- R~gistered No.-768/97 ~ THE ·ASSAM GAZETTE ~~ct EXTRAORDINARY ~~~~~m~ PUBLISHED BY THE AUTHORITY ";":f~ 290 Nxf1<1, ~~. 15 \5lC~t<l<\1, 2015, 23 ~";":f, 1937 XJ<!S No. 290 Dispur, Thursday, 15th October, 2015, 23rd Asvina, 1937 (S.E.)
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GOVERNMENT OF ASSAM '· ORDERSBYTHEGOVERNOR GUWAHATI MUNICIPAL CORPORATION GUWAI-IATI NOTIF!CATION / The 18th September, 20 15 THE GUWAHATI MUNICIPAL CORPORATION EMPLOYEES (PENSION) • REGULATION, 2015 No. GMC/FA/4/201111. -In exercise of the powers conferred by Section 74 (1) (c) of the Guwahati Municipal Corporation Act, 1971 the Guwahati Municipal Corporation is pleased to frame the fo llowing regulations relating to payment of pension to the employees of the Guwahati Municipal Corporation, namely 1384 ,ASSAM GAZETIE EXTRAORDINARY OCTOBER 15 2015 , TH GUWAHATI MUNICIPAL CORPORATION EMPLOYEES (PENSION) I I I REGULATION, 2015 ....
CHAPTER I SHORT TITLE AND COMMENCEMENT l - t I. These regulations may be called the Guwabafi Municipal Corporation Employees (Pension) Regulations, iot5.
2. They shall be deemed to have come into force on the 151 day of January, 1996.
APPLICATIONS
3. These regulations shall be applicable to all regular employees of GJJWahati Municipal Corporation who were in service on or after 1.1.1996 and members of the Contributory Provident Fund. But those appointed after 01.02.2005 shall not be covered by these regulations.
4. These regulations will not apply to employees joining service on or aft~r 1.2.2005 to whom the New Defined Contribution Pension Scherhe, 2009 will apply.
5. The Existing employees shall' liave to exercise their option whether to continue under the present Contributory Provident fund Scheme or like to join the Pension Scheme. The existing employees shall 'exercise their option in writing in Form No.8 within · 60(sixty) days from notification.
6. In order to be eligible for pension scheme, the employee will have to refund the I Contribution part (50% of credit in CPF A/C) with interest.
DEFINITION
7. (1) Local Fund- The expression."Local Fund'' denotes-
(1) Revenue administered by bodies which by law or rule having force of law come under the control of Government whether in regard to the proceedings generally or to specific matters such as the sanctioning of their budgets, san~~ion to the creation or filling up of pkicplar appointments, the enactment of leave, pension or similar rul . d .) t .
es; an --------------·----------~ THE ASSAM GAZETTE EXTRAORDINARY, OCTOBER 15, 2015
(2) The revenues of anybody which may be specially notified as such.
(2) Act - Act means Guwahati Municipa! Corporation Act, 1971 .
(3) Form - Form means a fonn appended to these regulations.
(4) Pension - Pension includes Gratuity and D~ath cum Retirement Gratuity.
(5) Service - Servtce means regular Service under Guwahati Municipal Corporation.
(6) Qu~Hfying Ser-,ice - Qualifying service means service render~d while on duty or otherwise which shall be taken into account for the purpose of pension and gratuities.
(7) Employee -- Employee means regular employee ofGuwahati Municipal Corporation. ·
(8) Eligible Employee - Eligible Employee means an employee who returned contribution part (50% of CPF).
(9) Existing Employee- Existing Employee means employees who are at present on roll of Guwahati Municipal Corporation.
(IO)CPF- CPF means Contributory Provident Fund admissible under Model ContributOJ y Provident Fund (Municipal Service Rules) 1962.
(l l)Corporation -· Corporation means Guwahati Municipal Corporation (G.M.C.)., Guwahati. ·
(12)Commissioner- Commissioner means Commissioner ofGuwahati Municipal Corporation.
(13)1lension f'unu - Pension Fund means Fund constituted under Regulation No 8 to be used for 1he sole purpose of payment of pension. to eligible Guwahati Municipal Corporation employees.
(14 )General Council - General Council means General Council of elected Councillors of Guwahati Municipal Corporat·ion.
(15)Family will include following relatives of Emplo:yees :
(a) Wife in the case of male employee.
(b) Husband in the case of female employee.
(c) Minor sons, and
(d) Unmarried minor daughter.
(16)Gratuity mel!lns gratuity granted in lieu of Pension to eligible Employees wh~ have rendered service less than 1 O(ten) years of qu alifying se!'Vicc.
(l7)Family Pension means Pension Granted under Regulation No 55.
( 18)Service Book means recording of Service of an employee including Service Roll.
(19)Pension Disbursing authority means:-
(a) Branch of State Bank of India or
(b) Commissioner, Guwahati Municipal Corporation.
(20)Pensionable service means regular C0!1linuou~ :;ervice under Guwahati Municipal Corporiui,Jn a~c! paid t ;am Mu!1icipal F•.md.
(21 )Employer means Guwahati Municipal Corporation.
1385 Word and expression used and not defined in these Regulations but defined under the Act shall have the same meaning respectively assigned to them in the Act.
(22) GMC means Guwahati Municipal Corporation.
(23)ASFC means Assam State Finance Commission .
. (24)S~tvice means service under Guwahati Municipal Corporation.
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CHAPTER II ..
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8. Con titution of Pension Fund e Corporation shall constitute a Fund to be called Guwahati Municipal Corporation Emplo ees Pension Fund to be l?dged in the State Banf of India, Guwahati (Panbazar) Branch~'n a Saving Bank A/C.
e contribution p,art of CPF when refunded as well asrthe 'one time grant of Rs. 75.00 crore t be provided by State Government over a period of five years in 5 annual installments of Rs. ~ 5.00 crore each starting from financial year 2015-16 will be deposited in the Fund which will be used for the sole ·purpose of payment of' pension to eligible employees of Guwahati Municipal Corporation.
J, Finance Department will not bear any other .liability in future fe>r contribution to pensio fund as per GMC regulation. This will be one time ~rant only as it will be provided from tate own non-plan resources. The· grants/period of 41 ASFC has already expired on 311031~0 I 5.
I All moneys payable to the credit of Pension Fund shall be forthwith paid into State Bank 0f India.
The money from time to time credited to the Pension Fund shall ,be applied towards payment of all sums, charges and costs necessary for carrying out the purpose of pension of the Guwahati Municipal Gorporation.
No payment shall be made by the State Bank oflndia out of the Pension Fund except upon a cheque signed by the Commissioner, and the Chief Accounts and Audit Officer, . ' Ouwe,hati Municipal Corporation. . · Tht:: Chief Accounts and Audit Officer, Guwahati Municipal Corporation will maintain the re~ords of accounts, sanctioning and disbursemet;1t of pension to retired/expired ·employees. r,, GNERAL RULES I •
9. Future good conduct is an ip1plied condition of every grant of a pension :
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The Commissioner reserves to himself the right of withholding or withdrawing' a pension or any part of it, if the pensioner be co~victed of serious crime qr be gpilty 9f grave misconduct.
NOTE 1 - Active support or advocacy of any political •movement, the professed object of which is the subversion of the Government established by hiw, constitutes grave misconduct within the meaning of this P regulation.
NOTE 2 - - The fctilure or refusal of a ,pensioner to pay any amount owed by him to Corporatioh \s 'not 'miscbnduct" within the meaning otl this regulat ion. ' · r '
10. Recovery of loss to the Corporation:
A claim may become known and the question of making recovery may arise-
(a) When the,ca)culation of pension is bein~.m~de and befo'rt! the pension is actually sanction, or .
(b) A'fter the pension has b~en sanctioned. · The claim and the recovery may be one or other of the following :
(1) Recovery as a punit ive measure in order .to make good loss caused to the Corporation as a result of negligence or• fraud on the part of the person concerned while he was in service.
(2) . Recovery .of other Corporation dues such~ over drawal of pay, allowahces or leave salary~ or. admitted or obvious dues 1such as house-rent, outstanding motor-car, house building, travelling allowance or other advances.
Recovery of non-Corporation dues.
Tl-fE ASSAM GAZETI'E EXTRAORDINARY, OCTOBER 15, 2015 1387 vV @ . IA .cases falling Wlder {a) above, ~one of the· recoveries mei7ti6neO. jii (1) to (3) -ll!bove may be effected by ·a reduction of the pens~on about to be sanctioned except- . . .
(i) in the circumstances ·contemplated· in · regulation 12 .and regulation 4"6.
when an offker's service can .be held to have been .. not tb:orou.ghly satisfactory, a reduction in the amount of pension may ·be made under regulation 46 by Commis~ion.er. · · · ' · : · .
(ii) when the pensioner by a request made or consent gl.Ven has .agreed that the recovery may be made. . . . . .
In case falling "L?.nder (b) above also none of the · recovenes d;escnbed m clause$ . (1) to (3) may be effected by .deduct:ion from a p~sion ru;eady sanctioned except at the r~quest 0~ with the expr~~S con.sent of the p~nSloner I or in th,e circilmstances'mentioned in regulation 1~ .
NOTE 3. - Recovery of all Corporatipn dues from the death-cu17t-reti.rement gratuity or any other types of gratuity. due in respect of an emplqyee r?ay be n:ade without obtaining his consent or the consent of the members of ~s family:
FProvid~d that, in case of death of a employee while in. service, the death cum-retirement gratuity du~ to the fiunily shall not be ac:ljuste~ against Government dues if. the sum total payable to the family on account of death-cu.m-retirement gratui~, provident fund and group insurance is Rs.
1.00 lakh or less. In the event, the sum total ·exceeds Rs. 1.00 lakh, the amount in excess of Rs. 1.00 lakh will be acljusted with Corpo·ration dues to the extent of the· death-cum-retirement gratuitY, payable to the family .)
11. RigJlt of Employer to withhold 01: withdzaw Pension The c;orru:Iussioner reserves to himself the right qf wi.thhol~g or withdrawing a. pension or any part of. it, whe~er permanently or for a specified ·period and the nght of ordering the recovery from a pension of the whole or PC!rt of any pecuniary loss caused · to Corporation, if, in a departmental or judicial proceeding, ~e pensioner is found guilty of grave misconduct ·or· negligence durW:g .the period of h is service, including service rendered upon re-employment aft!!.r retirement provided that- · . · ·
(a) sue~ departmental proceeding, ·if· instituted .while th.e employee was in service, whether before his retir~ment or ·during his re-employment, shall, after the final retireiD:ent qf the employee, be deemed to be a proceeding U_r:lder this regulation and .shall be continuecl and conclu4ed by the authority by which it was ·commenced in the .same manner as if the employee h ad continued in service; . . . ·· . [Explanation- The continuation of the proceeding after t):l.e final r~tirement of the employe~ shall be a~totnatic under sub~ regulation (a) of Regulation 12 and no fi;esh decision of the Commissioner nor any show-cause notice to the person concerned shall be necessary.
The powers under regulation 11 shall be exerciseable not only in. · case of causing pecuniary loss to Corporation but cilso in all ot:J:ler cases];
(b) sue~ departmental}>roceecijng, ·u not institut~d while the. employee was in . serv1ce, whether before his retiremen~ or during his re~employment- {z) · shall not be instituted save with the sanction of the Cori:unissioner
(ii) shall not lDe in respect of any event. which . took :place mqre. than 4. years .
