Meghalaya Civil Services(Pensions) Rules 1983
No: FIN (RR) 1/80 Dated: May, 05 1983
GOVERNMENT OF MEGHALAYA
FINANCE (REVISION OF RULES AND MANUALS)
DEPARTMENT
FIN (RR) 1/80 – In exercise of the power conferred by the proviso to Article 309 of the Constitution of India , and in supersession of all the Rules made under the “Assam Service (Pension) Rules, 1969” as adapted by the Government of Meghalaya, the Governor of Meghalaya is pleased to make the following rules, namely –
CHAPTER I
PRELIMINARY
1. Short Title and Commencement – (1) These rules may be called the Meghalaya Civil Services (Pension) Rules, 1983.
(2) They shall come into force with effect from the date of publication.
2. Application – i) Save as otherwise provided in these rules, these rules shall apply to every Government Servant appointed to civil services and posts in connection with the affairs of the State of Meghalaya and who are borne on establishment not declared as non-pensionable.
ii) These rules shall not apply to –
a) Persons in a work-charged establishment. b) Persons in casual and daily rated employment. c) Persons paid from office expenses.
d) Persons entitled to the benefit of Contributory Provident Fund.
e) Persons employed on contract except when the contract provides otherwise; and
f) Persons whose terms and conditions of service are regulated by any rules for the time being in force.
3. Definitions – In these rules, unless the context otherwise requires –
1) a) ‘Audit Officer’ means the Accounts and Audit Officer, whatever his official designation, who authorises the disbursement of pay and allowances of a Government servant or pension of the retired Government Servant.
b) ‘Average emoluments’ means average emoluments as determined in accordance with rule 29.
c) ‘Child’ means a child of the Government servant who, if a son is under eighteen years of age and if a daughter is unmarried and is under twenty one years of age and the expression ‘children’ shall be construed accordingly.
d) ‘Emoluments’ means emoluments as defined in rule 28.
e) ‘Family Pension’ means family pension admissible under rule 46.
f) ‘Foreign Service’ means service in which a government servant receives his pay with the sanction of the Government from any source other than the Consolidated Fund of India or the Consolidated Fund of a Union Territory.
g) ‘Form’ means a form appointed to these rules.
h) ‘Governor’ means the State Government.
i) ‘Gratuity’ includes –
(i) ‘services gratuity’ payable under sub-rule (1) of rule 39;
(ii) ‘death-cum-retirement gratuity’ payable under sub-rule (1) of rule 40; and
(iii) ‘residuary gratuity’ payable under sub-rule (2) of rule 40.
j) ‘Head of a Department’ means an authority specified in Schedule IV to the Delegation of Financial Powers Rules, 1981 and includes such other authority or persons whom the Governor may, by order, specify as Head of a Department.
k) ‘Head of Office’ means a gazetted officer declared as such under rule 28 of the Meghalaya Financial Rules, 1981.
l) ‘Local Fund administered by Government’ means the fund administered by a body which, by law or rule having the force of law, comes under the control of the Government and over whose expenditure the Government retains complete and direct control.
m) ‘Minor’ means a person who has not completed the age of eighteen years.
n) ‘Pension’ includes gratuity except when the term pension is used in contradistinction to gratuity.
o) ‘Pension sanctioning gratuity’ means the authority competent to sanction pension under rule 59.
p) ‘Qualifying service’ means service rendered while on duty or otherwise which shall be taken into account for the purpose of pensions and gratuities admissible under these rules.
q) ‘Retirement benefits’ includes pension or service gratuity, and death-cumretirement gratuity, where admissible.
r) ‘Treasury’ includes a Sub-Treasury.
2) Words and expressions used herein and not defined but defined in the Fundamental Rules have the meanings respectively assigned to them in these rule.