Urging upon the Government of India to discuss the employees Organisations before implementing FR 56(J)/ (l) and Rule 48 of the CCS (Pension) Rules, 1972.

This online Federal Executive meeting of the National Federation of Civil Accounts Associations (NFCAA), which represents the All India Civil Accounts Employees Association and the All India Civil Accounts Employees Association Category-II held today the 4th September 2020 deliberated on the OM. No. 25013/03/2019-Estt.A IV dated 28″ August 2020 issued by the DOP&T with the direction of application of Fundamental Rule (FR) 560)/ (l) and Rule 48 of the CCS (Pension) Rules, 1972.

According to FR and CCS (Pension) Rules, 1972 the appropriate authority has the absolute right to retire Government Servant prematurely under the provisions of FR 56 (J), 56() and Rule 48(1) (b) of CCS(pension) Rules in public interest. All Government Group ‘A & B’ officers covered by CCS (Pension) Rules who entered service before 35 years of age and have attained 50 years of age and for others who have attained 55 years of age can be retired prematurely if it is necessary to do so in public interest. A Government servant in Group “C” post, who is not governed by any Pension Rules, can also be retired under FR 56(l) after he has completed 30 years of service.

This meeting is of the firm view that the rules are undemocratic, unilateral and anti-employee. There is a very scant chance of using the rules fairly and impartially and not arbitrarily. The term “Government Servant” instead of “Government Employee” being used by the British colonial Rulers in respect of Indian employees in pre-independent India still exists in the rules. The procedure itself is harsh on the part of employees and bias cannot be denied on the part of administration to victimise those having difference of opinion on many matters, procedure of work. When there is availability of penal clauses to justify the ends compulsorily retiring Government employees on the pretext of review at the age of 50/55 no doubt brings humiliation with it. A reasoned outcome of committee reports when not intimated/shown to the affected employees do not ensure impartiality enshrined in the spirit of law. “Public interest” and “Ineffectiveness” are loose terms and have various meanings due to the unquantifiable nature of work of government servants in a welfare state in which profitability is less important. It is very difficult to ensure that employees recommended for compulsory retirement under FR56 (j) or 56 (l) or the Rule 48 of the CCS (Pension) Rules, 1972 brought justice to government exchequer. It might lead to avoiding the path of punishing offenders and retiring them with pride.

This meeting is of the firm opinion that the Summary procedure itself for processing the provisions under FR56 (j) or 56 (l) or the Rule 48 of the CCS (Pension) Rules, 1972 is faulty and undemocratic and bringing disrepute to Government Employees working fearlessly for the welfare of society. Government has the absolute right to retire its employees, prosecute for losses as an employer but due procedure must be followed and constitutional validity of very old rules framed with the pre-independence era mind-set are to be reviewed.

This meeting therefore, resolved to urges upon the Government of India to kindly consider the grave concern of the Central Government Employees with regard to provisions under FR56 (j) or 56 (l) or the Rule 48 of the CCS (Pension) Rules, 1972 and in order to ensure justice to the Central Government employees, discuss with the staff side JCM (NC) and the National Federation of Central Government & Allied Employees & Workers Organisations (NFCGA-EWO) and keep the implementation of the DOP&T OM dated 28th August 2020 in abeyance till the discussions take place.

The meeting further resolves to forward this Resolution to the Cabinet, Secretary to the Government of India, Secretary, DOP&T and the Controller General of Accounts, Department of Expenditure, Ministry of Finance, with endorsement of its copies to the Secretary, Staff side, JCM (NC) and the Secretary General, NFCGA-EWO.

Sd/-
(Amol Sule)
President

No. NFCAA/HQ/A-2/2020/ Corr-15

Dated: 08.09.2020

To,

1. The Cabinet Secretary, Government of India, Rashtrapati Bhawan, New Delhi-110004

2. The Secretary, Department of Personnel & Training, Government of India, North Block, New Delhi- 110001.

3. Controller General of Accounts, Department of Expenditure, Ministry of Finance,
4th Floor, GPOA, Block-E, INA, New Delhi – 110023.