·before such institution; and · 1388 I lliE ASSAM GAZETTE EXTRAORDINA _RY, OCTOBER 15, 2015 iii) ha;ll_ be condu~ted by such authority and in Sl..J~h plflce a~:> the CoEssi6nerr may 'direct and in accordance ·with pvocec:J.ure applicable to departmental proce<:fdings in which an order of dismissal ·fnolll' setv:i.ce could be fuade in relation to the «mplJyee during his service; -:, ;..
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Explanation- For the purpose of this regUlation - .
(a) a ~~partmental pro.ceeding shall be deemeq toJbe instituted on the date on wl,ltich the statement of charges is issued to the employee or pensioner , or if P:e employee has been placed under suspension from an earll.er dat1, on such qate; and
(p) a audicial proceeding shall be deemed to be instituted-
(i) in the case of a crimin~ procee~g. on the date on which the complaint or report of police officer, on which the Magistrate takes cognizance, is made, and .
(ii) in the case of a 1 civil proceeding, on the date of presentation ,of the plaint in the Courr:. · 1 NOT~ ·1- This applies also to recoveries from death-cum-retirement! gratuity anrl I family pension sanctioned I NOTE 2 - In a c~~~·. in, which a pension as such is not withheld or withCirawn but the amount of any pecuniary loss caused to Corporation is brdered to be r:ecovereSI rrom the pension, the recovery should not ordinanly be made at a rate exceeding one-third of the gross pension originally sanctioned.
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12. (1) Where any departmental or judicial proceeding is instituted under regulation 11 or where a departmental proceeding is continued under clause (a) of the provisqTthere1:$> against Qn e~ployee who has retired on compulsory re~rem~nt or .otherwise, he ,.shall ) be paid during the- period. commencing from the aate I follo~g the date •of retirement to the date ·on which upon conclusion of such proceeding, final orders are passed, a provisional pension not excee'ding' the maximum pension whiCh would have been admissible on the basis o'f- his q'l,lalifying service upto the date of retirement, or if he was under suspension on the date o{ retirement, upto the date immediately preceding the date on which he was placed under suspension; but no gratuity or death-cum-retirement gr'atuity shall be paid ~o .hfm until the conclusion of such proc;:~eding and the issue of final orders thereon. '
(2) . f?a~ent of pro~isio'nal pension made under 'clause (1) shall be adjuste2- against th~"fibat retirem~ne benefits sanctioned to such employee upon conclusion of the aforesaid proceeding but no recovery shall be made wher:e the pension finally sanctioned is less than the provisional pension or the pens.ion is redticed or withheld either permanently or for a · specified period. · · NOTE 1- THe' grant of pension \lnder this regulation shall not prejudice the operation of regulation when final pension is sanctioned upon conclusion ··on the proceeding. "" ; ..
.l CASES IN WHICH CLAIMS ARE INADMISSIBLE
13. No ~laim for pension 'shall be admitted- '•"' (Q:) - When an employ,;ee is appointed for a limited time enly or- for a "' specified duty, on the completion of which he is to be discharged.
~ - THE ASSAM GAZEITE EXTRAORDINARY, OCTOBER 15, 2015 1389 MISCONDUCT OR INEFFICIENCY
14. No pension m ay be granted to an employee dismissed or rep1.oved for misconduct, insolvency or inefficiency; but to employee so dismissed or r emoved compassionate allowances or I and land compassionate gratuity may be granted when they are deserving of special consideration; provided that the allowance/ gratuity ~ranted to any employee shall not exceed two-thirds of t he pension/ gratuity which would have been admissible to him if h e had retired on medical certificate .
NOTE - Dco.th -Cum-Retirernent gratui ty or family pension under regulation 53 & 55 may not also similarly be granted if the employee is so dismissed or removed. Compassionate grants may howevt:r be made u nder these regulation in accordance with above principle and s •1bject to same conditions.
COMPULSORY RET':REMENT AS A PENALTY
15. An employee compulsorily retired from service::, as a penalty, may be granted by the Commissioner pension at a rate not less than two-thirds and nol more than full invalid pension, tf any admissible to him on the date of his compulsory retirement.
CLAIMS OF WIDOW
16. {a) It being the duty of every Corporation employee himself to provide for his family, the Corporation recogniZes no claim save as provided in the regulation, by a widow on account of the services of her husband.
{b) The submission of such claims, is disapproved, q.s calculated only to give rise to h opes which cannot be fulfilled.
NOTE 1- Immediate relief in the family of Group 0 Employees : The Commissioner may sanclion to the families of Group D em ployees whether permanent or lemporary employee (excluding the mer .. ot!rs of the casu al establishment lind daily mted staff) who had rendered not less than three years' continuous l:lervice and who d ied while in service (whether on duty or on leave with or without pay) an advance equal to two months' pay subject to a m aximum of Rs. 10,000.00 (Rupt:es ten thousand) only if in the opinion of the ~-- 1390 THE ASSAM GAZETTE EXTRAORDINARY, OCTOBER 15, 2015 1 I
17.
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, 1-1 • <> I .. C mmissioner the f~ly concerned has been' left in indigent circumstances upon the df th of the employees' on whom it waS depend3?t and is in imm'ediate need of fir ciaJ 8SSiS~ailye. 1 . Payment of the advance should be ~ad~ in the same manner and to the person orl persons eligible or would have been 1eligi~t~ to receive the death-cum-retirement . gr~tuity,. Th~ advan9e will be adjusted against final death~cum~retirement- gratuity when sanctioned. . • LIMITATION a) An employee cannot earn two pensions in the same office at the same time, or by th same continuous service. ' ' b) l Two employees may not simultaneously count service in respect of the same office.
EXPLANATION 1.· An employee who having retired on superann"Qation pension is •-' ' • J I ' .
. : J · ~ supsequefltlY re-employed shall not be entitled to a separate pension or gratuity for the period of his re~employment.
2. Under F.R. 12(a), two or more employee cannot be appointed substantively to the same permanent post at the same time .
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' ' l • I, .\. I I THE ASSAM GAZETTE EXTRAORDINARY, OCTOBER 15, 2015 CHA.,TERIII GENERAL 1CONDITIONS OF CLAIM OF PENSION BEGINNING OF SERVICE 1391
18. (a) An employee ' s service does not qualify till he has completed eighteen years of age.
(IS) l:n other cases, the service of every employee begins when he takes charge of the office to which he is first appointed.
CONDITIONS OF QUALIFYING 'SERVI.CE
19. The tservice of an employee does not qualify for pension unless it conforms to the following three conditions - Firstly, the service must be under the Corporation.
Secondiy, the employment must be substantive and permanent;
Thirdly, the service must be paid by the Corporation.
FIRST CONDITION SERVICE UNDF.R CORPORATION
20. The service of an employee does not qualify unless he is appointed and his duties and pay are regulated by the Corporation.
SECOND CONDITION
21. Service does not qualify unless the employee holds a substantive office on a permanent establishment :
Provided that continuous temporary or officiating service under the Corporation, followed without interruption by confirmation in the same or any other post, shall count in full as qualifying service except in respect of -
(a) Periods of temporary m· officiating service in non-pensionable establishment, and
(b) Periods of service paid from contingencies.
APPRENTICES AND PROBATIONER
22. Service as an apprentice does·not qualify for pension.
23. The service of "'l probationer qualifies; so does that of an employee who is on probation for an office provided that the employee is appointed substantively on completion of the period of probation.
PERMANENT EMPLOYEE DEPUTED '
24. An employee on a permanent establishment detached on duty in a temporary post, on the understanding that, when the temporary duty ceases he will return to the permanent establishment, counts his detached service in respect of hi s permanent appointment .
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' 1392 THE ASSAM GAZETTE EXTRAORDINARY OCTOBER 15 '2015 NOTE· _A person who has rendered service partly in ter_nporary establ ishment and partly in pcr,rnaiJ.~n~ establish~~I}~ totaling iD: aU 2,5 Y!!ars or more will be eligible for pension.
I THIRD·CONDITION REMUNERATION
25. Service paid from the Municipal Fund qualifies.
NOTE: The following are not in pensionable service-
(i) Employees who a re paid for work done for . Corporation bu~ whose whole time is not retained for the public service. :
(ii) Employees who are paid from a contract grant. whether such grnnt is a fixed a .mount or consists of fees.
PERIODS OF LEAVE
26. All periods of leave with allowances shall coun t as service.
N011E: (n lhe following circum stances, extraordinary leave should be, allowed to count for pension, n a mely-
(i) if the extraord inary leave is taken on medical ground; . 1 . •
(ii) if it is ta.ken due to inability 9f the person to join or r e-j01n d1:1ty due to C1vtl Commotion or natural calamity ; provided he has no other type of leave: to his c r edit;
{iii) if il is taken for prosecution of h igher Scientific and Technical Studies.
27. An e mployee required to attend a departmental examination , optional or compu lsory for promotio n within the normal scope of the employe<;'s , department o r office, shall be treated as on duty qualifying for pen sion during a reasonable lime required for the j ourney to and from the place of examina tion and on the day or days o f the examination.
28 . An employee who h as been appointed to a post o.r to a c adre, shall be treated as on duty qualifying for pension during any course of instruct io n or training which he m ay be :required or permit ted to undergo in accordance with the terms of a n y general or special order s and during the time reasona bJy required for the journeys to and fr o m the place of instruction or training.
,:Explanation- In estinuiting the 'time reasonably required for the journey' ·Commissioner m ay, .when neces~ary, allow time for preparation upto a limit of six days bul should not, ordinarily .do so in c ase w h ere th e course of instru·ction lasts for less than six months. ,- -
29. Study Leave when admissible shall co~nt as service for ' pension .
30.
SUSPENSION, RESIGNATIONS, BREAKS IN SERVICE I' PERIOD OF SUSPENSION Perjod s pemt •on suspension penclip.g enquiry into conduct counts in full where,: ..•. on conclusion of the enquiry, the employee h as been fully exonerated or the suspension is held t o have been wh~lly unjustified; in oth e r cases, the period of Sl,lsp ension does not cou nt unless the a uthority competent to pass, orders under Fundcune¢al. Rule ·54 expressly declares at the time that it shall count; and then it shall count only to such extent as the competent authority may qeclare. , .
NOTE- Where the period of suspen sion is converted in to one of leave il shall count for pension to the extent such leavc would normally coun t.
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___ THE /\.~_SAM G_!\ZEJJ.~E _t:XJ'RAORDlNARY, OCTOBER 1_5, ~Q_l5 1393 RESIGNATION AND DISMISSAL
31. (a) Resignation from the public service, o r dismissal or removal from it for misconduc t , insolvency , inefficiency not due to age, or fai lure to pass a prescribed examination entai ls forfeiture of pas t service .
(b) Resignation o f an a ppointment v.r:ith the prior written permission of the app ointing author ity to take 1.1! another appointment, servtce in which count~. is not r es ignat ion of the public service.
In ca~;;cs where an interruption in service is inevitable due to t he two appointments being a t different stations, such interruptions, not exceeding 1 h e joining time permissiblf! u nder the rules on transfer, shall be covered by grant o f leave of any kind due on the date o f relief or by formal condonation under n~le to the extent to which the period is not cover ed by leave.
32. (a) An employee who is dismissed, removed or compulsorily r etired from public service, but is reinstated on appeal o r revision i s e ntitled to count his past service.
