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The Railway Employee » Retired_employees » General-pension-rules » GENERAL CONDITIONS (CHAPTER - II)

GENERAL CONDITIONS (CHAPTER - II)

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RAILWAY SERVICES (PENSION) RULES, 1993

CHAPTER - II

GENERAL CONDITIONS

 

6. Regulation of claims to pension or family pension

 

7. Limitation on number of pensions

 

8. Pension subject to future good conduct

 

9. Right of the President to withhold or withdraw pension.

 

10. Provisional Pension where departmental or judicial proceedings may be pending.

 

11. Commercial employment after retirement.

 

12. Restriction on practice in Income-tax and other cases after retirement.

 

13. Employment after retirement under a Government outside India

 

14. Periods which shall not be treated as service for pensionary benefits

 

15. Recovery and adjustment of Government or railway dues from pensionary benefits

 

16. Adjustment and recovery of dues pertaining to Government or railway accommodation

 

17. Pensionary benefits to staff declared unfit.

 

18. Pensionary, terminal or death benefits to temporary railway servant.

 

19. Pension on re-employment

 

6. Regulation of claims to pension or family pension

  1. Any claim to pension or family pension shall be regulated by the provisions of these rules in force at the time when a railway servant retires or is retired or is discharged or is allowed to resign from service or dies, as the case may be.
  2. The day on which a railway servant retires or is retired or is discharged or is allowed to resign from service or dies as the case may be, shall be treated as his last working day.

Provided that in the case of a railway servant who is retired prematurely or who retires voluntarily under the provisions or rules 1802 to 1804 of the Code or under the scheme of voluntary retirement after completing twenty years of qualifying service under Rule 67, as the case may be, the date of retirement shall be treated as a non-working day.

 

7. Limitation on number of pensions

  1. A railway servant shall not earn two pensions in the same service or post at the same time or by the same continuous service.
  2. Except as provided in Rule 34, a railway servant who, having retired on a superannuation pension or retiring pension is subsequently re-employed shall not be entitled to a separate pension or gratuity for the period of his re-employment.

 

8. Pension subject to future good conduct

  1.  
    1. Future good conduct shall be an implied condition of every grant of pension and its continuance under these rules.
    2. The appointing authority may, by order in writing, withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct.

Provided that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount of rupees three hundred and seventy five per mensem.

  1. Where a pensioner is convicted of a serious crime by a court of law, action under sub-rule (1) shall be taken in the light of the judgment of the court relating to such conviction.
  2. In a case not falling under sub-rule (2), if the authority referred to in sub-rule (1) considers that the pensioner is prima facie guilty of grave misconduct, it shall, before passing an order under the sub-rule (1) -
    1. serve upon the pensioner a notice specifying the action proposed to be taken against him and the ground on which it is proposed to be taken and calling upon him to submit , within fifteen days of the receipt of the notice or such further time not exceeding fifteen days as may be allowed by the appointing authority, such representation as he may wish to make against the proposal; and
    2. take into consideration the representation, if any, submitted by the pensioner under clause (a).
  3. Where the authority competent to pass an order under sub-rule (1) is the President, the Union Public Service Commission shall be consulted before the order is passed.
  4. An appeal against an order under sub-rule (1), passed by any authority other than the President shall lie to the President and the President shall, in consultation with the Union Public Service Commission, pass such orders on such appeal, as he deems fit.

Explanation: In this rule the expression

    1. "serious crime" includes a crime involving an offence under the Official Secrets Act, 1923 (19 of 1923);
    2. "grave misconduct" includes the communication or disclosure of any secret official code or password or any sketch plan, model, article, note, documents or information, such as is mentioned in section 5 of the Official Secrets Act, 1923 (19 of 1923) which was obtained while holding office under the Government so as to prejudicially affect the interests of the general public of security of the State.

 

9. Right of the President to withhold or withdraw pension.

  1. The President reserves to himself the right of with holding or withdrawing a pension or gratuity, or both, either in full or in part, whether permanently or for a specified period, and of ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Railway, if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of his service, including service rendered upon re-employment after retirement;

Provided that the Union Public Service Commission shall be consulted before any final orders are passed.

Provided further that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount of rupees three hundred seventy five per mensem.

  1. The departmental proceedings referred to in sub-rue (1)
    1. if instituted while the railway servant was in service whether before his retirement or during his re-employment, shall after the final retirement of the railway servant, be deemed to be proceeding under this rule and shall be continued and concluded by the authority by which they were commenced in the same manner as if the railway servant had continued in service.

