Legal Commentary on Assam Services (Pension) Rules, 1969 - R.95

R.97 .

The Governor of Assam may, at his discretion, allow a Govern#31;ment servant to retire on proportionate pension after 25 years of quali#31;fying service, the amount of pension or/and gratuity being calculated according to the table applicable to him, had he retired on invalid pension.Note. This-rule may be applied, in case of necessity, to all cate#31;gories of Government servants including those mentioned in Rr. 17 and 18 and are governed by the Liberalised Pension Rules in Chapter VIII.

R.98 .

The Governor may, at his discretion, allow a Government servant in superior service proportionate pension or such other retire#31;ment benefits as may be determined on his resignation from Govern#31;ment service being accepted for accepting an employment or continuing in employment permanently under a body corporate owned or con#31;trolled by the Government,Note 1. In case of a Government servant who is deputed or trans#31;ferred to service under a body corporate owned or controlled by Gov#31;ernment or whose services are lent to such a body, and in the event of his resignation being accepted for permanent absorption in the service under that body, an amount equal to what Government would have con#31;tributed had the officer been on Contributory Provident Fund terms under Government, together with simple interest thereon at two per cent for the period of his pensionable service under Gover

R.99 .

For officer mentioned in R. 15, grant of retiring pension is regulated as follows :(1) An officer, on his resignation being accepted, is entitled to a retiring pension after completing qualifying service of not less than 25 years.(2) A retiring pension is also granted to an officer who is requir#31;ed by the Governor to retire after completing 25 years qualifying service or more.Note. The Governor retains absolute right to retire any officer after he has completed twenty-five years qualifying service without giving any reason and no claim to special compensation on this account will be entertained. This right will not be exercised except when it is in the public interest to dispense with the further services of an officer.

R.100 .

For officers referred to in R. 16, grant of retiring pension is regulated as follows :(1) An officer, on his resignation being accepted, is entitled to a retiring pension after completing qualifying services of not less than 30 years.(2) A retiring pension is also granted to an officer who is requir#31;ed by the Governor to retire after completing 25 years / qualifying service or more.Note. The Governor retains absolute right to retire any officer after he has completed 25 years’ qualifying service without giving any reason, and no claim to special compensation on this count will be entertained. The right will not be exercised expect when it is in the public interest to dispense with the further services of an officer.

R.101 .

For officers referred to, in Rr. 17 and 18, grant of retiring pension is regulated as follows (1) An officer may retire from service any time after completing 30 years’ qualifying service; provided that he shall give in this behalf a notice in writing to the appropriate authority at least three months before the date on which he wishes to retire. Government may also require an officer to retire any time after he has completed 30 years’ qualifying service ; provided that the appropriate authority shall give in this behalf, a notice in writing to the officer, at least three months before the date on which he is required to retire.(2) An officer who retires or is retired, only in the manner indicated in sub-R. (1) may be granted a retiring pension not exceeding 30/80th of average emoluments subject to a maxi#31;mum of Rs. 8,100 per annum.Note 1. The authority competent to

R.102 Combined appointments

An officer holding two or more separate appointments may not, save with the express sanction of the Governor, resign one or more of such appointments on a pension with#31;out retiring from the public service altogether. There is no objection to his being relieved from one or more such appointments any time with#31;out being compelled to leave the service altogether ; but in such cases, any pension admissible to him from service in the office or offices from which he is relieved, will be deferred until he finally retires.Note. The Government may delegate power under this rule to Head of Department.

R.103 .

The amount of pension that may be granted by length of service as set forth in Rr. 108 to 111. Fractions of a half year not to be taken into account in the calculation of any pension admissible to an officer under this Part of the rules.

R.104 .

The amount of pension shall be expressed in whole rupees and where the pension calculated according to the rules contains a fraction of a rupee, it shall be rounded off to the next higher rupee.

R.105 Currency

(a) A pension is fixed in rupees, and not in ster#31;ling or any other currency even though it is to be paid outside India.(b) If the service of an officer has not been thoroughly, satisfactory authority sanctioning the pension should make such reduction in the amount as it thinks proper.

R.106 Award of full pension

(a) The full pension admissible under the rules is not to be given as a matter of course, or unless the service rendered has been really approved.Note 1. Under the Liberalised Pension Rules in Chapter VIII both the pension and death-cum-retirement gratuity or either of them can be reduced in terms of the rules above, it being left to the authority making the order of reduction to decide whether in an individual case pension or gratuity or both should be reduced. It is, therefore, necessary that such an authority should express its intention in clear and unequivocal language. In other words where it is desired to reduce both the pension and gratuity by a percentage or by a fixed amount, the intention should be specifically made clear in the orders to be passed, and where the orders issued provide specifically for a reduction in pension only, the gratuity will not be automatically reduced.

R.107 Limitations

An officer entitled to pension may not take a gratuity instead of pension.Section II—Amount of pension

R.108 .

The amount of pension shall be regulated as follows(a) After a service of less than ten years, gratuity not exceeding (except in special cases and under the orders of the Gov#31;ernor up to a maximum of 12 months emoluments) one-half months emoluments for each completed six monthly period of service. If the emoluments of the officer has been reduced during last three years of service, otherwise than as a penalty, average emoluments may, at the discretion of the authority which has power to sanction the gratuity, be substituted for emoluments.(b) After a service of not less than ten years a pension succeeds the following amounts:Completed six monthly period of qualifying service(1)#7;Scale of pension(2)#7;Maximum limit of pension(3)#7;#7;#7;#7;Rs.#7;Rs.

R.109 .

For officers mentioned in R. 15, the amount of pension shall be regulated as fellow ;(a) For retiring pensions, Up to 49 completed six monthly period of qualifying service, as in R. 108 and, thereafter, as follows :Completed six monthly period of qualifying service(1)#7;Scale of pension(2)#7;Maximum limit of pension(3)#7;#7;#7;#7;Rs.#7;Rs.#7;#7;50#7;25/60ths of average emoluments#7;5,000 a year of 417-2/4 a month#7;#7;51#7;25-1/2#7;do#7;5,100#7;do#7;425#7;do#7;#7;52#7;26#7;do#7;5,200#7;do#7;433-1/3#7;do#7;#7;53#7;26-1/2

R.110 .

For officers referred to in R. 16, the amount of the gratuity and pension is regulated as follows :(a) After a service of less than ten years, a gratuity not exceed#31;ing one-half months emoluments for each completed six monthly period of service. If the emoluments of the officer have been reduced during the last three years of his service otherwise than as a penalty, average emoluments may, at the discretion of the authority which has the power to sanction the gratuity, be substituted for emoluments.(b) After a service of not less than ten years, a pension not ex#31;ceeding the following amounts :(i) For superannuation, invalid and compensation pension :Completed six monthly period of qualifying service(1)#7;Scale of pension(2)#7;Maximum limit of pension<

R.111 .

For officers referred to in Rr. 17 and 18 the amount of super#31;annuation, invalid and compensation gratuity and pension shall be the appropriate amount set out below :Completed six monthly periods of qualifying service#7;Scale of gratuity or pension#7;Maximum pension in Rs. per annum#7;#7;(1)#7;(2)#7;(3)#7;#7;#7;A— Gratuity #7;#7;#7; 1 ....#7;1/2 month’s emoluments #7;#7;#7; 2 ....#7;1 month’s emoluments #7;#7;#7; 3 ....#7;1-1/2 month’s emoluments #7;#7;#7; 4 ....#7;2 month’s emoluments #7;#7;#7; 5 ....#7;2-1/2 month’s emoluments #7;#7;#7; 6 ....#7;3 month’s emolu

R.112 Special addition at pension

The grant of special pensions to officers specified in R. 15 shall be granted as follows :(1) The special addition at pension admissible under this rule is not to be given as a matter of course but only where the service rendered is approved as satisfying the standard of work and conduct required in the special conditions of the post or duty hereinafter mentioned.(2) Officers who have held posts in the schedule to this rule may be granted an additional pension (a) at the rate of Rs. 300 for each completed year of effective service in any post in#31;cluded in the lower grade ; and (b) at the rate of Rs. 500 for each completed year of effective service in any post included in the upper grade, up to a maximum of Rs. 1,500 per annum for service in lower grade appointments and Rs. 2,500 per annum for service in lower and upper grade appointments combined or in upper grade appointments

R.113 .

