Gazette Notification dated 19.09.2019 : Amendment in Rule 54 of CCS (Pension) Rules, 1972

Gazette Notification dated 19.09.2019 : Amendment in Rule 54 of CCS (Pension) Rules, 1972

Gazette Notification dated 19.09.2019 : Amendment in Rule 54 of CCS (Pension) Rules, 1972

 

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Pension and Pensioners’ Welfare)

NOTIFICATION

New Delhi, the 19th September, 2019

G.S.R. 673(E).— In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor-General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Pension) Rules, 1972, namely:-

1. Short title and commencement. – (1) These rules may be called the Central Civil Services (Pension) Second Amendment Rules, 2019.

(2) They shall come into force from 1st day of October, 2019

2. In the Central Civil Services (Pension) Rules, 1972,-

(i) in rule 54,

(a) in sub-rule (3), –

(A) in clause (a), in sub–clause (i), the words “after having rendered not less than seven years’ continuous service” shall be omitted;

(B) in clause (b), in sub-clause (i), the words “after having rendered not less than seven years’ continuous service”shall be omitted;

(b) after sub-rule (3), the following sub-rule shall be inserted, namely: –

(3A) Where of a Government servant who died within ten years before the 1st day of October, 2019, without completing, continuous service of seven years, his family shall be eligible for family pension at enhanced rates in accordance with sub-rule (3) with effect from the 1st day of October, 2019, subject to fulfilment of other conditions for grant of family pension.”;

(ii) in rule 79, for clauses (a) and (b), the following clauses shall be substituted, namely:-

“(a) For the purpose of Family Pension, 1964, if the family of the deceased Government servant has become eligible for family pension in accordance with sub-rule (2) of rule 54, the amount of family pension and the period for which it is payable shall be determined in accordance with sub-rule (3) of rule 54 within one month from the date of receipt of intimation of the date of death of the Government servant.

(b) For the purpose of death gratuity ,–

(i) If the entire service rendered by the deceased Government servant is not capable of being verified and accepted, the amount of death gratuity shall be provisionally determined in accordance with clause (b) of sub-rule (1) of rule 50 on the basis of the length of qualifying service which is verified and accepted immediately preceding the date of death of the Government servant and the amount of death gratuity, so determined shall be authorised to the beneficiaries on provisional basis within one month from the date of receipt of intimation of date of death of the Government servant.

(ii) The final amount of the death gratuity shall be determined by the Head of Office on the acceptance and verification of the entire spell of service by him within a period of six months from the date on which the authority for the payment of provisional death gratuity was issued and the balance, if any, becoming payable as a result of determination of the final amount of death gratuity shall then be authorised to the beneficiaries.”;

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(iii) for Form 18, the following Form shall be substituted, namely:-

“Form 18

[See rules 78(1), 80(1), 80(3), 80 (5), 80-B (1) and 80-B (5)]

Assessment and authorisation of payment of family pension and death gratuity when a Government servant dies while in service

Part-I

Section I

1. Details of deceased:

(a) Name
(b) Mother’s /Father’s name (c) Date of birth D D M M Y Y Y Y
(d) Date of death D D M M Y Y Y Y (e) Religion

2. Post held at the time of death:

(a) Name of the office
(b) Post held substantively (c) Officiating post
(d) Level of pay in the pay matrix (e) Basic pay
(f) In case the last post was held outside the Government on foreign service terms-
(i) Level of pay of the post held in
the parent department
(ii) Basic pay
(i) Total period of military service, if any, for which pension and/or gratuity was sanctioned
(j) Amount of any pension/gratuity
received for the
military service
(k) Nature of any pension/gratuity
received for the
military service
3. Date of beginning of service DD-MM-YYYY 4. Date of ending of
service
DD-MM-YYYY