Subject : forwarding of Resolution adopted in the Federal Executive meeting on 4th September 2020 urging upon the Government of India to discuss the employees Organisations before implementing FR 56(J)/ (I) and Rule 48 of the CCS (Pension) Rules, 1972.

Sir/Madam,

I have been directed to forward herewith a self-contained Resolution on the above mentioned subject adopted in the Federal Executive meeting of this federation held online through video conferencing on 4th September 2020 for your kind consideration and favorable decision.

Thanking you,

Yours Sincerely,

Encl: as stated above

(V. Bhattacharjee)
Secretary General

Copy to:
1. Secretary, Staff side, JCM(NC), New Delhi
2. Secretary, General, NFCGA-EWO, New Delhi.

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Periodic Review of Central Government Employees under FR 56(j)/(l) and Rule 48 of CCS(Pension) Rules, 1972

No.25013/3/2019-Estt.A-IV
Government of India
Ministry of Personnel, Public Grievances & pensions
Department of Personnel & Training
Establishment A-IV Desk

North Block, New Delhi
New Delhi, 20th June, 2019

OFFICE MEMORANDUM

Subject :- Strengthening of administration – Periodic review of Central Government Employees under Fundamental Rule (FR) 56(j) / (l) and Rule 48 of CCS (Pension) Rules, 1972

The undersigned is directed to refer to this Department’s O.M No.25013 /1/2013- Estt.A dated 21.3.2014, OM No.25013/1/2013- Estt.A-IV dated 11.9.2015, 11.03.2016 and 10.8.2017 for periodic review of Central Government Employees for strengthening of administration under Fundamental Rule (FR) 56(j)/(I) and Rule 48 of CCS(Pension) Rules, 1972.

The detailed guidelines on the above subject are already in public domain at http://dopt.gov.in under Notifications –> OM & Orders –> Establishment —> Premature Retirement.

All Ministries/ Departments are requested to undertake the periodic reviews in letter and spirit, including in public sector undertakings (PSUs) / Banks and Autonomous institutions, under their administrative control. Department of Public Enterprises will also compile and countercheck with all concerned Ministries/ Departments.

The Ministries/ Departments should ensure that the prescribed procedure like forming of opinion to retire a Government employee prematurely in public interest is strictly adhered to, and that the decision is not an arbitrary one, and is not based on collateral grounds as per the order of the Hon’ble Supreme Court in case of UOI & Col. J.N.Sinha [1571 SCR (1) 791].

All the Ministries/ Departments shall furnish a report to DoP&T in the format given below by 15th day of each month starting from 15th July, 2019. Department of Public Enterprises are requested to also compile and counter check the data with all concerned administrative Ministries/ Departments in respect of PSUs before furnishing the report to DoP&T.

Number of employees to be reviewed under FR 56 (j) group-wise (A/B/C) – 1
Number of employees reviewed under FR 56 (j) group-wise (A/B/C) – 2
Number of employees reviewed and against whom FR 56 (j) invoked/ recommended group-wise (A/B/C) – 3 Number of employees retired prematurely under FR 56 (j) group-wise (A/B/C) – 4

(Surya Narayan Jha)
Under secretary to the Government of India

To
The Secretaries of All Ministries/ Departments
(as per the standard list)

Source: DoPT

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(Annexure-1 of CPAO letter Simplification of pension procedure-submission of undertaking by retiring Government servant and Handing over of PPO booklet by HOO)

Annexure-1

Timeline of finalizing the pension cases

Rule-58 of CCS (Pension) Rules, 1972
Undertake the work of preparation of pension paper by the HOO.

One year before the date of retirement on superannuation or on the date on which he proceeds on leave preparatory to retirement.

Rule-59 of CCS Pension Rules, 1972
Timelines for completion of two stages of preparation of paper.

