Teaching and non Teaching staff PENSION of Non -Govt. School sponsored school and Govt. Aided

MEMORANDUM

No. 136-Edn. (B), Dated: 15.05.1985

1. The Second Pay Commission, set up by the Government of West Bengal in terms of Finance Department Resolution No. 9716-F, dated, 16.11.77 made recommendations for allowing retirement benefits to the teaching and non-teaching employees of different educational institutions.

2. After careful consideration of the recommendations, the Governor is pleased to direct that retirement benefits at the rates described in the West Bengal Recognised Non-Government Educational Institution Employees (Death-cum-Retirement Benefit) Scheme, 1981 enclosed as Annexure-I will be admissible to all whole time approved teaching and non-teaching employees of the non — Government / Sponsored / Aided Institutions as shown in Statement — I. who were in active service on or after 1.4.81 to the following conditions. Persons who retired from service prior to 1.4.81 will not get these benefits.

3.

a. Same as provided in para 5(a) of this Memo. Persons recruited on or after 1.4.81 will automatically be governed by this West Bengal Recognised Non-Government Educational Institution Employees (Death-cum-Retirement Benefit) Scheme, 1981.

b. Persons who were in service on 1.4.81 will have an option, either

i. to continue to be governed by the existing rules governing retirement benefits, or

ii. to come under the West Bengal Recognised Non-Government Educational Institution Employees (Death-cum-Retirement) Scheme. 1981.

4.

a. Persons willing to come under clause 3 (b)(ii) and opting for the benefit of pension-cum gratuity shall apply in writing to the head of the Institution / Organisation stating that he / she is willing to refund to Government the employer's share of contribution together with interest accrued thereon, credited against his / her Contributory Provident Fund Account and that his / her own share of contribution with interest thereon transferred to the General Provident Fund Account. The Head of the Institution / Organisation will take necessary action and intimate the Director after transferring the amount. The Head of the Institution / Organisation will maintain the General Provident fund / Contributory Provident Fund Account as the case may be. The entire fund relating to Contributory Provident Fund will be made available to the Director, the employers' share with interest would be credited to the Revenue head of Government and the employee's share will be credited to his newly opened General Provident Fund Account.

The amount of employers' share of contribution to the General Provident Fund together with interest required to be refunded or actually refunded shall have to be recorded in an appropriate space in the Service Book under proper attestation.

The Director or any Government Officer authorised by him will attest the entry in the Service Book. The period of contribution to Contributory Provident Fund should also be recorded in the Service Book.

b. Some persons have already drawn the employer's share of contribution together with interest accrued thereon and are not able to refund the same in cash. In order to enable them to avail themselves of the benefit of pension etc. in such cases, the employer's share of contribution together with interest accrued thereon should be refunded with interest at 5% simple on the amount actually drawn, calculated from the date of drawal of the said amount to the date of refund / adjustment, and the

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said amount should be adjusted against the amount of gratuity reported admissible. If there is some amount still remaining due, it should be adjusted against the amount of arrear pension to be paid to such employees of Non-Government / Sponsored/ Aided Institutions, as shown in Statement-I and thereafter, if necessary, by non-payment of pension till recovery of the total amount to be refunded.

The date of drawal, the amount of employers' share together with interest thereon should be recorded in the Service Book and the same should be attested by the Director or any Government Officer authorised by him after due verification. After full recovery of the dues including interest, the incumbents may be allowed their monthly pension. The incumbents concerned will have to give a written undertaking to the effect that they have no objection to such recovery in a form prescribed for this purpose in consultation with the Legal Remembrancer West Bengal A model form for such declaration will be forwarded to the directors in due course. The following paragraph should be added to the pension sanctioning memo:

"The pensioner having already drawn an amount of Rs. ........ (in words) only from the Contributory Provident Fund and / or gratuity, if any, the amount along with simple interest 5% p.a. from the date of of drawal of the Contributory Provident Fund money and / or gratuity to the date of deposit / adjustment has been recovered” at his / her own request, from his / her monthly pension for the period from ......... to and the pensioner may be allowed to draw a pension of Rs. ...............(in words) only for the month of ............... of the year ............ and thereafter @ Rs. ............................... (in words) per month only as sanctioned in para ......................... of the memo."

c. The period of service for which contribution towards Contributory Provident Fund was not paid by the employer will also be taken account as qualifying service tor pensionary benefits.

5.

a. The existing employees appointed prior to 1.4.81 shall be required to opt within 90 days from the date of issue of this Scheme amongst the Non-Government / Sponsored / Aided Institutions for either of the two retirement benefits mentioned in para 3 (b) above and also opt within the same period which of the benefits referred to in para 4 of the West Bengal Recognised Non-Government Educational Institution Employees (Death-cum-Retirement Benefit) Scheme, 1981, they intend to elect. Those who were appointed on 1.4.81 or after but before the circulation of the Scheme, shall also opt for the benefit referred to in para 4 of the Scheme within the same period. The employee who would be appointed after the circulation of the Scheme shall, however, opt for the said benefit at the time of their appointment. In case of the employees who may be on leave on the date of circulation of this order, the time limit of 90 days will count from the date of their return from the leave. Option once exercised, is final.

b. The employees who were covered by Scheme but already ceased to be in employment except on the ground of dismissal, may also opt for either or the two retirement benefits and their claim for retirement benefit would be settled according to the provisions of the Scheme subject to the condition that any amount drawn by them from their respective employers on account of retirement benefits as per rules in force at the material time shall be adjusted against the retirement benefits as may be admissible under this Scheme.

The option to be exercised by the employees shall be in the enclosed form.

c. If any employee does not opt or fail to opt within prescribed time limit, the pensionary benefits as admissible prior to 1.4.81 would be to applicable to their ease.

6. In case of an employee who dies on or after 1.4.81 but before issue of this order and before exercising an option, the pension sanctioning authority will allow the more advantages of 3 (b) (i) or 3 (b) (ii) to him / her.

7. The employee who is covered by this Scheme but who has retired from service, otherwise than on invalid pension prior to issue of this order, will be eligible to commute a portion of his pension without medical examination, provided he applies within one year from the date of publication of this Scheme. The amount of commuted value of pension in such cases will be calculated at the rate corresponding to the age on the date of receipt of the application for communication by the sanctioning authority.

8. The amount which is required to be refunded to Government shall be credited to the head “066-Contributions and recoveries towards pension and other retirement benefits-II-Other receipts-Other items” in the State Budget.

9. The charge on account of payment of Pension including Family Pension-cum-Gratuity under the above mentioned scheme will be debited to the head “266-Pension and other retirement benefits-X-Pension to Employees of State aided Educational Institutions—

a. Pension to Employees of Primary Schools-Pensions.

b. Pension to Employees of Secondary Schools-Pensions.

c. Pension to Employees of other Educational Institutions / Organisations / Pensions”, the opening of the head under (c) above is hereby sanctioned.

Necessary fund under the above heads will be provided in due course.

The expenditure will initially be met from Contingency Fund of the State and these transferred to Consolidated Fund under the Major head-‘266-Pension etc.’

