PRELIMINARY (CHAPTER - I)
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RAILWAY SERVICES (PENSION)
RULES, 1993
In exercise of the powers
conferred by the proviso to article 309 of the Constitution, the President
hereby makes the following rules, namely:
CHAPTER - I
PRELIMINARY
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1. Short title and commencement |
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2. Application |
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3. Definitions. |
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4. Meaning of word and expressions not
defined in these rules |
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5. Government servants transferred from
services and posts to which these rules do not apply |
1. Short title and commencement
- These rules may be called the
Railway Services (Pension) Rules, 1993.
- They shall come into force on
the date of their publication in the Official Gazette.
2. Application
Save as otherwise expressly
provided in these rules, these rules shall apply to the following railway
servants, namely: -
- any Group 'D' railway servant
whose service was pensionable before the introduction of Pension System
for Railway Servants on the 16th day of November, 1957;
- any non-pensionable railway
servants who was in service on the 16th day of November, 1957 and who
elected to be governed by these rules,
- any non-pensionable railway
servant who was in service on the 1st day of January, 1986 and did not opt
to be governed by the State Railway Provident Fund (Contributory) Rules;
and
- any person entering a railway
service on or after the 16th November, 1957, except a person who is
appointed on contract or re-employed after superannuation or whose terms
of appointment specifically provide to the contrary.
** Provided that nothing
contained in these rules shall apply to railway servants appointed on or after
the 1st day of January, 2004.
** Proviso added vide Railway
Board's letter No. F(E)III/2003/PN1/38(Amendment)I dated 30.12.2003 (RBE
222/2003).
3. Definition - In these rules unless the context
otherwise requires,
- "Accounts
Officer" means a Financial Adviser and Chief Accounts Officer of a
railway or such other Officers as may be appointed in this behalf by the
Railway Board;
- "allottee" means a
railway servant to whom railway or Government accommodation has been
allotted on payment of license fee or otherwise;
- "average
emoluments"… means average emoluments as determined in accordance
with Rule 50;
- "Code" means
the Indian Railway Establishment Code, as amended from time to time;
- "child" means son
or unmarried daughter of a railway servant under twenty-five years of age
and the expression "children" shall be construed accordingly;
- "dearness
relief" means a dearness relief with in the meaning of Rule 75;
- "Defence Services"
means services under the Government of India in the Ministry of Defence
and the Defence Accounts Department under the control of the Ministry of
Finance Paid out of the Defence Services Estimates and not permanently
subject to the Air Force Act, 1950 (45 of 1950) or the Army Act, 1950 (46
of 1950) or the Navy Act, 1957 (62 of 1957);
- "emoluments" means
emoluments as defined in Rule 49;
- "family pension"
means family pension 1964 admissible under Rule 75;
- "foreign service"
means service in which a railway servant receives his pay with the
sanction of the Government from any source other than the Consolidated
Fund of India or the Consolidated Fund of a State or the Consolidated Fund
of a Union territory;
- "Form" means a Form
appended to these rules;
- "Government" means
the Central Government;
- "Government dues or
railway dues" means dues referred to in sub-rule (3) of rule 15;
- "gratuity"
includes-
- service gratuity payable
under sub-rule (1) of Rule 69;
- retirement gratuity or death
gratuity payable under sub-rule (1) of rule70 and
- residuary gratuity payable
under sub-rule (2) of Rule 70;
- "Head of a
department" means any authority whom the President may, by order,
declare to be the Head of a department for the purpose of these rules;
- "Head of Office"
means a gazetted officer whom the appointing authority may, by order
declare as Head of office and includes such other authority or person whom
the appointing authority may specify in the like manner;
- "Local Fund Administered
by Government" means the fund administered by a body which, by law or
rule having the force of law, comes under the control of the Government
and over whose expenditure the Government retains complete and direct
control;
- "minor" means
a person who has not completed the age of eighteen years:
- "pension" includes gratuity
except when the term pension is used in contra distinction to gratuity but
does not include dearness relief.
- "pension disbursing
authority" means-
i.
Branch of a nationalised bank; or
ii.
Treasury including sub-treasury or
iii.
Post office or sub post office
authorised to disburse pension on behalf of Railways or
iv.
Accounts Office
- "pension sanctioning
authority" means the authority competent to sanction pension under
these rules;
- "qualifying
service" means service rendered while on duty or otherwise which
shall be taken into account for the purpose of pensions and gratuities
admissible under these rules;
- "railway servant"
means a person who is a member of a railway service or holds a post under
the administrative control of the Railway Board and includes a person who
is holding the post of Chairman, Financial Commissioner or a Member of the
Railway Board but does not include casual labour or Person lent from a
service or post which is not under the administrative control of the
Railway Board to a service or post which is under such administrative
control;
- "retirement
benefits" includes pension or service gratuity and retirement
gratuity where admissible;
- "service book"
includes service roll, if any;
- "substitutes" means
a person engaged against a regular, permanent or temporary post by reason
of absence on leave or otherwise of a permanent or temporary railway
servant and such substitute shall not be deemed to be a railway servant
unless he is absorbed in the regular railway service;
- "Treasury" included
a sub-treasury.
4. Meaning of word and expressions not
defined in these rules -
Words and expressions used herein and not defined but defined in the Code shall
have meaning respectively assigned to them in that Code.
5. Government servants transferred from
services and posts to which these rules do not apply
- A Government servant whose
service is pensionable under the Central Government shall become subject
to these rules if he is permanently transferred to a railway service on or
after first day of April, 1957
- Where sub-rule (1) applies,
any amount paid by such Government servant to the General Provident Fund
or any other non-contributory Provident Fund while in previous employment,
alongwith the interest thereon standing to his credit shall be transferred
to his new account in the State Railway Provident Fund (non-contributory).
- The previous service rendered
by such Government servant shall be taken into account for the purpose of
these rules to the extent permissible under these rules.
NOTE - A temporary Government
servant who has been or is likely to be retrenched from Civil Department and
succeeds in securing employment in railway service while on terminal leave or
before their services are actually terminated, shall also be treated as having
been transferred.
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