Rajasthan Municipal Services (Pension) Rules, 1989

Published vide Notification No. F. 3(15)/DLB/81/3, dated 31-1-89, Published in Rajasthan Gazette, Extra-ordinary, Part 6-A, dated 2-5-89, page 11(13)

RJ738

LEGISLATIVE HISTORY 6

In exercise of the powers conferred by clause (b) (i) of sub- section (2) of Section 297 of the Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959), the State Government hereby makes the following rules:-

Short title and commencement.- (1) These rules may be called the Rajasthan Municipal Services (Pension) Rules, 1989.

(2) They shall be deemed to have come into force with effect from 1st October, 1987.

Definition.- (1) In these rules unless the context otherwise requires :-

(a) 'Act' means the Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959).

(b) 'Board' means a Municipal Board, Notified Area, Committee and includes a Municipal Council established under the provisions of the Act.

(d) 'Director' means the Director of Local Bodies, Rajasthan, Jaipur and includes Deputy Director.

(e) 'Director of Pension' means the Director of Pension, Rajasthan, Jaipur and any other subordinate Gazetted Officer authorised by him for the purpose of these rules.

(f) 'Dy. Director Regional' means the Deputy Director of Local Self-Government Department posted at concerned Regional Head quarter and includes Assistant Director (Region).

(g) 'Employee' means an employee appointed under Section 310 of the Rajasthan Municipalities Act, 1959 by the Board and includes an officer appointed under Section 307 or 308 of the said Act.

(h) 'Executive Officer' means an Executive Officer of a Board and includes a 'Commissioner' of Municipal Council.

(i) 'Fund' means the Municipal Employees Pension Fund to which pension paid to the retired employees shall be charged.

(2) The words and expressions used but not defined in these rules shall have the meaning assigned to them in the Act.

Applicability of Rules.- These rules shall apply to all employees (other than the persons employed on part-time/work charged/contract basis and an employee on deputation to the Board) holding posts as on 1-10-1987 thereafter under the control of the Board provided they opt for these rules.

The employees retired or retiring on or after 1-10-1987 shall only be eligible for pension under the provisions of these rules provided they opt for these rules.

Non-applicability of Rules.- (1) These rules shall not apply to the employees retired before 1-10-1987 or working on part-time/work-charged/contract deputation basis.

[(2) These rules shall not apply to the following:-

(i) The employees of Kota City Council appointed between 1-4-1951 to 9-7-1956.

(ii) Employees of Ajmer Merwar Municipalities appointed before 1-11-1956 and 1-11-1956 to 1-8-1970.]

Exercise of Option.- (1) All employees would have option to continue to be governed by the Contributory Provident Fund Rules or by these rules with effect from 1-10-1987.

(2) The option under sub-rule (1) shall be exercised in writing so as to reach the authorities mentioned in Rule 6 within 3 months of the date of publication of these rules in the Official Gazette in the form appended to these rules.

(3) If the option is not received within the aforesaid time limit, the employee shall be deemed to have opted for the pension rules. The option once exercised shall be final. It is not sufficient for an employee to exercise option within the specified period but also to ensure that it reaches the authorities mentioned in Rule 6 within the time and that he obtains acknowledgement thereof. The option given by the employee shall be pasted in the service book and a true copy of it be placed in his personal file.

(4) If an employee who has availed of the Contributory Provident Fund benefits on his retirement on or after 10-10-1987, exercises option for the pension rules, the amount of contribution of the Board together with interest thereon till the date of retirement plus interest on this total amount @ 6% p.a. shall be refunded for being credited to the Pension Fund, Interest @ 6% p.a. shall be charged for the period from the date of receipt of benefit under the Contributory Provident Fund Rules to the date of refund.

Authorities for communicating Option.- The option shall be communicated to :-

(1) the Director of Local Bodies, Rajasthan, Jaipur in respect of the employees belonging to Rajasthan Municipal Service;

(2) the Commissioner/Executive Officer of the concerned Board in respect of the employees other than those mentioned in (1) above.

