Amendment to CCS (Pension) Rules, 1972 – Notification

Amendment to CCS (Pension) Rules, 1972 – Notification

No. 1/19/2013-P&PW (E)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners’ Welfare
(Desk E)

3rd Floor, Lok Nayak Bhawan,
KhanMarket, New Delhi
29th August, 2014

To,

The Manager,
Govt. of India Press,
Mayapuri, Ring Road,
New Delhi-110064

Sub: Amendment to CCS (Pension) Rules, 1972 – Notification regarding

Sir,

I am to forward herewith a copy of Notification (English & Hindi versions) on the above subject and to request that the same may be published in the Gazette of India (Extraordinary) Part II, Section 3, sub-section (i).

2. The Notification has been signed by Joint Secretary (Pension).

Encl: As Above.

Yours faithfully,
sd/-
(Sujasha Choudhury)
Deputy Secretary

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,
SECTION 3, SUB – SECTION (i)]

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Pension and Pensioners’ Welfare

NOTIFICATION

New Delhi, the 29th August, 2014

G.S.R………… (E). – In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Pension) Rules, 1972, namely:

1.

(1) These rules may be called the Central Civil Services (Pension) Fourth Amendment Rules, 2014.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Pension) Rules, 1972, (hereinafter referred to as the said rules),

(a) in rule 32,–

(i) in the marginal heading, for the word “or”, the word “and” shall be substituted;
(ii) in sub-rule (1), for the word “or”, the word “and” shall be substituted;
(iii) after sub-rule (1), the following shall be inserted, namely:
“(1A) For the purposes of verification of service, the Head of Office shall follow the procedure provided in clause (a) of rule 59.”;

(b) in the said rules, in rule 56, for sub-rule (1) and sub-rule (2), the following sub-rules shall respectively be substituted, namely:

“ (1) Every Head of Department shall have a list prepared every three months, that is, on the 1st January, 1st April, 1st July and 1st October each year, of all Government servants who are due to retire within the next twelve to fifteen months of that date.
(2) A copy of every such list shall be supplied to the Accounts Officer concerned not later than 31st January, 30th April, 31st July or 31st October, as the case may be, of that year.”

(c) in the said rules, for rule 57, the following rule shall be substituted, namely:

“57. The Head of Office shall write to the Directorate of Estates at least one year before the anticipated date of retirement of the Government servant who was or is in occupation of a Government accommodation (hereinafter referred to as the allottee) for issuing a `No demand certificate’ in respect of the period preceding eight months of the retirement of the allottee.”

(d) in the said rules, in rule 58, for the words “two years” the words “one year” shall be substituted;

(e) in the said rules, for rule 59, the following rule shall be substituted, namely:-

“59. Stages for the completion of pension papers on superannuation. – The Head of Office shall divide the period of preparatory work of one year referred to in rule 58 in the following three stages, namely:–

(a) First Stage. – Verification of service. –

(i) The Head of Office shall go through the service book of the Government servant and satisfy himself as to whether the certificates of verification for the service subsequent to the service verified under rule 32 are recorded therein.

(ii) In respect of the unverified portion or portions of service, he shall verify the portion or portions of such service, as the case may be, based on pay bills, acquittance rolls or other relevant records such as last pay certificate, pay slip for month of April which shows verification of service for the previous financial year and record necessary certificates in the service book.

(iii) If the service for any period is not capable of being verified in the manner specified in sub-clause (i) and sub-clause (ii), that period of service having been rendered by the Government servant in another office or Department, the Head of Office under which the Government servant is at present serving shall refer the said period of service to the Head of Office in which the Government servant is shown to have served during that period for the purpose of verification.

(iv) On receipt of communication referred to in sub-clause (iii), the Head of Office in that office or Department shall verify the portion or portions of such service, in the manner as specified in sub-clause (ii), and send necessary certificates to the referring Head of Office within two months from the date of receipt of such a reference:

Provided that in case a period of service is incapable of being verified, it shall be brought to the notice of the referring Head of Office simultaneously.

(v) If no response is received within the time referred to in the preceding subclause, such period or periods shall be deemed to qualify for pension.