10. The Accountant General, West Bengal and the Pay & Accounts Officer, Calcutta Pay & Accounts Officer, and the Director of Pension, Provident Fund and Group Insurance, West Bengal are being informed.

11. The Government Order No. 437-Edn.(S.E) dt. 9.8.82 is hereby cancelled.

12. This order issues with the concurrence of the Finance Department vide their U.O. No. 318/Gr. J. dated 7.1.85.

By order of the Governor

Sd/- M. M. Sinha Roy

Deputy Secretary

ANNEXURE - I

SCHEME

CHAPTER I

Preliminary

1. This Scheme may be called the West Bengal Recognised Non Government Educational Institution Employees (Death-cum-Retirement Benefit) Scheme, 1981.

2. It shall be deemed to have come into force with effect from 1st April, 1981.

3. This Scheme shall apply to employees of State Government Sponsored or Aided educational institutions (excluding D. A getting schools), as indicated in Statement-I, who were in service on 1.4.81 and also to those who were appointed after that date, provided they draw pay in the scales of pay prescribed by Government for such category of employees;

Provided further their appointments were / are duly approved by the competent authority but shall not apply to employees appointed on part-time basis or those appointed on a contract basis for specified periods or to Government servants who have been permitted lien on posts under Government or who have already retired from Government service.

4. The following retirement benefits shall be admissible under this Scheme:

Their Pension (including Family Pension)-cum-Gratuity at rates as laid down in this Scheme or Contributory Provident Fund at the rate of 8.33% (from 1.4.81)-cum-Gratuity according to option.

CHAPTER II

Definitions

5. In this Scheme unless there is anything repugnant in the subject or context —

(a) (i) “Affiliated / Approved” means recognised by the West Bengal Board of Secondary Education / West Bengal Madrasah Education Board / Dist. School Boards / West Bengal Council of Higher Secondary Education / District Inspector of Schools/ Director of Public Instruction / Director of School Education/ Director of Technical Education / Director of Library Services as the case may be—

(ii) “Approved teaching and non-teaching employees" means “employees of recognised educational Institution whose services have been approved by the authorities referred to in sub-para 5 (a) (i) above or by any officer / officer authorised by them.”

(b) "Educational Institution” means Institutions approved affiliated by the West Bengal Board of Secondary Education / West Bengal Council of Higher Secondary Education / Director of Technical Education, West Bengal / Director of Library Services, West Bengal / West Bengal Madrasha Education Board / District School Board / Director of Public Instruction / Director of School Education and whose pay and allowances are borne by the State Government.

(c) "West Bengal Board of Secondary Education” means the West Bengal Board of Secondary Education established under the West Bengal Secondary Education Act, 1963.

(d) “West Bengal Council of Higher Secondary Education” means the West Bengal Council of Higher Secondary Education, established under the West Bengal Higher Secondary Council Act, 1972.

(e) “District School Board” means the Board established under the Bengal Rural Primary Education Act. 1930.

(f) “West Bengal Madrasha Education Board” means the West Bengal Madrasha Education Board Established under G.O. No. 211-Edn.(M) dt. 2.2.73.

(g) “Director” means (1) Director of Public Instruction, West Bengal (2) Director of School Education, West Bengal (3) Director of Technical Education, West Bengal (4) Director of Library Services. West Bengal.

(h) "Basic Pay” means the pay which is drawn by an employee, monthly and which corresponds to a, stage in the time scale of pay attached to the post held by him.

(i) “Competent authority” means the appointing authority and also the Director and the State Government in the Education Department as the case may be.

(j) “Pension sanctioning authority” means the Director or any Officers) authorised by Government in this behalf.

(k) “Employee” means a teaching or a non-teaching staff of an educational institution, the appointment of whom has duly been approved by the Director or an Officer authorised by him or the authorities referred to in Sub-para 5(a)(i).

(l) “State Government” means the Government of West Bengal.

(m) “Leave” means any kind of leave admissible to an employee under the rules applicable to him.

(n) “Service Book” means the document which contains the record of service of an employee, as prescribed under Government Order No 804-Edn. (S) dt. 9.10.70 and No. 1980-Edn. (S) dt. 15.12.71.

(o) “Pension” except when the term “Pension” is used in contra distinction to gratuity, pension includes gratuity.

(p) "Emoulment" means the emoluments which the employee was receiving immediately before his retirement and includes (I) Basic Pay, (II) Personal pay, (III) Special pay, (IV) Dearness Pay. “Pay” means the amount of remuneration drawn monthly by an employee as the pay which has been sanctioned for the post held be him substantively or in an officiating capacity. Personal Pay means additional Pay granted to an employee.

(i) to save him from loss of pay due to revision or reduction of pay otherwise than as a disciplinary measure; and

(ii) in exceptional circumstances on other personal consideration;

(iii) Dearness pay.

Note: If an employee before his retirement or death, has been absent from duty on leave with allowances, his emoluments for the purpose of calculating pensionable service, gratuity and / or death — cum — retirement gratuity should be taken at what they would have been had he not been absent from duty. Provided that this amount of pension and / or gratuity is not increased on account of increase in pay not actually drawn and that the benefit of higher officiating or temporary pay is given only, if it is certified that he would have continued to hold the higher officiating or temporary appointment but for his proceeding on leave.

Provided that if the emoluments which count towards pension, are increased from a specified date with financial benefit from a subsequent date such portion of emoluments though not actually drawn will form part of emoluments for the purpose of pension and gratuity. “Dearness Pay” means such portion of Dearness Allowance as has been declared by Government as Dearness pay.

(q) “Average emoluments” means average calculated upon the last ten months of service immediately proceeding the date of retirement up to 31.8.82. From 1.9.82 average emoluments means last emoluments drawn at the time of retirement.

(r) “Governing Body / Managing Committee / Administrator / Ad-hoc Committee” means the body or person charged with the management of the affairs of an Educational Institution duly recognised by the Competent Authority.

(s) “Family” includes the following relatives of an employee namely— (1) For the purpose of a death gratuity

(i) wife in the case of a male employee

(ii) husband in the case of a female employee

(iii) sons including step sons

(iv) unmarried and widowed daughters including step daughters

(v) adopted sons / daughters

(vi) brothers below the age of 18 years and unmarried or widowed sisters

(vii) father

(viii) mother.

(2) For the purpose of family Pension—

(i) wife in the case of a male employee

(ii) husband in the case of a female employee

(iii) minor sons including adopted sons

(iv) unmarried minor daughters including adopted daughters

(v) dependant parents.

Note: Adopted or marriage after retirement will not be recognised for the purpose of family pension.

(i) “Age of superannuation” is the age on attaining of which an employee must retire compulsorily and should be sixty completed years of his age provided that in the case of an employee of an educational institution who was in service on 31st March, 1981 and did not opt for the revised pay scales, introduced with effect from 1.4.81, the age of superannuation should be such age as prescribed under rules / orders, governing his service.

(ii) The employees who would get extension of service as per conditions laid down in para 6 of the government Order No. 372-Edn. (B) 31.7.81 read with Government Order No. 497 (5)-Edn. (B) dt. 13.12.83, will retire on the terms and conditions laid down therein or any order subsequent order / orders.

