Section 2 in All India Services (Death-Cum-Retirement Benefits) Rules, 1958
2. Definition.
(1)In these rules, unless the context otherwise requires:-(a)[ "Accounts Officer" means an officer, whatever his official designation, who maintains the accounts of a Ministry, Department or Office of the Central Government or State Government or Union territory and includes an Accountant-General, who is entrusted with the functions of maintaining the accounts or part of accounts of the Central Government or State Government or Union territory ;] [Inserted vide DOP&T Notification No. 29018/16/2013-AIS(II) (GSR 492E dated 12/07/2013).](aa)[ "average emoluments" means the average of the emoluments drawn by a member of the Service during the last ten months of his service;] [Inserted w.e.f. 31.12.72 vide DP &AR Notification No. 33/12/73-AIS(III),dated 24.1.57 read with Notification No. 25011/29/75-AIS(II) dated 30.1.1976 (GSR No. 196 dated 14.2.76).]Note : (i) If during the last ten months of his service, a member of the Service has been absent on leave with allowances or having been suspended, has been reinstated without forfeiture of service, his emoluments for the purpose of ascertaining the average should be taken as what they would have been had he not been absent from duty or suspended.(ii)If during the last [ten months] [Substituted w.e.f. 1.3.76 vide Notification No. 11024/4/76-AIS(II) dated 7.12.77 (GSR No. 1700 dated 24.12.77).] of his service a member of the Service has been absent from duty on leave without allowances (not counting of pension) or suspended under such circumstances that the period so passed does not count as qualifying service, the period of such leave or suspension shall be disregarded in the calculation of the average, an equal period before the ten months being included.(iii)In the case of a member of Service who, while on leave preparatory to retirement is confirmed in the higher post which he held in an officiating or temporary capacity before proceeding on such leave, his substantive emoluments in the higher post, which he would have drawn had he been on duty, shall be taken into account for the purpose of calculation of his average emoluments.[(iii-a) The emoluments drawn by a member of the Service during the last ten months of his service shall count for purposes of calculation of average emoluments only if the pay drawn during the said period is- [Inserted w.e.f. 01.01.1973 vide Notification No. 25011/66/75-AIS(II) dated 22.05.1976 (GSR No. 1700 dated 24.12.1977).](a)in a cadre post; and(b)in an ex-cadre post if it is fully met out of the Consolidated Fund of either the Union or the State;][(iii-b) in the case of a member of the Service who was deputed to any foreign service post during the last 10 months of his service the pay should be reckoned with reference to his entitlement in the Cadre or the pay which he would have drawn in a post under the Central Government, had he been on central deputation. For this purpose, the certificate given by the State Government on whose cadre the member is borne, regarding the pay he would have drawn in the cadre, or the certificate given by the Central Government regarding the pay he would have drawn in a post under the Central Government, had he not gone on foreign service, would be treated as sufficient.] [Substituted vide DP & Trg. Notification No. 25011/40/88-AIS (GSR No. 91 dated 25.02.1989).](iv)Except as provided in clauses (i), (ii), (iii), (iii-a) and (iii-b) above, only emoluments actually received shall be included in the calculation. For example, where a member of the Service is allowed to count time retrospectively towards increase of pay but does not receive retrospectively the intermediate periodical increments, these increments shall not be reckoned in the calculation of average emoluments.(v)Period of joining time which fall within the last [ten months] [Substituted w.e.f. 01.03.1976 vide Notification No. 11024/4/76-AIS(II) dated 07.12.1977.] of service of a member of the service shall form part of the ten months for the purpose of average emoluments.(vi)Where the emoluments of a member of the Service have been reduced during the last 10 months of his service, otherwise than as a penalty, average emoluments may, at the discretion of the Government, be substituted for emoluments for the purpose of calculation of the gratuity or death-cum-retirement gratuity admissible under rule 18 or rule 19.(vii)In the case of a member of Service, who while officiating in a higher post proceeds on leave and retires or dies while on leave, the benefit of officiating or temporary pay for the purposes of this clause and clause (bb) shall be given only if it is certified that the member of the Service would have continued to hold the higher officiating or temporary appointment but for his proceeding on leave.(viii)[ In the case of a member of service who was on earned leave during the last ten months of his service and earned an increment, which was not withheld, such increment though not actually drawn shall be included in the average emoluments - [Inserted vide DOP&T Notification No. 29018/16/2013-AIS(II) (GSR 492E dated 12/07/2013).]Provided that the increment was earned during the currency of the earned leave not exceeding one hundred and twenty days or during the first one hundred and twenty days of earned leave where such leave was for more than one hundred and twenty days;](b)"death-cum-retirement gratuity" means the lump sum granted to a member of the Service or his family in accordance with rule 19.