59 shall be strictly followed by the Head of Office. There may be an isolated case where, inspite of following the procedure laid down in Rule 59, it may not be possible for the Head of Office to forward the pension papers referred to in Rule 61 to the Accounts Officer within the period prescribed in Sub-rule (4) of that rule or where the pension papers have been forwarded to the Accounts Officer within the prescribed period but the Accounts Officer may have returned the pension papers to the Head of Office for eliciting further information before issue of pension payment order and order for the payment of gratuity. If the Head of Office in such a case is of the opinion that the Government servant is likely to retire before his pension and gratuity or both can be finally assessed and settled in accordance with the provisions of these rules, he shall without delay, take steps to determine the qualifying years of service and the emoluments qualifying for pension after the most careful summary investigations that may be made. For this purpose, he shall?

(i) rely upon such information as may be available in the official records, and

(ii) ask the retiring Government servant to file a written statement on plain paper stating the total length of qualifying service including details of emoluments drawn during the last ten months of service but excluding the breaks and other non-qualifying periods of service.

(2) The Government servant while furnishing the statement as in Clause (ii) of Sub-rule (1) shall, at the foot of the statement make and subscribe to a declaration as to the truth of the statement.

(3) The Head of Office shall thereafter determine the qualifying years of service and the emoluments qualifying for pension in accordance with the information available in the official records and the information obtained from the retiring Government servant under Sub-rule (1). He shall, then determine the amount of provisional pension and the amount of provisional [retirement gratuity].

(4) After the amount of pension and gratuity have been determined under Sub-rule (3), the Head of Office shall take further action as follows:

(a) He shall issue a sanction letter addressed to the Government servant endorsing a copy thereof to the Accounts Officer authorising--

(i) 100 per cent of pension as determined under Sub-rule (3) as provisional pension for a period not exceeding six months to be reckoned from the date of retirement of the Government servant; and

(ii) 100 per cent of the gratuity as provisional gratuity as determined under Sub-rule (3) withholding [7][ten per cent of gratuity].

(b) He shall indicate in the sanction letter the amount recoverable from the gratuity under Sub-rule (1) of Rule 63. After issue of the sanction letter he shall draw--

(i) the amount of provisional pension; and

(ii) the amount of provisional gratuity after deducting therefrom the amount mentioned in Sub-rule (ii) of Clause (a) and the dues, if any, mentioned in Rule 71, in the same manner as pay and allowances of the establishment are drawn by him.

(5) The amount of provisional pension and gratuity payable under Sub-rule (4) shall, if necessary, be revised on the completion of the detailed scrutiny of the records.

(6) (a) The payment of provisional pension shall not continue beyond the period of six months from the date of retirement of the Government servant. If the amount of final pension and the amount of final gratuity had been determined by the Head of Office in consultation with the Accounts Officer before the expiry of the said period of six months, the Accounts Officer shall?

(i) issue the pension payment order,

(ii) direct the Head of Office to draw and disburse the difference between the final amount of gratuity and the amount of provisional gratuity paid under Sub-clause (ii) of Clause (b) of Sub-rule (4) after adjusting the Government dues if any which may have come to notice after the payment of provisional gratuity

(b) ??If the amount of provisional pension disbursed to a Government servant under Sub-rule (4) is, on its final assessment, found to be in excess of the final pension assessed by the Accounts Officer, it shall be open to the Accounts Officer to adjust the excess amount of pension out of gratuity withheld under Sub-clause (ii) of Clause (a) of Sub-rule (4) or recover the excess amount of pension in instalments by making short payments of the pension payable in future.

(c)?? (i) If the amount of provisional gratuity disbursed by the Head of Office under Sub-rule (4) is larger than the amount finally assessed, the retired Government servant shall not be required to refund the excess amount actually disbursed to him.

(ii) ???The Head of Office shall ensure that chances of disbursing the amount of gratuity in excess of the amount finally assessed are minimised and the officials responsible for the excess payment shall be accountable for the overpayment.

(7) If the final amount of pension and gratuity have not been determined by the Head of Office in consultation with the Accounts Officer within a period of six months referred to in Clause (a) if Sub-rule (6), the Accounts officer shall treat the provisional pension and gratuity as final and issue pension payment order immediately on the expiry of the period of six months.

(8) As soon as the pension payment order has been issued by the Accounts Officer under Clause (a) of Sub-rule (6), or Sub-rule (7), the Head of Office shall take steps to refund the amount of withheld gratuity under Sub-clause (ii) of Clause (a) to Sub-rule (4) to the retired Government servant after adjusting Government dues which may have come to notice after the payment of provisional gratuity under Sub-clause (ii) of Clause (b) of Sub-rule (4). If the Government servant was an allottee of Government accommodations, the withheld amount should be refunded on receipt of "No Demand Certificate" from the Directorate of Estates.

65. Authorisation of pension and gratuity by the Accounts Officer.--

(1) (a) On receipt of pension papers referred to in Rule 61 the Account Officer shall apply the requisite checks, record the account enfacement in Part II of Form 7 and assess the amount of pension and gratuity and issue the pension payment order not late than one month in advance of the date of the retirement of the Government servant if the pension is payable in his circle of accounting unit. (b) If the pension is payable in another circle of accounting unit the Accounts Officer shall send the pension payment order alongwith a copy of Form 7 and the accounts enfacement to the Accounts Officer of that unit for arranging payment.

(2) The amount of gratuity as determined by the Accounts Officer under Clause (a) of Sub-rule (1) shall be intimated to the Head of Office with the remarks that the amount of? the gratuity may be drawn and disbursed by the Head of Office to the retired Government servant after adjusting the Government dues, if any, referred to in Rule 71.

(3) The amount of gratuity withheld under Sub-rule (5) of Rule 72 shall be adjusted, by the Head of Office against the outstanding licence fee intimated by the Directorate of Estates and the balance, if any, refunded to the retired Government servant.

66. Payment of provisional pension and gratuity through money order.--

If the provisional pension or gratuity on both sanctioned under Sub-rule (4) of Rule 64, is desired to be paid by the pensioner through money order or bank draft, the same shall be remitted to him through money order or bank draft at his cost:

Provided that in the case of any pensioner who has been authorised payment of, provisional pension [not exceeding five hundred rupees per mensum exclusive of the relief on pension] that amount shall, at the request of the pensioner, be remitted to him by money order at Government expense.

67. Government servants on deputation.--

(1) In the case of Governments servant who retires while on deputation to another Central Government Department action to authorise pension and gratuity in accordance with the provisions of this Chapter shall be taken by the Mead of Office of the borrowing Department.

(2) In the case of a Government servant who retires from service, while on deputation to a State Government or while on foreign service, action to authorise pension and gratuity in accordance with the provisions of this Chapter shall be taken by the Head of Office of the Cadre authority which sanctioned deputation to the State Government or to foreign service.

68. Interest on delayed payment of gratuity.--

(1) If the payment of gratuity has been authorised latter than the date when its payment become due, and it is clearly established that the delay in payment was attributable to administrative lapses, interest shall be paid at such rate as may be prescribed and in accordance with the instructions issued from time to time :

Provided that the delay in payment was not caused on account of failure on the part of the Government servant to comply with the procedure laid down by the Government for processing his pension papers.

(2) Every case of delayed payment of gratuity shall be considered by the Secretary of the Administrative Ministry or the Department in respect of its employees and the employees of its attached and subordinate offices and where the Secretary of the Ministry or the Department is satisfied that the delay in the payment of gratuity was caused on account of administrative lapse, the Secretary of the Ministry or the Department shall sanction payment of interest.

(3) The Administrative Ministry or the Department shall issue Presidential sanction for the payment of interest after the Secretary has sanctioned the payment of interest under Sub-rule (2).

(4) In all cases where the payment of interest has been sanction by the Secretary of the Administrative Ministry or the Department, such Ministry or the Department shall fix the responsibility and take disciplinary action against the Government servant or servants who are found responsible for the delay in the payment of gratuity.

69. Provisional pension where departmental or judicial proceedings may be pending.--

(1) (a) In respect of a Government servant referred to in Sub-rule (4) of Rule 9, the Accounts Officer shall authorise the provisional pension equal to the maximum pension which would have been admissible on the basis of qualifying service up to the date of retirement of the Government servant, or if he was under suspension on the date of retirement up to the date immediately preceding the date on which he was placed under suspension.

(b) ?The provisional pension shall be authorised by the Accounts Officer during the period commencing from the date of retirement up to and including the date on which, after the conclusion of the departmental or judicial proceedings, final orders are passed by the competent authority.

(c) ???No gratuity shall be paid to the Government servant until the conclusion of the departmental or judicial proceedings and issue of final orders thereon :

Provided that where departmental proceedings have been instituted under Rule 16 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, for imposing any of the penalties specified in Clauses (i), (ii) and (iv) of Rule 11 of the said rules, the payment of gratuity shall be authorised to be paid to the Government servant.

(2) Payment of provisional pension made under Sub-rule (2) shall be adjusted against final retirement benefits sanctioned to such Government servant upon conclusion of such proceedings 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.

70. Revision of pension after authorisation.--

(1) Subject to the provisions of Rules 8 and 9 pension once authorised after final assessment shall not be revised to the disadvantage of the Government servant, unless such revision becomes necessary on account of decision of a clerical error subsequently :

Provided that no revision of pension to the disadvantage of the pensioner shall be ordered by the Head of Office without the concurrence of the Department of Personnel and Administrative Reforms if the clerical error is detected after a period of two years from the date of authorisation of pension.

(2) For the purpose of Sub-rule (1), the retired Government servant concerned shall be served with a notice by the Head of Office requiring him to refund the excess payment of pension within a period of two months from the date of receipt of notice by him.

(3) In case the Government servant fails to comply with the notice, the Head of Office shall, by order in writing, that such excess payment shall be adjusted in instalments by short payments of pension in future, in one or more instalments, as the Head of Office may direct.

71. Recovery and adjustment of Government dues.--

(1) It shall be the duty of the Head of Office to ascertain and assess Government dues payable by a Government servant due for retirement.

(2) The Government dues as ascertained and assessed by the Head of Office which remain outstanding till the date of retirement of the Government servant, shall be adjusted against the amount of the death-cum-retirement gratuity becoming payable.

(3) The expression 'Government dues' includes?

(a) dues pertaining to Government accommodation including arrears of licence fee, [8][as well as damages (for the occupation of the Government accommodation beyond the permissible period after the date of retirement of allottee)] if any;

(b) dues other than those pertaining to Government accommodation namely balance of house building or conveyance or any other advance, over-payment of pay and allowances or leave salary and arrears of income tax deductible at source under the Income Tax Act, 1961 (43 of 1961).

72. Adjustment and recovery of dues pertaining to Government accommodation.--

(1) The Directorate of Estates on receipt of intimation from the Head of Office under Sub-rule (1) of Rule 57 regarding the issue of No Demand Certificate shall scrutinise its records and inform the Plead of Office eight months before the date of retirement of the allottee, if any licence tee was recoverable from him in respect of the period prior to eight months of his retirement. If no intimation in regard to recovery of outstanding licence fee is received by the Head of Office by the stipulated date, it shall be. presumed that no licence fee was recoverable from the allottee in respect of the period preceding eight months of his retirement.

(2) The Head of Office shall ensure that licence fee for the next eight months, that is up to the date of retirement of the allottee is recovered every month from the pay and allowances of the allottee.

