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Bihar State Universities Statutes

STATUTES CHAPTER 2 (Statutes for the grant of Retirement Benefits to Employees of the Bihar/Ranchi/Bhagalpur/Magadh/L.N. Mithia/K.S. D. Sanskrit Universities. [No. BSU-52/80-5285 G.S. (1) dated 18.11.1980 as amended by letter No. BSU-/52/80/2158-GS (1) dated 25.11.1982) )

2. Statutes for the grant of Retirement Benefits to Employees of the Bihar/Ranchi/Bhagalpur/Magadh/L.N. Mithia/K.S. D. Sanskrit Universities. [No. BSU-52/80-5285 G.S. (1) dated 18.11.1980 as amended by letter No. BSU-/52/80/2158-GS (1) dated 25.11.1982)

(Approved by the Chancellor vide letter no.BSU/52/80-5285 G.S. (I) dated 18.11.1980 as amended by letter No.BSU/52/80/2158 GS (I) dated 25.11.1982)

                       1. The Statutes hereby constitute the following alternative schemes:-

(a)      General Provident Fund-cum-pension-cum-Gratuity Scheme (given in Appendix-A)

(b)       Contributory Provident Fund-cum-Gratuity scheme in which employer�s contribution to Provident Fund shall be limited to 8% of pay of the employee (given in Appendix-B)

(c)       Contributory Provident Fund only, in which the employer�s contribution shall be 10% of pay of the employee.

These statutes shall come into force with effect from 1.4.1972.

2. Denfinition.-In these Statutes, unless there is anything repugnant to the subject or context-

2[(a) �University� means the University of Bihar/Ranchi/Bhagalpur/Magadh /L.N. Mithila and K.S.D. Sanskrit.

(b) �Emoluments� means the emoluments which the employee was receiv-
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           1. In force from 14th November, 1980.

           2. For Patna University means Patna University only.

 

 

 

 

 

 

 

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ing immediately before the date of his/her retirement or relinquishment of service and includes-

         (i)_      �Pay� as defined in sub-clause (g) of this Article.

(ii)       Such portion of dearness allowance as is reckoned as pay for purpose of calculation of pension in case of State Government employees.

(iii)     Such other emoluments which shall be specially allowed to be reckoned as pay for the purpose of pension by the State Government.

Note-Special allowances sanctioned by the State Government to teachers during the 4th plan period will however, count as pay;

Provided that if immediately before retirement or relinquishment of service, an employee has been absent from duty on leave with allowances, his emoluments for the above purpose shall be taken at what they would have been had he not been absent from duty. However, the amount of pension including family pension and gratuity will not be increased on account of increase in pay not actually drawn and the benefit of higher officiating or temporary pay will be given only it is certified that the employee would have continued to hold the higher officiating or temporary appointment but for his/her proceeding on leave.

Notwithstanding the above, if an employee on leave on average pay in the first four months earns an increment, which is not withheld he/she shall be entitled to count the pay which he/she would have drawn had he/she remained on duty.

If an employee immediately before his/her retirement, or death while in service was absent from duty being on extraordinary leave or under suspension, �Pay� will continue to mean the pay which he/she drew immediately before proceeding on such leave or suspension.

(c) �Average emolument� means the average of the emoluments as defined above, calculated in respect of the last one year of service in respect of those employees who retire before 31.3.80 and last 10 months of service in respect of those who retire on or after 31.3.80.

(d) Family.-Family for the purpose of General Provident Fund and Contributory Provident Fund means the husband/wife or wives, as the case may be, and children of a subscriber, and the widow or widows, and children of a deceased son of the subscriber.

Explanation.-An adopted child shall be considered to be a child if the Vice-Chancellor is satisfied that under the personal law of the subscriber such adoption is legally recognized as conferring the status of natural child.

(e) �Fund� means the Contributory Provident Fund or the General Provident Fund, or the Pension-cum-Gratuity Fund of the University as per context.

(f) �Leave� means any kind of leave recognized by the University.

(g) �Pay� means the amount drawn monthly by an employee as pay which has been sanctioned for the post held substantively or in an officiating capacity and includes special pay and personal pay, if any.

(h) �Personal pay� means additional pay granted to an employee;

(a)       to save him from a loss of substantive pay in respect of a permanent post
owing to a revision of pay or to reduction of such

 

 

 



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              Substantive pay, otherwise than as a disciplinary measure, or

              (b)       in exceptional circumstances on other personal considerations.

              (i) �Qualifying service� means service rendered while on duty or otherwise, which shall be taken into account for the purpose of pension and gratuity admissible under these statutes

              (j) �Registrar� means the Registrar of the University or other person duly appointed to discharge the duties of the Registrar.

              (k) �Special pay� means an addition of the nature of Pay to emoluments of a post of a member of the staff of the University granted in consideration of the specially arduous nature of his duties or of a specified addition to his work or responsibility.

              (l) �Employees� means all those persons (teaching and non-teaching) who are in the whole-time employment of the University.

              (m) �Constituent college� means college managed and maintained by the University.

              3. Application of Statutes.- These statutes shall apply to whole time employees belonging to the teaching or non-teaching staff of the University as also to such employees of the constituent college of the University who were in service on 1.4.72 or joined service after that date. They shall be entitled to opt for one of the alternative schemes set out in Appendices A & B to these statutes or to continue in the scheme mentioned at clause (c) of Art. 1 above.

              Provided that those who joined service on or after 1.4.78 shall be entitled only to the scheme set out in App. A, Persons who are eligible for grant of gratuity under Chapter XIV of the Regulations framed under the Patna University Act, 1917, will not be entitled to the payment of the same, if they opt for Scheme �A� or �B�.

              Provided further that the employees who do not exercise their option within the period prescribed under these rules shall be deemed to have opted for the scheme set out in Appendix A, despite the fact that they have been permitted to contribute to the Contributory Provident Fund benefits prior to the promulgation of these rules:

              Provided also that in case of the employees who joined the service of the University prior to 1.4.78 and who opt for the scheme in Appendix �A� their �subscription� to the Contributory P.F. and the interest thereon shall be transferred to the G.P.F. of Scheme �A� and also of those who joined service on or after 1.4.78.

(i)        Employees who joined the University service or in the constituent colleges before 1.4.1978 may continue to be covered by the provisions of the Contributory Provident Fund Scheme in the University prior to the promulgation of these rules or may at their option elect to be covered by either of the two schemes referred to above.

(ii)       The service of the employees who joined before 1.4.1978 and who opt for the General Provident Fund-cum-Pension-cum-Gratuity scheme shall be deemed to have been in pensionable post from the commencement of the employees service in the University/Constituent college, provident that contributions to the Employees� Provident Fund have been credited under the rules then in Force in the

 

 

 

 

 

 

 

 

 

 

 

 

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                        University or the college, together with the interest thereon.

(iii)        Employees who held temporary appointment in the service on the 1st April,1978, shall, after continuous service of one year, be entitied to the retirements benefits form the date of commencement of service.

4. Exercise of option.-All the employees to whom these statutes apply and who joined service in the University/Constituent colleges before the 1st April, 78 and are still in service or have retired on or after 1.4.72 and are alive on the date of notification of these rules have to send the option in writing to the Registrar within three months of the date of such notification. The option once exercised shall be final.

In the case of employees who retired from the service of the University on or after the 1st April, 1972, but have died before exercising his/her option under this statute, his/her family shall be eligible for exercising the option between the schemes, provided that if the family opts for the schemes given in Appendix �A�, it shall have to refund the University share of the Contributory Provident Fund of the deceased employee, alongwith interest thereon either in cash or by adjustment from the amount of gratuity or both, and in case the family opts for the scheme in Appendix �B�, it shall have to refund the employer�s share to the Contributory Provident Fund of the deceased, that exceeded 8 per cent of pay of the deceased, alongwith interest thereon.

4A.Employees who opt for the scheme �A� or to whom scheme �A�� is applicable by virtue of the fact that they joined service of the University on or after 1.4.78, who have already drawn employer�s contribution and interest thereon form their Provident Fund in part of whole, will be required to refund the same in monthly instalments not exceeding sixty. In case the full amount is not recovered by the date of retirement or death, the balance amount will be recoverable from the gratuity and failing that it will be payable in cash by the employee/beneficiary. The above provisions will be equally applicable in the case of an employee who has opted for scheme �B�, excepting that the amount to be refunded will be 20 percent of the employer�s share with interest thereon.

In the case of persons who have already retired, the employer�s share of the provident fund with interest thereon shall be deposited by them either in cash or by adjustment from the amount payable as gratuity or both

5. (i) Transfer/appointment of an employee from the service of any other University of Bihar of this University.-(i) Employees joining the University after leaving the service of another University of Bihar on transfer or appointment shall, in the event of the permanent absorption in the University be allowed, if the employee so wishes, retirement benefits in respect of the previous service rendered under the old University provided that there has been no break in service of the employee during the period of his qualifying service and the service rendered is qualifying as per clause (2(i). The will, however, not be allowed to change over from the scheme which they have already opted in the old University.

   In case the employee was contributing to C.P.Fund in the former University,
that University�s contribution together with the employee�s subscription with interest thereon,
 to the C.P. Fund shall, on permanent absorption of the employee in the University,
be transferred to this University or the employee concerned shall deposit

 

 

 

 

 

 

 

 

 

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in the C.P. Fund of this University a sum equal to what should have been transferred from the former University. Where the employee is already governed in the former University by Scheme in Appendix �A�, the former University will transfer the amount in G.P. Fund account of the employee with that University to this University.

