\ r “THE ORISSA AIDED EDUCATIONAL INSTITUTIONS” EES NAL INS TONS’ EMPLOYEES’ RETIREMES BENEFIT RULES, 1981 —_ CHAPTER I Preliminary @) They shall come into foree# on such cate as 1 vernment may, by ‘order, in ta Dante come int ‘h cate as the Govern 1y, by “order, appoint 2. (1) In these rules, unless there is aaything repugnant ia the subject or context:— (a) “Act” means the Orissa Fducstion Act, 1969 (Orissa Act 15 of 1569); ened) g pestume Retirement Gratuty® means the teuth-cum eliremeat gratuity payable (® “Director” means the Director of Public Instruction, Orissa and includes such other Officer not below the rank of a Deputy Director of Public Instcuction who may be suthorised by the Stare Goverament, from time to time, by geacral or special order to-perform all or any of the fusetioas and exerci all or any of tae. powers ofthe rectors (© “Employee” means an employee of an ¢ -ucational institution of the category specified oder rule 3: (1) “Gratuity” means giatuily payable uader Sub-rule (1) of Rule $5 (d) “Institution” means an educational institution as defined in clause (e) of section 3 of the Act {(©) “Pension” means the peasion payable under gub-rule (2) of rule 8:] “{(J) “Pension Sanctioning Authority” means the District Inspector of Schools in case of employees of Primary Schools, Junior Basic Schools, Senior Basic Schools unt Middle Schools; Inspector of Schools in case of employee: of High Schools, Director of Public Instruction (Higner Education), Orissa in case of employees of collegs and Superiaten- deat, Sanskrit Studies in case of employees of Sanskrit Tols.) (2) All other words an ' expressions used but not defined hercin shall have the same meaning as are respectively assignes to them in the Act. jee rules shall apply to the teaching and non-teaching staff of all recognised non- nerarrent Colleges, High Schools, ‘Senior Busic Schools and M. E. Schools which come under the direc! payment system and all’ non-Government Primary Schools including Sanskrit Tols and Junio Basic Schools fully aided by Goverment in the Education & Youth Services Depa:tment directly or through Panchayat Sauitis constituted under the Orissa Panchayat Samiti Act, 1959 or through a Notified Area Council or Municipality constituted under the Orissa Municipal Act, 19! Provided that Goverament may, by general or special order as ‘may b: issued in that behalf, specily any othe’ educational institution or category of institutions and the stall working therei to whom the rules shall apply. 1. Made in exercise of the powers conferted by subssectiga (1) of section 27 read with section 10 (1) of O. E. Act, 1969 (Or, Act 13 Of 1969) pubished in'S..K-O. ND. 824/81 videO. G- ENO. 1739, dated 23-12-1981 2. Cameinto force with effect from 1-4-1982 vide S. R, O. No, L18/82 published in 0, G. E. No. 234, dated 20-2492 3 Insceted by 8, R. O. No. 802/83 Vide O. G. E. No. 1610, dated 7-12-1983 4. Inserted by ibid 5. Substituted by ibid 6, Substituted by S. R, 0. No. 89/83 vide 0. G. E. No. 190, dated 15.219832 CHAPTER It Pension, Geatity, anJ Death-ciom-Retirement Gratuity) 4. Subject to the conditions in other rales under the chapter, an employee shall be cligible for pension or gratuity, as the esse may be ; (2) On retirement by roason of his attaining the age of superanni (2) Onvoluntary retirement or retirement by the eppointing of thirty years of qualifying service of the age of filly years; oF after completion thority wn on medical certificate of permanent incapacity (3) On retirement hefore the superannu: for farther (4) On termination of service due to the abolition of the post; or (5) On. closure of the college or school, as the case may bs, due to withdrawal of recognition of the said college or school or other causes: Noe—I. The preceture for retirement on medical certificate under clause (3) shall be the same as under the Orissa Pension Rules, 1977 a3 amended from time to time. Note 2. In_regard to clause (1) the age of superannuation of the employers shall be as prescribed by Government fn the Education and Youth Services Department. Nort—3. The ag: and date of retirement_of en employee shall be reckoned from the date of birth of the employee os citered in his Service Book/Record. In case the year of birth only is Trecordel} but not the month and cats, the Ist July of the year shall be taken as the date of birth. When both the year and the month of brrth ave “eecorded] but not the date, the V6ih of the month shall be taken as to date of bicth. Nore—4, An employee may retire from service voluntarily at any time after completing thirty years or qualifying service of the age of fifty years provided thet he shall give a notice in wiriting to the conceined appointing authority at least three months before the date on which he wishes to retire. It shell be open to the appointing authority to withhold permission to the employee who secks to retire under this rule, if any disciplinary action is pending against him. con also retire an employee at any time after he has completed rvice or the age of filty years, provided that the appointing authocity 1g 10. the employee at least three months before the date on which ‘oF shall pay to the employee en amount equal to thtee months pay in The appointing authori thirty years of quilitying