For officers referred to in R. 16 the grant of special additional pensions shall be regulated as follows :(1) The special additional pension admissible under this rule is not to be given as a matter of course but only where the service rendered is approved as satisfying the standard of work and conduct required in the special conditions of the posts or duty hereinafter mentioned.(2) Officers who have held post listed in the schedule to this rule may be granted an additional pension—(a) at the of Rs. 250 for each completed year of effective service in any post in#31;cluded in the lower grade ; and (b) at the rate of Rs. 400 for each completed year of effective service in any post included in the upper grade up to a maximum of Rs. 1,250 per annum for service in lower grade appointments and Rs. 2,000 per annum for service in lower and upper grade appointments combined or i

R.114 Emoluments and average emoluments

(1) The term “emolu#31;ments” as used in this Part of the rules, means the emoluments which the officer was receiving immediately before his retirement and in#31;cludes—(a) substantive pay in respect of a permanent post other than a tenure post, held in a substantive capacity ;(b) personal allowance which is granted in lieu of substantive pay in respect of a permanent post other than a tenure post;(c) fees or commission if they are authorised emoluments of an appointment and are in addition to pay. In this case "emolu#31;ments" means the average earning for the last six months of service ;(d) special pay attached to a permanent post, when the special pay has been sanctioned permanently and the post is held in a substantive capacity ;(e) dearness pay, if any, declared by the Government for the purpose of pension from time to time ;(f) save as otherwis

R.114-A .

Notwithstanding anything contained in R. 114, for persons retiring from service on or after 1st April, 1971, the term “emoluments” as used in this Part of the Rules means pay as defined in F. R. 9 (21).

R.115 .

Except as otherwise provided in R. 116 the term ‘average emoluments’ means the average calculated upon the last three years of service.Note 1. If during the last three years of his services an officer has been absent from duty on leave with allowances or having been sus#31;pended has been reinstated without forfeiture of service, his emolu#31;ments, for the purpose of ascertaining the average should be taken at what they would have been, had he not been absent from duty or sus#31;pended ; provided always that his pension must not be increased on account of increase in pay not actually drawn. But if his departmental or recess leave is reckoned as service under R. 57, only the allowance, if any, actually received during such leave should be taken into account ; provided that the average emoluments of the subordinates in the Assam Survey Department who happen to be on departmental leave shall be c

R.116 .

In case of section writers whose services have been allowed to count for pension and of press employees whose services qualify for pension under R. 42, ‘average emoluments’ means the average earning of the last seventy two months.Note 1. This rule applies in the case of a press employee remune#31;rated at a fixed rate of pay if his pay is met from the grant for piece#31;work.Note 2. Overtime earnings of press employees paid at piece-work rates may be taken into account in calculating average emoluments under this rule ; but such earning must be excluded in reckoning the average emoluments of press employees, who draw pay at fixed rates.Note 3. If during the last 72 months of service a press employee has been for some period on fixed pay and for other periods has worked as a piece-work employee, overtime earning may be taken into account in calculatin

R.117 Allowances which do not count

An officer cannot count the following allowances :(1) Local allowances and deputation (local) allowances ;(2) ‘House rent allowance’ or estimated value of three quarters ;(3) Tour or other allowances ;(4) Compensation for dearness of provisions.

R.118 Net emoluments taken

Any part of officer’s pay or emoluments which is specially intended to provide the expenses incidental to his duty must be excluded— (1) When an officers pay is intended partly to cover the expense of his providing or keeping a horse (except in a case covered by Note 2 below R. 5), his pay shall be taken only at what it would be if it was not intended to cover such expense. Where a water carriers pay includes provision for a bullock his pay shall be taken at what it would be if he was not required to keep a bullock.(2) Where a consolidated pay specially includes tentage, travel#31;ling allowance and house allowance, these shall be deducted.(3) Where an officer’s pay is fixed at two rates, i. e., a smaller rate during statutory duty and a higher rate during periods passed on tour or travelling, the former rate shall be the basis of the calculation.

R.119 .

Except as allowances are allowed to count as emoluments under R. 114, where service on temporary duty counts for pension under R. 40 the pay of the permanent appointment held by the officer, and not that drawn in respect of the temporary duty, shall be taken into consideration.

R.120 .

The provisions of R. 119 shall not apply to an officer deputed on abolition of his appointment to special duty (R. 41) or to an officer who, when his appointment was abolished, was on special duty. In these cases, full allowances shall be counted.

R.121 Combination of appointments

If an officer has held more than one appointment, in respect of each of which, if he had held it separately and alone, pension would have been admissible to him, the pension admissible to him is the sum of the several pensions which would have been admissible to him if he had held each office separately and alone. The consolidated pension thus admissible is subject to the limitations prescribed in Rr. 108 to 111.

R.122 .

An officer is not entitled for service in an office conjointly with another office to any pension which would not have been admissible to him if he had held the office separately and alone.

R.123 Government Police

The rules in this Chapter apply to mem#31;bers of Police Forces constituted under the Police Act, 1861 (Act V of 1861).

R.124 Municipal police and police supported by District and Regional Councils

(a) The Government shall have no pensionary liability in respect of the police of a town or a Municipality or of a village or town of a District or Regional Council which is wholly supported by them and under their control.(b) But if the Government, being interested in the efficiency of a Police Force, paid wholly or partly by a Municipality or from the District or Regional Council Fund or from Cantonment Funds, or from the Consolidated Fund of the State of Assam subsidised by a contribu#31;tion from a Municipality or from the District or Regional Council Fund or from Cantonment Funds, undertakes the organisation and control of the force as connected with and auxiliary to the Civil Constabulary, service in such a force qualifies.

R.125 Railway police

The service of members of the Railway police, appointed and controlled by Government, qualifies, though they may be either wholly or partly paid by the Railways.Section II—Qualifying service

R.126 .

Service in the Police Force mentioned in R. 123 qualifies.

R.127 .

Police officers deputed to the State Finger Print Bureau for a course of training will be treated as on duty qualifying for pension during the period of training.

R.128 .

Hospital leave granted under Subsidiary R. 122 which is not debited against the leave account will count as duty towards pension. Leave granted to patients suffering from illness caused by irregular or intemperate habits, such as venereal disease, is not hospital leave.

R.129 Service before enlistment

In the following cases service rendered before enlistment in the civil constabulary qualifies :(a) service in superior grades in any other Department qualifies.(b) a Subedar or Jamadar of Bengal or Assam Military Police, recruited from the Army or from a local corps, counts service as follows :(i) A man recruited from the Army will be eligible for pension under the civil rules (counting both his past Military and Police service) on completion of ten years service in the Military Police. If he retired with less than ten years service in the police, he will be granted pension on the military scale according to his rank for the whole period of his service including service in the police.(ii) A man recruited from a local corps may count half his service in his corps towards civil pension.Note. Pension granted to men who count Army service under the foreg

R.130 .

The previous services of a discharged rifleman or sepoy of the Assam Rifles who is re-employed in the civil police will count for pension ; any interruption of service in such a case shall be held to be automatically condoned ; and if the discharged rifle-man or sepoy received a pension or gratuity prior to his discharge, the rules for the re-employment of pensioners in Chapter X shall apply.Section HI—Amount of pension

R.131 .

The pension admissible to police constables shall be deter#31;mined according to the rules contained in Chapters IV to VI for the calculation of pensions.

R.132 .

The pension admissible to an officer other than a police cons#31;table shall be determined by the rule which apply to ordinary service.Note. If the officer was promoted from the rank of police constable and looses by promotion any benefit as to pension which he would have enjoyed had he retired as a police constable, his pension may be regu#31;lated as if he had not received the promotion.

R.133 .

Previous Class IV service. If part of an officers continuous service qualifies for pension under the general rules but does not qualify under the rules in this Chapter, he may elect to receive, in lieu of the pension admissible under this Chapter, such pension as is admissible to him under the general rules.

R.134 .

