ANNEXURE III

Extracts from Civil Service Regulations

EXTRACTS FROM CIVIL SERVICE REGULATIONS

CHAPTER XLVIII——PAYMENT OF PENSIONS

Section I—GENERAL RULES

930. Apart from special orders, a pension, other than a Wound or Extra-ordinary pension under the Uttar Pradesh Civil Services (Extra-ordinary) Pension Rules, is payable from the date on which the pensioner ceased to be borne on the establishment, or from the date of his application, whichever is later. The object of this latter alternative is to prevent unnecessary delay in the submission of applications. The rule may be relaxed, in this particular, by the authority sanctioning the pension when the delay is sufficiently explained.

The pension of an officer who under Article 436, has received a gratuity in lieu of notice is not payable for the period in respect of which the gratuity is paid.

DECISIONS OF THE STATE GOVERNMENT

Under Article 907 read with Articles 911, 914, 917 (a) (ii) and 930 a pension is to be sanctioned only on receipt of a formal application* from the government servant concerned. In spite of the specific provisions of Article 907, according to which formal application for pension has to be made one year@ in advance of the date of actual or anticipated retirement, cases have occurred in which government servants have died shortly after retirement without having formally applied for pension. It has been decided that in such cases 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 articles referred to above, and sanction pension and/or gratuity to the government servant from the date of retirement up to and inclusive of the date of his death as if he had made a formal application for the same before retirement, provided that the time-lag between retirement and death does not exceed six months. Cases in which the time-lag exceeds six months, should be referred to Government for decision. A pension and/or gratuity sanctioned in accordance with this order may be paid to the heirs of the deceased in accordance with the existing provisions of the rules.

* in form CSR 30

@ Now two years

(Finance Department G. O. No. G-II-3686/X-924-1955 dated November 18, 1959).

931. The preceding article applies 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 Government which granted it; in the absence of special orders such a pension takes effect only from the date of sanction.

932. Not printed.

933. Cancelled.

933-A Deleted.

934. Except where specifically otherwise provided, all pensions shall be payable in rupees in India:

Provided that, in the case of a non-Indian officer who entered service before the 10th September, 1949 and who on retirement takes up his residence in the United Kingdom or in any of the territories mentioned in Appendix 15, payment of pension, but not other retirement benefits such as death-cum-retirement gratuity and family pension admissible under the U. P. Liberalised Pension Rules, 1961, and Government contribution to the Contributory Provident-cum-Pension Fund may be made in sterling through the High Commissioner for India in the United Kingdom or through any of the authorities mentioned in Appendix 15, for the period of such residence at the minimum rate of conversion of Is. 9d to the rupee:

Provided further that Indian Pensioners who retired from service before the 12th June, 1956, and who before that date took up residence in the United Kingdom or in any of the territories mentioned in Appendix 15, shall continue to enjoy the concession of conversion of their pensions into sterling at the minimum rate of 1s. 9d to the rupee during the continuance of their residence in the United Kingdom or those territories, as the case may be:

Provided further that the minimum rate of conversion of 1s. 9d. to the rupee shall not apply to those territories included in Appendix 15, where the Indian rupee is either legal or current tender of whose currency is at par with the Indian rupee.

Explanation—For the purposes of this Article and Articles 934-A, 934-B, 934-C, 934-D and 935 the expression "non-Indian" means a person who on the date of his retirement was a citizen of a country other than India.

934-A A non-Indian pensioner who entered service before the 10th September, 1949 and who has been residing in India and who proceeds to a place outside India with the object of taking up residence there, shall be entitled to convert his pension at the minimum rate only from the date when he quits India.

934-B A non-Indian pensioner who entered service before the 10th September, 1949 and who within six months of his retirement leaves India with the object of taking up residence elsewhere shall be entitled to convert his pension at the minimum rate from the date to which it has been paid in India or, if not payment has been made there, from the date of its commencement.

