Central Civil Services (Pension)Rules-1972

Central Civil Services (Pension) Rules 1972

Rules No Govt.of India Decison

Preliminary (Rule No. 1-4)

Short title and commencement
Application
Definitions

Government of India’s Decisions

Employees of Union Territories are also governed by CCS (Pension) Rules, 1972
No distinction between permanent and temporary employees in the application of Pension Rules
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.
Government servants transferred from services and posts to which these rules do not apply

General Conditions(Rule No. 5,7-12)

Regulations of claims to pension or family pension

Government of India’s Decisions

Day of death of an official on EXOL/EL on MC, to be treated as a part of leave
Limitations on number of pensions
Pension subject to future good conduct
Stoppage or reduction of pension for reasons other than misconduct not permissible
Intimation of cases of convicted pensioners
Right of President to withhold or withdraw pension

Government of India’s Decisions

Scope of the expression ‘grave misconduct’
President’s right to withhold or withdraw pension in full is absolute
Final order under Rule 9 will be issued in the name of President
When full-fledged enquiry is held no further opportunity to show-cause necessary before imposing cut in pension
Standard forms for proceedings
Minor penalty proceedings have no effect on pension
Disciplinary authority who instituted proceedings can drop them without submitting its findings to the President
Disciplinary proceedings can continue after retirement even in case where there is no pecuniary loss to Government
Commercial employment after retirement
Restriction on practice in income tax and other cases after retirement
Employment after retirement under a Government outside India

Qualifying Service (Rule No. 13-32, 48A,48B, 48C)

Commencement of qualifying service
Conditions subject to which service qualifies

Government of India’s Decision

Counting half of the service paid from contingencies with regular service
Counting of service rendered in Central Government autonomous bodies before their take-over by Central Government
No allocation of pensionary liability between Department of Central Government
Allocation of leave salary and pension contribution between Central and State Governments and between two State Governments dispensed with
Counting of temporary service under the State/Central Governments
Special provision in the case of these State Government servants appointed to Central Service Group ‘A’
Counting of service under State Governments – sharing of pension liability dispensed with
Retirement on completion of 30 years’ qualifying service

Counting of Service (Rule no 15-20)

Counting of service on probation
Counting of service as apprentice
Counting of service on contract
Counting of pre-retirement civil service in the case of re-employed Government servants

Government of India’s Decisions

Counting of military service rendered before civil employment
Government of India’s Decisions

Re-employed military pensioners should exercise option under Rule 19 (1) within one year from the date of reemployment
Counting of service in the case of civilians working in lieu of combatants
Counting of service in the case of Ex-DSC personnel
Counting of non-regular/purely temporary military service for civil pension
Counting of Enlisted/Commissioned Military Service shown as non-pensionable/war time engagement for the purpose of civil pensions
No limitation on civil pension for re-employed military pensioners drawing separate military pension
Counting of war service rendered before civil employmen

Counting of period(Rule No 21-23)

Counting of periods spent on leave

Government of India’s Decisions

Need for making proper entries for treatment of extraordinary leave for pensionary benefits
Counting of leave taken during military service for civil pension
Extraordinary leave granted for prosecuting higher technical and scientific studies, etc., automatically counts as qualifying service
Counting of periods spent on training

Government of India’s Decisions

Pre-appointment training period counts as qualifying service
Counting of periods of suspension
Government of India’s Decisions

Need of making proper entries of counting of periods of suspension
Suspension should be held wholly unjustified when the proceedings end with minor penalty
Counting of past service on reinstatement

Forfeiture of service (Rule No 24,26)

Forfeiture of service on dismissal or removal

Government of India’s Decisions

Forfeiture of service on resignation

Interruption in service (Rule No. 27,28)

Effect of interruption in service
Condonation of interruption in service

Addition of qualifying service(Rule No. 29,30,48A,48B,48C)

When a Government Servant is declared surplus
Due to Special Circumstances
48A Retirement on completion of 20 years’ qualifying service

Government of India’s Decisions

Instructions to regulate voluntary retirement
48B Addition to qualifying service on voluntary retirement
48C Addition to qualifying service in the case of Pioneers in General Reserve Engineers Force
Period of deputation to United Nations and other Organizations
Verification of qualifying service after 25 years’ service or 5 years before retirement

Government of India’s Decisions

Strict compliance of the requirements of sub-rule (1)
Verification of qualifying service should be done as provided in the statutory rules

Emoulments (Rule No. 33,34)

Emoluments

Government of India’s Decisions

Counting of emoluments drawn by officers while on deputation from State to Centre
Nursing allowance, uniform allowance, washing allowance, special pay and qualifications pay received by nursing personnel do not count as emoluments
DA admissible on the date of retirement/death shall be trated as “emolments” for all types of gratuity under 49 & 50 from 1-1-1996
50% of basic pay to be treated as “Dearness Pay” and will count as “emoluments” for determining pension retirement benefits from 1-4-2004.
Merger of 50% Dearness Allowances/ Dearness Relief with pay/pension/family pension from 1-4-2004.
Average Emoluments