(b) The per iod of break in service between tl11~ date of dismissal, removal or co mpulsory n~tirement , as the c ase may be, and the date of re-in s tatement and the period of s uspension (if any) shall not count unless regularised ·as ctu ty or leave b y a specific order of the autholity which passed the order of re - ins tatement ; provided thr~t the peri.od of suspension converted into one of leave shal l count for pen s ion to the extent such leave would count.
INTERRUPTIONS
33. In terruption in the service of 8!1 employee en tails forfeiture of his pasi.
service e xcept in the following cas.es-
(a) Authorized ienve of absence.
(h) Unauthorized absence in continuation of authorized leave o f absence so long as the office o f the absentee is not substantively filled; if his offtc:e is substantively filled. th e past service m· the absentee is forfeited.
(c) Suspen s ion immediately followed by reinstatemen t, which need not be to the same office or where the employe'! dies or is permitted to retire or is r et ired while under suspension.
(d) Abo l1tion of office or loss of appoiJltment owing to redu ction of <·stablishmenL.
NOTE - The above cl;:!Use (d) applies only in case of nholi t iPn of pNrnanent office or loss of permanent appointmenr.
e) Trcm::;fer to non .. qualifying service in an establishment under Corporation's control. T h e transfer must be made by competent au thority;
<::m officer w h o voluntarily resigns qualifying service cannot claim the b e nefit of this exception. Transfer to a grant- in-aid scbool entails forfeiture.
(f) Time occupied in transit from o n e appointment t o another, provided that the employee is transferred under th~ o rders o f competer..t authori ty v.r:ith the consen t of the head of his o ld office .
3 4 . The author·ity who sanctions the pension m ay commute retrospectively periods o f abse n ce without leave into leave without allowances.
CONDQ_N~TION OF INTERRQ.PTION AND DEFICIENCIS
35. (1) Upon s u c h condition s as it may Lh,nk fit in each case to impose, t.h e General Council may condone a ll in1erruptio n s in lhe service of an employee . ·
(2) Upon such conditions as they may thi u k fit in each case lo impose , the ' general council may condone a deficiency hOt exceeding t welvc months in t h e qualii)ring service nf an e mployee.
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1394 THE ASSAM GAZETTE EXTRAORDINARY OCTOBER 15 2015
36.
CHAPTER IV .
I, .
' CLASSIFICATION OF PENSIONS Pensions are divl.ded into four classes
(a) Compensi:Ition Pension
(b) Invalid Pension
(c) Superru;.ltuation Pension
(d) Retiring Pension ,• COMPENSATION PENSION ..
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37. If an employee i.s selected for ·discharge owing to the abolition of a permanent Bost, he shall, unless he is appointed to another post the conditions of which ye deemed by the authority competent to discharge him to be at least equal to those of his own, have the option- ( a} of taking any compensation pension or gratuity to whibJ;l he may be ' entitled for the service he has already rendered, or '
(b) of accepting another appointmept or transfer to another establishment even on a lower pay, if offered, and continuing to count his previous service for pension.
INVALID PENSION . ' 38. An invalid pension is awarded, on his retirement from the public service, to an employee who by bodily or mental infirmity is permanently incapacitated for the public service or for the particulru· branch of it to which he belongs on production of medical certificate from Medical Board.
I SUPERANNUATION PENSION
39. Superannuation pension is granted to an employee entitled or compelled, by rule, ·to retire at a particular age.
40. a) Except where a separate date is laid down for particular class of employee, the date of compulsory retirement of Corporation employees in service shall . be the date as laid down in Fundamental Rule 56.
41.
(b) No claim to compensation froin an employee who is required to retire under the provisions of this 'regulation ·will be entertained.
PROCEDURE With a view to ensure completion of pension records and documents in time to avoid the possibility of any delay in the commencement of pension, the Commissioner shall have a superannuation statement prepared on the 1st of Janu ary in each year showing a list of all employees, who will attain the age of superannuation in course of the next calendar year, i.e. between 1st January to 31st December of next year. As soon as the list is prepared an intimation should be sent to every such employee due to retire during .' the next year drawing his attention to his antiGipated date of retirement _and the provisions of regulation to enabl~ him to make a fqnnal application ~~~----------------~------~~-----=~~=====~==== Ul ------------------------------~----------- ..
~--THE ASS/\M GA~}2Tl'L~ f;X}~O~INA~Y, QCTOBER 15, 20 15 1395 for pens ion one year in advance of the date of h is anticipated retirement. If no intimatio n is however issu~d to th e em ployee this shall not in any way chan ge hi s date of retirem ent and s hall not con fer on the employee an v right to n .!IT' :u n in service beyon d th e date on .which h e is required to r etire 4 2 . Simplification procedure with a view to eliminating the delays in the payme nt o f supcrannua~ion pension and death-cum-retirement gratuity.
1. Time table for the work Thr: payment o:· superannuation pension s should in all cases com mence of the first day o f the month in whic h th ey arc due. For this purpo:;e the head of office responsihlc fur ~nd con nected with pension cases, m cluding those respons.ible for the issuing pensio n payment orders, wi!l be required to obRerve tht' fo llowi ng time schedule for th e various processes leading t.o th e au tho rization a nd payment of pension a n d gratuity. The Corporation's intention is that whi le the pre liminary and preparatory work should be commenced sufficiently in advance and a dequate time allowed in various s tages a n d processes of work, these should not be allowed to be unduly prolonged or to become inter mi nablf' , to obvia te this cu t-off da les as prescribed for each stage so that whe n a cut o ff date is renched t he work will then necessarily proceed to the next stage:
(a) The !lead or o ffice or other a uthor ity responsible fo r prepi:lring the pension papers will iniUatc the pension case two years befQre the date of retirement of th e employee. At thi s stage , the work will be essent ially that of assembling the infOJ·ma tion neccssa:-y fo r working out the qualify ing ser vice (or at a later date c;,.lculation of average e molum ;;nts ). As most delay in pc n!':ion cases arise frc,m gap~. deficiencies and imperfection in the service book/records, every e ffo r t should be made at this stage to remove the.se w h ile a t same time keeping in mi nd that what is intended is n o \ a total overhaul or audit of the entire service book or rt:cords but only a scrutiny lim ited to the imm edia te purpose on h a nd n a m <.>ly, the p reparation of the pension papers . This proces~ should be completed in good time nt any •·ate n o t l~tr::r rhan 8 rnont11s Jn a<ivance o f th e elate of r e tirement of the employ ee.
(b) On reac h in g t he above stuge i.e., 8 months l.>efore the re tireme nt that tht! act 11al work o f p1 'eparation of p e nsion papers viz. the rec ko ning of qualifying service ond the ca lc u lation o f average e m oluments shou ld be taken up. Any defic iency or tmperfection o r omission which still r emains in the service records will be ignot·cct at this stage and th e deter mination of the qualify ing service will be procee<ied with o n th e basis of entries in the service records whatever t he degree of perfection to which it might have been p ossible to bring the m by that date.
(c:) The average emolument will be de termined with reference to e moluments dra wn cluring the last 10 complete months and not 36 mon ths as was the p ractice ht:rctoforc. While the period to he taken fo r average calculations has b~c::n reduced, the other provisions in rule 115 of t he Assam Services (Pen s ion) Ru les, 1969 will con tinue to apply mutatis mtltandis. This work involves not m ere!) an a rithmetical calcu lation of the average emoluments but a lso a check of the cor rectness of the emoluments on t!:::: firs t date o ( th e ten months period would n a.turally depend on tlle correc tness prior to t his datt:. However , any such check o f the conectness of the past emoluments wheth~r in the office prepa ring the peJJsion paper or tater in the offi.cc responsible fo•· issuing the payment order shoulct not become an occasiou for an extensive exa mination going back in to the distant past, the check s hould be the m;nimum whic h is absolutely necessary and it s h ou ld n o t in a n y case go back to a period earlier than a maximu m o l 24 months r reced in g the da te of retirement.
(r lJ The process o f dct ermining of qu a lifymg service a nd the averagt: emoluments and the ad rn:ssible pension and gra tuity should be positively co m pleted withm a per iod of two m onths a n d the pension papers should be: sent to the o ffice responsible for iss uing tht: pension payment order not later than 6 m onths btfore the dak o f retirement . That o ffict: will a fter the necessary scrutiny of the pnpers (limited ro the immediate purp ose on hand as mentioned in sub-Paragraph (a) 1396 THE ASSAM GAZETTE EXTRAORDIN 1Y, OCTOBER 15, 2015· ., (e.)
(j} 3 1 o ,(c) aboye) iss~e ,th,e pensio~ payment ovd~ including the '?rder for t~e ~ y~e~t o~ th~ d.ea.,~-curn-retirerqent gratuity ot later th~ one 1.110nth m ~an~e pf !:4¢ dat,e :or retirement., .
Tpe time scfi.edule ,and procedures, mentioned a eve wilr equally apply mutatis nlutandis to those cases in which the office which i lo issue the pension payment order hfi.S also ,the responsibility for the prepar~tio_ of pension papers, In those cases in which the retirement of emptoyfe takes place earlier than the nprmal date of retir~ment either ln pursuance of qe provi.sion of F .. R. 56(b) or. (c) Of because of the permanent absorption of the employee m a pubhq urndertakmg if} terms of Rule 98 (i~ of the Assam Ser.vices (Pension) Rules, t 969 .the nature of thle retirement would precludes. advanced action in regard to the pension cases.
h such cases too, the pension case would have to be processed ·very,expeditiously and instruction in this regard will be issued separately.
2.
I .
Extraordinary Zea:ue and suspe..nsion: .
Ia) E~traordinary ler-.~.ve is allowed to .count for pensi~n if it is taken-·
(i) on rnedic·al certificate; or (i~~) due to ir1abili.ty of the person to join or re-join duty due .to ci~il commotion or,natural calamity; or
(iti) for- pros•ecution of higher scientific and technical studies.
I ' Extraordina.ry leave taken on other grounds is treated as non-qualifying, and therefore, a definite entry is to be made in the service records to that effect. Entries regarding service being qualifying or otherwise are required to ·be made simultancr.msly with the even. Even where this is not done, it should still be possible '.:o rectify the omission during the period allowed for preparatory action i.e:, frorn two years in advance of the retireJnent date up to eight months before retiremr.mt. 'At the end of •the period, ·however (i.e., when the actual preparation of the pa-pers is taken in hand as taid down in Paragraph 2 (b) above) no furthet· t~nqui·ry into past events or check of past records should be undertaken. Specific entri.es in the services record regarding non-qualifying periods will b'e taken hote of an<1 • such periods excluded from the sen/ice. All spells of extra-ordinary leave not cm.rered' by such 'specific entries will be deemed to be quali1ying service.
, ,fb) ~>imilarly, in c~ses other than '"those in which suspension has been held to be '.vholly unjustified, the competent authority should at the appropriate time declare · \vJ;tether a nd to what extent t~e period of suspension will count towards the qLialifyfng service, SP,ecial entries in this regard in the service book/records wiJl be taken note of ~t the1 tim!'! of reckoning qualifying service. In the absence of any specific entt}.', period 0~ susp~nsion shal.l be . taken as cou nting towards the qualifyirlj~, serv~ce .