CHAPTER III

6. Service Record — The full record of an employee’s service rendered in different educational institutions from the date of first entry into regular service till the date of retirement shall be maintained by the institutions in the Service Book.

7. Service qualifying for pension—

(a) except for compensation gratuity, the service rendered by an employee before the completion of the age of 18 years shall not qualify for pension,

(b) continuous service of a wholetime approved employee in any educational institution, shall count as qualifying service,

(c) war service rendered between 3rd September, 1939 and 1st April. 1946 by an employee shall count as qualifying for pension under this Scheme provided the employee concerned was absorbed as an employee on or before 1st January, 1984 and the service would have otherwise qualified for pension,

(d) service rendered before partition, i.e. during the period up to 14th August, 1947, by an employee in any affiliated institutions in areas included in East Pakistan (now Bangladesh) shall qualify for pension and the period of break from the date of leaving the institutions in East Pakistan (now Bangladesh) and the date of appointment in any institution in West Bengal is to be treated as automatically condoned. Affiliation of a school will be verified on the basis of documentary evidence. In the absence of documentary evidence, contemporary evidence duly signed by Director or any Officer authorised by him, will be accepted.

Service rendered by an employee under Government if any will count towards pension. The service in an institution before its recognition will not count.

(e) (i) The Head of an institution in which an employee is serving or has served shall open a Service Book for such employee and record his service therein. In the case of an employee having previous services in some other institutions, the Head of the Institution opening the Service Book shall record his previous services on the basis of certificates and other relevant documents obtained from the institutions where the employee was previously employed and shall keep these certificates and documents relied upon pasted in the Service Book at an appropriate space or otherwise ensure retention of documents along with the Service Book. Where the past service of an employee cannot be clearly established by producing certificates from that institution such collateral evidence as may be collected from contemporaries having personal knowledge of the services of the employees may be accepted if the same is countersigned by District authorities. If the services of any employee whose service before the 15th August, 1947 in an institution or in a school which is now in East Pakistan (Bangladesh) cannot be established by documentary evidence, the employee shall file a written statement on plain paper stating that he had in fact rendered that period of service and shall at the foot of the statement make and subscribe a declaration as to the truth of that statement and shall in support of such declaration produce all documentary evidence and furnish all information which is in his power to produce or furnish. The authority competent to sanction pension to that employee shall after taking into consideration the facts in the written statement and the evidence produce and the information furnished by the employee in support of the said period of service, if satisfied admit that portion of service as having been rendered for the purpose of calculating pension of that employee. But services in East Pakistan or Bangladesh after the 14th August, 1947

shall not be taken into account in calculating the pension admissible. In the case of the Head of the Institution the Service Book shall be opened and maintained by the Head of the Institution, who shall, get the Service Book countersigned by the Director of Education or any officer authorised by him. The service of an employee shall be verified annually by the Head of the Institution and in the case of the Head of the Institution by the Director or any officer authorised by him with reference to the acquittance rolls and other relevant records and a certificate of such verification shall be recorded in the Service Book under the dated signature of the verifying authority.

(ii) Service rendered in other States shall not count as qualifying service. Services rendered in territories which have since been merged in West Bengal and service rendered in East Pakistan now Bangladesh up to 14.8.1947 shall however, count towards pension.

(iii) Approved temporary service including approved service on leave or deputation vacancy in one or more institutions shall count towards pension subject to fulfilment of other conditions for grant of pensions.

Fractions of a year equal to six months and above shall be treated as a completed six monthly period for the purpose of calculation of any pension under this Scheme.

(iv) Upon any condition which it may think fit to impose. Government may condone a deficiency of six months in the qualifying service of the employees of non-Government / Sponsored / Aided Educational Institutions / Organisations.

Note: The deficiency should not be condoned with a view to make up the minimum prescribed qualifying service for the purpose of death gratuity or family pension. In other cases power should be restricted to the employees drawing pay not exceeding Rs. 425.00 per month at the time of retirement on invalid or compensation pension.

(f) All periods of authorised leave other than extra-ordinary leave without pay shall count as qualifying service.

Extra-ordinary leave granted on medical certificate, shall however, count as qualifying service.

Provided that in the case of extra-ordinary leave other than extraordinary leave granted on medical certificate, the appointing authority may, at the time of granting such leave, allow the period of that leave to count as qualifying service if such leave is granted to an employee—

(i) due to his inability to join or rejoin duty on account of civil commotion, or,

(ii) for prosecuting higher scientific and technical studies.

(g) Period of suspension followed by reinstatement shall count as qualifying service provided it is treated as duty, otherwise it shall not count as qualifying service.

(h) The period of break in service even though condoned shall not count as qualifying service.

(i) Break in qualifying service of an employee for a period exceeding 12 months shall entail forfeiture of his past service unless this break is condoned by the competent authority (i.e. Director or any officer authorised by him). Break in service not exceeding 12 months would be treated as automatically condoned.

Note: Before sanctioning any condonation, the following condition is required to be fulfilled, namely (a) the interruption has been caused by reasons beyond the control of the employee concerned.

(j) The period of the break in service of an employee between the date of dismissal or removal and the date of reinstatement shall not count as qualifying service unless such period is treated as duty or leave other than extra-ordinary leave by a specific order of the authority which passed the order of reinstatement.

(k) Resignation tendered by an employee or his dismissal or removal entail forfeiture of past service—-provided that resignation of an employee for taking another appointment under any educational institution with proper permission shall not entail forfeiture of past service

(l) Vacations shall count as qualifying service provided as employees is paid for that period and further provided that he is present on both the closing date and the re-opening date and if on leave on either of the dates, the absence is regularised by sanction of leave by the competent authority.

(m) Qualifying service for pension shall be counted up to the age of superannuation or the date preceding the date of voluntary retirement. The period of service rendered, on approved extension, after attaining the age of superannuation shall also be considered as qualifying service.

Note: For the purpose of this Scheme, the date of superannuation shall be reckoned from the date of birth on the basis of the Madhyamik/Higher Secondary/ Matriculation/School Final Pass Certificate or other equivalent Pass Certificate. In the case of those employees whose date of birth entered in the Service Book on the basis of an affidavit shall be taken into account for the purpose of determining the date of superannuation.

(n) Period of absence under duress as per Government Order No. 1071-Edn. (S) dated 19.8.77 and Government Order No. 477-End.(S) dated 18.6.80 and also of subsequent orders, if any, shall count as qualifying service.

(o) Date of retirement: When an employee is required to retire on attaining a specific age, the date on which he attains that age, shall be recknoned as a non-working day and the employee shall retire with effect from and including that day.

N.B.: If the date of retirement of a superannuated employees falls on any date other than the first day of the month he/she will be allowed to retire on the last day of the month (afternoon).

