No.12011/3/88-Eatt.(C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

GSEN. 145th 11-3-89 New Delhi, th 22 February, 1989

N O T I F I C A T I O N

G.S.R………In exercise of the powers conferred by the
-proviso to article 309 and clause (5) of article 148 of the Consti-
tution, and after consultation with the Comptroller and Auditor
General of India in relation to persons serving in the Indian Audit
and Accounts Department, the President hereby makes the following
rules further, to amend the Central Civil Services (Temporary
Service) Rules, 1965, namely:-

1. (1) These rules may be called the Central Civil Services
   (Temporary Service) First Amendment Rules, 1989.

(2) They shall come into force on the date of their publi-
cation in the Official Gazette.

1. In the Central Civil Services (Temporary Service) Rules, 1965,

(1) in rule 2, clauses (b) and (s) shall be omitted;

(2) rules 3 and 4 shall be omitted;

(3) in rule 5, in clause (a) of sub-rule (1), the words
“who is not in quasi-permanent service” shall be omitted;

(4) in rule 6, the words “who is not in quasi-permanent
service” shall be omitted;

(5) rules 7 and 9 shall be omitted;

(6) in rule 10, –

(a) in sub-rule (1), –

(i) the words “subject to the condition of
service rendered by the Government servant
concerned being held by the authority compet-
tant to appoint him to be satisfactory” shall
be omitted;

(ii) the first and second provisos shall be
omitted;

(iii) the word “also” occurring in the third
proviso shall be omitted;

(b) for sub-rule (18), the following shall be substi-
tuted, namely:-

“(19) In the case of a temporary Government
servant who retires from service on attain-
ing the age of superannuation or on his being
being declared to be permanently
incapacited for further Government

….?/-service by the appropriate medical authority, after he has rendered temporary service of not less than ten years or when he has sought voluntary retirement by giving three months’ notice in writing on completion of 20 years service, provisions of sub-rules (1) shall not apply and in accordance with the provisions of Central Civil Services (Pension) Rules, 1972—

(i) such a Government servant shall be eligible for the grant of superannuation, invalid or retiring pension, as the case may be, and retirement gratuity; and

(ii) in the event of his death after retirement, the members of his family shall be eligible for the grant of family pension.

(c) for sub-rules (2) and the provisions thereunder, the following shall be substituted, namely—

“(2) In the event of death of a temporary Government servant while in service, his family shall be eligible for family pension and death gratuity at the same scale and under the same provisions as are applicable to permanent Central Civilian Government servants under the Central Civil Services (Pension) Rules, 1972”;

(d) in sub-rules (3), the following provisions shall be inserted, namely—

“Provided that a temporary Government servant who resigned from service to take up, with prior permission, an appointment under a corporation or company wholly or substantially owned or controlled by the Government or in or under a body controlled or financed by Government shall be paid terminal gratuity at the rate prescribed under sub-rules (1) in respect of the service rendered by him under the Government;

Provided further that a temporary Government servant who has been absorbed in a Central autonomous body, with the permission of the parent department, shall have an option to count the service.”rendered under the Government for the purpose of pension under the autonomous body if it has a pension scheme, instead of drawing the terminal gratuity under the first proviso.

Explanation. — For the purpose of this sub-rule —

(i) “Central autonomous body” means a body which is financed wholly or substantially from coss or Central Government grants and includes a Central statutory body or a Central University but does not include a public undertaking falling under the purview of the Bureau of Public Enterprise;

(ii) “Financed substantially” means that more than 50% of the expenditure is met by coss or Central Government grants.”;

for sub-rule (5), the following shall be substituted, namely:—

“(5) For the purpose of this rule,—

(a) gratuity shall be calculated on the basis of pay which the Government servant was receiving immediately before his retirement or on the date of his death;

(b) ‘Pay’ shall mean pay as defined in Fundamental Rule 9(21)(a)(i);

(c) period of extraordinary leave, if any, availed of by the Government servant concerned shall be taken into account for computing the completed service on the same basis as it is taken into account for the purpose of calculation of pension and retirement gratuity/death gratuity under Rule 21 of the Central Civil Service(Pension) Rules, 1972, as amended from time to time; and(d) an increment earned during the oura oncy of earned leave not axcaeding 120 days or during the first 120 daf of aarned leave axcaeding 120 days expiring on the date of ratirament, though not actually drcun, shall fart of the pay for purposes ofcalc lating tarminal/death gratuity.”; 2.
(7) rule 11 shall be omitted.

(K. SARKAR)

Deputy Secretary to the Gcvernment of Ima

N O T E

The Central Civil Services (Temporary Service) Rules, 1965 wura notiflad vida notification No.5.0.1512 datad 1.5.1965 published in part II Suction 3, sub-saction (B) of Gazatte of India. Thasa Rules wara subsequently amended vida tha following notifications:
(1) 3.0.No. 3895 dated 4.11 .67
(2) GSR No. 1082 dated 25.7 .70
(3) GSR (G. 589 dated 24.4 .71
(4) 5.0.No. 2335 dated 19.8 .72
(5) 3.0.No. 2601 dated 30.9 .72
(6) 3.0.No. 4022 dated 9.12 .72
(7) GSR No. 452 dated 11.5 .74
(8) 5.0.No. 4541 dated 25.10 .75
(9) 3.0.No. 2 dated 3.1 .76
(10, GSR No. 3489 dated 9.12 .78
(11)GSR No. 433 dated 24.3 .79
(12, GSR No. 258 dated 8.3 .80
(13)GSR.80. 613 dated 4.7 .81
(14)GSR No. 620 dated 24.7 .82
(15) GSR No. 145 dated 11-3-89
(K. SARKAR)

Deputy Sacy. to the Government of India
T3
Tha Manager,
Govt. of India Prass,
Mayapuri, Ring Road,
Nau Delhi.- 5 –

• 5 –

ourr No. 12011/3/88-Eatt. (G) New Delhi, the 22 February, 1989

copy to:

1. All the Ministries/Dapartments to the Govt. of India.
2. All the Union Territories/Administrations.
3. Election Commission.
4. Comptroller & Auditor General of India w.r.t. U.D.No. 1125 -Audit-I/84-88.
5. Secretary, Union Public Service Commission, New Delhi.
6. Central Vigilance Commission, New Delhi.
7. Department of Pensions & Pensioners’ Welfare. w.r.t. I.D.No.470/88-P&PW dated 11.10.1988
8. All the attached and subordinate offices of Ministry of Home Affairs and the Ministry of Personnel, Public Grievances and Pensions.
9. Lok Sabha/Rajya Sabha Secretariat.

/K. SARKAR

Deputy Secretary to the Government of India

Copy to all Administrations Sections in the Ministry of Personnel, Public Grievances and Pensions.