No. 1I19/2013-P&PW (E)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners' Welfare
(Desk E)
3rd Floor, Lok Nayak Bhawan,
KhanMarket, New Delhi
29th August, 2014
To, The Manager,
Govt. of India Press,
Mayapuri, Ring Road,
New Delhi-110064
Sub: Amendment to CCS (Pension) Rules, 1972 - Notification regardingSir, I am to forward herewith a copy of Notification (English & Hindi versions) on the above subject and to request that the same may be published in the Gazette of India (Extraordinary) Part II, Section 3, sub-section (i).
2. The Notification has been signed by Joint Secretary (Pension).
Encl: As Above.
Yours faithfully,
sd/-
(Sujasha Choudhury)
Deputy Secretary
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,
SECTION 3, SUB - SECTION (i)]
SECTION 3, SUB - SECTION (i)]
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Pension and Pensioners’ Welfare
NOTIFICATION
New Delhi, the 29th August, 2014
G.S.R………… (E). –
In exercise of the powers conferred by the proviso to article 309 and
clause (5) of article 148 of the Constitution and after consultation
with the Comptroller and Auditor General of India in relation to persons
serving in the Indian Audit and Accounts Department, the President
hereby makes the following rules further to amend the Central Civil
Services (Pension) Rules, 1972, namely:
1. (1) These rules may be called the Central Civil Services (Pension) Fourth Amendment Rules, 2014.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Central Civil Services (Pension) Rules, 1972, (hereinafter referred to as the said rules),
(a) in rule 32,–
(i) in the marginal heading, for the word “or”, the word “and” shall be substituted;
(ii) in sub-rule (1), for the word “or”, the word “and” shall be substituted;
(iii) after sub-rule (1), the following shall be inserted, namely:
“(1A) For the purposes of verification of service, the Head of Office
shall follow the procedure provided in clause (a) of rule 59.”;
(b) in the said
rules, in rule 56, for sub-rule (1) and sub-rule (2), the following
sub-rules shall respectively be substituted, namely:
“ (1) Every Head
of Department shall have a list prepared every three months, that is, on
the 1st January, 1st April, 1st July and 1st October each year, of all
Government servants who are due to retire within the next twelve to
fifteen months of that date.
(2) A copy of
every such list shall be supplied to the Accounts Officer concerned not
later than 31st January, 30th April, 31st July or 31st October, as the
case may be, of that year.”
(c) in the said rules, for rule 57, the following rule shall be substituted, namely:
“57. The Head of Office shall write to the Directorate of Estates at
least one year before the anticipated date of retirement of the
Government servant who was or is in occupation of a
Government accommodation (hereinafter referred to as the allottee) for
issuing a `No demand certificate' in respect of the period preceding
eight months of the retirement of the allottee.”
(d) in the said rules, in rule 58, for the words “two years” the words “one year” shall be substituted;
(e) in the said rules, for rule 59, the following rule shall be substituted, namely:-
“59. Stages for the completion of pension papers on superannuation. –
The Head of Office shall divide the period of preparatory work of one
year referred to in rule 58 in the following three stages, namely:–
(a) First Stage. – Verification of service. –
(i) The Head of
Office shall go through the service book of the Government servant and
satisfy himself as to whether the certificates of verification for the
service subsequent to the service verified under rule 32 are recorded
therein.
(ii) In respect
of the unverified portion or portions of service, he shall verify the
portion or portions of such service, as the case may be, based on pay bills, acquittance rolls or other relevant records such as last pay certificate, pay slip for
month of April which shows verification of service for the previous
financial year 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, the Head of Office under which the Government servant is at
present serving shall refer the said period of service to the Head of
Office in which the Government servant is shown to have served during
that period for the purpose of verification.
(iv) On receipt
of communication referred to in sub-clause (iii), the Head of Office in
that office or Department shall verify the portion or portions of such
service, in the manner as specified in sub-clause (ii), and send
necessary certificates to the referring Head of Office within two months
from the date of receipt of such a reference:
Provided that in
case a period of service is incapable of being verified, it shall be
brought to the notice of the referring Head of Office simultaneously.
