STATUTE FOR GRANT OF RETIREMENT BENEFITS TO THE EMPLOYEES OF 8 DEGREE LEVEL DEFICIT GRANT MINORITY COLLEGES IN THE STATE OF JHARKHAND (Notified by the Department Vide Letter No. 5/बि०1- 58/2004-1236 Dated 26.04.2017) This Statute was approved by the consent on 22.03.2017 and assisted by the Hon’ble Governor-cum-Chancellor which was communicated vide Letter No. 1177/jk0l0 dated
17.04.2017.
(As per the Resolution no 1470 dated 19.12.2012 of the Human Resource Development Department)
1. Definition - "8 degree level deficit grant Minority Colleges" mean (i) Yogoda Satsanga Mahavidyalaya, Ranchi (ii) Nirmala College, Ranchi (iii) St. Xavier's College, Ranchi
(iv) Gossner College, Ranchi (v) Maulana Azad College, Ranchi (vi) Karim City College, Jamshedpur (vii) Gurunanak College, Dhanbad (viii) Paramveer Albert Ekka College, Chainpur, Gumla, that are established and managed by religious and linguistic minorities and are already in receipt of deficit grant from the State Govt. of Jharkhand.
(a) "University means the Ranchi University, Ranchi; Vinoba Bhave University, Hazaribag and Kolhan University, Chaibasa.
(b) "Emoluments" means the emoluments which the employee was receiving immediately before the date of his/her retirement or relinquishment of service and includes:-
(i) "Pay" as defined in sub- clause (g) of this Statutes.
(ii) Such portion of dearness allowance as is reckoned as pay for purpose of calculation of pension in case of State Government employees.
(iii) Such other emoluments which shall be specially allowed to be reckoned as pay for the purpose of pension by the State Government.
Provided that if immediately before retirement or relinquishment of service, an employee has been absent from duty on leave with allowances, his emoluments for the above purpose shall be taken at what they would have been had he not been absent from duty. However, the amount of pension including family pension and gratuity will not be increased on account of increase in pay not actually drawn and the benefit of higher officiating or temporary pay will be given only if it is certified that the employee would have continued to hold the higher officiating or temporary appointment but for his/her proceeding on leave.
Notwithstanding the above, if an employee on leave on average pay in the first four months earns an increment, which is not withheld, he/she shall be entitled to count the pay which he/she would have drawn had he/she remained on duty.
If an employee immediately before his/her retirement, or death while in service was absent from duty being on extraordinary leave or under suspension. " Pay will continue to mean the pay which he/she drew immediately before proceeding on such leave or suspension.
(c) "Average emolument" means the average of the emoluments as defined above, calculated in last 10 months of service in respect of those who retire on or after
19.12.12.
(d) "Family"- Family for the purpose of General Provident Fund and Contributory Provident Fund means the husband/ wife or wives, as the case may be, and children of a subscriber, and the widow or widows, and children of a deceased son of the subscriber.
Explanation - An adopted child shall be considered to be a child if the Vice-Chancellor is satisfied that under the personal law of the subscriber such adoption is legally recognized conferring the status of an adopted child.
(e) "Fund" Means the Generally Provident Fund, and PF-Pension-Gratuity fund of the college.
(f) "Leave" means any kind of leave recognized by the University and provided in the leave Statutes.
(g) "Pay" means the amount drawn monthly by an employee as pay which has been sanctioned for the post held substantively or in an officiating capacity and includes only " Band pay plus Grade Pay" or as it is fixed in the case of Govt. employees of the States.
(h) "Qualifying service" means service rendered while on duty or otherwise, which shall be taken into account for the purpose of pension and gratuity as admissible to the employees of university and constituent college.
(i) "Secretary" Means the Secretary of Governing body of 8 degree level deficit grant Minority Colleges in the State of Jharkhand whose duty has been defined in the Statutes.
(j) "Employees" Mean all those persons (teaching and non- teaching) who are in the whole-time employment to the 8 degree level deficit grant Minority Colleges appointed before 01.12.2004 and already in receipt of deficit grant for his/her salary from the State Government of Jharkhand.
2. Application of Statutes - This statutes shall apply to whole time employees belonging to such teaching or non- teaching staff of the 8 degree level deficit grant Minority colleges who were in service on 19.12.12 against the sanctioned post with finance and already in receipt of deficit grant for his/her salary form the State Government of Jharkhand.
Provided that such teaching and non- teaching employees appointed on or after 01.12.2004 shall be governed by the New Pension Scheme of the State of Jharkhand.
3. Regulation of Pension- Pension (PF-Pension-Gratuity) Gratuity computation of Pension and Family Pension of such employees of 8 degree level deficit grant Minority colleges who have been appointed prior to 01.12.2004 shall be regulated in the same manner as, has been regulated in respect of employees of University and Constituent Colleges.
Provided that employees of the college shall have to deposit employer's contribution towards PF along with interest thereon in cash or adjustment from the amount of gratuity in the college that amount shall have to be deposited in such account of the State Government which shall be fixed by the State Government.
4. If any question arises relating to interpretation of this Statute, it shall be referred to the Chancellor whose decision thereon shall be final.
5. Creation of Funds-
(i) The Governing body of the college shall create appropriate funds as per direction of the State Government to run the Pension schemes for the teaching and non- teaching employees appointed on regular basis against sanctioned post with finance prior to
01.12.2004 Employees appointed on or after 01.12.2004 shall get the benefits of New Pension scheme from the fund to be created by the college as per direction of the State Government of Jharkhand.
(ii) General Provident Fund - General Provident Fund Account should be maintained and managed by the concerned college through its DDO/Accounts Officer according to GPF Rule of the State Government provided that the Provident Fund of such employees who have appointed on or after 01.12.2004 shall be regulated in accordance with the provisions, made for the purpose, in the New Pension Scheme of the State Govt. of Jharkhand.
6. Commutation of Pension - Commutation of Pension to 8 degree level deficit grant Minority Colleges shall be regulated in the same manner as has been regulated in the case of employees of University and Constituent Colleges.
7. This Statutes comes into force with effect from 19.12.2012.
Sd/- (Ajoy Kumar Singh) Secretary