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State of Tamilnadu - Section

Section 58 in Tamil Nadu Pension Rules, 1978

58. Further action to sanction pension.

(1)
(a)The Audit Officer concerned shall send to every Government servant, under intimation to the Head of the Department, or where their retiring Government servant is himself the Head of the Department, to the Administrative Department concerned, the application for pension in Form 5 one year in advance of the date on which the Government servant attains the age of superannuation or before the date of his anticipated retirement, if earlier with the request that it should be returned to him duly completed within a period of [six months] [Rule 58(3)(a), for the words 'three months', the words 'six months' substituted - G.O.Ms.No.242, Finance (Pension) Department, dated 08-05-1997 with effect from 19th November 1985.], from the date of issue of intimation to the Government servant by him but in no case later than the actual date of retirement.
(b)The Audit Officer shall also draw the attention of the retiring Government servant to the provisions of rule 78.
(2)On receipt of a copy of application for pension from the Audit Officer, the retiring Government servant shall return it duly completed to the Audit Officer within the period mentioned in sub-rule (1) under intimation to the Head of the Department or the Administrative Department if he is himself the Head of the Department.
(3)
(a)The Head of the Department or the Administrative Department shall communicate the orders of the pension sanctioning authority to the Audit Officer in Form 5 within a period of [six months] [Rule 58(3)(a), for the words 'three months', the words 'six months' substituted - G.O.Ms.No.242, Finance (Pension) Department, dated 08-05-1997 with effect from l9h November 1985.] from the date of receipt of the intimation referred to in sub-rule (1) but in no case later than the date of retirement of the Government servant.
(b)If the orders of the pension sanctioning authority are not received by the Audit Officer within the period mentioned in clause (a) he shall assume that the retiring Government servant has been allowed full pension or gratuity or both as admissible under the rules.
(c)If, after the communication of the order of sanction to the Audit Officer, any event occurs which has a bearing on the amount of pension admissible, the fact shall be promptly reported to the Audit Officer by the pension sanctioning authority.
(d)In case no such event has occurred, a report to that effect together with a certificate as to the satisfactory nature of the service rendered by the Government servant after the despatch of Form 6 mentioned in clause (a) shall be forwarded to the Audit Officer within a week of the date on which the Government servant retires.
(4)The Head of Office shall furnish to the Audit Officer at least [two months] [Rule 58(4), for the words 'fourteen days', the words 'two months' substituted - G.O.Ms.No,242, Finance (Pension) Department, dated 08-05-1997.] before the date of retirement of the Government servant, the following particulars, namely.-
(a)Government dues recoverable out of the gratuity-
(i)contribution towards contributory family pension, if applicable:
(ii)Government dues which have been ascertained and assessed:
(iii)Dues to local bodies or to the staff co-operative societies comprising of Government servants and registered under the Tamil Nadu Co-operative Societies Act or to the corporation owned/controlled by the Government.
(b)amount of gratuity to be held over for adjustment of Government dues which have not been assessed so far.
Provided that the Audit Officer shall not be required to withhold an amount of gratuity for adjustment of Government dues which have not been assessed, if under rule 71 the Government servant has made a cash deposit or furnished a surety of a permanent Government servant.
(5)When the Government servant has retired from service a notification in the Official Gazette specifying the actual date of his retirement shall be issued within a week of such date and a copy of every such notification shall be forwarded immediately to the Audit Officer:Provided that where a notification in the Official Gazette regarding the grant of leave preparatory retirement to a government servant is issued, a further notification that the Government servant actually retired on the expiry of such leave shall not be necessary unless the leave is curtailed and the retirement is for any reason ante-dated or postponed.
(6)The Audit Officer shall finally assess the pension and gratuity. If the pension is payable in his circle of audit, he shall, after taking into account the orders of the pension sanctioning authority [***] [Rule 58(6) the expression 'and the audit enfacement on Section I of Fart III of Form 7' omitted - G.O.Ms.No.49, Finance (Pension) Department, dated 19-01-1996.] and the dues mentioned in sub-rule (4), prepare the Pension Payment Order and order for the payment of gratuity.Provided that the Pension Payment Orders and order for the payment of gratuity shall not be issued more than a fortnight in advance of the date on which the Government servant is due to retire.
(7)If the pension is payable in another circle of audit, the Audit Officer shall send the necessary payment authority to the Audit Officer of the circle who shall arrange payment at the Treasury concerned.
(8)The fact of the issue of the Pension Payment Order and order for the payment of gratuity shall be promptly reported to the pension sanctioning authority.
(9)[ (a) The calculation sheet of the Government servant shall be prepared by the Audit Officer in quadruplicate in Form 26.
(b)The Audit Officer, while issuing the authorization shall retain one copy of such calculation sheet for his office record and forward the remaining such three certified copies to that calculation sheet to each of the following persons, namely;-
(i)The pensioner along with the pensioner's half of Pension Payment Order;
(ii)The Pension Disbursing Officer, and
(iii)The Head of the Department or pension sanctioning authority, as the case may be.
(c)The Head of the Department or Pension Sanctioning Authority, as the case may be, on receipt of the calculation sheet from the Audit Officer, shall keep it in safe custody after making necessary entries in the Register to be maintained for the purpose with proper index,]