Rule 45 - Residuary Gratuity

Rule 45; and -rule (3) of rule 45; Rules, 1978, and includes such other authority or person whom the President may, by order, specify as Head of a Department;

(q) rule 14 of the Delegation of Financial Powers Rules, 1978, and includes such other authority or person whom the competent authority may, by order, specify as Head of Office;

the force of law, comes under the control of the Government and over whose expenditure the Government retains complete and direct control; person who has not completed the age of eighteen years;

124 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II SEC. 3(i)] include dearness relief;

(i) Banks selected in consultation with the Reserve Bank of India (RBI) for payment of pension to Central Government civil pensioners, as specified by Controller General of Accounts; or

(ii) Post Office; or

(iii) Treasury including sub-treasury; or

(iv) Accounts Officer; -Pension Payment Order; purpose of pensions and gratuities admissible under these rules;

(x) retirement gratuity, where admissible;

-Treasury. (2) Words and expressions used herein and not defined but defined in the Fundamental Rules, 1922 have the meanings respectively assigned to them in those rules. 4. Government servants transferred from services and posts to which these rules do not apply.- (1) A Government servant who is transferred permanently to a service or post to which these rules apply from a service or post to which these rules do not apply shall become subject to these rules:

Provided that it shall be open to him, within six months of the date of issue of the order of his permanent transfer or, if he is on leave on that day, then, within six months of his return from leave, whichever is later, to elect to be governed by the pension rules to which he was subject immediately before the date of his transfer. (2) The option under the proviso to sub-rule (1) shall be exercised in writing and communicated to the authority making such order of transfer. (3) The option, once exercised, shall be final. CHAPTER II General Conditions 5. Claims to pension or family pension.- (1) Any claim to pension or family pension shall be regulated by the provisions of these rules in force at the time when a Government servant retires or is retired or is discharged or is allowed to resign from service or dies, as the case may be. (2) The day on which a Government servant retires or is retired or is discharged or is allowed to resign from service, as the case may be, shall be treated as his last completed working day and the date of death shall also be treated as a completed working day:

Provided that in a case where the Government servant immediately before his retirement or death was absent from duty on leave or otherwise or was under suspension, the day of retirement or death shall be part of such leave or absence or suspension. 6. Limitations on number of pensions.- (1) A Government servant shall not earn two pensions in the same service or post at the same time or by the same continuous service. (2) Except as provided in rule 19 or rule 20, a Government servant who, having retired on a superannuation pension or retiring pension or compulsory retirement pension or who is in receipt of a compassionate allowance on having been dismissed or removed from service, is subsequently re-employed, shall not be entitled to a separate pension or gratuity for the period of his re-employment:

Provided that a Government servant who was previously appointed in an autonomous body or a public sector undertaking and was subsequently appointed, with proper permission of that body or undertaking, in the Government service on or before 31st December, 2003, will be eligible for pension and gratuity for the service rendered in the Government in addition to the pension and gratuity, if any, received by him from the autonomous body or the public sector undertaking for the service rendered in that body or undertaking: Provided further that the total amount of gratuity in respect of the service rendered in the autonomous body or the public sector undertaking and the service rendered under the Government shall not exceed the amount that would have been admissible taking into account the entire service rendered by the Government servant in the autonomous body or the public sector undertaking and the Government and the emoluments on retirement from Government.

[ II 3(i)] 125

Explanation.-1 A Government servant shall be deemed to have been appointed in the Government with proper permission if he had applied for the service or post in the Government with previous permission of the autonomous body or the public sector undertaking and the order of the autonomous body or the public sector undertaking clearly indicates that the employee is resigning to join the post in the Government with proper permission of the autonomous body or the public sector undertaking, as the case may be.

Explanation.-2 Pension, if any, on account of service rendered in an autonomous body or a public sector undertaking shall be paid by the concerned autonomous body or the public sector undertaking itself and there shall be no liability on the part of the Government towards pension for the service rendered by the Government servant in the said autonomous body or the public sector undertaking before joining service under the Government. 7. Pension and family pension subject to future good conduct.- (1)

(a) Future good conduct shall be an implied condition of every grant of pension and its continuance under these rules.

(b) the Appointing Authority may, by order in writing, withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct:

Provided that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount of minimum pension under rule 44. (2) Where a pensioner is convicted of a serious crime by a Court of Law, action under sub-rule (1) shall be taken in the light of the judgment of the court relating to such conviction. (3) In a case not falling under sub-rule (2), if the authority referred to in sub-rule (1) considers that the pensioner is prima facie guilty of grave misconduct, he shall before passing an order under sub-rule (1),-

(a) serve upon the pensioner a notice specifying the action proposed to be taken against him and the ground on which it is proposed to be taken and calling upon him to submit, within fifteen days of the receipt of the notice or such further time not exceeding fifteen days, as may be allowed by the said authority, such representation, as he may wish to make against the proposal; and

(b) take into consideration the representation, if any, submitted by the pensioner under Clause (a). (4)

(a) Without prejudice to the provisions of sub-rule (3), no Government servant who having worked in an Intelligence or Security-related organisation included in the Second Schedule to the Right to Information Act, 2005 (22 of 2005), shall, without prior clearance from the Head of the Organisation, make any publication after retirement of any material relating to and including,-

(i) domain of the organisation, including any reference or information about any personnel and his designation, and expertise or knowledge gained by virtue of working in that organisation; and

(ii) sensitive information, the disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State or relation with a foreign State, or which would lead to incitement of an offence.