(3) Where the Directorate of Estates intimates the amount of licence fee recoverable in respect of the period mentioned in Sub-rule (1), the Head of Office shall ensure that outstanding licence fee is recovered in instalments from the current pay and allowances off the allottee and where the entire amount is not recovered from the pay and allowances, the balance shall be recovered out of the gratuity before its payment is authorised.

(4) The Directorate of Estates shall also inform the Head of Office the amount of licence fee for the retention of Government accommodation for the permissible period of [four months] beyond the date of retirement of the allottee. The Head of Office shall adjust the amount of that licence fee from the amount of the gratuity together with the unrecovered licence fee, if any, mentioned in Sub-rule (3).

(5) If in any particular case, it is not possible for the Directorate of Estates to determine the outstanding licence fee, that Directorate shall inform the Head of Office that [9][ten per cent of gratuity], may be withheld pending receipt of further information.

[10][(6) The recovery of licence fee (where it is not possible for the Directorate of Estates to determine the outstanding licence fee) as well as damages (for the occupation of the Government accommodation beyond the permissible period after the date of retirement of allottee) shall be the respondibility of the Directorate of Estates and the withheld amount of gratuity under sub-rule (5) above, the retiring Government employees, who are in occupation of Government accomodation, shall be paid immediately on production of "No Demand Certificate" from the Directorate of Estates after actual vacation of the Government accommodation;

(7) ??The Directorate of Estates shall ensure that "No Demand Certificate" shall be given to the Government employee within a period of fourteen days from the actual date of vacation of the Government accommodation and the allottee shall be entitled to payment of interest (at the rate applicable to General Provident Fund deposit determined from time to time by the Government of India) on the excess withheld amount of gratuity which is required to be refunded, after adjusting the arrears of licence fee and damages, if any, payable by the allottee and the interest shall be payable by the Directorate of Estates through the concerned Accounts Officer of the Government employee from the actual date of vacation of the Government accommodation up to the date of refund of excess withheld amount of gratuity;

(8) ??On account of licence fee or damages remaining unpaid after adjustment from the withheld amount of gratuity mentioned under sub-rule (5) above, may be ordered to be recovered by the Directorate of Estates through the concerned Accounts Officer from the Dearness Relief without the consent of the pensioners and in such cases no Dearness Relief shall be disbursed until full recovery of such dues has been made.]

Note.-- For the purpose of this rule, the licence fee shall also include any other charges payable by the allottee for any damage or loss caused by him to the accommodation or its fittings.

73. Adjustment and recovery of dues other than dues pertaining to Government accommodation.--

(1) For the dues other than the dues pertaining to occupation of Government accommodation as referred to Clause (b) of Sub-rule (3) of Rule 71, the Head of Office shall take steps to assess the dues two years before the date on which a Government servant is due to retire on superannuation; or on the date on which he proceeds on leave preparatory to retirement, whichever is earlier.

(2) The assessment of Government dues referred to in Sub-rule (1) shall be completed by the Head of Office eight months prior to the date of the retirement of the Government servant.

(3) The dues as assessed under Sub-rule (2) including those dues which come to notice subsequently and which remain outstanding till the date of retirement of the Government servant, shall be adjusted against the amount of [retirement gratuity] becoming payable to the Government servant on his retirement.

74. Date of retirement to be notified.--

When a Government servant retires from service--

(a) a notification in the Official Gazette in the case of a gazetted Government servant, and?????????

(b) an office order in the case of a non-gazetted Government servant shall be issued specifying the date of retirement within a week of such date and a copy of? every such notification or office order, as the case may be, shall be forwarded immediately to the Accounts Officer :

Provided that where a notification in the Official Gazette or an office order, as the case may be, regarding the grant of leave preparatory to retirement to a Government servant is issued, a further notification or office order that the Government servant has actually retired on the expiry of such leave shall not necessary unless the leave is curtailed and the retirement is for any reason ante-dated or postponed.

74-A. Deleted.

75. Deleted.

76. Deleted.

CHAPTER IX

Determination and Authorisation of the amount of family pension and [death gratuity]

77. Obtaining of claim for family pension and [death gratuity].--

(1) Where the Head of Office has received an intimation about the death of a Government servant while in service, he shall ascertain whether any [death gratuity] or family pension or both is or are payable in respect of the deceased Government servant.

(2) (a) Where the family of the deceased Government servant is eligible for the [death gratuity] under Rule 50 the Head of Office shall ascertain?

(i) if the deceased Government servant had nominated any person or persons to receive the gratuity; and

(ii) if the deceased Government servant had not made any nomination or the nomination made does not subsist, the person or persons to whom the gratuity may be payable.

(b) ??The Head of Office shall, then address the person concerned in Form 10 or Form 11, as may be appropriate, for making a claim in Form 12,

(3) Where the family of the deceased Government servant is eligible under Rule 54 for the Family Pension, 1964?

(a) the Head of Office shall address the widow or widower in Form 13 for making a claim in Form 14; and

(b) where the deceased Government servant is survived only by a child or children the guardian of such child or children may submit a claim in Form 14 to the Head of Office :

Provided that the guardian shall not be required to submit a claim in the said Form on behalf of a child if the child has attained the age of eighteen years and such child may himself or herself submit a claim in the said Form.

(4) If one the date of death, the Government servant was an allottee of Government accommodation, the Head of Office shall address the Directorate of Estates for the issue of "No Demand Certificate" in accordance with the provisions of Sub-rule (1) of Rule 80-C.

78. Completion of Form 18.--

(1) (a) The Head of Office while taking action to obtain claim or claims from the family in accordance with the provisions of Rule 77 shall simultaneously undertake the completion of Form 18, the work shall be completed within one month of the date on which intimation, regarding the date of death of the Government servant has been received.?????????

(b) ??The Head of Office shall go through the service book of the deceased Government servant and satisfy himself as to whether certificate of verification of service for the entire service are recorded therein.

(c) ??If there are any periods of unverified service, the Head of Office shall accept the? unverified portion of service as verified on the basis of the available entries in the service book. For this purpose the Head of Office may rely on any other relevant material to which he may have ready access. While accepting the unverified portion of service, the 1 lead of Office shall ensure that service was continuous and was not forfeited on account of dismissal, removal or resignation from service, or for participation in strike.

(2) (a) For the purpose of determination of emoluments for family pension and [death gratuity] the Head of Office shall confine the verification of the correctness of emoluments for a maximum period of one year preceding the date of death of the Government servant.

(b) ???In case the Government servant was on extraordinary leave on the date of death, the correctness of the emoluments for a maximum period of one year which he drew preceding the date of the commencement of the extra-ordinary leave shall be verified.

(3) The process of determination of qualifying service and qualifying emoluments shall be completed within one month of the receipt of intimation regarding the date of death of the Government servant and the amount of family pension and [death gratuity] shall also be calculated accordingly.

79. Determination of the amount of family pension and gratuity where service records are incomplete.--

According to the existing instructions, there should not be any case where service book has not been maintained properly. It, in any particular case, the service book has not been maintained properly despite the Government's orders on the subject, and it is not possible for the Head of Office to accept to unverified portion of service as verified on the basis of entries in the service book, the Head of Office shall not proceed with the verification of the entire spell of service. The verification of service in such a case shall be confined to the following spells of service :

(a) For the purpose of Family Pension, 1964?

(i) If the deceased Government servant on the date of death had rendered more than one year of service but less than seven years of service, the service and emoluments for the last year of service shall be verified and accepted by the Head of Office and the amount of Family Pension, 1964 determined under Sub-rule (2) and Sub-rule (2-A) of Rule 54.

(ii) If the deceased Government servant on the date of his death had rendered more than seven years of service, the service for the last seven years and emoluments for service rendered in the last year shall be verified and accepted by the Head of office and the amount of Family Pension, 1964 and the period for which it is payable shall be determined in accordance with the provisions of Sub-rule (3) of Rule 54.

(iii) If the deceased Government servant at the time of death had rendered more than seven years of service and the service of last seven years is not capable of being verified and accepted by the Head of Office but the service rendered during the last year is capable of being verified and accepted, the Head of Office, pending the verification of service for seven years, shall calculate the amount of family pension in accordance with the provisions of Sub-rule (2) and Sub-rule (2-A) of Rule 54.

(iv) The service for the last seven years shall be verified and accepted within the next two months and the amount of family pension at the enhanced rate and the period for which it is payable shall be determined in accordance with the provisions of Sub-rule (3) of Rule 54.

(v) The determination of the amount of family pension in accordance with the provisions of Sub-clauses (i), (ii) and (iii) shall be done within one month of the receipt of intimation of the date of death of the Government servant.

(b) For the purpose of death-cum-retirement gratuity?

(i) If the deceased Government servant had on the date of his death rendered more than 5 years of qualifying service but less than 20 years of qualifying service, and the spell of 5 years has been verified and accepted by the Head of Office under Clause (a), the amount of death gratuity shall be equal to 12 limes of his emoluments as indicated in item (ii) of the Table below of Clause (b) of Sub-rule (1) of Rule 50 where the verified and accepted service is less than 5 years, the amount of death gratuity shall be the amount as indicated in item (i) or item (ii) in the Table below Clause (b) of Sub-rule (1) of Rule 50, as may be applicable.

(ii) If the deceased Government servant had rendered more than [twenty years] of service and the entire service is not capable of being verified and accepted, but the service for the last five years has been verified and accepted under Sub-Clause (i) the family of the deceased Government servant shall be allowed, on provisional basis, the [death gratuity] equal to 12 times of the emoluments. Final amount of the gratuity shall be determined by the Head of Office on the acceptance and verification of the entire spell of service which shall be done by the Head of Office within a period of fix months from the date on which the authority for the payment of provisional gratuity was issued. The balance, if any, becoming payable as a result of determination of the final amount of [death gratuity] shall then be authorised to the beneficiaries.

(c) For the purpose of Family Pension, 1950-- Since the Family Pension, 1950 is related to superannuation pension, it shall be necessary to verify the entire spell of service by following the procedure laid down in Chapter VIII of these rules.

80. Forwarding the papers to the Accounts Officer.--

(1) On receipt of claim or claims, the Head of Office shall complete items 22, 23, 24, 25 and 26 of Form 18 and send the Form in original to the Accounts Officer with a covering letter in Form 19 alongwith the Government servant's service book duly completed up-to-date and any other documents relied upon for the verification of the service claimed. This shall be done not latter than one month of the receipt of claim by the Head of Office.

(2) The Head of Office shall retain one copy of the aforesaid Form 18 for his office; record.???????

(3) If the payment is desired in another circle of accounting unit, Form 18 shall be sent in duplicate to the Accounts Officer.

(4) The Head of Office shall draw the attention of the Accounts Officer to the detail of Government dues outstanding against the deceased Government servant, namely--

(a) Government dues as ascertained and assessed in terms of Rule 80-C and recoverable out of the gratuity before payment is authorised.

(b) Amount of gratuity to be held over partly for adjustments of Government due| which have not been assessed so far and partly as a margin for adjustment in the light of the final determination of the gratuity.

(c) The maximum amount of gratuity to be held over for the purpose of Clause. (b) shall be limited to 1[ten per cent of the amount of gratuity].