               (ii) Transfer of an employee from service of Government of Bihar to the service of the University.

               Employees joining the University after continuous service in the Government on a permanent post or temporary post subsequently made permanent for a minimum period of five years shall in the event of permanent absorption in the University, be allowed if the employee so wishes, retirement benefit in respect of the past continuous service rendered in the Government provided that the transfer is in the public interest and provided that he has not availed of retirement benefits in the Government.

               All transferred Govt. Servants, who have resigned or retired from, Govt. Service and have been absorbed in the service of the University without any break, shall be entitled to pension and gratuity from the University on the basis of their total qualifying service rendered under the Govt. and the University provided they refund to the University the pension and gratuity received by them for service rendered under the Govt. In case they do not chose to count their former State Govt. service for drawal of pension/gratuity from the University, they will be entitled to the benefits of C.P.Fund only for the period of the University service.

(iii) Transfer of an employee from another Govt. or University:

Employees joining the service of the University after leaving service of another Govt. (i.e. Central Govt. or a State Government other than the State of Bihar) or another University (i.e. any Indian University other than a University in Bihar) shall, in the event of permanent absorption in the University, be allowed if the employee so writes, to count his/her previous service rendered under the Govt./University for purposes of retirement benefits, provided that (a) there has been no break in service (excluding the extent of normal joining time admissible on transfer) of the employee, (b) the former service was qualifying for retirement benefits/ C.P.F. benefits; (c) the former employer or the employee pays to the University the capitalized value of pension and the gratuity due to him/her for the former service, or (d) in case the employee in the former service, was on C.P.F. scheme the accumulation in his/her C.P.F. account and the gratuity due to him/her for the former service is paid to the University by the former employer or the employee himself/herself at the time of his/her permanent absorption

               6. (i) The sanction and payment of retirement benefits admissible under these statutes shall be regulated by such procedural instruction as may be issued by the University on the advice of the Inter University Board.

               (ii) If any question arises relating to the interpretation of these statutes if shall be referred to the Chancellor whose decision thereon shall be final.

               7. Notwithstanding anything to the contrary as contained in these statutes and employee of the University or of a college appointed prior to 1.4.78 shall be entitled to the benefit of the schemes set out in Article 1 (A) or (B) which he/she opts only for such period of his/her qualifying service for which his/her own subscription and employer�s contribution, were deposited in his Provident Fund account under the Statutes then in force.

                                                                 

 

 

 

 

 

 

 

 

 

 

 

 Statutes                                                  Part II [37

 

8. Creation of Funds.-The University shall create the following funds for running these schemes:-

(a) Contributory Provident Fund in the name of each individual employee in which shall be credited the subscription made by the employee concerned, the contribution made by the employer and the interest earned thereon, to be operated jointly by the employee concerned and the Registrar. 1[* or Principal or such other officer as may ba authorised by the Vice-Chancellor.]

(b) General Provident Fund, in the name of individual employee, in which shall be credited the subscription made by the employee concerned, and the interest earned thereon, to operated jointly by the employee concerned and the Registrar.

1[* or Principal or such other officer as may be authorised by the Vice-Chancellor.�]

(e) Pension-cum-Gratuity Fund in which shall be credited:-

(i)     all contributions to the Provident Fund of the employees made by the employer with interest earned thereon, who are covered under G.P.F. cum-Pension-cum-Gratuity scheme;

(ii)     employer�s contribution to the extent of 2 percent of the pay of the employee deposited in his C.P.Fund A/c from time to time, alongwith proportionate interest earned thereon, in respect of employees, who opt for the contributory Provident Fund-cum-Gratuity Scheme; and

(iii)   contribution received from the State Government from time to time for the purpose.

Note.-(i) These amendments shall have retrospective effect, from the date from which the statute came into force.

(ii) The option referred to in article 4 of the Statute (as amended) may be exercised afresh by the persons concerned within 90 days form the date of approval of these amendments by the Chancellor.

APPENDIX �A�

RETIREMENT BENEFIT RULES

Section-I

General Provident Fund

1 : Nomination.

1.1 A subscriber shall, at the time of joining the fund, send to the Registrar, 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:

Provided that if, at the time of making nomination, the subscriber has a family the nomination shall not be in favour of any person or persons other than the members of his family:

Provided further that the nomination, made by the subscriber in respect of any other fund to which he was subscribing before joining the Provident Fund shall, if the amount to his credit in such other fund has been transferred to his

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1.         Added by Govenor�s Secretariat letter no. B.S.U.-52/80/2158 G.S. (1) dated 25.11.1982.

*          For Patna University read �or such other officer as may be authorised by the Vice-  Chancellor.�

 

 

 

 

 

 

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credit in the fund, be deemed to be a nomination duly made under this rule until he/she makes a fresh nomination.

            1.2 If a subscriber nominates more than one person under Rule 1.1 he shall specify in the nomination the amount or share payable to each of the nominees is such manner as to cover the whole of the amount that may stand to his credit in the fund at any time.

            1.3 Every nomination shall be in such one of the forms appended hereto as is appropriate in the circumstances (vide Form I to IV in Annexure).

            1.4 A subscriber may at any time cancel a nomination by sending a notice in writing to the Registrar. The subscriber shall. Alongwith such notice or separately send a fresh nomination made in accordance with the provisions of this Rule.

            1.5 A subscriber may provide in a nomination:-

(a)        in respect of any specified nominee, that in the event of his predeceasing the subscriber, the right conferred upon that nominee shall pass to such other person or persons as may be specified in the nomination, provided that such other person or persons shall if the subscriber has other members, of his family, be such other member or members. Where the subscriber confers such a right on more than one person under this clause he shall specify the amount or share payable to each of such persons in such a manner as to cover the whole of the amount payable to the nominee;

(b)        that the nomination shall become invalid in the event of the happening of a contingency specified therin :

Provided that if at the time of making the nomination the subscriber has no family, he shall provide in the nomination that it shall become invalid in the event of his subsequently acquiring a family:

Provided further that if at the time of making the nomination the subscriber has only one member of the family, he shall provide in the nomination that the right conferred upon the alternate nominee under clause (a) shall become invalid in the event of his subsequently acquiring other member or members of his family.

1.6 Immediately on the death of a nominee in respect of whom no special provision has been made in the nomination under clause (a) of rule 1.5 or on the occurrence of any event by reason of which the nomination becomes invalid in pursuance of clause (b) of rule 1.5 or the provision thereto, the subscriber shall send to the Registrar a notice in writing cancelling the nomination together with a fresh nomination made in accordance with the provision of this rule.

1.7 (i) Every nomination made and every notice of cancellation given by a subscriber shall to the extent that it is valid, take effect on the date on which it is received by the Register.

2. The University will not be bound by, will recognise any assignment or encumbrance executed or attempted to be created which affects the disposal of the amount standing to the credit of a subscriber who dies before the amount becomes payable.

3. Every subscriber shall subscribe monthly to the Fund when on duty in the service of the University or on foreign service.

4. Conditions and rates of subscription

 

 

 

           

Statutes                                                  Part II [39

 

            4.1.1. Provided that a subscriber shall not subscribe during the period when he is under suspension and may at his option not subscribe during any period of leave other than leave on full or half average pay or earned leave of less than thirty days duration, as the case may be.

            4.1.2. Provided further that a subscriber on reinstatement after a period passed under suspension shall be allowed the option of paying in one sum or in instalments any sum not exceeding the maximum amount of arrear of subscription payable for that period.

            4.2. The subscriber shall intimate his electionnot to subscribe during leave by a written communication addressed to the Registrar before he proceeds on leave. Failure to make due and timely intimation shall be deemed to constitute an election to subscribe. The option of a subscriber intimated under this sub-rule shall be final.

            5. Rates of subscription.

            5.1. The rate of subscription shall be fixed by the subscriber himself subject to the following conditions.

            5.1.1. The rate of subscription may not be less than 61/4% of his emoluments and not more than his total emoluments, the amount so calculated being rounded off to the nearest rupee, provided that in the case fo subscriptions at the minimum or maximum rates, the rounding off will be to the next higher or the next lower rupee, respectively.

            5.2 For the purpose of this rule, the pay of a subscriber shall be:

            5.2.1. In the case of a subscriber who was in service on the 31st March of the preceding financial year, the pay to which he was entitled on that date, provided as follows:-

            5.2.2. The amount of subscription so fixed may be enhanced or reduced once atb anytime during the course of a financial year provided that when the amount of subscription is so reduced it shall not be less than the minimum prescribed under Rule 5.1.1.

            6. Interest.

            1[Interest will be credited to the fund by the scheduled bank with which the account of the fund is kept.]

            7. Advances from the Fund.

            7.1. The paymnt of advance from the fund may be sanctioned by the Vice-Chancellor 2[*or such other persons as may be authorised by the Vice-Chancellor for the purpose] to a subscriber from the amount of his subscription and interest thereon standing to his credit, subject to the following conditions:-

            7.1.1. No advance shall be granted unless the sanctioning authority is satisfied that the applicant�s pecuniary circumstances justify it, and that it will be expended on the following object or objects and not otherwise;

(i)         to pay expenses incurred in connection with the illness of the applicant, applicant�s wife, husband, legitimate children, step-children,

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1. Subs. vide Governor�s Secretariat letter no. BSU-52/80-2158 G.S. (1) dated 25.11.1982.

2. Added by ibid.

* Not for Patna University [].