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3. Breaks in service: 1 In the' absence of specific indication to the contrary in the service records, an inte,rr~ptiun b.etween two: spells of service rendered under the Corporation will be treated as automatically condoned and the pre-interruption service treated a s qualifying service for pension, except where it is otherwise ·known that the interruption caused by 1 resigriation; dismissal or removal from . service or participation in strike. The period of interruption itself will under no circumstances b~ reckoned as qualifying service for pension. ' 4 . Deputation/Foreign Service:
(a) There are some cases in ·which 1in accordance · with ·the terms of deJ?utationjforeign-service, it is the responsibility and liability of the employee , hi~self to maintain the continuity of pensionable service by the payment of · pen$1on contributions. In such cases, it will be necessary to ascertain• whether the 11ecoveries have been made, before the period of foreign-service is reckoned as ~-------=------~--~----~-------=---=-----------=----==-------- / :=>') - -· - THE ASSAM GAZETTE EXTRAORDfNARY, OCTOBER 15, 20 15 1397 -- - - - - ------ - -·· --- -- -- ---- - qua lify111g ser'>ice . Howe-ver . the C'mplo.vee i~; sometimes put to conside rable ctifli r·u ltv because of defect1ve or incolllplete record maintenanr;e by the adm ini;t m.tivefaccounts o ffices. In such e<Jses. while he could be reasonably asked to show that he had indeed made tne contributions, the administrative auth or ity s ho uld show a spi.r it of reasonableness and accom modation in e:valuating and a ccepting s u c h evide n ce as he is ahle to put forward, a n d not insist rigidly on formal proof with reference to servic~ or account records for the m a intena nce of which the employee is not responsible.
(l>J Whne, however the responsibi lity fo r makin g pension contribu tion s is that of the bo rrol\'ing organ isa tion a nd where either· some of the contributions a re incomplete, whik t ll<' authurities con cerned s hould pursue the matter with t.hc borrowing orgRnisalion separat·ely for a ppropriat e action , this s h ould have n o b t:a ring on the pron~ ssing <:1:1d fin<:~li~ation of pension papers.
6. R i g ht to withho ld o r withd raw pensio n :
(<') Norhing c ontamed h e reinabove is intend ed to effect the p rovis ions or Hule 2 1 of the A. S. (Pe n s ion) RuleR, 1969 which provide fo r withholding or wit!Jclrawi n g of pn1.;;ion .
(b) \\' here ciepo~rlmenlal or judicial proceedings insti t ~11.ed during the serv ice of the I;:m p lo,ce a rc n ot like ly to the finalized by the date of retirement ;:~ ction to gm nl provisiOn a!. pension in terms of rule 22 (I) and (2) should be laken. The provi sion o f Paragrc1ph 7(b) below \.Vill nol apply !tel provisional pens ions granted in terms of :-uk '2?.( I\ and (2) of the Assam Services (P: :1sion) Rules, 1969.
(c) If afte r the pension papc n; have beeJl forwarded lo the otlice responsible for issuing the Per.sion Pa_yment Orde r in accurdonc<! with the provisions of Paragra ph 1 (b) <J\.>ovc any event occurs which has a bearing on the amount of pension admi~>sible, the fn.c t shall be prornptly reported to the office responsible for issuing th e P<~nsion a nd G ratuity Payme nt O rder .
7 . Payment of pro visi onal Pension and G rat u i ty:
(~~ If, for any special reasons it has no t been fo u nd po ssib le to complete a nd forward the pension papers for issuing the Pension Payment Order within the prescnhcd t ime sc hedule ;n ;-1 partic ula r case , or i1 til<~ pension pa 11cr s has heen rr.turned !"or el ic iting further information o r has n ot been able to issu e the Pension Payment Order before one month prior to the date of retiremen t, steps shall be take n by the Co mmissioner to authorize payment of provisional pension und gratuity by the firs t of the m onth in which it is du e. For this purpose, such information as is available in !.h e offic ial record may be used, a nd furlher the Commissio ne r should ask tht> rei iring e mployee for a simple statement. g iving b is total length of setvice from the clut<;· of retirement indicaling the perioct of breRks, if any and also the emoluments d rawn during lhe last ten months of service. The retiring employee may a lso be aslu::-d to certify th<.il th e fa~ts slated by him an~ correct to the best of his knowledge and be lie f. If complete information in reg.::.i·cl to the emoluments dJ·awn rluring the last te n mont!"'ls is not ava.i l<!-ble either with the Commission er or with the t'mployl:!c, the emol u m e n ts last d r.nvn should be ta ken provisional ly as ave rage e m o luments. The Com missioner shall sanction I 00 % of the pension calculalccJ \\' tlh rt:fen'ncc of the information s0 obtained, as a provisional p ension. The deatll r.'..un -retin;mcnt gratuity should s imila r ly be determined. The provisional pens ion n.nd gratuity will be drawn and d isbursed by the Commissioner in respecl of u o n -gazctted e mployee. Before ' dis~l rs ing the provisional gratuil.y, all known dues ~.uch as long term a dvances still outstanding overpayment of pay and allowances .
e tc a nd other recover ies due , shall be adjusted. Where no such adjustments a rc · dil l? . a deduction of I 0% of the grattJit,v o r Rs . 1,000.00 whichever is less, sha ll bt:
m ::trle partly to cover un -assessed dues, if any, and partly as a margin f01 actjusl ment in t he l ight o f the final determination of the gratuity.
;.h) Provisiona l pension to becomt: final after s ix months. The provisiona l pension is not in te nded to be continuer! on Fl provisional basis beyon d a period o f six month s 1398 THE ASSAM GAZETTE EXTRAOJINARY OCTOBER 15 2015 A·orn the date of r e tirement. If the office responsible for issuing the pension ~ aym. ent order ·has not finalized the pensi~n cas.e b~ that time, t.h~ p.rovisional ension · sha.U. be deemed to have become fmal and 1t will be obligat\)ry for the ffice concerned ton issue the final Pension Payment Order for the amount of f?ension and gratuity ':'I ready calculated on a ·prov~sional basis, and the deducti~n rpade from the gratuity as per •sub-Paragraph (a) above shall al.so be released subject to the provisions of Paragraphs 9 and ·10 below.
8. Last !Pay Certificate:
'lfhe issue of a Last Pay Certificate should not be insis ted upon befor~ the paym~nt dr provisional pension during the period of six months after the retirement wh1ch ~as been provided for various purpose above, it should be possible f?r the Head of Office or other office concerned to issue the Last Pay Certiftcate to a employee. The (lratuity Payment Order will in any case include a provision for withholding 10(!/o of the gratuity or Rs. 1,000.00 whichever is less, pending the production of the Last 1 'ay Certificate.
9 . Aqju tment of Cor~oration dues:
(a) Du es p er tain ing to Corporation accommodation- ! A "No Demand Certificate" duly issued by the Chief Audit · & Accounts 1 0fficer shall be submitted along with the pension papers and the adjustment of ldues pertaining to the continued occupati.cin of Corporation accommodation after retirement will for the present continue.
(b) Dues oU1er than those pertaining to Corporation accommodation:
In respect of other Corporation dues steps should be taken to ascertain or assess the outstanding dues when the processing of pension papers is taken up two years prior to the retirement d ate. As the next stage of the actb al preparation of pension papers is reached only after a year and four months, there' is ample ti)ne for <-~scertaining all kinds of Corporation dues. One that stage is reached i.e., eight months before the retirement of the employee, any further probin,g of records for recoveries due shall cover only a limited period i.e., no more than two years before the date of r.etir.ement. It should 'thus be quite possible for the H~ad of Office, or the office \'('hich is to issue .. th'e Pension Payment Order as the case may be, to ascert~n or ·assess all the· dues, particularly those peTtaining to ·long term advances such as. house-building or conveyance advance, over-payment ·of pay and allowances and such other dues, prior to the prescribed deadline for the issue of the pension payment-/gratuitY.- payment orders or provisional pension/gratuity order. The pension papers should clearly indicate the total amount of outstanding dues which should be recovered out ·of the death-cum-retirement gratuity before nuthorit-y for the paymemt of gratuity (whethe1· final or provisional) is issued, and if, after the pension papers have been ttransmitted 'tO' the office r~sponsible for issuing the pension pay.ment order, additional recoveries to be made from the gratuity come to notice, the fact · shall promptly reported to that office. In a case where no rnajor recoveries are d].le, but 10% of the gratuity or Rs. 1,000.00 has be~n withheld b ecC!-use there might be unassessed Corporation dues, or because the gratuity has qeen provisionally paid as per Paragraph '7 (a) above, or because Last Pay Certificatcr qas not been received (see Paragraph 8 above), the withheld amount shall automatically become payable on the expiry of six months after retirement.
· Trye I-~cad of office (or 1the office issuing the pension and gratuity or the ~nal Gratuity payment order) release the amount. of gratuity withheld and add further . t ha t the withheld amount shall be released by the office disbursing the pension with out ful·ther instr~ctions on the expiry of the period of six months from the date of retirement, unless for the recovery of a specified sum or sums from the withheld amount instructions are, issued within the aforesaid period.
10. Accountability of officers charged with the maintenance of recor4t~:
I.~· laking the above decisibn, Corporation have proceeded on the basis that in spite. of every effort 'imperfection may remain in the records and procedures but • I I THE ASSAM GAZETTE EXTRAORDINARY, OCTOBER 15, 2015 1399 that ~ould be unfair to a retiring employee if he had to suffer because of the lapses of thpse responsible for the proper maintenance of service record . The fact that under the new procedures the presumption will be in favour of the employee. if the records are incomplete or different in any manner underlines the importance of ensuhng the proper, regular and tirn~ly completipn of all the service flnd accounts records by · the offices ,.concerned, so as to minimize occasion for making such presumption. It has accordingly, been decided that if, in future, service records are foun<;i to be incomplete or imperfect at the time of processing and fmalizi.ng pension cases, those cases will not be delayed but the officials responsible for the maintenance of the records. wilt be held accountable for any deficiencies, failure or omissions therein, and action will be iQ.itiated against them. The Head of Department will ensure that the directions are complied with .
. , I·;
11. Monitoring and Reporting:
To keep an effective watch over: the preparation and finalization of pension papers, a. monitoring and reporting system will be introduced in the offices concerned.
Separate general orders will follow ilt this respect.
'I I RETIRING PENSION < ., 43 . A retiring pension is granted to an employee who is permitted to retire after completing qualifying service for thirty years or such less time as may for an.y special class of employees be prescribed.
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THE ASSAM GAZETIE EXTRAOJlNARY, OCTOBER 15, 2015 ;'t , 1400 ' CHAPTERV.
AMOUBT OJI' PENSION \ GBRBRAL RQLES !
. I
44. The amount of pension that may be granted is determined by length of service. Fractions of a·halfyear is not taken into account in the calculation of any pension ~dmissible to an employee.
ELJMINATION OF FRACTION
45. The amount of pension shan be expressed in whole rupees and where the pension calculated according to the rules contains a fraction of a rupee, it shall be roun~ed off t~ the neXt higher ~pee.
AWARD OF FULL PENSION
46. (a) The full' pension admissible under the rules is not to be given· as a matter of course unless the serVice rendered has been really approved.
(b)If the service of an employee· has· not been thoroughly satisfactory the authority sanctioning the pension should make such reduction in the amount. as it thinks proper.
