Amendment of Rule 16(1) of AIS (Death-Cum- Retirement-Benefits) Rules, 2018

Amendment of Rule 16(1) of AIS (Death-Cum- Retirement-Benefits) Rules, 2018

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

NOTIFICATION

New Delhi, the 16th May, 2018

G.S.R.457(E). - In exercise of the powers conferred by sub-section (1) read with sub-section (1A) of section 3 of the All India Services Act, 1951 (61 of 1951), the Central Government, after consultation with the Government of Jammu and Kashmir, hereby makes the following rules, further to amend the All India Services (Death-Cum-Retirement-Benefits) Rules, 1958, namely :-

1 (1) These rules may be called the All India Services (Death-Cum-Retirement-Benefits) Amendment Rules, 2018.
(2) They shall be deemed to have come into force from the date of their publication in the Official Gazette.

2. In the All India Services (Death-Cum-Retirement- Benefits) Rules, 1958 in rule 16, after the third proviso under sub-rule 1, the following proviso shall be inserted, namely :-

"provided also that a Member of the Service holding the post of Chief Secretary to the Government of Jammu & Kashmir may be given extension of service, under exceptional circumstances, for a period beyond six months but the total term as Chief Secretary not exceeding three years and up to the age of sixty-two years, whichever is earlier, on the recommendations made by the State Government of Jammu & Kashmir, with full justification and in public interest, with the prior approval of the Central Government".

[F.No. 24012/04/2018-AIS-II]

KAVITHA V.PADMANABHAN, Dy. Secy

Note : The principal rules were published in the Gazette of India, vide No. G.S.R. 728 (Extraordinary) Part II, Section 3, Sub- section (i) dated the 18th August, 1958 and subsequently amended by the following notifications:-

Sl. No.	GSR No.	Date
1.	526	04th September, 1964
2.	527	03rd April, 1965
3.	528	03rd April, 1965
4.	529	03rd April, 1965
5.	572	17th April, 1965
6.	215	12th February, 1965
7.	1915	17th February, 1966
8.	590	03rd March, 1968
9.	687	06th July, 1974
10.	755	02nd July, 1974
11.	946	07th September, 1974
12.	27(E)	24th January, 1975
13.	724	14th June, 1975
14.	2264	23rd August, 1975
15.	2635	08th November, 1975
16.	2030	20th December, 1975
17.	128	31st January, 1976
18.	196	14th February, 1976
19.	316	06th March, 1976
20.	504	10th April, 1976
21.	758	05th June, 1976
22.	757	05th June, 1976
23.	1182	14th August, 1976
24.	1765	25th December, 1976
25.	579	07th May, 1977
26.	830	02nd July, 1977
27.	831	02nd July, 1977
28.	1598(E)	6th November, 1977
29.	1700(E)	24th December, 1977
30.	252(E)	18th February, 1978
31.	253(E)	18th February, 1978
32.	460(E)	08th April, 1978
33.	922(E)	22nd July, 1978
34.	924(E)	22nd July, 1978
35.	214(E)	02nd January, 1979
36.	161(E)	03rd February, 1979
37.	373(E)	03rd February, 1979
38.	1151(E)	15th September, 1979
39.	1291(E)	22nd October, 1979
40.	512(E)	10th May, 1980
41	545(E)	17th May, 1980
42	546(E)	17th May, 1980
43	978(E)	27th September, 1980
44	248(E)	07th March, 1981
45	276(E)	14th March, 1981
46	705(E)	01st August, 1981
47	293(E)	09th January, 1983
48	557(E)	03rd July, 1983
49	712(E)	Olst October, 1983
50	33(E)	21st January, 1984
51	559(E)	15th June, 1985
52	813(E)	31st August, 1985
53	275(E)	22nd May, 1987
54	343(E)	03rd April, 1988
55	271(E)	06th July, 1988
56	567(E)	16th July, 1988
57	91(E)	25th February, 1989
58	420(E)	21st February, 1990
59	101(E)	16th February, 1991
60	2890(E)	23rd November, 1991
61	308(E)	19th June, 1993
62	717(E)	19th December, 1997
63	718(E)	19th December, 1997
64	249(E)	13th May, 1998
65	252(E)	18th May, 1998
66	259(E)	22nd May, 1998
67	548(E)	31st August, 1998
68	719(E)	07th December, 1998
69	35(E)	14th January, 1999
70	702(E)	01st September, 2000
71	355(E)	14th May, 2001
72	524(E)	11th July, 2001
73	49(E)	18th January, 2002
74	779(E)	12th November, 2002
75	385(E)	07th May, 2003
76	105(E)	06th February, 2004
77	820(E)	20th December, 2004
78	617(E)	30th September, 2005
79	699(E)	30th November, 2005
80	727(E)	20th December, 2005
81	360(E)	12th June, 2006
82	20(E)	12th January, 2007
83	58(E)	31st January, 2007
84	184(E)	09th March, 2007
85	585(E)	28th July, 2011
86	612(E)	09th August, 2011
87	492(E)	12th July, 2013
88	175(E)	05th March, 2014
89	170(E)	27th February, 2017

Compulsory Retirement

Compulsory Retirement

One IAS officer Shri M.N. Vijaykumar, IAS (KN:81) has been imposed the penalty of compulsory retirement vide order dated 27.04.15.The penalty of Compulsory Retirement was imposed on Shri M.N. Vijaykumar, IAS (KN:81) on completion of departmental proceeding against the officer as per provisions of AIS (D&A) Rule, 1969.