(a) For officers mentioned in R. 17 the rules in this Chapter, excluding the provisions under the Family Pension Scheme, 1964 in Section IV, shall apply subject to other rules in this Part to the extent they are not inconsistent with the rules in this Chapter.(b) For officers mentioned in R. 18 the rules in this Chapter, ex#31;cluding the Rules for Family Pension, 1954 in Section III, shall apply subject to other rules in this Part to the extent they are not inconsistent with the rules in this Chapter.Section II—Death-cum-retirement gratuity

R.135 .

(1) An officer who has completed five years’ qualifying service may be granted an additional gratuity .not exceeding the amount spe#31;cified in sub-R. (3), when he retires from service and is eligible for gratuity or pension under Rr. 101 and 111.(2) If an officer who has completed 5 years qualifying service dies while in service, a gratuity not exceeding the amount specified in sub-R. (3) may be paid to the person or persons on whom the right to receive the gratuity is conferred under R. 136, or, if there is no such person, it may be paid in the manner indicated below :(i) If there are one or more surviving members of the family as in items (i), (ii) and (iv) of sub-R. (1) of R. 136, it may be paid to all such members other than any such member who is a widowed daughter, in equal shares.(ii) If there are no such surviving members of the family as at (i) above, but there are one

R.136 Nomination

(1) (a) ‘Family’ for the purposes of this rule will include the following relatives of the officer :(i) Wife, in the case of a male officer, (ii) Husband, in the case of a female officer, (iii) Sons, (iv) Unmarried and widowed daughters.(v) Brothers below the age of 18 years and unmarried or widow#31;ed sisters.(vi) Father, (vii) Mother. Note. (iii) and (iv) will include step-children and adopted children.(b) ‘Person’ for the purpose of this rule shall include any company or association or body of individuals whether incorporated or not.(2) An officer shall, as soon as he is confirmed or completes five years qualifying service, make a nomination conferring on one or more persons the right to receive any gratuity that may be sanctioned under sub-Rr. (2) and (4) of R. 135 and any gratuity which having b

R.137 .

(1) A family pension, not exceeding the amount specified in sub-R. (2), may be granted to the family of an officer mentioned in R. 17 who dies while in service on or after retirement after completion of not less than 20 years’ qualifying service, for a period of 10 years from the date following that on which the officer dies :Provided that the period of payment of family pension will in no case extend beyond a period of 5 years from the date on which deceased officer retired or on which he would have retired on a superannuation pension in the normal course, according as the death takes place after retirement or while the officer is in service.Note 1. (i) In the case of an officer who dies while on extension of service the expression “date on which he would have retired on super#31;annuation pension in the normal course” in the above proviso shall mean the date up to whi

R.138 .

The rules in this Section, in substitution of rules for Family Pension, 1954 in Section III, apply to all officers to whom the Liberalis#31;ed Pension Rules in this Chapter apply under R. 18.

R.139 .

The rules in this Section shall have effect from 1st January, 1964 and are applicable to all regular employees, both temporary or permanent, on pensionable establishments :Provided that the provisions of R. 142 shall have effect from 1st January, 1967.

R.140 .

Except as otherwise provided in R. 142, a family pension not exceeding the rate mentioned in R. 141 will be admissible in case of death of an officer while in service or after retirement on or after 1st January, 964, if at the time of death the retired officer was in receipt of a compensation, invalid, retiring or superannuation pension. In case of death while in service, the Government servant should have complet#31;ed 9. minimum period of one year of service.Note 1. The term “one year of service” mentioned in the above rule does not include broken periods of service. The service for this purpose should be continuous.Note 2. For the purpose of computing the minimum period of completed one year of continuous service, ‘boy service’ and periods of extraordinary leave, if any, shall be excluded.

R.141 .

The rate of family pension under R. 140 will be as follows :Sl. No.#7;Pay of the Government servant#7;Monthly pension of widow/children#7;#7;(1)#7;(2)#7;(3)#7;#7;1. Below Rs. 200........................................2. Rs. 200 and above but below Rs. 800...............3. Rs. 800 and above...........................#7;30% of the pay subject to a minimum of Rs. 40.15% of the pay subject to a minimum of Rs. 60.12% of the pay subject to a minimum of Rs. 120 and a maximum of Rs. 200.#7;#7;The revised rates shown above shall be uniformly applicable to all family pension case to cover the Family Pension Scheme of 1964.Note 1. ‘Pay’ for the purpose of this rule means the pay, as defined in R. 9 (21)

R.142 .

Notwithstanding the provisions of Rr. 140 and 141 above, if a Government servant after rendering minimum of 7 (seven) years’ continuous service dies while in service, the family of such Government servant may be granted a pension at the rates and conditions mentioned below :(i) For a period of 7 (seven) years from the date following the date of death or till the date on which the officer would have reached the normal age of superannuation had he remained alive, whichever period is shorter, the pension payable under this Section will be at 50 (fifty) per cent of the basic pay last drawn, subject to a maximum of twice the pension admissible under R. 141 above.(ii) The pension payable thereafter will be at the rate laid down in R. 141 above.(iii) The provisions of this rule will not be applicable if the Government servant had put in less than 7 (seven) years’ continuous service prio

R.143 .

(i) “Family” for the purpose of rules in this Section will include the following relatives of the officer :(a) wife, in the case of a male officer ;(b) husband, in the case of a female officer ;(c) minor sons ; and(d) unmarried minor daughters.Note 1. (c) and (d) will include children adopted legally before retirement.Note 2. (a) “Marriage” for the purpose of admissibility of pen#31;sionary benefits to the spouse of a retired official shall mean marriage before or after retirement.(b) “Child/children” for the purpose of pensionary benefits of a retired official shall mean child/children born before or after retirement.[Substituted vide Notification No. PPG (P) 148/92/83, dated 18-1-1995].(ii) The pension will be admissible—(a) in the case of widow/widower up to the date of her/his death or r

R.145 .

Widows/Widower of such Government servants as are govern#31;ed by this Section will not be entitled to family pension under any other rule. Family Pension to the families of Government servants govern#31;ed by this Section as well as the Assam Services (Extraordinary Pension) Rules, 1963, who die as a result of “risk of office” or “special risk of office” as defined in the aforesaid Rules, 1963, would be paid under the Assam Services (Extraordinary Pension) Rules, 1963, and not under the Family Pension Scheme, 1964 in this Section except to the extent men#31;tioned in the Scheme. In other words they will not be entitled to benefits under the Family Pension Scheme, 1964, in this Section in addition except as indicated in Note 1 below sub-R. (v) of R. 142.

R.146 .

Family pension under the rules in this Section is not admis#31;sible in respect of—(a) persons who retired before the 1st January, 1964 but may be re-employed on that date or thereafter ;(b) persons paid from contingencies ;(c) work-charged staff;(d) casual labour ;(e) contract officers ;(f) persons who die after removal or dismissal from service and were/are granted Compassionate Allowance.

R.147 .

(1) As in the case of the grant of an ordinary pension, future good conduct of the recipient is an implied condition of every grant of a pension under this Section. Government reserve to themselves the right of withholding such a pension or any part of it if the recipient be convicted of serious crime or be guilty of grave misconduct and Govern#31;ment decision in such matters will be final.(2) If a Government servant dies after retirement, whether before or after hi? pension has been sanctioned, and any fact comes to light after his retirement whether before or after his death which, had they come to the notice of the Government before his retirement or death, would in the normal course, have ended with his dismissal or removal from service, or reduction in rank or withholding or withdrawing of pension, or would have resulted in institution of criminal prosecution under a charge which provides for

R.148 Furnishing of ‘Family’ details

The following procedures are to be followed in respect of claims arising out of the Scheme in this Section :(i) All non-gazetted employees entitled to the benefit of this Scheme shall be required to furnish details of their Family as defined in Cl. (i) of R. 143, i. e., the date of birth of each member, with his/her relationship with the Government ser#31;vant. This statement shall be countersigned by the Head of office and pasted in the Service Book of the Government servant. Government servants will thereafter be required to keep this statement up-to-date. Additions and alterations in this statement will be made by the Head of office from time to time on receipt of information from the Government servants concerned.(ii) All gazetted officers will furnish the details of their ‘family’ to their respective Accounts Officer. It will be their res#31;ponsibility to keep these particulars up-to

R.149 .