CHAPTER IV

Eligibility for Pensions

8. Subject to satisfactory service, an employee shall be entitled to pension provided that in case of (i), (iii) and (iv) below, the employee concerned has completed at least ten years of qualifying services :

(i) on attaining the age of superannuation, or thereafter on the expiry of the period of approved extension, or

(ii) on voluntary retirement after completing 20 years of qualifying services, or

(iii) on being declared permanently incapacitated for further service by the Chief Medical Officer of the State Government in the district concerned or any Medical Officer of equivalent status authorised by the pension sanctioning authority, or

(iv) on termination of service due to abolition of the post, or closure of the Institution concerned due to withdrawal of recognition or other valid reasons.

9. Pensions are divided into the following four classes, namely :

(a) compensation pension

(b) invalid pension

(c) superannuation pension, and

(d) retiring pension.

10. If an employee is discharged on abolition of the permanent post held by him, he shall, unless he is appointed to another comparable post, have the option—

(a) of taking any compensation pension or gratuity to which he may be entitled for service he has rendered ; or

(b) of accepting another appointment even on a lower pay, if offered, and continuing to count his previous service for pension.

Note: 1. No pension is admissible to an employee for loss appointment of discharge after the completion of a special term of service.

2. No pension may be awarded for the loss of any special pay or local allowance.

3. Reasonable notice, for not less than three months, should be given to an employee before he is discharged on abolition of the post held by him. If in any case, notice of at least three months is not given and the employee has not been provided with any alternative employment, then a gratuity not exceeding his emoluments for the period by which the notice given to him falls short of three months, may be paid to him in addition to his pension but no pension shall be payable for the period for which he receives a gratuity in lieu of notice.

11. An invalid pension is awarded on retirement from service to an employee who by bodily or mental infirmity is permanently incapacitated for service. An employee applying for a invalid pension shall submit a medical certificate from the Chief Medical Officer of the State Government in the concerned district or from any other Medical Officer of equivalent status nominated or authorised by the pension sanctioning authority.

12. The form of the Medical Certificate to be given in respect of an employee applying for invalid pension has been shown in Appendix I.

13. No invalid pension is admissible to an employee if it is certificated by the Medical Officer that the incapacity is directly due to irregular or intemperate habits, which refer to incapacity on account of drug habit or on account of diseases resulting from immoral habits.

14. A superannuation pension is granted to an employee who is required to retire at a particular age in accordance with the service conditions applicable to him.

Note: If only the year or birth of an applicant for pension is known but the exact date of birth in that year is not known, the first day of July of that year is to be taken as the date of birth. Similarly if only the month and the year of birth are known, the 16th of the Month is taken to be the exact date of birth.

15. A retiring pension is admissible to an employee who is permitted to retire after completing qualifying service for 20 years or more.

Note: The Pension will commence from the date following the date of retirement under any of the four classes of pension mentioned in para 9 of this Scheme.

CHAPTER V

Rate of Pensions

16. (i) The amount of pension shall be determined in accordance with the following slabs:

Amount of monthly pension

(a) Upto Rs. 1,000/- of the average amount reckonable for pension

(a) 50% of the amount

(b) Next Rs. 500/- of the average amount reckonable for pension

(b) 45% of the amount

(c) Balance of the average amount reckonable for pension

(c) 40% of the amount

Note: ‘Average amount reckonable for pension’ means Basic pay and Dearness pay and Special Pay, if any, and the portion of Additional Dearness Allowance that has been allowed to count for the purpose of pension but has not yet been declared as Dearness Pay.

Note: The amount of pension arrived at on the basis of the above slabs will be related to the maximum qualifying service for 33 years. For those employees, who at the time of retirement have rendered qualifying service of 10 years or more but less than 33 years, the amount of their pension will be such proportion of the maximum admissible pension as the qualifying services rendered by them bears to the maximum qualifying services of 33 years.

In no case the maximum monthly pension will exceed Rs. 1,500/-. (ii) In addition to pension as above, an employee is entitled to relief as admissible to the State Government pensioners from time to time. Relief will be payable to the pensioners with effect from 1.11.82 and prior to that date i.e. during 1.4.81 to 31.10.82 only the ad-hoc increase @ Rs. 15/- per month will be admissible. The relief will also by payable on Family Pension. The conditions fo admissibility and rate of relief in pension shall be the same as one and will be applicable to State Government Employees.

17. The amount of pension payable monthly shall be expressed in whole of a rupee and where the pension calculated according to this scheme contains a fraction of rupee, it shall be rounded off to the next higher rupee, provided that the maximum annual pension prescribed above shall not be increased thereby.

18. A pension admissible to an employee shall be fixed and paid in rupee and in India.

19. (1) The full pension admissible under this Scheme is not to given as a matter of course or unless the services rendered has really been approved by the competent authority.

(2) If the service has not been thoroughly satisfactory, the authority sanctioning the pension should make such reduction in the amount as in thinks proper.

Proper that in cases where the authority sanctioning pension is other than the appointing authority, no order regarding reduction of the amount of pension shall be made without the approval of the appointing authority.

Note: No pension shall be liable to seizure, attachment or sequestration by process of Court in India at the instance of the creditor for any demand against the pensioner.

(3) The measure in the reduction in the amount of pension under this Scheme should be the extent by which the employee’s service as a whole has failed to reach a thoroughly satisfactory standard,

and any attempt to equate the amount of reduction with the amount of loss caused to the Institutions is incorrect.

(4) The service of an employee against whom a charge of corruption has been proved whether in a specific case or by any presumption based on recorded facts cannot be considered to be thoroughly satisfactory within the meaning of this Scheme. Any action under this Scheme should, however, be taken only after a charge of corruption has been proved.

(5) Final pension, gratuity etc. shall not be sanctioned to an employee against whom department/judicial proceedings have been instituted/ continued. In case of misconduct of the pensioner, the pension sanctioning authority has the power to withhold pension or reduce the pension.

Where any department or judicial proceeding is instituted or where a departmental proceeding is continued against an employee who has retired on attaining the ‘age of compulsory retirement or otherwise, he shall be paid during the period commencing from the date of his retirement to the date on which, upon conclusion of such proceeding final orders are passed, a provisional pension not exceeding the maximum pension which would have been admissible on the basis of his qualifying services upto the date of retirement, or if he was under suspension on the date of retirement upto the date immediately preceding the date on which he was placed on suspension, but no gratuity or death-cum-retirement gratuity shall be paid to him until the conclusion of such proceeding and the issue of final orders thereon. Payment of this provisional pension shall be adjusted against the final retirement benefits sanctioned to such employee upon conclusion of the aforesaid proceeding but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or the pension is reduced or withheld either permanently or for a specified period.

Note: The grant of pension under this sub-para shall not prejudice the operation of sub-para 2 when final pension is sanctioned upon conclusion of the proceeding. 

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SCHOOL PENSION AND OTHER (NON-GOVT.).

1. What are the different Scheme /Rules under which the teaching and non-teaching employees of Non-Govt. Schools get Pensionary benefits.?

