Uttarakhand Retirement Benefits Act, 2018
No: 17 Dated: Apr, 13 2018
Uttarakhand Retirement Benefits Act, 2018
[Uttarakhand Act No. 17 of 2018]
An Act for providing retirement benefits after the term of substantively appointed personnel under the State Government services.
Enacted by the Uttarakhand Legislative Assembly in the 69th Year of the Republic of India;
Part-I
1. Short title, commencement and application of the Act:- (1) This Act may be called the Uttarakhand Retirement Benefits Act, 2018.
(2) This Act shall be applicable on the personnel substantively appointed before the date of 1st October, 2005 under the services of State Government in the case of completion of superannuation age, voluntary retirement and compulsory retirement and in the case of death of any personnel, shall be applicable on the dependents of such personnel;
Provided that the personnel appointed substantively from the date of 1 st October, 2005 shall be governed by new contributory pension plan;
Provided further that such service of personnel which is-
(a) Not full time employment;
(b) Service done on contract, work charged, part time, daily wages, adhoc and fixed salary;
(c) Service done as extension of service/ re-appointment/ end of session benefit after completing superannuation age.
(d) Service break between a service to another service;
(e) Duration of non permissible absence except the period of assuming charge/ bound waiting period in consequence of the transfer from a post to another post;
(f) Period of consuming leave without sanctioning;
(g) Any kind of absence in service, where the leave is not remain to sanction;
Pension shall not permissible for mentioned services in the clause (a) to (g).
2. Overriding effect:- Notwithstanding anything contained in any others law made before its commencement, this Act shall prevail.
3. Definitions:- Unless anything is repugnant to the subject and context, in this Act-:
(a) "Constitution" means the Constitution of India.
(b) "Government" means the State Government of Uttarakhand;
(c) "Governor" means the Governor of Uttarakhand.
(d) "Pension Sanction Officer" means officer as authorised in this form by the Government from time to time;
(e) Pension includes gratuity, except in such conditions when only service gratuity is payable, it is not part of pension.
(f) "Emolument" means such salary which is defined under financial hand book volume-II part II to IV;
(g) "Substantive appointment" means such appointment on any post in cadre of service which are not appointed on contract, work charged, part time, daily wages, Adhoc and fixed salary and whose selection has been done according to service related service rules;
(h) "Permanent and Temporary service" means such service which has been done after substantive appointment on permanent and temporary post in Government department.
(i) "Government Servant" means such Government servant (whether he is in any category) who is substantively appointed on pension eligibility post under the Government;
(j) "Qualifying service" means such service which has been done as substantive/ regular term of service under the State service;
(k) "Retirement" means to relinquish office from Government service on superannuation, voluntary retirement and compulsory retirement;
(l) "Prescribe" means prescribed in rules.