Full Text
REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-08082024-256180
EXTRAORDINARY
PART II-Section 3-Sub-section (i)
PUBLISHED BY AUTHORITY
No. 447]
NEW DELHI, WEDNESDAY, AUGUST 7, 2024/ SHRAVANA 16, 1946
MINISTRY OF RAILWAYS
(Railway Board)
NOTIFICATION
New Delhi, the 30th July, 2024
G.S.R. 486(E).— - 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:-
1. Short title and commencement:-(1) These rules may be called the Railway Services (Pension) Second Amendment
Rules, 2024.
(2) Save as otherwise provided, these rules shall come into force on the date of their publication in the Official
Gazette.
2. In the Railway Services (Pension) Rules, 1993 (hereinafter referred to as the said rules), for rule 55, the following
rule shall be substituted, namely:-
“55. Invalid Pension.- (1) In the case of a railway servant acquiring a disability, where the provisions of section 20 of
the Rights of Persons with Disabilities Act, 2016 (49 of 2016) (hereinafter referred to as the said Act) are applicable
shall be governed by the provisions of the said section:
Provided that such employee shall submit a disability certificate which is issued from the competent authority as
provided under the Rights of Persons with Disabilities Rules, 2017.
(2)
If a railway servant, in a case where the provisions of section 20 of the said Act, are not applicable, retires
from the service on account of any bodily or mental infirmity which permanently incapacitates him for the service, he
may be granted invalid pension in accordance with rule 69:
Provided that a railway servant, who retires from service on account of any bodily or mental infirmity which
permanently incapacitates him for the service before completing qualifying service of ten years, may also be granted
invalid pension in accordance with sub-rule (2) of rule 69, subject to the conditions that the railway servant,-
(a) has been examined by the appropriate medical authority either before his appointment or after his appointment to
the railway service and declared fit by such medical authority for railway service; and
(b) fulfills all other conditions mentioned in the rules for grant of invalid pension.
(3) Where a railway servant referred to in sub-rule (2), applies for an invalid pension, he shall be required to submit a
medical certificate of incapacity from the following medical authority, namely:-
(a) a Medical Board in the case of a Gazetted railway servant and of a Non-gazetted railway servant whose pay, as
defined in rule 1303 of the Indian Railway Establishment Code Vol.II(1987-Edition), exceeds fifty-four thousand
rupees per mensem;
(b) a Civil surgeon or a District Medical Officer or Medical Officer of equivalent status in other cases.
Note 1: No medical certificate of incapacity for service may be granted unless the applicant produces a letter to show
that the Head of his Office or Department is aware of the intention of the applicant to appear before the medical
authority and the medical authority shall also be supplied by the Head of the Office or the Department in which the
applicant is employed with a statement of what appears from official records to be the age of the applicant, and if a
service book is being maintained for the applicant, the age recorded therein should be reported.
Note 2: A lady doctor shall be included as a member of the Medical Board when a woman candidate is to be
examined.
(4) The Medical Certificate to be granted by the medical authority shall be such as specified in Form 21 annexed to
these rules.
(5) Where the medical authority referred to in sub-rule (3) has declared a railway servant mentioned in sub-rule (2) fit
for further service of less laborious character than that which he had been doing, he shall, subject to his willingness to
be so employed, be employed on a lower post and if there be no means of employing him even on a lower post, he
may be granted invalid pension under rule 69;"
3. In the said rules, rules 56, 57, 58, 59, 60, 61 and 62 shall be omitted.
4. In the said rules, in rule 69, for sub-rule (2), the following sub-rule shall be substituted, namely:-
"(2)
Subject to the proviso to sub-rule (2) of rule 55, in the case of a railway servant retiring in accordance with
the provisions of these rules after completing qualifying service of not less than ten years, the amount of pension shall
be calculated at fifty per cent of emoluments or average emoluments, whichever is more beneficial to him, subject to a
minimum of nine thousand rupees per mensem and maximum of one lakh twenty five thousand rupees per mensem;"
5.
In the said rules, in rule 75,-
(a) in sub-rule (4), -
(i) in clause (i), in sub-clause (a), the words "after having rendered not less than seven years' continuous service"
shall be omitted;
(ii) in clause (ii), in sub-clause (a), the words "after having rendered not less than seven years' continuous service"
shall be omitted.
(b)
after sub-rule (4), the following sub-rule shall be inserted, namely:-
"(4A) A railway servant who died within ten years before the 1st day of October, 2019, without completing continuous
service of seven years, his family shall be eligible for family pension at enhanced rates, in accordance with sub-rule
(4), with effect from the 1st day of October, 2019, subject to fulfillment of other conditions for grant of family pension
;
"
6. In the said rules, in rule 94, for the existing clauses the following clauses shall be substituted, namely:-
"(a) for the purpose of Family Pension, 1964, if the family of the deceased railway servant has become eligible
for family pension in accordance with the sub-rule (2) of rule 75, the amount of family pension and the period for
which it is payable shall be determined in accordance with sub-rule (4) of rule 75 within one month from the date of
receipt of intimation of the date of death of the railway servant.