Further, this department in exercise of the powers conferred under sub-rule 3 of Rule 16 of the All India Services (Death-Cum-Retirement benefits) Rules 1958, has prematurely retired, in public interest, one IAS officer namely Shri K. Narasimha (AGMUT : 1991).

With regard to IPS, the Ministry of Home Affairs has informed that penalty of compulsory retirement has not been imposed on any IPS Officer in last one year. However, the Ministry of Home Affairs, in exercise of the powers conferred under sub-rule 3 of Rule 16 of the All India Services (Death-Cum-Retirement benefits) Rules, 1958, in public interest has prematurely retired two IPS officers, namely, Shri Mayank Sheel Chohan, IPS (AGMUT:1998) and Shri Raj Kumar Dewangan, IPS (CH:1992) vide order dated 05.01.2017.
This was stated by the Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister's Office, Dr. Jitendra Singh in a written reply to question by Shri Kirti Vardhan Singh in the Lok Sabha today.

PIB

Counting of past service fix admissibility in old pension scheme, new pension scheme, pay protection and leave accumulation to All India Services officers

Consequent upon implementation of NPS from 01.01.2004 DoPT has issued an OM to fix admissibility and counting of Past Service under OPS and NPS.

No.25011/6/2014-AIS(II)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

North Block, New Delhi-110001
Dated : 04.11.2015

OFFICE MEMORANDUM

Subject: – Counting of past service fix admissibility in old pension scheme, new pension scheme, pay protection and leave accumulation to All India Services officers: clarification regarding.

*******

I am directed to say that while introducing the New Pension Scheme from 01/01/2004, amendments to various existing rules including second proviso to Rule l of the All India Services (Death Cum Retirement Benefits) Rules, 1958 were made whereby these rules became inapplicable to those appointed to All India Service and posts from 01/01/2004. The pension of the member of All India Services appointed on or after 01/01/2004 is regulated by the New Defined Contribution Pension Scheme (known as the New Pension Scheme), notified by the Ministry of Finance (Department of Economic Affairs) vide their Notification No.5/7/2003-ECB2 PR dated 22/12/2003 now rechristened as National Pension System as per Section 8 of Pension Fund Regulatory Development Authority Act, 2013. The guidelines for New Pension Scheme in respect of All India Services was issued by this Department vide letter No.25014/14/2001-AIS(II) dated 08/09/2009 in terms of the instruction/guidelines notified by the Ministry of Finance.

2. Therefore, in view of the above new and changed position, this Department has received references from the State Governments and member of services for Clarification in regard to counting of past services for the purpose of pensionary benefits, pay protection and leave accumulation. The matter has been examined by this Department in consultation with the Ministry of Finance (Department of Expenditure) and Department of Pension and Pensioners’ Welfare and has decided as under: –

(i) The member of All India Services who had been an employee in pensionable establishment viz. Central/State Governments or autonomous bodies as on 31/12/2003 and appointed to All India Services on or after 01/01/2004 with proper permission shall be covered under the old non-contribution pension scheme in terms of Office Memorandum No. 28/30/2004-P&PW(B) dated 28/10/2009,which has been made applicable Mutatis-Mutandis to members of All India Services by this Department vide letter No. 25014/1/2013-AIS(II) dated 18/3/2013. The pay protection and leave accumulation arising out of previous service would be admissible as per relevant rules of respective All India Services (Pay) Rules and All India Services (Leave) Rules 1955.

(ii) Those under CPF etc will not be allowed entry into the old pension scheme on appointments from 01/01/2004

(iii) The member of All India Services who were appointed to government service in the central/state governments or autonomous bodies, whether in a pensionable or non-pensionable establishment, on or after 01/01/2004 before being appointed to All India Services shall be governed by the New Pension Scheme. The pay protection and leave accumulation arising out of their previous service would be admissible as per the relevant rules of the respective All India Services (Pay) Rules and All India Services (Leave) Rules, 1955.

(iv) The admissibility of counting of past services for the purpose of benefits as mentioned at point (i) and (iii) above shall be subject to continuous service and technical resignation.

3. The State Governments are competent to determine the past service rendered by the member of service for such benefits as mentioned above. The service rendered by a member of All India Services before his appointment to the service under the Central Government or a State Government will count as continuous service for the said benefits subject to the fulfilment of the specific conditions provided in the All India Services (Leave) Rules, 1955 and the respective All India Services (Pay) Rules. Approval of the Central Government is not necessary for counting the previous service for such benefits. In such cases the Government of the State on whose cadre the member of service is borne/the Accountant General concerned, will have to take necessary action in consultation with the Central Department or the State Government, if the officer had worked under the Central Government or another State Government, as the case may before joining the All India Services, to count such service as qualifying service for the aforesaid benefit. If any clarification is required or condonation of break in service is involved, a reference may be set to the Department of Personnel and Training in the case of members of the Indian Administrative Services, the Police Division of the Ministry of Home Affairs in the case of Indian Police Service and the Ministry of Environment, Forest and Climate Change in the case of members of Indian Forest Service.

(Rajiv Jain)
Under Secretary to the Government of India

Download DoPT OM No.25011/6/2014-AIS(II) dated 04.11.2015