(5) (a) If Form 18 has been completed and the claim or claims in the respective Forms have not been received from the beneficiary or beneficiaries, the Head of Office shall forward Form 18 and the documents referred to in Sub-rule (1) to the Accounts Officer leaving unfilled items 22, 23, 24, 25 and 26 of Part I of the said Form.

(b)?? ?As soon as the claim or claims are received by Head of Office, they shall immediately be forwarded to the Accounts Officer with the request that items 22, 23, 24, 25 and 26 of Part I of Forms 18 may be filled by the Accounts Officer.

80-A. Sanction, drawal and disbursement of provisional family pension and gratuity.--

(1) After the documents referred to in Rule 80 have been sent to the Accounts officer concerned, the Head of Office shall draw provisional family pension not exceeding the maximum family pension and hundred per cent of the gratuity as determined in accordance with the provisions of this Chapter. For this purpose the Head of Office shall adopt the following procedure, namely--

(a) he shall issue a sanction letter in favour of claimant or claimants endorsing a copy thereof to the Accounts Officer concerned indicating the amount of provisional family pension and hundred per cent of the gratuity as determined;

(b) he shall indicate in the sanction letter the amount recoverable out of the gratuity under Sub-rule (4) of Rule 80;

(i) the amount of the provisional family pension; and

(ii) the amount of hundred per cent of the gratuity after deducting therefrom the dues mentioned in Clause (b); in the same manner as pay and allowances of the establishment are drawn by him.

(2) The Head of Office shall disburse the provisional family pension (including arrears, if any) and the gratuity immediately after the same have been drawn under Sub-rule (1).

(3) The payment of provisional family pension shall continue for a period of six months from the date following the date of death of the Government servant unless the period is extended by the Accounts Officer under the proviso to Sub-rule (1) of Rule 80-B.

(4) The Head of Office shall inform the Accounts Officer?

(a) as soon as the gratuity has been paid to the claimant or claimants; and

(b) as soon as provisional family pension has been paid for a period of six months or for the period extended under proviso to Sub-rule (1) of Rule 80-B, as the case may be.

(5) If the claimant or any of the claimants desire the payment of provisional family pension or of gratuity or of both through money order or bank draft, the same shall be remitted to him or her through money order or bank draft at his own cost :

Provided that in the case of any claimant who is sanctioned a provisional family pension not exceeding [two hundred and fifty rupees] (inclusive of relief on family pension) per mensem, the amount of pension shall, at the request of the claimant, be remitted to him or her by money order at Government expense.

80-B. Authorisation of final pension and balance of the gratuity by the Accounts Officer.--

(1) On receipt of the documents referred to in Sub-rule (1) of Rule 80, the Accounts Officer shall, within a period of three months from the date of receipt of the documents apply the requisite checks and complete Section I of Part II of Form 18 and assess the amount of family pension and gratuity :

Provided that if the Accounts Officer is, for any reason, unable to assess the amount within the period aforesaid, he shall communicate the fact to the Head of Office to continue to disburse the provisional family pension to the claimant for such period as may be specified by the Accounts Officer.

(2) (a) If the family pension is payable in his circle of accounting unit, the Accounts Officer shall prepare the pension payment order.

(b) ?The payment of family pension shall be effective from the date following the date on which the payment of provisional family pension ceased.

(c) ?Arrears of family pension, if any, in respect of the period for which provisional family pension was drawn and disbursed by the Head of Office shall also be authorised by the Accounts Officer.???????????????????????????????????????????????

(3) (a) The Accounts Officer shall determine the amount of the balance of the gratuity alter adjusting the amount, if any, outstanding against the deceased Government servant.

(b) ?The Accounts Officer shall intimate to the Head of Office, the amount of the balance of the gratuity determined under Clause (a), with the remarks that the amount of the balance of the gratuity may be drawn and disbursed by the I lead of Office to the person or persons to whom the provisional gratuity has been paid.

(c) ??The amount of gratuity withheld under Clause (b) of Sub-rule (1) of Rule 80-C shall be adjusted by the Head of Office against the outstanding licence-fee mentioned in Clause (viii) of Sub-rule (1) of Rule 80-C and the balance, if any, refunded to the person or persons to whom gratuity has been paid.

(4) The fact of the issue of the pension payment order shall be promptly reported to the Head of Office by the Accounts Officer and the documents which are no longer required shall also be returned to him.

(5) If the final family pension including the arrears of provisional family pension is payable in another circle of accounting unit, the Accounts Officer shall send the pension payment order together with a copy of Form 18, duly completed to the Accounts Officer of that unit for arranging payment :

Provided that the adjustment of provisional family pension drawn and disbursed by the Head of Office shall be made by the Accounts Officer in whose circle of accounting unit the provisional family pension was paid.

(6) If the amount of provisional family pension as disbursed by the Head of Office is found to be in excess of the final family pension assessed by the Accounts Officer it shall be open to the Accounts Officer to adjust the excess amount in instalments by short payments of family pension payable in future.

(7) (a) If the amount of gratuity disbursed by the Head of Office proves to be larger than the amount finally assessed by the Accounts Officer the beneficiary shall not be required to refund the excess.

(b) ??The Head of Office shall ensure that chances of disbursing the amount of gratuity in excess of the amount actually admissible are minimised and the official or officials responsible for the excess payment shall be accountable for the overpayment.

?80-C. Adjustment of Government dues.--

(1) Dues pertaining to Government accommodation--

(i) If on the date of death the Government servant was allottee of Government accommodation the Head of Office on receipt of intimation regarding the death of the Government servant shall within seven days of the receipt of such intimation, write to the Directorate of Estates for the issue of 'No demand certificate' so that authorisation of family pension and [death gratuity] 's not delayed. While addressing the Directorate of Estates for the issue of No demand certificate, the Head of Office shall also supply the following information in duplicate (one copy marked to the Rent Wing and the second to the Allotment Wing)--

(a) name of the deceased Government servant with designation;

(b) particulars of the accommodation (quarter No. type and locality);

(d) whether the Government servant was on leave at the time of his death and, if so, the period and nature of leave;

(e) whether the Government servant was enjoying rent-free accommodation;

(f) the period up to which licence fee had been recovered from the pay and allowances of the deceased Government servant and the monthly rate of recovery and particulars of the pay bill under which last recovery was made ;

(g) if the licence fee had not been recovered up to the date of death and the family intends to retain Government accommodation for the permissible period of four months from the date of death of the Government servant, details of the?

(A) period of which licence fee still remains to be recovered;

(B) the amount of licence fee in respect of the period at (a) to be determined on the basis of the standard rent bill;

(C) the amount of licence fee for the retention of Government accommodation by the family of the deceased Government servant for the concessional period of four months beyond the date of death of the Government servant to be determined on the basis of standard bill;

(D) the amount of licence fee mentioned at (b) and (c) proposed to be recovered out of [death gratuity];

(E) details of any previous reference from the Directorate of Estates having bearing on the recovery of licence fee outstanding against the allottee and action taken therein.

(ii) The Head of Office shall recover from the [death gratuity] the amount of licence fee as intimated to the Directorate of Estates under Clause (i).

(iii) The recovery of licence fee for the occupation of Government accommodation beyond the permissible period of four months shall be the responsibility of the Directorate of Estates.

(iv) The Directorate of Estates shall scrutinise their records with a view to determine if licence fee other than the licence fee referred to in Clause (i) was outstanding against deceased Government servant. If any recovery is found, the amount and the periods to which such recovery or recoveries relate shall be communicated to the Head of Office within a period of three months of the receipt of intimation regarding the death of the Government servant under Clause (i).????????

(v) Pending receipt of information under Clause (iv), the Head of Office shall withhold [11][ten per cent of death gratuity].

(vi) If no intimation is received by the Head of Office within the period prescribed under Clause (iv) regarding recovery of licence fee, it shall be presumed that nothing was recoverable from the deceased Government servant and the amount of gratuity, withheld shall be paid to the person or persons to whom the amount of death gratuity was paid.

(vii) If the Head of Office has received intimation from the Directorate of Estates under Clause (vi) regarding licence fee outstanding against the deceased Government servant, the Head of Office shall verify from the acquittance rolls if the outstanding amount of licence fee was recovered from the pay and allowances of the deceased Government servant. If as a result of verification, it is found that the amount of licence fee shown as outstanding by the Directorate of Estates, had already been recovered, the Head of Office shall draw the attention of the Directorate of Estates to the pay bills under which the necessary recovery of the licence fee was made and subject to the provisions of Sub-rule (2) take steps to pay the amount of the gratuity without under Clause (v) to the person or persons to whom the death gratuity was paid.

(viii) If the outstanding amount of licence fee was not recovered from the pay and allowances of the deceased Government servant, the outstanding amount shall; be adjusted against the amount of the gratuity withheld under Clause (v) and the balance, if any, re-paid to the person or persons to whom the amount of [death gratuity] was paid.

(2) Dues other than those referred to in Sub-rule (1)--The Head of Office shall, within one month of the receipt of intimation regarding death of a Government servant, take steps to ascertain if any dues as referred to in Rule 71 excluding the dues pertaining to the allotment of Government accommodation were recoverable from the deceased Government servant. Such ascertainable dues shall be recovered from the amount of [death gratuity] becoming payable to the family of the deceased Government servant.

80-D. Payment of family pension and death-cum-retirement gratuity when a Government servant dies while on deputation.--

(1) In the case of a Government servant who dies while on deputation to another Central Government Department, action to authorise family pension and (death gratuity) in accordance with the provisions of this Chapter shall be taken by the Head of Office of the borrowing Department.

(2) In the case of a Government servant who dies while on deputation to a State Government or while on foreign service, action to authorise the payments of family pension and (death gratuity) in accordance with the provisions of this Chapter shall be taken by the Head of Office or the cadre authority which sanctioned the deputation of the Government servant to the State Government or to the foreign service.

CHAPTER X

Sanction of family pension and residuary gratuity in respect of deceased pensioners

81. Sanction of family pension and residuary gratuity on the death of a pensioner.--

(1) Where the Head of Office has received an intimation regarding the death of a retired Government servant who was in receipt of pension, he shall ascertain whether any family pension or residuary gratuity or both is or are payable in respect of the deceased pensioner :

Provided that he Head of Office may, when he considers it necessary so to do, consult the [Accounts Officer].

(2) ?(a) (i) If the deceased pensioner is survived by a widower who is eligible for the grant of dale [Family Pension, 1964J under Rule 54, the amount of [Family Pension, 1964] as indicated in the Pension Payment Order shall become payable to the widow or widower, as the case may be, from the day following the date of death of the pensioner.

(ii) ??On receipt of [a claim in Form 14] from the widow or widower, the [Pension Disbursing Authority] from whom the deceased pensioner was drawing his or her pension shall authorise the payment of [Family Pension, 1964] to the widow or widower, as the case may be.

(b)?? (i) Where the deceased pensioner is survived by child or children, the guardian of the child or children may submit a claim in Form 14 to the Head of Office for the payment of [Family Pension, 1964] :

Provided that the guardian shall be required to submit a claim in the said Form on behalf of the [son or unmarried daughter if he or she has attained the age of eighteen years and such a person may himself or herself submit a claim] in the said Form.

(ii) ??On receipt of a claim from the guardian, the Head of Office shall sanction the [Family Pension, 1964] in Form 20.

