1he Gazelte of India: Extraordinary
1he Gazelte of India: Extraordinary
1he Gazelte of India: Extraordinary
(1) These rules may be called the Central Civil Services (Pension)
Amendment Rules, 2012.
(2) Save as otherwise provided, these rules shall come into force on
the date of their publication in the Official Gazette.
4. In the said-rules, for rule 29A, the following rule shall be substituted,
namely:-
6. In the said rules, for rule 31, the folloWingrule shall be substituted,
namely:--
(a) pay the pension contributions in respect of his foreign service and
count such service as qualifying for pension under these rules; or
(b) avail the retirement benefits admissible under the rules of the
aforesaid organization and not count such service as qualifying
for pension under these rules:
8. In the said rules, in rule 36, in clause (b), for the words "Rule 29 of
these rules" the words "Special Voluntary Retirement Sch'eme relating to
voluntary retirement of surplus employees." shall be substituted.
9. In the said rules, in rule 37, in sub-rule (3), the words "pro rata" shall be
omitted.
10. In the said rules, for rule 37A, the following rule shall be substituted,
namely;--
(6) The employees who opt to revert to Government service shall be re-
deployed through the surplus cell of the Government.
(10) In addition to pension or family pension, as the case may be, the
employee who opts for pension on the basis of combined service shall also be
eligible to dearness relief as per industrial Dearness Allowance pattern.
(11) The benefits of pension and family pension shall be available to quasi-
permanent and temporary transferred Government servants after they have
been confirmed in the Public Sector Undertaking.
(13) The Central Government shall create a Pension Fund in the form of a
trust and the pensionary benefits of absorbed employees shall be paid out of
such Pension Fund.
(15) The procedure and the manner in which pensionary benefits are to be
sanctioned and disbursed from the Pension Fund shall be determined by the
Government on the recommendation of the Board of Trustees. .-
(18) Lump sum amount ofthe pension shall be determined with reference
to Commutation Table laid down in Central Civil Services (Commutation of
Pension) Rules, 1981.
(20) If, for any financial or operational reason, the Trust is unable to
discharge its liabilities fully from the Pension Fund and the Public Sector
Undertaking is also not in a position to meet the shortfall, the Government
shall be liable to meet such expenditure and such expenditure shall be
debited to either the Fund or to the Public Sector Undertaking..
(22) Nothing contained in sub-rules (13) to (21) shall apply in the case of
conversion of the Departments of Telecom Services and Telecom Operations
into Sharat Sanchar Nigam Limited, in which case the pensionary benefits
including family pension shall be paid by the Government.
(a) the balance of provident fund standing at the credit of the absorbed
employees on the date of their absorption in the Public Sector Undertaking
shaU,.. with the..consent .of such undertaking, be transferred to the new
Provident Fund Account of the emplo~ees in such undertaking;
(b) earned leave and half pay leave at the credit of the employees on the
date of absorption shall stand transferred to such undertaking";
. (c) the dismissal or removal from service of the Public Sector Undertaking
of any employee after his absorption in such undertaking for any subsequent
misconduct shall not amount to forfeiture of the retirement benefits for the
service rendered under the Government and in the event of his dismissal or
removal or retrenchment the decisions of the undertaking shall be subject to
review by the Ministry administratively concerned with the undertaking.
(26) In ~ase the Government disinvests its equity in any public secto,.s
undertaking!,to the extent of fifty-one per cent or more, it shall specify' !~:
adequate ~feguards for protecting the interest of the absorbed employees of~~'~.
such PublicSector Undertaking. .
(27) The safeguards specified under sub-rule (26) shall include option for
voluntary retirement or continued service in the undertaking or voluntary"
retirement benefits on terms applicable to Government employees 0:-
employees of the Public Sector Undertaking as per option of the employees
and assured payment of earned pensionary benefits with relaxation in period
of qualifying service, as may be decided by the Government."
(11) In the said rules, after rule 37A, the following rule shall be inserted,
namely;--
(6) The employees who. opt to revert to Government service shall be re-
deployed through the surplus cell of the Government.
(10) In addition to pension or family pension, as the case may be, the
absorbed employees who opt for pension on the basis of combined service
shall also be eligible to dearness relief as per central dearness allowance
pattern.
(11) The benefits of pension and family pension shall be available to quasi-
permanent and temporary transferred Government servants after they have
been confirmed in the Autonomous Body.
(12) The Central Government shall create a Pension Fund in the form of a
trust and the pensionary benefits of absorbed employees shall be paid out of
such Pension Fund.
(14) The procedure and the manner in which pensionary benefits are to be
sanctioned and disbursed from the Pension Fund shall be determined by the
Government 'on the recommendation of the Board of Trustees.
(19) If, for any financial OJ operational reason, the Trust is unable to
discharge its liabilities fully from the Pension Fund and the Autonomous Body
is also not in a position to meet the shortfall, the Government shall be liable to
meet such expenditure and such expenditure shall be debited to either the
Fund or to the Autonomous Body, as the case may be.
(a) the balance of provident fund standing at the credit of the absorbed
employees on the date of their absorption in the Autonomous Body shall, with
the consent of such body, be transferred to the new Provident Fund Account
of the employees in such body.
(b) earned leave and half pay leave at the credit of the employees on the
date of absorption shall stand transferred to such body.
(c) the dismissal or removal from service of the Autonomous Body of any
employee after his absorption in such body for any subsequent misconduct
shall _not amount to forfeiture of the retirement benefits for the service
rendered under the Government and in the event of his dismissal or removal
or retrenchment the decisions of the body shall be subject to review by the
Ministry administratively concerned with the body. -
(23) The safeguards specified _under sub-rule (22) shall include option for
voluntary retirement or continued service in the body, as the case may be,or
voluntary retirement benefits on tenns applicable to Government employees
or employees of the AutonomousrJ3ody as per option of the employees,
assured payment of earned pensiOt1flrybenefits with relaxation in period of
I qualifying service, as may be decidea];by the Government.
(ii) in sub-rule (6), for clause (a), the following clause shall be substituted,
namely;--
Note: The< principal rules were published vide notification number 8.0.934,
dated the 1st April, 1972 and were subsequently amended' vide notification
number--
I. S.0.254, dated the 4th February, 1989
th
2. S.0.970, dated the 6 May, 1989
3. S.0.2467, dated the 7'h October, 1989
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and Published by the Controller of PublicatIOns. Delh.-II0054.