REGISTERED No. D-(DV7S
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 16] NEW DELHI, FRIDAY, JANUARY 24, 1975/MAGHA 4, 1896
Separate paging is given to this Part in order that it may be filed
as a separate compilation
CABINET SECRETARIAT
(Department of Personnel and Administrative Reforms)
NOTIFICATION
New Delhi, the 24th January 1975
G.S.R. 17(E),—In exercise of the powers conferred by sub-section (1) of section 3 of the All India Services Act, 1951 (61 of 1951), the Central Government, after consultation with the Governments of States concerned, hereby makes the following rules further to amend the All India Services (Death-cum-Retirement Benefits) Rules, 1958, namely:—
1. (1) These rules may be called the All India Services (Death-cum-Rctirement Bene- fits) Amendment Rules, 1975.
(2) They shall be deemed to have come into force on the 1st day of January, 1973.
2. In sub-rule (1) of rule 2 of the All India Services (Death-cum-Retirement Benefits) Rules, 1958, (hereinafter referred to as the said rules)—
(i) after clause (a), the following clause 3hall be inserted, namely;—
'(aa) "average emoluments" means file average of the emoluments drawn by a member of the Service during the last three years of his service;
NOTE.—(i) If during the last three years of his service, a member of the Service has been absent on leave with allowances or having been suspended, has been re-instated without forfeiture of service, his emoluments for the purposes of ascertaining the average should be taken at what they would have been had he not been absent from duty or suspended.
.69)
7" THE GAZETTE OF INDIA EXTRAORDINARY [PAHT II—(n) II during the last three years of his service a member of the Service has been absent from duty on leave without allowances (not counting for pension) or suspended under such circumstances that the period so passed does not count as qualifying service, the period of such leave or suspension shall be disregarded in the calculation of 1'ne average, an equal period before the three years being included.
(iii) In the case of a member of the Service who, while on leave preparatory to retirement is confirmed in the highr post which he held in an oifleiating or temporary capacity before proceeding on such leave, his substantive emolu- ments in t'nc higher post, which he would have drawn had he been on duty, shall be taken into account for the purpose of calculation of his average emoluments.
(iv) Except as provided in clauses fi), (ii) and (iii) above, only emoluments actually received shall be included in the calculation. For example, where a member of the Service is allowed to count lime retrospectively towards increase of pay but does not receive retrospectively the intermediate periodical incre- ments, these intermediate increments shall not be reckoned in the calcula- tion of average emoluments.
(v) Periods of joining time which fall within the last three years of service of a member of the Service shall form part of'the three years for the purposes of average emoluments,
(vi) Where the emoluments of a member of the Service have been reduced during the last three years of his service, otherwise than as a penalty, average emoluments may, at the discretion of Government, be substituted for emo- luments for the purpose of calculation of the gratuity or death-cum- retircment gratuity admissible under rule 18 or rule 19.
(vii) In the case of a member of the Service, who while officiating in a higher post proceeds on leave and retires or dies while on leave, the benefit of officiating or temporary pay Cor purposes of this clause and clause (bb) shall be given only if it is certified that the member of the Service would have continued to hold the higher officiating or temporary appointment but for his proceed- ing on leave.';
(2) after clause (b), the following clause shall be inserted, namely:—
'(bb) "emoluments" means the emoluments which a member; of the Service was receiving immediately before his retirement or death, as the case may be, and s'hall include— ;
(i) pay, special pay and personal pay;
(ii) any other emoluments which may, by general or special order of the Presi- dent, be classed as pay:
Provided that the emoluments in respect of any period prior to the 1st of Janu- ary. 1973. shall also include the dearness allowance and the interim reliefs:
Provided further that the monetary allowances aUachcd to the King's Police Medal and fhc 'Indian Police Medal shall not be treated as forming part of the emoluments of the recipient for the purpose of this clause;
(3) To rule 18 of the said rules, the following proviso shall be added, namely:—
"Provided that the amount of invalid pension shall not be less than the amount of family pension admissible under sub-rule (2) of rule'22B."
(4) In sub-rule (31 of rule 19 of the said rules,—
(1) in clause^ (a)—
(A) for the opening portion, the following s'nall be substituted, namely:—
"The death-cum-rctirement gratuity equal to one-fourth of the emoluments for each completed period of six months of service shall be paid to a member of (he Service who has completed five vears' Qualifying service, subject to a maximum of 161 times of the emoluments";
(B> after Ihe existing provisos, the following proviso s'nall be inserted, namclv:- — "Provided also that the amount of death-cum-retirement gratuity payable under
this clause shall in no case exceed thirty thousand rupees"
(2) Tn the Note. (VT th" abbr^vinl;on. fitrnres nn<1 words "R<;. 1800 ner mensem", the abbreviation, fipurci and word* "Rs. 2500 per mensem" shall be substituted.
Slic. 3(UJ THE GAZETTE OF INDIA EXTRAORDINARY y!(5) In rue 22B of the said rules,—
(1) for sub-rule (2) (excluding the Explanation), the following slia.ll be substituted, namely:-—
"(2) Scale of family pension:—Subject to the other provisions of this rule, the scale of family pension admissible shall be as follows:-.-
(i) where the pay of the member of the Service is Rs. 1200 and above, 12 per cent of pay subject to a minimum of Rs. 160 a month and a maximum of Rs. 250 a month;
(ii) where the pay of the member of t'nc Service is. Rs. 1199 or below, 15 per cent, of pay subject to a minimum of Rs. 100 a month and a maximum of Rs. 160 a month".
