Section 58 in The Khadi And Village Industries Commission Employees (Pension) Regulations, 1984
58. Provisional Pension.
(1)The various stages the action laid down in Regulation 53 shall be strictly flowed by the Head of Office. There may be an illasterated case where inspite of following the procedure down in regulation 53, it may not be possible for the Head of office to forward the pension papers fluerred to in reguk-tion 55 to the Director (Administration) within the period prescribed in sub-regulation (3) of that regulation or where the pension papers have been forwarded to the Director (Administration) within the prescribed period, but the Director (Administration) may have returned the pension papers to the Head of Office for eliciting further information before the issue of pension payment order and order of the payment of gratuity. If the Head of Office in is of the opinion that the employee of the Commission is likely to retire before his pension and gratuity or both can be finally assessed and settled in accordance with the provisions of these regulations, shall, without delay, take steps to determine the qualifying years of service and the emoluments qualifying for pension after the most careful summary investigations that may be made. For this purpose, he shall-(i)rely upon such information as may be available in the official records; and(ii)ask the retiring employee to file a written statement on plain paper stating the total length of qualifying service including details of emoluments drawn during the last 10 months of service but excluding the breaks and other non-qualifying period of service.(2)The employee while furnishing the statement in clause (ii) of sub-regulation (1) shall, at the foot, the statement make and subscribe to a declaration to the truth of the statement.(3)The Head of Office shall thereafter determine qualifying years of service and the emoluments qualifying for pension in accordance with the information available in the official records and the information obtained from the retiring employee under sub-regulation (1). He shall then determine the amount of provisional pension and the amount of provisional death-cum-retirement gratuity.(4)After the amount of pension and gratuity have been determined under sub-regulation (3)-(a)The Head of office shall intimate the amount of provisional pension and amount of provisional Death-cum-Retirement Gratuity to the Director (Administration) for issue of a sanction letter to the employee of the Commission endorsing a copy thereof to the Accounts Officer authorising-(i)100 per cent of pension as determined under sub-regulation (3) as provisional pension for a period not exceeding six months to be recokoned from the date of retirement of the employee; and(ii)100 per cent of the gratuity as provisional gratuity as determined under sub-regulation (3) withholding 10 per cent of gratuity or Rs. 1,000 whichever is less.(b)The Director (Administration) shall indicate in the sanction letter the amount recoverable from the gratuity under sub-regulation (1) of Regulation 57. After issue of the sanction letter Chief Accounts Officer shall draw (i) and amount of provisional pension, and(ii)the amount of provisional gratuity after deducting therefrom the amount mentioned in sub-clause (ii) of clause (a) and the dues, if any, mentioned in Regulation 65;(5)The amount of provisional pension and gratuity payable under sub-regulation(4)shall, if necessary, be revised on the completion of the detailed scrutiny of the records.(6)(a)The payment provisional pension shall not continue beyond a period of 6 months from the date of retirement of the employee of the Commission if the amount of final pension and the amount of final gratuity have been determined by Director (Administration) before the expiry of the said period of 6 months the Director (Administration) shall-(i)issue the pension payment order,(ii)advise the Chief Accounts Officer to draw and disburse the difference between the final amount of gratuity and the amount of provisional gratuity paid under sub-clause (ii) of clause (b) of sub-regulation (4), after adjusting the commission's dues if any, which may have come to notice after the payment of provisional gratuity.(b)If the amount of provisional pension disbursed to an employee of the Commission under sub-regulation (4) is, on its final assessment, found to be in excess of the final pension assessed by the Director (Administration), it shall be open to the Director (Administration), it shall be open to the Director (Administration) to adjust the excess amount of pension out of the gratuity withheld under sub-clause (ii) of clause (a) of sub-regulation (4) or recover the excess amount or pension in instalments by making short payments of the pension payable in future.(c)(i)If the amount of provisional gratuity disbursed under sub-regulation (4) is larger than the amount finally assessed, the retired employee shall not be required to refund the excess amount actually disbursed to him.(ii)The Head of Office shall ensure that the chances of disbursing the amount of gratuity in excess of the amount finally assessed are minimised and the official responsible for the excess payable shall be accountable for the overpayment.(7)If the final amount of pension and gratuity have not been determined within a period of 6 months referred to in clause (a) of sub-regulation (6), the provisional pension and gratuity shall be treated as final and Director (Administration) shall issue pension payment order immediately on expiry of the period of 6 months, with the approval of the Chief Executive Officer.(8)As soon as the pension payment order has been issued by the Director(Administration)under clause (a) of the sub-regulation (6) or sub-regulation (7) the Director (Administration) shall take steps to refund the amount of withheld gratuity tinder sub-clause (ii) of clause (a) of sub-regulation (4) to the retired employee after adjusting the Commission's dues which may have come to notice after payment of provisional gratuity under sub-clause (ii) of clause (b) of sub-regulation (4). If the employee was an allottee of Commission's accommodation, the withheld amount should be refunded on receipt of 'No Demand Certificate' from the Estate Officer concerned.Note. - (i) The issue of last pay certificate should not be insisted upon before the payment of provisional pension. During the period of 6 months after retirement, which has been provided for various purposes above, it should be possible for the Head of office or other office concerned to issue the Last Pay Certificate to the employee. In cases in which the last pay certificate has not been issued by the time formal pension/gratuity payment orders are received (whether this happens prior to the retirement of the employee or after his retirement and after the grant of a provisional pension) the gratuity payment order will in any case include a provision from the withholding 10% of the gratuity or Rs. 1,000/-, whichever is less, pending the production of the last pay certificate.Note. - (2) In respect of other Commission's dues steps should be taken to ascertain or assess the outstanding dues when the processing of pension papers is taken up two years prior to the retirement date. As the next stage of the actual preparation of pension papers is reached only after a year and four months, there is ample time for ascertaining all kinds of Commission's dues. Once that stage is reached, i.e. 8 months before the retirement of the employee, any further probing of records for recoveries due shall cover only a limited period i.e. not more than 2 years before the date of retirement. It should thus be quite possible for the Head of Office, to ascertain or assess all the dues, particularly those pertaining to a long term advances such as house building or conveyance advances, over payment of pay and allowances, and such other dues, prior to the prescribed deadline for the issue of pension Payment/gratuity payment orders or the provisional pension/gratuity order. The pension papers should clearly indicate the total amount outstanding which should be recovered out of the death cum-retirement gratuity before authority for the payment of gratuity (whether final or provisional) issued, and if, after the pension papers have been transmitted to the Director (Administration) for issuing the Pension Payment Order, additional recoveries to be made from the gratuity come to notice, the fact shall be promptly reported to the Director (Administration). In a case where no major recoveries are due, but 10% of the gratuity of Rs. 1,000/- has been with held because there might be unassessed Commission's dues or because the gratuity has been provisionally paid or because last pay certificate has not been received, the withheld amount shall became payable on the expiry of 6 months after retirement as provided for in sub-regulation (7).