(v) If no
response is received within the time referred to in the preceding
subclause, such period or periods shall be deemed to qualify for
pension.
(vi) If at any
time thereafter, it is found that the Head of Office and other concerned
authorities had failed to communicate any non-qualifying period of
service, the Secretary of the administrative Ministry or Department
shall fix responsibility for such non-communication.
(vii) The
process specified in sub-clauses (i), (ii), (iii), (iv) and (v) shall be
completed eight months before the date of superannuation.
(viii) If any
portion of service rendered by a Government servant is not capable of
being verified in the manner specified in sub-clause (i) or sub-clause
(ii) or sub-clause (iii) or sub-clause (iv) or sub-clause (v), the
Government servant shall be asked to file a written statement on plain
paper within a month, stating that he had in fact rendered service for
that period, and shall, at the foot of the statement, make and subscribe to a declaration as to the truth of that statement.
(ix) The Head of
Office shall, after taking into consideration the facts in the written
statement referred to in sub-clause (viii) admit that portion of service as having been rendered for the purpose of calculating the pension of that Government servant.
(x) If a
Government servant is found to have given any incorrect information
willfully, which makes him or her entitled to any benefits which he or
she is not otherwise entitled to, it shall be construed as a grave
misconduct.
(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 specified in
clause (a) and to make good the omissions, imperfections or deficiencies
referred to in sub-clause (i).
(iii) Any
omission, imperfection or deficiency which is incapable of being made
good and the periods of service about which the Government servant has
submitted no statement and 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.
(iv) 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.
(v) 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 only for the period of twenty-four months
preceding the date of retirement of a Government servant, and not for
any period prior to that date.
(c) Third Stage. - As soon as the second stage is completed, but
not later than eight months prior to the date of retirement of the
Government servant, the Head of Office shall –
(i) furnish to
the retiring Government servant a certificate regarding the length of
qualifying service proposed to be admitted for the purpose of pension
and gratuity and also the emoluments and the average emoluments proposed
to be reckoned for retirement gratuity and pension.
(ii) direct the
retiring Government servant to furnish to the Head of Office the reasons
for non-acceptance, supported by the relevant documents in support of
his claim within two months if the certified service and emoluments as
indicated by the Head of Office are not acceptable to him.
(iii) forward to the retiring Government servant Form 5 advising him to
submit the same duly completed in all respects so as to reach the Head
of Office not later than six months prior to his date of retirement.”
(f) in the said rules, after rule 59, the following rule shall be inserted, namely:
“59-A. A
Government servant, retiring for reasons other than superannuation may,
submit Form 5 before such retirement but after the competent authority
has approved such retirement or the retirement has become effective, as
the case may be.”;
(g) in the said rules, for rule 60, the following rule shall be substituted, namely:
“60. Completion
of pension papers. – In cases under rule 59, the Head of Office shall
complete Part I of Form 7 not later than four months before the date of
retirement of a Government servant and in cases under rule 59-A, the
Head of Office shall complete Part I of Form 7 within three months after
submission of Form 5 by a Government servant.”;
(h) in the said rules, in rule 61, –
(i) sub-rule (3) shall be omitted;
(ii) for sub-rule (4), the following sub-rule shall be substituted, namely:
“ (4) The papers referred to in sub-rule (1) shall be forwarded to the
Accounts Officer not later than four months before the date of
superannuation of a Government servant and in cases other than
retirement on superannuation not later than three months after the date
of submission of Form 5.”;
(i) in the said rules, in rule 62, the words, brackets and figures,
“within the period specified in sub-rule (4) of rule 61” shall be
omitted;
(j) in the said rules, in rule 63, for sub-rule (1), the following sub-rule shall be substituted, namely:
“(1) The Head of
Office shall, after ascertaining and assessing the Government dues
referred to in rule 71, furnish the particulars thereof to the Accounts
Officer in Form 8.”