• a) i) Recognised Non-Govt. Secondary Pension Rules …. for Secondary Teachers (G.O. No.1610-EDN(s) dated 18-07-1968).
• ii) Contributory Provident Fund-cum-Pension Scheme and “Rules regarding Payment of Pension, Gratuity etc. under West Bengal (Rural) Primary Education Act, 1930 …… For Primary Teachers. (G.O. No.485-EDN(P) dt. 25-03-68 and G.O. No.2299-EDN(P) dt. 12-12-1972).
  Persons who retired from service prior to 1-4-81 will get pensionary benefit under these Scheme/Rules. (Also see 11 & 12).
  b) West Bengal Recognised Non-Government Educational Institution Employees (Death-cum-Retirement Benefit) Scheme, 1981 (hereinafter referred to as D.C.R.B. Scheme, 1981 ).
  Persons recruited on or after 1-4-81 will automatically be governed by this Scheme. (Para 3a).
  Persons who were in services on 1-4-81 will have Option either-
• i) To continue to be governed by the existing rules governing retirement benefits or
• ii) to come under this scheme (i.e. D.C.R.B. Scheme, 1981 ) ( Para 3b(i) and (ii) of the scheme )
  Those who opt as per para b(ii) above shall also have to opt which of the benefits referred to in para 4 of the Scheme they intend to elect i.e.
• a) Pension ( including Family Pension ) cum-Gratuity
  or
• b) Contributory Provident Fund-cum-Gratuity ( G.O. No.136-EDN(B) dt. 15-05-1985).

 

2. What is the time limit for submission of option under W.B. Recognised Non-Govt. Educational Institution Employees (D.C.R.B.) Scheme, 1981. ?

 

• a) Within 90 days from the date of issue of the Order (i.e. G.O. No.136-edn(B) dt. 15-05-85), subsequently extended to 31-12-85 and again extended to 30-06-90 & vide Order Nos.296(5)-EDN(B) dt. 07-10-85 and 148-EDN(B) dt. 31-05-90 respectively.
  
• b) An employees who had exercised option within 31-12-85 and whose option was subsequently found overwritten or erroneous being thus inlligible for accetance and has not yet been regularised by any special order may be cancellation of the one earlier exercised by him, exercise fresh option within 30-06-90 (para 2(i) of G.O. No.148-EDN(B) dt. 31-05-90 ).
  
• c) An employee who joined after the period of 90 days from the date of circulation of G.O. No.136-EDN(B) dt. 15-05-85 (i.e. on 13.08.85 or later ) shall come under the W.B. Recognised Non-Govt. Educational Institution (D.C.R.B.) Scheme, 1981 and they shall have to exercise option in terms of para 4 of the Scheme (i.e. CPF-cum-Gratuity or Pension-cum-Gratuity) within 90 days from the date of appointment or 15-03-92 whichever is later failing which it shall be presumed that he/she has opted for pension (including family pension) cum Gratuity.
  
• d) Option exercised earlier or fresh option exercised as per G.O No.148-EDN(B) dt. 31-05-90 is final and can in no case be changed ( Para 2(iv) of G.O. No.148-EDN(B) dt. 31-05-90 ).

 

3. Is there any provisions for Switch Over of Option ‘CPF-cum-Gratuity’ to Pension including family pension-cum gratuity ? If so, what is the time limit for submission of such Option ?
Yes, Govt. allowed all the teaching and non-teaching employees of aided Non-Govt. Educational Institution who opted for Contributory Provident Fund-cum-Gratuity, to exercise revised option for pension including family pension-cum-Gratuity subject to the condition that employer’s share of contribution together with interest and additional interest shall be refund to the Govt. forthwith.
Such option had to be exercised within 90 days from the data of issue of relevant Govt. Order bearing No.496-EDN(B) dated 16-12-91 (i.e. within 15-03-92 ). With thw introducation of D.C.R.B. Scheme,1981.

4. What directions were issued by the Govt. regarding rates subscription towards GPF/CPF and deposit of P.F balance in treasury ?
a) For those opting for Pension-cum-Gratuity

• i) Employers’s shares of Contribution to C.P. Fund should be discontinued, if not already done, from the date of Option ;
• ii) Existing rate of P.F. subscription by the employees should continue ;
• iii) Standing P.F. balances, as on 15-03-84 for employees of Primary Schools and P.F. balances as on 1-06-84 for employees of Secondary Schools and P.F. subscription and loan realisation from subscribing employees and interest income in P.F. balances thereafter should be deposited in Treasury in terms of the Procedure laid down in Finance Deptt. Memo. No.5341-F dt. 05-05-84 read with G.O. No..136-EDN(B) dated 15-05-1985.

b) For those Option for CPF-cum-Gratuity

• i) Rate of subscription to CPF should be 8.33% from 1-4-81 ;
• ii) All standing balances on C.P. Fund account as on 15-03-84 for employees of Primary Schools and on 1-6-84 for employees of Secondary Schools and P.F. subscription, loan realisation from subscribing employees and interest income on P.F. balances thereafter should be deposited in treasury in terms of the Procedure laid down in Finance Deptt. Memo. No.5341-F dt. 05-05-1985.

c) For new entrents who joined services on or after 1-4-1981

• i) G.P.F. Contribution shall be @ 6% of Pay.
• ii) All standing balance as on 15-03-84 for employees of Primary Schools and P.F. subscription, loan realisation from subcribing employees and interest on P.F. balances shall be deposited in Treasury in terms of the procedure laid down in Finance Deptt. Memo. No.5341-F dt. 05-05-84 read with G.O. No.136-EDN(B) dt. 15-05-84. (order No.296(5)-EDN(B) dt. 07-10-1985).

 

5. What is the procedure for deposite of employer’s share of Contribution with interest accrued thereon and for transfer of own share of contribution with interest to the GPF A/c. ?
a) Persons who have not withdrawn the amount
Persons willing to come under D.C.R.B. Scheme, 1981 and Opting for the benefit of Pension-cum-gretuity within prescribed date shall apply in writing to the head of the Institution/Organisation stating that he is willing to refund to Govt. the employer’s share of Contribution together with interest accurd theron credited against his/her contributory Provident Fund A/c. and that his/her own shares of contribution with interest transferred to the General Provident Fund A/c.
Head of the Institution/Organisation will take necessary action for deposit of “Employer’s share with interest” through T.R. Form No.7 in the appropriate head of A/c. of the Govt. (i.e. 0071- contribution and Recoversion towards Pension and other retirement benefit -01-civic-800-other receipt.
Keeping a note in the Services Book under proper atteststion and also take necessary action for transfer of “Employee’s share with interest” to the newly opened General Provident Fund A/c.
b) Persons who have already withdrawn the employer’s Share of Contribution with interest
In such cases, in order to enable them to avail themeselve of the benefit of pension etc., the ‘Employer’s share of Contribution’ together with interest accurued thereon should be refund through T.R. Form No.7 in the appropriate head of A/c. (i.e. 0071-Contribution and Recoveries towards Pension and Other retirement benefits-01-Civil-800-Other Receipts- __________________________________) by the employee concerned with interest @ 5% simple on the amount actually drawn, calculated from the date of drawal of the said amount to the date of refund. Those who are not able to return the amount in cash may apply for adjustment againt gratuity or arrear pension.

