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Rules of Contributory Provident Fund-Insurance-Pension Scheme (The Triple Benefit Scheme) for the Employees Serving in State Aided Educational Institutions run by Local Bodies or Private Managements

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Chapter I

General

(1) Primary Schools;

(2) Junior High Schools;

(3) Higher Secondary Schools;

(4) Degree Colleges;

(5) Training Colleges.

(b) An employee already in permanent service on the date of enforcement of these rules shall be given an option to elect these new rules or to continue to be governed by the existing rules applicable to him.

(c) No employees shall be allowed option to choose only a part of the Scheme except as otherwise specifically provided for in these rules.

(d) Option once exercised shall be final.

Chapter II

Definitions

(a) "Children" means legitimate children;

(b) "Contribution" means the contribution of the management of an institution or of the Government or both, as the case may be, to the contributory provident fund account of an employee;

(c) "Controlling Authority" in respect of different categories of Educational Institutions shall mean-

(i) "The Director of Education, U.P.," in case of Degree and Training Colleges;

(ii) "The Deputy Director of Education of the Region" in case of all Higher Secondary Schools;

(iii) "The District Inspector of Schools" in case of all Junior High Schools and Primary Schools;

(d) "Department" means the Department of Education, U.P;

(e) "Director" means the Director of Education, U.P. or any other officer authorised to exercise the powers of the Director of Education in regard to these rules;

(f) "Employment" means the substantive pay and any special pay admissible under these rules for purposes of assessment of maintenance grant;

(g) "Employee" means a permanently employed person borne on the whole-time teaching or non-teaching establishment of an aided institution, excluding-(a) the inferior staff, and (b) the ministerial staff of the institutions maintained by a Local Body;

(h) "Fund" means the Contributory Provident Fund;

(i) "Family" includes the following relatives wholly dependent on the employee:

(i) Wife in the case of male employee;

(ii) Wife in the case of male employee;

(iii) Husband, in the case of a female employee;

(iv) Sons;                        } Including such step children

(v) Unmarried and widowed daughters;        } and adopted children.

(vi) Brothers below the age of 13 years and unmarried and widowed sisters (including such step brothers and step sisters);

(vii) Father;

(viii) Mother;

(ix) Married daughters (including step daughters); and

(x) Children of a pre-deceased son.

(j) "Government" means the Government of Uttar Pradesh;

(k) "Inferior Staff means the last grade servants of the category of Class IV employees in Government offices, employed in aided institutions;

(l) "Institution" means an aided school or college referred to in Rule 3 above;

(m) "Leave" means any kind of leave, admissible to an employee under the relevant Service Rules applicable to him;

(n) "Local body" means a duly constituted Local Authority and recognised by government as such and includes the Nagar Mahapalika, Nagar Palika, Zila Parishad, Cantonment Board, Notified Area Committee and Town Area Committee;

(o) "Management" means a Committee of Management of privately managed institution, or a Local Body or any other body vested with the powers to manage the affairs of an institution and recognised by Government as such;

(p) "pension" means the pension payable to an employee under the rules in Chapter V of these Rules;

(q) "Policy" means an Insurance Policy taken by an employee on his/her life with the Life Insurance Corporation of India or Postal Life Insurance under these rules;

(r) "Subscriber" means any employee who is required or permitted to subscribe to the Contributory Provident Fund and has been subscribing thereto;

(s) "Whole-time employee" means an employee who is appointed in an institution on whole-time basis.

(t) "Year" means financial year.

Chapter III

Contributory Provident Fund

Chapter IV

Life Insurance

Note. - The terms and conditions under which a policy will be issued by the Life Insurance Corporation of India/The Postal Life Insurance shall be binding upon the employees.

Note. - The premium for a policy in respect of which withdrawal of subscriptions from the Fund may be permitted under Rule 11 shall not be payable otherwise than annually.

Chapter V

Pension

(i) retirement on attaining the age of superannuation or on the expiry of extension granted beyond the superannuation age;

(ii) voluntary retirement after completing 25 years of qualifying service;

(iii) retirement before the age of superannuation under a medical certificate of permanent incapacity for further service; and

(iv) discharge due to abolition of post or closure of an institution due to withdrawal or recognition or other valid causes.

Notes. - (1) The age of compulsory retirement of an employee shall be such as prescribed in the relevant rules applicable to him.

The date of superannuation shall be reckoned from the date of birth of an employee as entered in his Service Book or other records. In case the year of birth only is known, but not the month, the first July of the year shall be taken as the date of birth. Similarly when both the year and the month of birth are known, but not the date, the 16th of the month shall be taken as the date of birth.

(2) An employee may retire from service voluntarily any lime after completing 25 years of qualifying service, provided that he shall give in this behalf a notice in writing to the management at least 3 months before the date on which he wishes to retire.

(a) The full pension admissible under these rules will not be sanctioned unless the service rendered has been considered satisfactory and is approved by the Controlling Authority.

(b) If the service has been thoroughly satisfactory the authority sanctioning the pension may order such reduction in the amount as it thinks proper.

