The Haryana State Agricultural Marketing Board and Market Committees Employees Pension Provident Fund and Gratuity Rules, 1989

Published vide Notification No. G.S.R. 64/P.A. 23/61/S. 43/89, dated 24th July, 1989

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Agriculture Department

No. G.S.R. 64/P.A.23/61/S.43/89. - In exercise of the powers conferred by clause (xxviii) of sub-section (2) of section 43 of the Punjab Agricultural Produce Markets Act, 1961 (Punjab Act 23 of 1961), the Governor of Haryana hereby makes the following rules regulating the payment of pension, provident fund and gratuity to the employees of the Haryana State Agricultural Marketing Board and Market Committees, namely :-

Short title and application.- (1) These rules may be called the Haryana State Agricultural Marketing Board and Market Committees Employees Pension Provident Fund and Gratuity Rules, 1989.

(2) They shall apply to all the employees of the Haryana State Agricultural Marketing Board and Market Committees, established and constituted under the Punjab Agricultural Produce Markets Act, 1961, who join the service on or after the coming into force of these rules and other employees already in the service who opt for these rules. The later category of employees shall have to exercise an option in form A appended to these rules within three months from the date of coming into force of these rules.

(3) The employees who do not opt, for these rules shall be governed by the Punjab State Agricultural Marketing Board and Market Committees Employees Provident Fund and Gratuity Rules, 1965.

Definition.- In these rules unless the context otherwise requires, -

(a) "competent authority" means the authority competent to sanction pension, gratuity and provident fund and the employees of the Marketing Board and Market Committees. The competent authority for the purpose of these rules shall be the Chief Administrator of the Haryana State Agricultural Marketing Board in case of the employees of the Board and the Secretary of the Board in the case of employees of the Market Committees;

(b) "employee" means the employees of the Haryana State Agricultural Marketing Board or Market Committees; in the State, as the case may be;

Establishment of fund [Section 26(viii) and Section 28(v)].- (1) For the payment of pension, the funds namely, Haryana State Agricultural Marketing Board Employees Pension Fund and Haryana State Agricultural Market Committees Employees Pension Fund (hereinafter called the Pension Funds) shall be established. These shall comprise of the total accumulated amount of Contributory Provident Fund contributions of the Board and the Market Committees made so far on behalf of the employees and also 10 per cent Contributory Provident Fund contributions to be made by the Board and Market Committees as per provisions contained in Punjab State Agricultural Marketing Board and Market Committees Employees Provident Fund and Gratuity Rules, 1965.

(2) The Pension Funds shall be kept in the Bank at the Board's headquarter in the case of employees of the Marketing Board and the headquarter of the Market Committee in the case of employees of the Market Committees. The rate of interest allowed shall be the rate of interest fixed by the Bank and shall be managed to earn the maximum amount of interest on the total accumulations and the interest as earned shall also be an integral part of Pension Funds.

Operation of Funds.- (1) The Pension Funds shall be administered by the competent authority or any other officer authorised by the Board.

(2) The Board or the Market Committees' contribution as mentioned in rule 3 shall be drawn out of the Marketing Development Fund or Market Committees Fund as the case may be, and credited into the Pension Funds.

(3) All payments to be made to the employees of the Board of Market Committees on account of pension and gratuity shall be withdrawn from the concerned Pension Fund.

Maintenance of Funds.- The accounts of the Pension Funds shall be maintained in the office of the Haryana State Agricultural Marketing Board and Market Committees as the case may be. The Bank through which pension is disbursed may also be required to keep accounts as per instructions issued from time to time.
Grant of pensions, gratuity and general provident fund [Section 43(2) (xxviii)].- For the purpose of grant of pension, gratuity and general provident fund to the employees the rules relating to pension, gratuity and general provident funds as contained in the Punjab Civil Services Rules, Volume II shall apply mutatis mutandisto the employees and for this purpose, the terms and expressions not otherwise defined in these rules, shall have the same meaning as assigned to them in the Punjab Civil Services Rules, Volume I, Part I. For this purpose, for the words "Government" and "Government employees" wherever occurring in these rules ibid, the words "Boards" and "employees of the Board or Market Committees" shall be deemed to have been substituted, respectively and for the words "Accountant General Haryana" wherever occurring in the aforesaid rules, the words "Controller Finance and Accounts, Haryana State Agricultural Marketing Board" shall be deemed to have been substituted. The instructions issued by the Haryana Government in this behalf from time to time shall also apply for this purpose.
Pension payments order [Section 43(2) (xxviii)].- After completion of pension papers of the employee in the form and manner given in the Punjab Civil Services Rules, Volume II (with necessary amendments) the same shall be sent to the Controller, Finance and Accounts, Haryana State Agricultural Marketing Board concerned for verification of qualifying service and emoluments.
Payment of pension [Section 43(2)(xxviii)].- (1) On the basis of pension payment order issued by the Controller Finance and Accounts, the competent authorities Haryana State Agricultural Marketing Board shall also issue a copy of pension payment order to the Bank authorising the Bank to make payment of pension to the pensioner every month regularly till a revised order or instruction is issued by competent authority.

(2) While making payments of pension, the pension payment authority shall be guided by Rules 4.92 to 4.106 of the Subsidiary Treasury Rules issued under the Punjab Treasury Rules which shall applymutatis mutandis to the pensioner of the Board and the Market Committees.

General Provident Fund Section [43(2)(xxviii)].- (1) On coming into force of these rules, the contributory provident fund established by the Board and Market Committees shall be converted into general provident fund and the subscription portion of the Employees Contributory Provident Fund alongwith interest accrued thereon shall be credited to the general provident fund in respect of the employees who opt for these rules and shall be governed by the general provident fund rules and instructions issued by the State Government from time to time.

(2) The portion representing the Board's and Market Committee's contribution shall be credited to the Pension Funds concerned,

(3) The subscribers of the contributory provident fund who before the issue of these rules, had invested their balance in term deposits in accordance with the provisions of the Punjab State Agricultural Marketing Board and Market Committee Employees Provident Fund and Gratuity Rules, 1965 and opt for these rules, shall have to deposit the principal amount within three months from the date of option falling short of the portion representing the Board's or Market Committee's within three months from the date of option. Such deposits or receipts or certificates or papers will thenceforth be given to the concerned employees for realisation on maturity or otherwise.

(4) Subject to the provisions of these rules, the rules contained in Chapter XIII of the Punjab Civil Services Rules, Volume II, shall apply mutatis mutandis to the employees of the Board and Market Committees who opt for these rules.

Form A

[See rule 1(2)]

I__________hereby opt for the Haryana Agricultural Marketing Board and Market Committees Employees Pension Provident and Gratuity Rules, 1989 with effect from____________________.

I undertake to deposit the amount of contribution of contributory provident fund of the Board/Market Committee invested by me in Money Multiple Certificate Scheme within three months from the date of option.

Signature of the employee with

Name/Designation/Address.