(c) ?(i) Where a widow or widower in receipt of [Family Pension, 1964] remarries and has at the time of remarriage, child or children from the former spouse who is or a eligible for [Family Pension, 1964] the remarried individual shall be eligible to draw the [Family Pension, 1964] on behalf of such child or children if such individual continues to be the guardian of such child or children

(ii) ???For the purposes of Sub-clause (i), the remarried individual shall apply to the Head of Office on plain paper furnishing the following particulars, namely--

(a) a declaration that the applicant continues to be the guardian of such child or children,

(b) the date of remarriage,

(d) [the pension disbursing authority] from where payment of [Family Pension, 1964) on behalf of such child or children is desired,

(e) full postal address of the applicant

(iii) ??If the remarried individual has, for any reason, ceased to be the guardian of such child or children, the [Family Pension, 1964] shall become payable to the person entitled to act as guardian of such child or children Under the law for the time being in force and such person may submit a claim in Form 14 to the Head Office for the payment of [Family Pension, 1964] :

Provided that the guardian shall not be required to submit a claim in the said Form on behalf of the son or unmarried daughter if he or she attained the age of eighteen years and such person may himself or herself submit a claim in the said Form.

(iv) ??On receipt of the claim referred to in Sub-clause (iii) the Head of Office shall sanction [Family Pension, 1964] in Form 21

(d) ??(i) Where a widow or widower in receipt of [Family Pension, 1964] dies and leaves behind child or children who is or are eligible for [Family Pension, 1964] the guardian may submit a claim in Form 14 to the Head of Office for the payment of [Family Pension, 1964] :

Provided that the guardian shall not be required to submit a claim in the said Form on behalf of the [the son or unmarried daughter if he or she has attained the age of eighteen years and such a person may himself or herself submit claim] in the said Form.

(ii) ??On receipt of a claim [under Sub-clause (i)] the Head of Office shall sanction [Family Pension, 1964] in Form 21.

(3) Where on the death of a retired Government servant a residuary gratuity becomes payable to the family of the deceased under Sub-rule (2) of Rule 50, the Head of Office shall sanction its payment on receipt of a claim or claims in Form 22 from the person or persons eligible to receive the residuary gratuity.

82. Authorisation of payment by [Accounts Officer].--

On receipt of the sanction under Rule 18 regarding the payment of family pension or of residuary gratuity or of both, the Accounts Officer shall authorise the payment of the same.

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Bottom of Form

CHAPTER XI

Payments of Pensions

83. Date from which pension becomes payable.--

(1) Except in the case of a Government servant to whom the provisions of Rule 37 apply and subject to the provisions of [Rules 9 and 69] u pension other than family pension shall become payable from the date on which a Government servant ceases to be borne on the establishment.

(2) Pension including family pension shall be payable for the day on which its recipient dies.

84. Currency in which pension is payable.--

All pensions including gratuities admissible under these rules shall be payable in India only.

85. Manner of payment of gratuity and pension.--

(1) Except as otherwise provided in these rules, a gratuity shall be aid in lump sum.

(2) A pension fixed at monthly rates shall be payable monthly on or after the first day of the following month.

86. Application of Treasury Rules.--

Save as otherwise provided in these rules, the Treasury Rules of the Central Government shall apply in regard to the procedure of payment--

(i) of gratuity,

(ii) of pension

(iii) of pension undrawn for more than a year, and

(iv) of pension in receipt of deceased pensioner.

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Bottom of Form

CHAPTER XII

Miscellaneous

87. Interpretation.--

Where any doubts arises as to the interpretation of these rules, it shall be referred to the Government in the [Department of Personnel and Administrative Reforms] for decision.

88. Power to relax.--

Where any Ministry or Department of the Government is satisfied that the operation of any of these rules, causes undue hardship in any particular; case, the Ministry or Department, as the case may be, may, by order for reasons to be recorded in writing, dispense with or relax the requirements of that rule to such extent and subject to such exceptions and conditions as it may consider necessary for dealing with the case in a just and equitable manner :

Provided that no such order shall be made except with the concurrence of the Department of Personnel and Administrative Reforms.

89. Repeal and saving.--

(1) On the commencement of these rules, every rule, regulation or order including Office Memorandum (hereinafter referred to in this rule as the old rule) in force immediately before such commencement shall is so far as it provides for any of the matters contained in these rules, cease to operate.???????

(2) Notwithstanding such cesser of operation?

(a) (i) every nomination for the payment of death-cum-retirement gratuity, or of Family Pension, 1950; (ii) every from regarding the details of family of a Government servant for the purpose of Family Pension, 1964; and [(iii) [Omitted]

(b) any nomination for the payment of death-cum-retirement gratuity or of [Family Pension, 1950] any form regarding the details of family of a Government servant for the purpose of [Family Pension, 1964] required to be made or given by a Government servant under the old rule but not made or given before the commencement of these rules shall be made or given after such commencement in accordance with the provisions of these rules;

(c) any case which pertains to the [authorisation of pension] to a Government servant who had retired before the commencement of these rules and is pending before such commencement shall be disposed of in accordance with the provisions of the old rule as if these rules had not been made;

(d) any case which pertains to the [authorisation of death-cum-retirement gratuity] and family pension to the family of a deceased Government servant or of a deceased pensioner and is pending before the commencement of these rules shall be disposed of in accordance with the provisions of the old rule as if these rules had not been made;

(e) subject to the provisions of Clauses (c) and (d), anything done or any action taken under the old rule shall be deemed to have been done or taken under the corresponding provisions of these rules.

Page 1 of 2

FORM 1

[See Rule 53(1)]

Nomination for Death-cum-Retirement Gratuity

When the Government servant has a family and wishes to nominate one members, or

more than one member, thereof.

I, .....................hereby nominate the person/persons mentioned below who is/are

member(s) of my family, and confer on him/them the right to receive, to the extent

specified below, any gratuity the payment of which may be authorised by the Central

Government in the event of my death while in service and the right of receive on my

death, to the extent specified below, and gratuity which having become admissible to me

on retirement may remain unpaid at my death--

Original nominee(s) Alternate nominee(s)

Names and

address of

nominee/

nominees

Relationship

with the

Government

servant

Age Amount or

share of

gratuity

payable to

each

Name, address,

relationship and age of

the person or persons, if

any, to whom the right

conferred on the nominee

shall pass in the event of

the nominee

predeceasing the

Government servant or

the nominee dying after

the death of the

Government servant but

before receiving payment

of gratuity.

Amount or

share of

gratuity

payable to

each

(1) (2) (3) (4) (5) (6)

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

stands cancelled.

Note.-- (i) The Government servant shall draw lines across the black space below the last

entry to prevent the insertion of any name after he has signed.

(ii) Strike out which is not applicable. Dated this .............................day of

..............................19 at ......................

Witnesses to signature :

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

2. .................................................... Signature of Government

servant

(To be filled by the Head of Office)

Nomination by ..................................... Signature of Head of Office

Designation .......................................... Date .........................

Page 2 of 2

Office ..................................................... Designation ...............

Pro forma for acknowledging the receipt of the nomination form by the Head of

Office

To,

....................................................

Sir,

In acknowledging the receipt of your nomination, dated the .........................

cancellation, dated the ....................................of the nomination made earlier in respect

of gratuity in From ............................ I am to state that it has been duly placed on

record.

Signature of Head of Office

Place ...........................................

Dated the ....................................

Designation

.......................

Note.-- The Government servant is advised that it would be in the interest of his

nominees if copies of the nominations and the related notices and acknowledgments are

kept in safe custody so that they may come into the possession of the beneficiaries in the

event of his death.

Page 1 of 2

FORM 2

[See Rule 53(1)]

Nomination for Death-cum-Retirement Gratuity

When the Government servant has no family and wishes to nominate one person or more

than one person.

I,.....................................having no family, hereby nominate the person/persons

mentioned below and confer on him/them the right to receive, to the extent specified

below, and gratuity the payment of which may be authorised by the Central 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 :

Original nominee(s) Alternative nominee(s)

Names and

address of

nominee/

nominees

Relationship

with the

Government

servant

Age Amount or

share of

gratuity

payable to

each[12]

Name, address, relationship

and age of the person or

persons, if any, to whom

the right conferred on the

nominee pre-deceasing the

Government servant or the

nominee dying after the

death of the Government

servant but before

receiving payment of

gratuity.

Amount or

share of

gratuity

payable to

each[13]

(1) (2) (3) (4) (5) (6)

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

stands cancelled.

Note.-- (i) The Government servant shall draw lines across the blank space below the last

entry to prevent the insertion of any name after he has signed.

(ii) Strike out which is not applicable.

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

Witnesses to signature :

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

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

Signature of Government

servant

(To be filled by the Head of Office)

Nomination by .....................................

Designation ..........................................

Office ...................................................

Page 2 of 2

Signature of Head of Office

Date

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

Designation ....................

Pro forma for acknowledging the receipt of the nomination form by the Head of

Office

To,

...................................................

Sir,

In acknowledging the receipt of your nomination, dated the ................................/

cancellation, dated the ................................of the nomination made earlier in respect of

gratuity in Form ............................ I am to state that it has been duly placed on record.

Signature of Head

of Office

Place ...........................................

Dated the ....................................

Designation ....................

Note.-- The Government servant is advised that it would be in the interest of his

nominees if copies of the nominations and the related notices and acknowledgments are

kept in safe custody so that they may come into the possession of the beneficiaries in the

event of his death.

_____________________

Page 1 of 1

FORM 3

[See Rule 54 (12)]

Details of Family

Name of the Government servant................................................... .....................

Designation . ................................................... ...............................................

Date of birth . ................................................... .............................................

Date of appointment ................................................... .....................................

Details of the members of my . family . .................................................................

[14]as on ................................................... ........................................................

Sl. NO. Name of the

members of

family[15]

Date of

Birth

Relationship with

the Officer

Initials of the

Head of Office

Remarks

(1) (2) (3) (4) (5) (6)

I hereby undertake to keep the above particulars up-to-date by notifying to the Head of

Office any addition or alteration.

Signature of Government

servant

Place ...........................................

Dated the ....................................

Note.-- Wife and husband shall include respectively judicially separated wife and husband.

FORM 4 (Deleted)

Page 1 of 2

FORM 5

[See Rules 59 (1) (e) and 61(1)]

Particulars to be obtained by the Head of Office from the retiring Government

servant eight months before the date of his retirement

1. Name.

2. (a) Date of birth. (b) Date of retirement.

3. [16]Two specimen signatures (to be furnished in a separate sheet) duly attested by a

gazetted Government servant.

4. [17]Three copies of passport size joint [18]photographs with wife or husband (To be attested

by the Head of Office).

5. Two slips showing the particulars of height and [19]personal identification mark duly

attested by a gazetted Government servant.

6. Present address.

7. [20] Address after retirement.

8. Name of the Treasury or the Branch of Public Sector Bank or the Pay and Accounts

Office through which the pension is to be drawn.

9. [21]Details of the family in Form 3

10. Indicate whether family pension is admissible from any other source--Military or State

Government and/or a public sector undertaking/autonomous body/ Local Fund under the

Central or a State Government.