6. What will be the admissible pensionary benefits in respect of employees who does not opt or fails to opt within prescribed time ?
In terms of para 5(c) of the W.B recognised Non-Govt. Educational Institution Employees (D.C.R.B.) Scheme, 1981 “If any employee does not or fails to opt within prescribed time limit, the pensionary benefits as admissible prior to 1-4-81 would be applicable in their case”.

7. What will be the admissible pensionary benefits in case of an employee who dies on or after 1-4-81 but before issue of G.O. No.136-END(B) dt. 15-05-85 (i.e. D.C.R.B. Scheme, 1981)?
The Pension Sanctioning Authority will allow the more advantageous of para 3b(i) or 3(b)(ii) of the Scheme to him/her.

8. What are the different types of pension admisible unjder the D.C.R.B. Scheme, 1981 ?
There are four types of Pension, viz.
a) Compensation Pension
Pension allowed to an employee who is discharged on abolition of the permanent post held by him/hers.
b)Invalid Pension
Pension allowed to an employee who by bodily or mental infirmity is declared permanently incapacitated for further services by the CMOH of the District or any Medical Officer of equivalent status authorised by the Pension Sanctioning Authority.
c) Superannuation Pension
Pension granted to an employee on attaining the age of superannuation or thereafter on the expiry of the period of approved extension.
d) Retiring Pension
Pension granted to an employee who is permitted to retire after completing qualifing service for 20 years or more.

9. Who acts as the Pension Sanctioning Authority Under D.C.R.B. Scheme, 1981 ?
a) District Inspector of Schools (Secondary Education)
in respect of teaching and non-teaching staff of the aided/sponsored/non-Govt. Secondary Schools including Madrasahs (Senior, Junior and High ) Who retired or died on or after 1-4-81 (G.O. No.64(6)-EDN(B) dt. 11-03-1986).
b) District Inspector Of Schools (Primary Education)
in respect of Primary teachers/employees of Primary/Junior basic Schools who retired/died on or after 1-4-81 (G.O. No.296(5)-EDN(B) dt. 07-10-85 ).

10. Who acts as ‘Audit Officer’ and Pension Payment Order (P.P.O.) issuing authority on Per D.C.R.B. Scheme, 1981. ?
Director of Pension, Provident Fund & Group Insurance, West Bengal or any Officer authorised by him with his Office at Purta Bhavan (2nd floor), Salt Lake, Kolkata-91 (G.O. No.296(5)-EDN(B) dt. 07-10-1985).

11. Whether the retirement benefits as provided for in the W.B. Recognised Non-Govt. Educational Institution Employees (Death-cum-Retirement Benefit ) Scheme, 1981 is applicable in case of teaching and non-teaching employees in case of teaching and non-teaching employees who retired/died prior to 1-4-81 and if so, what is the procedure for such revision
Yes, as per G.O. No.163-EDN(B) dt. 15-06-90 the retirement benefits as provided for in the W.B. Recognised Non-Govt. Educational Institution Employees (Death-cum-Retirement Benefits Scheme, 1981 has been extended to the Teaching and non-teaching employees of the non-Government Educational Institution and Organisation covered by the said Scheme who retired prior to 1-4-81 subject to refund or adjustment of employer’s share of CPF with interest, and also subject to due adjustment of Pension and ex-gratie increases as were or are being draw by such pensioners.

Procedure for Revision
For revision of retirement benefits the following papers, in duplicate should be submitted to the Director of School Education through the concerned District Inspector of Schools :-

• 1. An application for revision of Pension ;
• 2. A declaration to the effect that the employee concerned agree to refund to the Govt. the employer’s share of CPF with interest theron either in cash or by adjustment against the revised retirement benefits ;
• 3. Attested copy of Pension Payment Order ;
• 4. A certificate containing the following particulars from the Head of the Institution from Where he/she retired :-

• a) The date of approved appointment and date of retirement after enjoying approved extension(s);
• b) A certificate of Last Pay drawn;
• c) A statement of average emoluments of last 10(Ten) months preceeding his/her retirement ;
• d) Date from which the institution came under G.A. Scheme for the first time (attested copy of the relevant order should be furnished).
• e) A statement regarding CPF in the Performe given below :-
• i) Period of Contribution to CPF from _________________ to ________________.
• ii) Total amount of employer’s share of contribution with interest theron.
• iii) Total amount drawn.
• iv) Date of drawal
• v) Mode of refund/adjustment.

 

5. A declaration by the incumbent in the following manner :- (for all)

I, Sri/Smt.________________________________________________ of ____________________________ School having retired/Superannuated on _______________________ solemnly daclare that if the amount of pansionary benefits which is to be afterawards found to be in excess of which I am actually entitled, I will refund the excess amount forthwith on demand.

 

___________________________________________

Signature of the Pensioner with date.

(Where applicable)
I, Shri/Smt. _______________________________________ of _______________________________________ Schools hereby declare that the amount of outstanding dues as per statement enclosed/any amount drawn by me if found overdrawn during scrutiny of any pension paper should be adjusted from my gratuity/pension.
I hereby promise to raise no objection objection whatsoever for such adjustment.

 

_______________________________________________________

Singnature of the Pensioner with date.

(also for claimant of L.T.A.).

 

6. Specimen signature duly attested 3 slips, each bearing 3 signatures in each slip.

7. Photograph/Joint Photograph attested by the competent authority on the front side of the Photo (3 copies). In case of Family Pension attestation should be done by a person belonging to Group-A Govt. Services.

8. Identification mark, in triplicate.
Regarding sanction of Family pension the following papers in addition to the papers mentioned at item No.2 to No.B should also be furnished:-

• A. An application for family Pension
• B. Nomination for Death Gratuity, if any
• C. Death Certificate
• D. Succession certificate/Affidavit of the legal heirs. (Memo. no.28-SE/Pan dt. 2-2-1991 ).

 

12 Retirement benefits to the Primary teachars prior to 1-4-81 included CPF-cum-Gratuity. Whather the employees/teachars who retired prior to 1-4-81 and opted for CPF-cum-Gratuity are also entitled to opt for Pension (including family pension)-cum-gratuity under the DCRB Scheme, 1981.
In terms of G.O. No.1690-SE(Pry) dt. 20-12-01 they would also come under the preview of the G.O. No.163-EDN(B) dt. 15-06-90 for the purpose of getting benefit of DCRB Scheme, 1981. So, they may opt for pension (including family pension)-cum-gratuity under DCRB Scheme, 1981.