Treatment of Balance in C.P.F. Account.- If an employee opts for pension under these rules, that part of balance in his C.P.F. Account which is on accounts of subscriptions made by him and interest credited thereon shall be transferred to the Pension Fund. In case the Board had not contributed towards C.P.F. for any period, an amount equal to contribution which was to be made by the Board together with interest thereon shall be deposited by the concerned Board from its own sources to the Pension Fund.
Constitution of the Fund.- The Fund shall be constituted as under :-

(1) By transfer of Board's contribution upto 30-9-87 to the C.P.F. Account of the employees and interest thereon this date. The Director shall have power to recover this amount from the concerned Boards from the grants-in-aid payable to them with interest @ 12% p.a.;

(2) Monthly contribution by all Boards to the Pension Fund at the rate as may be prescribed by the Government from time to time. In case any Board fails to deposit monthly contribution, the Director shall have power to recover the due amount from the grant-in-aid payable to that Board.

(3) Amount of interest @ 12% p.a. on the balance of the Fund as on 1st of every month.

Control of the Fund.- The controller of the fund shall ensure monthly reconciliation of all receipts and payments from the fund.

The controller of the fund would have no authority to utilise the fund for any purpose except payment of pension.

Maintenance of proper account of this fund shall be the direct responsibility of the controller of the fund.

Qualifying Service.- The following service count for the purpose of pension as qualifying service :-

(a) An employee's service does not qualify till he has completed eighteen years of age.

(b) All services rendered on regularly sanctioned post during which pay was drawn in the prescribed pay scale qualify for pension provided the Board has contributed towards Contributory Provident Fund or Pension Fund, as the case may be.

(d) The service of an employee engaged purely on daily wages or on contract basis or for a specified period does not qualify for the purpose of pension.

Conditions for Grant of Pension.- The pension sanctioning authority shall follow the conditions for grant of pension as laid down in Chapter XX of R.S.R., Volume 1 Part B.
Emoluments for the purpose of pension.- The term 'emoluments' used in these rules means the basic pay which an employee was receiving immediately before his retirement.

Explanation. - If an employee has been absent from duty on leave immediately before his retirement or death, his emoluments for the purpose of these rules shall be taken which he was drawing before proceeding on leave.

Regulation of Pension.- The amount of pension shall be determined at 50% of 'Emoluments' but shall be related to the maximum qualifying service of 33 years. In the case of an employee, who at the time of retirement has rendered qualifying service of 10 years or more but less than 33 years, the amount of his pension shall be such porportion of the maximum admissible pension as the qualifying service rendered by him bears to the maximum qualifying service of 33 years.

Note. - Fraction of a year equal to six months and above shall be treated as a completed six monthly period of qualifying service for the purpose of calculation of pension.

other relevant provisions contained in Chapter XX of R.S.R. Volume I Part-B except for payment of gratuity, shall be followed by the Pension Sanctioning Authorities.

Commutation of Pension.- In case an employee applies for communication of a portion of pension upto 1/3rd thereof, the pension sanctioning authorities shall permit this in accordance with the Rajasthan Civil Services (Commutation of Pension) Rules, 1981 as amended from time to time.
Payment of Gratuity.- The gratuity shall be paid by the Board from where the employee retires/retired in accordance with the provisions contained in Rajasthan Municipalities Gratuity Rules, 1969 as amended from time to time. The payment of gratuity shall be made by the concerned Board from its own sources and shall not be a charge on the Fund.
Family Pension.- Family pension would be admissible to the family of a deceased employee pensioner who was entitled to pension as per these rules in accordance with the provisions contained in Chapter XXIII-A of R.S.R. Volume I, Part-B.
Procedure of submission of application of Pension.- Every employee shall submit an application for pension in the form appended to these rules to the authority who maintains service book preferably before six months of his retirement.
Authority competent to sanction Pension.- The following officers shall be the authority competent to sanction pension to all employees of Board :-

(i) The Director of Local Bodies for all employees appointed under Sections 307 and 308 of the Rajasthan Municipalities Act, 1959.

(ii) The Regional Deputy Director Local Bodies for all employees of Board other than those mentioned in (i) above.