Place ........................................... .Signature

Dated the ..................................:....... Designation

Ministry/Department/

Office

FORM 6

[Deleted]

FORM 6 (Deleted)

Page 1 of 6

FORM 7

Form for assessing Pension and Gratuity

[See Rules 58, 60,61 (1) and (3) and 65 (1)]

(To be sent in duplicate if payment is desired in a different circle of accounting

unit)

PART I

1. Name of the Government servant

2. Father's name (and also husband's

name in the case of female

Government servant)

3. Date of birth (by Christian era)

4. Religion

5. Permanent residential address,

showing village, town, district and

State

6. Present or last appointment

including name of establishment: (i)

Substantive

(ii) Officiating, if any

7. Date of beginning of service

8. Date of ending of service

9. (i) Total period of military service for which

pensionor gratuity was sanctioned

(ii) Amount and nature of any

pension/gratuityreceived for the military

service

10. Amount and nature of any pension/gratuity

receivedfor previous civil service

11. Government under which service has been

rendered in order of employment

Years Months Days

12. Class of pension applicable

13. The date on which action initiated to --

(i) obtain the "No demand certificate" from

the Directorate of Estates as provided in Rule

57;

(ii) assess the service and emoluments

qualifying for pension as provided in Rule 59;

and

(iii) assess the Government dues other than

the duesrelating to the allotment of

Government accommodation as provided in

Rule 73 (1)

Page 2 of 6

14. Details of omissions, imperfections or

deficiencies in the service book which have

been ignored under Rule 59(1)(ii)

15. Total length of qualifying service (for the

purpose of adding towards broken periods, a

month is reckoned as thirty days)

16. Period of non-qualifying service -- From To

(i) Interruption in service condoned under

Rule 28

(ii) Extraordinary leave not qualifying for

pension

(iii) Period of suspension not treated as

qualifying

(iv) Any other service not treated as

qualifying

Total

17. Emoluments reckoning for gratuity

18. Average emoluments

1Emoluments drawn during the last

ten months of service

Post

held

From To Pay Personal Pay or Special

Pay

Average

Emoluments

19. Date on which Form 5 has been obtained from the

Government servant To be obtained eight months before the

date of retirement of Government servant]

20. (i) Proposed pension

(ii) Proposed graded relief

21. Proposed death-cum-retirement gratuity

22. Date from which pension is to commence

23. Proposed amount of provisional pension. If departmental or

judicial proceedings is instituted against the Government

servant before retirement

24. Details of Government dues recoverable out of gratuity --

(i) Licence fee for the allotment of Government

accommodation [See Sub-rules (2), (3) and (4) of Rule 72]

(ii) Dues referred to in Rule 73

25. [Whether nomination made for retirement gratuity/ death

gratuity]

26. Whether Family Pension, 1964 applies to the Government

servant, and if so --

(i) emoluments reckoning for the family pension

(ii) the amount of the family pension becoming payable to

h f il f h G if d h k l

Page 3 of 6

the family of the Government servant, if death takes place

after retirement--

(a) before attaining the age of 65 years, or Rs. ....

.............

(b) after attaining the age of 65 years Rs............

(iii) Complete and upto date details of the family as given in

Form 3 :

Sl. No. Name of the member of the

family

Date of birth Relationship with the

Government servant

1 2 3 4

27. Height

28. Identification marks

29. Place of payment of

pension

(Treasury. Sub-Treasury or

Branch of Public Sector Bank or

the Pay and Accounts Office)

30. Head of Account to which

pension and gratuity are

debitable

Signature of the

Head of Office

PART II

Section I

Account enfacement :

1. Total period of qualifying

service, which has been accepted

for the grant of superannuation or

retiring or invalid or

compensation or compulsory

retirement pension and gratuity,

which reasons for disallowance, if

any. (other than disallowance

indicated in Part I of this Form)

2. Amount of superannuation or

retiring or invalid or

compensation or compulsory

Page 4 of 6

retirement pension or gratuity

that has been admitted

3. The date from which

superannuation or retiring or

invalid or compensation or

compulsory retirement pension or

gratuity is admissible

4. Head of Account to which

superannuation or retiring or

invalid or compensation or

compulsory retirement pension or

gratuity is chargeable

5. The amount of the Family

Pension, 1964 becoming payable

to the entitled members of the

family in the event of death of the

Government servant after

retirement

Section II

1. Name of the Government

servant

2. Class of pension of gratuity

3. Amount of pension authorised

4. Amount of gratuity authorised

5. Date of commencement of

pension

6. Amount of family pension in

the event of death after

retirement?

(i) if death takes place

before 65 years of age,

(ii) if death takes place

after 65 years of age

7. The amount of graded relief

admissible on pension

8. The Government dues

recoverable out of gratuity before

authorising its payment

9.. The amount of cash depositor

the amount of gratuity held over

for adjustment of unassessed

Government dues

10. Date on which the pension

papers received by the Accounts

Officer.

Page 5 of 6

PENSION CALCULATION SHEET

Revised Format

[See Decision (2) below Rule 61]

1. Name

2. Designation

3. Date of birth 4. Date of entry

in the Government service

5. Date of retirement

6. Length of qualifying service

reckoned for pension/gratuity (as

indicated in P.P.O.)

7. Emoluments drawn during the

last 10 months

8. (1) Average emoluments for

pension (as indicated in P.P.O.)

(2) Pension admissible

Calculations to be shown as

follows:

Average Emoluments Qualifying Service

4 66

9. (1) Emoluments for gratuity

(as indicated in P.P.O.)

(2) Retirement gratuity

admissible ?. ??

Calculation to be shown as

follows:

Emoluments

Qualifying Service

10. (1) Emoluments for Family

Pension (as indicated in P.P.O.)

(2) Family Pension admissible

Calculations to be shown as

follows :

(a) Ordinary Family Pension :

Pay last drawn Prescribed % subject to pr ? escribed minimum and maximum

(b) Enhanced Family Pension :

Family Pension at ordinary rate as

at (a) above ? 2, subject to

prescribed minimum and

maximum as per Rule 54.

Head of Office

P.A.O.

Page 6 of 6

Counter-signed

_____________________________

11 (i) In a case where the last ten months include some period not to be reckoned for

calculating average emoluments an equal period backward has to be taken for

calculating average emoluments.

(ii) The calculation of average emoluments should be based on actual number of

days contained in each month.

Page 1 of 3

FORM 8

[See Rule 61 (1)]

Form of letter to the Accounts Officer forwarding the pension papers of a

Government servant

No.

...........................

................

Government of

India

Ministry of

...........................

Department/office

.................

Dated the

...........................

.....

To,

The Pay and Accounts Officer/Accountant-General

........................................... ...........................................

Subject.-- Pension papers of Shri/Shrimati/Kumari.................. for authorization of

pension.

Sir,

I am directed to forward herewith the pension papers of Shri/ Shrimati/

Kumari..................................of his Ministry/Department/Office for further necessary

action.

2. The details of Government dues which will remain outstanding on the date of retirement

of the Government servant and which need to be recovered out of the amount of deathcum-

retirement gratuity are indicated below :

(a) Balance of the house building or

conveyance advance

Rs.

(b) Over payment of pay and allowances

including leave salary

Rs.

Income Tax Act, 1961 (43 of 1961)

Rs.

(d) Arrears of licence fee for occupation of

Government accommodation

Rs.

(e) The amount of licence fee for the retention

of Government accommodation for the

permissible period of two months beyond

Rs.

Page 2 of 3

the date of retirement

(f) Any other assessed dues and the nature

thereof

Rs.

(g) The amount of gratuity to be withheld for

adjustment of unassessed dues, if any

Rs.

Total

3. Your attention is invited to the list of enclosures which is forwarded herewith.

4. The receipt of this letter may be acknowledged and this Ministry/Department/ Office

informed that necessary instructions for the disbursement of pension have been issued to

disbursing authority concerned.

5. The death-cum-retirement gratuity will be drawn and disbursed by this Ministry/

Department/Office on receipt of authority from you. The outstanding Government dues as

mentioned in paragraph 2 above will also be recovered out of the death-cum-retirement

gratuity before making payment.

Yours faithfully,

Head of Office

List of Enclosures

1. From 5[22] and Form 7 duly completed.

2. Medical certificate of incapacity (if the claim is for invalid pension).

3. Statement of the savings effected and the reasons why employment could not be found

elsewhere (if claim is for compensation pension or gratuity).

4. Service book (dale of retirement to be indicated in the service book).

5. (a) Two specimen signatures, duly attested by a gazetted Government servant or in

the case of pensioner not literate enough to sign his name, to slips bearing the left

hand thumb and finger impressions, duly attested by a gazetted Government

servant.

[23](b) Three copies of passport size photographs with wife or husband (either jointly

or separately duly attested by the Head of Office.

attested by a gazetted Government servant.

6. A statement indicating the reasons for delay in case the pension papers are not

forwarded before six months of the retirement of Government servant.

7. Written statement, if any, of the Government servant as required under Rule 59 (1) (a)

8. Brief statement leading to reinstatement of the Government servant in case the

Government servant has been reinstated after having been suspended, compulsorily

retired' removed or dismissed from service.

Note.-- When initials or name of the Government servant are or is incorrectly given in the

various records consulted, this fact should be mentioned in the letter.

FORM 9

[Deleted]

Page 3 of 3

FORM 9 (Deleted)

Page 1 of 1

FORM 10

[See Rule 77 (2)]

Form of letter to the member or members of the family of a deceased

Government servant where valid nomination for the grant of the death-cumretirement

gratuity, exists

No.

...........................

................

Government of

India

Ministry of

...........................

......

Department of

...........................

Dated the

...........................

........

To,

...........................................

Subject.-- Payment of death-cum-retirement gratuity in respect of the late

Shri/Shrimati...........................

Sir/Madam,

I am directed to state that in terms of the nomination made by the late Shri/

Shrimati............................... (Designation) in the Office/Department/Ministry

of.......................... a death-cum-retirement gratuity is payable to his/her nominee(s). A

copy of the said nomination is enclosed herewith.

2. I am to request that a claim for the grant of the gratuity may be submitted by you in

the enclosed Form 12.

3. Should any contingency have happened since the date of making the nomination, to as

to render the nomination invalid, in whole or in part, precise details of the contingency

may kindly be stated.

Yours faithfully,

Head of Office

Page 1 of 2

FORM 11

[See Rule 77 (2)]

Form of letter to the member or members of the family of a deceased government

servant where valid nomination for the grant of the death-cum-retirement gratuity does

not exist

NO.

...........................

................

Government of

India

Ministry of

...........................

Department of

.........................

Dated the

...........................

......

To,

...............................................................

Subject.-- Payment of death-cum-retirement gratuity in respect of the late

Shri/Shrimati...........................

Sir/Madam,

I am directed to say that in terms of Rule 50 of the Central Civil Services (Pension) Rules,

1972, a death-cum-retirement gratuity is payable to the following members of the family

of late Shri/Shrimati..............................(Designation) in the Office/Department/ Ministry

of.......................... in equal shares:

(i) Wife/husband including judicially separated wife/husband.

(ii) Sons including step children and

(iii) Unmarried daughter adopted children.

2. In the event of there being no surviving member of me family as indicated above, the

gratuity will be payable to the following members of the family in equal shares--

(i) widowed daughter including step daughters and adopted daughters.

(ii) father, including adoptive parents in case of individuals

(iii) mother, whose personal law permits adoption.

(iv) brother below the age of eighteen years and unmarried widowed sisters including step

brothers and step sisters.

(v) married daughters, and

Page 2 of 2

(vi) children of a pre-deceased son.

3. It is requested that a claim for the payment of gratuity may be submitted in the

enclosed Form 12 as soon as possible.