Lll\OTATIONS
47. An employee entitled to pension may not take a gratuity instead of pension.
AMOUNT OF PEKSIOlf fi8. The amount of pension shall be regulated as follows- ~V (a) After a service of less. than ten years, a gratuity not exceeding (except in special cases,· and under the orders of the General Council upto a maximum .of 12 months' emOluments) one-half month's emolum~nts for each completed six monthly period of service. · b) The amount of pension of the Guwahati Municipal Corporation employees who· were retiring from service on or after 31at January, ~~-~6 shall be determined ~_§_Q_~ of last 10 months. average emoluments with a qualifying serVice of~years or more. For employees who :at Qle J..ime of retirement have rendered .... qualifying service of 10 years or more but less tlian 33 ye~~~ the amoiiiifO( "pension Will be proportionately less -tlian the ma.Xlmum admissible pension. The minimum · pension will "Qe Rs.
1225 and. the maximum· pension Rsc§QOO/-. · t\.L.~) Tfie amount of per1sion of Ouwahati Municipal Corporation· employees. who :;:./ were retiring from service on or after 31.0 1.2006 shall be dete~ed @ SOo/o of last month's emolument drawn or SOo/o of last 10 months average emolument&. whiche~ver is beneficial to the employees. · -····----·-·-------·-· M"- The amount so <::omputed on. the basis of the. above principles shall be ~( rounded off to n•ext multiple of Rs. 10.00 and will be the basic Pension fo.r all purposes "lith effect from 1 / 1 I 2006. · -~.
r---- THE ASSAtvr GAZEITE EXT~Q~D{NARY, OCTOBER 15, 2015 1401 tii) 'lfhe revised pension in no case shall be lower than 50% of the sum of rmnimum of the pay in Pay Band and the corresponding Grade Pay 1thereon from whlch the pensioner had r'-!tired. '
(iii) Qualifying service for receiving full superannuation pension ~hall be 25 y-ears. Proportionate pension shall be given to those employees 'Who have completed minimum 20 sjx monthly period of qualifying service but less than _§.Q six monWy ?eriods of qualifying service with effect from...l:J 29Jb6
(iv) ~inimum amount of full superannuation pension shall be Rs. 3,000.00 pm and maxim~m Rs. 25,500.00 pm w.e .f. 1.1.2006.
EMOLUMENTS AND AVERAGE EMOLUMENTS
49. If immedi.ately before his retirement or death an employee has been absent from duty on leave with allowances , his emoluments for the purpose of calculating service gratuity andjcr dea.;l1-cum-retirement gratuity should be taken as what they would have been had he not been absent from duty:
Provided that tpe 'amount of gratuity is not increas~d on account of increase in pay not actually drawn and that benef1t of higher officiating or temporary pay is given only if it is certified that he would have contin.ued to hold the higher officiating or temporary appointment~ but for his proceeding on leave.
50. For persons retiring from service on or after 1. 1. 1996; the term 'Emoluments' means pay as defined in F.R. 9(21).
51. "Average emoluments'' means the average calculated upon past ten months of service.
Note 1 : If duril').g tJ;le last ten months of his services an employee has been absent from duty on leave with allowances, or having been suspended has been reinstated without forfeiture of service, his emoluments, for the purpose of ascertaining the average should be taken at what they would have been had he not been absent from duty or suspended; provided always that his pension must not 'be increased on account of increase in pay not actually drawn.
Note 2 : If during the last ten months of his se-rvice, an employee has been absent from duty on leave without allowances (not counting for pension), or suspended under such c.irC\lmstances thr,t the period of suspension does not count as service, the periods so passed should be disregarded in the calculation of the average, an equal period before ten months being included.
ALLOWANCES WHICH DO NOT COUNT
52. An employee cannot count the following allowances-
(1) Local eJlowances and d~ntation (local) l'dlowances;
(2) House rent allowance, or estimated value of free quarters;
(3) Tour and other allowances;
(4) Compensation for dearness of provisions. •' 1402 I THE ASSAM GAZETTE EXTRAOruhiNARY. OCTOBER 15~ 2015
CHAPTER VI DEATB-CJJ.M-RBTIR.EM&BT GRATUITY
(1) An employee who has completed five years' qualifying service may be granted an additional gratuity not exceeding the amount specified in sl.lb-regulation (3), when he • retires fFom service and is eligible for gratuity or pension under rules.
(2) If an employee who has completed~ years' qualifying service dies while in service, a gratuity not exceeding the amount specified in sub regulation (3) may be paid to. the person or persons on whom the right to. receive the gratuity is conferred under regulation or, if there is no such person, it may be paid in the manner indicated below- (i} If there are one or more surviving members of the family as in item.s
(i), (ii), {iii) and (iv) of sub-rule (1) of regulation 54, it may be paid to all such members, other than any such member who is a widowed daughter, in equal shares. · {ii) If there are no such surviving members of the family as at (i) above, but there are one or more surviving widowed daughters and/or one or more surviving me~bers of the family as in items (v), (vi) and {vii) of sub- regulation (1) of regulation 54, the gratuity may be paid to all such members, in equal shares.
(3) The amount of gratuity will be one-fourth of the ·•emoluments' of an employee for each completed six monthly period of qu·alifying service subject to a maximum of 16.50 times the emoluments. In the event of death of an employee while in service, the gratuity will be subject to a minimum of .)2Jimes the emoluments of the employee at the time of his death. In no· case, however, the amount of gratuity shall exceed ~s. ~OO,_Q90._99 w.e.f OlJ.Q..l/J.22_§_.Rs. ~,501990.~00 _from2-~/03/2001 · and Rs. 7,00,000.0~ from 01[04/200~~ Einoluments for the purpose of calculafi()ii-ot"all· kinds of ·gratunfes- {retirement· death serVice, terminal) will include Dearness Allowance on the date of retirement 1 death w .e.f 01/01/1996.
NOMIBATION ~ (1) (a) 'Family' for the purposes of DCRG will include the following relatives of the Employee-
(i) Wife in the case of a. male employee;
(ii) Husband in the case of -a female employee;
(iii) Sons;
(iv) Unmarried ·and widowed daughters;
(v) Brothers below the age of 18 years and unmarried or widowed sisters;
(vi) Father;
(vii) Mother.
Note 1 : (iii) and (iv) will include step-children and adopted children. ·.
(b) 'Person' for the purpose of this rule shall include any company Qr . association or body of individuals whether incorporated or not.
(2) An employee· shall, as soon as he is confirmed or completes five years' qualifying service, make a nomination conferring on one or more. persons THE ASSAM GAZETTE EXTRAORDINARY, OCTOBER 15, 2015 1403 th<:j right to receive any gratuity that may be sanctioned under sub regulation (2) of regulation 53 and any gratuity which having become adlnissible to him tinder sub- regulation (1) of that regulation has not been paid to him before death:
Pn!lvided that if at the time of making the nomination the employee has a family, thle nomination shall not be in favour of any person or persons other than the members of his family .
Note: The Head of Office will ensure that as soon as an employee is confirmed in a pensiona ble post, nominations in terms of clause (2) above are duly made by such officer'.
(3) If an officer nominates more th::m one person under sub-rule (2) he shall specify in the nomination the amount or share payable to each of the nominees in such manner as to cover the whole amount of the gratuity.
(4) An employee may provide in a nomination- (aJ' In respect of any specified nominee, 'that in the event of his predeceasing the employee the right conferred upon that nominee shall pass to s uch other person o.c persc ns as may be specified in the nomination; · provided that if at the time of making the nomination the officer has a family consisting of more than one member, the person or persons so specified shall n ot be other than a member or members of his family. .
(b) . That the nomination shall become invalid in the event of a contingency specified therein .
(5) The nomination made by an employee who has no family at the t.U:nc of making it, or a provision made in a nomination under clause (a) of sub- regulation
(4) by an employee whose fa.rnily consists, P': the date of making the nomination, of only one member, shall become invalid in the event of the employee subsequently acquiring a family or an additional member in the family, as the case may be.
(6) (a) Every nomination shall be in a 'prescribed form.
(b) An employee may at any time cancel a nomination by sending a notice iri Writing to the appropriate authority provid~d that the officer shall , along wit!l such notice, send a fresh nomination made in accordance with this regulation.
(7) Immediately on the death of a nominee in respect of whom no special provision has been made in the nomination or on the occurrence of any event by reason of which the nomination becomes invalid, the employee sr,.all send to the appropriate authority a notice in writing formally cancelling the nomination, together with a fresh nomination made in accordance with this regt:tlation.
Note 1 : While a nomination as also any change therein will normally be made by an employee during his service, he may be allowed to make a fre sh nomination or change his earlier , nomination _ after retirement if such a contingency arises.
FAMILY PENSION SCHEME
55. A family pension will be admissible in case of death of an employee whil~ in service or after retirement on or after 1st January,, 1996, if at the time of death the retired employee was in receipt of a compensation, invalid, retiring or superannuation pension. In case of death while in service, the employee should have completed a m,inimum pe.riod of one year of service.
...
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1404 THE ASSAM GAZE'ITE EXTRAORDINARY, OCTOBER 15, 2015 . .
Note 1 : The term ''one year of service'' mentioned in above rule does not include • broken ~riods of service: The service for these purposes should be continuous. · Note 2 : For t~e purpose of computing the minimum period ·or completed one year of continuous service, 'boy service' and periods o! extraordinary leave, if any, shall be excluded. · · (The rate of family pension is 30o/o -of last basic pay subject. to a. minim.um of Rs. ,.1,225.00 w.e.f. 0_!-.1_:19~§_. The revised amount of minimum family pension shall be_~~_._i .• &.OO.OO pm w.e.fOl-01-2006). · · Note 1: Pay for the purpose. of this rule. mearis the pay, as defined in Rule 9 (21) of the Fundamental Rules, wlrlch the person was drawing· on the date of J:lis death while in service or immeaiately. before his retirement. If o~. the date of his death while in service or immediately before his retirement a person had been ~absent from duty on leave (including extr~-ordinary ·leave) or suspension. 'Pay' means the pay which he drew immediately before proceeding on such leave or suspension.
Note 2: The Scheme does not debar an employee/pensioner from drawing family pension in addition to ·his/her pay or pension. In the event of death of the father and the mother who were both employees of Guwahati Municipal Corporation, the minor children will be eligible to draw two family .Pensions.
56. If an employee after· rendering minimum of 7 (seven) year's continuous service dies while in service, the family of such employee may be granted a pension at the rates and conditions mentioned below-
(i) For a period of 7 (seven) years from the date following the date of death or till the date on which the employee would have reached the normal age of superannuation had he remained alive, whichever period is shorter, the pension payable under this rule will be at SO(fifty) percent of the basic pay last drawn, subject to a maxitJ.?.um of twice the nornial pension admissible.
(ii) The pension payable thereafter will be at the normal rate.
(iii) The provisions of this rule will not be applicable if the employee had put ·in less than 7 (seven) years' continuous service prior to his death. · DEFINITION OF FAMILY FOR PENSION ~ ii) Family will include. the following relatives of the employ~r:
. (a) Wife, in the case of a male employee;·
(b) husband, in the case of a female employee;
(~ ntinorsons;and
(d) unmarried mino;r daughters.
· Note 1 : (c) and {d) will include children adopted legally before retirement. .
Note 2 : (a) Marriage for the purpose of admissibility of pen$ionary benefits· to the of a retired official shall ID:-ean marriage before or after retire.ment. .
. {b) Child/ Childr~n for the ·purpose of pensionary benefits of a retired official shall mean child/children born before or after retirement.]
