THE VICE-PRESIDENT'S PENSION ACT, 1997 ARRANGEMENT OF SECTIONS SECTIONS
1. Short title.
2. Pension to retiring Vice-Presidents.
3. Medical facilities to the family of deceased Vice-President.
3A. Free accommodation to spouse of Vice-President.
4. Pension to be charged on the Consolidated Fund of India.
5. Powertomake rules.
6. Power to remove difficulties.
1 THE VICE-PRESIDENT'S PENSION ACT, 1997 ACT NO. 30 OF 1997 [IZthMqy. 1997.]
An Act to provide for the payment of pension and other facilities to retiring Vice-Presidents.
BE it enacted by Parliament in the Forty-eighth Year of the Republic of India as follows:-
1. Short title,—This Act may be called the Vice-President's Pension Act, 1997.
2. Pension to retiring Vice-Presidents.-(/) There shall be paid to every person who ceases to hold office as Vice-President, either by the expiration of his term of office or by resignation of his office, a pension '[at the rate of fifty' per cent, of the salary of the Vice-President] per month, for the remainder of his life:
Provided that such person shall not be entitled to receive any pension during the period he holds the office of the Prime Minister, a Minister or any other office or becomes a Member of Parliament and is in receipt of salary and allowances which are defrayed out of the Consolidated Fund of India or the Consolidated Fund of a State.
*[(1A) The spouse of a person whodies-
(a) while holding the office of Vice-President, or
(b) after ceasing to hold office as Vice-President either by the expiration of his term of office or by resignation of his office, shall be paid a family pension at the rate of fifty per cent, of pension as is admissible to a retiring Vice-President, for the remainder of her life.]
(2) Subject to any rules that may be made in this behalf, every such person shall, for the remainder of his life, be entitled- 1[(a) to the use without payment of rent of such furnished residence (including its maintenance), as the Central Government may determine from time to time,]
(b) to the use of similar telephone facilities at his residence, as a member of Parliament is entitled to under the provisions of the Salary, Allowances and Pension of Members of Parliament Act, 1954(30 of 1954);
4[(c) to secretarial staff consisting of a Private Secretary, an Additional Private Secretary, a Personal Assistant and two Peons and office expenses not exceeding s[ninety thousand rupees] per annum,]
1. Subs, by Act 29 of 2008, s. 2, for "of twenty thousand rupees" (w.e.f. 1-1-2006).
2. Ins. by Act 23 of 2002, s. 2 (w.e.f. 5-7-2002).
3. Subs, by Act 45 of 1999, s. 2, for clause (a) (w.e.f 30-12-1999).
4. Subs, by Act 29 of 2008, s. 2, for clause (c) (w.e.f. 30-12-2008).
5. Subs, by Act 13 of 2018, s. 204, for "sixty thousand rupees" (w.e.f. 1-4-2018).
2 {d) to the same facilities for himself as respects medical attendance and treatment and on the same conditions as a retired President is entitled to under the provisions of the President's Emoluments and Pension Act, 1951(30 of 1951);
(e) to the same facilities for his spouse and minor children as respects medical attendance and treatment and on the same conditions as the spouse of a retired President is entitled to under the provisions of the President's Emoluments and Pension Act, 1951(30 of 1951):and '[(/) to travel anywhere in India, accompanied by spouse or a companion or a relative, by the highest class by air, rail or steamer;]
"[(3) Where any such person is re-elected to the office of Vice-President, he or his spouse shall not be eligible to any benefit under this section for the period during which such person again holds such office.
(4) Where any person being a Vice-President gets elected to the office of the President of India, he or his spouse shall not be eligible to any benefit under this section]
3. Medical facilities to the family of deceased Vice-President.-Subject to any rules that may be made in this behalf, the spouse of a person who dies while holding the office of Vice-President shall, for the remainder of life, be entitled to medical attendance and treatment, free of charge.
J[3A. Free accommodation to spouse of Vice-President-Subject to any rules that may be made in this behalf, the spouse of a person who dies-
(a) while holding the office of Vice-President, or
(b) after ceasing to hold office as Vice-President either by the expiration or his term of office or by resignation of his office, shall be entitled to the use of 4[furnished residence (including its maintenance)] without payment of licence fee, for the remainder of her life.]
4. Pension to be charged on the Consolidated Fund of India.-Any sum payable under this Act shall be charged on the Consolidated Fund of India.
5. Power to make rules.-(i) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case maybe: so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
s[6. Power to remove difficulties.—(i) If any difficulty arises in giving effect to the provisions of this this Act as amended by the Vice-President's Pension (Amendment) Act, 2008 (29 of 2008), the Central Government may, by order, do anything not inconsistent with such provisions for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiration of two years from the date on which this Act comes into force.