(b)
for the purpose of death gratuity,-
(i) if the entire service rendered by the deceased railway servant is not capable of being verified and accepted, the
amount of death gratuity shall be provisionally determined in accordance with clause (b) of sub-rule (1) of rule 70 on
the basis of the length of qualifying service which is verified and accepted immediately preceding the date of death of
the railway servant and the amount of death gratuity, so determined shall be authorised to the beneficiary on
provisional basis within one month from the date of receipt of intimation of date of death of the railway servant.
(ii) the final amount of the death gratuity shall be determined by the Head of Office on the acceptance and verification
of the entire spell of service by him within a period of six months from the date on which the authority for the
payment of provisional death gratuity was issued and the balance, if any, becoming payable as a result of
determination of the final amount of death gratuity shall then be authorised to the beneficiary.";
7. For "Form 16", the following Form shall be substituted, namely:-
"Form 16"
[See rules 93(1), 95(1), 95(5) and 97(1)]
Assessment and authorisation of payment of family pension and death gratuity when a
railway servant dies while in service
Part-I
Section I
1. Details of deceased:
+----------------------------+-----------------------------------+--------------------+
| (a) Name | | |
+----------------------------+-----------------------------------+--------------------+
| (b) Mother's/Father's name | | (c) Date of birth |
+----------------------------+-----------------------------------+--------------------+
| (d)Date of death | | (e) Religion |
+----------------------------+-----------------------------------+--------------------+
2. Post held at the time of death:
+------------------------------------------------+-----------------------------------+
| (a) Name of the office | |
+------------------------------------------------+-----------------------------------+
| (b) Post held substantively | (c) Officiating post |
+------------------------------------------------+-----------------------------------+
| (d) Level of pay in the pay matrix | (e) Basic pay |
+------------------------------------------------+-----------------------------------+
| (f) In case the last post was held outside the Government on foreign service terms-|
+------------------------------------------------+-----------------------------------+
| (i) Level of pay of the post held in the parent| (ii) Basic pay |
| department | |
+------------------------------------------------+-----------------------------------+
| (i) Total period of military service, if any, for which pension and/or gratuity was sanctioned |
+------------------------------------------------------------------------------------------------+
| (j) Amount of any pension/gratuity received | (k) Nature of any pension/gratuity|
| for the military service | received for the military service |
+------------------------------------------------+-----------------------------------+
3. Date of beginning of service
4. Date of ending of service
5. Service in autonomous body/State Government, if any
Particulars of service
+--------------------------+--------------------+-----------------------------------+--------------------+
| (a) Name of organisation | (b) post held | (c) Period of service | |
| | | From | To | Total period |
+==========================+====================+============+============+==============+
| | | | | |
+--------------------------+--------------------+------------+------------+--------------+
+----------------------------------------------------------------------------------+-----+-----+
| (d) Whether the above service is to be counted for gratuity in the Government | Yes | No |
+----------------------------------------------------------------------------------+-----+-----+
| (e) Whether the autonomous organisation has discharged its pensionary liability | Yes | No |
| to the Railways | | |
+----------------------------------------------------------------------------------+-----+-----+
+----------------------------------------------------+----------------------------------------------------+
| (f) Amount of any pension/gratuity received for the| (g) Nature of any pension/gratuity received for the|
| previous civil service, if any | previous civil service, if any |
+----------------------------------------------------+----------------------------------------------------+
6. Service qualifying for death gratuity:
(a) Details of omission, imperfection or deficiencies in the service book which have been ignored [under rule 79
(1)(b)(ii)
(b)Periods of non-qualifying service:
+-------------------------------------------------------------+----------+----------+------------+
| | From | To | No. of days|
+=============================================================+==========+==========+============+
| Interruption in service condoned under rules 42 and 43 | | | |
+-------------------------------------------------------------+----------+----------+------------+
| Extraordinary leave not qualifying for gratuity | | | |
+-------------------------------------------------------------+----------+----------+------------+
| Period of suspension treated as non-qualifying | | | |
+-------------------------------------------------------------+----------+----------+------------+
| Boy service (2nd Proviso to Rule 20) | | | |
+-------------------------------------------------------------+----------+----------+------------+
| Periods of foreign service with United Nations bodies for | | | |
| which United Nations pension has been availed (rule 46) | | | |
+-------------------------------------------------------------+----------+----------+------------+
| Any other service not treated as qualifying service | | | |
+-------------------------------------------------------------+----------+----------+------------+
| Total period of non-qualifying service | | | |
+-------------------------------------------------------------+----------+----------+------------+
