Railway Pension Rules Chapter-I Preliminary

Pension Rule No.1: Short Title And Commencement

In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules further to amend the Railway Services (Pension) Rules, 1993, namely:-

CHAPTER-I: PRELIMINARY

(1)      These rules may be called the Railway Services (Pension) Amendment Rules, 2016.

(2)      They shall be deemed to have come into force on the 17th day of September, 2015.

[Authority: RBE No.146/2016, No. E(G)2016/FR1-6, 02.12.2016, Gazette Of India S.O.713(E), 17.09.2015, RBE No.70/2016, No.2015/F(E)III/1(1)/4, 17.06.2016]

Pension Rules No.2: Application

Save as otherwise expressly provided in these rules, these rules shall apply to the following railway servants, namely:-

(1)      Any Group ‘D’ railway servant whose service was pensionable before the introduction of Pension System for Railway Servants on the 16th day of November, 1957;

(2)      Any non-pensionable railway servants who was in service on the 16th day of November, 1957 and who elected to be governed by these rules,

(3)      Any non-pensionable railway servant who was in service on the 1st day of January, 1986 and did not opt to be governed by the State Railway Provident Fund (Contributory) Rules; and

(4)      Any person entering a railway service on or after the 16th November, 1957, except a person who is appointed on contract or re-employed after superannuation or whose terms of appointment specifically provide to the contrary.

Provided that nothing contained in these rules shall apply to railway servants appointed on or after the 1st day of January, 2004.

[Authority: RBE No.222/2003, No.F(E)III/2003/PN1/38(Amendment)I, 30.12.2003]

Pension Rule No.3: Definition

In these rules unless the context otherwise requires,

(1)      Accounts Officer means a Financial Adviser and Chief Accounts Officer of a railway or such other Officers as may be appointed in this behalf by the Railway Board;

(2)      Allottee means a railway servant to whom railway or Government accommodation has been allotted on payment of license fee or otherwise;

(3)      Average emoluments mean average emoluments as determined in accordance with rule 50;

(4)      Code means the Indian Railway Establishment Code, as amended from time to time;

(5)      Child means son or unmarried daughter of a railway servant under twenty-five years of age and the expression ‘Children’ shall be construed accordingly;

(6)      Dearness Relief means a dearness relief within the meaning of rule 75;

(7)      Defence Services means services under the Government of India in the Ministry of Defence and the Defence Accounts Department under the control of the Ministry of Finance Paid out of the Defence Services Estimates and not permanently subject to the Air Force Act, 1950 (45 of 1950) or the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957);

(8)      Emoluments mean emoluments as defined in rule 49;

(9)      Family pension means family pension 1964 admissible under rule 75;

(10)    Foreign Service means service in which a railway servant receives his pay with the sanction of the Government from any source other than the Consolidated Fund of India or the Consolidated Fund of a State or the Consolidated Fund of a Union territory;

(11)    Form means a Form appended to these rules;

(12)    Government means the Central Government;

(13)    Government dues or railway dues means dues referred to in sub-rule (3) of the 15;

(14)    Gratuity includes –

(1)      Service gratuity payable under sub-rule (1) of rule 69;

(2)      Retirement gratuity or death gratuity payable under sub-rule (1) of rule70 and

(3)      Residuary gratuity payable under sub-rule (2) of rule 70;

(15)    Head of a department means any authority whom the President may, by order, declare to be the Head of a department for the purpose of these rules;

(16)    Head of Office means a Gazetted Officer whom the appointing authority may, by order declare as Head of office and includes such other authority or person whom the appointing authority may specify in the like manner;

(17)    Local Fund Administered by Government means the fund administered by a body which, by law or rule having the force of law, comes under the control of the Government and over whose expenditure the Government retains complete and direct control;

(18)    Minor means a person who has not completed the age of eighteen years:

(19)    Pension includes gratuity except when the term pension is used in contra distinction to gratuity but does not include dearness relief.

(20)    Pension Disbursing Authority means-

(i)       Branch of a nationalized bank; or

(ii)      Treasury including sub-treasury or

(iii)     Post office or sub post office authorized to disburse pension on behalf of Railways or

(iv)     Accounts Office

(21)    Pension sanctioning authority means the authority competent to sanction pension under these rules;

(22)    Qualifying Service means service rendered while on duty or otherwise which shall be taken into account for the purpose of pensions and gratuities admissible under these rules;

(23)    Railway Servant means a person who is a member of a railway service or holds a post under the administrative control of the Railway Board and includes a person who is holding the post of Chairman, Financial Commissioner or a Member of the Railway Board but does not include casual labour or Person lent from a service or post which is not under the administrative control of the Railway Board to a service or post which is under such administrative control;

(24)    Retirement Benefits includes pension or service gratuity and retirement gratuity where admissible;

(25)    Service Book includes service roll, if any;

(26)    Substitutes means a person engaged against a regular, permanent or temporary post by reason of absence on leave or otherwise of a permanent or temporary railway servant and such substitute shall not be deemed to be a Railway servant unless he is absorbed in the regular Railway Service;

(27)    Treasury included a sub-treasury.

Pension Rule No.4: Meaning Of Word And Expressions Not Defined In These Rules

Words and expressions used herein and not defined but defined in the Code shall have meaning respectively assigned to them in that Code.

Pension Rule No.5: Government Servants Transferred From Services And Posts To Which These Rules Do Not Apply

(1)      A Government servant whose service is pensionable under the Central Government shall become subject to these rules if he is permanently transferred to a railway service on or after first day of April, 1957.

(2)      Where sub-rule (1) applies, any amount paid by such Government servant to the General Provident Fund or any other non-contributory Provident Fund while in previous employment, along with the interest thereon standing to his credit shall be transferred to his new account in the State Railway Provident Fund (non-contributory).

(3)      The previous service rendered by such Government servant shall be taken into account for the purpose of these rules to the extent permissible under these rules.

NOTE:-

A temporary Government servant who has been or is likely to be retrenched from Civil Department and succeeds in securing employment in railway service while on terminal leave or before their services are actually terminated, shall also be treated as having been transferred.

[Introduced by Ministry of Railways (Railway Board), Notification No. 93/CR/Pension Rules, dated, the 2nd December, 1993 and Published S.O.930(E) in Part II, Section 3, Sub-section (ii) of the Gazette of India, dated the 3rd December, 1993].