Recovery from a gratuity or pension sanctioned under Sections 11 and III of this Chapter may be effected in the same circum#31;stances as recoveries from an ordinary pension under R. 21. This shall apply also in the case of officers who entered in service before 1st April, 1939.Note. This does not apply to recovery of Government dues which can be effected from the gratuity without consent of the gratuity or the members of the family vide Note 3 below R. 20.

R.150 .

No gratuity or pension may be granted under Sections II and III of this Chapter if the officer was dismissed or removed for miscon#31;duct, insolvency or inefficiency. Compassionate grant may be made under these Sections in accordance with R. 24.

R.151 .

A gratuity or pension shall be sanctioned under Sections II and III after giving due regard to the provisions of R. 106.

R.152 Temporary Government servants

(i) A temporary employee who retires on superannuation or is discharged on account of retirement or is declared invalid for further service will be eligible for a gratuity at the rate of half months pay for each completed year of service ; provid#31;ed that he had completed not less than 5 (five) years, continuous service at the time of retirement/discharge/ invalidation.Note. ‘Pay’ for the purpose of determining the amount of gratuity will mean only basic pay and also dearness pay, if any, at the time of relinquishing service. It will not include special pay, personal pay, and other emoluments classed as "Pay". In case the person concerned was on leave with or without allowance immediately before retirement/ discharge/invalidation, pay for this purpose will be that which he would have drawn had he not proceeded on such leave.(ii) The grant of gratuity under Cl. (i) above will be

R.153 Contingency and other non-pensionable staff

(1) The Gov#31;ernor of Assam may, at his discretion and subject to such condition as he may think fit to impose, grant gratuity not exceeding six months pay to a person who retires, after rendering many years of satisfactory service as a contingency employee, or in Government Porter Corps, or in any other non-pensionable service (other than members of the work charged establishment) ; provided that no retirement benefit is otherwise admissible to such person under any other specific rule or order appli#31;cable to him.Note. Though service in a work-charged establishment is nonpesionable, members of such establishment may, on retirement, be en#31;titled to gratuity under R. 329 (2) of the Assam Financial Rules, Second Edition. Such staff will not be entitled to any gratuity under above rule in addition to the gratuity admissible under R. 323 of the Assam Financial Rules.

R.154 .

No officer, civil or military, may retire with the view of being re-employed and drawing pension to pay, whether in the general service or in (he service of any Local Fund.

R.155 .

When a person who was formerly in the civil or military employment of the Government of India obtains re-employment whether temporarily in Government service or in the service of a Local Fund, it shall be incumbent on him to declare to the appointing authority the amount of any bonus, gratuity or/and pension granted to him in respect of the previous employment. The authority re-appointing him shall specifically state in the order of re-appointment whether any deduction is to be made from pension or salary as required by the rules of this Chapter and shall communicate a copy of the order to the Audit Officer.Note 1. The principle of this rule applies in the case of continued employment on retirement from Government service. The amount of the pension to be declared is that sanctioned originally, I. e., it shall be inclusive of any amount that may have been commuted (vide Rr. 167 and 168). If

R.156 .

The attention of every officer who is re-employed should be specifically called to the provisions of this Chapter by the authority re-employing him, and whether he becomes aware of such an appoint#31;ment, by the Audit Officer, but the failure of such authority so do this will not be admitted a ground for condoning any breach of the rules contained in this Chapter.

R.157 .

Notwithstanding anything contained in the rules in this Chapter, a wound or other extraordinary pension sanctioned under the Assam Services (Extraordinary Pension) Rules, 1963, and a wound or injury or disability pension or a disability addition to pension awarded under the military rules shall continue to be drawn by a retired Govern#31;ment servant, civil or military, during re-employment or continued employment, and shall be subject only to the conditions of its awards. The amount of such pension or addition to pension shall not be taken into account when fixing the pay during re-employment or contined employment.Note. Where the military pension is consolidated, and service and disability elements are not explicitly differentiated, the total pension may be split up in the following manner. The service portion of the pension will be represented by the service pension earned or, if no ser

R.158 .

Re-employment after compensation gratuity. An officer who has obtained a compensation gratuity, if re-employed in qualifying service, may either retain his gratuity, in which case his former service will not count for future pension or refund it and count his former service.

R.159 .

The intention to refund must be stated immediately on re-employment ; but the refund may be made by monthly installments of not less than one-third of the officers salary, and not less than the whole gratuity divided by the number of months which have elapsed since the end of the service for which the gratuity was given. The right to count previous service does not revive till the whole amount is refunded.Note. The equity of this rule is based upon the consideration that so long as the refund of the gratuity is postponed, the officer avoids the risk and the State loses the possibility of the gratuity lapsing absolutely to the public treasury by the death or dismissal of the officer. A subsequent refund to a gratuity, even with compound interest, does not compensate the State for the loss of this possibility meanwhile.

R.160 After Compensation Pension

(a) An officer who has obtained a compensation pension, if re-employed, may retain his pension in addition to his pay; provided that, if he is re-employed in a post paid from the Consolidated Fund of the State, the pension shall remain wholly or partly in abeyance if the sum of the pension (including com#31;muted portion of pension, if any, and pension equivalent of death-cum-retirement gratuity, where admissible) is equal to his substantive pay at the time of his discharge. Once the amount of the pension has been fixed in conformity with the above condition, the officer shall be entitled to receive the benefits of increments in his new scale or promotion to another scale or posts without a further corresponding reduction in pension; nor shall the amount of pension so fixed be varied during leave.Note 1. This rule applies to re-employment on all establishments paid from the Consolidated Fu

R.161 .

In the case of a section-writer whose services have been allowed to qualify for pension under special orders of the Governor or of a press employee (see Rule 42) who has been re-employed, the subs#31;tantive pay at the time of discharge is taken at the average earnings of the last six months of employment.

R.162 .

If an officer does not, within three months from the date of his re-employment, exercise the option conceded by R. 160 of ceasing to draw pension and counting his former service he may not thereafter do so without the permission of the Governor.

R.163 After Invalid Pension

There is no bar to re-employment of an officer who has regained health after obtaining invalid pension ; or if an officer is invalid as being incapacitated for employment in some other branch of the service, to his re-employment in some other branch of the service. The rules in such a case as to refunding gratuity, drawing pension and counting service are the same as in the case of re-employ#31;ment after Compensation Pension.

R.164 After Superannuation or Retiring Pension

An officer who is in receipt of a superannuation or retiring pension and/or gratuity shall not be re-employed or continued to be employed in service paid from the Consolidated Fund of the State or from a Local Fund, except on public grounds. Subject to the conditions prescribed in R. 165, sanction to re-employment or extension of the terms of employment may be given—(i) by the Governor ;(ii) by any authority to whom the Governor may delegate his powers under this rule in respect of pensioners re-employed in establishment under the control of such authority.Note 1. Subject to the condition mentioned in Note 1 below R. 165 the Governor has been pleased to delegate powers under Cl. (ii) of this rule to the Administrative Department of the Government to sanction re-employment, in public interest, of pensioners in establishment under their control. This power should be exerc

R.165 .

The authority competent to fix the pay and allowances of the post in which the pensioner is re-employed shall determine whether his pension shall be held wholly or in part in abeyance. If the pension is drawn wholly or in part such authority shall take the fact into account in fixing the pay to be allowed to him.Note 1. The Administrative Department who are competent to sanction re-employment under powers delegated to them in Note 1 below R. 164 may fix pay and allowances of all re-employed pensioners under them when the pay on re-employment together with pension, were allowed to be drawn separately, including the commuted portion of pension and pension equivalent of gratuity and/or death-cum-retirement gratuity, if any, does not exceed the last pay drawn by office immediately before retirement :Provided that the pay so fixed shall not be less than the minimum of the sc

R.166 Exception

The foregoing rules do not apply to pensioners re-employed under the Court of Wards.

R.167 In case of commutation of pension

In the case of a pensioner who is re-employed in Government service of a local fund and who commutes a portion of his pension after such re-employment, the amount of pensions which the pensioner is entitled to draw under the rules in this Section shall be the amount to which he would have been entitled had there been no commutation, less the amount commuted.

R.168 .

