BACK
1. Short title and commencement
(1) These rules may be called the Central Civil Services (Pension) Rules, 1972.
(2) They shall come into force on the 1st June, 1972.
2. Application
Save as otherwise provided in these rules, these rules shall apply to Government servants appointed on or before 31st day of December,2003 including civilian Government servants in the Defence Services appointed substantively to civil services and posts in connection with the affairs of the Union which are borne on pensionable establishments, but shall not apply to -
| (a) | railway servants ; |
| (b) | persons in casual and daily rated employment ; |
| (c) | persons paid from contingencies ; |
| (d) | persons entitled to the benefit of a Contributory Provident Fund ; |
| (e) | members of the All India Services ; |
| (f) | persons locally recruited for service in diplomatic, consular or other Indian establishments in foreign countries ; |
| (g) | persons employed on contract except when the contract provides otherwise ; and |
| (h) | persons whose terms and conditions of service are regulated by or under the provisions of the Constitution or any other law for the time being in force. |
2. GOVERNMENT OF INDIA'S DECISIONS
(1) Employees of Union Territories are also governed by CCS (Pension) Rules, 1972. - Reference UO Note No. 115-Audit/95-83, dated 31-1-1984, from the Office of the Comptroller and Auditor-General of India, on the above subject. The employees of the Delhi Administration as well as other Union Territories Administrations in the matter of pensionary benefits are governed by the Central Civil Services (Pension) Rules, 1972. The pay scales and other conditions of service of the Union Territories employees, except those of Chandigarh Administration, have been fixed on the basis of the recommendations of the Third Pay Commission, and as such, all the conditions of service as applicable to the Central Government employees are applicable to the employees of the Union Territory Administrations.
[G.I., M.H.A., U.O. No. U. 14026/1/84 Delhi (D.III), dated the 24th March, 1984.]
(2) No distinction between permanent and temporary employees in the application of Pension Rules. -
(i) Confirmation will be made only once in the service of an official which will be in the entry grade.
(ii) Confirmation is delinked from the availability of permanent vacancy in the grade. In other words, an officer who has successfully completed the probation may be considered for confirmation.
(iii) Since all the persons who complete probation in the first appointment will be declared as permanent, the present distinction between permanent and temporary employees for grant of pension and other pensionary benefits will cease to exist.
[G.I., Dept., of Per. & Trg., O.M. No. 18011/1/86-Estt. (D), dated the 28th March, 1988 ][ 4.1. (A) and 4.4.]
For pensionary/death benefits for temporary Government servants see Rule 10 of CCS (TS) Rules, 1965.
(3) Temporary Government servant with less than ten years’ service who retires on superannuation, discharged from service, etc., is eligible for gratuity as for permanent Government servant.¾¾
The Fifth Central Pay
Commission in Para 133.94 of its report have recommended that the distinction
between temporary and permanent Government servant having rendered a qualifying
service of less than ten years may be done away with regard to payment of
terminal benefits. The above
recommendation of the Pay Commission has been considered and it has been decided
that a temporary Government servant who retires on superannuation or discharged
from service or declared
invalid for further service
or absorbed in an autonomous
body before completing ten years of
continuous service, shall be
eligible to gratuity on the same scale and rates as are applicable
to permanent Civil Government servants under the provisions
of Central Civil Services
(Pension) Rules, 1972.
3. Definitions1
In these rules, unless the context otherwise requires -
| (1) | 1(a) | `Accounts Officer' means an officer,
whatever his official designation, who maintains the accounts of a Ministry, Department or
Office of the Central Government or Union Territory and includes an Accountant-General,
who is entrusted with the functions of maintaining the accounts or part of accounts of the
Central Government or Union Territory ;
Footnote : 1 Substituted by G.I., Dept. of Per. & A.R., Notification No. 6 (1) Pen. (A)/79, dated the 19th May, 1980. |
|
| 2(aa) | `Allottee' means a Government servant
to whom Government accommodation has been allotted on payment of licence fee or otherwise
;
Footnote : 2. Inserted by G.I., Dept. of Per. & A.R., Notification No. 6 (1) Pen. (A)/79, dated the 19th May, 1980. |
||
| (b) | `Average emoluments' means average emoluments as determined in accordance with Rule 34; | ||
| (c) | `Child' means a child of the
Government servant who, if a son, is under 1[twenty-five]
years of age and if a daughter, is unmarried and is under 1[twenty-five]
years of age and the expression `children' shall be construed accordingly ;
Footnote : 1. Substituted by G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. & P.W. (PIC), dated the 20th July, 1988, published as S.O. No. 2388 in the Gazette of India, dated the 6th August, 1988. |
||
| 2[(cc) | `Dearness relief' means relief
as defined in Rule 55-A
;]
Footnote : 2. Inserted by G.I., Dept. of P. & P.W., Notification No. 42 (30) P. & P.W./89-E, dated the 22nd January, 1991, published as S.O. No. 409 in the Gazette of India, dated the 9th February, 1991. |