Not later than eight months prior to the date of retirement

3 Rule-59 of CCS (Pension) Rules, 1972
Forwarding Form-5 to retiring govt. servant of superannuation advising him to submit the form duly completed in all respect.

Not later than six months prior to the date of his retirement

4 Rule-59 (A) of CCS (Pension) Rules, 1972
Forwarding Form-5 to the retiring govt. servant other than superannuation

Should be forwarded before retirement but after the approval of such retirement by the competent authority or the retirement has become effective.

5 Rule-60 of CCS (Pension) Rules, 1972
Completion of pension papers by HOO.
i) Superannuation: Completion of Part-I of Form-7 by HOO.
ii) other than superannuation

Not later than four months before the retirement Within 3 months after submission of Form-5 by the Govt. servant.

6 Rule-61 of CCS (Pension) Rules, 1972
Forwarding of pension papers to Accounts Officer by HOO.
i) Superannuation
ii) other than superannuation

Not later than four months

Not later than three months after the date of submission of Form-5

7 Rule-65 of CCS (Pension) Rules, 1972
Authorisation of pension and gratuity by the Accounts Officer of PAO.

One month in advance of the date of retirement of the Govt. servant.

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C.A. No.6770/2013 @ SLP (C) No. 1427 of 2009

REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6770 OF 2013
(Arising out of Special Leave Petition (Civil) No. 1427 of 2009)

State of Jharkhand & Ors.

….. Appellant(s)

Vs.

Jitendra Kumar Srivastava & Anr.

…..Respondent(s)

WITH
C.A. No. 6771/2013
(arising out of SLP(C) No. 1428 of 2009)

JUDGMENT

A.K. Sikri, J

1.Leave granted.

2. Crisp and short question which arises for consideration in these cases is as to whether, in the absence of any provision in the Pension Rules, the State Government can withhold a part of pension and/or gratuity during the pendency of departmental/ criminal proceedings? The High Court has – answered this question, vide the impugned judgment, in the negative and hence directed the appellant to release the withheld dues to the respondent.

Not happy with this outcome, the State of Jharkhand has preferred this appeal.

3. For the sake of convenience we will gather the facts from Civil Appeal arising out of SLP(Civil) No. 1427 of 2009. Only facts which need to be noted, giving rise to the aforesaid questions of law, are the following:

The respondent was working in the Department of Animal Husbandry and Fisheries. He joined the said Department in the Government of Bihar on 2.11.1966. On 16.4.1996, two cases were registered against him under various Sections of the Indian Penal Code as well as Prevention of Corruption Act, alleging serious financial irregularities during the years 1990-1991, 1991-1992 when he was posted as Artificial Insemination Officer, Ranchi. On promulgation of the Bihar Reorganisation Act, 2000, State of Jharkhand (Appellant herein) came into existence and the Respondent became the employee of the appellant State. Prosecution, in respect of the aforesaid two criminal cases against the respondent is pending. On 30th January, 2002, the appellant also ordered initiation of disciplinary action against him. While these proceedings were still pending, on attaining the age of superannuation, the respondent retired from the post of Artificial Insemination Officer, Ranchi on 31.08.2002.

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No.IV/NPS/PFRDA BILL/Part-I

Dated: 18/03/2017

The General Secretaries
of Affiliated Unions of NFIR.

Brother,

Sub: Meeting of the Committee constituted to suggest implementation of the National Pension System Employees -reg.

A meeting of the Committee with JCM (Staff Side) under the chairmanship of Secretary (Pension), Department of pension & Pensioners’ Welfare was held at Sardar Patel Bhavan, New Delhi on 17th March 2017 at 15.00 hrs. Brief on the discussions is given below:

(i) At the outset, Secretary (Pension) stated that the Committee will try to consider and propose for safeguarding the interests of pensioners appointed on or after 01/01/2004. He said that the purpose of meeting was to elicit views from JCM (Staff Side) and make out report with an attempt to accommodate the views by and large.