Yours faithfully,

Head of Office

Page 1 of 2

FORM 12

[See Rule 77(2)]

Form of application for the grant of death-cum-retirement gratuity on the death

of a Government servant

(To be filled in separately by each claimant and in case the claimant is minor, the Form

should be filled in by the guardian on his/her behalf. Where there are more than one

minor, the guardian should claim gratuity in one Form on their behalf).

1. (i) Name of the claimant in case he is not minor ?. ?. ?.

(ii) Date of birth of the claimant

2. (i) Name of the guardian in case the claimants are minors

(ii) Date of birth of the guardian ?

3. (i) Name of the deceased Government servant in respect of whom gratuity is being

claimed

(ii) Date of death of Government servant

(iii) Office/Department/Ministry in which the deceased served last

4. Relationship of the claimant/guardian with the deceased Government servant

5. Full Postal Address of the claimant/guardian

6. (i) Where gratuity is claimed by the guardian on behalf of minors, the names of the

minors, their ages, relationship with the deceased Government servant, etc.--

Sl. No. Name Age Relationship with the

deceased Government

servant

Postal Address

(ii) Relationship or the guardian with minor

7. Place of payment of Pension and Gratuity (Treasury, Sub-Treasury, Public Sector Bank

Branch, or the Pay and Accounts Office)

Signature/Thumb-impression

of the claimant/guardian

8. Two specimen signatures [24]or left hand thumb and finger impressions of the

claimant/guardian duly attested (To be furnished in a separate sheet)

9. [25]Attested by--

Name Full Address Signature

(i) ?.?.?.?.?.?.?.?. ?.?.?.?.?.?.?.?. ?.?.?.?.?.?.?.?.

(ii) ?.?.?.?.?.?.?.?. ?.?.?.?.?.?.?.?. ?.?.?.?.?.?.?.?.

10. Witnesses:

(i) ?.?.?.?.?.?.?.?. ?.?.?.?.?.?.?.?. ?.?.?.?.?.?.?.?.

Page 2 of 2

(ii) ?.?.?.?.?.?.?.?. ?.?.?.?.?.?.?.?. ?.?.?.?.?.?.?.?.

_______________________________

Page 1 of 1

FORM 13

[See Rule 77 (3)]

Form of letter to the widow/widower of a deceased Government servant for

grant of Family Pension, 1964

No.

.....................................

......

Government of India

Ministry of

.............................

Department of

........................

Dated the

..........................

To,

?.?.?.?.?.?.?.?.?????..

?????..?.?.?.?.?.?.?.?.

?????.?.?.?.?.?.?.?.?.

Subject. -- Payment of Family Pension, 1964, in respect of the late

Shri/Shrimati...........................

Sir/Madam,

I am directed to say that in terms of Rule 54 of the Central Civil Services (Pension) Rules,

1972, a Family Pension, 1964 is payable to you as widow/widower of the late

Shri/Shrimati.............(Designation) in the Office/Department/Ministry of............

2. You are advised that a claim for the grant of Family Pension, 1964, may be submitted in

the enclosed Form 14.

3. The Family Pension, 1964, will be payable till your death or remarriage whichever event

occurs earlier. In the event of your death or remarriage, the Family Pension, 1964, shall

be granted to the child or children, if any, through the guardian.

Yours faithfully,

Head of Office

Page 1 of 3

[26]FORM 14

[See Rules 77 (3) and 81 (2)]

Form of application for the grant of Family Pension, 1964, on the death of a

Government servant/pensioner

1. Name of the applicant (i) Widow/Widower (ii) Guardian if the deceased person is

survived by children

2. Name and age of surviving widow/widower and children of the deceased Government

servant/ pensioner

Sl. No. Name Relationship with the deceased

person

Date of birth by

Christian era.

3. Name and No. of the P.P.O. of the deceased pensioner

4. Date of death of the Government servant/pensioner

5. Office/Department/Ministry in which the deceased Government servant/pensioner

served last

6. If the applicant is guardian, his date of birth and relationship with the deceased

Government servant/pensioners

6-A. If the applicant is a widow/widower the amount of service pension which she/he may

be in receipt on the date of death of the husband/wife

7. Full address of the applicant

8. Place of payment of Pension and Gratuity and (Treasury, Sub-treasury or Public Sector

Bank Branch and Pay and Accounts Office)

9. Enclosures--

(i) Two specimen signatures of

the applicant, duly attested

(To be furnished in two separate

sheets).

(ii) Two copies of passport size

photographs of the applicant,

duly attested.

(iii) Two slips each bearing left

hand thumb and finger

impressions[27] of the applicant,

duly attested.

(iv) Descriptive Roll of the

applicant, duly attested,

indicating (a) height and (b)

Page 2 of 3

personal marks, if any, on the

hand, face, etc., (specify a few

conspicuous marks, not less than

two, if possible.) (To be furnished

in duplicate.)

(v) Certificate(s) of age (in

original with two attested copies)

showing the dates of birth of the

children. The certificate should be

from the Municipal Authorities or

from the local panchayat or from

the head of a recognised school if

the child is studying in such

school. (This information should

be furnished in respect of such

child or children, the particulars

of whose dale of birth are not

available with the Mead of Office).

10. Indicate whether family

pension is admissible from any

other source--Military or State

Government and/or a public

sector undertaking/autonomous

body/local fund under the Central

or State Government.

11. Signature or left hand thumb

impression[28] of the applicant.

12. Attested by :

Name Full Address Signature

(i) ?.?.?.?.?.?.?????.. ?.?.?.?.?.?.?????.. ?.?.?.?.?.?.?????..

(ii) ?.?.?.?.?.?.?????.. ?.?.?.?.?.?.?????.. ?.?.?.?.?.?.?????..

13. Witnesses :

(i) ?.?.?.?.?.?.?????.. ?.?.?.?.?.?.?????.. ?.?.?.?.?.?.?????..

(ii) ?.?.?.?.?.?.?????.. ?.?.?.?.?.?.?????.. ?.?.?.?.?.?.?????..

Note.-- Attestation should be done by two gazetted Government servants or two or Wore

persons of respectability in the town, village or Pargana in which the applicant resides.

FORM 15 (Deleted)

FORM 16 (Deleted)

FORM 17 (Deleted)

Page 1 of 4

FORM 18

[See Rules 78(1), 80 (1), (3) and (5) and 80-B (1) and (5)]

Form for assessing and authorising the payment of family pension and deathcum-

retirement gratuity when a Government servant dies while in service (To be

sent in duplicate if payment is desired in a different circle of accounting unit)

PART I

Section I

1. Name of the deceased Government servant

2. Father's name (and also husband's name in the case of female Government servant)

3. Date of Birth (by Christian era) 4. Date of Death (by Christian era)

5. Religion

6. Office/Department/Ministry in which last employed

7. Appointment held last (i) substantive (ii) officiating

8. Date of beginning of service

9. Date of ending of service

10. (i) Total period of military service for which pension gratuity was sanctioned; and

(ii) Amount and nature of any pension gratuity received for the military service

11. Amount and nature of any pension received for previous civil service, if any

12. Government under which service has been

rendered in order of employment

13. The date on which intimation regarding the death

of Government servant was received by the Head

of Office

14. The date on which action initiated to --

(i) obtain claim or claims from the claimants in the

appropriate form for death-cum-retirement

gratuity and family pension as provided in Rule

77;

(ii) obtain the "No demand certificate" from the

Directorate of Estates as provided in Rule 80-C

(1);

(iii) assess the Government dues other than the

dues pertaining to occupation of Government

accommodation as provided in Rule 80-C (2); and

(iv) assess the service and emoluments qualifying

for death-cum-retirement gratuity and family

pension as provided in Rules 78 and 79.

15. Whether nomination made for --

(i) death-cum-retirement gratuity

(ii) Family Pension, 1950, if applicable

16. Length of service qualifying for death-cumi

i / i

Page 2 of 4

retirement gratuity/pension

17. Periods of non-qualifying service -- From To

(i) Interruption in service condoned under Rule 28

(ii) Extraordinary leave not qualifying for gratuity

(Hi) Period of suspension treated as non-qualifying

(iv) Any other service not treated as qualifying

service

Total period of non-qualifying service

18. (a) Emoluments reckoning for death-cumretirement

gratuity

(b) Amount of death-cum-retirement gratuity

19. [Omitted].

20. [Omitted].

21. If Family Pension, 1964 applies :

(i) Proposed Family Pension at --

(a) enhanced rates [if service rendered at the time

of death is more than seven years as in Rule 54

(3)]

(b) ordinary rates -- [as in Rule 54 (2)]

(ii) Period of tenability of Family

Pension, 1964--

(a) enhanced rates

(b) ordinary rates

22. Persons to whom family

pension is payable : Name

Relationship with the deceased

Government servant Full Postal

Address

23. Details of Government dues

recoverable out of gratuity--

(i) Licence fee for

occupation of Government

accommodation [See Rule

80-C]

(ii) Amount of death-cumretirement

gratuity to be

held over pending receipt

of information from the

Directorate of Estates

[See Rule 80-C (i) (iv)]

(iii) Dues referred to in

Rule 80-C (2)

24. Date on which claims received

Page 3 of 4

from the claimants

25. Name of guardian who will

receive payment of death-cumretirement

gratuity and family

pension in the case of minors

26. Place of payment (Treasury,

Sub-Treasury or Branch or Public

Sector Bank or the Pay and

Accounts Office)

21. 1 lead of Account to which

death-cum-retirement gratuity

and family pension are debitable

Place

Dated the

Signature of

Head of Office

Section II

Details of provisional family pension and gratuity to be drawn and disbursed by

the Head of Office in accordance with Rule 80-A.

Provisional family pension Rs. .............. .....p.m.

Gratuity [the amount mentioned in item 18 (b) of Part I] ...... Rs. .............

Less

(a) Licence fee recoverable from gratuity for occupation

of Government accommodation [as in item 23 (i) of

Part I]

Rs. .............

(b) Amount of gratuity to be held over pending

receipt of information from the Directorate of

Estates [as in item 23 (ii) of Part I]

Rs. .............

of Part I

Rs. .............

(d) Total of (a), (b) and (c) Rs. .............

Place

Dated the

Signature of

Head of Office

PART II

Section I

Amount Enfacement

1. Total period of qualifying service which has been

accepted for --

(i) Death-cum-retirement gratuity

(ii) Family Pension, 1964 or

2. Not amount of gratuity after adjusting Government dues

Page 4 of 4

3. Amount and the period of tenability of Family Pension,

1964. If death took place

Amount Period of

tenability

Rs. From To

(i) before seven years service

(ii) after seven years service

4. Amount and the period of tenability of Family Pension,

1950

5. Dale from which Family Pension is admissible

6. Head of Account to which death-cum-retirementgratuity

and family pension are chargeable

Section II

1. Name of the deceased Government servant

2. Date of death of the Government servant

3. Date on which pension papers received by the Accounts

Officer

4. Amount of family pension authorized

5. Amount of gratuity authorized

6. Date of commencement of family pension ...

7. Date on which payment of family pension and gratuity

authorised

8. Amount recoverable from gratuity

9. Amount of gratuity held over pending receipt of 'No

demand certificate'

Place

Dated the Accounts

Officer

Page 1 of 2

FORM 19

(See Rule 80(1)]

Form of letter to the Accounts Officer forwarding papers for the grant of family

pension and death-cum-retirement gratuity to the family of a Government

servant who dies while in service

No.