(bb)[ "Emoluments" means the basic pay, as defined in clause (aa) of rule 2 of the Indian Administrative Service (Pay) Rules, 2007 and other similar rules made for Indian Police Service or Indian Forest Service, as the case may be, that a member of the service was receiving before his retirement or, as the case may be, his death;] [Substituted/inserted w.e.f. 01.01.1996 vide DP &T Notification No. 25011/24/97-AIS(II) dated 19.12.1997 (GSR No. 717E dated 19.12.1997), substituted w.e.f. 01.01.2006 vide DOP&T Notification No. dated 12/7/2013 (GSR No. 492(E).](w.e.f. 1st January, 2006) "Emoluments" for the purpose of calculation of retirement or death gratuity, means the basic pay and Dearness Allowance that a member of the service was receiving on the date of his retirement or as the case may be, his death:Provided that the pension and death-cum-retirement gratuity of those who have elected to continue to draw pay in the pre-revised scale of pay in terms of Indian Administrative Service (Pay) Rules, 2007 (pre-revised) and other similar rules made for Indian Police Service or Indian Forest Services, as the case may be, and have retired from the pre-revised scale of pay on or after the 1st January, 2006, shall be regulated as follows:(i)"Emoluments" shall also include Dearness Pay and Dearness Allowance upto average AICPI 536 (Base year 1982-100).(ii)Pension as calculated at 50% of emoluments or average emoluments, whichever is more beneficial to the employee.(iii)Death-cum-retirement gratuity shall be admissible with reference to emoluments at (i) above plus dearness allowance, under the order in force immediately before coming into effect of the All India Services (Death-Cum-Retirement Benefits) Amendment, Rules, 2013. The maximum amount of gratuity shall not exceed Rs.3,50,000 in terms of Department of Pension and Pensioners' Welfare Office Memorandum No. 45/86/97-P&PW(A)(Part.I) dated 27-10-1997.(iv)Commutation of pension shall be admissible in accordance with the orders in force immediately before coming into effect of the All India Services (Death-Cum-Retirement Benefits) Amendment, Rules, 2013.(v)Family pension shall be allowed in accordance with orders applicable prior to the All India Services (Death-Cum-Retirement Benefits) Amendment, Rules, 2013 and shall be calculated with reference to basic pay in the pre-revised scale and the family pension so calculated, dearness relief upto average AICPI 536 (Base year 1982 - 100) at the rate contained in the Department of Pension and Pensioners' Welfare O.M. No. 42/2/2006-P&PW (G), dated 5th April, 2006 shall be included and the amount so arrived at will be regarded as the family pension for regulating payment of dearness relief beyond average AICPI 536.Provided further that for the purpose of computing average emoluments in the case of member of service who have opted for fixation of pay in the revised pay band and retire within ten months from the date of coming over to the revised pay band, basic pay for ten months period preceding retirement shall be calculated by taking into account pay as follows:(A)For the period during which pay is drawn in revised Pay Structure - Pay drawn in the prescribed pay band plus the applicable grade pay or the pay in the pay scale in the case of HAG+ and above.(B)For the remaining period during which pay is drawn in pre-revised scale of pay -(i)basic pay plus dearness pay and actual Dearness Allowance appropriate to the basic pay at the rates in force as on 1st January, 2006 drawn during the relevant period;(ii)notional increase of the basic pay by applying the fitment benefit of 40% on the basic pay in the pre-revised pay scale';(c)"gratuity" means the lump sum specified in sub-rule (1) of rule 18 which may be granted to a person retiring from the Service before completion of 10 years of qualifying service.(cc)[ "Indian Civil Service member of the Indian Administrative Service" means a person, who was initially appointed to the Civil Service of the crown in India known as the Indian Civil Service and who subsequently became a member of the Indian Administrative Service.] [Inserted vide DP&AR Notification No.31/7/72-AIS(III) dated 22.05.1973.](d)"leave rules" means the All India Services (Leave) Rules, 1955.(e)[ "leave with allowances" means leave other than extraordinary leave.] [Substituted vide MHA Notification No.29/41/64-AIS(III) dated the 8th April, 1965.](f)[ "member of the Service" means a member of an All India Service as defined in section 2 of the All India Services Act, 1951 (61 of 1951).] [Substituted vide DP&AR Notification No.29/76/66-AIS(II)-A dated the 13th December, 1966.](g)[ "Pay" means the amount drawn monthly by a member of the service as pay in pay band plus grade pay or in a pay scale, other than special pay, against the post held by him at the time of his retirement from service;] [Substituted vide DOP&T Notification No. 29018/16/2013-AIS(II) (GSR 492E dated 12/07/2013).](h)"Pension" means the amount payable monthly under rule 18 to person who has retired from the service, in recognition of the service rendered by him to the Government.(i)[ ]Omitted.(j)"retirement benefits" includes pension or gratuity and death-cum-retirement gratuity where admissible,(jj)[ "Revised scales of pay" means the pay structure or scales of pay introduced with effect from the 1st day of January, 2006, unless specified otherwise;] [Substituted w.e.f.1.1.2006 vide DOP&T Notification No. 29018/16/2013-AIS(II) (GSR 492E dated 12/07/2013).](k)"Schedule" means Schedule to these rules.(l)Deleted.(m)[ "State Government" means the State Government on whose cadre the member of the Service was borne immediately before retirement or death and in relation to a member of an All India Service borne on a joint cadre, the joint cadre Authority.] [Substituted vide DP &AR Notification No. 13/4/71-AIS(I) dated 11.01.1972.](2)All words and expressions used in these rules and not defined therein but defined in the Pensions Act, 1871 (23 of 1871) or the General Clauses Act, 1897 (10 of 1897), or in the Leave Rules shall have the meanings respectively assigned to them in the said Acts or in the said Rules.