A pensioner who, foregoing his former pension, is re-employ#31;ed and has commuted a portion of his pension before retirement, shall be required to refund the full amount of commutation value. This amount will be that originally paid to him and not the amount due according to calculation at the rate than present rates. The refund may be made by monthly installment of not less than one-third of his pay and the right to count former service as pensionable shall not revive until the full amount of the commutation value has been repaid.

R.169 .

In the case of a pensioner whose pension is held wholly in abeyance during such re-employment and who commutes a portion of his pension during this period, his pay during re-employment shall be reduced by the amount of pension commuted with effect from the date on which the commutation becomes absolute. In the case of a pensioner whose pension is held partly in abeyance during such re-employment, and who during this period commutes a portion of his pension in excess of the portion actually drawn, his pay during re-employment shall be reduced, with effect from the date on which the commutation becomes absolute, by an amount representing the difference between the portion of pension drawn until the commutation.The pensioner shall, as soon as he commutes any portion of pension during re-employment, intimate this fact to the re-employing authority for re-fixation of his pay contemplated in thi

R.170 .

In the case of pensioner, a portion of whose pension has been commuted before re-employment, the original amount of the pension should be taken into consideration in fixing the total receipts during re-employment of continued employment and not merely the uncommitted portion.

R.171 After Death-cum-Retirement Gratuity

The term “pension” or “gratuity” used in this Chapter includes the death-cum-retirement gratuity which an officer receives or is entitled to receive on retirement under the Liberalised Pension Rules in Chapter VIII. The pension equi#31;valent of death-cum-retirement gratuity should, therefore, be taken into account for the purpose of determining the officers pay during re-employment. The pension equivalent of the lump sum gratuity should be determined by applying the current Table of Commutation Value of Pensions, the age of the person concerned being taken as the age on the next birth day after retirement from Government service. If, however, the pension case of the re-employed pensioner has not been finalised and the pensionary equivalent of death-cum-retirement gratuity cannot be calculated, a written undertaking should be obtained from the re-employed official to the effect that he would have no objection

R.172 .

Except where it is otherwise expressly provided, the rules in Section II of this Chapter do not apply to a military officer, depart#31;mental officer, warrant or non-commissioned officer, or soldier who is taken into or allowed to continue in civil employ after ho has been granted a pension under military rules.Note. A wound or injury pension shall be reduced or terminated only by virtue of the conditions of its award and shall not be affected by the re-employment of the pensioner in Government service.

R.173 .

(a) Where a person formerly in military service obtains em#31;ployment in the civil department after having been granted a military pension, he shall continue to draw his military pension, but the auth#31;ority competent to fix the pay and allowances of the post in which he is re-employed shall have, in fixing his pay and allowances in the post in which he is re-employed, the power to take into account the amount of pension, including such portion of it as may have been commuted.(b) A military officer, departmental officer, warrant or non-commis#31;sioned officer or soldier who is granted a pension under military rules while he is in civil employ, shall draw such pension while he is in civil employ, but the authority competent to fix the pay and allowances of the post in civil employ may, with effect from the date from which the pension is granted, reduce such pay and allowances with reference to su

R.174 .

The pension of the heir of an Indian Military Officer or non-commissioned officer or soldier, or the heir of a medical subordinate will, during employment in any Civil Department, merge in his salary.

R.175 .

Unless in any case it be otherwise distinctly provided in this Chapter, a Government servant who has received a pension on retire#31;ment shall not, if re-employed in Government service, be permitted to count his new service as qualifying for a second pension. If the new service is pensionable it must be combined for the purpose of calculat#31;ing pension with the service previously rendered and the whole treated as one service.

R.176 .

The provisions of the above rule do not apply to a Govern#31;ment servant who is taken into or allowed to continue in civil employ after earning a pension in military employ. Such a Government servant may, if he is not permitted or does not desire to count the duty per#31;formed in military employ as duty qualifying for pension, draw his military pension in addition to pay in civil employ, but the authority competent to fix the pay and allowances of the post in which he is re-employed shall have in fixing his allowances in the post in which he is re-employed, the power to take into account of pension, including such portion of it as may have been commuted. If his service in such employ has been pensionable, he may (on retirement from civil em#31;ployment be granted any pension or gratuity earned by it in addition to his military pension. When such a Government servant earns a pension under military rules whil

R.177 .

If an officer who has obtained a compensation or invalid pension is re-employed in pensionable service and retains the pension under R. 160, the pension or gratuity admissible for his subsequent service is subject to the following limitation, namely, that the gratuity or the capital value of the pension shall not be greater than difference between the value of the pension that would be admissible at the time of the officers final retirement if the two periods of service were com#31;bined, and the value of pension already granted for the previous service.

R.178 .

(a) If a gratuity received for the earlier service has not been refunded, or pension (as the case may be) allowed for the subsequent service on condition that the amount of such pension plus the amount of the previous gratuity shall not exceed the amount of gratuity or the present value of the pension that would have been admissible had the gratuity for the earlier service been refunded.(b) If the amount of such gratuity or the present value of such pension plus the amount of the previous gratuity, exceed the amount of gratuity, or the present value of the pension that would have been admissible if the gratuity received for the earlier service had been refunded, the excess must be disallowed.Note. For the purpose of Rr. 177 and 178 the benefit of death-cum-retirement gratuity, if any, admissible under Section II of Chapter VIII should also be taken into consideration.

R.179 .

For the purpose of Rr. 177 and 178 the capital or present value of a pension shall be calculated in accordance with the table prescribed by the Assam Services (Commutation of Pension) Rules, 1965.Section V—Commercial employment after retirement

R.180 .

(a) If a pensioner, who immediately before retirement held a gazetted post under the rule making control of the Governor, wishes to accept any commercial employment before the expiry of two years from the date of his retirement, he should obtain the previous sanction of the Governor to such acceptance. No pension shall be payable to pensioner who accepts a commercial employment without such sanction in respect of any period for which he is so employed or such longer period as the Governor may direct.(b) In this rule, “commercial employment” includes employment under a local authority, an industrial concern and means employment in any capacity including that of an agent under a company, firm or individual engaged in commercial or industrial business and includes also a directorship of such company and a partnership of such firm but shall not include employment under a body corporate owned or con#31;t

R.181 Employment under a Government outside India after retire#31;ment

(a) If a pensioner, who immediately before retirement held a gazetted post under the rule making control of the Governor of Assam, wishes to accept the employment under a Government outside India, he should obtain the previous sanction of the Governor of Assam to such acceptance. No pension shall be payable to a pensioner who accepts such an employment without proper permission, in respect of any period for which he is so employed or such longer period as the Governor of Assam may direct :Provided that a Government servant permitted by the appropriate authority to take a particular form of employment under a Govern#31;ment outside India during his leave preparatory to retirement shall not be required to obtain subsequent permission for his continuance in such employment after retirement.(b) For the purpose of this rule “employment under a Government outside India” shall

R.182 .

The rules in this Chapter shall apply to all officers applying for pension under these rules.

R.183 .

All authorities dealing with applications for pension under these rules should bear in mind that the delay in the payment of pen#31;sions involves hardship. It is essential to ensure, therefore, that an officer begins to receive his pension on the day on which it becomes due.Note. Annual superannuation statement (vide R. 95) should be checked at least quarterly to see if any officer due to retire within one year not yet submitted his pension application. Attention of such officer she-mid be drawn to R. 184 and they should be reminded to sub#31;mit their formal application.

R.184 .

Every officer shall submit a formal application for pension in Form No. 1 (Pension). An officer should, in his own interest, submit his pension application for pension to the authority certified in R. 188 or 192, as the case may be, one year in advance of the date of his actual or anticipated retirement.Provided that—(i) in a case in which the date of retirement cannot be foreseen one year in advance, the application shall be submitted im#31;mediately after the date of retirement is settled ; and(ii) an officer proceeding on leave preparatory to retirement on excess of one year, when admissible, shall submit the appli#31;cation at the time of proceeding on such leave.Note 1. This rule is intended to obviate delay in the settlement of claims for pension and to ensure that an officer may not retire under the misapprehension that he has earned a pension

R.185 .