(k) in the said rules, for rule 64, the following rule shall be substituted, namely:
“64. Provisional
pension for reasons other than Departmental or Judicial proceedings.–
(1) Where in spite of following the procedure laid down in rule 59, it
is not possible for the Head of Office to forward the pension papers
referred to in rule 61 to the Accounts Officer within the period
specified in sub-rule (4) of that rule or where the pension papers have
been forwarded to the Accounts Officer within the specified period but
the Accounts Officer may have returned the pension papers to the Head of
Office for eliciting further information before issuing pension payment
order and order for the payment of gratuity and 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, the Head of Office shall rely upon such information as may be
available in the official records, and without delay, determine the
amount of provisional pension and the amount of provisional retirement
gratuity.
(2) On receipt of
Form 5, in a case of retirement otherwise than on superannuation, the
Head of Office shall sanction provisional pension and also provisional
retirement gratuity till issue of Pension Payment Order.
(3) Where the
amount of pension and gratuity cannot be determined for reasons other
than the Departmental or Judicial proceedings, the Head of Office shall –
(a) issue a
letter of sanction addressed to the Government servant endorsing a copy
thereof to the Accounts Officer authorising –
(i) 100 per cent
of pension 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 withholding ten per cent of gratuity.
(b) specify in
the letter of sanction the amount recoverable from the gratuity under
subrule (1) of rule 63 and after issuing the letter of sanction referred
to in clause (a), the Head of Office shall draw –
(i) the amount of provisional pension ; and
(ii) the amount
of provisional gratuity after deducting therefrom the amount specified
in sub-clause (ii) of clause (a) and the dues, if any, specified in rule
71,
in the same manner as pay and allowances of the establishment are drawn by him.
(4) The amount of
provisional pension and gratuity payable under sub-rule (2) or sub-rule
(3) shall, if necessary, be revised on the completion of the detailed
scrutiny of the records.
(5) (a) The
payment of provisional pension shall not continue beyond the period of
six months from the date of retirement of a Government servant or from
the date of submission of Form 5 by the Government servant, whichever is
later, and 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; and
(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 (3) 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 subrule
(3) 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 (3) 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 (3) is more 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 minimized and the officials
responsible for the excess payment shall be accountable for the
overpayment.
(6) 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) of sub-rule (5), 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.
(7) As soon as
the pension payment order has been issued by the Accounts Officer under
clause (a) of sub-rule (5) or sub-rule (6), the Head of Office shall
release the amount of withheld gratuity under sub-clause (ii) of clause
(a) of sub-rule (3) 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
(3).
(8) If a Government servant is or was an allottee of
Government accommodation, the withheld amount should be paid on receipt
of `No Demand Certificate' from the Directorate of Estates.”;
(l) in the said rules, in rule 65, for sub-rule (1), the following sub-rule shall be substituted, namely:
“(1) (a) On
receipt of pension papers referred to in rule 61, the Accounts Officer
shall apply the requisite checks, record the account enfacement in Part
II of Form 7 and assess the amount of pension, family pension and
gratuity and issue the pension payment order not later than one month in
advance of the date of the retirement of a Government servant on
attaining the age of superannuation.
(b) In the cases
of retirement otherwise than on attaining the age of superannuation, the
Accounts Officer shall apply the requisite checks, complete Part II of
Form 7, assess the amount of pension, family pension and gratuity,
assess dues and issue the pension payment order within three months of
the date of receipt of pension papers from the Head of Office.
(c) The Accounts
Officer shall indicate in the Pension Payment Order, the name of the
spouse of the Government servant, if alive, as family pensioner.
(d) The Accounts
Officer shall also indicate in the Pension Payment Order, the names of
the permanently disabled child or children and dependent parents and
disabled siblings as family pensioners if there is no other member of
family to whom family pension may become payable before such disabled
child or children or dependent parents or disabled siblings.
(e) On receipt of
a written communication from the Head of Office on an application from
an existing pensioner or family pensioner, the Accounts Officer shall
also indicate in the Pension Payment Order, the names of the permanently
disabled child or children and dependent parents and disabled siblings
as family pensioners if there is no other member of family to whom
family pension may become payable before such disabled child or children
or dependent parents or disabled siblings.
(f) The Pension
Disbursing Authority shall authorise family pension to the members of
family referred to in clause (c), (d) or (e) in accordance with the
provisions of rule 81 in the order indicated in rule 54.”