 

 

 

 

 

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                        Parents, sisters and minor brothers actually dependent on him;

(ii)        to pay for the overseas passage for reasons of health or education of the applicant or the applicant�s wife, legitimate children, step-children, parents, sisters and minor brothers actually dependent on him;

(iii)       to meet the cost of higher education of any person actually dependent on the applicant. Such person need not necessarily be a member of the applicant�s family;

(iv)     to pay obligatory expenses on a scale appropriate to the applicant status in connection with marriages, funerals or ceremonies which by his religion it is incumbent on him to perform ;

(v)        to meet the cost of legal proceedings instituted by the applicant for vindicating his position in regard to any allegations made against him in respect of an act done or purporting to be done by him in the discharge of his official duty:

                        Provided that the advance under this sub-rule shall be admissible to an applicant who institutes legal proceeding in any court of law either in respect of any matter unconnected with his/her official duties or against the University in respect of any condition of service or penalty imposed on him.

(vi)       to meet the cost of his/her defence where the applicant is prosecuted by the University in any court of law in respect of any alleged official misconduct on his part;

(vii)      to meet the cost of the purchase and repair of the house of the applicant;

7.1.2. An advance shall not exceed the following ceiling limits;

(i) When sanctioned for any of the objects mentioned in clauses (i) to (vii) of Rule 7.1.1.-3 months pay-

Provided, however, that in no case shall the amount of advance exceed 50 percent of the amount of the member�s subscription and interest thereon standing to the credit of the subscriber in the fund.

7.1.3. An advance shall not except for special reasons to be recorded in writing , and under the specific order of the Vice-Chancellor be granted to any subscriber in excess of the limit laid down in rule 7.1.2 herein but in no case exceeding 75 percent of the total P.F. accumulations in the fund or until repayment of the last installment of any previous advance.

7.1.4. The amount of advance shall be recovered in not more than twenty four equal monthly installments, if the advance was sanctioned for any of the objects mentioned in clauses (i) to (vi) of Rule 7.1.1. Each installment shall be a number of whole rupee the amount of advance being raised or reduced, if necessary so as to admit the fixation of such instilments. A subscriber may at his option repay in a smaller number of installments than that agreed upon at the time of grant of advance or in a lump sum.

7.1.5. Recovery of advance shall be made from the salary of a subscriber and shall commence on the first occasion, after the advance is made, on which the subscriber draws emoluments for a full month.

 

 

 

 

 

Statutes                                                  Part II [41

 

            8. Withdrawal from the Fund.

            8.1 Subject to the conditions specified herein, withdrawals from the Fund may be sanctioned by the Vice-Chancellor at any time.

            A. After the completion of twenty five years of service (including broken periods of service, if any) of a subscriber or within five years before the date of his retirement on superannuation, whichever is earilier, from the amount standing to his credit in the Fund, for one or more of the following purposes:

            (a) meeting the cost of higher education, including where necessary, the traveling expenses of any child of the subscriber actually dependent on him in the following cases;-

(i)         for education outside India for academic, technical, professional or vocational course beyond the Higher School stage; and

(ii)        for any medical, engineering or other technical or specialised course in India beyond the High School stage provided that the course of study is for not less than three years.

(b) meeting the expenditure in connection with the marriage of a son or a daughter of the subscriber and, if he has no daughter, of any other female relation dependent on him;

(c) meeting the expenses in connection with the illness, including where necessary, the traveling expenses, of the subscriber or any person actually dependent on him; and

B. After the completion of twenty years of service (including broken periods  of services, if any) of a subscriber or within ten years before the date of his retirement on superannuation whichever is earlier form the amount standing to his credit in the fund, for one or more of the following purposes;

(a) building or acquiring suitable houses for his residence including the cost of the site or re-paying any outstanding amount on account of the loan expressly taken for this purpose before the date of receipt of the application for withdrawal but not earlier than twelve months of that date, or re-constructing or making additions or alterations to a house already owned or acquired by a subscriber;

(b) purchasing a house site or re-paying any outstanding amount on account of loan expressly taken for this purpose before the date of receipt of the application for the withdrawal but not earlier than twelve months of the date;

8.2 Any sum withdrawn by a subscriber at any one time for one or more of the purposes specified in Rule 8.1. from the amount standing to his credit in the Fund shall not ordinarily exceed one half of such amount or twelve months pay of the subscriber whichever is higher. Withdrawal of an amount in excess of these limits, upto three fourths of the balance of his credit in the fund may be allowed by the Vice-Chancellor having due regard to (i) the object for which the withdrawal is being made (ii) the status of the subscriber and (iii) the amount to his credit in the fund.

8.3 A subscriber who has been permitted to withdraw money from the Fund under Rule 8.1. shall satisfy; the Vice-Chancellor within a reasonable period as may be specified by him that the money has been utilised for the purpose for which it was withdrawn and if he fails to do so, the whole of the sums so withdrawn or so much thereof as has not been applied for the purpose for which it was withdrawn, shall

 

 

 

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forthwith be re-paid in one lumpsum and in default of such payment, it shall be ordered by the Vice-Chancellor to be recovered from emoluments either in a lumpsum or in such number or monthly instalments as may be determined.

            9. Final withdrawals of Accumulations in the Fund:

            9.1. When a subscriber quits the service of the University the amount standing to his credit in the Fund shall become payable to him.

            9.1.1. Provided that a subscriber who has been dismissed from the service of the University and is subsequently reinstated in service, shall if required to do so, re-pay any amount paid to him from the Fund in pursuance of this rule. The amount so re-paid shall be credited to his account in the fund.

            10. Retirement of a subscriber;

            10.1. When a subscriber (a) has proceeded on leave preparatory to retirement or if he is entitled to vacation, on leave preparatory combined with vacation or (b) while on leave, has been permitted to retire or has been declared by the �medical board as constituted by the Vice-Chancellor to be unfit for further service, the amount standing to his credit in the Fund shall upon an application made by him in that behalf becomes payable to the subscriber.

            10.1.1. Provided that the subscriber, if he returns to duty, shall, if required to do so re-pay to the Fund for credit to his account the whole or part of any amount paid to him from the Fund in pursuance of this rule by instalments or otherwise, by recovery from his emoluments or otherwise as the Vice-Chancellor may direct.

            11. Procedure on the death of subscriber:

            11.1. On the death of a subscriber while in the service of the University or after leaving the service of the University but before payment has been made.

            11.1.1. When a subscriber leave a family.

(a)        If a nomination, made by the subscriber in accordance with the provisions or Rule 1.1 or of the corresponding rule heretofore in force in favour of a member or members of his family subsists, the amount standing to his credit in the Fund or the part thereof to which the nomination relates shall become payable to his nomince or nominees in the proportions specified in the nominations.

(b)        If no such nomination in favour of a member or members of the family of the subscriber subsists or if such nomination relates only to a part of the amount standing to his credit in the Fund, the whole amount or the part thereof to which the nomination does not relate, as  the case may be, shall notwithstanding any nomination purporting to be in favour of any person or persons other than member or members of his family become payable to his/ her spouse and, if the spouse is predeceased shall be payable to the members of his family in equal shares:

Provided that no share shall be payable to;

(i)                 Sons who have attained majority and are earning;

(ii)               Sons of a deceased son who have attained majority and are earning;

(iii)             married daughters whose husbands are alive;

(iv)             married daughters of a deceased son whose huasbands are alive, if

 

 

 

 

 

Statutes                                                  Part II [43

 

there is any member of the family other than those specified in clauses (i), (ii), (iii) and (iv) provided that in case there is any member of the family other than those specified in (i) to (iv), then the members so specified shall become entitled to payment in equal proportion:

            Provided further that the widow or widows and the child children or a deceased son shall receive between them in equal parts only the share which the son would have received if he had survived the subscriber and had been exempted from the provisions of clause 1 of the first proviso.

            11.1.2. When the subscriber leaves no family.-If a nomination made by him in accordance with the provisions of Rule 1.1 or of the corresponding rule heretofore in force in favour of any person or persons, subsists, the amount standing to his credit in the Fund or the part thereof to which the nomination relates, shall become payable to his nominee or nominees in the proportion specified in the nomination.

            12. Satement of Accounts:

            12.1 As soon as possible after the 31th March of each year, the Registrar shall send to each subscriber a statement of his account in the fund, showing the opening balance on the 1st April of the year, the total amount credited and debited during the year, the total amount of interest credited as on the 31st of March of the year and the closing balance on that date. The Registrar/ * Principal shall attach to the statement of account on enquiry whether the subscriber-

            (a)        desires to make any alteration in any nomination made by the subscriber.

(b)        has acquired a family (in cases where the subscriber has made no nomination in favour of   a member of his family under the rules).

12.2 A subscriber should satisfy himself as to the correctness of the annual statement, and errors should be brought to the notice of the Registrar [* Principal within six months from the date of receipt of statement.

12.3. The Registrar /* Principal] shall, if required by a subscriber once, but not more than once in a year inform the subscriber of the total standing to his credit in the Fund at the end of the last month for which his account has been written up.

13. Investment of Fund:

If a subscriber so desires, the whole or any part of the sum at his credit in his G.P. Fund Account, may be invested in National Savings Certificates, Government Promissory Notes, Fixed Deposit Accounts in nationalised Banks or other approved trustee securities. The application for purchase of such certificates etc. shall be signed by the subscriber on whose behalf the investment is being made and also by the officer operating the fund. These certificates shall be endorsed in the official designation of the officer operating the fund and in the name of the subscriber. Any such certificate purchased shall be kept by the officer operating the fund.