Provided that where the departmental proceedings are instituted by an authority subordinate to the President, that authority shall submit a report recording its findings to the President;

    1. if not institute while the railway servant was in service, whether before his retirement or during his re-employment
      1. shall not be instituted save with the sanction of the President;
      2. shall not be in respect of any event which took place more than four years before such institution; and
      3. shall be conducted by such authority and in such place as the President may direct and in accordance with the procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the railway servant during his service.
  1. In the case of a railway servant who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings are continued under sub-rule (2), a provisional pension as provided in  Rule 10 Rule 96 shall be sanctioned.

Amended vide Railway Board's letter No. F(E) III/99/PN 1/38 (Modification) dated 23.05.2000 (RBE 100/2000).

  1. Where the President decides not to withhold or withdraw pension but orders recovery of pecuniary loss from pension, the recovery shall not ordinarily be made at a rate exceeding one third of the pension admissible on the date of retirement of a railway servant.
  2. For the purpose of this rule
    1. departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the railway servant or pensioner, or if the railway servant has been placed under suspension from an earlier date, on such date; and
    2. judicial proceedings shall be deemed to be instituted
      1. in the case of criminal proceedings, on the date on which the complaint or report of a Police Officer, of which the Magistrate takes cognisance, is made; and
      2. in the case of civil proceedings, on the date the plaint is presented in the Court.

 

10. Provisional Pension where departmental or judicial proceedings may be pending.

  1.  
    1. In respect of a railway servant referred to in sub-rule (3) of Rule 9, the Accounts Officer shall authorise the provisional pension not exceeding the maximum pension which would have been admissible on the bases of qualifying service up to the date of retirement of the railway servant or if he was under suspension on the date of retirement, upto the date immediately preceding the date on which he was placed under suspension.
    2. The Provisional pension shall be authorised by the Accounts Officer during the period commencing from the date of retirement upto and including the date on which, after the conclusion of departmental or judicial proceedings, final orders are passed by the competent authority.
    3. No gratuity shall be paid to the railway servant until the conclusion of the departmental or judicial proceedings and issue of final orders thereon; provided that where departmental proceedings have been instituted under the provisions of the Railway Servants Discipline and Appeal Rules, 1968, for imposing any of the penalties specified in clauses (i), (ii), (iii a) and (iv) of Rule 6 of the said rules, the payment of gratuity shall be authorised to be paid to the railway servant.
  2. Payment of provisional pension made under sub-rule (1) shall be adjusted against final retirement benefits sanctioned to such railway servant upon conclusion of such proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or the pension is reduced or withheld either permanently or for a specified period.

 

11. Commercial employment after retirement-

  1. If a pensioner who, immediately before his retirement was a member of Central Service Group 'A' wishes to accept any commercial employment before the expiry of two years from the date of his retirement, he shall obtain the previous sanction of the Government to such acceptance by submitting an application in Form 18{1}:

Provided that a Government servant who was permitted by the Government to take up a particular form of commercial employment during his leave preparatory to retirement or during refused leave shall not be required to obtain subsequent permission for his continuance in such employment after retirement.

  1. Subject to the provisions of sub-rule (3), the Government may, by order in writing on an application made under sub-rule (1) by a pensioner, grant, subject to such condition, if any, as it may deem necessary, permission, or refuse, for reasons to be recorded in the order, permission to such pensioner to take up the commercial employment specified in the application.
  2. In granting or refusing permission under sub-rule (2) to a pensioner for taking up any commercial employment, the Government shall have regard to the following factors, namely: -
    1. the nature of the employment proposed to be taken up and antecedents of the employer;
    2. whether his duties in the employment which he proposes to take up might be such as to bring him into conflict with Government;
    3. whether the pensioner while in service had any such dealing with the employer under whom he proposes to seek employment as might afford a reasonable basis for the suspension {assumption}  that such pensioner had shown favour to such employer;
    4. whether the duties of the Commercial employment proposed involve liaison or contact work with Governments;
    5. whether his commercial duties will be such that his previous official position or knowledge or experience under Government could be used to give the proposed employer an unfair advantage;
    6. the emoluments offered by the proposed employer; and
    7. any other relevant factor.
  3. **Where within a period of sixty days (ninety days) of the date of receipt of an application under sub-rule (3), the Government does not communicate the refuse to grant the permission applied for or does not communicate the refusal to the applicant, the Government shall be deemed to have granted the permission applied for

Provided that in any case where defective or insufficient information is furnished by the applicant and it becomes necessary for Government to seek further clarifications or information or both from him, the period of sixty days shall be counted from the date on which the defects have been removed or complete information has been furnished by the applicant.

