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State of Rajasthan - Section

Section 16 in Rajasthan Subordinate and Ministerial Services Selection Board Rules, 2014

16. Pension when not payable.

(1)No pension shall be payable under these rules to a Member-
(i)who on the date of his appointment as such, was in the service of a local body or any other body wholly or substantially owned or controlled by the Government; or
(ii)who on the date of his appointment as such had retired from service under the Central or a State Government, a local body or any other body wholly or substantially owned or controlled by the Government, if he is in receipt of, had received or has become entitled to receive, any retirement benefit by way of pension, gratuity, payment from any Contributory Provident Fund or otherwise, but such person may, at his option, come under the pension scheme under these rules, if the amount of the pension or the pension equivalent or the retirement benefits or both admissible to him in accordance with the rules and orders of the service to which he belonged falls short of the amount of the pension admissible to him under these rules.
(2)A Member holding office as such shall communicate option referred to in sub-rule (1) in writing to the Government during his tenure as such Member, the option once exercised shall be final.
(3)If a Member exercising his option under this rule has received any gratuity on retirement from the service under the Central or a State Government, a local body or any other body wholly or substantially owned or controlled by the Government, he shall refund-
(i)the amount of the gratuity so received in lump sum;
(ii)the pension, if any, drawn by him; and
(iii)where the pension has been commuted, the value of the amount of pension, so commuted.
(4)If a member exercising his option under this rule received any benefits of Contributory Provident Fund on retirement from the service under the Central or a State Government, a local body or other body wholly or substantially owned or controlled by the Government, he shall not become eligible for pension under these rules unless he refunds in lump sum the Government's or employer's contribution, as the case may be, with interest thereon together with other retirement benefits, if any, received by him.