(ii) Thereafter, the Additional Secretary (Pension) made a brief presentation highlighting the attempts of the Committee for formulating Rules, Regulations and Procedures to be considered by the Government.

(iii) Initiating discussions, the JCM (Staff Side) leaders have reiterated their consistent stand that the Liberalized Pension Scheme needs to be made applicable to those who joined the Government service from 01/01/2004.

2. The JCM (Staff Side) leader Dr.M.Raghavaiah and Standing Committee Member, Shri Guman Singh have participated in the meeting and pointed out as follows:

(a) The Committee should consider for recommending 50% of Last Pay drawn as minimum pension to the retiring NPS subscribers irrespective of their total service.

(b) The Pension Rules of 1972 be incorporated in the proposed draft Rules in an appropriate manner, thereby pension is guaranteed to the families of retired/deceased employees and their dependents.

(c) While 60% of Pension wealth will be paid to the retiring NPS subscriber, the remaining 40% is invested by PFRDA on which retiring employee has no control. What is needed to be ensured is “Guarantee for payment of 50% of Last Pat drawn as Pension”. Remaining 40% Pension wealth may be invested or used by PFRDA on which,retiring employee may have no claim.

(d) In the Railways, the employer deducts l0% of wages from employee’s salary towards subscription and contributes equal amount. No Railway employee knows what their actual amount is, as no written statement is furnished by the employer. The JCM (Staff Side) is not concerned about the role of PFRDA – NSDL- etc., as every Railway employee wants to know what is his/her amount (subscription plus contribution). It should be ensured that Railways should give atleast annually, the statement of accumulated amount to the employee so that on the date of his retirement, he/she will know whether entire money was credited to PFRDA and equally he/she will know what would be 60% of the total pension wealth. The present defective system needs to be streamlined.

The above is for information of affiliates.

Yours fraternity
sd/-
(Dr.M.Raghavaiah)
General Secretary

Source: NFIR

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No.250141/06/2016.AIS.II
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

North Block, New Delhi 110001
Dated the 4th January, 2017

The Chief Secretaries of all the
State Governments and UTs.

Subject: Revision of provisional pension sanctioned under Rule 69 of the CCS(Pension) Rules, 1972.

Sir,
I am directed to refer to the Department of Pension and Pensioner Welfare’s .OM No.38/49/2016.P&PW(A) dated 30th November, 2016 (copy enclosed) regarding “Revision of provisional pension”.

2. The applicability of the provisions of the aforesaid OM regarding grant of Provisional Pension sanctioned under Rule 69 of the CCS(Pension) Rules, 1972 has been considered by this Department and it has been decided to make the provisions of the aforesaid Office Memorandum of Department of Pension and Pensioner Welfare regarding “Revision of provisional pension’ applicable, mutatis-mutandis, to the All India Service Pensioners to whom provisional pension as sanctioned under Rule 6 of All India Service(Death-Cum-Retirement-Benefits), Rules, 1958.

Yours faithfully,
(Rajesh Kumar Yadav)
Under Secretary to Government of India

Authority: http://dopt.gov.in/

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No.25013/01/2013-Estt.A-IV
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment A-IV Desk

North Block, New Delhi
Dated 11th September, 2015

OFFICE MEMORANDUM

Subject: Strengthening of administration-Periodical review under FR 560) and Rule 48 of CCS (Pension) Rules, 1972

The undersigned is directed to refer to this Department’s OM No. 25013/1/2013-Estt(A) dated 21/03/2014 on the periodical review under Fundamental Rule 56 or Rule 48 of CCS (Pension) Rules.

2. Various instructions issued on the subject deal with compulsory retirement under the above mentioned provisions. The Supreme Court has observed in State of Gujarat Vs. Umedbhai M. Patel. 2001 (3) SCC 3l4 as follows:

(i) Whenever the services of a public servant are no longer useful to the general administration, the officer can be compulsorily retired for the sake of public interest.
(ii) Ordinarily, the order of compulsory retirement is not to be treated as a punishment coming under Article 31 l of the Constitution.
(iii) “For better administration, it is necessary to chop off dead wood, but the order of compulsory retirement can be passed after having due regard to the entire service record of the officer.”

