Central Civil Services (Pension) Rules 1972

Rules No Govt.of India Decison

Preliminary (Rule No. 1-4)

• Short title and commencement
• Application
• Definitions

  Government of India's Decisions

  • Employees of Union Territories are also governed by CCS (Pension) Rules, 1972
  • No distinction between permanent and temporary employees in the application of Pension Rules
  • Temporary Government servant with less than ten years’ service who retires on superannuation, discharged from service, etc., is eligible for gratuity as for permanent Government servant.
• Government servants transferred from services and posts to which these rules do not apply

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

• Regulations of claims to pension or family pension

  Government of India's Decisions

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

Government of India's Decisions

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

• Commercial employment after retirement
• Restriction on practice in income tax and other cases after retirement
• Employment after retirement under a Government outside India

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

• Commencement of qualifying service
• Conditions subject to which service qualifies

  Government of India's Decision

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

Counting of Service (Rule no 15-20)

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

Government of India's Decisions

• Counting of military service rendered before civil employment

Government of India's Decisions

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

Counting of period(Rule No 21-23)

• Counting of periods spent on leave

Government of India's Decisions

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

Government of India's Decisions

• Pre-appointment training period counts as qualifying service
• Counting of periods of suspension

Government of India's Decisions

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

Forfeiture of service (Rule No 24,26)

• Forfeiture of service on dismissal or removal

Government of India's Decisions

• Forfeiture of service on resignation

Interruption in service (Rule No. 27,28)

• Effect of interruption in service
• Condonation of interruption in service

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

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

Government of India's Decisions

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

Government of India's Decisions

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

Emoulments (Rule No. 33,34)

• Emoluments

Government of India's Decisions

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

Government of India's Decisions

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

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

• Superannuation pension

Government of India's Decisions

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

Government of India's Decisions

• Invalid pension

Government of India's Decisions

Conditions governing the grant of pension to persons other than Central/State Govt. Servant (Rule No. 37)

• Pension on absorption in or under a corporation, company or body

Government of India's Decisions

• Grant of pro rata retirement benefits on permanent absorption in ESI Corporation

Settlement of pensionary entitlement in respect of Central Government employees absorbed in Central Public Sector Undertakings / Autonomous Bodies in individual basis – Entitlement of family pension-

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

Government of India Decisions

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

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

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

• Due to Retirement/Death Gratuity

Government of India's Decisions

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

Government of India's Decisions

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

Government of India's Decisions

• Amount of Family Pension payable, 1964

Government of India's Decisions

• Pension/gratuity payable to a lunatic
• Procedure when a member of the family forgoes his claim
• When the widow gives birth to an illegitimate child
• Posthumous child entitled to pension
• Payment of family pension payable to a minor to the de facto guardian on production of Indemnity Bond
• Family pension throughout life admissible also to the physically/mentally handicapped children of those employees who retired/died before 30-9-1974
• Procedure for payment of family pension to handicapped children
• Spouse of the deceased pensioner can furnish details of eligible children.
• Production of guardianship certificate is necessary for payment of family pension to physically crippled/disabled minor children and children suffering from any disorder or disability of mind
• Payment of retirement gratuity and family pension to the family, in case an official's whereabouts are not known
• Family pension should be sanctioned from the date of lodging FIR or expiry of leave of the employee, whichever is later
• Payment of retirement gratuity and family pension to the family in case an official's/pensioner's whereabouts are not known - further instructions
• Second wife not entitled to the family pension as a legally wedded wife under the Hindu Marriage Act
• When the husband declines to accept family pension in any capacity
• Rounding off of pension/family pension when payable to more than one person payable for part of a month
• Family pension to post-retiral spouses
• Regulation of past cases of family pension admissible to children born after retirement
• Endorsement of family pension entitlement of post-retiral spuses in the PPO - procedure for
• Option for defence beneficiaries to draw family pension either from Defence or Civil source, whichever is more beneficial
• In the event of death of a family pensioner, the arrears of family pension is payable to eligible member of the family next in line
• Families of temporary/quasi-permanent Government servants retired on superannuation/invalidation on completion of 10 years service prior to 1-1-1986 eligible for Family Pension, 1964.
• Family pension is admissible also to children from the void or voidable marriage
• Family Pension shall be at a uniform rate of 30% of pay last drawn.
• Dependent parents and widowed/divorced daughter also included in the definition of family.
• Enhanced family pension admissible for seven years or up to age of 67 for those age of superannuation is 60 years.
Judicially separated spouse with children will get family pension after the children cease to be eligible
• Eligibility of divorced/widowed daughter for grant of family pension.
• Ceiling on two family pensions admissible to child/children of deceased Government servant under rule 54 (11) of the CCS (Pension) Rules, 1972
• Dearness relief on pension/family pension

Determination & Authorization of the Amounts of Pension and Gratuity (Rule No 56-74)

• Preparation of list of Government servants due for retirement
• Date of retirement to be notified

Government of India's Decisions

• Intimation to Directorate of Estates regarding issue of `No Demand Certificate'

Government of India's Decisions

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

Pension Papers (Rule No. 58-61)

• Preparation of pension papers
• Stages for the completion of pension papers

Government of India's Decision

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

Government of India's Decision

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

Government of India's Decisions

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

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

• General Information

Government of India's Decisions

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

Government of India's Decisions

• Government servants on deputation

Government of India's Decisions

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

Government of India's Decisions

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

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

• General
• Pertaining to Government accommodation

Government of India's Decisions

• Other than dues pertaining to Government accommodation

Government of India's Decisions

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

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

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

Government of India's Decision

• Special efforts to be made to get the claims papers quickly
• Action to be initiated immediately on receipt of intimation of death without waiting for formal death certificate
• Forwarding the papers to the Accounts Officer
• Sanction, drawal and disbursement of provisional family pension and gratuity
• Authorization of final pension and balance of the gratuity by the Accounts Officer
• Adjustment of Government dues
• Payment of family pension and death gratuity when a Government servant dies while on deputation

Sanction of Family Pension & Residuary Gratuity in r/o Deceased Pensioners (Rule No 81,82)

• Sanction of family pension and residuary gratuity on the death of a pensioner
• Authorization of payment by Accounts Officer

Payment of Pensions (Rule No. 83-86)

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

Miscellaneous (Rule No 87-89)

• Interpretation
• Power to relax
• Repeal and Saving