13. West Bengal Recognised Non-Govt. Educational Institution Employees (Death-cum-Retirement Benefit) Scheme, 1981 is applicable to the employees of which Institution/Organisation ?
The Scheme is applicable to the employees of State Govt. Sponsored or aided educational Institutions (excluding D.A. Getting schools) as indicated in Statement-I of G.O. No.136-EDN(B) dt. 15-05-85 which are shown below :-

• 1. Approved teaching and non-teaching staff of Junior Technical Schools (sponsored and non-sponsored).
• 2. Approved teaching and non-teaching staff of Training Institution for Primary Teachers (including Govt. sponsored Junior Basic Training Institutions).
• 3. Approved teaching and non-teaching staff Aided Primary Schols and Primary Schools under the District School Boards but excluding Dearness Allowance getting schools.
• 4. Approved teaching and non-teaching staff of non-Govt. Aided/Sponsored Secondary Schools (High and Higher Secondary) but excluding dearness allowance getting schools.
• 5. Approved employees of non-Govt. Libraries (sponsored/aided).
• 6. Approved teaching and non-teaching staff of school Mother Training Centres.
• 7. Approved teaching and non-teaching staff of Govt. sponsored free Primary Schools, Junior Basic Schols, Pre-Basic Schools, Pre-Primary Schools, Nursery Schools and Primary including Junior Basic Schools appointed in Municipalities under the Scheme of ‘Free and compulsory Primary Education Act, 1963′.
• 8. Approved teaching and non-teaching staff of Junior High Schools including erstwhile Senior Basic Schools.
• 9. Approved staff of the Institution for the handicaped (sponsored and non-sponsored).
• 10. Approved teaching and non-teaching staff of Tols and Madrasha (Senior, High and Junior High).
• 11. Approved staff of the Audio-visual Units and Community Centres.
• 12. Approved Staff of the voluntary organisations under social Education as shown in the statement attached to Govt. Order No.519-EDN(SE) dated 23rd August, 1973.
• 13. Approved employees of District Schol Boards.
• 14. Approved teaching and non-teaching staff of sponsored Polytechnics.
• 15. Approved staff of the takeover Polytechnics including regional Institute of Printing Technology who have not been absorbed as Govt. employees.
• N.B. : The staff of different non-Government Educational Institution who recieve fixed Pay or only dearness allowance as sanctioned by Govt. from time will not be covered by this scheme.

 

14. How Pension/family pension/gratuity/death gratuity is calculated ?
All these are calculated on ‘Emolument’ which the employee was receiving at the time of retirement death while in service.
‘Emolument’ include the following :-

• i) Basic Pay
• ii) Personal Pay
• iii) Special Pay
• iv) Dearness Pay

 

A. Calculation of Pension etc. in respect of persons retired/died drawing pay as per ROPA, 1981.

Pension :	a)	Upto Rs.1000/-of	50% of the amount
	b)	Next Rs.500/- of Pay	45% of the amount
	c)	Balance of Pay	40% of the amount
			_____________
	Pension (a+b+c)
			_____________

 

Here pay means emoluments last drawn w.e.f. 1-9-82 and Average of last ten months preceeding the date of retirement upto 31.8.82
Pension calculated above is for maximum period of 33 years of qualifing service and is to be reduced proportionately if the Q.S. is less than 33 years i.e.

                         Pension (a+b+c)    x Actual Q.S. (Max-33)
33Maximum Monthly Pension – rs.1500/-
Retired at the age of 65 years with ROPA’81
Scale of Pay
Consolidation of Pension as per G.O. No.102-SE(B) dt. 15-06-98 and 388-SE(B) dt. 24-10-2000 is allowed by the Treasury Officer concerned w.e.f. 1-4-97 as per G.O. No.124-SE(B) dt. 29-06-99.

Family Pension

Pay of the Employee P.M.	Monthly
i) Rs.1200 and above	i) 12% of Pay ( Minimum 160 Maximum 250 )
ii) Rs.400 and above but below 1200	ii) 15% of Pay ( Minimum 100 Maximum 160 )
iii) Below Rs.400	iii) 30% of Pay ( Minimum 60 Maximum 100 )

 

Enhanced Family Pension
i) Death While in Service :
Family Pension at enhanced rate is payable for a period of 7 years from the date following the date of death or till the date on which the employee concerned would have attained the age of 65 years had he survived whichever period in less. Employee concerned has to put in at least 7 years continuous service prior to death.
Enhanced family pension will be 50% of the pay last drawn subject to a maximum of twice the family pension ordinarily admissible.
ii) Death after retirement
Enhanced family pension is payable upto the date on which the deceased employee concerned would have attained the age of 65 years had he survived or for 7 years whichever is less and the amount is least of the following :-

• a) y2 x last pay drawn
• b) Pension (Retiring)
• c) 2 x Normal family Pension.
  When the amount of normal family pension exceeds the amount of pension sanctioned at the time of normal retirement, the enhanced family pension shall not be less than the amount of a normal family pension.

 

Gratuity

a) For Service 10 years or more	1/4 x Amount reckonable for Pension x number of six monthly period of service (Maximum-66) Maximum amount Rs.36000/-
b) For Service less than 10 years	Y2 x Amount reckonable for pension x No. of six monthly period of service.

 

Death Gratuity
It is admissible when an employee who has completed 5 years qualifing service dies while in service and shall be paid to the nomonee/nominees or to the surviving members of the family. Amount of death gratuity is ____________________

• i) 12 x Amount reckonable for pension or
• ii) Amount reckonable for Pension x Six monthly period of Q.S. (Max-66)
  4
• Which is higher.

B. CALCULATION OF PENSION ETC. IN PERSONS RETIRED/DIED DRAWING PAY AS PER ROPA, 1990.
i) Pension
50% of last pay drawn for a maximum period of 33 years of Qualifing or motionary arrived (As per ROPA’ 1980) service to be reduced proportionately for Q.S. less than 33 years i.e.
Last pay Drawn x Actual Q.S. ( Maximum 33 years )
2                              33

Maximum monthly Pension – 375/-
Minimum monthly Pension – 2250/-

ii) Family Pension

Amount reckonable for family pension drawn p.m.	Rate of F.P. per month
a) Not exceeding Rs.1500	30% of the amount (Minimum 375)
b) Exceeding Rs.1500	20% of the amount (Minimum 450, Maximum 600)

 

iii) Enhanced family Pension (EFP)

a) Death while in Service
Employee concerned has to put in at least 7 (seven) years contineous service prior to death.
Lower of the following :-

• i) Y2 x last pay drawn
• ii) 2 x Normal family pension.
  b) Death after retirement
  Least of the following:
• i)Y2 x last pay drawn
• ii) Pension (retiring)
• iii) 2 x Normal family pension.

When the amount of normal family pension exceeds the amount of pension sanctioned at the time of normal retirement, the enhanced family pension shall not be less than the amount of normal family pension.
In both the cases (i.e. (a) & (b) above) the EFP is admissible for a period of seven years or upto the age of 65 years of age of the employee concerned had the survived whichever is less.

iv) Gratuity

a) For Service 10 years or more	Y4 x Amount reckonable for gratuity (i.e. Last Pay) x No. of six monthly period of service (Max. 66)
b) For service less than 10 years	Y2 x Amount reckonable for gratuity (i.e. last pay drawn) x No. of six monthly period of service
v) Death Gratuity
Length of Qualifing Service	Rate of Gratuity
a) less than one year	2 x Amount reckonable for gratuity *
b) one year or more but less than 5 years	6 x Amount reckonable for gratuity *
c) 5 years or more but less than 20 years	12 x Amount reckonable for gratuity *
d) 20 years or more	Y2 x Amount reckonable for gratuity * x no. of six monthly period of Q.S. (Max. 66).