13.A On a written application from a subscriber to the Provident Fund and with the approval of the Vice-Chancellor, the University may allow premia on the Life Insurance Policy of the subscriber to be paid out of the share in his / her provident Fund. In all such cases the Life Insurance Policy for which the premia are so

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* Not for Patna University. []

 

 

 

 

44] Part II                                       Manual of Bihar Universities Laws       

 

Paid shall be assigned in favour of the University. On the retirement of the subscriber from the service of the University the policy shall be reassigned to him / her by the University.

            In case of the maturity of the policy during the service of the subscriber in the University, the full  amount of the policy shall be cedited to the Provident Fund of the subscriber. In case of the death of the subscriber, during the service of the University, the full amount of the Policy shall be paid to the nominee or, in the absence of nomination to the legal representative of the deceased entitled to the Provident Fund.

Section II

Pension

            14. (i) �Qualifying service� means service rendered as a member of the staff of the University in a substantive capacity including periods spent on probation. All services rendered in the University on a full time basis on a temporary or officiating capacity followed without interruption by substantive appointment in the same or any other post shall count as qualifying service except in respect of periods of service in �work charged� establishment and periods of service paid from �contingencies.�

            Provided that continuous temporary service of not less than 15 years (10 year in the case of those who retire on or after 31st March, 1980) shall also be counted as qualifying service even if not followed by substantive appointment .

            (ii) The minimum age after which service counts for pension shall be 18 years.

            (iii) Service rendered in any college affiliated to a University in the State of Bihar followed without interruption by University service will also count as qualifying service for the purpose of these statutes subject to the condition that the employer�s contribution to his/her Provident Fund along with interest thereon maintained in the affiliated College has been deposited in the University by the college concerned or the employee concerned or in the event of his/ her death by his/her beneficiary concerned.

            (iv) Periods of foreign service will also count for pension / gratuity if the employer�s share of the Provident Fund plus interest thereon, for the period of foreign service is paid to the University by employer or the employee or in case of deat by the beneficiary concerned. In cases of foreign service occurring after the promulgation of these statutes, such service will also count for pension/ gratuity if pension contributions therefore are paid to the University by the foreign employer or the employee concerned. The rates of pension contribution will apply, mutatis mutandis as laid down in Appendix II under Fundamental Rules, Govt. of india, as amended from time to time.

            (v) All kinds of leave including extraordinary leave and joining time granted on transfer/ appointment as admissible under the service statutes, will count for pension without restriction.

            (vi) Any interruption in service other than the periods indicated above shall not count for qualifying service.

 

 

 

 

 

Statutes                                                  Part II [45

 

(vii) Dismissal or removals from service will entail forfeiture of all past service for pupose of grant of pension/ gratuity.

1[x x x ]

15. Subject to the minimum qualifying service an employee shall be eligible for one or others of the following pensions.

15.1 Compensation Pension- If an employee is discharged owing to the abolition of the permanent post, he shall be granted a compensation pension on the scale prescribed in Rule 16 below.

15.2. Invalid Pension-An invalid pension shall be granted to an employee on retirement from the service of the University for permanent physical or mental disability incapactitating him for further service, if certified by the Medical Board constituted by the Vice-Chancellor on the scale prescribed in Rule 16 below.

No invalid person shall be sanctioned if the incapacity is directly due to irregular or intemperate habits. If the incapacity has not been directly caused by such habits but has been accelerated or aggravated by them, it will be for the authority sanctioning the pension to decide what reduction should be made on this account.

15.3 Superannuation pension-A superannuation pension shall be granted to an employee who has retired on his/ her attaining the age of compulsory retirements.

15.3.1. Retiring pension-A retiring pension shall be granted to an employee who retires or is retired in advace of the age of compulsory retirement in accordance with the provisions of Patna/ Bihar State University Act, 1976.

16. An employee eligible for pension under any of the categories mentioned above, shall be granted pension according to the scales given in schedule �A� (i) if he ceased to be in University service between 1-4-72 and 31-12-72 and schedule A(ii) if he ceased to be in University service between 1-1-73 and 30-3-79. For those who ceased to be in University service from 31-3-79 onwards, the scales given in Schedule A(iii) will be applicable. Any further change in the rate of pension as also relief in pension under the Bihar (Govt.) Pension Rules, will be equally applicable to the University employees.

16 A. Wound and other extraordinary Pension.-Employees of the University who sustain any inury or die as a result thereof or are killed as a result of special risk of office, will be entitled to injury gratuity and pension or family pension, as the case may be, under the same rules and conditions as are applicable to the employees of the Govt. of Bihar. The rates of injury gratuity and pension and family pension payable under this Rule are given in Schedules B and E respectively.

Commutation of Pension

17. Subject to the provisions of these rules and to such conditions as the University may think fit to impose, the Syndicate may, on the application of any University servant, sanction the commutation of a portion of his/ her pension, not exceeding one-third which has been, or is about to be granted to him under the rules.

18. The following principles shall be observed in deciding whether to allow a

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1.      Sub-para 14A deleted by Governor�s Secretariat letter no. BSU 52/80-2158 G.S. (1) dated 25.11.1982.

 

 

 

 

 

 

 

 

46] Part II                                       Manual of Bihar Universities Laws       

 

Commutation of pension of pensioner;

(a)    The budget provision is the first factor which must be taken into account in considering applications for the concession. When the total demand is in excess of the funds available, the applications will be listed in order of urgency and the requests received from persons who on the evidence available have means of their own will be postponed to another year or in more extreme cases rejected in whole or in part. It is, however, not an absolute rule that commutation will be refused where the possession of private means is established.

(b)   The commutation must be to the distinct and permanent advantage of the pensioner and his family, and the residue of the pension must be sufficient to maintain the pensioner in his proper station of life. For instance, if a pensioner�s only dependent is a wife, who has no means of his own is unable to maintain herself and has no prospect of re-marriage after her death, an application for commutation would be justified in order that the pensioner might build a house which would either shelter or provide a small income for her after his death.

(c)    The residue of pension after commutation, shall not in the cases of pensioners resident in India, be less than Rs. 20 a month in any individual case.

(d)   Commutation must not be allowed for speculative purposes or any ambitious business enterprise. The objects for which commutation is ordinarily allowed are:-

1.      liquidation of debts:

2.      construction, purchase or extensive repair of dwelling house;

3.      education of children;

4.      marriage of children on which expenditure is obligatory according to social custom.

Note-This clause will not be applicable to those retiring on or after 31-3-80.

(e)    �The commutation table is given at Schedule �B�.

Section II

Gratuity

            19. An employee who has completed five years of qualifying service at the University shall be granted gratuity, as distinct from the gratuity referred to in Rule 14 of Section II, in accordance with the scale of gratuity indicated in Rule 20 below. This gratuity shall be payable on his retirement from service of the University. In the event of his demise, this gratuity shall be payable to the nominee or nominees of the deceased in the manner prescribed (vide Annexure Forms V to VIII).

            20. The amount of gratuity shall be one-fourth of the emoluments of the employee for each completed half year of his/her qualifying service subject to a maximum of Rs. 24,000/- or 15 months�s emoluments whichever is less for those who retired up to 31-12-72 and Rs. 30,000/- or 16 � months� emoluments whichever is less for those who retire/ retired on or after 1-1-73. If employee who has completed five years of qualifying service dies while in service the gratuity shall be

 

 

 

Statutes                                                  Part II [47

Subject to a minimum of twelve times the emoluments of the employee at the time of this death provided that in no case shall it exceed Rs 24,000/- if death occurred before 1-1-73 and Rs. 30,000/- if death occurred on or after that date. If is further subject to the provisions of Rule 25A (vii).

            21. If an employee who has become eligible for a pension under section 25A(vi) dies within a period of five years after he retires from the service of the University, and the sums actually received by him at the time of death on account of such pension together with the gratuity granted under the above rules are less than the amount equal to twelve times the emoluments a gratuity equal to the deficiency shall be granted to the person or persons nominated by him.

            22. If a permanent employee dies before completing five years of qualifying service, his family will be eligible for a gratuity equal to six times his emoluments at the time of his death except in cases in which death occurs in the first year of service, when the gratuity admissible will be equal to two months emoluments.

            22 (A). 1 Nominations for gratuity.-Immediately on confirmation of an employee in the University it will be compulsory for him/her to make nomination for gratuity in one of the forms enclosed at Annexures V to VIII and submit it to the Registrar. This nomination shall be in favour of one or more members of his/ her family and in case he/she has no family, it may be in favour of any person (s) or company or association or body of individuals, whether incorporated or not. Where an employee has only one member in his/her family, the alternate nomination can be made in favour of a person who is not a member of his/her family or in, favour of a body of persons corporate or incorporate.

            22 (A). 2 The term �family� for the purpose of gratuity shall include the following:

(i)                 Wife/Wives, in the case of a male employee;

(ii)               Husband, in the case of a female employee;

(iii)             Sons;

(iv)             Unmarried daughters;

(v)               Widowed daughters

(vi)             Brother below the age of 18 years;

(vii)           Unmarried and widowed sisters;

(viii)         Father;

(ix)             Mother;

(x)               Married daughters; and

(xi)             Children of pre-deceased son;

Note : (iii) and (iv) above, will include step-children also.