934-C A non-Indian pensioner who entered service before the 10th September, 1949 and who has been allowed to convert his pension at the minimum rate and who returns to India and continues to draw his pension through the High Commissioner for India in United Kingdom or through any of the authorities mentioned in Appendix 15, shall be allowed the benefit of the minimum rate for six months from the date of such return.

934-D. The pension of any non-Indian pensioner, who entered service before the 10th September, 1949 and who is entitled to the minimum rate and has commuted any portion of his pension after the 4th December, 1928, shall be converted at the rate of exchange prescribed by the Government of India and to the resulting pension shall be added, so long as he remains entitled to the minimum rate, the difference between the values of the full pension (less any portion commuted before the 5th December, 1928) converted at that rate and at the rate of exchange prescribed by the Government of India respectively.

935. The minimum rate shall apply to gratuities paid to non-Indian officers who entered service before the 10th September, 1949 residing outside India, but where the service of an officer to whom a gratuity is granted terminates in India, his gratuity shall be paid in India.

TRANSFERS BETWEEN ENGLAND AND INDIA

936. Transfer of a pension from India to the United Kingdom (where it is payable through the High Commissioner for India) and vice versa is permitted twice only.

937. Application for transfer of payment from India to the Home treasury should be made to the Accountant General within whose jurisdiction the treasury of payment is, who will grant a last pay certificate, forwarding a duplicate, with a copy of the first page of the application upon which the pension was originally granted, to the High Commissioner for India.

Section II_____PAYMENT IN INDIA

938. Deleted.

939. The Accountant General of the State in which payment is to be made will then communicate to the officer who is to pay the pension authority to make the payment; in the case of a pension, such authority will be a Pension Payment Order in Form 27 or 28 or (in the case of Presidency payments) Forms 27-I or 28-A.

NOTE—1 Not printed.

NOTE—2 Each Pension Payment Order will be accompanied by Form 27-A intended to be delivered by the Disbursing Officer to the pensioner concerned for use as a wallet for the pensioner’s half of the Pension Payment Order.

PROCEDURE IN PAYING

940. A gratuity is paid in single sum, and not by instalments, on receipt of the Accountant General’s authority.

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

(b) Deleted

942. The State Government will never 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.

943. A pension is payable in India monthly on and after the first day of the following month under the following rules:

Rules—1. 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.

2. Each payment made is to be entered on the reverse both of pensioner’s half and of the disbursing officer’s half of the Pension Payment Order, both entries being attested at the time of payment by the signature of the disbursing officer.

3. With reference to Articles 956 and 957, a pension should, under no circumstances, be paid for the first time in arrears for more than one year without special orders of the State Government.

NOTE—The State Government may delegate its powers under this Rule to Commissioners of Divisions and to such other officers as it may desire.

4. A pension is payable for the day on which the pensioner dies.

5. In regard to the liability of pensions to attachment by a Civil Court, see Section 11 of Act XXIII of 1871, which runs as follows:

Section 11. "No pension granted or continued by Government on political considerations, or on account of past services or present infirmities or as a compassionate allowance, and no money due, or to become due, on account of any such pension or allowance, shall be liable to seizure, attachment or sequestration by process of any Court in British India at the instance of a creditor for any demand against the pensioner, or in satisfaction of a decree or order of any such Court."

IDENTIFICATION OF PENSIONERS

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

NOTE—Not printed.

945. A pensioner specially exempted by the State Government from personal appearance, a female pensioner not accustomed to appear in public, or a male 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 trust-worthy person.

NOTE 1—The power to grant exemption under this article from personal appearance to draw pension may be delegated by a State Government to any officer of not lower rank than Collector of a district.

NOTE 2—The State Government have delegated to Collectors of districts the power to grant exemption under this article from personal appearance to draw pension.