(m) in the said
rules, in rule 66, in the proviso, for the words “not exceeding five
hundred”, the words “not exceeding three thousand five hundred” shall be
substituted;
(n) in the said rules, in rule 68, –
(i) for sub-rule (1), the following shall be substituted, namely:
“(1) In all cases
where the payment of gratuity has been authorised later than the date
when its payment becomes due, including the cases of retirement
otherwise than on superannuation, and it is clearly established that the
delay in payment was attributable to administrative reasons or lapses,
interest shall be paid at the rate applicable to General Provident Fund
amount 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.”
(ii) in sub-rule (2), for the words “administrative lapse”, the words “administrative reasons or lapse” shall be substituted;
(iii) in sub-rule (4),after the words “payment of gratuity”, the words “on account of administrative lapses.” shall be inserted;
(o) in the said rules, in rule 70, after sub-rule (1), the following sub-rule shall be inserted, namely:
“(1-A) The
question whether the revision has become necessary on account of a
clerical error or not shall be decided by the administrative Ministry or
Department.”
(p) in the said rules, in rule 72, –
(i) in sub-rule (1), for the words “eight months before the date of retirement of the allottee”, the words, “within two months” shall be substituted;
(ii) in sub-rule (4), the words “of four months” shall be omitted;
(q) in the said
rules, in rule 73, for the words “the dues two years before”, the words
“the dues one year before” shall be substituted.
(r) in the said rules, in rule 77, for sub-rule (3), the following sub-rule shall be substituted, namely:-
“(3) Where the family of the deceased Government servant is eligible
under rule 54 for family pension, the Head of Office shall address the
eligible member of the family or the guardian, as the case may be, in
Form 13 for making claim in Form 14.”
(s) in the said rules, in rule 80,–
(i) for the words
and figures “items 22, 23, 24, 25 and 26” wherever they occur, the
words and figures “items 14, 21 and 22” shall be substituted;
(ii) sub-rule (3) shall be omitted;
(t) in the said
rules, in rule 80A, in sub-rule (5), in the proviso, for the words and
brackets “two hundred and fifty rupees (inclusive of relief on family
pension)”, the words “three thousand five hundred rupees and admissible
dearness relief” shall be substituted;
in the said rules, in rule 80B, –
(i) in the marginal heading, for the words “final pension”, the words “final family pension” shall be substituted;
(ii) after sub-rule (2), the following sub-rules shall be inserted, namely:
“(2-A) The
Accounts Officer shall, while authorising the family pension for the
first eligible member of the family, indicate the names of the
permanently disabled child or children and dependent parents and
disabled siblings as family pensioners in the Pension Payment Order, if
there is no other member of family to whom family pension may become
payable before such disabled child or children or dependent parents or
disabled siblings.”
(iii) sub-rule (5) shall be omitted;
(iv) in sub-rule (6), for the words “final pension”, the words “final family pension” shall be substituted;
(v) in the said rules, in rule 80C, in sub-rule (1), –
(i) in clause
(i), in sub-clause (g), for the words “ the permissible period of four
months from the date of death of the Government servant”, the words “the
permissible period thereafter,” shall be substituted;
(ii) after clause (viii), the following clause shall be inserted, namely:-.
“(ix) Any amount
of licence fee or damages, remaining unpaid after adjustment from the
withheld amount of gratuity, may be ordered to be recovered by the Head
of Office through the Accounts Officer concerned from the dearness
relief without the consent of the family pensioner and in such cases no
dearness relief shall be disbursed until full recovery of such dues has
been made.”;
(w) in the said rules, for rule 81, the following rule shall be substituted, namely:
“81. Sanction of
family pension and residuary gratuity on the death of a pensioner or
family pensioner. – (1) Where the Head of Office has received an
intimation regarding the death of a pensioner or death or ineligibility
of a family pensioner, he shall ascertain whether any family pension or
residuary gratuity or both in respect of the deceased pensioner and any
family pension in respect of the family pensioner are payable and
proceed as hereinafter provided.
