Railway Services (Pension) Rules: RBE No.44/2012 – Amendment Notification
No.F(E)III/2010/PN1/4, dated 28.03.2012
NOTIFICATION
G.S.R.66 – 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) (Amendment) Rules, 2012.
(2) They 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), in rule 15, in sub-rule (3), in clause (a), after the words “licence fee”, the following shall be inserted, namely:-
“as well as damages (for the occupation of the Railwny or Government accommodation beyond the permissible period after the date of retirement of allottee)”
3. In rule 16 of the said rules:-
(i) in sub-rule (5) for the words “ten per cent of gratuity or one thousand rupees, whichever is less”, the words “ten per cent of gratuity” shall be substituted.
(ii) for sub-rule (6), the following sub-rule shall be substituted, namely:-
“(6) The recovery of licence fee (where it is not possible for the Directorate of Estates to determine the outstanding licence fee) as well as damages (for the occupation of the Government accommodation beyond the permissible period after the date of retirement of allottee) shall be the responsibility of the Directorate of Estates and the withheld amount of gratuity under sub-rule (5) above, the retiring Government employees, who are in occupation of Government accommodation, shall be paid immediately on production of “No Demand Certificate” from the Directorate of Estates after actual vacation of the Government accommodation.
(6A) The Directorate of Estates shall ensure that “No Demand Certificate” shall be given to the Government employee within a period of fourteen days from the actual date of vacation of the Government accommodation and the allottee shall be entitled to payment of interest (at the rate applicable to General Fund deposit determined from time to time by the Government of India) on the excess withheld amount of gratuity which is required to be refunded, alter adjusting the arrears of licence fee and damages, if any, payable by the allottee and the interest shall be payable by the Directorate of Estates through the concerned Accounts Officer of the Government employee from the actual date of vacation of the Government accommodation up to the date of refund of excess withheld amount of gratuity.
(6B) On account of licence fee or damages remaining unpaid after adjustment from the withheld amount of gratuity mentioned under sub-rule (5) above, may be ordered to be recovered by the Directorate of Estates through the concerned Accounts Officer from the Dearness Relief without the consent of the pensioners and in such cases no Dearness Relief shall be disbursed until full recovery of such dues has been made.”
4. In rule 98 of the said rules, in sub-rule (1), in clause (i), in sub-clause (g), in item (5), in sub-item (v), the words “ten per cent of the death-cum-retirement gratuity or one thousand rupees, whichever is less”, the words “ten per cent of the death-cum-retirement gratuity” shall be substituted.
Note: The Principal rules published vide, Notification number S.O. 930 (E), dated the 3rd December, 1993 and subsequently amended as follow:
| S.No. | Notification number | Published in the Gazette of India Part II Section 3, Sub-section (ii) | Ref. RBE No. | ||
| Date | S.O.No. | Date of Publication | |||
| 1 | F(E)III/94/PN1/31 (Amendment) | 03.02.1995 | 511 | 25.02.1995 | 03.02.1995 |
| 2 | E(G)94 EM 1-6 | 31.03.1995 | 1026 | 15.04.1995 | – |
| 3 | F(E)III/99/PN 1/38 (Modification) | 23.05.2000 | 1554 | 15.07.2000 | RBE No.100/2000 |
| 4 | F(E)III/97/PN 1/14 (Amendment) | 24.05.2000 | 1553 | 15.07.2000 | RBE No.101/2000 |
| 5 | F(E)III/2000/PN 1/23 | 18.10.2001 | 1081 | 30.03.2002 | RBE No.209/2001 |
| 6 | E(G)2002 EM 1/1 | 23.07.2002 | 1214(E) | 04.11.2004 | RBE No.139/2002 |
| 7 | F(E)III/2003/PN1/38 (Amendment)I | 31.12.2003 | 1488(E) | 30.12.2003 | RBE No.222/2003 |
| 8 | F(E)III/2004/PN 1/21 (Amendment) | 07.12.2004 | 3191 | 18.12.2004 | RBE No.251/2004 |
| 9 | F(E)III/2003/PN 1/25 | 20.01.2005 | 399 | 05.02.2005 | RBE No.15/2005 |
| 10 | F(E)III/2003/PN 1/1 | 10.03.2005 | 1001 | 19.03.2005 | RBE No.41/2005 |
| 11 | F(E)III/2003/PN 1/1 | 30.03.2006 | 1306 | 08.04.2006 | RBE No.42/2006 |
| 12 | E(G)2007 EM 1/1 | 19.09.2007 | 3005 | 13.10.2007 | RBE No.117/2007 |
| 13 | F(E)III/2008/PN 1/10 | 22.10.2008 | 2944 | 25.10.2008 | RBE No.157/2008 |
Download Railway Board Circular RBE No.44/2012
Forward reference ⇒ RBE No.18/2021,