* Amount reckonable for gratuity means Last Pay drawn, Maximum amount of cash gratuity Rs.60,000

C. CALCULATION OF PENSION ETC. IN RESPECT OF PERSONS RETIRED/DIED DRAWING PAY AS PER ROPA, 1998.
i) Pension : 50% of Pay last drawn or notionally arrived (as per ROPA-98) for maximum period of 33 years of Qualifing service to be reduced proportionately for Q.S. less than 33 yeas i.e.

 

Last Pay Drawn	x	Actualy Q.S. (Maximum 33)
2		33

 

Maximum Monthly Pension – Rs.1300/-
Maximum Monthly Pension – Rs.6750/-
ii) Family Pension :
30% of Pay drawn last or Notionally revised (as per ROPA’ 1998)
Maximum Monthly Pension    Rs.1300/-
aximum Monthly Pension    Rs.4050/-
iii) Enhanced family Pension (EPF)
a) Death while in Service
Employee concerned has to put in at least 7 years contineous services prior to death.
Lower of the following :

• i) Y2 x Last Pay Drawn
• ii) 2 x Normal family pension.

b) Death after retirement
Least of the following :

• i) Y2 x last pay drawn
• ii) Pension (Retiring)
• iii) 2 x normal family pension.

When the amount of normal faimly pension exceeds the amount of Pension sanctioned at the tome of normaql retirement, the enhanced family pension shall not less than the amount of normal family pension.
In both the cases (i.e. (a) & (b) above ) the EFP as admissible for a period of seven years or upto the age of 65 years of age of the employee concerned had he survived whichever is less.

iv) Retiring Gratuity

a) For Services of 10 years or more	Y4 x Emolument last drawn (i.e. BP ) DA ) x No. of six monthly period of service.
b) For service less than 10 years	Y2 x Amount reckonable for gratuity (i.e. BP + DA ) x No. service.
Death Gratuity
Length of Q.S.	Rate of Death Gratuity
a) Less than one year	2 x amount reckonable for gratuity (i.e. BP + DA ) last drawn
One year or more but less than five years	6 x Amount reckonable for gratuity (i.e. BP + DA last drawn).
c) 5 years or but less than 20 years	12 x Amount recknable for Gratuity (I.e. BP + DA last drawn)
d) 20 years or more	Y2 x Amount reckonable for Gratuity (i.e. BP + DA last drawn) x of six monthly period of Q.S. (Maximum 66)

Maximum Amount – Rs.2.5 lakh.

10A. What are the different ‘Terms’ used in W.B. Recognised Non-Govt. Educational Institution Employees (Death-cum-Retirement Benefit ) Scheme,1981 ?
i) Emolument
‘Emolument’ means the emoluments which the employee was receiving immediately before his retirement and includes-

• a)Basic Pay
• b)Personal Pay
• c) Special Pay
• d) Dearness Pay

ii)’ Qualifing Services’ (i.e. Q.S.)
‘Qualifing Services’ is the edmissible period service on which Pension and gartuity is calculatated while calculating Q.S. the following paints are to be taken into A/c. :-

• a) Except for compensation gratuity, the service rendred by an employee before the completion of 18 (Eighteen) years of the age shall not qualifing for pansion.
• b) Contineous mservice of a whole time approved employee in any educational institutional shall count as Q.S.
• c) War service rendred between 3rd September, 1939 and 1st April 1946 by an employee shall count as qualifing for pension under this mscheme provided the employee concerned was absorbed as an employee on or before 1st January, 1948 and the service would have otherwise qualified for pension.
• d) Service rendred before pertition i.e. during the period upto 14th August, 1947 by an employee in any affilisted institution in areas included in East Pakistan (Now Banladesh ) shall qualify for pension and the period of break from the date of leaving the institution in East Pakistan (Now Bengladesh) and the date of appointment in any institution in West Bengal to be treated as automatically condoned.
  Affilieation of a school will be verifyied on the basic of documentary evidence. In the absence of documentary evidence, contempory evidence duly signed by bDirector (i.e. Director of Public Instruction, West Bengal/Director of School Education , West Bengal /Director of Librarary Services,West Bengal as the case may be ) or any officer authorised by him, will be accepted.
  Services rendred by an employee under Govt. if any will count towards pension. The Service in an institution before its recognition will not counrt.
• e) All periods of authorised leave other than extra-ordinary leave without pay shall count as qualifing service.
  E.O.L. granted on medical ground shall however, count as Q.S.
  E.O.L. other than medical ground also counts as Q.S. provided that the apponting authority at the time of granting such leave allow the period of that leave to count as Q.S. if the leave is granted to an employee :-
• i) due to his inability to join or rejoin duty on account of civil commotion or
• ii) for prosacuting higher scientific and technical studies.
• f) Period of suspension followed by reinstetment count as qualifing services provided it is treated as duty,otherwise it shall not count as Q.S.g) Period of break in service even through condoned shall not count as qualifing service.
• h) Break in Q.S. of an employee for a period exceeding 12 months shall entail for future of his past service unless this break is for feiture condoned by the competent authority (i.e. Director or any officer authorised by him).
• i) Fractions of a year equal to six months and above shall be treated as completed six monthly period for the purpose of calculation of any pension under this Scheme.
• j) Staff of an education institution, the officers of whom has duty been approved in the Director or on Officer authority by him or by the authority refered in Subpara 5(a)(i) of the DCRB Scheme, 1981
• iii) Employee “mean or teaching or a Non-teaching.

10B. What is the definition of ‘Family’ under the D.C.R.B. Scheme, 1981
In terms of para 5(s) of the W.B. Recognised Non-Govt. Educational Institution Employees (Death-cum-Retirement Benefit) Scheme, 1981 ‘Family includes the following relatives of an employee namely –
1. For the purpose of Death gratuity

• i) Wife in case of a male employee
• ii) husband in case of a female employee
• iii) sone including step sons
• iv) unmarried and widowed daughters including step daughters
• v) adopted sons/daughters
• vi) bothers below the age of 18 (eighteen) years and unmarried or widowed sisters
• vii) father
• viii) mother

2. For the purpose of family pension

• i) Wife in the case of male employee
• ii) husband in the case of a female employee
• iii) minor sons including adopted sons
• iv) unmarried minor daughters including adopted daughters
• v) dependent parents
• Note : Adoption or marriage after retirement will not be recognised for the purpose of family pension.

10C. What is the period during which family pension is payable.?
Family pension is payable :-

• a) in the case of widow/widewar upto the date of death or remarriage whichever is earlier.
• b) in the case of minor son until he attains the age of 18 years.
• c) in the case of unmarried daughter until she attains the age of 21 years or marriage whichever is earlier.
• d) in case of dependent parents upto the date of their daeth or remarriage, whichever is earlier.
  

  Note:

  Where an employee is survived by more than one widow, the family pension shall be paid to them in equal shares. On the death of one widow, her share of the pension shall become, Payable to her minor children. If at the time of her daeth a widow leaves no eligible minor child, the payment of her shares of pension shall cases. (Para 26, Chapter-VII of the Scheme)