(iv) Any adverse entries made in the confidential record shall be taken note of and be given due weightage in passing such order.

(v) Even un-communicated entries in the confidential record can also be taken into consideration.

(vi) The order of compulsory retirement shall not be passed as a short cut to avoid Departmental enquiry when such course is more desirable.

(vii) if the officer was given a promotion despite adverse entries made in the confidential record, that is a fact in favour of the officer.

(viii) Compulsory retirement shall not be imposed as a punitive measure.

3. , In every review, the entire service records should be considered. The expression ‘service record’ will take in all relevant records and hence the review should not be confined to the consideration of the ACR / APAR dossier. The personal file of the officer may contain valuable material. Similarly, the work and performance of the officer could also be assessed by looking into files dealt with by him or in any papers or reports prepared and submitted by him. it would be useful if the Ministry/Department puts together all the data available about the officers and prepares a comprehensive brief for consideration by the Review Committee. Even uncommunicated remarks in the ACRs/APARS may be taken into consideration.

4. in the case of those officers who have been promoted during the last five years, the previous entries in the ACRs may be taken into account if the officer was promoted on the basis of seniority cum fitness, and not on the basis of merit.

5, As far as integrity is considered, the following observations of the Hon’ble Supreme Court may, while upholding compulsory retirement in a case, may be kept in view:

The officer would live by reputation built around him. in an appropriate case, there may not be sufficient evidence to take punitive disciplinary action of removal from service. But his conduct and reputation is such that his continuance in service would be a menace to public service and’injurious to public interest.

S. Ramachandra Raju vs. State of Orissa
[(l 994) 3 SCC 424]

Thus while considering integrity of an employee, actions or decisions taken by the employee which do not appear to be above board, complaints received against him, or suspicious property transactions, for which there may not be sufficient evidence to initiate departmental proceedings, may be taken into account. Judgement of the Apex Court in the case of Shri K. Kandaswamy, I.P.S. (TN:1966) in K. Kandaswamy vs Union Of India & Anr, l996 AIR 277, I995 SCC (6) l62 is relevant here. There were persistent reports of Shri Kandaswamy acquiring large assets and of his getting money from his subordinates. He also indulged in property transactions which gave rise to suspicion about his bonafides. The Hon’ble Supreme Court upheld his compulsory retirement under provisions of the relevant Rules.

6. Similarly, reports of conduct unbecoming of a Government servant may also form basis for compulsory retirement. As per the Hon’ble Supreme Court in State of UP. And Others vs Vijay Kumar ‘Jain, Appeal (civil) 2083 of 2002:

If conduct of a government employee becomes unbecoming to the public interest or obstructs the efficiency in public services, the government has an absolute right to compulsorily retire such an employee in public interest.

7. Many changes in the nomenclature and in the areas of responsibility of various departments/Ministries have taken place. In order to simplify and speed up the procedure of review, a need is felt to reconstitute the Review Committees. in partial modification of the OM 25013/15/86-Estt (A) dated 27/06/1986, it has been decided that the Secretaries of the Cadre Controlling Authorities will constitute Review Committees consisting of two Members at appropriate level. The Review Committees in the case of various levels of employees will be as under:
(A) in case of officers holding Group A posts:

(a) In r/o ACC appointees:
Review Committee may be headed by the Secretary of the concerned Ministry/Department as Cadre Controlling Authority.

(b) In r/o Non-ACC appointees:

(i) Where there are Boards viz CBDT, CBBC, Railway Board, Postal Board, Telecom Commission, etc. the Review Committee may be headed by the Chairman of such Board.

(ii) Where no such Boards/Commissions exist, the Review Committee may be headed ’by Secretary of the. Ministry/Department.

(B) in case of Group B (Gazetted) officers:

Additional Secretary/Joint Secretary level officer will head the Review Committee.