(2) Every order made under sub-section (1) shall be laid before each House of Parliament.]
1. Subs, by Act 45 of 1999, s. 2, for clause (/)(w,e.f. 30-12-1999).
2. Ins. by s. 2, ibid, (w.e.f. 30-12-1999).
3. Ins. by Act 23 of 2002, s. 3 (w.e.f.5-7-2002).
4. Subs, by Act 29 of 2008, s. 3, for "unfurnished residence" (w.e.f 30-12-2008).
5. Ins. by s. 4, tfirf. (w.e.f. 30-12-2008).
3 4 JVHMISTRV OF gnwv. AFFAIRS TMnTiFlCATION New Delhi, the 30,h March. 1990.
C,,,N, m ® - r ttZ^gtiZ^*^ Presidents Pension Act, 1997. {M Qfi h following rules namely :- i , n These rules may be called the Vfcc- !. short title and commenccmen t - <J ) ^ m President's Pension, Housing and Othe. ln#m
(2)They « , co,™ « to. o„ *. a* or *« * * * - m » OHM Gazette.
m these rules unless the context otherwise requires. - 2 Definitions - In these ruiu>, wu«* of his office;
.sassriss"--—- . n,' include medical consultation, hospitalisation.
( c ) medical attendance and « W ^ ^ » " ^ o the i- melhods of examination c o s l of medicines, clinica 1 and p**&&» £ £ * * , m a y require:
and surgical operations, which the lUneu q M ree i s tered medical practitioner practicing an> ( d) 'medical attendant' means any leg.siued system of medicine;
services; and - s s i K s r s s r S2r.w Government servant. ^ 3 The Ra]ya Sabha S«* J-ngJ S ^ S ^ i ^ ^ delude the amount of pension and othe, lauht,e.
his spouse shall be entitled.
5 •,i \ t* Secretarial staff consisting - U, m A retired Vice-Preside,,. * * * £ % ? ? £ £ M M * ' » S O T l " „ ehar.es ^ > * J ^ S S S ^ 5 f g Public Sector Undertaking. ^ ^ M , ,,lired W M ^ *» be «*< ^JST^mf i n „u,ia. without payment ol water ^ , , W a, places where Covernntcrn ^ £ 2 * % 7 m h l * « W » - (Directorate ot Estates) w residence ^allottea LC|ephone at his asssssasst-*-'; ., „., asasssassw——;
1 41 ^Substituted viae mnn..
http://ehar.es 6 ""d * * ^ ' , ,- ,d 4 W W W for the maintenance of secretarial stall ana L*H I „<«t!nkH - ** " * " l"e q U U e a ' . f f e c t t h a t & amount so far drawn lias oecu >»*F . r „, I retired Vice-President ,n Fo.m-l »n rife survtvittg spouse pi a pen*" d y ; „ s while holding the ott.ee oi V,ee Pte. _ p - a t o r <-. , ,„ ,„ the eveo, ot'a person dying ^ J * * £ * £ £ , (hereafter. in Ms , I office the surviving spouse ol such V ee w t h o u t lite of such spouse., allotted to the size, the highest type ot aeeomn ^ ^ W A t places where suitable % » £ £ £ & £ , he ta.en on lease to m e t r e s - , k*ll he allotted to the surviving ^.SSBSSSSSSSS-. — in that particular place.
P* i J Substituted vide MHA LMOI.
http://ott.ee 7 use of such spouse and the same j j r s r - a = - - ' - .—> be eiuied to .edieal attendance and treaty. . ^ ^ ol- simi,ar nature ( ) request received from thedigmtary.
d i 8 n i t a r y ' } n he borne by the Central practitioner in connection;w the me e n t o n prodjictjon ot a « « . * » y President shall be borne by the Le ^ ^ m , l n ^ case ot a U officers belong to a swic f r o m the Central Government. ^ ^ ^ ^ _ ^ (^ ^ production ot a certificate by ^ ^ ^ ^ ^ ' a L _ ^ _ — — - ^ * , A 10 2-2009 [G.S.R. No.*9(E)l _ _ — - — T7 • „ u f t K1/19/96-M&G dated IO-2-^w/|v> final.