(ii) The pension will be admissible- :
(a) In the case of a widow/widower upto the date of her/his death or re-marriage whichever is earlier.·
(b) In the case of a minor· son, until he attains the age of 18 years.
(c) ·In the case of.an unmarried daughter until she attains the age of 21 years or mSniage, whichever is earlier.
Note :In cae.es where there are two or more widows, pension will be payable to the ·eldest. surviving widow. On her death it will be payable to the next surviving .· THE ASSAM GAZETTE EX~_!_tAORQ~ARY, OCTOBER 15, 2015 1405 widow, i f any. The term 'eldt;st' would mean seniority with reference to the I dat~ of'marriage. , · , . · ·
(iii) Pehsi~n awarded u h der the rules in this section will not be payable to more i than one meml:ler of an employee's fami(y ."at the -same time., Jt will frrst 1 be a dmissible to the widow/widower, and thereafter, to the minor children. '
(iv) In the event of re-marriage or death of the widow/widower, the pension will 1 be gran~ed to tpe minor children through their natural guardian. In disputed ca.ses, however, payments will be made throu'gh a legal guardian.
58. Farpily Pension und~r ,the regulations is not admissible in respecf offa) persons paid from contingencies; ' .
; (b) work-charged staff; ' ' {c) casual labour;
d) contract employees;
e) persons who . die after removal or dismissal from service and were/ are granted Compassionate Allowance.
( 1) As in the case of the grant Qf an ordinary pension, future gopd conduct of the recipient is an implied condition of every grant of a pension.
General Council of the Corporation reserve to themselves the right of withholding or withdrawing such a pension or any part of it if the recip]ent be convicted of serious crime or be ·guilty of grave misconduct a.I1d General Council decision in such matters will be final.
PROCEDURE FURNISHING OF 'FAMILY' DETAILS
59. (l)The following proc~dures are to be followed in respect of daims arising out of the Scheme .
{i) A11 employees entitled to the benefit of this Scheme shall be required to furnish details of their 'family' as defTled in clause (i) of rule , i.e., the date of birth of each member, with his/her relationship with the employee. This statement ~hall be countersigned by the Head of Office and pasted in the Service Book of the employees will thereafter be required to keep this statement up-to-date. Additions and alterations in this statement will be made by the Head of Office from time to time on receipt of information from the e rrtployee concerned.
60. Simplification of procedure for the authorization of family pension and Death-cum-Retirement gratuity in respect of employee who die while in service.
i .. Time table for lthe work- As soon as the Commissioner receives intimation regarding death of a ~mployee_ while in service, he shall initi , te immediate action for obtaining claims for family pension and death- cum-retirement gratuity from the beneficiary or beneficiaries · ii. The Commissioner shall go through the service book/ service record of the deceased employee and satisfy himself as to whether annual certificates of verification of service for the entire period of service are rc:<corded therein. · iii. If there are any . petiodjperiods unverified service, the Commissioner shall ~ccept the un~erifl.cd portion of servic~ as verified on the basis of valid entries .I I 1406 w.
' , .
ll .
I THE ASSAM GAZETTE EXTRAORDINARY, OCTOBER 15, 2015 I in the service book/ service record. ForJ this purpose, the Co.mmissiQnC!r may re}y o~ any other re.levaiit m~terial to ':"!hich he may)1a~e ready.u~cceel$. While accepting the ~IJ.verifi~p ~rtion of sen~£e, the Comxniss10n~r ah~-.ttm~ure;t;pat I Service WaS eontinUOtU~· artd WaS not f(:deited On aCCOUnt Df ~~missal, rCJl\OVal ' or resignation !from service. !
(.a) For the purpose of determination ·tlf emoluments for f~1Hy penaion and death-cum-retirement gratuity, the.ICommissioner shall nonnally confine the verification of the correctness o~ ··~moluments .for a ma~.bnum ponoct of one yean preceding lhe date of death jpJ the employee.
·(b) In case, the employee was on extrao·rQlnary leave on th~ elate of death, ttle correctness of the emoluments which. !"le prew precedjng the date Qf the commencement of the extraordinary leave s;hall be verified.
The process P.f1determination of qualifying ·(~Moe and qualifyih~ emoluments shall' be completed within one month of the r~~ceipt of the intim'ation reg"-"c.ling the date of death of the employee and the a~no1,mt lof family pension and cteqth cum-retirement gratuity shall be calculated acc~rningly.
2 . Detiermination of famUy penaion J'lDd grat11ity w~\'ore service reco'4• IU'e inc~mplete - . . 1 , If in any particular case,;, the service book/ service record ~\~s not been maJ{lta~od properly , and it is "not ' po~sible for the Como¥ssioner· I '• accept the unveiltioq portion of service as .verified on tl;te basis of eljltries in t~l~ service book/aorvice record, the Commissioner shall not proceed with verificatio9.' qf the entire 1pell of service. The vcrific§ition of service in such a case shall be coftfp1.~d to the foUQWing . spell of service- . · ' lA) /<or the purpose of family pension.
{i) If the deceased employee at the time of ·death had rendered rnor~ than one year of service but less than seven years M service, toe service a nd the emolument.s for the last year of serv~.:(': shall ~ verified and accepted by the Comm.issioner and the •. "'1ount of family pension determined as per rates of family pensiol. " rJicaled {ii) in Regulation 56.
[f the deceased employee at the time of his death had render'-''- :.,, 0re than seven years of service, j:he service for the last seven yea!"< . i emoluments for service rendered in the last year shall be ver, .
~d . acc~pted by the Corr..ciissioner and the amount of fa1.1 pension and the period of its tena bility determined und l .
, , Regulation 56.
,iii) · If the dec~as~d employee at the time of death. had rendered more than s~V;!!Il; y_F!ars of service ·and the servi.ce of last seven years is not capable of being verified and acqepted by the C0mmissioner but the service rendered during the last year is capable of being verified and accepted, the Commissioner pending verification of service for seven iv) v) y.ears, s.l1,all calculate the amounts of family pension.
}'.he servlce for the last severi years shall be verified and accepted within the next two months and the amount of family pension at the enhanced rates and the period for which it is payable shall be determined. )(, The determination of the amount of family pension in' terms of sub ,. claus,es (i}, {ii) & (iii) shall be done within one month··or'the receipt of · intimatidn of the date of death of the employee. · · ·· ~ ·- ~ (B) For the purpose ofldeath-cum-retirement gratuity.
, {i) If the deceased employee had, at the time of death, rendered more than five years of qualifying service but less than twenty-four years of qualifying service, and the spell of last five years service has been verified and accepted by the · Commissioner under clause (A), the -------- ·, L • ___ 1_'H_G ~~S_AM G_~ZETJ~ EXTR/\ORDINA{\y, OCTOBER 15, 2015 . ___ 14_07 amount of death-cum-retirement gratuity shall be equal to 12 times the emoluments of the deceased.
(ii) If the deceased employee had render.ed more than twenty four years of service and the en~:ire 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 Commissioner pending verification of service for the entire period, shall calculate the amount of D.C.R.G. as indicated at sub-clause (i) above, final amount of gratuity s :-1all be determined by the hea<i of office on tile basis of the entire spell of service which may be verified and accepted by the Commissioner not later than six months from the rtate of death of the employee.
3. Sanction drawal and diabunement of proviaional family pension and gratuity
(1) The Commissioner s hall grant provisional family pension not exceeding the maximum family pension as admissible and ninety per cent of the gratuity after adjustment of all outstanding dues. For this purpose, the Commissioner shall a dopt the follovli.ng procedurefa) He shall issue an office order in favour .'Jf claimant arc claimants indicating the amoun,t 'of hundred per cent of provisional family pension and ninety per cent of gr<;\tuity as determined after adjustment of all outst1:1.nding employee.
{b) He shall indicate in the office order th~ amount re~overable out of the gratuity.
(c) After issue of the office order, h e shall draw himself {i) The amount of provisional family pension, and
(ii) , · T.he amount of ninety per cent of the gratuity after ded4ction of the dues . mentioned in cla u se {b) above . The dra wal of the amount of family pension • 'and gratuity provisionally m ay be done by th e Commissioner in establishment pay bill.
(2) The Commissioner sha ll disbursefa) The provisional family pension as would fall due to the claimant on or after the first day o f each month following the month in which the employee died.
(b) The a wount C'f the death -cum-retirement gratuity to the claimants immediately after the same has been drawn under sub-Para ( 1) (C) (ii).
(3) The payment of provisional fnmily pension shall continue for a period of one year from the date of death of the employee.
(4) lf the claimant desires the payment of provisional family pension or a gratuity or of both through money order or bank draft, the same shall be remitted to him through money order or bank draft at his cost:
4. Adjustment of Corporation dues- On receiving an intimation regarding the death of the employee, the Commissioner shall take steps to ascertain all the dues pertaining to long term advance (viz. House Building Advance , Conveyance Advance stc.) short term advance (viz. Festival Advance., etc .) and over payment of pay and allowan ces in addition to the recovery, if any, as a punitive measure in order to make good the loss caused to Corporation as a result of negligence or fra ud on the part of the person concerned while in service, excluding the dues pertaining to occupation of Corporation accommodation. Such ascertainable dues shall be recovered from the amount of death-cum-retirement gratuity becoming payable to th<:_ family of the deceased Employee.
1408 THE ASSAM GAZETTE EXTRAOlARY OCTOBER 15 2015 I . ll' PROCEDURE RELATING'TO PENSIONS APPLICATIONS FOR AND GRANT OF PENSIONS . \ gENERAL 61 . All authorities d ealing with applications for pcn.sion under these regulations should bear in mind that the delay in the payment of pensions involves hardship. It is essential to ensure, therefore, that an employee begins to receive his pension on the day on which it ·becomes due.
Note 1. r nnual superannuation statement should,. be checked at least quarterly to see if r ny employee due to retire within one year has not yet submitte1 his pension ~pplkation. Attention of such employee sh?¥ld be drawn to regulafion and they should be reminded to submit their'formal application. I I I
62. Every employee shall submit a formal application for pension in Form No.
I ' .v
1. ,An officer s.hould, in his own interest, submit his pension application for pension to the Commissioner, one year in advance of the date of his actual or anticipated retirement. 0 ' Q
Provided that-
(i) ln a case in which the date of retirement cannot be foreseen one year in advance, the application shall be submitted immediately after the date of retire ment is settled.
63. To the extent applicable, the following document~ ,should aJso be forwarded along wiU1 tpe pension application Form No. 2, namely:-;
(i) La st Pay Certificate if the applicant is no longer in service.
(ii) Invalid certifica~e from the ·appropriate medical authority if the application is for invalid pension.
(iii) Memorandum of average emoluments.
(iv) Two specimen signatures, duly attested. However, &a- in the case of persons not literate enough to sign their names, two slips bearing the left hand thumb and fingers impressions, duly attested.
{v) (a) Three. cp pies of pkssport size photograph duly attes ted, or
(b) Three copies of P flSsport size Joint photograph with wife/ a.11d .
(c) Details of 'family.t for the pur.po~e of pension as defined hereinabove, i.e., date of bir~ of each .q1erpber with his/ her relationship with the employee.
(vi) 'I'wo slips each showing particulars of height and identification marks duly attested. ·
(vii) Formal application for pension in Form No. 1.