Government of India’s Decisions

Average emoluments during erroneous reversion
“Emoluments” in cases where pay and allowances for the period of suspension is restricted to subsistence allowance and pay scale revised meanwhile
Determination of the period of ten months for Average Emoluments
Computation of average emoluments for the period of leave prior to retirement without return to parent department while on reversion from deputation
Higher Pay Scales to the Organised Accounts Departments – Revision of Pension
Computation of ‘average emoluments’ in the case of those opting for revised scales of pay under CCS (RP) Rules, 1986 and retiring within ten months

Classes of Pensions (Rule No. 35,36,38-40)

Superannuation pension

Government of India’s Decisions

Retirement on the afternoon of last day of the month in which superannuation falls
No specific orders are necessary for retirement on due date
Relinquishment of charge on a holiday
Retiring pension
Compensation pension
Compulsory retirement pension

Government of India’s Decisions

Invalid pension

Government of India’s Decisions

Conditions governing the grant of pension to persons other than Central/State Govt. Servant (Rule No. 37)
Pension on absorption in or under a corporation, company or body

Government of India’s Decisions

Grant of pro rata retirement benefits on permanent absorption in ESI Corporation
Settlement of pensionary entitlement in respect of Central Government employees absorbed in Central Public Sector Undertakings / Autonomous Bodies in individual basis – Entitlement of family pension-

Conditions for payment of pension on absorption consequent upon conversion of a Government Department into a Central autonomous body or a Public Sector Undertaking
Compassionate allowance

Government of India Decisions

Regulation of all types of Amounts of Pensions/Family Pension (Rule No. 49-54,51A,55A)

Amount of Pension payable depending upon the various laying of qualifying service
Government of India’s Decisions
Final amount of service gratuity to be rounded off to the next higher rupee
Three months and above but less than six months treated as one – half year
Rounding off of pension/family pension when payable to more than one person/payable for part of a month
Minimum and Maximum amount of pension enhanced from 1-1-1996
Minimum pension of Rs. 1275/- to be applied separtely for Civil Pension & Military Pension for re-employed Military Pensioners.
From 1-4-2004, Dearness Relief equal to 50% treated as Dearness Pension.

Gratuity (Rule No. 50,51,51A,52)

Due to Retirement/Death Gratuity

Government of India’s Decisions

Rounding off qualifying service of more than three months into a completed six-monthly period applies to both Pension and Death/Retirement Gratuity
Benefits admissible in cases of suicide also
Exemption of Death/Retirement Gratuity from income tax
Determination of Death Gratuity when service records are incomplete
Retirement/death gratuity may be paid to the family after one year, in case an official’s whereabouts are not known.
Extension of Retirement/Death Gratuity benefits to employees governed by CPF Scheme
DA admissible on the date of retirement/death shall be treated as “emoluments” for all types of Gratuity under Rule 49 & 50 of CCS(P) Rules,1972 from 1-1-1996.
Maximum Limit of Gratuity raised to Rs. 3.50 lacs from 1-1-1996.
Persons to whom gratuity is payable

Government of India’s Decisions

Share of a nominee who dies or becomes disqualified to be distributed equally among the others
Procedure when a member of the family forgoes his claim
Payment of minor’s share of death/retirement gratuity to guardian
Special relaxation for payment of minor’s share without guardianship certificate, up to the extent of Rs. 10,000
Debarring a person from receiving gratuity
Lapse of retirement gratuity/death gratuity
Nomination in case of Death

Government of India’s Decisions

Amount of Family Pension payable, 1964

Government of India’s Decisions

Pension/gratuity payable to a lunatic
Procedure when a member of the family forgoes his claim
When the widow gives birth to an illegitimate child
Posthumous child entitled to pension
Payment of family pension payable to a minor to the de facto guardian on production of Indemnity Bond
Family pension throughout life admissible also to the physically/mentally handicapped children of those employees who retired/died before 30-9-1974
Procedure for payment of family pension to handicapped children
Spouse of the deceased pensioner can furnish details of eligible children.
Production of guardianship certificate is necessary for payment of family pension to physically crippled/disabled minor children and children suffering from any disorder or disability of mind
Payment of retirement gratuity and family pension to the family, in case an official’s whereabouts are not known
Family pension should be sanctioned from the date of lodging FIR or expiry of leave of the employee, whichever is later
Payment of retirement gratuity and family pension to the family in case an official’s/pensioner’s whereabouts are not known – further instructions
Second wife not entitled to the family pension as a legally wedded wife under the Hindu Marriage Act
When the husband declines to accept family pension in any capacity
Rounding off of pension/family pension when payable to more than one person payable for part of a month
Family pension to post-retiral spouses
Regulation of past cases of family pension admissible to children born after retirement
Endorsement of family pension entitlement of post-retiral spuses in the PPO – procedure for
Option for defence beneficiaries to draw family pension either from Defence or Civil source, whichever is more beneficial
In the event of death of a family pensioner, the arrears of family pension is payable to eligible member of the family next in line
Families of temporary/quasi-permanent Government servants retired on superannuation/invalidation on completion of 10 years service prior to 1-1-1986 eligible for Family Pension, 1964.
Family pension is admissible also to children from the void or voidable marriage
Family Pension shall be at a uniform rate of 30% of pay last drawn.
Dependent parents and widowed/divorced daughter also included in the definition of family.
Enhanced family pension admissible for seven years or up to age of 67 for those age of superannuation is 60 years.
Judicially separated spouse with children will get family pension after the children cease to be eligible
Eligibility of divorced/widowed daughter for grant of family pension.
Ceiling on two family pensions admissible to child/children of deceased Government servant under rule 54 (11) of the CCS (Pension) Rules, 1972
Dearness relief on pension/family pension
Determination & Authorization of the Amounts of Pension and Gratuity (Rule No 56-74)
Preparation of list of Government servants due for retirement
Date of retirement to be notified