Authority to sanction provisional pension.- In cases where pension papers have hot been prepared or sent to the Director, Pension Department, the pension sanctioning authority after careful summary investigation would authorise payment of provisional pension to the extent of 75% of the amount of pension admissible under these rules which would be subject to adjustment against pension payable on issue of Pension Payment Order.
Recoveries of losses from pension.- The pension sanctioning authorities shall have the right of withholding or withdrawing pension or any part thereof, whether permanently or for specified period and the right of ordering recovery from person of the whole or a part of any pecuniary loss caused to the Board. If the employee pensioner is found guilty of misconduct or negligence during the period of his service, after providing him a reasonable opportunity of being heard.
Misconduct or Inefficiency.- No pension may be granted under these rules to an employee dismissed or removed for misconduct, insolvency or inefficiency unless specifically ordered by the competent authority.
Compulsory retirement as a penalty.- An employee compulsorily retired from service as a measure of penalty may be paid such pension as may be determined by the competent authority.
Interpretation of Rules.- Where any doubt arises as to the interpretation of the rules, it shall be referred to the Government (Secretary to Government, Local Self Government Department) whose interpretation/decision shall be final.
Power to alter or amend the Rules.- The Government reserve to themselves the right of amending these rules from time to time. A claim for pension shall be regulated by the rules inforce at the time when the employee retires from the Municipal Services.
Power of the Director Pension Department.- After the receipt of pension papers from the pension sanctioning authorities, the Director of Pension shall perform the same functions and duties as are at present being performed in respect of pension cases of Government servants sent to him for admitting pension in accordance with the pension rules and issue pension payment order.

Note. - The responsibility for verification of pensionable service and recovery of dues, if any, shall be of the pension sanctioning authorities who shall record certificates to this effect on the pension application form. The verification of pensionable service would be checked by the Director, Pension Department.

Payment of Pension.- The Treasury Officer concerned shall follow the procedure for payment of pension in accordance with the rules applicable to the Government servants and the directions issued by the Government in Local Self Department and the Director Pension Department from time to time.

[Note. - The relevant provision of Rajasthan Civil Services (Pension) Rules, 1996 which came into force from 1-10-1996 shall be applicable to the retired Municipal Employees while deciding their pension cases under the Rajasthan Municipal Employees Services (Pension) Rules, 1989.]

Form of Option

In pursuance of Rule 5 of the Municipal Employees Services (Pension) Rules 1989, I ................ S/o............. designation ........ and contributor to the Contributory Provident Fund Account No........... hereby opt for the pensionery benefit admissible in terms of the Rajasthan Municipal Services (Pension) Rules, 1989 for the period for which subscription/contribution was/is made to the Contributory Provident Fund/Pension Fund in lieu of Contributory Provident Fund benefits available under Rajasthan Municipalities (Contributory Provident Fund & Gratuity) Rules, 1969.

I, hereby, agree to abide by the aforesaid rules.

Witness :	Signature
Signature	Date
Date	Name in full
	(Name in block letter)
Name in full
(Name in block letter)	Designation
Designation	Office
Office

Accepted

Countersigned

Dated signatures of the Officer with seal.

Local Self Government Department

Set of Pension Forms for Municipal Employees

Name of Applicant
Father/Husband's Name
Date of Ending of service.
Designation.
Name of Municipal Council/Board.
District

Instructions

The following instructions are to be kept in mind while filling the pension papers.

Name.- When the name of the employee has been recorded incorrect in different records, the fact should be mentioned in forwarding letter sent with the pension papers to a void unnecessary correspondence.
Date of retirement.- Date of retirement should be mentioned in the Service Book/Roll and Last Pay Certificate and retirement order should be enclosed.

Please mention whether re-employed in your department or elsewhere.

Invalid Pension.- In case of retirement on Medical Grounds the original medical certificate or the Competent Authority invalidating a pensioner from service should be attached to the pension papers.
Service Book.- Service Book duly completed and services verified by Head of Office under rule for each years and Part thereof and service statement should be enclosed with the pension papers.
Mention date, month and year for the period of different appointments, promotions in the Service Statement Part-III (30 days are counted as one month for the purpose of calculating break in service).
Final Tentative Last Pay Certificate.- The Last Pay Certificate in prescribed form should be enclosed in which date of last payment and dues against the employee, if any, should be clearly mentioned.
Miscellaneous Certificates.- The necessary certificate prescribed in the pension papers as per Part-II and other certificates necessary under any rule or orders should be enclosed with the pension papers.
Descriptive Rolls.- Descriptive rolls in Annexure-III (in duplicate) duly attested should be enclosed with the pension papers.