(c) Additions to qualifying service:
+-------------------------------------------------------------+----------+----------+------------+
| | From | To | Number of |
| | | | days |
+=============================================================+==========+==========+============+
| Civil (including railway) service (rule 33) | | | |
+-------------------------------------------------------------+----------+----------+------------+
| Military service (rule 34) | | | |
+-------------------------------------------------------------+----------+----------+------------+
| Benefit of service in an autonomous body | | | |
+-------------------------------------------------------------+----------+----------+------------+
| Total period of qualifying service | | | |
+-------------------------------------------------------------+----------+----------+------------+
(d) Net qualifying service
(e) Qualifying service expressed in terms of completed six monthly periods (Period of three months & above is to
be treated as completed six monthly period (rule 69)
+------------------------------------------+------------------------------------------+
| 7. Emoluments reckoned for death gratuity| 8. Amount of death gratuity |
+==========================================+==========================================+
| | |
+------------------------------------------+------------------------------------------+
9. Details of Government or railway dues recoverable out of death gratuity:-
+----------------------------------------------------------------------------------+--------------------+
| (a) Licence fee for occupation of Government or railway accommodation | |
+----------------------------------------------------------------------------------+--------------------+
| (b) Amount to be withheld as indicated by the Directorate of | |
| Estates/Engineering Department | |
+----------------------------------------------------------------------------------+--------------------+
| (c) Dues referred to in rule 98 (2) | |
+----------------------------------------------------------------------------------+--------------------+
| (d) Net amount payable as death gratuity | |
+----------------------------------------------------------------------------------+--------------------+
10. Details of the nominee(s) to whom death gratuity is payable:
+-------+------------------+---------------------+-------------------+-------------------+------------------+
| S. No.| (a) Name | (b) Date of birth | (c) Share in death| (d) Relationship | (e) Address |
| | | (DD/MM/YYYY) | gratuity | with deceased | |
| | | | | railway servant | |
+=======+==================+=====================+===================+===================+==================+
| 1. | | | | | |
+-------+------------------+---------------------+-------------------+-------------------+------------------+
| 2. | | | | | |
+-------+------------------+---------------------+-------------------+-------------------+------------------+
| 3. | | | | | |
+-------+------------------+---------------------+-------------------+-------------------+------------------+
11. Details of guardian/nominee who will receive payment of death gratuity in the case of minor/mentally
disabled children
+-------+--------------------------+------------------+-------------------------+--------------------+
| S.No. | (a) Name of | (b) Name of | (c) Relationship with | (d) Address of |
| | minor/mentally disabled | guardian | deceased railway servant| guardian |
| | child | | | |
+=======+==========================+==================+=========================+====================+
| | | | | |
+-------+--------------------------+------------------+-------------------------+--------------------+
| | | | | |
+-------+--------------------------+------------------+-------------------------+--------------------+
| | | | | |
+-------+--------------------------+------------------+-------------------------+--------------------+
12. Details of payment of family pension
+-----------------------------------+-------------------+-----------------------------------+-------------------+
| Rate of family pension | Amount of | Period for which it is payable | |
| | family pension | From | To | Total period |
+===================================+===================+===========+===========+===================+
| (a) Enhanced rate [rule 75(4)] | | | | |
+-----------------------------------+-------------------+-----------+-----------+-------------------+
| (b) Ordinary rate [rule 75(2)] | | | | |
+-----------------------------------+-------------------+-----------+-----------+-------------------+
| (c) Additional family pension, as | | | | |
| on date, to old family pensioner, | | | | |
| if any, under rule 75(3A) | | | | |
+-----------------------------------+-------------------+-----------+-----------+-------------------+
13. Persons to whom family pension is payable
+-----------------------------+----------------------------------------------------+
| (a) Name | |
+-----------------------------+----------------------------------------------------+
| (c) Postal address | (b) Relationship with the deceased railway servant |
+-----------------------------+----------------------------------------------------+
| Flat/House | Street/Locality |
| Number/Building | |
| Name | |
+-----------------------------+----------------------------------------------------+
| Village and Post | City and District |
| Office/Block | |
+-----------------------------+----------------------------------------------------+
| State | Pin Code |
+-----------------------------+----------------------------------------------------+
| Telephone No./Mobile | Email-Id |
+-----------------------------+----------------------------------------------------+
14. Details of guardian who will receive payment of family pension in the case of minor/mentally disabled
children
+-------+--------------------------+------------------+-------------------------+--------------------+
| S. No.| (a) Name of | (b) Name of | (c) Relationship with | (d) Address of |
| | minor/mentally disabled | guardian | deceased railway | guardian |
| | child | | Servant | |