||
| (d) | 'Defence Service' means services under the Government of India in the Ministry of Defence, and in the Defence Accounts Department under the control of the Ministry of Finance (Department of Expenditure) (Defence Division), paid out of the Defence Services Estimates and not permanently subject to the Air Force Act, 1950 (45 of 1950) or the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957) ; | ||
| (e) | `Emoluments' means emoluments as defined in Rule 33 ; | ||
| 3[(f) | `Family pension' means `Family
Pension, 1964', admissible under Rule 54
but does not include dearness relief ;]
Footnote : 3. Substituted by G.I., Dept. of P. & P.W., Notification No. 42 (30) P. & P.W./89-E, dated the 22nd January, 1991, published as S.O. No. 409 in the Gazette of India, dated the 9th February, 1991. |
||
| (g) | `Foreign service' means services in
which a Government servant receives his pay with the sanction of the Government from any
source other than the Consolidated Fund of India or 4[the
Consolidated Fund of a State or the Consolidated Fund of a Union Territory] ;
Footnote : 4. Substituted by G.I., M.F., Notification No. 19 (3)-E. V (A)/73, dated the 28th February, 1973. |
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| (h) | `Form' means a Form appended to these rules ; | ||
| (i) | `Government' means the Central Government ; | ||
| 5(ii) | `Government dues' means dues as
defined in sub-rule (3) of Rule 71 ;
Footnote : 5. Inserted by G.I., Dept. of Per. & A.R., Notification No. 6 (1) Pen. (A)/79, dated the 19th May, 1980. |
||
| (j) | `gratuity' includes - | ||
| (i) | 'service gratuity' payable under sub-rule (1) of Rule 49 ; | ||
| (ii) | 1[retirement gratuity/death gratuity] payable under sub-rule (1) of Rule 50 ; and | ||
| (iii) | `residuary gratuity' payable under sub-rule (2) of Rule 50 ; | ||
| (k) | `Head of Department' means an
authority specified in Schedule I to the Delegation of Financial Powers Rules, 1[1978], and includes such other authority or
person whom the President may, by order, specify as Head of a Department ;
Footnote : 1. Substituted by G.I., Dept. of Per. & A.R., Notification No. 6 (1)-Pen. (A)/80, dated the 30th July, 1981. |
||
| (l) | `Head of
Office' means a Gazetted Officer declared as such under 1[Rule
14 of the Delegation of Financial Powers Rules, 1978], and includes such other authority
or person whom the competent authority may, by order, specify as Head of Office ;
Footnote : 1. Substituted by G.I., Dept. of Per. & A.R., Notification No. 6 (1)-Pen. (A)/80, dated the 30th July, 1981. |
||
| (m) | `Local Fund administered by Government' means the fund administered by a body which, by law or rule having the force of law, comes under the control of the Government and over whose expenditure the Government retains complete and direct control ; | ||
| (n) | `Minor' means a person who has not completed the age of eighteen years ; | ||
| (o) | 2[`Pension'
includes gratuity except when the term pension is used in contradistinction to gratuity,
but does not include dearness relief] ;
Footnote : 2 Substituted by G.I., Dept. of P. & P.W., Notification No. 42 (30) P. & P.W./89-E, dated the 22nd January, 1991, published as S.O. No. 409 in the Gazette of India, dated the 9th February, 1991. |
||
| 3(p) | `Pension Disbursing Authority' means
-
Footnote : 3 Substituted by G.I., Dept. of Per. & A.R., Notification No. 6 (1) Pen. (A)/79, dated the 19th May, 1980. |
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| (i) | Branch of a nationalised bank, or | ||
| (ii) | Treasury including sub-treasury, or | ||
| (iii) | Accounts Officer ; | ||
| (q) | `Qualifying Service' means service rendered while on duty or otherwise which shall be taken into account for the purpose of pensions and gratuities admissible under these rules ; | ||
| (r) | `Retirement Benefits' includes
pension or service gratuity, and 4[retirement
gratuity], where admissible ;
Footnote : 4. Substituted by G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. & P.W. (PIC), dated the 20th July, 1988, published as S.O. No. 2388 in the Gazette of India, dated the 6th August, 1988. |
||
| 5(rr) | `Service Book' includes service roll,
if any ;
Footnote : 5. Inserted by G.I., Dept. of Per. & A.R., Notification No. 6 (1) Pen., (A)/79, dated the 19th May, 1980. |
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| (s) | `Treasury' includes a Sub-Treasury. | ||
(2) Words and expressions used herein and not defined but defined in the Fundamental Rules have the meanings respectively assigned to them in those Rules.
4. Government servants transferred from services and posts to which these rules do not apply
(1) A Government servant who is transferred permanently to a service or post to which these rules apply from a service or post to which these rules do not apply shall become subject to these rules :
Provided that it shall be open to him, within six months of the date of issue of the order of his permanent transfer or, if he is on leave on that day, then, within six months of his return from leave, whichever is later, to elect to be governed by the pension rules to which he was subject immediately before the date of his transfer.
(2) The option under the proviso to sub-rule (1) shall be exercised in writing and communicated to the authority making such order of transfer.
(3) The option, once exercised, shall be final.