(In case of persons desiring payment of pension out of Rajasthan, Descriptive Rolls should be enclosed in triplicate.)

List of Enclosures:

Application for pension (Part-I).
Forwarding letter (Part-II).
Form Pension 3-Containing the orders of the pension sanctioning authority and certificate in Part-II.
History of service, duly verified by Director/Dy. Director, LSG Department.
Details of extraordinary leave or any other non-qualifying service not counted for pension.
Memo for calculation of pension Annexure-I.
Tentative/Last Pay Certificate.
Two copies of Descriptive Roll duly attested by a Gazetted Officer (Three copies in case the payment is desired outside Rajasthan).
Copy of retirement order duly attested.
Details of members of family on the date of Retirement/Death.
In case of death-

(i) Death Certificate (Original).

(ii) Application for family pension in Appendix-II.

(iii) Sanction for family pension in Appendix-III.

Medical Certificate (If the claim is for invalid pension).
In case there is interruption in the Services, sanction for regularisation of interruption by Competent Authority.
Explanation for delay, if any, beyond one month from the date of retirement of the Government Servant in forwarding the pension case in Forms Pension-2 and Pension-3.

Form Pension P-I

All Application for Pension

To,

Director/Dy. Director, Local Self Government. Sub- Application for sanction of Pension.

Sir,

I beg to say that my date of birth is........... I am to retire/have retired from Municipal Service on.......... necessary action may pleased be taken to sanction due pension before the date of my retirement. I want to draw my pension from Sub-Treasury........... of Treasury..............

I hereby declare that I have neither applied before for pension nor received any pension, nor will submit any application hereinafter without quoting reference of this application or orders passed on it for any part of my qualifying service for which I have claimed for pension in this application.
I enclose herewith descriptive roll in duplicate (triplicate in case of payment of pension out of Rajasthan) duly attested containing :

(a) My specimen signatures.

(b) Photo/joint photo with husband/wife (Passport size) in duplicate (in triplicate in case of payment of pension outside Rajasthan).

(d) Height/Identification mark.

My present address is............... and my address after retirement will be............

Yours faithfully,

Dated

Signature

Designation

Form Pension P-2

Form Pension

Form of Letter to the Director, Pension Department, Rajasthan, Jaipur forwarding the Pension Papers of a Municipal Board Employee

No. .............

Dated ...........

Municipal Council/Board

To,

Director, Pension Department, Rajasthan, Jaipur.

Sir,

The pension papers of Shri/Shrimati/Kumari ................... of .............Council/Board are forwarded for further necessary action as per list enclosed. He/She is entitled to pension.

Yours faithfully, Signature Designation.

Form Pension P-3

Form Sanctioning Pension

Name of the Employee.
Father's name (and also husband's name in the case of woman servant).
Permanent residential address showing Village/Town/District and State.
Present or last appointment including name of establishment:

(a) Substantive

(b) Officiating, if any.

Class of pension applied for and cause of application.
Municipal Council/Boards under which service has been rendered in order of employment (Details be given in history of services Part-III for each appointment).
Period of service qualifying for pension :

(a) Period of Municipal Service

(b) Period of war/Military Service

(d) Amount and nature of any pension/gratuity received for Municipal Service.

Last pay at the time of retirement.
Proposed Pension.
Date from which pension is to commence.
Place of payment of Pension Treasury .................. Sub-Treasury ...............
Whether Municipal employee has paid all the Government's dues ?
Date of birth by Christian era of-

(i) Employee

(ii) Employee's Wife/Husband

Remarks by the sanctioning authority :

(a) Details of any suspension and re-instatement orders.

(b) Any other remarks.

(c) Specific opinion of the sanctioning authority whether the service claimed is established and should be admitted or not ?