Amended vide Railway Board's letter No. E(G)94 EM 1-6 dated 31.3.1995.

** sub-rule (4) of Rule 11 shall be omitted vide letter No. E(G)2002 EM1/1 dated 23.08.2002 (RBE 139/2002)

  1. Where the Government grants the permission applied for subject to any conditions or refuses such permission, the applicant may, within thirty days of the receipt of the order of the Government to that effect, make a representation against any such condition or refusal and the Government may make such orders thereon as it deems fit:

Provided that no order other than an order cancelling such condition or granting such permission without any conditions shall be made under this sub-rule without giving the pensioner making the representation an opportunity to show cause against the order proposed to be made. 

  1. If any pensioner takes up any commercial employment at any time before the expiry of two years from the date of his retirement without the prior permission of the Government or commits a breach of any condition subject to which permission to take up any commercial employment has been granted to him under this rule, it shall be competent for the Government to declare by order in writing and for reasons to be recorded therein that he shall not be entitled to the whole or such part of the pension and for such periods as may be specified in the order:

Provided that no such order shall be made without giving the pensioner concerned an opportunity of showing cause against such declaration:

Provide further that in making any order under this sub-rule, the Government shall have regard to the following factors, namely: -

i.                        the financial circumstances of the pensioner concerned;

                              ii.            the nature of, and the emoluments from, the commercial employment taken up by the pensioner concerned; and

                            iii.            any other relevant factor.

  1. Every order passed by the Government under is rule shall be communicated to the pensioner concerned.
  2. In this rule the expression-

         .            "commercial employment" means

      1. an employment in any capacity including that of an agent under a company, cooperative society, firm or individual engaged in trading, commercial, industrial, financial or professional business and includes also a directorship of such company and partnership of such firm, but does not include employment under a body corporate, wholly or substantially owned or controlled by the Central Government or a State Government;
      2. setting up practice, either independently or as a partner of a firm, as adviser or consultant in matters in respect of which the pensioner
        1. has no professional qualifications and the matters in respect of which the practice is to be set up or is carried on are relatable to his official knowledge or experience, or
        2. has professional qualification but the matters in respect of which such practice is to be set up are such as are likely to give his clients an unfair advantage by reason of his previous official position, or
        3. has to undertake work involving liaison or contact with the offices or officers of the Government.

Explanation: For the purpose of this rule the expression "employment" under a cooperative society includes the holding of any office, whether elective or otherwise such as that of President, Chairman, Manager, Secretary, Treasurer and the like, by whatever name called in such society;

a.                        "date of retirement", in relation to a railway servant re-employed after retirement, without any break, either in the same or in another Group 'A' post under the Government or in any other equivalent post under a State Government, means the date on which such railway servant finally ceases to be so re-employed in Government service.

 

12. Restriction on practice in Income-tax and other cases after retirement

  1. No pensioner who, while in service was a member of any Group 'A' railway service retired from a post under the Department of Revenue in the Ministry of Finance, shall set up practice before the expiry of two years from the date of his retirement
    1. in any area which was within the local limit of his jurisdiction during the last three years immediately before his retirement;
    2. in areas other than those referred to in clause (a) without the previous sanction of the President.
  2. No pension shall be payable to such pensioner who sets up practice in contravention of subrule (1) in respect of any period for which he has set up practice or such longer period as the Government may direct.

Explanation: For the purpose of this rule the expressions,

i.                        "practice" means practice, either independently or as a partner of a firm or a consultant or adviser in matters relating to Income-tax, Wealth tax, duties of customs, duties of Central Excise or estate duty, or as representative of assesses in proceeding under the enactment relating to the levy of such tax or duty;

                              ii.            "date of retirement" shall have the same meaning as in explanation (b) to Rule 11.

 

13. Employment after retirement under a Government outside India

If a pensioner who immediately before his retirement was a member of railway service, Group 'A', wishes to accept any employment under any Government outside India he shall obtain the previous permission of a Ministry of Railways (Railway Board), for such acceptance, and no pension shall be payable to a pensioner who accepts such an employment without proper permission in respect of any period for which he is so employed or such longer period as the Government may direct;

Provided that a railway servant who was permitted by the Ministry of Railways (Railway Board) to take up a particular form of employment under any Government outside India during his leave preparatory to retirement shall not be required to obtain subsequent permission for his continuance in such employment after retirement.

Explanation: For the purpose of this rule, the expression "employment under any Government outside India" includes employment under any local authority or corporation or any other institution or organisation which functions under the supervision or control of a Government outside India, or an employment under an International Organisation of which the Government of India is not a member.