22    (A). 3 An employee may provide in a nomination:

(a) in respect of any specified nominee that in the event of his/her predeceaseing the employee, the right conferred upon that nominee shall pass to such other person as may be specified in the nomination; provided that if at the time of making the nomination, the employee has a family consisting of more than one member, the person so specified shall not be a person other than a member of his family.

(b) that the nomination shall become invalid in the event of happening of a contingency specified therein.

22 (A)  4 The nomination made by an employee who has no family at the time.

 

 

 

 

 

48] Part II                                       Manual of Bihar Universities Laws       

of making it,or a provision made in a nomination under clause (a) of Rule 22A.3 above by an employee whose family consists, on the date of making the nomination of only one member, shall become invalid in the family, as the case may be.

            22 (A). 5 An employee may at any time cancel a nomination by sending a notice in writing to the Registrar provided that he/she shall, alongwith this notice, send a fresh nomination made in accordance with the above Rules.

            22 (A). 6 Immediately on the death of a nominee in respect of whom no special provision has been made in the nomination under clause (a) of Rule 22A.3 or the occurrence of any event, by reason of which the nomination becomes invalid in pursuance of clause (b) of Rule 22A.3 the employee shall send to the Registrar, a notice in writing formally cancelling the nomination, together with a fresh nomination, made in accordance with these Rules.

            22 (A). 7 Every nomination made, and every notice of cancellation given by an employee, shall to the extent it is valid, take effect on the date on which it is received by the authourity mentioned in Rule 22A. 6 above.

            22 (A). 8 In case an employee leaves no nomination or the nomination made does not subsist, the gratuity payable to family under Rules 20, 21 or 22 above, will be paid in the manner indicated below:

            (i) If there are one or more surviving members of the family as in clauses (i) to (iv) of Rule 22A.2 ante, to all such members in equal shares;

            (ii) If there are no such surviving members of the family as in (i) above, but there are one or more members as in clauses (v) to (xi) of Rule 22A.2 ante, to all such members in equal shares.

            23. Temporary Employees

            23.1 Terminal gratuity- A temporary employee who retires on superannuation or is discharged on account of retirement or is declared invalid for further service, will be eligible for a gratuity at the rate of one-third of a month�s pay for each completed year of service, provided that he has completed not less than five years of continuous service at the time of retirement, discharge or invalidment.

            23.2. Death gratuity-The family of a temporary employee who dies while in service will be eligible for a death gratuity on the scale and subject to the conditions specified below:-

            (a) On death after completion of one               A gratuity equal to one month�s pay.

                 Year of service but before completion

      of three years of service.

(b) On death after completion of three                        A gratuity equal to two month�s pay.

                 Years of service but before completion

      of five years of service.

(c) Death after completion of five                   A gratuity equal to three months pay or the

     years of service or more.                            amount of  terminal gratuity whichever is more.

 

Note.-For the purpose of determining the amount of terminal or death gratuity under Rule 23(1) or 23(2) pay will mean only basic pay and also dearness pay (if any) at the time of relinquishing service or of death, as the case may be. It           

 

 

 

 

Statutes                                                  Part II [49

��

Will not include special pay, personal pay and any other emoluments reckoned as pay. In case the employee concerned was on leave with or without allowance immediately before retirement, discharge, invalidment or death pay for this purpose will be paid which he would have drawn had he/she not proceeded on such leave.

            23.3. The rates and the amounts of gratuity provided for in this section shall be changed to the rates applicable to the employees of the State Government whenever there is any change in these latter rates.

Section IV

Family Pension

24. The Family Pension Scheme as detailed below will be applicable to regular employees in pensionable service-temporary or permanent and will be administered as below:-

24. A (I) The family pension will be admissible in case of death while in service or after retirement, if at the time of death a retired employee was in receipt of a compensation, invalid, retiring or superannuation pension. In case of death while in service the employee should have completed a minimum period of one year of continuous service. The condition of one year of continuous service will not apply if immediately before his / her appointment in the University service, the employee was examined by appropriate medical authourity and declared fit by that authourity for service in the University. (This will be applicable from 1.4.1980).

(II) Family for the purpose of this scheme will include the following relatives of the employee:

(a)    Wife in the case of male employee;

(b)   Husband in the case of female employee;

(c)    Minor sons;

(d)   Unmarried minor dauthers.

Note.-(i)-(c) and (d) will include children adopted legally before retirement/ or death.

(ii) Marriage after retirement will not be recognized for the purpose of the scheme.

(iii) the pension will be admissible-

(a)    in the case of widow/widower up to the date of death or remarriage whichever is earlier.

(b)   in the case of minor son until he attains the age 1[21 years.

(c)    In the case of unmarried daughter until she attains the age of 1[24 years or marrige whichever is earlier.

Note.-(1) Where an officer is survived by more than one widow, the pension will be paid to them in equal shares. On the death of a widow her share of the pension will become payable to her eligible minor children. If at the time of her death a widow leaves no eligible minor child, the payment of her share of the pension will ceases.

(2) Where an officer is survived by a widow but has left behind an eligible minor child from another wife, the eligible minor child will be paid the share of the

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1. Effective from 6-6-78.

 

 

 

 

 

 

 

50] Part II                                       Manual of Bihar Universities Laws       

 

Pension which the mother would have received if she had been alive at the time of the death of the officer.

(iv) Except as provided in the note below sub-para(iii) of this para pension awarded under this scheme will not be payable to more than one member of an officer�s family at the same time. It will be first admissible to the widow/widower and thereafter to the eligible minor children.

            (v) In the event of re-marriage or death of the widow/widower the pension will be granted to the minor children through their natural guardian. In disputed cases, however, payments will be made through a legal guardian.

            (vi) If the son or daughter of a deceased employee is suffering from any disorder or disability of mind or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of 18 years in the case of the son and 21 years in the case of the daughter, the family pension shall be pabable to such son or daughter for life subject to the following conditions, namely:-

            (i) If such son or daughter is one among two or more children of the deceased employee, the family pension shall be initially payable to the minor children in the order set out in Note(iii)(b)(c) above until the last minor child attains the age of 18 or 21, as the case may be and thereafter the family pension shall be resumed in favour of the son or daughter suffering from disorder or disability of mind or who is physically crippled or disabled and shall be payable to him/her for life;

            (ii) If there are more than one such son or daughter suffering from disorder or disablilty of mind or who are physically cripped or disabled, the family pension shall be paid in the following order, namely:

(a)    First to the son, and if there are more than one son, the younger of them will get the family pension only after the life time of the older;

(b)   Accordingly, to the daughter, and if there are more than one daughter; the younger of them will get the family pension only; after the life time of the older;

(iii) the family pension shall be paid to such son or daughter through the guardians if he or she were a minor;

(iv) before allowing the family pension for life to any such son or daughter, the Syndicate shall satisfy that the handicap is of such a nature as to prevent him or her from earing his or her livelihood and the same shall be evidenced by a certificate obtained from a Medical Officer not below the rank of a Civil Surgeon setting out, as far as possible, the exact mental or physical condition of the child;

(v) the person receving the family pension as guardian of such son or daughter shall produce every three years a certificate from a Medical Officer not below the rank of Civil Surgeon to the effect that he or she continues to suffer from disorder or disability of mind or continues to be physically crippled or disabled. (The above clause takes effect from 1.1.1975).

(vi) Every employee eligible to the benefit of the scheme will be required to surrender portion of gratuity where admissible equal to two months emoluments or pay as the case may be, subject to a maximum of  Rs. 3,600/- in case of those who ceased to be in service or espired before 1.1.73 and Rs. 5000/- in the

 

 

 

 

 

 

Statutes                                                  Part II [51

��

case of others. Where an employee governed by this scheme retires, as a bachelor who has not adopted any child no deduction from his gratuity will be made. In case where the gratuity admissible is less than two months pay, the same will be resumed by University against the family pension benefit admissible under the scheme.

            Note 1.-In the case of employees retiring without wife/husband or minor children including the adopted children the deduction of two month�s pay/emolumetns from  the gratuity will not be made as in the case of bachelor.

            Note 2.-The provision of sub-clause (vi) above will not be applicable to those who retired on or after 22.9.77.

(a) Rates of family pension applicable in the case of employees who died/retired  between 1.4.72 and 31.12.77.  

       Pay of employee                                 Monthly pension of widow/widower

(a)    below Rs. 200/-p.m.                             30 percent of pay subject to a minimum

             of Rs.20/-

 

(b)   Rs. 200/- per month and above,        15 percent of pay subject to a minimum of Rs.  but below Rs.800/-                               60/- and maximum of  Rs. 96/-per month.

 

(c)    Rs. 800/- and above per month.           12 percent of pay subject to a minimum of

  Rs.150/- per month  

(viii) Rates of family pension applicable in the case of employees, who die / retire on or after 1.1.73.

          Pay of employee                            Amount of monthly family pension

(a)    Below Rs. 400/-                                 30 % of pay subject to a maximum of  Rs. 100/-     

           and minimum of  Rs. 60/-

 

(b)   Rs. 400/- and above but below         15 % of the pay subject to a minimum of Rs.100/-                                                Rs. 1200/-                                          and maximum of Rs. 160/-

 

(c)    Rs. 1200/- and above                       12 % of pay subject to a minimum of Rs. 160/-                                                                and maximum of Rs. 250/-  

B(i) In the case of employees who dies/die in harness after rendering 7 years� continuous service prior to their death, the family pension payable will be at the rate of 50 percent of the basic pay of the employee last drawn, subject to a maximum of twice the amount of family pension admissible under the preceding rule. This pension will be payable for a period of 7 years from the date of death or till the date�s the employee would have reached the normal age of superannuation had he remained alive, whichever period is shorter. The rate of family pension payable thereafter, will be the normal rate as per rule (24AII)(vii). In the case of those who died or may die while in service on or after 31.12.1972, the family pension at higher rate as stated above, will  be payable for a period of seven years or up to the date on which he would, have attained the age of 65 years, whichever period is less.