(vi) If at any time thereafter, it is found that the Head of Office and other concerned authorities had failed to communicate any non-qualifying period of service, the Secretary of the administrative Ministry or Department shall fix responsibility for such non-communication.

(vii) The process specified in sub-clauses (i), (ii), (iii), (iv) and (v) shall be completed eight months before the date of superannuation.

(viii) If any portion of service rendered by a Government servant is not capable of being verified in the manner specified in sub-clause (i) or sub-clause (ii) or sub-clause (iii) or sub-clause (iv) or sub-clause (v), the Government servant shall be asked to file a written statement on plain paper within a month, stating that he had in fact rendered service for that period, and shall, at the foot of the statement, make and subscribe to a declaration as to the truth of that statement.

(ix) The Head of Office shall, after taking into consideration the facts in the written statement referred to in sub-clause (viii) admit that portion of service as having been rendered for the purpose of calculating the pension of that Government servant.

(x) If a Government servant is found to have given any incorrect information willfully, which makes him or her entitled to any benefits which he or she is not otherwise entitled to, it shall be construed as a grave misconduct.

(b) Second Stage. – Making good omission in the service book. –

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

(ii) Every effort shall be made to complete the verification of service, as specified in clause (a) and to make good the omissions, imperfections or deficiencies referred to in sub-clause (i).

(iii) Any omission, imperfection or deficiency which is incapable of being made good and the periods of service about which the Government servant has submitted no statement and the portion of service shown as unverified in the service book which it has not been possible to verify in accordance with the procedure laid down in clause (a) shall be ignored and service qualifying for pension shall be determined on the basis of the entries in the service book.

(iv) For the purpose of calculation of average emoluments, the Head of Office shall verify from the service book the correctness of the emoluments drawn or to be drawn during the last ten months of service.

(v) In order to ensure that the emoluments during the last ten months of service have been correctly shown in the service book, the Head of Office may verify the correctness of emoluments only for the period of twenty-four months preceding the date of retirement of a Government servant, and not for any period prior to that date.

(c) Third Stage. – As soon as the second stage is completed, but not later than eight months prior to the date of retirement of the Government servant, the Head of Office shall –

(i) furnish to the retiring Government servant a certificate regarding the length of qualifying service proposed to be admitted for the purpose of pension and gratuity and also the emoluments and the average emoluments proposed to be reckoned for retirement gratuity and pension.

(ii) direct the retiring Government servant to furnish to the Head of Office the reasons for non-acceptance, supported by the relevant documents in support of his claim within two months if the certified service and emoluments as indicated by the Head of Office are not acceptable to him.

(iii) forward to the retiring Government servant Form 5 advising him to submit the same duly completed in all respects so as to reach the Head of Office not later than six months prior to his date of retirement.”

(f) in the said rules, after rule 59, the following rule shall be inserted, namely:

“59-A. A Government servant, retiring for reasons other than superannuation may, submit Form 5 before such retirement but after the competent authority has approved such retirement or the retirement has become effective, as the case may be.”;

(g) in the said rules, for rule 60, the following rule shall be substituted, namely:

“60. Completion of pension papers. – In cases under rule 59, the Head of Office shall complete Part I of Form 7 not later than four months before the date of retirement of a Government servant and in cases under rule 59-A, the Head of Office shall complete Part I of Form 7 within three months after submission of Form 5 by a Government servant.”;

(h) in the said rules, in rule 61, –

(i) sub-rule (3) shall be omitted;
(ii) for sub-rule (4), the following sub-rule shall be substituted, namely:
“ (4) The papers referred to in sub-rule (1) shall be forwarded to the Accounts Officer not later than four months before the date of superannuation of a Government servant and in cases other than retirement on superannuation not later than three months after the date of submission of Form 5.”;

(i) in the said rules, in rule 62, the words, brackets and figures, “within the period specified in sub-rule (4) of rule 61” shall be omitted;

(j) in the said rules, in rule 63, for sub-rule (1), the following sub-rule shall be substituted, namely:

“(1) The Head of Office shall, after ascertaining and assessing the Government dues referred to in rule 71, furnish the particulars thereof to the Accounts Officer in Form 8.”

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