 

14. Periods which shall not be treated as service for pensionary benefits - Periods of employment in any of the following capacities shall not constitute service for pensionary benefits, namely,

  1. in a part-time capacity;
  2. at casual market or daily rates;
  3. in a non-pensionable post;
  4. in a post paid from contingencies except as provided in Rule 31;
  5. under a covenant or a contract which does not specifically provided for grant of pensionary benefits;
  6. work done on payment of a fee or honorarium;
  7. Apprentice period of Special Class Apprentices.

first four years of apprenticeship of Special Class Apprentices (the last two years of apprenticeship shall be treated as a period of probation);

Substituted vide Railway Board's letter No. F(E) III/99/PN 1/38 (Modification) dated 23.05.2000 (RBE 100/2000).

  1. removal or dismissal from service in accordance with Rule 40;
  2. resignation from service save as indicated under Rule 41;
  3. period of unauthorised absence in continuation of authorised joining time or in continuation of authorised leave of absence treated as overstay,
  4. joining time allowed to a railway servant transferred at his own request and not in public interest for which he is not entitled to be paid;
  5. period of service treated as dies-non;
  6. foreign service in respect of which the foreign employer or railway servant has not paid service contributed {contribution} unless the payment has been specifically waived by the President;
  7. on contract basis except when followed by confirmation.

NOTE: Unpaid holidays, Sundays and short periods of leave for half-a-day or less granted to railway workshop staff shall be treated as qualifying service.

 

15. Recovery and adjustment of Government or railway dues from pensionary benefits

  1. It shall be the duty of the Head of Office to ascertain and assess Government or railway dues payable by a railway servant due for retirement.
  2. The railway or Government dues as ascertained and assessed, which remain outstanding till the date of retirement or death of the railway servant, shall be adjusted against the amount of the retirement gratuity or death gratuity or terminal gratuity and recovery of the dues against the retiring railway servant shall be regulated in accordance with the provisions of sub-rule (4).
  3. For the purposes of this rule, the expression "railway or Government dues" includes
    1. dues pertaining to railway or Government accommodation including arrears of license fee, if any;
    2. dues other than those pertaining to railway or Government accommodation, namely balance of house-building or conveyance or any other advance, overpayment of pay and allowances, leave salary or other dues such as Post Office or Life Insurance premia, losses (including short collection in freight charges shortage in stores) caused to the Government or the railway as a result if negligence or fraud on the part of the railway servant while he was in service.
  4.  

                                i.            A claim against the railway servant may be on account of all or any of the following: -

      1. losses (including short collection in freight charges, shortage in stores) caused to the Government or the railway as a result of negligence or fraud on the part of the railway servant while he was in service;
      2. other Government dues such as over-payment on account of pay and allowances or other dues such as house rent, Post Office or Life Insurance Premia, or outstanding advance,
      3. non-Government dues.

                              ii.            Recovery of losses specified in sub-clause (a) of clause (i) of this sub-rule shall be made subject to the conditions laid down in Rule 8 being satisfied from recurring pensions and also commuted value thereof, which are governed by the Pension Act, 1871 (23 of 1871). A recovery on account of item (a) of sub- para (i) which cannot be made in terms of Rule 8, and any recovery on account of sub-clauses items (b) and (c) of clause (i) that cannot be made from these even with the consent of the railway servant, the same shall be recovered from retirement, death, terminal or service gratuity which are not subject to the Pensions Act, 1871 (23 of 1871). It is permissible to make recovery of Government dues from the retirement, death, terminal or service gratuity even without obtaining his consent, or without obtaining the consent of the member of his family in the case of a deceased railway servant.

                            iii.            Sanction to pensionary benefits shall not be delayed pending recovery of any outstanding Government dues. If at the time of sanction, any dues remain unassessed or unrealised the following courses should be adopted: -

      1. In respect of the dues as mentioned in sub-clause (a) of clause (i) of this sub-rule. A suitable cash deposit may be taken from the railway servant or only such portion of the gratuity as may be considered sufficient, may be held over till the outstanding dues are assessed and adjusted.
      2. In respect if the dues as mentioned in sub-clause (b) of clause (i) of this sub-rule-
        1. The retiring railway servant may be asked to furnish a surety of a suitable permanent railway servant. If the surety furnished by him is found acceptable, the payment of his pension or gratuity or his last claim for pay, etc. should not be with held and the surety shall sign a bond in Form 2.
        2. If the retiring railway servant is unable or nor willing to furnish a surety, then action shall be taken as specified in sub-clause (a) of sub-clause (iii).
        3. The authority-sanctioning pension in each case shall be competent to accept the surety bond in Form 2 on behalf of the President.

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