946. A pensioner of any description, who produces a life certificate 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, exercised the powers of a Magistrate, or by any gazetted officer or by a Munsif or by a Deputy Inspector of Schools or by a Police Officer not below the rank of Sub-Inspector-in-Charge of a Police Station, or in respect of pension not exceeding Rs. 50 per mensem, by a Post Master, a Departmental Sub-Post Master, or an Inspector of Post Offices, is exempted from personal appearance.

NOTE—For purposes of the above article, the life certificate granted by a patwari in the hill areas of the districts of Nainital, Almora, Garhwal, Tehri-Garhwal, Chamoli, Pithoragarh and Uttar Kashi who also exercises the powers of a police officer in his circle, to pensioners residing in those areas may be accepted as adequate, provided that the signatures of the patwari is known to the treasury.

DECISIONS OF THE STATE GOVERNMENT

DECISIONS OF THE STATE GOVERNMENT

It is not considered that any useful purpose will be served by attempting at a definition of the term ‘Pensioner of rank’. Government, therefore, prefer to deal on merits with each claim when it arises, and when the local officers, for good and sufficient reasons, have expressed doubts, the question is for the District Officers to decide in the first instance.

(Finance Department G. O. no. A-785/X-114, dated November 10, 1932).

948. Payment of pensions to Police pensioners are made in accordance with the Rules in this Section, but if the disbursing officer entertains any doubt as to the identity of such a pensioner, he may require the local Inspector of Police to identify him. The Inspector would then be responsible for the correct identification of the pensioner.

PAYMENT TO AGENTS

949. (a) A pensioner not resident in India may with the permission of the Reserve Bank of India draw his pension in India through a duly authorized agent possessing a legally valid power of attorney, who must produce on each occasion a certificate by a Magistrate, a Notary, a Banker or a Minister of religion that the pensioner was alive on the date to which his pension is claimed unless the duly authorized agent has executed an indemnity bond to refund overpayments in which case he has to produce the life certificate at least once a year.

(b) 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 State Government, who must execute an indemnity bond to refund overpayments and produce at least once a year a life certificate signed by any of the persons authorised by Article 946 to sign such certificates.

(c) The pension of an officer drawing his pension through an agent who has executed a bond to refund overpayments should not be paid on account of a period of more than one year after the date of the life certificate last received and the Accountant General and the disbursing officer should be on the watch for authentic information of the decease of any such pensioner, and on receipt thereof, should promptly stop further payments.

TRANSFERS IN INDIA

950. A·State Government or an Accountant General may, on application and on sufficient cause being shown, permit transfer of payment from one treasury in India to another. This jurisdiction may be delegated by the State Government to any Executive authority not lower than the Collector or other District Officer.

951. (a) A copy of any order issued by a State Government or other Executive authority under the preceding article should be forwarded to the Accountant General, and the Collector of the district from which the payment is to be transferred should 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 that State, to do so.

952. A 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 head-quarters, and may transfer the payment of a pension from such subordinate treasury to the district treasury, or from one subordinate treasury to another in the same district.

CERTIFICATE OF NON-EMPLOYMENT

953. (a) A pensioner drawing pension in India is required to append to his bill a certificate as follows:

"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."

(b) In the case of a pensioner permitted under Chapter XXI to draw pension after re-employment, this certificate should be modified according to the facts.

(c) In the case of a pensioner drawing his pension through an agent, who has executed a bond of indemnity, as required by Article 42 of the Civil Account Code, the certificate modified accordingly may be signed by the agent, provided that the pensioner shall himself furnish, once a year, a certificate covering the period for which pension has been drawn on the basis of the agent’s certificates.

RENEWAL OF PENSION PAYMENT ORDER

954. When a 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.

955. 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 be lost by a strict observance of Rule 2 under Article 943. The necessary note should be made in remarks column of the register in Form 39, Civil Account Code.*

*Now Form T. R. 36

LAPSES AND FORFEITURES

956. If a pension payable in India remains undrawn for more than one year, the pension cases to be payable.

957. If the pensioner afterwards appears, the disbursing officer may renew his payments. But the arrears cannot be paid if the pension in arrears is to be paid for the first time or if the amount of arrears exceeds Rs. 1,000* without the previous sanction of the authority by whom the pension was sanctioned to be obtained through the Accountant General.