(ii) In the event of death after retirement, the family pension shall be payable up to the date on which the deceased employee would have attained the age of 65 years had he survived, or for seven years, whichever period is less, but in no case the amount of family pension shall exceed the pension sanctioned to the employee.

 

 

 

 

52] Part II                                       Manual of Bihar Universities Laws       

 

at the time of retirement. However, in cases where the amount of family pension admissible under this clause exceeds the pension sanctioned at the time of retirement, the amount of family pension, shall not be less than that amount. The pension sanctioned at the time of retirement shall be the pension inclusive of the part of the pension which the retired employee may have commuted before death. (The above clause applied to those who retire/retired from service on or after 1.1.73).

            25. All employees entitled to the benefit of family pension shall be required to furnish details of their family as defined in sub-para(II) of Rule 24 (A) above i.e. the date of birth of each member with his/her relationship with the employee. This statement shall be countersigned by the Registrar and posted in the service record of the employee. The employee will thereafter be required to keep the statement up-to-date. Additions and alteration in this statement will be made by the Registrar from time to time on receipt of information from the employee concerned.

            26. In cases where death occurs while in service the Registrar on receiving information of death of an employee while in service shall send a letter as prescribed in Form IX to the family of the deceased and ask for necessary documents mentioned therein. On receiving in documents the Registrar shall take necessary action to obtain sanction for the payment of pension to the eligible member of the family.

            27. The rates and maximum amounts of family pension as provided for in this Section shall be changed to the rates applicable to Govt. employees whenever the latter rates undergo any change.

GENERAL

            28. The amount of pension/gratuity payable to an employee and his/her beneficiaries shall be expressed in whole rupees and where the pension or gratuity contains a fraction of a rupee; it shall be rounded off to the next higher rupee.

            29. The rate of all types of pensions (superannuation, retiring, invalid, compensation, Family pension) will be subject to a minimum of Rs.40 p.m. and inclusive of ad-hoc increase where applicable (Rs. 60 from 1.4.80).

            30. In all matters, not specifically dealt within these Rules (both Appendix �A� and �B�) the rules and orders applicable to the employees of Government of Bihar, will apply mutatis mutandis to the employees of this University.

APPENDIX-�B�

                                    Contributory Provident Fund-cum-Gratuity Scheme

            1. The employees who opt for this scheme shall remain subject to the Contributory Provident Fund Rules as provided in the Statutes, Ordinance etc. of the University in force on the date these Statutes came into force.

            Provided that the employee�s contribution to the Provident Fund shall be a minimum of 10% of his pay and the employer�s contribution to the fund shall be 8% of his pay and the remaining 2% of pay with interest thereon, of employer�s contribution shall be deposited in the pension-cum-gratuity fund of the University.    

            2. An employee who has completed 5 years of qualifying service at the University shall be granted death-cum-retirement gratuity in accordance with the scale indicated in Para 3 below.

 

 

 

 

 

Statutes                                                  Part II [53

��

This gratuity shall be payable on his/her retirement from the service of the University. In the event of his/her demise this gratuity shall be payable to the nominee or nominees of the deceased in the manner prescribed (vide Annexure Forms V to VIII).

            If there is no such nomination or if the nomination made does not subsist the gratuity shall be paid in the manner indicated in rule 22A of Appendix A preceding.

            3. The amount of death-cum-retirement gratuity shall be 1/4th of the emoluments of an employee for each completed six monthly period of qualifying service subject to a maximum of Rs. 24,000/- or 15 months emoluments whichever is less for those who retired up to 31st December, 72 and Rs. 30,000/- or 16 and � months emoluments whichever is less for those who retire/retired on or after 1.1.73.

            4. If any employee who has become eligible for payment of University share of contribution of the Contributory Provident Fund under the rules of the University, dies within a period of five years after he retires from the service of the University and the sums actually received by him/her at the time of death on account of University share of contribution to the C.P. Fund together with the gratuity under the above rule is less than the amount equal to 12 times the emoluments, a gratuity equal to deficiency shall be granted to person or persons nominated by him.

            5. If a person in permanent employment dies before becoming eligible for the University�s share of the contribution to the C.P. Fund of the University�s, his/her family will be eligible for a gratuity equal to six times his/her emoluments at the time of his/her death except in cases in which death occurs in the first year of service when the gratuity admissible shall be equal to two months emoluments.

            6. Temporary Employee:-

            6.1 Terminal Gratuity.

            A temporary employee who retires on superannuation or is discharged on account of retrenchment or is declared invalid for a further service will be eligible for a gratuity at the ratio of one-third of a month�s pay for each completed year of service, provided that he has completed not less than five years of continuous service at the time of retirement, discharge or invalidment.

            6.2 Death Gratuity:

            The family of temporary employee who dies while in service will be eligible for a death gratuity on the scale and subject to the conditions specified below:-

(a)    On death after completion of one                                     A gratuity equal to one month�s pay.

year of service but before completion

of three years of service.

 

(b)   On death after completion of three                      A gratuity equal to two month�s pay.

 years of service but before completion

of five years of service.

(c)    On death after completion of five                        A gratuity equal to three month�s pay years of service or more.                                             amount of  terminal gratuity  

                                                                              mentioned in rule 6.1 above  

                                                                              whichever is more.

Note.-For the purpose of determining the amount of terminal or death gratuity under Rule 6.1 and 6.2 pay will mean only basic pay and also dearness

 

 

 

54] Part II                                       Manual of Bihar Universities Laws       

 

pay (if any) at the time of relinquishing service or of death as the case may be (or any such emoluments that may be declared as pay). It will not include special pay, personal pay, and any other emoluments as pay. In case the employee concerned was on leave without allowance immediately before retirement, discharge, invalidment or death, pay for this purpose will be pay which he would have drawn had he not proceeded on such leave.

            7. The rates and amounts of Gratuity as provided for in this Section shall be changed to the rates applicable to employees of the State Government whenever there is any change in these latter rates.

Schedule �A�

(See Rule 16 of Appendix �A�)

(i) Scale of pension

 

Completed six monthly periods of qualifying service.

Scale of pension

Up to December, 1972.

Maximum pension

(in Rs.) per annum

1

2

3

20

10/80th of average emoluments

2,700

21

10 � /80ths of average emoluments

2,835

22

11/80        ,,     ,,

2,970

23

11 � 80                ,,     ,,

3,105

24

12/80       ,,      ,,

3,240

25

12 � /80   ,,     ,,

3,375

26

13/80       ,,      ,,

3,510

27

13 � /80   ,,     ,,

3,645

28

14/80       ,,      ,,

3,780

29

14 � /80   ,,     ,,

3,915

30

15/80       ,,        ,,

4,050

31

15 � 80              ,,        ,,

4,185

32

16/80      ,,        ,,

4,320

33

16 � /80  ,,       ,,

4,455

34

17/80      ,,       ,,

4,590

35

17 � /80  ,,      ,,

4,725

36

18/80     ,,       ,,

4,860

37

18 � /80   ,,       ,,

4,995

38

19/80      ,,        ,,

5,130

39

19 � /80 ,,       ,,

5,265

40

20/80     ,,        ,,

5,400

41

20 � /80   ,,     ,,

5,535

42

21/80      ,,       ,,

5,670

43

21 � /80 ,,       ,,

5,805

44

22/80      ,,       ,,

5,940

45

22 � /80 ,,       ,,

6,075

46

23/80       ,,      ,,

6,210

47

23 � /80  ,,      ,,

6,345

48

24/80       ,,         ,,

6,480

49

24 � /80  ,,         ,,

6,615

50

25/80        ,,     ,,

6,750

 

 

Statutes                                                     Part II [55

 

51

25 � /80   ,,      ,,

6,885

52

26/80       ,,      ,,

7,020

53

26 � /80   ,,     ,,

7,155

54

27/80       ,,      ,,

7,290

55

27 � /80   ,,     ,,

7,425

56

28/80       ,,      ,,

7,560

57

28 � /80   ,,     ,,

7,695

58

29/80        ,,     ,,

7,830

59

29 � /80   ,,     ,,

7,965

60

30/80       ,,      ,,

8,100

 

 

Schedule �A� (ii)

(Vide Rule 16.2 Appendix �A�)

(II) Scale of pension in respect of University employees who retire from service on or after
1st January.1973.)

Completed six monthly periods of qualifying service.