The Audit Officer shall send to every Gazetted officer a copy of Rr. 148 to 188 one year in advance of the date by which the officer attains the age of superannuation or as soon as possible before the date from which he has formally sought permission to retire if earlier, with the remark that there is likely to be a delay in the commencement of his pension if he does not submit a formal application as soon as the rules permit.

R.186 .

Question affecting the pension or pensionable service of an officer which for their decision depend on circumstances known at the time shall be considered as soon as they arise.Any question which for decision depends on possible circumstances that may arise in future or on hypothetical conditions may be raised or discussed as soon as the permissible period for submission of formal application for pension under R. 184 begins.

R.187 .

Except in cases covered by the first sentence of R. 186 or in individual cases under specific order of the Government, an Officer may not give advice upon any question connected with the claim of an officer to pension until the permissible period prescribed in R. 184 for the submission of formal application for pension begins.Section II—Application and sanctionA—Gazetted Officer

R.188 .

A Gazetted officer shall submit a formal application for pen#31;sion in. Form No. 1 (Pension) to the Head of the Department. If the officer is himself the Head of the Department, he shall submit the appli#31;cation in Form No. 2 (Pension) direct to the Administrative Department of the Government along with a formal application in Form No. 1 (Pension).

R.189 .

(i) The, authority receiving the formal application in Form No. 1 (Pension) shall immediately draw up the application in Form No. 2 (Pension). Even where the formal application has not been received the Head of the Department shall draw up the application in Form No. 2 (Pension) as soon as it becomes known that an officer is due to retire within one year or has proceeded on leave preparatory to retirement and shall not delay it till the officer has actually submitted the formal application for pension. In the latter case entries against Items 14, 16, 17 and 18 on the First Page of Form No. 2 (Pension) shall not be filled up at the initial stage. The relevant entries shall be made soon after the formal application is received. However, if by the time the formal application in Form No. 2 has already been sent to the Audit Officer, the formal application shall immediately be forwarded to the Audit Officer who wi

R.190 .

(a) After completing the application in the manner prescribed in R. 189 it shall be forwarded along with the necessary documents to the Accountant General through the authority empowered to sanction the pension.(b) To the extent applicable, the following documents should also be forwarded along with the pension application in Form No. 2 namely ;(i) Last Pay Certificate if the applicant is no longer in service.(ii) Invalid certificate from the appropriate medical authority if the application is for invalid pension.(iii) Memorandum of average emoluments.(iv) Two specimen signatures duly attested or in the case of persons not literate enough to sign their names, two slips bearing the left hand thumb and fingers impressions, duly attested.(v) (a) Three copies of passport size photograph duly attested ; or(b) Three copies of passport size joint

R.191 Sanction

(a) The Administrative Department of the Govern#31;ment, the Head of the Department, or any authority competent to fill the post vacated by the retiring officer shall be competent to sanction pension. Such authority shall, after due consideration of the fact of the case and having due regard to the provision of R. -106 record on the application his order as to whether the service has been satisfactory and is approved for grant of the full pension admissible under the rules and if otherwise what reduction should for that reason be made from the full pension or/and gratuity admissible under the rules. The pension sanctioning authority shall keep a copy of the application before for#31;warding the same to the Audit Officer.(b) The pension sanctioning authority has the special responsibility of ensuring that the application in Form No. 2 with his orders is sent to the Audit Officer in time so as to enab

R.192 Verification of service

A non-gazetted officer shall submit a formal application for pension in Form No. 1 (Pension) to the Head of office.

R.193 .

On receipt of the formal application in Form No. 1 (Pension), the Head of office shall immediately prepare a statement of the appli#31;cants service in the Second Page of Form No. 2 (Pension), and arrange to verify them according to the following procedure :(a) He shall go through the Service Book and the Service Roll, if any, and satisfy himself whether the account that annual certi#31;ficates of verification for the entire service are recorded there#31;in. In respect of the unverified portion(s) of service he shall arrange to verify it or them, as the case may be, with refer#31;ence to pay bills, acquittance rolls or other relevant records and record the necessary certificates in the Service Book or Service Roll, as the case may be.(b) If the service for any period is not capable of being verified in the manner specified in Cl. (a), that period of service having been rendered by the offi

R.194 .

Notwithstanding anything contained in R. 193 the preparation of the service statement and the verification of service in the manner set out in the preceding rule, shall be undertaken by the Head of the office one year before the date on which an officer is due to retire on super#31;annuation or on the date on which he proceeds on leave preparatory to retirement, whichever is earlier and shall not be delayed till the officer has actually submitted the formal application for pension.

R.195 .

(a) (i) After completing the verification in the manner indi#31;cated in R. 193, the Head of the office shall draw up the application in Form No. 2 (Pension). This should be done irrespective of the fact whether a formal application for pension has been received from the officer or not. If at the time application in Form No. 2 is drawn up, a formal application from the officer has not yet been received, entries against items 14, 16, 17 and 18 on the First Page of Form No. 2 shall not be filled up at that stage. The relevant entries shall be made soon after the formal application is received. However, if by the time the formal application in Form No. i is received and the application in Form No. 2 has already been sent to the Audit Officer, the formal appli#31;cation shall immediately be forwarded to the Audit Officer who will complete the necessary entries.(ii) The Head of the office shall also foll

R.196 Death-cum-retirement gratuity in Section II and/or Family Pension in Section III of Chapter VIII in case of death of Government servant pensioner

On receipt of a formal implication from the proper pension in First Page of Form No. 3 for death-cum-retirement gratuity/ residuary gratuity and in First Page of Form No. 4 for family pension, the Head of office/Department shall draw up a statement of the services of the deceased officer in the Second Page of Form No. 3 or 4 as the case may be. He shall then fill up the columns under “Remarks by the Receiving Authority” on the Third Page of the Form. The application shall then, along with the orders of the pension sanctioning authority on the Third Page of the Form and other relevant documents be forwarded to the Audit Officer. In case of residuary gratuity and/or family pennon after retirement the statement of services of the deceased officer would have already been drawn up in the Second Page of Form No. 2 before sanctioning the death-cum-retirement gratuity and it would not be necessary to go through this

R.197 Audit check

(1) On receipt of the pension papers passed on to him under the provisions of R. 190 or 195, the Audit Officer shall apply the requisite checks and record his audit enfacement on the Fourth Page of the application in Form No. 2, showing the period of qualifying service which has been verified and accepted for the grant of pension or and gratuity, the amount and the date from which it/they is/ are admissible, etc. If the pension is payable in his circle of audit, he shall thereafter prepare the Pension Payment Order on the basis of the orders of the pension sanctioning authority and the audit enfacement, but shall not issue it more than a fortnight in advance of the date on which the officer is due to retire. The fact of issue of the Pension Pay#31;ment Order shall be promptly reported to the pension sanctioning authority, and the pension papers which are no longer required returned to him. The application in

R.197-A Interest on delayed payment of pension and gratuity

(1) If the payment of pension and gratuity has been authorised later than the date when its payment becomes due and it is clearly established that the delay in payment was attributable to administrative lapses, interest shall be paid at such rates as specified under sub-R. (b) of this rule and instructions issued by the Government from time to time :Provided that the delay in payment was not caused on account of failure on the part of the Government servant to comply with the pro#31;cedures laid down by the Government from time to time for processing his pension papers.(2) Every case of delayed payment of pension and gratuity shall be considered by the Secretary of the Department in respect of his em#31;ployees and employees of its attached and subordinate offices and where the Secretary of the Department is satisfied that the delay in payment of pension and gratuity wa

R.198 .