8 FORMAL c i 41 ) drawn bv me during the W E S a m ° - ° - " e x p = n ( a R £ r A h e ' m - e , i a n c c oV * » — > Signature Date:
Place ;
t P o n . o r c e r t H ^ t e ' ^ e ^ d V i n r u ^ a n d r u ^ ) ) drawn bv me has been Certified that tbe amount o f ^ - - ^ X a i m e n t / a t t e n d a n c e / c o n s a l t a t i o n .
expended in connection with my/my spouse med, ^ m t e , ' l Date :
Place :
F O R M ^ U i (Form of certificate referred torn rule 7) ) drawn by me on Certified that the amount of Rs — , ^ y medica'l attendant/specialist/ Place :
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(iii) OT.3T A #. 89(sr) ^T^w 10 <J^r*t, 2009 MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 24th May. 2018 G.S.R. 487<Et.—!n exercise of the powers conferred by subjection (il of section 5 of the Vice-President's Pension Act. 1997 [30 of 1997). the Central Government hereby makes the following rules further to amend the Vice- President's Pension, Housing and Other Facilities Rules. 1999, namely:-
1. Short title and commencement -
(1) These rules may be called the Vk-c-Preside tit's Pension. Housing and Other Facilities (Amendment) Rules. 201S.
(2) They shall come into force on the date of their publication in Ihe Official Gazette.
2. EH the Vice-President's Pension, Housing and Other Facilities Rules. 1999. in rule 4. in suh-iulu (i i, lor clause
(b). the following clause shall he subsiituted and shall be deemed to have been substituted with effect from the 1st day of April, 2018.
"lb) during each financial year, an amount not exceeding Rs, 90,000/- (Rupees ninety thousand only) shall be paid to every retired Vice-President towards the actual charges incurred h) him on account of office expenses".
IF. No. I/I/2016-M&CJ S. K. SHAM. JL Secy.
Note: The principal rules were published in the Gazette of India, vide number G.S.R. 228(E), dated the .Viih March 1499 and subsequently amended vide the following notification numbers— ii) No. G.S.R. 222(E), dated the 6th March 2000, lii) No. G.S.R. 548(E), dated the 5th August. 2002 and iiii) No. G.S.R. 89(E), dated the 10th February, 2009.
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%^ -atn^ i i ^ +n*ffl WSRW arftwitft qft ^m f̂ ^ ^ \ - faffrg? ti^iRi ^qftyrf%%n-qnrtt ^t, -J^A RHI mi «<*t B. f*i*T>T s if ftm 7 w w ^T- i ^ f? •en ^nptfti ^ TO$T i r m ^ f t ^mft • , ^ t WT^ff»ti ^ ^T ^"-ift^ m * R TITO TJIH ft^H ̂ THJTTII %Pt^ i i t im f *w^Tws^ t f t «T f ^irfffipS%^*Wf m aiynprT - ^ "̂ - ^ B̂ftnnJ 1HP5T T M t, tit -T& M t a ^ [ * R *t Piflf̂ ^t mn̂ ft Î Rr TC "3fl«pr f*rPr?qq sTfirTftTn •^•^Tfapf^ ^Rrfrai^ TR, w t ($*(?( TKIWR wft̂ i w i •BFWI2 TPTTPW ftmi "amn f ft? ift BW ftffret ^m T'rt ¥RTPtR TTiftlS WIT Awi n—taps 3(03 r̂or̂ FTTrmi) R̂tPfRT fart w?n t % ^ srn 'rrei '1^ Ftoneft^ TT^ ^WJT atfr Ttftr faforcfK wr?fnftwqf/ FHrrarc AiAta "WH "'* MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 30th March, 1999 G.S.R. 128 (E).—In exercise of the powers conferred by section 5 of the Vice-President's Pension Act 1997, (30 of 1997), the Central Government hereby makes die following rules namely :— Short Title and Commencement
1. (1) These rules may be called the President's Pension, Housing and Other facilities Rules, 1999,
(2) They shall come into force on the date of their publication in the Official Gazette.
Definitions
2. In these rules, unless lie contexi otherwise requires,—
(a) 'retired Vice-President' means a person who ceased to hold office as the Vice-President of India cither by the expiration of his term of office or by resignation of his office;
(b) 'secretarial staff'means any person or persons who may be employed by the retired Vice-President in connection with secretarial work;
(c) 'medical attendance and treatment' include medical consultation, hospitalisation, cost of medicines, clinical and pathological tests, other methods of examination and surgical operations, which the retired Vice-Presiden;
may require;
(d) 'medical attendant' means any registered medical practitioner practising any system of medicine;
(e) 'regular medical attendant' means a medical attendant who may be nominated by the retired vicepresident for regular medical attendance and treatment;
(f) 'travelling expenses' means—(i) in the case of Government medical officers, such travelling and other allowances as may be admissible to them under die rules of their service; and
(ii) in the case of persons other than Government Medical Officers, expenditure incurred on travel not •wwitmui exceeding the maximum amount admissible to a Group A Government servant
3. The Rajya Sabha Secretariat shall issue the pension payment order which shall include the amount of pension and other facilities to which die retired Vice-President and his spouse shall be entitled.