Order of the pension sanctioning authority :

(a) The undersigned having satisfied himself that the service of Shri/Shrimati/Kumari has been thoroughly satisfactory hereby orders the grant of full pension, which may be accepted by the Director of Pension Department as admissible under the rules.

The undersigned having satisfied himself that the service of Shri/Shrimati/Kumari............. has not been thoroughly satisfactory hereby orders that the full pension which may be accepted by the Director of Pension Department as admissible under the rules shall be reduced by the specific amount or percentage indicated below :-

Amount of percentage of reduction in pension.........

The grant of pension shall take effect from..........

(b) In the event of death of Shri/Shrimati ............. a family pension of Rs........... will be admissible to Shri/Shrimati..........as admissible under rules.

This order is subject to the condition that if the amount of pension as authorised be after wards found to be in excess of amounts to which the pensioner is entitled under the rules he/she shall be called there upon to refund such excess.

Signature

Office/Department.

Part - II

(Certificates)

Certified that no dues are outstanding against the pensioner in respect of Board except those mentioned in the L.P.C.

Signature.

Certificate in respect of Long Tenn Advance;

Certified that nothing is outstanding against Shri .............. Designation ................ on account of Long Term Advance, viz. House Building/Conveyance advance.

Signature

Office/Department.

Certificate in respect of subscription of Employee's Share Deposit to the fund:

Certified that the Employer's subscription for the period from ............. to has been credited to the fund as defined under rule ............. of the Rajasthan Municipal Services (Pension) Rules, 1989.

Signature

Office /Department.

Certificate in respect of Anticipatory Pension/D.C.R.G.:

Certified that Shri ........... has been sanctioned Anticipatory Pension at the rate Rs......... p.m. and D.C.R.G. for Rs........... vide Order No........ dated ........

Certified that Shri ........... has not been sanctioned any Anticipatory Pension/D.C.R.G. nor will be sanctioned in future.

Signature

Office/Department.

Part - III

Details of service of Shri/Smt./Miss.......................

Date of birth..............................................

Date of retirement/Death...................................

DAte of beginning of service...............................

Section - 1

Establishment	Designation	Officiating/ Substantive	Date of Beginning
1	2	3	4

Date of Ending

Period reckoning as service Yr. M.D.

Period not reckoning as service Yr. M.D.

Whether service verified or not.

Remarks

Total period of service

Note.- Certified that Shri ............... Designation.............. of .............. rendered............ years............. months/qualifying service for pension under Rajasthan Municipal Services (Pension) Rules, 1989 and the same has been verified and found correct.

G.P.O. No............. has been issued and entered in the Service Book/Roll at page No............ of the retired employee. Similarly G.P.O. No. will also be entered therein on receipt of authority from the Director. Pension Department to safe guard double payments.

Director/Dy. Director Local Self Government.

Note. - Date of Commencement and date of ending of each period of Military Service, if any, should also be indicated in this part.

Part - IV

Pay drawn immediately before Retirement/Death

Post Held

Last Pay

Signature

Designation

Annexure-I

Calculation memo for pension.

Amount of Pension

Last Pay	Completed six monthly period of qualifying service.
2	X	66
		Pension Amount............
		Director/Dy. Director
	Local Self Government Department.

Annexure-II

Tentative Final Last Pay Certificate

Office...........

Tentative/Final Last Pay Certificate of Shri/Smt............ Designation.......... who has retired/.......... is to retire on.........

He/She has been paid upto.................. at the following rates.

Substantive Pay.............................P.M.
Officiating Pay...............................P.M.
Special Pay...................................P.M.
Allowances:
House Rent Allowance..................P.M.
City Compensatory Allowance......P.M.
Conveyance Allowance.................P.M.
Any other Allowance.....................P.M.
TOTAL:

He has handed over the charge of...................Office in the forenoon/After-non of.....................

Signature........... Designation....... Board................

Annexure-III

Descriptive Roll

(For Treasury Use)

Shri..........................Designation...........

Name................................
Father's name.......................
Caste...............................
Height..............................
Date of Birth.......................
Mark of identification ..........
Left/Right hand thumb/finger impression

(in case of illiterate)

Thumb Fore finger Middle finger Ring finger Little finger

Place of payment.........................