Scale of pension

Maximum pension

(in rupees) per annum

1

2

3

20

10/80ths of average emoluments

3,750.00

21

10 � /80ths     ,,                    ,,

3,937.50

22

11/80ths          ,,                    ,,

4,125.00

23

11 � 80ths     ,,          ,,

4,312.50

24

12/80ths        ,,                     ,,

4,500.00

25

12 � /80ths   ,,        ,,

4,687.50

26

13/80ths        ,,        ,,

4,875.00

27

13 � /80ths   ,,        ,,

5,062.50

28

14/80ths       ,,         ,,

5,250.00

29

14 � /80ths  ,,         ,,

5,45.50

30

15/80ths       ,,          ,,

5,625.00

31

15 � 80           ths   ,,         ,,

5,812.50

32

16/80ths       ,,         ,,

6,000.00

33

16 � /80ths   ,,        ,,

6,187.50

34

17/80 ths       ,,        ,,

6,375.00

35

17 � /80 ths  ,,        ,,

6,562.50

36

18/80 ths       ,,       ,,

6,750.00

37

18 � /80 ths  ,,                 ,,

6,937.50

38

19/80 ths      ,,      ,,

7,125.00

39

19 � /80 ths ,,      ,,

7,312.50

40

28/80 ths      ,,      ,,

7,500.00

41

20 � /80 ths  ,,      ,,

7,687.50

42

21/80 ths       ,,      ,,

7,875.00

 

 

  56] Part II                                     Manual of Bihar Universities Laws

           

43

21 � /80ths   ,,      ,,

8,062.50

44

22/80 ths       ,,      ,,

8,250.00

45

22 � /80 ths  ,,      ,,

8,437.50

46

23/80 ths       ,,      ,,

8,625.00

47

23 � /80 ths   ,,                 ,,

8,812.50

48

24/80 ths       ,,      ,,

9,000.00

49

24 � /80 ths   ,,      ,,

9,187.50

50

25/80 ths        ,,                 ,,

9,375.00

51

25 � /80 ths   ,,      ,,

9,532.00

52

26/80 ths        ,,                 ,,

9,750.00

53

26 � /80 ths   ,,                 ,,

9,937.50

54

27/80 ths        ,,                 ,,

10,125.00

55

27 � /80 ths   ,,      ,,

10,312.50

56

28/80 ths       ,,      ,,

10,500.00

57

28 � /80 ths  ,,     ,,

10,687.50

58

29/80 ths       ,,    ,,

10,875.00

59

29 � /80 ths  ,,     ,,

11,062.50

60

30/80 ths      ,,    ,,

11,250.00

61

30 � /80 ths  ,,      ,,

11,437.50

62

31/80 ths       ,,    ,,

11,625.00

63

31 � /80 ths  ,,     ,,

11,812.50

64

32/80 ths       ,,    ,,

12,000.00

65

32 � /80 ths  ,,     ,,

12,000.00

66

33/80 ths      ,,    ,,

12,000.00

 

�SCHEDULE-A(iii)

(See Rule 16.2 Appendix �A�)

Scale of pension in respect of employees who retire on or after 31st March, 1979.

       The rate of pension will be determined as follows:

 

 

Rate of monthly pension.

 

 

1.      (i) Upto Rs. 1,000 of average                    50 percent of the average emoluments.

                        Emoluments.

(ii) Upto Rs. 500 of the subsequent                       45 percent of the average emoluments.

     average emoluments.

(iii) Balance of the average                                    40 percent of the average emoluments.

       emoluments.

2.      The maximum amount of pension shall not exceed Rs. 1500/- per month.

Note:-In the case of an employee who has completed less than 33 years of service, the amount of pension admissible to him will be the rate of pension worked out according to the above schedule multiplied by the number of years of service  rendered, divided by 33�.

 

 

Statutes                                                     Part II [57

 

COMMUTATION TABLE

Schedule �B�

Commutation value for a pension of Rupee on per annum.

 

Age next birthday.

Commutation value expressed as number of year�s purchase.

Age next birthday

Commutation value expressed as number of year�s purchase.

17

19.28

35

16.92

18

19.20

36

16.72

19

19.11

37

16.52

20

19.01

38

16.31

21

18.91

39

16.09

22

18.81

40

15.87

23

18.70

41

15.64

24

18.59

42

15.40

25

18.37

43

15.15

26

18.34

44

14.90

27

18.21

45

14.64

28

18.07

46

14.37

29

17.93

47

14.10

30

17.78

48

13.82

31

17.62

49

13.54

32

17.46

50

13.25

33

17.29

51

12.95

34

17.11

52

12.66

53

12.35

70

6.91

54

12.05

71

6.60

55

11.73

72

6.30

56

11.42

73

6.10

57

11.10

74

5.72

58

10.78

75

5.44

59

10.86

76

5.17

60

10.13

77

4.90

61

9.81

78

4.65

62

9.48

79

4.40

63

9.15

80

4.17

64

8.82

81

3.94

65

8.50

82

3.72

66

8.17

83

3.52

 

 

 

 58] Part II                                      Manual of Bihar Universities Laws

 

67

7.85

84

3.32

68

7.53

85

3.13

69

7.22

 

 

            

            Note.-This Table is based on interest of  5.50 percent and effected from the 1st July, 1971.

 

Schedule �C�

Scale of gratuity

(See Rule 14 of Appendix �A�)

 

 

Completed six monthly periods of qualifying service

Scale of gratuity

1

� months emoluments

2

                             1           ,,              ,,

3

                             1 �       ,,              ,,

4

                             2           ,,              ,,

5

                             2 �       ,,              ,,

6

                             3           ,,              ,,

7

                            3 �        ,,              ,,

8

                            4           ,,               ,,

9

                           4 3/8      ,,              ,,

10

                           4 3/4      ,,              ,,

11

                           5 1/8      ,,              ,,

12

                           5�         ,,              ,,

13

                          5 7/8       ,,             ,,

14

                          6 1/4       ,,             ,,

15

                          6 5/8       ,,            ,,

16

                           7            ,,            ,,

17

                          7 3/8       ,,            ,,

18

                           7 �         ,,           ,,

19

                           8 1/8       ,,            ,,

 

ANNEXURE

FORM I

From of Nomination

(See Rule 1.3 of App. �A�)

 

When the subscriber has a family and wishes to nominate

one member thereof.

            I hereby nominate the person mentioned below, who is a member of my family as defined in Article 2(d) of this University Retirement Benefit Statutes ��. To receive the amount that may stand to my credit in the Fund, in the event of my death before that amount has become payable, or having become payable, has not been paid:-

___________________________________________________________________________________

1. Subs. by F.D. Memo No. 6577 dated 1.7.1971.

 

 

 

Statutes                                                     Part II [59

Name and address of the nominee

Relationship with subscriber

Age

Contingencies on the happening of which nomination shall be come invalid.

Name, address & relationship, if any to whom the right of the nominee shall pass in the event of the nominee predeceasing the subscriber.

�Amount of share of accumulation payable to each.�

1

2

3

4

5

6

            Dated this������. Day of ������.. 19 �����. ��� at �������.

                                                                                                                (Signature of the subscriber)

            (Two witnesses to signature)

1������ Designation..

2������ Department�

Counter Signature of Registrar/Principal

FORM II

Form of Nomination

(See Rule 1.3 of App. �A�)

When the subscriber has a family and wishes to nominate more than

one member thereof.

            I hereby nominate the persons mentioned below, who are members of my family as defined in Article 14.2(d) of this University Retirement Benefit Statutes, to receive the amount that may stand to my credit in the Fund, in the event of my death before that amount has become payable, or having become payable has not been paid, and direct that the amount shall be distributed among the said persons in the manner shown below against their names:-

Name & Address of the Nominee.

Relationship with subscriber

Age

*Amount or shae of accumulation to be paid to each

Contingencies on the happening of which the nomination shall become invalid.

Name, address and relationship of the person or persons if any, whom the right of the nominee shall pass in the event of the nominee�s predeceasing the subscriber.

�Amount of share of accumulation to be paid to each.�

1

2

3

4

5

6

7

Dated this������. Day of ������.. 19 �����. ��� at �������.

(Two witnesses to signature)

                                                                                                                (Signature of the subscriber)

1������. Designation������.

2������ Department������..

(Countersignature of Registrar/Principal)

FORM III

Form of Nomination

(See Rule 1.3 of App. �A�)

When the subscriber has no family and wishes to nominate one person.

I having no family as defined in Article 2(d) of this University Retirement 

 

60] Part Il                                Manual of  Bihar Universities Laws

Benefits Statutes......hereby nominate the person mentioned below, to receive the amount that may stand to my credit in the event of my death before that amount has become payable, or having become payable, has not been paid:-

Name and address of the nominee.

Relation ship with subscriber.

Age

Contingencies on the happening of which nomination shall become invalid

Name, address & relation ship, if any, to whome the right of the nominee shall pass in the event of the nomine predeceasing the subscriber

�Amount of share of accumulation payable to each�

1

2

3

4

5

6

Dated this......................day of ��������19�����.at����..

(Two witnesses to Signature).....

(Signature of the subscriber)

1.................Designation........

2............ ..Department...............

Countersignature of Registrar/Principal

FORM IV

Form of Nomination

(See Rule 1.3 of Appendix A)

When the subscriber has no family and wishes to nominate more than one person. l, having no family as defined in Article 2(d) of this University Retirement Benefit Statutes, hereby nominate the persons mentioned below to receive the amount that may stand to my credit in the event of my death before that amount has become payable, or having become payable, has not been paid:

Name and address of the nominess.

Relation ship with subscriber.

Age

Amount of share payable to each. This column should be filled in so as to cover the whole amount that stands to credit of the subscriber to the Fund at any time.

Contingencies on the happening of which the nomination shall be come invalid. The Subscriber shall specify in this column that the nomination shall be come invalid in the event of his subsequently acquiring a family

Name, address and relationship of the person or persons if any, to whom the right conferred on the nominee shall pass in the event of the nominee predeceasing the subscriber

1

2

3

4

5

6

Dated this......................day of ��������19�����.at����..

Two witnesses to Signature                             (Signature of the subscriber)

    Designation........