...........................

......

Government of

India

Ministry of

...........................

Department/Office..

.................

Dated the

...........................

.....

To,

The Pay and Accounts Officer/

Accountant-General,

................................ ................................

............................... ................................

Subject.-- Grant of family pension and death-cum-retirement gratuity.

I am directed to say that Shri ................................. designation ................... died

on......................................... His family has become eligible for the grant of family

pension and death-cum-retirement gratuity. Form 18 duly completed is forwarded

herewith for further necessary action.

2. Government dues in respect of the deceased Government servant will be recovered out

of the death-cum-retirement gratuity as indicated in Section II of Part I of Form 18

3. Your attention is invited to the list of enclosures which is forwarded herewith.

4. The receipt of this letter may be acknowledged and this Ministry/Department/ Office

informed that necessary instructions for the disbursement of family pension and deathcum-

retirement gratuity have been issued to the disbursing authority concerned.

Yours faithfully,

Head of Office

List of enclosures

1. Form 18 duly completed.

2. Service book (date of death to be indicated in the service book).

3. Two specimen signatures or left hand thumb and finger impressions of the claimant or

guardian duly attested.

4. Two copies of passport size photographs of the claimant or guardian duly attested.

Page 2 of 2

5. Two copies of descriptive roll of the claimant or guardian duly attested indicating height

and personal marks.

6. Postal address of the claimant or guardian.

Page 1 of 2

FORM 20

[See Rule 18 (2)]

Form of letter sanction Family Pension, 1964 to the child or children of a retired

Government servant who dies after retirement but does not leave behind a

widow or widower

No. ......................

................................

Government of

India Ministry of ...........

.....................

Department/Office........

......................

Dated the ..............

................................

To,

The Pay and Accounts Officer/

Accountant-General,

................................ ................................

Subject.-- Grant of Family Pension, 1964, to the child/children.

Sir,

I am directed to say that Shri/Shrimati............................... formerly.................... in

this Ministry/Department was authorized (Designation) pension of Rs.

........................with effect from.................................... on his/her retirement from

service.

2. Intimation has been received in this Ministry/Department/Office that Shri/ Shrimati

......................................... died on ................................. and that at the time of

death left no widow/widower but was survived by the following children [29]:

Sl. No. Name Son/ Daughter Date of birth in

Christian era

Date from which

family pension

ceases to be

payable

(1)

(2)

(3)

(4)

3. In terms of Rule 54 of the Central Civil Services (Pension) Rules, 1972 the amount of

Family Pension, 1964 has become payable to the children in the order mentioned above.

The Family Pension, 1964 will be payable on behalf of the minor to

Shri/Shrimati................................. who is the guardian.

4. Sanction for the grant of Family Pension, 1964 of Rs. ...................... per month to the

children mentioned above is hereby accorded. The Family Pension, 1964 will take effect

Page 2 of 2

from ........................................... and subject to the provisions of Sub-rule (6) of Rule

54 of the Central Civil Services (Pension) Rules, 1972, will be tenable

till.....................................

5. The Family Pension, 1964 is debitable to the Head.

6. Attention is invited to the information furnished in the list of enclosures.

7. The receipt of this letter may be kindly acknowledged and this Ministry/

Department/Office informed that instructions for the payment of Family Pension, 1964 to

the guardian have been issued to the disbursing authority concerned.

Yours faithfully,

Head of Office

List of enclosures

1. Permanent address of the guardian.

2. Place of payment (Government Treasury, Sub-Treasury or Branch of Public Sector Bank

or Pay and Accounts Office).

3. Specimen signature or [30]left hand thumb and finger impressions of the claimant or

guardian duly attested.

4. Two attested copies of passport size photographs of the guardian.

5. Descriptive roll of the guardian, duly attested.

Page 1 of 2

FORM 21

[See Rule 81 (2)]

Form or letter sanctioning Family Pension to the child or children on the death or

re-marriage of a widow/widower who was in receipt of Family Pension, 1964

No. ..........................

................................

Government of India

Ministry of

........................

......................

Department/Office...........

....... .................

Dated the ....................

...............................

To,

The Pay and Accounts Officer/

Accountant-General,

Subject.-- Grant of Family Pension to the child/children.

Sir,

I am directed to say that Shri/Shrimati..................................... widow/widower of late

Shri/Shrimati ................................ formerly .............................. (Designation) in this

Ministry/Department/Office was authorised the payment of Family Pension, 1964 of Rs.

.................. with effect from ......... The Family Pension, 1964 was tenable till the death

or re-marriage of the widow/ widower.

2. Intimation has been received in this Ministry/Department/Office that Shri/

Shrimati...................... died re-married on.........................................

3. At the time of death/re-marriage Shri/Shrimati .............................. following children

[31]:

Sl. No. Name Son/ Daughter Date of birth in

Christian era

Date from which the

family pension

ceases to be payable

(1)

(2)

(3)

(4)

4. In terms of Rule 54 of the Central Civil Services (Pension) Rules, 1972. The amount of

Family Pension, 1964 has become payable to the children in the order mentioned above.

The Family Pension, 1964 will he payable on behalf of the minors to

Shri/Shrimati.................................., who is the guardian.

5. Sanction for the grant of Family Pension, 1964 of Rs. ...................... per month to the

children, mentioned above is hereby accorded. The Family Pension, 1964 will take effect

from ........................................... and subject to the provisions of Sub-rule (6) of Rule

54 of the Central Civil Services (Pension) Rules, 1972, will be tenable

Page 2 of 2

till....................................

6. The Family Pension, 1964 is debitable to the Head..........................

7. Attention is invited to the information furnished in the list of enclosures.

8. The receipt of this letter may be kindly acknowledged and this Ministry/

Department/Office informed that necessary instructions for the payment of Family

Pension; 1964 to the guardian have been issued to the disbursing officer concerned.

Yours faithfully,

Head of Office

List of enclosures

1. Permanent address of the guardian.

2. Place of payment (Government Treasury, Sub-Treasury or Branch of Public Sector Bank

or Pay and Accounts Office).

3. Specimen signature or [32]left hand thumb and finger impressions of the guardian, duty

attested.

4. Two attested copies of passport size photographs of the guardian.

5. Descriptive roll of the guardian, duly attested.

Page 1 of 2

FORM 22

[See Rule 81(4)]

Form of application for the grant of Residuary[33] Gratuity on the death of a

pensioner

(To be filled in separately by each applicant)

1. Name of the applicant .......................

2. (i) Name of the guardian in case the applicant is a minor ..............

(ii) Date of birth of guardian ..............

3. Name of the deceased pensioner ..............

4. Office/Department/Ministry in which the deceased pensioner served last ..............

5. Date of death of the pensioner ..............

6. Date of retirement of the deceased pensioner ..............

7. Amount of monthly [34]pension (including ad hoc increase, if any) sanctioned to deceased

pensioner ..........

8. Amount of [35][retirement gratuity] received by the deceased pensioner ..............

9. The amount of [36]pension (including ad hoc increase, if any) drawn by the deceased till

the date of death.........

10. If the deceased had commuted a portion of pension before his death, the commuted

value of the pension .....

11. Total of items 8, 9 and 10 ..............

12. Amount of [37][Death gratuity] equal to 12 times of the emoluments ..............

13. The amount of residuary gratuity claimed, i.e., the difference between the about

shown against items 12 and 11 ..............

14. Relationship of the applicant with the deceased pensioner..............

15. Date of the Treasury or Sub-Treasury at which payment is desired ..............

16. Full address of the applicant ...............

17. Signature or thumb impression of the applicant (To be furnished in a separate sheet

duly attested)1

18. Attested by :

Name Full Address Signature

Page 2 of 2

(i) .....................................................................................

(ii) .....................................................................................

Witnesses :

(i) .....................................................................................

(ii) .....................................................................................

Page 1 of 1

FORM 23

[See Rule 38 (3)]

Form of Medical Certificate

"Certified that [38][I/(We) have carefully examined AB son of CD a ............ in the

................................His age by his own statement is ............... years, and by

appearance abort ..................................................years. I/(We) consider AB to be

completely and permanently incapacitated for further service of any kind in the

Department to which he belongs in consequence of ..................... (here state disease or

cause)."

(If the incapacity docs not appear to be complete and permanent, the certificate should be

modified accordingly and the following addition should be made).

[39]"I am/We are of opinion that AB is fit for further service of a less laborious character than

that which he had been doing/may, after resting for............................... months, be fit

for further service of less laborious character than that which he had been doing."

Medical

Authority

Place

Dated the

Bottom of Form

Page 1 of 1

FORM 24

[See Rule 32]

Form of certificate of verification of service for pension

No.

...........................

................

Government of

India

Ministry of

...........................

Department

of.........................

Dated the

...........................

.....

Certificate

It is clarified, in consultation with the Accounts Officer, that Shri..........................

Designation ...........................................has completed a qualifying service of

.......................years ..................................months, and ............................ [days a

son (date), as per details given below. The service has been verified on the basis of his

service documents and in accordance with the rule regarding qualifying service in force fit

present. The verification of service under Sub-rules (1) and (2) of Rule 32 of the Central

Civil Services (Pension) Rules, 1972, shall be treated as final and shall not be re-opened

except when necessitated by a subsequent change in the rules and orders governing the

conditions under which the service qualifies for pension.

DETAILS OF QUALIFYING SERVICE

From To

Signature of Head of Office

To,

Shri ...........................................

Page 1 of 2

FORM 25

[See Rule 10(1)]

Form of application for permission to Central services officers 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. Particulars of the

Ministry/Department/Offices in which the officer

served during the last 5 years preceding

retirement (with duration):

Duration

Name and Ministry/

Department/Office

Post held 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 any, should be

mentioned)

Gratuity, if any

7. Details regarding commercial employment proposed to be taken up--

(a) Name of the firm/company/Co-operative Society, etc.

(b) Products being manufactured by the firm/type of business carried out by the

firm, etc.

dealings with the firm or company or Co-operative Society, etc.

(d) Duration and nature of the official dealings with the firm

(e) Name of the job/post offered

(f) Whether post was advertised, if not, how was offer made (attach newspaper

cutting 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

Page 2 of 2

(i) If proposing to set up a practice, indicate--

(a) Professional qualification/in the field of practice

(b) Nature of proposed practice

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

9. Declaration: I hereby declares that--

(a) The employment, which I propose to take up, will not involve activities prejudicial

to India's foreign relations, national security and domestic harmony. It will not involve

conflict of interest with the policies of the office held by me during the last three years

and the interest represented or work undertaken by the organization I propose to join

will not bring me into conflict with the working of the Government.

(b) I have not been privy to sensitive or strategic information in the last three years of

service, which is directly related to the areas of interest or work of the organization that

I propose to join or to the areas in which I propose to practice or consult.

Non-Government Organisations.

(d) I agree to withdraw from the commercial employment in case of any objection by

the Government.

Address

Place

Dated

Bottom of Form

[1] Substituted by SO1483(E) dt 30.12.2003 for the following words:-

???????????????????????????? ?these rules shall apply to Government servants?

[2] Substituted by Notification No. GSR723(E) dated 23.11.2006 for the words ?two years?.

[3] Inserted by SO860(E) dt28.07.2003.

