Section 2 in U.P. Zila Panchayat Employees' Retirement Benefit Rules, 1972

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State of Uttar Pradesh - Section

Section 2 in U.P. Zila Panchayat Employees' Retirement Benefit Rules, 1972

2. [ Definitions. [Amended by U. P. Zila Panchayat Employees' Retirement Benefit (5th Amendment) Rules, 1981 (vide Notification No. 6242-B/33-2-2-74-U.P.A.-33-61-Rule-72-AM (5)-1981. dated 28th November, 1981.]

- In these rules unless there is anything repugnant in the subject or context:

(1)"qualifying service" means service which qualifies for pension in accordance with the provisions of Article 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) period of temporary or officiating service under [Zila Panchayat] [Substituted by U. P. Act No. 9 of 1994.] 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.

(2)"Officer" means a [Zila Panchayat] [Substituted by U. P. Act No. 9 of 1994.] servant (whether belonging superior or inferior service) who holds a lien on a permanent pensionable post under the [Zila Panchayat] [Substituted by U. P. Act No. 9 of 1994.] or would have held a lien on such a post had his lien not been suspended.

(3)"Adhiniyam" or "Act" means the Uttar Pradesh [Kshettra Panchayats] [Substituted by U. P. Act No. 9 of 1994.] and [Zila Panchayats] [Substituted by U. P. Act No. 9 of 1994.] Adhiniyam, 1961 (U. P. Act No. 33 of 1961).

(4)"average emoluments" means the average emoluments drawn during the last 12 months immediately preceding the month in which the officer concerned has to retire.

(5)"emoluments" means :

(a)pay as defined in Fundamental Rule 9 (21) of the U. P. Financial Handbook, Volume II, Parts II to IV as amended from time to time; and

(b)dearness pay, if any, which may be admissible to the officer at the time of retirement or death :

Provided that if an officer who 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 :

(6)"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	]	including step children and adopted children
(d) unmarried and widowed adopted children daughters,

(e)brothers below the age of 18 years and unmarried and widowed sisters, (including step-brothers and step-sisters),

(f)father,

(g)mother,

(h)married daughters, (including step-daughters), and

(i)children of a predeceased son.

(7)"pensionable post" means post in respect of which the following conditions are fulfilled-

(a)the service must be under the [Zila Panchayat] [Substituted by U. P. Act No. 9 of 1994.];

(b)the employment be substantive and permanent; and

(c)the service must be paid by [Zila Panchayat] [Substituted by U. P. Act No. 9 of 1994.].

(8)"form" means a form appended to these rules;

(9)"retirement" means discharge of a servant of [Zila Panchayat] [Substituted by U. P. Act No. 9 of 1994.] from [Zila Panchayat] [Substituted by U. P. Act No. 9 of 1994.] service on superannuation retiring invalid, compensation, voluntary pension or gratuity-

(a)"superannuation pension" means pension granted to an officer who is entiled or compelled by rules to retire at a particular age (58 years) :

Provided that "the superannuation age" in respect of fourth class [Zila Panchayats] [Substituted by U. P. Act No. 9 of 1994.] servants shall be 60 years.

(b)"retiring pension" means pension which may be granted to an officer attaining the age of 58 years but it will be sixty years in respect of the fourth class servants of the [Zila Panchayats] [Substituted by U. P. Act No. 9 of 1994.] 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] [Substituted by U. P. Act No. 9 of 1994.] service to an officer who by bodily or mental infirmity is permanently incapacitated for the [Zila Panchayat] [Substituted by U. P. Act No. 9 of 1994.] 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 competent 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 he has already rendered, or

(b)of accepting another appointment of transfer to another establishment even on a lower pay, if offered, and continuing services for pension.]

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State of Uttar Pradesh - Section

Section 2 in U.P. Zila Panchayat Employees' Retirement Benefit Rules, 1972

2. [ Definitions. [Amended by U. P. Zila Panchayat Employees' Retirement Benefit (5th Amendment) Rules, 1981 (vide Notification No. 6242-B/33-2-2-74-U.P.A.-33-61-Rule-72-AM (5)-1981. dated 28th November, 1981.]