(viii) Service Book · -- 't r~" _ THE~SS~M GJ\ZET}'E_r:XTRAORDJNARY, OCTO~ERJ2z_2_~ __ 1409 VERIFICATION OF SERVICE
64. On receipt of the formal application in Form No. 1 (Pen sion), th e Cl•mmissioner s hall immediately prepare statement of the applicant's servict" in Form No. 2, and arrange to verify them a ccording to th e followin~~ procedur e :- (a ) He 's h a ll go through the Service Bool< and the Service Roll, if any, and sa tisfy h imself whether the annu al certificates of verification for the enti.r·e service arc recorded therein. In respect of the unverified portion (s) of service, h e sh.a !J arrange to verify it or lhem , as the case may be , with refere n ce Lo pay bills, acqu ain tance rolls or other relevant r ecords anci record the necessary certificates in th ~ Service Book or Service Roll, a -;
the ca se may be.
(b) lf the s ervice for any period is not capable of being ve rified in the manner specified in clause (a), . that period of service having been rendered by the:
employee in another office or depanm en t, a refere n ce shall be made tu the hea d of that Branch .or, as the case may be, of that d epartmen t i.n which the employee is shown to h ave served during the period for th e purpose of verificaLion .
(c) Jf any portion of setv ice renC:.ercd by an employee is not capable of being ver ified in the manner specified in .clauses (a) and (b), the employee shail fil e an affidavit duly sworn before the competent Magistrate or Notary s taling tlv.1t h e had in fac t rendered that period of s ervice and shall als0 furni::;h all relevant details and eviden ce in support of the same. The Commissioner s hall admit that portion of service a fter taking into consideralion the s tatements in the affid a vit. and evidence produced by tha t offi cer in support of the same, if he is ::;aiisfied that lhe officer h aci really rendered that portion of service .
PROCEDURE IN PAYING
65. 1\ gr a tuity i.s paid m a s ingle s um on n ' ceipt of authority from Com.m issioner.
66. ( l) No pension shal l be paid unt1i the paying officer has received the a u thorization from the Commission er. Su ch authority will be a Pension Payment Order. A pension , for 'A-hich Pension Paym ent Order has been issuect , i::; payable in [ndia monthly in arrears on or after the first day of the fo llowin g month under the following procedure.
(i) Each Pension Payment Order will be accompanied by the prescribed form intended to b~ deliver ed by the Disbursing Officer to Lhe pc:nsionc1- concerned fer usc as a wallet for the pension er 's half of the Pension Payment Order.
(ii) On receipt of the Pension Payment Order the disbursing officer will d eliver one-half to the pension er, and k eep the other half carefully in such manner that th e pensioner shall not h~ve a ccess thereto.
(ji i) Each payment made is to be ent<'.!rcd on the reverse, both of the pensioner'~ h alf and of the disbursing officer 's half of the Pension Payment Order, b o th entries being attested at the time of payme n t by the signatu re of the disb~trsing officer .
1410 THE ASSAM GAZETTE EXTRAORDINARY, OCTOBER 15, 2015 I 1 A pension shall, under no circumfances~ be paid for the first time in arrear for more than one ye without the approval of the Corporation. _ · . · A pension is ;payable for the day on:which the pensioners dies. ' • • I I
(y) I IDENTIFICATION OF ~ENSIONER 67 A I 1 . . ak . l f . s 1 a regu ation, a penswner must t e payment m pc;rson a ter idertification by comparison with the Pension Payment Order.
68. Three certified copies of the pensioner's photographs (three copies of joint photographs with wife/husband in passport size shall be obtained and pasted on the Disbursing Officer's half of the Pension Payment Order and thd Disbursing Officer may make payment on the stren~ of the re5emblance between the pensioner· and his photograph pending the final recpnciliation of any question which may arise about identificati~n marks.
Note - Tpe identification of pensioner by means of photograph will be in addition t0 the system of recording the signature/ thumb and finger impressions which will remain a permanent and reliable record of pensioner's identity.
69.
70.
71.
l A pensioner specially exempted by the employer from personal appearance, a female pensioner not accustomed to appear in public, or a pensioner who is ·unable to apperu.· in consequence of bodily illness or infirmity, may receive his or her pens ion upon the production of a life certificate signed by a person exercising powers of a Magistrate under the code o_f Criminal Procedure, 1973 (Act II of 1974) or by a Gazetted Officer.
A pensioner of any description, who produces a life certificate signed by some person exercising the powers of a Magistrate under U1e Criminal Procedure Code (Act V of 1898) or by any Registrar or Sub-Registrar appointed under the Indian Registration Act, 1908 (XVI of 1908) or by ru.1y pensioned officer who, before retirement, exerdsed the powers of a Magi~trale or by any Gazetted officer or by a Munsiff, or by a Police officer not below the rank of Sub-Inspector-in-charge of a Police Station or by a Post Master, a Departmental Sub-Postmaster, or an Inspector of Post . offices, or by the Reserve Bank of India or the State Bank. of India or any other Bank approved by the Government for the purpose, is exempted from personal appearance. ·
(a) ln all cases referred to in Rules 68 and 69 the 'Disbursing Officer must take precautions to prevent impositions and must, at least once a year, . require proof independent of that fumished by the ' life certificate of the continued existence of the pensioner. ·
(b) For this purpose he should (save in cases of exemption from personal appearance granted under Rule 68 require the personal attendance and due identification of all pensioners who are not incapacitated by bodily illness or infitmity so attending, and in all cases where such inability may be alleged, he shoul~ require proof thereof in addition to the proof submitted of the pensioner's existence.
Note 1. The Disbursing Officer · is p ersonally respqnsible for any payment wrongly made. In case of doubt, be should consult the Corporation.
G( ·tr=- THE ASSAM C!AZETTE EXl:-RAORDINARY, OCTOBER 15, 2015 1411 ~ ~ cV0!
A pensioner of rank incapacitated by bodily illness or infirmity V to attend may be privately identified by the Disbursing Officer Note 2.
and.need not be required to appear at a public office.
RENEWAL OF PENSION PAYMENT ORDER
72. When the reverse of a Pension Payment Order is filled up , or when the pensioner's half is found to be worn or torn, both halves may be renewed by the Commissioner.
73 . If. a pensioner ioses his half of the Pension Payment Order, a new order may be issued by the Commissioner, who should see that no payment is made on the half alleged to have been lost by a strict observance of regulation 66(ili) . The necessary note should be made in the remarks column of the register of Pension Pay;nent Order.
LAPSES AN"Q FORFEJ.TURES
74. lf a pension remains undrawn for more than one year, the pension ceases to be payable; provided that if the pensi0ner afterwards appears, the Disbursing Officer may renew his payments. But if the amount is to be paid for the flrst time or if the amount of arrears exceeds Rs. 10,000.00 the arrears cannot be paid without the previous sanction of the Corporation .
DECEASED PENSIONERS
75. {a) On the death of a pensioner, payment of any arrears actually due may be made to his heirs, provided that th~y apply within one year of his death on production of legal heir certificate from the appropriate authority . It cannot be paid thereafter without the sanction of the authority by whom the pension was sanctioned .
(b) After payment of the arrears of pension, the Pension Payment Order should be returned to the Commissioner with a report of the date of the death of the pensioner.
76. The arrears of pension of a deceased pensioner may be paid to the heir of the deceased, without the production of the u sual legal authority to the extent of Rs. 2,500.00 under the orders of the Commissioner or other officer responsible for the payment, after such enquiry into the rights and title of the claimant, as may be deemed sufficient. Any excess above Rs.
2,500.00 may similarly be paid with approval of the Corporation on • execution of an indemnity bond, with such sureties as may be required, if it is satisfied of the right and title of the claimant and considers that undue nelay and hardship would be .caused by insisting on the production of and letrers of administration. · I - ""' 1412 THE ASSAM GAZETIE EXTRAORDINARY, OCTOBER 15; 2015 i JJI-' In any• case of doubt, payment should '.be made only to the person p j oducing legal authority.
NOTE: Payment of. arrear pension Pis to be settled by Arrear of Pension (nominat ion) rules, 1987 vide Fmp.21/82/101 dated 28/08/1987 .
!mMOVAL OF DOUBT
77. J, any d~)Ubt arises as to the interpretation qf any of these rctgulations or abou th. e applicability of any of these regulations , the matter shall. be referred to th •. Corporation who reservG,.8the right of chan.ging the regulation and intez:- rc;tjiting their m~aning and whose decision thereon shall b ej flnal. If any matte is not covered by these regulations, · the provisions in Assam Services (Pension) Rules, 1969 as amended from time to time will apply.
SPECIAL PROVISION
78. Where the Corporation is . satisfied that the operation of any of these regulation causes undue h ardshlp in any particular case, they may _dispense .~ith or relax the requirements of that rule to such extent and ~- . l · s~1bje~v to such conditions as they may consider necessary for dealiug.with the case in a just and equitable manner provided that the case shall not be dealt with a manner less fav <;>Urable than. that provided ,in these regulation ..
·! ., •• , 'II .... J •' :1 r 1 •I THE ASSAM GAZETTE EXTRAORDTNAl'"ZY, OCTOBER 15, 2015 SETS OF APPLICATION FORMS PLACED BELOW FORM NO. 1 1413 Particu~ars to be obtained by the Commissioner from th e retir ing employee eight months before the date of h is retirement.
1. Name:
2. Date. of birth: ...... .;..: .... ; .. ........ .
3 . Date of retirement: ....... / ....... / ......... ..
4. Two "'slips containing two specimen sig.i"l.atures each duly attested by a Gazetted Officer.
5. Three copies of passport size joint photograph with wife / husband duly attested by Commissione r (Photograph, of self only, in case the employee is un-married or a widow or a wicto'l.ver).
6. Two *"slips each showing particulars of height and personal identification marks duly attested by a Gazetted Government servant.
7 . Present Address:
R. Addr!:'ss after retirement (Any subsequent change of address should be notified to the Commissioner ):
. .. ............ . ... . ...... . .......... . ....... . ......... ... .. ~ •••••••• 0 • • 0 ••• • •••••• 0 ••••••••••••••••••••••••• • •• • • • •• ••• • • • • • •••••• • · · · ··· · · ·· ····· ·· · ····•· ·~ · ···· · · · · ····················· · · · ············ · ···· · · ······························· · ··················
9. Details of the family member s as in Form No. lA..
tO. Name of the treasury /Bank/ Bank BranchjiFSC Code through which pension i$ to be drawn:
.. ... ...... .. ... ....... ... .. ··········· ··· ··· ···· ····· ······ ···· ······ ············· ······· ·········· ····· ···· .... ... .. .... ............. ............ .. ... ........ .. ..
Signature Designat ion Depar tment/ Office ·"Two slips each bearing the left hand thumb and fmgers impressions duly attested may be furnished by a person who is not literate enough to sign his name. If such a employee on account of physical disability is ur.able to give left hand t.!1umb and finger 'impression he may give thumb and finger impressions of the right hand. Where a employee has lost both the hands, he may give his two impression . Impression should be duly attesrec' by a Gazetted Government servant. , ••specify a few conspicuous marks, not less t han two if possible .
I \{) 1414 \, THE ASSAM GAZEITE EXTRAORDINARY, OCTOBER 15.;z_~ ...:::.20.:;....::1:..;;;..5 __ _ FORM NO. lA DETAILS OF FAMILY · Na1ne of the Employee: ......................................................................... ~· .: ............. .
Designatio11: . .. .. . . . .. . . . .................... ; .................................................... : .................. .
Date of Birth: ....... / ....... / .......... .