5. Service in autonomous body/State Government, if any particulars of service:

(a) Name of organisation (b) Post held

(c) Period of service

From

To

Total period
(d) Whether the above service is to be counted for gratuity in the Government Yes No
(e) Whether the autonomous organisation has discharged its pensionary liability to the Central Government Yes No
(f) Amount of any pension/gratuity received for the
previous civil service, if any
(g) Nature of any pension/gratuity received for the previous civil service, if any

6. Service qualifying for death gratuity:

(a) Details of omission, imperfection
or deficiencies
in the service book which have been ignored [under rule
59 (1)(b)(ii)]
(b) Periods of non-qualifying
service:

From

To

No. of Days
Interruption in service condoned under
rules 27 and 28
Extraordinary leave not qualifying for
gratuity
Period of suspension treated as
non-qualifying
Boy service (2nd proviso to Rule 13)
Periods of foreign service with United
Nations bodies
for which United Nations pension has been availed (rule
31)
Any other service not treated as
qualifying service

Total period of non-qualifying service

(c) Additions to qualifying service:

From

To

Number of days
Civil service (rule18)
Military service (rule 19)
Benefit of service in an autonomous body
Total period of qualifying service
(d) Net qualifying service
(e) Qualifying service expressed in terms of completed six monthly periods (Period of three months & above is to be treated as completed six monthly period (rule 49)
7. Emoluments reckoned for death gratuity 8. Amount of death

gratuity

9. Details of Government dues recoverable out of death gratuity:
(a) Licence fee for occupation of Government accommodation [See rule 80-C]
(b) Amount to be withheld as indicated by the Directorate of Estates [See rule 80-C (i) (v)].
(c) Dues referred to in rule 80-C (2)
(d) Net amount payable as death gratuity

10. Details of the nominee(s) to whom death gratuity is payable:

S.No. (a) Name (b) Date of birth (DD/MM/YYYY) (c) Share in death gratuity (d) Relationship with deceased Govt. servant (e) Address

1.

2.

3.

11. Details of guardian/nominee who will receive payment of death gratuity in the case of minor/mentally disabled children

S.N. (a) Name of minor/mentally disabled child (b) Name of guardian (c) Relationship with deceased Govt. servant (d) Address of guardian

1.

2.

3.

12. Details of payment of family pension

Rate of family pension

Amount of family pension

Period for which it is payable

From

To

Total period
(a) Enhanced rate [rule 54(3)]
(b) Ordinary rate [rule 54(2)]
(c) Additional family pension, as on date, to old
family pensioner, if any, under rule 54(2A)

13. Persons to whom family pension is payable

(a) Name (b) Relationship with the deceased
Government servant
(c) Postal address
Flat/House Number/Building Name Street/Locality
Village and Post Office/Block City and District
State Pin Code
Telephone No./Mobile Email-Id

 

14. Details of guardian who will receive payment of family pension in the case of minor/ mentally disabled children

S.No. (a) Name of minor/mentally disabled child (b) Name of guardian (c) Relationship with deceased Govt. servant (d) Address of guardian

1.

2.

3.

Head of Account to which death gratuity and family pension are debitable.
Place:

Date: DD-MM-YYYY

 

(Signature of Head of Office)

 



Section II

Details of provisional family pension and gratuity to
be drawn and disbursed by the Head of Office in accordance with rule 80A

 

Provisional family pension Rs… …… … … … … … .pm
Death gratuity [amount mentioned in item 9 (d) of Section I] Rs… …… … … … … …
 

Place:

Date: DD-MM-YYYY

(Signature of Head of Office)

PART II

Account Enfacement Section I

Total period of qualifying service accepted for Death gratuity
Total period of continuous service accepted for family pension
Net amount of death gratuity after adjusting Government dues
Amount of family pension
(whichever is applicable)
Family Pension under
Central Civil Services (Pension) Rules, 1972
Amount of family pension
At enhanced rate [rule 54 (3)]
At ordinary rate [rule 54 (2)]
Additional family pension, as on date,
to old family pensioner, if any, under rule 54(2-A)
Date from which family pension is
admissible
D D M M Y Y Y Y
Head of account to which death gratuity
and family pension are debitable