(1) Should the amount of pension granted to an officer be afterwards found to be in excess of that to which he is entitled under the rules, he shall be called upon to refund such excess. For this pur#31;pose, the officer concerned shall be served with a notice by the pension sanctioning authority, requiring h: m to refund the excess payments within a period of two months from the date of receipt by him of the notice. On his failure to comply with the notice, the pension sanction#31;ing authority shall order that such excess payment shall be adjusted by short payments of pension in future, in one or more installments, as the authority may order.(2) (a) In cases where a portion of qualifying service at the end re#31;mained unverified at the time of issue of the pension payment order (by the Audit Officer) due to fact that the pension application was sent to the Audit Officer before his date of retirem

R.199 Pension

(1) When an officer is likely to retire before his pension can be finally assessed and settled in accordance with the provi#31;sions of the preceding Section of this Chapter, the Accountant General shall sanction the disbursement of pension to which, after the most careful summary investigation that he can make without delay, he be#31;lieves the officer to be entitled :Provided that such disbursement shall be made only after the decla#31;ration specified below has been signed by the retiring officer :Declaration“Whereas the..................(here state the designation of the officer sanctioning the advance) has consented provisionally to advance to me the sum of Rs............a month, in anticipation of the completion of theenquiries necessary to enable the Government to fix the amount of my pension, I hereby acknowledge that, in accepting this advan

R.200 Service gratuity

If the Audit Officer considers it likely that in a case contemplated in the preceding rule the officer would be entitled to gratuity only, he may sanction the disbursement of not more than three-fourth of the amount of such probable gratuity to which after the most careful summary investigation that he can make without delay, he believes the Government servant to be entitled.If the amount of gratuity disbursed proves to be larger than the amount found actually due upon completion of the inquiries, gratuitant shall not be required to refund any excess actually disbursed to him, except as provided in Chapter X.

R.201 Death-cum-retirement gratuity

When a Government servant whose death-cum-retirement gratuity is payable in India, is likely to retire before the amount of the gratuity can be finally assessed and settled in accordance with the procedure mentioned earlier, the Audit Officer may sanction the disbursement of not more than three-fourth of the amount of gratuity to which, after the most careful summary investigation that he can make without delay, he believes the Govern#31;ment servant to be entitled on the basis of his continuous temporary and permanent service. In the event of death of the Government servant, similar payment of gratuity may also be authorised in the appro#31;priate proportion to the nominee(s) or in case of no nomination, to the member(s) of his family in accordance with the relevant rule (R. 135).

R.202 Family pension

In similar circumstances, an anticipatory family pension (not exceeding three-fourths of the amount admissible on the basis of service verified up to the date of sanction) may also be paid when the Audit Officer on verification, is satisfied that such family pension is admissible.

R.203 .

The payment of anticipatory pension and gratuity shall be so arranged that it is not delayed beyond the first day of the month in which it is normally due for payment.

R.204 .

To enable the Audit Officer to exercise the jurisdiction entrusted to him under Rr. 199, 200, 201 and 202, the authority whose duty is to sanction the pension shall, if he has reason to believe that the pension gratuity cannot possibly be sanctioned by the date on which the officer is due to retire, furnish the Audit Officer with fullest information that can be obtained without delay regarding the officers service, the probable amount of pension, etc., unless the pension papers containing such information are already in the possession of the Audit Officer.Note. The Audit Officer will not insist on the production of the Last Pay Certificate before making or authorising payment of antici#31;patory pension, anticipatory gratuity (including death-cum-retirement gratuity) and commuted value based on anticipatory pension if a Gazette Notification or formal orders notifying intimating the fact of

R.205 .

Except as otherwise contemplated in case of grant of family pension under Chapter VIII, a pension, apart from special orders, shall be payable from the date on which the pensioner ceases to be borne on the establishment, or from the date of his application whichever is later. This rule may be relaxed by the authority sanctioning the pension when the delay is sufficiently explained.Note 1. A pension is to be sanctioned only on receipt of formal application from the Government servant concerned. If a Government servant dies immediately or shortly after retirement without having formally applied for pension, the authority competent to sanction a pension to the deceased Government servant had he made a formal application before death, may relax the provisions of the above rule and R. 184 and sanction pension and/or gratuity to the Government servant from the date of retirement up to and inclus

R.206 .

Rule 205 shall apply to ordinary, not to special cases. If under special circumstances, a pension is granted long after an officer has retired retrospective effect should not be given to it without the special orders of the Governor; in the absence of special orders such pension shall take effect only from the date of sanction.

R.207 .

All pensions shall be payable in rupees in India :Provided that if a pension is allowed to be drawn at a place outside India payment of pension may be made in other currency at the pres#31;cribed official rate of conversion, subject to Foreign Exchange Regula#31;tions Act, 1947 ; and such other conditions as may be prescribed from time to time ;Provided further that persons who are now drawing pension outside India may continue to enjoy the same concession which they were entitl#31;ed to immediately before the commencement of these rules, subject to such restrictions as may be prescribed hereafter.Note 1. As the payment of pension outside India involves question of foreign exchange, the Government of India, Ministry of Finance (Department of Economic Affairs), shall be consulted on all questions relating to such payment of pension/gratuities outside

R.208 .

A gratuity is paid in a single sum, and not by installments, on receipt of the Accountant Generals authority.

R.209 .

A gratuity may, at the discretion of the Government or with the sanction of the Government on the application of the recipient, be converted either into a life annuity, or into a temporary life annuity, or an annuity payable for a fixed number of years with the remainder to be payable to the annuitant’s heirs in case of his death. The amount of the life annuity will be determined by the table prescribed under the Assam Services (Commutation of Pension) Rules, 1965, while that of the temporary life annuity will be determined in each case with consultation of the Actuary to the Government of India on the assumption of the same rate of interest and mortality on which the table prescribed under Assam Services (Commutation of Pension) Rules, 1965, is based.

R.210 .

The Government shall not insist on the conversion of a gratuity into an annuity, unless the expectation of life of the officer be reported by competent medical authority to be equal to the average.

R.211 .

(1) No pension shall be paid until the paying officer has received the authorisation from the Accountant General. Such auth#31;ority will be a Pension Payment Order. A pension for which Pension Payment Order has been issued is payable in India monthly in arrears on or after the first day of the following month under the following procedure :(i) Each Pension Payment Order will be accompanied by the prescribed form intended to be delivered by the Disbursing Officer to the pensioner concerned for use as a wallet for the pensioners half of the Pension Payment Order.(ii) On receipt of the Pension Payment Order the disbursing officer will deliver one-half to the pensioner, and keep the other half carefully in such manner that the pensioner shall not have access thereto.(iii) Each payment made is to be entered on reverse, both of the pensioners half and of the disbursing officers half o

R.212 Identification of pensioner

As a rule, a pensioner must take payment in person after identification by comparison with the Pension Payment Order.

R.213 .

Three certified copies of the pensioners photographs (three copies of joint photographs with wife/husband in case of those under the Family Pension Scheme, 1964) in passport size shall be obtained and furnished by the Head of office at the cost of the pensioner to the Accountant General who will paste it on the Disbursing Officers half of the Pension Payment Order and the Treasury Officer may make payment on the strength of the resemblance between the pensioner and his photograph pending the final reconciliation of any question which may arise about identification marks. The use of photographs as an additional means of identification does not, however, apply to pardahnashin ladies, and those pensioners who may be specially exempt#31;ed by the Government.Note. The identification of pensioner by means of photograph will be in addition to the system of recording the signature/thumb and finger

R.214 .

A pensioner specially exempted by the Governor from personal appearance, a female pensioner not accustomed to appear in public, or a pensioner who is unable to appear in consequence of bodily illness or infirmity, may receive his or her pension upon the production of a life certificate signed by a responsible officer of Government or by some other well known and trustworthy person.Note. The power to grant exemption under this rule from personal appearance to draw pension may be delegated to any officer of not below the rank of Deputy Commissioner of a District.

R.215 .

A pensioner of any description, who produces a life certi#31;ficate signed by some person exercising the powers of a Magistrate under the Criminal Procedure Code (Act V of 1898) or by any Registrar or Sub-Registrar appointed under the Indian Registration Act, 1908 (XVI of 1908) or by any pensioned officer who, before retirement, exer#31;cised the powers of a Magistrate or by any Gazetted officer or by a police officer not below the rank of Sub-Inspector-in-charge of a Police Station or by a Post Master, a Departmental Sub-postmaster, or an Inspector of Post Offices, or by the Reserve Bank of India or the State Bank of India or any other Bank approved by the Government for the purpose is exempted from personal appearance.

R.216 .