(C) In the case of Non-Gazetted employees:

(i) An officer of the level of Joint Secretary will head the Committee. However in case the Appointing Authority is lower in rank than a Joint Secretary, then an officer of the level of Director/Deputy Secretary will be the head.

(ii) in the case of Non-Gazetted employees in other than centralised cadres, Head of Department/Head of the Organisation shall decide the composition of the Review Committee.

8. CVO in the case of gazetted officers, or his representative in the case of non-gazetted officers, will be associated in case of record reflecting adversely on the integrity of any employee.

9. in addition to the above, the Secretary of the Ministry/Department is also empowered to constitute internal committees to assist the Review Committees in reviewing the cases. These Committees will ensure that the service record of the employees being reviewed, alongwith a summary bringing out all relevant information, is submitted to the Cadre Authorities at least three months before the due date of review.

10. The procedure as prescribed from time to time has been consolidated and enclosed as Appendix to the OM issued by this Department on 21/03/2014. As per these instructions the cases of Government servant covered by FR 56(j), FR 56(l), or Rule 48(1) (b) of CCS (Pension) Rules, 1972 should be reviewed six months before he/she attains the age of 50/55 years, in cases covered by FR 56(j) and on completion of 30 years of qualifying service under FR 56(l)/Rule 48 of CCS (Pension) Rules, 1972 as per the following calendar:

11 All Ministries/Departments are requested to follow the above instructions and periodically review the cases of Government servants as required under FR 56(j)/FR56(l)/Rule 48(1)(b) of CCS (Pension) Rules, 1972.

12. instructions on composition of the Representation Committees will be communicated separately.

sd/-
(Mukesh Chaturvedi)
Director (Establishment)

Authority : www.persmin.nic.in

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MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training )

NOTIFICATION

New Delhi, the 17th January, 2014

G.S.R. 27(E).—In exercise of the powers conferred by the proviso to article 309 of the Constitution, and in consultation with the Comptroller and Auditor General in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rule further to amend the Fundamental Rules, 1922, namely :—

1. (1) These rules may be called the Fundamental (First Amendment) Rules, 2014. (2) They shall came into force on the date of their publication in the Official Gazette.

2. In the Fundamental Rule, 1922, in rule 56, —

(a) in clause (k), in sub-clause (1), for item (c), the following shall be substituted namely :

“(c) it shall be open to the Appropriate Authority to withhold permission to a Government servant, who seeks to retire under this clause, if,—

(i) the Government servant is under suspension: or

(ii) a charge sheet has been issued and the disciplinary proceedings are pending; or

(iii) if judicial proceedings on charges which may amount to grave misconduct, are pending

Explanation :– For the purpose of this clause, judicial proceedings shall be deemed to be pending, if a complaint or report of a police officer, of which the Magistrate takes cognizance, has been made or filed in a criminal proceedings.”;

(b) for clause (m), the following shall be substituted, namely :—

“(m) A Government servant in Group ‘C’ post who is not governed by any pension rules, may, by giving notice of not less than three months in writing to the Appropriate Authority, retire from service after he has completed thirty year’s service :

Provided that it shall be open to the Appropriate Authority to withhold permission to a Government servant, who seeks to retire proceedings.”;

(i) the Government servant is under suspension; or

(ii) a charge sheet has been issued and the disciplinary proceedings are pending; or

(iii) if judicial proceedings on charges which may amount to grave misconduct, are pending.

Explanation :- For the purpose of this clause, judicial proceedings shall be deemed to be pending, if a complaint or report of a police officer, of which the Magistrate takes cognizance, has been made or filed in a criminal proceedings.”;

[No. 2501313/2010-Estt. (A-IV)]
MAMTA KUNDRA, Jt. Secy.