NOTE—In cases where the pension is sanctioned by the State Government it may delegate its power under this article to Heads of Departments or other subordinate authorities.

*Also see FD (A-1) G. O. dated 3-1-72.

DECISIONS OF THE STATE GOVERNMENT

Delegation of powers by the State Government to all Heads of Departments—The State Government have delegated the powers, vested in them by Article 960, Civil Service Regulations, of sanctioning payment to the legal heirs of a deceased pensioner, of any excess over Rs. 500 on account of arrears of pensions without the production of the usual legal authority, to the heads of departments subject to the conditions laid down in the above article.

(Finance Department G. O. no. M-1135/X-379, dated the 13th June, 1938).

(2) Payment of arrears of pension extending beyond one year in respect of Gurkha pensioners— The State Government have delegated to :

1. the Collector of Gorakhpur ;

2. the Deputy Commissioner of Gonda and Bahraich ;

3. the Deputy Commissioner of Almora, and the Sub-Divisional Officer, Pithoragarh, district Almora ;

the power to sanction, without reference to the Accountant General, Uttar Pradesh, the payment of arrears of pensions, extending beyond a period of one year in respect of Gurkha Pensioners of the Military police of the Government of Assam, who draw their pensions from the treasury/treasuries/sub-treasuries at Gorakhpur/Gonda and Bahraich/Almora and Pithoragarh.

(Finance Department G. O. no. M-11655/X-429, dated 28th July, 1937)

Pensions not drawn regularly may only be disbursed by Treasury Officer on his own authority if the period which elapsed since the last drawal does not exceed one year. If the said period exceeds two years, the sanction of the District Officer is required ; if it exceeds two years but does not exceed six years, the sanction of the Commissioner is required; and if it exceeds six years, the sanction of the Government is required.

NOTE 1—In case of Malikana allowances, the District Officer can sanction arrears up to 3 years above which cases should be referred to the Government.

NOTE 2—The Pension Payment Order of political pensioners need not be returned to the Accountant General, Uttar Pradesh as required by Article 956 of the Civil Service Regulations.

(The above orders have been reproduced from the A.G.’s Manual.)

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

DECEASED PENSIONERS

959. (a) On the death of a pensioner, payment 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 thereafter without the sanction of the authority by whom the pension was sanctioned to be obtained through the Accountant General.

NOTE—In cases where the pension is sanctioned by the State Government, it may delegate its powers under this article to Heads of Departments or other subordinate authorities.

(b) But if the arrears do not exceed Rs. 100, and the case presents no peculiar features, the Accountant General is empowered to 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.

DECISIONS OF THE LOCAL GOVERNMENT

The Local Government have delegated the power to sanction payment of arrears of pensions under Asticle 943 (3), 957 and 959(a) of the Civil Service Regulations, to the Collector of the district in which the pension is payable, who may, where it seems necessary, make a reference to the authority by whom the pension was sanctioned.

*960. Subject to the provisions of the preceding article, the arrears of pension of a deceased pensioner may be paid to the heirs of the deceased, without the production of the usual authority, to the extent of Rs. 1,200 under the orders of the Collector or other offiicer responsible for the payment, after such enquiry into the rights and title of the claimants as may be deemed sufficient. Any excess above Rs. 1,200 may similarly be paid under the orders of the Head of the Department on execution of an idemnity bond, with such sureties as it may require, if it 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 letters of administration.

In any case of doubt, payment should be made only to the person producing legal authority.

961. If an officer dies before actually retiring or being discharged, his heirs have no claim to anything in respect of his pension.

*This came into effect from May 3, 1969 vide notification no. G-2-1032/X-915-1966, dated March 28, 1969.