(2) in sub-rule (3), for the words, abbreviation and figures "subject to a maximum of Rs. 3600", the words, abbreviation and figures "subject ta a maximum of Rs. 5000" shall be substituted.
(6) In rule 22C of the said rules,—
(1) for the words "reached the normal age of superannuation," the words and figures attained the age of 65 years" shall be substituted.
(2) after the proviso, the following further proviso shall be inserted, namely:-— "Provided further that in L'.IC event nfdc"th pftcr ivt^-frnent, the enhanced pension rates shall not exceed the pension sanctioned to the member of the Service at the time of the retirement inclusive of the part of the pension which the retired member of the Service may have commuted before death".
(3) The Explanation shall be numbered as Explanation 1 thereof, and after the Explanation as so numbered, the following Explanation shall be; inserted, namely: • -
"Explanation 2.—Family pension in the case of the death of a member of the Service after retirement shall be payable only to those members of his family who were declared as such before his retirement:
Provided that no such declaration is necessary in respect of such of the members of the Service who retire during the period hetwe-n the isv. of fanuary 1973 ail(i the date of publication of th^ All India Servic-;i 'Death-cum-Rctirement Benefits) Amendment RuleNj 1975, in the Official Gazette".
(7) Rulcj 23 of th
"SCHEDULE
Gratuity i>f Pension
Scale of
gratuity
or pension
Completed six monthly periods of qualifying service
Maximum pension (in Rs. per annum)
1
2
3
(a) Oratuiry
1. ^ month's emoluments
2. 1 ,,
3. ii ,, ;, 42 5. =i 6. 3 7- 3i 8. 4 9. 4t "
10. 4* 11. 54 12- 5 + 13- 5* 14. 61 15- 6j ifi- 7 ii- 74 " 18. 7i 19. 8j „ „
THE GAZETTE OF INDIA EXTRAORDINARY [PART H—2
3
(b) P e n s i on
of average e m o l u m e n ts . . . ..
2 0.
;t 33
.V
.
?3 )> VI
. . . ..
2 1. 2 2.
s; n )J
11 11
j *
23- 2 4.
13 3 1 n • • • ' -
11 3 ? 11
33 33 M
. . . ..
13 33 13
. . . ..
33 33 31
.
2 5. 2 6. 2 7. 2 8. 2 9. 30.
3) 3) 31
. . . ..
. 11 13 33
. . . ..
33 33 >.
. . . ..
33 33 33
. . . ..
33 33 13 •
33 31 33
. . . ..
33 13 1'
. . . ..
33 33 3-
1
11 3 3 3 3
' ' '
3 3 3 J 3 3
' ' " " '
31 31 31
31 H
1 . 11
io/8oths 3750-00
io$/8oths 3937-50
ii/8oths 4125-oc
ul/8oth" 4312-50
i2,/8oth$ 4500-00
I2i/8oths 4687'50
i3/8oths 4875'00
I3i/8oths 5062-50
i4/8otha 5250-00
I4jr/8oths 5437-50
i5/8oths 5625-00
3 i- I5i/8oths 5812^50
3 2. 16/soths 6000-00
33. i61/Both9 6187-50
34. 17/Botha 6375-00
35- I7i/8oth3 6562-50
36. i8/8oths 6750-00
37- iSJ/Botha 6937-50
38. i9/8othi 7125-00
39' J9i/8oth8 7312-50
4 0. 2o/8oihs 7500-00
4 1. 2oi/8oths 7687'50
4 2. 21/Koth* 7875-00
43- 2I*/8othS 8062-50
44. 2a/eoth" 8250-00
45- 22A/8oths 8437-50
46. 23[8oths 8625-00
47. 23^/8oths 8812-50
48- 24/goths 9000-00
49- 24j/8oth9 9187-50
5°- 25/8oths 9375-00
5 i- 25i,8oths 9562-50
52- 26/8ochs. 11 9750-00
53- 26i/8oilis 9937-50
54. 27/80tll8 10125-00
55- 27^/8otha 10312-50
56. 2S/8oths 10500-00
57- 281/8oths 10687-50
58. 29/8oth3 10875-00
59- 29i/8othR 11062 50
60. 3o/8oth" 11250-00
6 1. 3oj/8oths 11437*50
6 2. 3i/8othii Il625'03
63. 3 i i / 8 o t hs 11812-50
64. 3 2 / 8 o t hs I200C-00
65. 3 2 l / 8 o t bs 12000-00
66. 33/8oths 12000-00"
a,nd a b o ve
(9) Schedule B to the said rules shall bs omitted.
EXPLANATORY MEMORANDUM
Government have deckled lliat the recommendations of the Third Central Pay Com- mission relating to retirement benefits, dale of effect, etc. nhall be accepted broadly, and made applicable with effect from the 1st January, 1973. The All India Services (Death- cum-Rctirement Benefits) Rules, 1958, are, therefore, being amended accordingly, No officer is likely to be adversely affected by these rules being given retrospective effect from that date.
[No. 33/12/73-AISU01
V. RANGANATHAN, Dy. Secy.
Sue. 3(i)) THE GAZETTE OF INDIA EXTRAORDINARY 73 y4 THE GAZETTE OF INDIA EXTRAORDINARY [PAUT II— 'SEC. 3(i)] THE GAZETTE OF TNDTA EXTRAORDINARY 75 76 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Sac. 3(i)J ^ HI GAZETTE 0# INDIA EXTRAORDINARY 76/1 76 /2 THE GAZETTE QF INDIA EXTRA0JRJD1NARY [PAM U ^ S E C. 3(M