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/25013_3_2010-Estt.A-IV-17012014.pdf]

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CCS (Pension)Rules 1972

The Central Civil Services (Pension) Rules 1972 shall apply to Central Government Servants including civilian Government servants in the Defence Services, appointed substantively to civil services and posts in connection with the affairs of the Union which are borne on pensionable establishments, but shall not apply to:

•     Railway servants;
•     Persons in CCS, casual and daily rated employment
•     Paid from contingencies
•     CPF beneficiaries
•     Members of All India services
•     Locally recruited diplomatic, Counsular or other Indian establishments in foreign    countries
•    Persons whose terms and conditions of service are regulated by or under the provisions of the Constitution or any other law for the time being in force.

These rules regulate the grant of pension, family pension, commutation of pension, payment of gratuity etc.

———- **** ————

CCS (Commutation of Pension) Rules, 1981

These rules regulate commutation of pension and other related matters to Government Servants who may be entitled or have been authorised any class of pension referred to in the CCS (Pension) Rules, 1972.

———- **** ————

CCS (Extraordinary Pension) Rules.

These rules shall apply to all persons paid from Civil Estimates other than those to whom the workmen’s Compensation Act, 1923 applies and regulate grant of disability pension, extra-ordinary family pension.

A brief of the above rules are available in the Handbook for Retiring Officials and Pensioners.

———- **** ————

General Provident Fund (Central Services) Rules 1960

All Temporary Government servants after a continuous service of one year all re-employed pensioners (other than those eligible for admission to the Contributory Provident Fund ) and all permanent government servants are eligible to subscribe to the Fund. A subscriber, at the time of joining the Fund is required to make a nomination, in the prescribed form, conferring on one or more persons the right to receive the amount that may stand to his credit in the Fund in the event of his death, before that amount has become payable or having become payable has not been paid.

A subscriber shall subscribe monthly to the Fund except during the period when he is under suspension. Subscription to Provident Fund are stopped three months prior to the date of superannuation. Rates of subscription shall not be less than 6% of subscriber’s emoluments and not more than his total emoluments. Rate of interest on GPF accumulations at present is 12% compounded annually. The Rules provide for drawal of advances /withdrawals from the Fund for specific purposes.

———- **** ————

Deposit Linked Insurance Revised Scheme

On the death of a subscriber, the person entitled to receive the amount standing to the credit of the subscriber shall be paid an additional amount equal to the average balance in the account during the three years immediately preceding the death of the subscriber subject to certain conditions provided in the relevant rule. The additional amount payable under that rule shall not exceed Rs. 60,000. To get this benefit, the subscriber should have put in at least 5 years service at the time of his / her death.

———- **** ————

Contributory Provident Fund Rules (India ), 1962

The CPF Rules are applicable to every non-pensionable servant of the Government belonging to any of the services under the control of the President. A subscriber, at the time of joining the Fund is required to make a nomination in the prescribed form conferring on one or more persons the right to receive the amount that may stand to his credit in the Fund in the event of his death, before that amount has become payable or having become payable has not been paid.

A subscriber shall subscribe monthly to the Fund when on duty or foreign service but not during a period of suspension. Rates of subscription shall not be less than 10% of the emoluments and not more than his emoluments. The employer’s contribution at that percentage prescribed by the Government will be credited to the subscriber’s account and this is presently 10%. Rate of interest, at present, is 12% compounded annually. The Rules provide for drawal of advances / withdrawals from the CPF for specific purposes. As in GPF Rules, the CPF Rules also provide for Deposit linked Insurance Revised Scheme.

Earlier, the Government was giving option to CPF subscribers to switch over from CPF Scheme to GPF Scheme (Pension Scheme). The last such option was allowed based on the recommendations of Fourth CPC. As a number of options have already been allowed as and when substantial improvement were made in the pension scheme and the practical difficulties involved in retrieval of records and adjustments to be made, demand for further option was not recommended by the 5th CPC and there is no proposal with the Government to consider any further change in options.

———- **** ————

Department of Personnel and Training
Department of Administrative Reforms & Public Grievances.

Source:  http://persmin.nic.in/pension/rules.html

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