    Department...............

Countersignature of the Registrar/Principal

Date����������������.

______________________________________________

�Note:�Where a subscriber who has no family makes a nomination, he shall specify in this column  that the nomination shall become invalid in the event of his subsequently acquiring of family.

*Note.�This column should be filled in so as to cover the whole amount that may stand to the credit of the subscriber to the Fund at any time.

                                                               Statutes                                            Part II (61

FORM V

Form of Nomination

(See Rule 19 of App. 'A' and Rule 2 of App. 'B')

Nomination for Death-Cum-Retirem Gratuity when the employee has a family

and wishes to nominate one member thereof.

I hereby nominate the person mentioned below, who is a member of my family as defined in Rule 22A 2 of Appendix 'A', and confer on him the right to receive any gratuity that may be sanctioned by the University in the event of my death while in service and the right to receive on my death any gratuity having become admissible to me on retirement may remain unpaid at my death:

Name and address of the nominee.

Relation ship with the employee.

Age

Contingencies on the happening of which nomination shall become invalid

Name, address & relationship of the person or persons, if any to whom the right conferred on nominee shall pass in the event of the nominee predeceasing the employee or the nominee dying after the death of the employee but before receiving payment of the gratuity.

�Amount of share of gratuity payable to each.

1

2

3

4

5

6

 

This nomination supersedes the nomination made by me earlier on.. which stands cancelled.

Dated this.......day of ....... .. ...19 at .......(Two witnesses to signature)

1���������

2���������

                                     (Signature of the employee)

Note.�The last column should be filled in so as to cover the whole amount of the gratuity.

Nomination by...........

Designation...............

Department.........                                        Signature of Registrar.

Date����

FORM VI

Form of Nomination

(See Rule 19 of App. 'A' and Rule 2 of App. 'B')

Nomination For Death cum retirement

When an employee has family and wishes to nominate more than one member thereof.

I hereby nominate the persons mentioned below, who are members of my

 

 

 

 

62] Part Il                               Manual of Bihar Universities Laws

 

family as defined in Rule 22A-2 of Appendix 'A', and confer on them the right to receive, to the extent specified below, any gratuity that may be sanctioned by the University in the event of my death, while in service and the right to receive on my death, to the extent specified below, any gratuity which having become admissible to me on retirement may remain unpaid at my death:-

Name and address of the nominee.

Relation ship with the employee.

Age

Amount or share of gratuity payable  to each

 

Contingencies on the happening of which nomination shall become invalid

Name, address & relationship of the person or persons, if any to whom the right conferred on nominee shall pass in the event of the nominee predeceasing the employee or the nominee dying after the death of the employee but before receiving payment of the gratuity.

Amount of share of gratuity payable to each.

1

2

3

4

5

6

7

This nomination supersedes the nomination made by me earlier cn�. ��..  which stands cancelled.

N.B.:�The employee shall draw lines across the blank space below the last entry to prevent the insertion of any name after he has signed.

Dated this...............day of.... .. ����.19............at.......

Two witnesses to signature                                    Signature of Employee

1���.

2............

Note.1�Fourth column should be filled in so as to cover the amount of gratuity.

2. The amount/share of gratuity shown in last column should be the whole amount/ share payable to the original nominees.

Nomination by ������.. Designation................

Department ......................... Date..............

Signature of the employee

 

FORM VII

Form of Nomination

(See Rule 9 of App. 'A' and Rule 2 of App. 'B')

Nomination for Death cum Retirement Gratuity

 

When the employee has no family and wishes to nominate one person.

I, having no family, as defined in Article 22A-2 of Appendix "A" hereby nominate the person mentioned below and Article 22A-2 of Appndix "A" hereby nominate the person mentioned below and confer on him the right to receive any gratuity that may be sanctioned by the University.....in the event of my death while in

 

 

Statutes                                                       Part II  [63

service and the right to receive on death any gratuity which having become admissible to me on retirement remains unpaid at my death:�

Name & address of the nominee.

Relationship with the employee.

Age

Contingencies on the happening of which nomination shall become in valid

Name, address & relation ship of the person or persons, if any to whom the right conferred on the nominee shall pass in the event of the nominee predeceasing the employee or the nominee dying after the death of the employee but before receiving payment of the gratuity.

�Amount of share of gratuity payable to each.

1

2

3

4

5

6

          This nomination supersedes the nomination made by me earlier on�����.. which stands cancelled.

Dated  this�����..day of����....1 9. . . . . . . ... . .. .at.... . . . . ..

(Two witnesses to signature)                                     (Signature of employee)

1���������.

2���������.

Nomination by�..........

Designation ���..                                                Signature of Registrar

Department.........

Dated...... .

FORM VIII

Form of Nomination

(See Rule 19 of App. 'A' and Rule 2 of App. 'B')

Nomination for Death-cum-Retirement Gratuity

Where the employee has no family as defined in Rule 22A-2 of the Appendix 'A' and wishes to nominate more than one person.

l, having no family, nominate the persons mentioned below and confer on them the right to receive to the extent specified below, any gratuity that may be sanctioned by the University in the event of my death while in service and the right to receive on my death, to the extent specified below any gratuity which having become admissible to me on retirement may remain unpaid at my death:-

Name and address of the nominee.

Relation ship with the employee.

Age

Amount or share of gratuity payable  to each

 

Contingencies on the happening of which  the nomination shall become invalid

Name, address & relationship of the person or persons, if any to whom the right conferred on nominee shall pass in the event of the nominee predeceaseing the employee or the nominee dying after the death of the employee but before receiving payment of the gratuity.

Amount or share of gratuity payable to each.

1

2

3

4

5

6

7

 

This nomination supersedes the nomination made by me earlier on ........        which stands cancelled.

 



64] Part II                               Manual of Bihar Universities Laws

 

          N.B.-The employee should draw lines across blank space below the last enrty to prevent the insertion of any name after he has signed.

          Dated this�����.day of�����..19����

          (Two witnesses to signature)����

          1����..                                                                (Signature of the employee)

          2����..                                                                Date�����..���..

          Note.-1. This column should be filled in so as to cover the whole amount of gratuity.

          2. The amount/share of gratuity shown in last column should cover the whole amount of share payable to the original nominees.

          Nomination by��

          Designation��..                                                  Signature of Registrar

          Department�..                                                     Date�������

FORM  IX

Form of Family Pension

(See Rule 25 of App. �A�)

Sub:�Payment of family pension in respect of the late Shri/Smt�� The undersigned has learnt with regret the death of Shri/Smt���..(Designation)

 of this University and am directed to inform you that under rule��.. of Appendix 'A' to this University Retirement Benefit Statutes you are entitled to Family  Pension  till re -marriage/till attaining the age of majority.

I am accordingly to suggest that formal claim for the grant of family pension may be submitted by you in the enclosed form alongwith the following documents:-

(If a pardanasheen lady, specimen signatures and personal marks in duplicate may be furnished on back of the Photograph).

1.     Death certicicate

2.Two copies of the passport size photograph duly attested by a gazetted officer.

3. Guardianship certificate where pension is admissible to the minor children. (Designation)

To

����������..

����������..

SCHEDULE 'D'

SCALE OF INJURY GRATUITY AND PENSION

See Rule 16A of Appendix 'A"

Pay of employee on the date of injury

Gratuity

Monthly pension higher scale

Monthly pension lower scale

1. Rs. 2,000/- and over

3 months� pay subject to a minimum of  Rs.-800/-

300

225

2. Rs. 1,500/- and over but under Rs. 2,000/-

275

200

3. Rs. 1,000/- and over but under Rs. 1,500/-

Ditto

200

150

4. Rs. 900/- and over but under Rs. 1,000/-

Ditto

150

125

5. Rs. 400/- and over but under Rs. 900/-

Ditto

100

84

6. Rs. 350/- and over but under Rs. 400/-

Ditto

85

70

7. Rs. 200/- and over but under Rs. 350/-

Ditto

67

50

 

 

Statutes                                            Part II  [65

3. Under Rs. 200/-

4 month�s pay

1/3rd of pay subject to a minimum of Rs. 8/- per mensem.

1/5th of pay subject to a minimum of Rs. 4/- per mensem.

SCHEDULE �E�

Rates of family pension to the families of employees who die as a result of �risk of office� or �special risk of office�, payable under the wound and extraordinary Pension Rules.

(See Rule 16 A of Appendix �A�)

A-Widow

Pay of employee on the date of injury

Gratuity

Monthly Pension

(i) Rs. 800/- and above

 

 

(ii) Rs. 200/- and above but     below Rs. 800/-

 

 

      Below Rs. 200/-

 

 

(ii) Pension to mother-less   children

 

Rs. 800/- and above

Rs. 250/- and above

but below Rs. 800/-

Below Rs. 250/-

3 month�s pay

 

 

3 month�s pay Subject to a minimum of Rs. 800/-

 

 

4 month�s  pay

 

         B-Children

 

If the Child is mother-less.

 

Rs. 60/-

 

 

Rs. 37.50

15 percent of  pay

20 percent of pay subject to a maximum of Rs. 275/- per month.

 

25 percent of pay Subject to a maximum of Rs. 150/- per month and a mimimum of Rs. 75/-

 

45 percent of pay subject to a maximum of Rs. 40/- per month.

 

Monthly pension of each child

If the child is not mother less.

 

Rs. 25/-

 

Rs. 13/-

5 percent of pay subject to a minimum of Rs. 3/-

 

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