[4] Substituted by Notification No. GSR723(E) dated 23.11.2006 for the following:-

?(3) In granting or refusing permission under Sub-rule (2) to a pensioner for taking up any commercial employment, the Government shall have regard to the following factors, namely--

(a) the nature of the employment proposed to be taken up and the antecedents of the employer,

(b) whether his duties in the employment which he proposes to take up might be such as to bring him into conflict with Government;

(c) 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 suspension that such pensioner had shown favours to such employer:

(d) whether the duties of the commercial employment proposed involve liaison or contact word with Government departments;

(e) whether his commercial duties will be such that his previous official position or knowledge or experience under Government could be used to give the proposed employer an unfair advantage;

(f) the emoluments offered by the proposed employer; and

(g) any oilier relevant factor.?

[5] Inserted by SO860(E) dt28.07.2003.

[6] Inserted by Notification No. SO1487(E) dated 14.10.2005.

[7] Substituted by the Central Civil Services (Pension) (Amendment) Rules, 2010 vide Notification No. SO829(E) dated 07.04.2010 previous text was : -

"ten per cent of gratuity or one thousand rupees, whichever is less"

[8] Inserted by the Central Civil Services (Pension) (Amendment) Rules, 2010 vide Notification No. SO829(E) dated 07.04.2010.

[9] Substituted by the Central Civil Services (Pension) (Amendment) Rules, 2010 vide Notification No. SO829(E) dated 07.04.2010 previous text was :-

"ten per cent of the gratuity or one thousand rupees, whichever is less"

[10] Substituted by the Central Civil Services (Pension) (Amendment) Rules, 2010 vide Notification No. SO829(E) dated 07.04.2010 previous text was :-

"(6) The recovery of licence fee for the occupation of the Government accommodation beyond the permissible period of [four months] after the date of retirement of allottee shall be the responsibility of the Directorate of Estates. [Any amount becoming due on account of licence fee for retention of Government accommodation beyond four months after retirement and remaining unpaid may be ordered to be recovered by the Directorate of Estates through the concerned Accounts Officer from the dearness relief without the consent of the pensioner. In such cases no dearness relief shall be disbursed until full recovery of such dues have been made.]"

[11] Substituted by the Central Civil Services (Pension) (Amendment) Rules, 2010 vide Notification No : SO829(E) Dated 07.04.2010 previous text was : -

"ten per cent of the [death gratuity] or one thousand rupees, whichever is less"

[12] This column should be filled in so as to cover the whole amount of the gratuity.

[13] The amount/share of the gratuity shown in this column should cover the whole

amount/share payable to the original nominee(s).

[14] Family for this purpose means family as defined in Clause (b) of Sub-rule (14) of

Rule 54 of the Central Civil Services (Pension) Rules, 1972.

[15] Family for this purpose means family as defined in Clause (b) of Sub-rule (14) of

Rule 54 of the Central Civil Services (Pension) Rules, 1972.

[16] Two Slips each bearing the left hand thumb and finger impressions duly attested

may be furnished by a person who is not literate to sign his name. If such a

Government servant on account of physical disability is unable to give left hand

thumb and finger impressions he may give thumb and finger impressions of the

right hand. Where a Government servant has lost both the hands, he may give his

toe impressions. Impressions should be duly attested by a gazetted Government

servant.

[17] Two copies of the passport size photographs of self only need be furnished--

(i) If the Government servant is governed by Rule 54 of the Central Civil Services

(Pension) Rule, 1972 and is unmarried or a widower or widow;

(ii) If the Government servant is governed by Rule 55 of the Central Civil Services

(Pension) Rule, 1972 and is unmarried or a widower or widow;

[18] Where it is not possible for a Government servant to submit a photograph with his

wife or her husband, he or she may submit separate photographs. The photographs

Page 2 of 2

shall be attested by the Head of Office.

[19] Specify a few conspicuous marks, marks, not less than two, if possible.

[20] Any subsequent change of address should be notified to the Head of Office.

[21] Applicable only where Rule 54 of the Central Civil Services (Pension) Rules, 1972

applies to the Government servant.

[22] If a Government servant is compulsorily retired from service and delay is

anticipated in obtaining Form 5 from the Government servant, the Head of Office

may forward the pension papers to the Accounts Officer without Form 5. The Form

may be sent as soon as it is obtained from the Government servant

[23] ?Only two copies of passport size photographs need be furnished-- (i) if the

Government servant is governed by Rule 54 of the Central Civil Services (Pension)

Rules, 1972 and is unmarried or a widower or a widow; (ii) if the Government

servant is governed by Rule 55 of the Central Civil Services (Pension 1972.

[24] To be furnished in case the applicant is not literate enough to sign his name.

[25] Attestation should he done by two gazetted Government servants or two or more

persons of respectability in the town, village or Pargana in which the applicant

resides.

[26] Form TR 40-A as amended.

[27] To be furnished in case the applicant is not literate enough to sign his name.

In the case of re-marriage of the widow while applying for family pension on behalf

of the minor child, the widow should furnish (i) the date of her re-marriage, (ii)

name of the Treasury/Sub treasury at which payment is desired and (iii) her full

address in the application for family pension. It is not necessary to furnish a fresh

application nor the documents as they are already available with the pension papers

on which family pension was originally admitted to her.

[28] To be furnished in case the applicant is not literate enough to sign his name.

In the case of re-marriage of the widow while applying for family pension on behalf

of the minor child, the widow should furnish (i) the date of her re-marriage, (ii)

name of the Treasury/Sub treasury at which payment is desired and (iii) her full

address in the application for family pension. It is not necessary to furnish a fresh

application nor the documents as they are already available with the pension papers

on which family pension was originally admitted to her.

[29] The names of children should be mentioned in the order of eligibility mentioned in

Rule 54 of the Central Civil Services (Pension) Rules, 1972. Children born us a

result of marriage which took lace before the retirement of the Government servant

or children adopted legally before retirement should only be included but children

born after retirement should not be included.

[30] Be furnished in the case of the guardian is not literate enough to sign his or her

name.

[31] The names of children should he mentioned in the order of eligibility mentioned in

Rule 34 of the Central Civil Services (Pension) Rules, 1972. Children born as a

result of marriage which took place before the retirement of the Government

servant or children adopted legally before retirement should only be included hut

children born after retirement should not be included.

[32] To be furnished in the case of the guardian who is not literate enough to sign his or

her name.

[33] ?If a retired Government servant in receipt of service gratuity or pension dies within

five years from the date of his retirement from service including compulsory

retirement as a penalty, and the sums actually received by him at the time of his

death on account of such gratuity or pension including ad hoc increase, if any

together with the death-cum-retirement gratuity and the commuted value of any

portion of pension commuted by him are less than the amount equal to 12 times of

his emoluments, a residuary gratuity equal to the deficiency becomes to the family.

[34] When a Government servant has retired before earning a portion, the amount of

service gratuity should be indicated.

[35] Subs. by Noti. No. S.O.2388, dated 20.7.1988.

[36] When a Government servant has retired before earning a portion, the amount of

service gratuity should be indicated.

[37] Subs. by Noti. No. S.O. 2388, dated 20.7.1988.

[38] Strike out whichever is not applicable.

[39] Strike out whichever is not applicable.

Central Civil Services (Pension) Rules, 1972

Central Civil Services (Pension) Rules, 1972

1. Short title and commencement.--

2. Application.--

3. Definitions.--

4. Government servants transferred from services and posts to which these rules do not apply.--

CHAPTER II

General Conditions

5. Regulation of chums to pension or family pension.-

6. [Deleted].

7. Limitations on number of pensions.--

8. Pension subject to future good conduct.--

Explanation.-- In this rule,--

9. Right of President to withhold or withdraw pension.--

10. Commercial employment after retirement.--

11. Restriction on practice in Income Tax and other cases after retirement.--

12. Employment after retirement under a Government outside India.--

Explanation.--

CHAPTER III

13. Commencement of qualifying service.--

14. Conditions subject to which service qualifies.--

15. Counting of service on probation.--

16. Counting of service as apprentice.--

17. Counting of service on contract.--

18. Counting of pre-retirement civil service in the case of re-employed Government servants.--

19. Counting of military service rendered before civil employment.--

20. Counting of war service rendered before civil employment.--

21. Counting of periods spent on leave.--

22. Counting of period spent on training.--

23. Counting of periods of suspension.--

24. Forfeiture of service on dismissal or removal.--

25. Counting of past service on reinstatement.--

26. Forfeiture of service on resignation.--

27. Effect of Interruption in service.--

28. Condonation of interruption in service.--

29. Addition to qualifying service when a Government servant is declared surplus.--

[5][29A. Addition to qualifying service under special voluntary retirement scheme

30. Addition to qualifying service in special circumstances.--

31. Period of deputation to United Nations and other Organisations.--

32. Verification of qualifying service after 25 years service, or 5 years before retirement.--

CHAPTER IV

33. Emoluments.--

34. Average Emoluments.--

Classes of pensions and conditions governing their grant

35. Superannuation pension.--

36. Retiring pension.--

37. Pension on absorption in or under a corporation, company or body.?

Explanation.-- Date of absorption shall be?

(i) in case a Government employee joins a Corporation or Company or body on immediate absorption basis, the date on which he actually joins that Corporation or Company or body;

(ii) in case a Government employee initially joins a Corporation or Company or body on foreign service terms by retaining a lien under the Government, the date from which his unqualified resignation is accepted by the Government.

Explanation.-- Body means autonomous body or statutory body.

37-A. Conditions for payment of pension on absorption consequent upon conversion of a Government Department into a Central autonomous body or a Public Sector Undertaking--

38. Invalid pension.--

39. Compensation pension.--

40. Compulsory retirement pension.--

41. Compassionate allowance.--

42.-47.-- Deleted].

CHAPTER VII

48. Retirement on completion of 30 years' qualifying service.--

48-A. Retirement on completion of 20 years' qualifying 'service.--

48-B. Addition to qualifying service on voluntary retirement.--

49. Amount of pension.--

50. Death-cum-retirement gratuity?

51. Persons to whom gratuity is payable.--

51-A. Debarring a person from receiving gratuity.--

52. Lapse of retirement gratuity/death gratuity.--

53. Notifications.--

54. Family Pension, 1964.--

Note.-- The provisions of this rule will also extend from 22nd September, 1977 to Government servant on pensionable establishments who retired/died before 31.12.1963 as also to those who were alive on 31.12.1963 but had opted out of 1984 Scheme.

Explanation.-- The expression "continuous one year of service" wherever it occurs in this rule shall be construed to include "less than one year of continuous service" defined in Clause (aa).

(2-A) The amount of family pension shall be fixed at monthly rats and be expressed in whole rupees and where the family pension contains a fraction of a rupee, it shall be rounded off to the next higher rupees :

Provided that in no case a family pension in excess of the minimum [prescribed under this rule] shall be allowed.

Explanation.-- For the purpose of this sub-clause, [pension authorised on retirement] includes the part of the pension which the retired Government servant may have commuted before death.

Explanations-- ?(a) Only that disability which manifests itself before the retirement or death of the Government servant while in service shall be taken into account for the purpose of grant of family pension under this sub-rule.

55. Family Pension, 1950.?

55-A. Dearness relief on pension family pension/pensions.--

56. Preparation of list of Government servants due for retirement.--

57. Intimation to the Directorate of Estates regarding issue of "No Demand Certificate".--

58. Preparation of pension papers.--

59. Stages for the completion of pension papers.--