4. 1(a) A retired Vice-President shall be entitled to Secretarial staff consisting of a Personal Assistant and a Peon and shall be paid actual charges incurred by him for the maintenance of such secretarial staff:
Provided the charges payable to the secretarial staff shall not exceed the pay and allowances admissible to the corresponding posts in the Government of India. The Secretarial Staff shall be drawn from outside the Government of India/State including any Public Sector Undertaking.
(b) During each financial year, an amount not exceeding Rs. 6,000/ (Rupees six thousand only) shall be paid to every retired Vice-President towards the actual charges incurred by him on account of office expenses.
(c) A retired Vice-President shall be entitled without payment of rent to the use of a furnished residence as mentioned in sub-rule 1(d) at the station of his choice, any where in India, without payment of water and electricity charges for the remainder of his life.
(d) At places where Government owned accommodation is allotted to a retired Vice-President, the size of die residence shall be comparable to a residence to which a Deputy Minister in the Union Council of Ministers is entitled to and it the highest type of Government residence available at a particular place is smaller in size than a residence allotted to a Deputy Minister in the Union Council of Ministers, the highest type of accommodation available at that place shall be allotted to a retired Vice-President. At places where suitable Government residence is not available for allotment to a retired Vice-President, the size of residence to be taken on lease to be provided to a retired Vice-President shall have a living area not exceeding 2000 square feet
(e) The value of the furniture and electrical appliances provided free of rent in a residence allotted to the retired Vice-President shall not exceed the monetary limit prescribed for supply of furniture and electrical appliances provided free of rent in a residence entitled to a Deputy Minister in the Union Council of Ministers.
(f) A retired Vice-President shall be entitled to the use of a telephone at his residence as admissible to a Member of Parliament as provided under the Housing and Telephone Facilities (Members of Parliament) Rules, 1956 :
Provided that the number of free telephone calls including adjustment towards trunk calls shall be the same as is admissible to a Member of Parliament from two THE GAZETTE OF INDIA : EXTRAORDINARY telephones pooled together and provided to him one at his residence/office in Delhi/New Delhi and the other at usual place of resideuce/constituency/State.
(g) A retired'Vice-President shall be entitled in a 'calender' year to twelve single journeys by air, in the executive class accompanied by his spouse anywhere in India.
(2) At the initial appointment of the secretarial staff, information regarding the persons employed, their emoluments and the periods of their employment shall be furnished to the Central Government. All subsequent changes shall also be intimated as and when they occur.
(3) The actual charges claimed by the retired Vice- President for the mamKnance of secretarial staff and'for the office expenses shall be drawn in the from of simple receipt as and when required.
(4) At intend of each year, a certificate to the effect that the amount so far drawn has been expended for the purpose for which it had been drawn, shall be given by the retired Vice-President Fonn-I.
Medical Attendance and Treatment 5 A retired Vice-President shall be entitled to medical attendance and treatment at his residence, or at the clinic, nursing home or institution of similar nature or consulting room of the medical attendant in India.
6 All expenses incurred which is referred to in rale 5 shall be borne by the Central Government on production of a certificate by the retired Vice-President in Form-It.
Travelling Expense*
7. Any travelling expenses incurred by the retired Vice- President OT the medical attendant or regular medical attendant or specialist or medical practitioner in connection with the medical attendance and treatment of the retired Vice-President shall be borne by die Central Government on production of a certificate by the retired Vice-President in Form-UI appended to these rules. In the ca$e of a Government medical officer who may perform journeys to attend on the retired Vice-President, the travelling expenses may be drawn by him through the usual Government channels. If the officers belong to a State Government, the latter may claim reimbursement of the cost from the Central Government.
Application of rule* 5 to 7 to the spouse of a retired Vice- President etc
8. (1) The provisions of rules 5 to 7 shall, so far as may be, apply to the spouse of a retired Mce-Presidcnl and to the surviving spouse of a person who dies, white holding the office of the Vice-President or thereafter.
(2) All e^nse s under this rule, shall be borne by the Central Government on production of a certificate by the spouse in Porm-11 or Form-Ill, as the case may be.
(PART H—SEC. 3<i)J Interpretation and removal of difficulty 9, If any question arises relating to the interpretation of these rules or any difficulty arises in complying with the provisions of these rules, it shall be referred to the Central Government whose decision thereon shall be final.
