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State of Uttar Pradesh - Section

Section 2 in U.P. Zila Panchayat Officers (Central Transferable Cadre) Retirement Benefit Rules, 2001

2. Definitions.

- In these rules unless there is anything repugnant in the subject or context-
(1)"Adhiniyam" means the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (U.P. Act No. 33 of 1961) as amended, from time to time.
(2)"Average emoluments" means the average emoluments drawn during the last 10 months immediately preceding the month in which the officer concerned has to retire or as admissible to servants of the State Government, from time to time.
(3)"Central Transferable Cadre" means a cadre created by the State Government under the Adhiniyam.
(4)"emoluments" means-
(a)Pay as defined in Fundamental Rules 9 (21) of the U.P. Financial Hand Book, Volume II, Parts II to IV, as amended from time to time, which the officer was drawing immediately preceding month of his retirement, and
(b)dearness pay or the like if any, which may be admissible to the officer at the time of retirement or death ;
Provided that if an officer was on leave at the time of retirement or death, as the case may be, his emoluments shall be deemed to be what they would have been, had he not been on leave at that time.
(5)"Family" includes the following relatives of an officer-
(a)wife in the case of male officer,
(b)husband in the case of female officer,
(c)sons-including step children, and adopted children.
(d)unmarried and widowed daughters.
(e)brothers below the age of 18 years and unmarried and widowed sisters (including step-brothers and stepsisters);
(f)father,
(g)mother,
(h)married daughters (including step-daughters), and
(i)children of a predeceased son.
(6)"form" means a form as prescribed for the servants of State Government;
(7)"Mukhya Adhikari" means Mukhya Adhikari or Upper Mukhya Adhikari of Zila Panchayat;
(8)"Mukhya Karyakari Adhikari" means an officer of Zila Panchayat, Anushrvan Kosthak, Uttar Pradesh, Lucknow not below the rank of Deputy Director nominated by State Government for maintenance and superintendence of the Revolving Fund. He shall also perform the duties of Mukhya Adhikari under these rules in respect of officers appointed in or retired from Zila Panchayat Anushrvan Kosthak ;
(9)"Officer" means an officer or servant of Zila Panchayat Central transferable cadre appointed substantively to a pensionable post who holds a lien on such post or would have held a lien on such post had his lien not been suspended ;
(10)Pensions for service are divided into the following four classes :
(a)"Superannuation pension" means pension granted to an officer who is entitled or compelled by rules to retire at a particular age (58 Years) ;
(b)"retiring pension" means pension which may be granted to an officer attaining the age of 58 years and includes pension that may be granted to an officer who is required to retire at or after the age of 55 years and also includes pension granted after completion of an age of 50 years or on completion of 20 years qualifying service voluntarily sought for ;
(c)"invalid pension" means pension awarded on retirement from the Zila Panchayat service to an officer who by bodily or mental infirmity is permanently incapacitated for the Zila Panchayat service or for the particular branch of it to which he belongs ;
(d)"compensation pension" means if an officer is selected for discharge owing to the abolition of a permanent post. He shall unless he is appointed to another post, the conditions of which are deemed by authority to discharge him to be at least equal to those of his own have the option-
(a)of taking any compensation pension or gratuity to which he may be entitled for the service that he has already rendered, or
(b)of accepting another appointment or transfer to another establishment even on a lower pay, if offered and continuing to count his previous service for pension;
(11)"pensionable post" means post in respect of which the following conditions are fulfilled-
(a)the service must be under the Zila Panchayat,
(b)the employment be substantive and permanent, and
(c)the service must be paid by Zila Panchayat or the Zila Panchayat Anushrvan Kosthak, as the case may be;
(12)"qualifying service" means service which qualifies for pension in accordance with the provisions of Regulation 368 of the Civil Service Regulations :Provided that continuous temporary or officiating service under the Zila Panchayat followed without interruption by confirmation in the same or any other post except-
(i)periods of temporary or officiating service under the Zila Panchayat in a non-pensionable establishment,
(ii)periods of service in a work-charged establishment, and
(iii)periods of service in a post paid from contingencies, shall also count as qualifying service;
Note. - If service rendered in a non-pensionable establishment or in a post paid from contingencies falls between two periods of temporary service in a pensionable establishment or between a period of temporary service and permanent service in a pensionable establishment it will not constitute an interruption of service.
(13)"retirement" means discharge of an officer on superannuation, on ground of invalidity, discharge owing to the abolition of permanent post or required to retire at or after the age of 55 years, or voluntary retirement sought for on completion of 20 years qualifying service;
(14)"revolving fund" means a fund established by the State Government for the payment of pension and retirement benefits to the officers vide Government Order No. 385/33-1-99-133/98, dated February 18, 1999;
(15)"servant of the State Government" means persons appointed to public services and posts in connection with the affairs of the State;
(16)"service" means the Uttar Pradesh Zila Panchayat Central transferable cadre service created under Section 44 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Act, 1961;
(17)"Zila Panchayat Anushravan Kosthak" means Zila Panchayat Anushravan Kosthak of the State Government established under Government Order No. 1969-B/33-2-92-83-G-91, dated March 30, 1992.