(2) (a) (i) If the deceased pensioner is survived by a widow or widower
who is eligible for the grant of family pension under rule 54, the
amount of family pension 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) The Pension Disbursing Authority shall, on receipt of a claim in
Form 14 from the widow or widower, authorise the payment of family
pension to the widow or widower, as the case may be:
Provided that no
claim in Form 14 shall be required if the widow or widower was holding a
joint account with the pensioner in which pension was being credited.
(iii) The Pension
Disbursing Authority shall authorise payment of family pension to the
widow or widower, who is not required to submit Form 14, on receipt of
information in writing of the death of the pensioner:
Provided that
such widow or widower shall submit a copy of death certificate to the
Pension Disbursing Authority and an undertaking to the effect that any
amount to which he or she is not entitled to or any amount which may be
credited to his or her account in excess of the amount to which he or
she is entitled would be refunded or made good.
(v) Subject to
the provisions of clause (b), if the deceased pensioner is survived by a
permanently disabled child or children or dependent parents or disabled
siblings whose names have been included in the Pension Payment Order as
family pensioners under clause (d) of sub-rule (1) of rule 65, the
Pension Disbursing Authority shall, on receipt of a claim in Form 14,
authorise payment of family pension to the member of family who is
eligible to receive family pension in accordance with the provisions of
rule 54.
(vi) Where the deceased pensioner is survived by spouse and permanently
disabled children or dependent parents or disabled siblings, whose names
had not been included in the Pension Payment Order previously, the
Accounts Officer shall include their names in the Pension Payment Order
on receipt of a written communication from the Head of Office.
(vi) The Pension
Disbursing Authority shall, on death or ineligibility of the family
pensioner and on receipt of a claim in Form 14, authorise payment of
family pension to a permanently disabled child or dependent parent or
disabled sibling whose name has been included in the Pension Payment
Order as family pensioner and who is eligible to receive family pension
in accordance with the provisions of rule 54.
(b) (i) Where the Pension Payment Order does not include name of any
member of the family or where the Head of Office is of the opinion that
in accordance with the provisions of rule 54, the family pension in
respect of the deceased pensioner or family pensioner has become payable
to a member of the family other than those whose names have been
included in the Pension Payment Order under sub-rule (1) of rule 65 or
sub-clause (i) or sub-clause (iv) of clause (a), including a person who
became member of the family of the pensioner after the retirement, he
shall, on receipt of a claim in Form 14, sanction the family pension in
Form 20 or Form 21, as the case may be, to such member of family to whom
family pension has become payable.
(ii) If family
pension is sanctioned under sub-clause (i), the Head of Office shall
include the names of any permanently disabled child or children and
dependent parents and disabled siblings as family pensioners if there is
no other member of the family to whom family pension may become payable
before such disabled child or children or dependent parents or disabled
siblings.
(3) (i) Where a widow or widower in receipt of family pension remarries
and has, at the time of remarriage, child or children from the deceased
Government servant or pensioner who is or are eligible for family
pension, the remarried individual shall be eligible to draw the family
pension 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 clause (i), the remarried individuals shall apply to the
Head of Office in Form 14, along with a declaration that the applicant
continues to be the guardian of such child or children.
(iii) If the remarried individual has, for any reason, ceased to be the
guardian of such child or children, the family pension shall become
payable to the person entitled to act as guardian of such child or
children under any law for the time being in force and such person may
submit a claim in Form 14 to the Head of Office for the payment of
family pension.
(4) If the person
eligible for family pension is a minor or is suffering from any
disorder or disability of mind or is mentally retarded, the guardian may
submit a claim in Form 14 on behalf of such person.
(5) 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."
(x) in Form 5,
for the words "eight months before the date of his retirement" the words
"six months before the date of retirement" shall be substituted;
(y) in Form 14,
(i) for the marginal heading, the following marginal heading shall be substituted, namely:
"Form of
application for family pension on death of a Government servant or
pensioner or on death or ineligibility of a family pensioner"
(ii) for sub-item (iv) of item 1, the following shall be substituted, namely:-
"(iv) Date of death of Government servant/pensioner! date of death or ineligibility of family pensioner."
[F.No.1119/ 2013-P&PW (E)]
sd/-
(Vandana Sharma)
Joint Secretary
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