(b) Continuous, temporary or officiating service followed without interruption by confirmation in the same or another post shall also count as qualifying service (See also C.S.R. Para 422).

(c) Leave without allowance, suspension allowed to stand as a specific penalty, over-stayal of joining time or leave not subsequently regularised, and period of breaks in service shall not be reckoned as qualifying service.

(d) Periods of breaks between 2 periods of service due to termination of service, for no fault of the employee shall not be treated as interruption involving forfeiture of post qualifying service. In other cases breaks due to other causes shall result in forfeiture of past service unless condoned by Government.

(e) Time passed on earned leave shall fully count as qualifying service, but time passed on other kinds of leave with allowances shall count as qualifying service as follows:

(i) If the total service is not less than 13 years, but less than 30 years, one year of such leave shall count as qualifying service;

(ii) If the total service is not less than 30 years, two years of such leave shall count as qualifying service.

Notes. - (1) The term "Earned Leave" means leave on full average pay.

(2) In case of a married woman employee time passed on maternity leave may be allowed to count as qualifying service, provided that the period covered by such leave and also earned leave shall not exceed what would have been admissible had she availed of the whole of the earned leave to which she was entitled under the rules.

(3) "Total Service" means total service reckoning from the date of commencement of service qualifying for pension and includes periods of leave referred to above.

(4) The service put in by an employee before he has completed 18 years of age or after attaining the age of superannuation unless extended by competent authority or on reemployment after retirement shall not qualify for pension.

(5) The entry relating to confirmation of an employee in the service book shall be countersigned.

(6) In cases not covered by these rules qualifying service shall be determined by Government and its decision shall be final.

Note. - In cases where the qualifying service is less than the prescribed minimum the deficiency should not be condoned.

(a) in the event of death while in service one-half of the superannuation pension which would have been admissible to the employee had he retired on the date following the date of his death; and

(b) in the event of death after retirement one-half of the pension sanctioned to the employee at the time of his retirement.

(a) to a person mentioned under 5(k), unless the Controlling Authority is satisfied that such person was dependent on the deceased employee for support;

(b) to an unmarried female member of the family in the event of her marriage;

(c) to a widowed female member of the family in the event of her re-marriage;

(d) to a brother of deceased employee on his attaining the age of 11 years; and

(e) to a person who is not a member of the deceased employee's family;

(a) A pension sanctioned under this Chapter shall be granted-

(i) to the eldest surviving widow, if the deceased was a male employee or the husband, if the deceased was female employee;

(ii) failing the widow or husband, as the case may be, to the eldest surviving son:

(iii) failing (i) and (ii) above, to the eldest surviving unmarried daughter;

(iv) these failing to the eldest widowed daughter.

(b) In the event of the pension not becoming payable under clause (a) the pension may be granted-

(i) to the father;

(ii) failing the father, to the mother;

(iii) failing the father and mother both, to the eldest surviving brother below the age of 18;

(iv) failing to the eldests surviving, unmarried sister;

(v) failing (i) to (iv) above, to the letest surviving widowed sister; and

(vi) failing (i) to (v) above, to the children of a pre-deceased son in the order it is payable to the children of the deceased employees under clause (a) (iii) and (iv) above.

Note. - The expression "eldest surviving widow" occurring in clause (a) (i) above should be construed with reference to the seniority according to the date of marriage with the employee and not with reference to the age of surviving widow.

(b) (i) An employee may at any time cancel a nomination by sending a notice in writing to the controlling authority, provided that the employee shall along with such notice, send a fresh nomination made in accordance with these rules.

(ii) Every nomination made, and every notice of cancellation given by an employee under this Rule, shall be sent by the employee to the Controlling Authority who immediately on receipt of it shall countersign it indicating the date of receipt and keep it under his custody.

(iii) Every nomination made and every notice of cancellation given by an employee shall, to the extent it is valid, take effect on the date on which it is received by the authority mentioned in clause (ii) above.

(c) A pension awarded under this Chapter shall not be payable to more than one member of the deceased employee's family at the same.

Chapter VI

General Provisions

(ii) Disbursement of anticipatory pension/family pension may be authorised by the Controlling Authority in case of delay in the issue of former Pension Payment Order.

(iii) On receipt of the Pension Payment Order the disbursement of the pension shall be made in case of an employee of a Local Body by the body concerned and in the case of a privately managed Junior High School, Higher Secondary School, Degree or Training College, by the management of the institution.

(iv) The amount of pension shall be treated as a legitimate charge in the manager's return and be paid to the management along with the regular grant-in-aid of the institution.

Appendix 'A'

* Those who have completed 11 years but not 30 years of age.

** Those who have completed 30 years but not 35 years of age.

Savings-cum-Insurance Scheme for the Teachers and Employees of State aided High and Higher Secondary Schools in Uttar Pradesh.

Procedure for Statement of Claim

(a) Death Certificate in original (with two copies).

(b) Nomination if already filed by the deceased member (with two copies).