(a) In all cases referred to in Rr. 214 and 215 the Disbursing Officer must take precautions to prevent impositions and must at least once a year, require proof independent of that furnished by the life certificate of the continued existence of the pensioner.(b) For this purpose he should (save in case of exemption from personal appearance granted under R. 214) require the personal attend#31;ance and due identification of all pensioners who are not incapacitated by bodily illness or infirmity so attending, and in all cases where such inability may be alleged, he should require proof in addition to the proof submitted of the pensioner’s existence.Note 1. The Disbursing Officer is personally responsible for any payment wrongly made ; in case of doubt he should consult the Accountant General.Note 2. A pensioner of rank be privately identified by the Disburs#31;in

R.217 .

Payment of pension to police pensioners are made in accord#31;ance with the rules in this section but if the Disbursing Officer entertains doubt as to the identity of such pensioner, he may require local Inspector of Police to identify him. The Inspector would then be responsible for the correct identification of the pensioner.

R.218 Payment to agents

(a) A pensioner of any description resident in India is exempted from personal appearance if he draws his pension through a duly authorised agent approved by the Government, who must execute a bond to refund overpayments and produce at least once a year a life certificate signed by any of the persons authorised by R. 215 to sign such certificate.Note. Payment of pension from the Treasuries in India to any pensioner resident outside India or to his agent is not allowed under the Foreign Exchange Regulations Act, 1947 except with the prior special permission of the Bank of India and shall be governed by such other restrictions and procedures as may be prescribed by the Government of India in this respect. Treasury officer and other pension disbursing officers while making payment to any person whether resident or non#31;resident should satisfy themselves that a person is resident of India an

R.219 Transfer of pension

The Government or the Accountant General may, if sufficient cause be shown, permit the transfer of the payment of a pension from one treasury in India to another. This jurisdiction may be delegated by the Government to any executive authority not lower than the Deputy Commissioner of a District. In case of the transfer of the payment from another State to a treasury in Assam, such transfer shall not take effect until a Pension Payment Order has been received from the Accountant General Assam, by the Officer who will make payment from the new treasury.

R.220 .

(a) A copy of any order issued by the Government or other executive authority under R. 219 should be forwarded to the Accountant General. The Deputy Commissioner of the District from which payment is to be transferred should also be instructed to return his half of the Pension Payment Order.(b) The Accountant General will then either issue a new payment order, or enface the payment order for payment at the new treasury and forward it to the Treasury Officer who will in future pay the pension, or, if the treasury is in another State, will move the Accountant General of the State to do so.

R.221 .

The Treasury Officer may authorise payment in any of the outlying treasuries subordinate to his district treasury, of a pension payable under proper authority at his headquarters, and may transfer payment of a pension from such subordinate treasury to the district treasury or from one subordinate treasury in the same district.

R.222 Payment of pension in or transfer of pension from India to other countries

Payment of pensions from India to other countries shall be regulated by the relevant provision in the Civil Service Regulations subject to such restrictions in the matters of foreign exchange as the President may from time to time impose. [See also R. 207 and Note below R. 218].

R.223 Certificate of non-employment

(a) A pensioner drawing pension is required to append to his bill certificates as follows :Certificate(1) I declare that I have not received any remuneration for serving in any capacity either under Government or under a Local Fund, during the period for which the amount of pension claimed in this bill is due.(2) I declare that I have not accepted any commercial employment.ORI declare that I have accepted commercial employment after obtain#31;ing the previous sanction of the Governor.Note. The Certificate (2) above is required to be given for a period of two years from the date of retirement by every pensioner who immediately before retirement held a Gazetted post under the Govern#31;ment of Assam [vide R. 180].(3) I declare that I have not accepted any employment under a Government outside India.ORI

R.224 Renewal of Pension Payment Order

When the reverse of a Pension Payment Order is filled up, or when the pensioner’s half is found to be worn or torn, both halves may be renewed by the Treasury Officer.

R.225 .

If a pensioner loses his half of the Pension Payment Order, a new order may be issued by the Treasury Officer, who should see that no payment is made on the half alleged to have been lost by a strict observance of R. 211 (1) (iii). The necessary note should be made in remarks column of the register in Form No. T. R. 36 of the Treasury Rules,

R.226 .

Lapses and forfeitures. If a pension remains undrawn for more than one year, the pension ceases to be payable ; provided that if the pensioner afterwards appears, the Disbursing Officer may renew his payments. But if the amount is to be paid for the first time or if the amount of arrears exceeds Rs. 1,000 the arrears cannot be paid without the previous sanction of the authority by whom the pension was sanctioned, to be obtained through the Accountant General.Note 1. The Governments of West Bengal, Bihar, and Uttar Pradesh, have delegated to the Deputy Commissioner, Darjeeling ; Collectors of Purnea, Darbhanga and Gorakhpur and the Deputy Com#31;missioners of Gonda, Bahraich and Almora and Sub-Divisional Officer Pithoragarh the power to sanction without reference to the Accountant General concerned, the payment of arrears of pensions extending beyond a period of one year in respect of the G

R.227 .

If the suspension of payment is attributable to error or neglect by any public officer, the Accountant General may direct pay#31;ment of the arrears without taking the orders of Government.

R.228 Deceased pensioners

(a) On the death of a pensioner, pay#31;ment of any arrears actually due may be made to his heirs ; provided that they apply within one year of his death. It cannot be paid there#31;after without the sanction of the authority by whom the pension was sanctioned to be obtained through the Accountant General.(b) But if the arrears do not exceed Rs. 100 and the case presents no peculiar features, the Accountant General may pass the arrears on his own authority,(c) After payment of the arrears of pension, the Pension Payment Order should be returned to the Accountant General with a report of the date of the death of the pensioner.

R.229 .

Subject to the provisions of R. 228 the arrears of pension of a deceased pensioner may be paid to the heir of the deceased without the production of the usual legal authority to the extent of Rs. 2,500 under the Deputy Commissioner or other officer responsible for the payment, after such enquiry into the rights and title of the claimant as may be deemed sufficient. Any excess above Rs. 2,500 may similarly be paid under the orders of the Governor on execution of an indemnity bond, with such sureties as he may require, if he is satisfied of the right and title of the claimant and considers that undue delay and hardship would be caused by insisting on the production of and letters of adminis#31;tration.In any case of doubt, payment should be made only to the person producing legal authority.Note The form of indemnity bond mentioned in this rule is (T. R. Form No. 16) presc

R.230 .

If an officer, other than an officer referred to in Rr. 17 or 18, dies before actually retiring or being discharged, his heirs have no claim to anything in respect to his pension.Note. In case of officers referred to in Rr. 17 and 18 grant of death gratuity or family pension will be regulated by rules in Chapter VIII.

R.231 .

An officer’s claim to pension is regulated by the rules in force at the time when the officer retires, resigns or is discharged from the service of Government.

R.232 .

Government servant on transfer from another service. An officer transferred to a service or post to which these rules apply, becomes subject to these pension rules ; provided that it shall be open to him, within six months of the date of transfer or, if he is on leave on that date, within six months of his return from leave, to elect to be governed by the pension rules to which he was subject immediately before the date of transfer. The intention of exercising the option must be specifically declared to the State Government The option once exercised shall be final.Note. Pension of Government servants serving under the Central and State Governments on “Agency” works :Whether the staff employed on “Agency” work should be governed by the pension rules of the State Government under whose administra#31;tive control they are employed or by the pension rules of the Central Gov

R.233 Removal of doubt

If any doubt arises as to the interpreta#31;tion of any of these rules or about the applicability of any of these rules in case of any person governed by the rules in the Assam Pension Manual, Second Edition, 1939, immediately before commencement of these rules, the matter shall be referred to the State Government in the Finance Department who reserve to themselves the right of changing the rules and interpreting their meaning and whose decision thereon shall be final.

R.234 Special provision

In any case in which a pension is not admissible under any specific provision of any of these rules, the Governor may sanction the grant of pension in exceptional circum#31;stances, if the grant is not inconsistent with the general spirit of the rules.

FORM.No. 29 .

No. 29

R.235 .

Where the Governor of Assam is satisfied that the operation of any of these rules causes undue hardship in any particular case, he may dispense with or relax the requirements of that rule to such extent and subject to such conditions as he may consider necessary for dealing with the case in a just and equitable manner ; provided that the case shall not be dealt with in a manner less favorable than that provided in these rules.

FORM.No. 1 .

FORM No. 1