Sub Treasury..............Treasury............

Specimen signature 1. .......................
.......................
.......................

of Shri/Shrimati/Kumari .............. Widow/Son/ Daughter of Shri .............. Designation............ Office...............

Joint photo of Shri/Shrimati/Kumari ............... wife/Son/Daughter of Shri ................ Designation ................. Office ................. and his/her wife/husband Shri/Shrimati..............

Joint Photo Attestation

Attested

Signature and Designation of Attesting Authority

Officer Incharge

Date.............

Signature of Applicant

Annexure-IV

Office Number

Dated :

Retirement Order (Proforma)

The following officers/officials are hereby retired from ........... service on attaining a superannuation age of 58/60 years on the dates noted against their names :

Name & Designation

Date of Birth

Retirement Date

Signature of Appointing Authority

Shri........... is hereby retired from........... service on ........... under rule 244(1) of R.S.R. 3 months after the date ........... on which he applied for voluntary retirement (in case of short period of notice) a sanction for relaxation................. dated...........

Signature of Appointing Authority

Shri............ is hereby retired in the afternoon of......... on invalid pension under rule 228 of R.S.R. on the basis of Medical Certificate.

Signature of Appointing Authority

Copy submitted to the following for information and necessary action:-

Director, Pension Department, Rajasthan, Jaipur (with spare copy for pension file of each employee).
Shri .............. Designation............ with the remarks that following documents/papers may be submitted at the earliest to the head of his office, if not submitted by him so that his pension case may be submitted to the pension department.
........................
........................
........................

Signature of Appointing Authority

Annexure-V

List of Family Members

(See rule 268(d) of R.S.R.)

List of family members of Shri/Shrimati..........on the date of retirement/death.

S. No.	Name	Date of birth or Age	Relationship with the Pensioner	Married/ Unmarried	Remarks
1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

I am submitting list of my family members under rule 268 (D) of R.S.R.

Signature of Employee Designation

Signature of Attesting Authority Officer Incharge

Appendix-II

Form of Application

(Family Pension Rules)

Application for family pension for the family of Late Shri/Smt........ (Municipal council/Board)............

1.	Name of Municipal Council/Board.
2.	Name of Applicant.
3.	Relationship with the deceased employee.
4.	Date of retirement, if the deceased was a pensioner.
5.	Date of death of the Servant/Pensioner (Death Certificate should be attached).
6.	Names and ages of surviving kinders of the deceased.
S.No.		Name	Date of birth	Relationship	Married/ Unmarried
1. 2. 3. 4. 5. 6. 7. 8.
7.	Name of Treasury/ Sub-Treasury at which payment is desired.
8.	Descriptive roll of widow/ widower/guardian of the minor children of Late.............
9.	(i)	Date of birth (By Ch. Era)..............
	(ii)	Height............
	(iii)	Personal marks (if any) on hand or face......
	(iv)	Signature/Left hand thumb and finger impression (if illiterate)..............
Small finger.		Ring finger..	Middle finger	Index finger.	Thumb.
10.	Full address of the applicant..................................................................... ............................................................................................................... ................................................................................................................

Attested by.......................

Witness :

1. ..........................	1. ..........................
2. ..........................	2. ..........................

Attested

Photo Attested ........................

Signature of of Attesting Officer and Designation

Appendix-III

1.	Name of the Employee.	................................
2.	Father's Name (and also husband's name in the case of a woman employee).	................................
3.	Last appointment held including name of establishment.	................................
4.	Date of beginning of service.	................................
5.	Date of ending service.	................................
6.	Length of continuous qualifying service prior to death.	................................
7.	'Last Pay' as defined in rule 268(C) of R.S.R.	................................
8.	Amount of family pension.	................................
9.	Date from which pension is to commence.	................................
10.	Place of payment (Government Treasury/ Sub-Treasury).	................................

The undersigned having satisfied himself of the above particulars of Late Shri/Smt............ hereby orders the grant of a family pension of Rs............. per month to Shri/Smt............... which may be accepted by the pension department as admissible under the rules.

Signature and Designation of the Pension Sanctioning Authority.