shall give a notice in “w he is required to ret Tien of notice, matter of courss, 5, (I) Full pension admissible under these rules is, not to, be given as unless the service render < bas been approved by the pension senctioning authorit factory, the authority sanctioning the pension ‘opportunity of making his defence may order ©) If the service is not thoroughly si afier giving the employes concerned reason stich reduction of the amount as it thinks proper, (3) Whenever an order reducing the pension of an employee is passed, the employee sfiscted shall have a ight of appeal to the authority to whom an appeal from an order of dismiseal or removal lies Tn computing the length of qualifying service of an employee retiring on or after the Ist day of April 1982, all previous services except thos rendered prior to his attaining the 1 Sr etdutcen years, whother temporary. oficiating or permanent either in One or more thar one recognised educational institutions, shall, subject to the conditions specifi. in sub-rates (2), (3), (4) and (5), be taken into account for the purpose of retirement Bonefits under there rules. ] 6.1) 1 Substuted by S. R. O. No, 802/83, vide 0. G.E. No. 1610, dated 7-12:1983 2 Substitited by ibid 3. Substituted by ibid 4, Subettnted by ibid2 (@ Notwithstanding any change in the pattern of gra: 3, an employee serving in that institution will not lose the p ‘merely because of change in the pattern of grant-in-aid. G) War Service or Military Service rendered by an employee shall count as service qualifying | for pension to the extent permissible under the rales and or-ers applicable (0 the State Government employees. aid to an institution under rule iod of this service in that institution (4) All leaves exeopt extraor tinaty leave (i. ¢, leave without pay) count for pension: Provided that in the case of extraordinary leaye the appropriate authority may, at the time of sanctioning such leave, allow the period of that leave to count as qualifying service for pension if such leave is granted to an employee— G@) on medical certificate ; or Gi) due to his inability to join oF re-join calcalated on the basis of “pay” dcawn during the last ten months preceding the date of retirement. Nore~2, Only completed year of qualifying service shall_be taker into account for the Parpose of calculating the pension.or gratuity as the case may be. Fraction of a ver chall nat be jajeen inty aceount, 10. Jfaa employee retircs or dics on or after the first day of April 1982, having completed five years of qualifyins service, the death-cion-retirement gratuity in. respect of employee shall be paid at the following rate, namely :— saree ee OF Oe Complete! years of qualifying Rate of death-cum-reticement service gratuity ay ® (i) Five pears : a agence ay? (i) Execerting five years but not exceeding fifteen 32 months pay vars, (G7) Exose ting fiftezn years bat not exczeding 5 $ months pay twenty-five, (i) Exczeding twenty-five years 74 months pay 3110. (1) Tho Pension/Gratuity and Death-cim-Retirement Gratuity found admissible shall be sanctioned by the Pension Sanctioning Autrority. On. receipt of order of sanction ‘ozether with the connected documents, the same shall be verifed by an officer as may be authorised by Government, who shall, after due verification issue necessary payment order in. favour of the employee concerned. In case of delay, payment of provisional Pension/Gratuity and Death-cun- Retiremcat Gratuity to the extent of 2/.Td Of the amount finally admissible may be sanctioned by the competent authority for six months.] + [Q) Where any dues of the institution are outstanding aeninst the employes at the time of his retirement or death, it shall, be roeo-red from his. gratuity ot death-cram-relirement gratuity fasthe case may he, in ease he fails to clear up the dues through Pink Draft to the appropriate authori |. Substitared ty S. R- 0. No. 802/83 vide O. G. E. No. 1610,dated 7-12.1983 Substituied by S. R. 0. No. 89/83 vide ©. G. E. No. 190, dated 15-2-1983 Substitted by:S. RO. No, 802/83 vide O. G. E. No. 1619, dated 7-12-19835 Provided that, if the gratuity or death-cum-retirement gratuity admissible to the employee is not sufficient for recovery of the outstanding dues of the institution, the balance amount may subject to the consent of the pensioner or his boncfiziaries, be recovered from the arrear pension. (2) No temporary increase in pension shail be allowed. 12, The various provident fund rules as were applicable to the institutions envisaged ynder rule 3 shall contiouc to be applied in their cases without aay Governmeat share. Those who ‘were or are subscribing to any type of Provi:ient Fund will got back their own subscription with interest only from the institutions with whom such Provident Fund balances are maiatained om retirement. If the employer contributed any amount to such Provident Fund the same will be Gtedited to Government Account, Repeal 13. All rules, instructions, orders, resolutions, cte., corresponding to these rules und in force immediately before the commencement of these rule: are hereby repealed. Iaterprvta- 14. If any question arises relating to the interpretation of these rules it shall be referred to tion. Government for decision. OGP—MP-IV(E. & Y. S.) 25—500—10-10-1985