The Gazette of India
PART II – Section 3 – Sub Section (i)
Published by Authority
No. 714] New Delhi, Friday, October 7, 2016/Asvina 15, 1938
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Pension and Pensioners’ Welfare)
New Delhi. the 30th September, 2016
G.S.R. 962(E).~-In exercise of the powers conferred by the proviso to article 309‘ and clause (5) of article 148 of the Constitution 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 (Pension) Rules, 1972. namely:-
1. (1 ) These rules may be called the Central Civil Services (Pension) Amendment Rules, 2016.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Central Civil Services (Pension) Rules, 1972, for rule 38, the following rule shall be substituted, namely
“38 Invalid pension-
(1) The case of a Government servant acquiring a disability. where the provisions of section 47 of the Persons with Disabilities (Equal Opportunities. Protection of Rights and Full Participation) Act, 1995 (1 of 1996) are applicable, shall be governed by the provisions of the said section Provided that such employee shall produce a disability certificate from the competent authority as prescribed under the Persons with Disabilities (Equal Opportunities. Protection of Rights and Full Participation) Rules, 1996. as amended from time to time.
(2) If a Government servant, in a case where the provisions of section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of .1996) are not applicable, retires from the service on account of any bodily or mental infirmity which permanently in incapacitates him for the service he may be granted invalid pension or service gratuity in accordance with rule 49, depending upon the length of his qualifying service on the date of retirement.
(3) Where a Government servant, referred to in sub-rule (2), applies for an invalid pension, he shall be required to submit a medical certificate of incapacity from the following medical authority. namely (a) a Medical Board in the ease of a Gazetted Government servant and of a non-Gazetted Government servant whose pay. as defined in rule 9 (21) of the Fundamental Rules, exceeds fifty four thousand rupees per mensem
(b) Civil Surgeon or a District Medical Officer or Medical Officer of equivalent status in other cases.
Note l.- No medical certificate of incapacity for service may be granted unless the applicant produces a letter to show that the Head of his Office or Department is aware of the intention of the applicant to appear before the medical authority and the medical authority shall also be supplied by the Head of the Office or Department in which the applicant is employed with a statement of what appears from official records to be the age of the applicant, and if a service book is being maintained for the applicant, the age recorded therein should be reported.
Note 2.- A lady doctor shall be included as a member of the Medical Board when a woman candidate is to be examined.
(4) The form of the Medical Certificate to be granted by the medical authority specified in sub-rule (3) shall be as in Form 23.
(5) Where the medical authority referred to in sub-rule (3) has declared a Government servant mentioned in sub-rule (2) fit for further service of less laborious character than that which he had been doing. he shall, provided he is willing to be so employed, be employed on lower post and if there be no means of employing him even on a lower post, he may be admitted to invalid pension or service gratuity, as the case may be, under rule 49.”
VANDANA SHARMA, Addl. Secy.