Date of Appointment: ....... / ....... !; ......... .
Details of the members of my family as on: ....... / .... ; .. ; ......... ..
~r:-·· ·-···--·. -- Date of~-Relationship with ·r. · ! lnitiaJR of th~··1 . Office . :_i ~~·. Name of the mcmbert' of the family ·Birth the employee , Remark~ Head o~f :
1.q:==---.. ~ -~2-) .... ·-. ··-··--!-- (3) (4) -+---(-5) ___ ~ ----~~-~--- - -·-- .. ___ ...... _ .......... ·-·:· ----+ ---~---1--------· ... ' ., -···- ·-----·--·---·---·------1---+-- . ·-l . :~-i~~-=--·~-~--=-:_·-. -.-. - ------ ·----·-1--·--------···-1--------~-~----· 'l ~--·~-~--·--·- . . :..--·----1--·--~---'·1 :---r--1·--------···-------.. -- ··!----·- ------.- ~---·--t ~-8_;--- .. --... --·----~·-· ·-+- ---1 ~-r----·----.·--·---·--- ---~r---·· --- .. ·.·--··· . ..;
~--r-· ----· .. ·--- . . --- ------ ~ i.~-----.. --···-------· _______ L . -···-- -· ____ :
r, hereby undertake to keep the above particul~s up .. to-date by. notifying to _the Commissioner, Guwahati Municipal Corporation any addition or alteration.
Place .... · .............................. .
Dated, the ... : ........ ............. .
Signature of the Employee.
Note·: Family· fo~ this purpose means family as defined in Regulation.
----·-----·-... --................... ----- __ ...,_ ____ .. _____ ............ --.. -.--- --·---·--·-·------... -...-... .
PART-1 THE ASSAM GAZETTE EXTRAORDINARY, OCTOBER 15, 2015 FORM NO. 2 Form for assessing Pension and Gratuity 1415 ~
1. Name of the Employee: ........... .. ................................. .... ............................ . .. ............. .
2. F'ather's name (and also husband's name in the case of femal~ employee):
......... ....... ... ........ ............... .... .. ............................................... .... ............ .. ... ..... ... ...
3. Date of birth (by Christian era): ....... / ....... ; .... .. .... .
4 . Religion: ........... .. .......................... .. ............................. ...... ................... .... ... ... : .... . .. .
S. Permanent residential address, showing Village, Town, StJ·eet, Lane Pin code, Police Stat io n , District & State:
... .... .......... ..... .......................... ......... : ... ................................................................ .
6 . Present or last appointment including name nf establishment and Department.
(i) Substantive.
(ii) Officiating, if any.
7 . Date ofbeginningofservice: ....... 1 ....... 1 ..... .... .
8 . Date of enuiug of service: ....... I .. .... I ........ ..
9. Class of pension applicable: ..... . .............. .. ........... .... ........... ... . . .......... ..... ..... ........... .
lO. The date on whict: action initiated to-
(i) Obtain the 'No demand certificate' :
......... ....... ..... ...................... ......... .. .. ... ... ...... ............... ...... .. ........ ....................... ........ ..
(ii) Assess the service and emoluments qualifying for ·pension:
(iii) Assess t h e Cprporation dues other than the dues relating to the allotment of Corporation accommodation:
ll. Details of omission, imperfection or d e ficiencies in the. S ervice Book which have been ignored : .............. .. .................. ........... ......................... .. ......................................... .
..... .. ... .............. ..... .. ..... . .... .. ... ........ : .... .. ........ ..... ...... ..... ... .......... .... .. .. ....... ............ .
12. To tal length of qualifying service for the purpose of adding towards broken periods, a month is reckoned as thirty days:
13. Pc.riods o f non-qualify ing service (Any reference to be ni.en tioned) {i) Interruption in service condoned:
.. . ...... . .. ....... ........ .. . .... . ..... ... .... .... .. . ...... ......... .. .... ... . p••••· ·· ·· ·· ······ ······ ·· ········· ···· ·· ··
(ii) Extra -o rdinary leave not qual ifying for pension:
(iu) Period of suspension not treated as qualifying service:
(11) 1\.ny othe r service not treated as qualifying s e: vice:
Total .. .. .... .. .... ... ... .. ......... ... .... ..... .... .. ...... ...... .. ....... ......... .. ................. ...... .. .. .... ..... ...
14. Emoluments rec koning for gratuity:
····· ··· ·············· ·· ······ ······ ···· ······························ ·· ············· ·············· ··· ····· ········· ·· ·· ······· J 5 . Averng;e emoluments for ca lculation of pension:
\ 0 1416 THE ASSAM GAZETIE EXTRAORDINARY: OCTOBER 15, 2015 - -·-- -- ·- · I I Emol:men I ! Personal -f-_:~ To Pay Pay or Average t=~:~_T __ ... , r--- -~ l _ ____ _j ·-------1 ---+ l _ __ I special pay ·- -- ·--·--t-- _______ ___~_ ____ __ - - --- ' =t-- r-·--- .. ___ ·-~ --- --_·---·--
(i) ' In a case where the last ten months include some period not to be reckoned for calculat~ng average emoluments an equal pedod backward has to be taken ' for calculating average emoluments. ' {ii) j The calculation of average emoluments should be based on actual number of day::; contained in each month.
16. Oatt: on which From -1 has been obtained from the employee (to be obtained eight months before the date of re tirem en t of employeef:
J
17. (i) Proposed pension: .. oo . oo . ...... . .... . ........... oo .. .. .... .. . oo . ..... oooo .. . ...... . ... . oo···oo••oo·· .. oo·· · · ··
(ii) Proposed relief, on pension: . 00 00 00 ...... .. ... ·oo ....... 00 .... 00 .. 00 ............ 00 .00 00 00 00 00 .... 00.00 00 00.
18 . Proposeci gratuity/death-cum-retirement gratuity: .. . ......... 00.00 ........ 00 .... ............ ........ 00
(i) In a c.;ase where th e last ten months include some period not to be reckoned for calculating ayernge emoluments an equal perio.d backward has to be taken for calculating average emolu m ents:
(ii) The calculation of average emolument~ should be based on actual number of days con,ta~ncd in each mqnt.h of retirement of employee:
J 9 . (I) Proposed pensio n : .......................... . 00 ........... .. ... 00 ........ . ................................... . . .
{it) Proposed rt:l ief: ........... oo ..... oo .. . .. . ...... oo . oo .. . .................... ... ... .. ..... , .... oo.oo ....... 00 .... .
20. Proposed gratuity f death-cwn-retirement gratuity: ...... 00 ........ . 0000 .............. ' ...... . oo ..... ..
21. Date from which pension is to commence: ........................ 00 .... : ............................ oo.
22. Proposed amount of-provisional pension. (If Departmental or Juclicial proceedings Wl'!re instituted against the employee before retirement): ' ··········· ······ ·················· ············ ········· ······················· ···· ····· ·· ··············· ··· ············· ······
23. Details of Corporation dues recoverable out of gratuity ;
{i) License Fee/Rent for the allotment of Corporation accommodation:
•••• 0 •••••• •• •••••••••••• • •••• • ••••••••••• •• 0 •••• ~ ........... 0 • ••••••••••• 0 • • •••••••••••••••• • ••• 0 • 0 • • •••••• ••••••••••••
(iii) Other dues, if any:
····· ········· ··· ·················· ····· ············ ··········· ··· ········· ····· ······ ··································
24. Whethr.r nomination made for-
(i) Death-cum-retirement gratuity:
... .............. .................................. ~ ... .... ........................................... ... ... ... ... .. .. . .
25. Whether Family Pension Scheme are applicaqle to the employee, and if so :
(i) Pay rec koning for the Family Pension :
················ ······ ······ ······ ········ ································ ·· ··· ······· ··················· ················ · (i1) The amount of the Fa mily Pension becoming payable to the family of the employee, if dea th takes place after retirement: . . . .
THE ASSAM GAZETTE EXTRA9RDINARY, OCTOBER 15, 2015 1417 ~
(iii) co plete a n d up-to-d a te details of family as given in Form 1-A. I" Sl r ------ . ·- I Relationship with ·th~l ' N( 101 ·. +---Na~~ ~~~(-2b_1 e_~_·s_o_r_r_a_m_i_ly _ _ 4 _o_ a_te_o_f-:-b- ir __ th-t-- - --.. Emp_(~~yee ~ ~1 l------ -- ---1~-- ----~--- . r----· -- -- - --- --- - - - - .
~-~· ~~ ·- .. -~- .. --· t -~-_:_--------1 :
t-·--- -· . ---------- ----~-------+-:
~~ ~-~==~ ' 7. [ --- ---.. ·- ·---·--..
~~-· :: -.. ~=~--~=~:-------~~--~-·~===·===='------!· ~-~~- ____ .. _ _ L _ - · -·-
26. Heigh t:
27. tdenrifi.cation ma rks:
28 . Place of paym ent of\ pen s ion Bran ch of Public Sector Ba nk:
29 . Head of Account to which pension and gratuity are debitable:
Signature Date Designation (Head of Office) 1418 THE ASSAM GAZETTE EXTRAORDINARY, OCTOBER 15, 2015
PART-ll SECTION- I ACCOUNTSENFACEMENT 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, with reasons for disallowances, if any (other than disallowances indicated Part-I of this Form). ·
2. Amount of superannuation or retiring or invalid or compensation or compulsory reti ement pension or gratuity that has been admitted·.
3. Thel date from which superannuation or retiring' or invalid compensation or compulsory retirement pension or gratuity is admissible. '
4. He~d 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 becoming payable to the entitled members of the family in the event of death of the employee after retirement, · SECTION II r ~:_1 N~:~of 0-Employee -+------
2. Class_ofpen~ion or L gra,tu1ty:
--, I - - -----!
1-3-. -!l~A-moUJ~~ pen;i~---· -· -- -, --- - ------.- ,--·- ---------- authonzed:
~~ ~ounto_f _g--ra_t_u_i-~--------- 1 i authorized:
I I 5 . To;~~ ~f com-;-ence~;~t of +-·- ----- ____ .. _____________________ _ 1 pension:
~Amount of family pension I 1 in ~he event of death after rebr~ment:
I l ----1 I /7.1 The amount of celief · I- admissible on pension:
; 8. The Corporation 9ues -+----·------------------- --------- I recoverable out of the ; gratuity before ~~-i ;~~:~~~~i~~ ~:;;;ent:
I deposit or the amount of -------- ------ gratuity held over for adjustment of unassessed ___ j __ C<?_!'poration dues..:_ ____ -+------------------ 10 I Date on which the --~ I pension papers received __j_J?y_ the Accounts Officer:
-------~--~----------- ---------------------------------1 FORM NO. 3 FORM OF APPLICATION FOR THE GRANT OF THE DEATH-CUM RETIREMENT GRATUITY ON THE DEATH OFA EMPLOYEE (TO BE FI LLE O IN SEPARATE LY 13Y E ACH APPLICANT)
1. Name of th e Applicant : .. .......... .. .. ....... .... . .. . ..... .. .... .. .... .. ... . .... .. .. ... ... .... .. .... .. .
2 . {i) Na m e of tl1 c guardian in case the a pp lican t is a m inor:
(ii) Dale of bir th o f guardian: ... .. .. / ... .... / .... .. ... .
3 . Date of the deceased Employee: .. .. .. . { .... ... /. ... .. .. ..
4 . Date of deaLh of