FORM-I [Form of certificate referred to in sub-rule (4) of rule 4J Certified that the amount of Rs.
(Rupees — _ \ drawn by me during the year ending31st March, 19 has been expended on the maintenance of nay secretarial staff and the office expenses thereof.
Signature:
Date:
Place :- FORM-H (Form of certificate referred to in ruie 6 and rule 8) Certified that the amount of Rs.
(Rupees — ) drawn by me has been expended in conneaction with my/ my spouse medical treatment/attendance/consultation.
Signature:
Date:
Place :— FORM-IH (Form of certificate referred to in rule 7 ) Certified that the amount of Rs. (Rupees -) drawn by me on account of travelling expenses has been incurred by me/my medical attendant/specialist/medical practitioner in connection with medical consulialion/aaendarjce/treatmeiit Signature:
Date ;
Place [F. No. 1W97-M&G] VK. MALHOTRA, Jt. Secy.
Printed Ivy tb« MattBKsr, Oovt, of Indie Press, Ring Road, Mayapuri. Mew Delhi-110064 ind PubWW by ihe Cowrollwof PuMioetiow, DdW-llOOM file://'/qpe-Eresident NOTIFICATION New Delhi, the 10th February, 2009 GAR. 89(E),—In exercise of die powers conferred by sub-section (1) of Section 5 of the Vice-President's Pension Act, 1997 (30 of 1997), tint Central Government hereby makes tie following rules further to amend the Vice-President's Pension, Housing end Other Facilities Rules, 1999, namely:—
1. (1) These rules maybe called the Vice-Presidenfs Pension, Housing and Other Facilities (Amendment) Rules,
2009.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Vice-President's Pension, Housing and Other Facilities Rules, 1999, (hereinafter referred to as the said rules), in rule 4, in sub-rule (1), for clauses (a), (b) and
(d), (he following clauses shall, respectively, be substituted, namely:— "(a) A retired'Vicef-President shall be entitled to secretarial staff consisting of a Private Secretary, an Additional Private Secretary, a Personal Assistant and two Peons and shall be paid actual charges incurred by him for the maintenance of such secretarial staff;
(b) during each financial year, an amount not exceeding Rs. 60,000 (Rupees sixty thousand only) shall be paid to every retired Vicepresident towards the actual charges incurred by him on account of office expenses;
(d) at places where Government owned accommodation is allotted to a retired Vice- President, the residence shall be a Type-vni bungalow, and if the highest type of Government owned accommodation available ataparticularplace is smallerinsize as compared to a Type-VUl bungalow* the highest type of accommodation available atwatplace shall be allotted to the retired Vice-President and at places where suitableGovernment residence is not available for allotment to a retired Vice- President, the size of residence to be tafcen on lease to be provided to a retired VicePresident shall have a living area not exceeding 2000 square feet for which the Ministry of Urban Development (Directorate of Estates) shall be responsible for providing the said accommodation (including hired accommodation).".
T*pm-*i*3a)J v̂ ' I W ^ I WRf ;5raMR"r
3. m the said rules, fe rule 4A, for sub-rule (I), the following sub-rule shall be substituted, namely:— "(1) hi the event of a person dying while holding the office of Vice-President or after demitting file office, the surviving spouse of such Vice- President (hereafter, in this rule, referred to as the surviving spouse) shall, subject to sub-rule
(4), be entitled, whftout payment of licence fee, to the use of furnished residence anywhere in India at the choice of such spouse, without payment of water and electricity charges, for the remainder of the life of such spouse.".
4. m'me$aidrdes,fornde5,mefcUowmgnileshalI be substituted, namely:— "5, Meda^lattendanraand treatment—(l)Aretired Vfoe-Presid^tsb^lr«entttledtornedicalattendaiice and treatment,
(a) .athi3residefnce!orattheclinic)nursjnghoineor institution of similar nature or consulting room of the medical attendant in India; and <b) byarouDd the clock personal physician attached to him based on need and request received from die dignitary.
(2)The surviving spouse of a deceased Vice- President shall, for the remainder of his life, be entitled to medical attendance and treatment, free of charge, by a round the clock personal physician attached to him based on need and request received from the dignitary.".
flF.No.I0/19/96-M&G] MRMAUEE-T SINGH KALSI, ft. Secy.
Note:— The principal rules were published in the Gazette oflndia vide notification number G.S.R. 228(E), dated the 30 March 1999 and subsequently amended vide G.S.JL 222(E) dated the 6th March 2000,G.SJL 548(E), dated the5thAugust2002.
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