Government of India’s Decisions

Intimation to Directorate of Estates regarding issue of `No Demand Certificate’

Government of India’s Decisions

Issue of ‘No Demand Certificate’
Issue of `No Demand Certificate’ in case of Interpool exchange of Government accommodation
Directorate of Estates to be informed forthwith regarding retirement/death of occupants of quarters

Pension Papers (Rule No. 58-61)

Preparation of pension papers
Stages for the completion of pension papers

Government of India’s Decision

Staff dealing with pension matters to be trained properly in pension procedures
Periodical co-ordination meeting between Administrative Heads and Accounts Offices
Completion of pension papers
Forwarding of pension papers to Accounts Officer

Government of India’s Decision

Pension Calculation Sheet to be given to Pensioner
Entitlement to family pension in the case of employees going on permanent absorption in PSU/Autonomous Bodies should be indicated in the pension calculation sheet
Intimation to Accounts Officer regarding any event having bearing on pension
Intimation of the particulars of Government dues to the Accounts Officer
Authorization of pension and gratuity by the Accounts Officer

Government of India’s Decisions

Payment of Retirement benefits through demand draft to outstation payees
Retirement benefits up to Rs. 10,000 can be paid through uncrossed cheque/demand draft
Issue of Identity cards to pensioners at their cost
In the case of retirement on superannuation, commuted value of pension may be authorized to be disbursed through the Head of Office

Provisional Pension/Gratuity(Rule No. 64,66,69)

General Information

Government of India’s Decisions

Issue of Last Pay Certificate
Adjustment of dues other than pertaining to Government accommodation
Provisional pension to be paid by Head of Office in the absence of intimation from Accounts Officer
Head of Office should ensure that retiring person gets his provisional pension in time
Applicability of Rule 64
Payment of provisional pension and gratuity through money order
Information/Rules provisional pension where departmental or judicial proceedings may be pending
Government of India’s Decisions

Government servants on deputation

Government of India’s Decisions

Acceptance of evidence regarding payment of pension contribution
Interest on delayed payment of gratuity

Government of India’s Decisions

Admissibility of interest on gratuity allowed after conclusion of judicial/departmental proceedings
Interest for delayed payment of Retirement/Death Gratuity to be at the rate applicable to GPF deposits
Guidelines for determining delay in payment of gratuity in cases other than superannuation and payment of interest therefor
Responsibility to be fixed and disciplinary action taken in cases where payment of interest is sanctioned by the Secretary of the Ministry/Department
Revision of pension after authorization

Recovery and adjustment of Government dues (Rule No. 71,72,73)

General
Pertaining to Government accommodation

Government of India’s Decisions

Other than dues pertaining to Government accommodation

Government of India’s Decisions

Dues to Municipality and Co-operative Societies not treated as Government dues
‘Government dues’ does not include dues while on deputation
Write off of dues
Procedure for the refund of excess recovery of licence fee to retired Government servants
Whether Government dues written off after retirement can be recovered from pay during subsequent re-employment
When a pensioner refuses to pay Government dues
Only arrears of licence fee recoverable from pensioner’s relief

Determination & Authorization of the Amounts of Family Pension and Death Gratuity dying while in service (Rule No. 77-80,80A,80B,80C,80D)

Obtaining of claims for family pension and death gratuity
Completion of Form 18
Determination of the amount of family pension and gratuity where service records are incomplete

Government of India’s Decision

Special efforts to be made to get the claims papers quickly
Action to be initiated immediately on receipt of intimation of death without waiting for formal death certificate
Forwarding the papers to the Accounts Officer
Sanction, drawal and disbursement of provisional family pension and gratuity
Authorization of final pension and balance of the gratuity by the Accounts Officer
Adjustment of Government dues
Payment of family pension and death gratuity when a Government servant dies while on deputation
Sanction of Family Pension & Residuary Gratuity in r/o Deceased Pensioners (Rule No 81,82)
Sanction of family pension and residuary gratuity on the death of a pensioner
Authorization of payment by Accounts Officer

Payment of Pensions (Rule No. 83-86)

Date from which pension becomes payable
Currency in which pension is payable
Manner of payment of gratuity and pension
Application of Treasury Rules

Miscellaneous (Rule No 87-89)

Interpretation
Power to relax
Repeal and Saving