+=======+==========================+==================+=========================+====================+
| 1. | | | | |
+-------+--------------------------+------------------+-------------------------+--------------------+
| 2. | | | | |
+-------+--------------------------+------------------+-------------------------+--------------------+
| 3. | | | | |
+-------+--------------------------+------------------+-------------------------+--------------------+
Head of Account to which death gratuity and family pension are debitable
Place:
Date:
(Signature of Head of office)
Section II
Details of provisional family pension and gratuity to be drawn and disbursed by the Head of Office in accordance with
rule 96
+-----------------------------------------------------------------------------+-----------------------------------------------------------------------------------------------------+
| Provisional family pension | Rs....................................................................................................pm |
+-----------------------------------------------------------------------------+-----------------------------------------------------------------------------------------------------+
| Death gratuity [amount mentioned in item 9(d) of Section I] | Rs.................................................................................................... |
+-----------------------------------------------------------------------------+-----------------------------------------------------------------------------------------------------+
Place:
Date:
(Signature of Head of office)
Part II
Account Enfacement
Section I
+-----------------------------------------------------------------------------+
| Total period of qualifying service accepted for death gratuity |
+-----------------------------------------------------------------------------+
| Total period of continuous service accepted for family pension |
+-----------------------------------------------------------------------------+
| Net amount of death gratuity after adjusting Government and railway dues |
+-----------------------------------------------------------------------------+
| Amount of family pension (Whichever is applicable) |
+-----------------------------------------------------------------------------+
+-----------------------------------------------------------+-----------------------+
| Family pension under Railway Services (Pension) Rules, 1993 | Amount of family pension|
+===========================================================+=======================+
| At enhanced rate [rule 75(4)] | |
+-----------------------------------------------------------+-----------------------+
| At ordinary rate [rule 75(2)] | |
+-----------------------------------------------------------+-----------------------+
| Additional family pension, as on date, to old family | |
| pensioner, if any, under rule 75(3A) | |
+-----------------------------------------------------------+-----------------------+
+-----------------------------------------------------------+---+---+---+---+---+---+---+---+
| Date from which family pension is admissible | | | | | | | | |
+-----------------------------------------------------------+---+---+---+---+---+---+---+---+
| Head of account to which death gratuity and family | | | | | | | | |
| pension are debitable | | | | | | | | |
+-----------------------------------------------------------+---+---+---+---+---+---+---+---+
Section II
Details of deceased railway servant
+-------------------------+-----------------------+-------------------------+-----------------------+
| Name | Date of death | Amount of family | Amount of gratuity |
| | | pension authorised | authorised |
+=========================+=======================+=========================+=======================+
| | | | |
+-------------------------+-----------------------+-------------------------+-----------------------+
| Date of commencement of | Amount recoverable | | |
| family pension | from gratuity | | |
+-------------------------+-----------------------+-------------------------+-----------------------+
Head of Account to which death gratuity and family pension are debitable
Amount of gratuity withheld pending receipt of 'No Demand Certificate'
Place:
Date:
(Signature of Accounts Officer)
8.
After Form 20, the Form 21 shall be inserted, namely:-
"Form 21"
[See Rule 55(3)]
Form of Medical Certificate
Certified that I/(We) have carefully examined.........son of
و...
a.................in the.
.His age by his
own statement is............ years, and by appearance about.........years. I/(We) consider
to be completely
and permanently incapacitated for further service of any kind in the Department to which he belongs in consequence
of.
.(here state disease or cause)."
(If the incapacity does not appear to be complete and permanent, the certificate should be modified accordingly and
the following addition should be made)
"I am/(We) are of the opinion that
is fit for further service of a less laborious character than that which he
had been doing, after resting for...........months, be fit for further service of less laborious character than that which
he had been doing."
Place
Dated the......
Medical Authority
Explanatory Memorandum:
Sub-rule (4A) of rule 75 of the Railway Services (Pension) Rules, 1993, inter alia, provide for payment of family
pension to the family of a Railway servant who dies within ten years before 1st day of October, 2019, without
completing continuous service of seven years. It is certified that none shall be adversely affected by giving
retrospective effect to the amendment.
Note-1: The amendments in rule 55 and rule 75 shall be deemed to have come into force with effect from 4th January,
2019 and 1st October, 2019 respectively.
Note-2: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii)
vide S.O. 930(E), dated the 3rd December, 1993 and was last amended vide G.S.R. 346(E), dated the 24th June, 2024.
[F. No. D-5/2019-F(E)III]
BANDANA SHARMA, Executive Director, Finance (Establishment)
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
Login to read full text