Section II

Details of deceased
Government servant
Name Date of death D D M M Y Y Y Y
Amount of family pension authorised Amount of gratuity authorised
Date of commencement of family pension D D M M Y Y Y Y Amount recoverable from gratuity
Amount of gratuity withheld pending
receipt of ‘No
Demand Certificate’
 

Place:

Date: DD-MM-YYYY

(Signature of Account Officer)

Explanatory Memorandum

Sub-rule (3A) of rule 54, inter alia, provide for payment of family pension to the family of a Government servant who died within ten years before the 1st day of October, 2019 without completing continuous service of seven years. It is certified that none will be adversely affected by giving retrospective effect to the amendment.

Note : The principal rules were published in the Gazette of India, Part II, Section 3, Sub-section (i) vide number S.O. 934, dated the 1st April, 1972. The fourth edition of the rules corrected up to July, 1988 was published in the year of 1988. The said rules were subsequently amended vide the following notifications, namely:-

1. S.O.254, dated the 4th February, 1989;

2. S.O.970, dated the 6th May, 1989;

3. S.O.2467, dated the 7th October, 1989;

4. S.O.899, dated the 14th April, 1990;

5. S.O.1454, dated the 26th May, 1990;

6. S.O.2329, dated the 8th September, 1990;

7. S.O.3269, dated the 8th December, 1990;

8. S.O.3270, dated the 8th December, 1990;

9. S.O.3273, dated the 8th December, 1990;

10. S.O.409, dated the 9th February, 1991;

11. S.O.464, dated the 16th February, 1991;

12. S.O.2287, dated the 7th September, 1991;

13. S.O.2740, dated the 2nd November, 1991;

14. G.S.R.677, dated the 7th December, 1991;

15. G.S.R.39, dated the 1st February, 1992;

16. G.S.R.55, dated the 15th February, 1992;

17. G.S.R.570, dated the 19th December, 1992;

18. S.O.258, dated the 13th February, 1993;

19. S.O.1673, dated the 7th August, 1993;

20. G.S.R.449, dated the 11th September, 1993;

21. S.O.1984, dated the 25th September, 1993;

22. G.S.R.389(E), dated the 18th April, 1994;

23. S.O.1775, dated the 19th July, 1997;

24. S.O.259, dated the 30th January, 1999;

25. S.O.904 (E), dated the 30th September, 2000;

26. S.O.717 (E), dated the 27th July, 2001;

27. G.S.R.75 (E), dated the 1st February, 2002;

28. S.O.4000 dated the 28th December, 2002;

29. S.O.860 (E), dated the 28th July, 2003;

30. S.O.1483 (E), dated the 30th December, 2003;

31. S.O.1487 (E), dated the 14th October, 2005;

32. G.S.R.723(E), dated the 23rd November, 2006;

33. S.O.1821 (E), dated the 25th October, 2007;

34. G.S.R.258 (E), dated the 31st March, 2008;

35. S.O.1028 (E), dated the 25th April, 2008;

36. S.O.829 (E), dated the 12th April, 2010;

37. G.S.R.176, dated the 11th June, 2011;

38. G.S.R.928 (E), dated the 26th December, 2012;

39. G.S.R.938 (E), dated the 27th December, 2012;

40. G.S.R.103 (E), dated the 21st February, 2014;

41. G.S.R.138 (E), dated the 3rd March, 2014;

42. G.S.R.233 (E), dated the 28th March, 2014;

43. G.S.R.628 (E), dated the 1st September, 2014;

44. G.S.R.232 (E), dated the 30th March, 2015;

45. G.S.R.962 (E), dated the 30th September, 2016; and

46. G.S.R.12 (E), dated the 4th January, 2019.

 

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