(b) The Government servants who have worked in any Intelligence or Security-related organisation included in the Second Schedule to the Right to Information Act, 2005 (22 of 2005), shall give an undertaking in regard to the above restriction in Format1 and any failure to observe such an undertaking on the part of retired Government servants shall be treated as grave misconduct under this rule.

(c) In the case of a Government servant transferred out of an organisation referred to in clause

(b) on completion of deputation or otherwise, the required undertaking, in duplicate, shall be obtained from the Government servant at the time of transfer and one copy of the undertaking shall be kept in the service book of the Government servant and an entry to this effect shall be made in the service book and the other copy of the undertaking shall be kept in the aforesaid organisation for record. (5) The Head of the Organisation shall vest with the authority to decide as to whether the proposed material for publication is sensitive or non-sensitive, and whether it falls in the domain of the organisation. (6) Where the authority competent to pass an order under sub-rule (1) is the President, the Union Public Service Commission shall be consulted before any order is passed. (7) An appeal against an order under sub-rule (1), passed by any authority other than President, shall lie to the President and the President shall, in consultation with the Union Public Service Commission, pass such orders on the appeal as he deems fit.

Explanation.- For the purpose of this rule,-

(a)

(b) the expression `serious crime' includes a crime involving an offence under the Official Secrets Act, 1923 (19 of 1923).

126 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II SEC. 3(i)]

(c) password or any sketch, plan, model, article, note, document or information, such as is mentioned in section 5 of the Official Secrets Act, 1923 (19 of 1923) (which was obtained while holding office under the Government) so as to prejudicially affect the interests of the general public or the security of the State. or publish or publication of any book, letter, pamphlet, poster or other document, in any form.

(e) - mails, opinion, advice, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models and data material in any electronic form held or accessed by the Government servant while in service. 8. Power to withhold or withdraw pension .- (1) The President reserves to himself the right of withholding a pension or gratuity, or both, either in full or in part, or withdrawing a pension in full or in part, whether permanently or for a specified period, and of ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Government, if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of service, including service rendered upon re-employment after retirement :

Provided that the Union Public Service Commission shall be consulted before any final orders are passed: Provided further that where a part of pension is withheld or withdrawn the amount of such pension shall not be reduced below the amount of minimum pension under rule 44. (2)

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

Provided that in all cases where the departmental proceedings are instituted by an authority subordinate to the President, that authority shall submit a report recording its findings to the President and the President shall take the final decision in the matter in accordance with sub-rule (1).

(b) Notwithstanding anything mentioned in sub-rule (1) and clause (a), departmental proceedings instituted under rule 16 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, while the Government servant was in service and continued after retirement, shall have no effect on the pension and gratuity of the pensioner.

(c) The departmental proceedings, if not instituted while the Government servant was in service, whether before his retirement, or during his re-employment, -

(i) shall not be instituted save with the sanction of the President in Format 2;

(ii) shall not be in respect of any event which took place more than four years before such institution; and

(iii) shall be conducted by such authority and in such place as the President may direct and in accordance with the procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the Government servant during his service:

Provided that for the purpose of instituting departmental proceedings under this sub-rule, a memorandum of charges shall be communicated to the pensioner concerned in Format 3.

(d) Where a full-fledged enquiry is conducted giving an opportunity to the pensioner to show cause during the proceedings in accordance with the Central Civil Services (Classification, Control and Appeal) Rules, 1965, any further opportunity to show cause would not be necessary before taking action under sub-rule (1). (3) In the case of Government servant who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings instituted under rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 are continued under subrule (2), a provisional pension as provided in sub-rule (4) shall be sanctioned. (4)

(a) In respect of a Government servant referred to in sub-rule (3), the Accounts Officer shall authorise the provisional pension equal to the maximum pension which would have been admissible on the basis of qualifying service up to the date of retirement of the Government servant, or if he was under suspension on the date of retirement, up to the date immediately preceding the date on which he was placed under suspension.

(b) The provisional pension shall be authorised by the Accounts Officer during the period commencing from the date following the date of retirement up to and including the date on which, after the conclusion of departmental or judicial proceedings, final orders are passed by the competent authority.

(c) No gratuity shall be paid to the Government servant until the conclusion of the departmental or judicial proceedings and issue of final orders thereon.

[ II 3(i)] 127

(d) The provisions of this sub-rule shall not be applicable where allegations of misconduct are under investigation against a Government servant or where departmental or judicial proceedings are contemplated against a Government servant but have not actually been instituted or deemed to have been instituted in accordance with subrule (9) till the date of retirement of the Government servant. The pension and gratuity in such cases shall be authorised to be paid to the Government servant on his retirement in accordance

What This Means

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

• 1Applies when a retired government servant dies within 5 years of retirement.
• 2Ensures the family receives at least 12 times the last drawn emoluments.
• 3Considers all payments received by the employee: pension, gratuities, and commuted pension.
• 4The 'residuary gratuity' covers the difference between the total received and 12 times the emoluments.
• 5Applies even in cases of compulsory retirement as a penalty.

Practical Example

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Cross References

Frequently Asked Questions

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.