(1)
The management of the following schemes :-
(b) General Provident Fund-cum-Pension-cum-Gratuity Scheme (Appendix A);
(c) Contributory Provident Fund-cum-Gratuity Scheme (Appendix B) shall be vested in the Board of Management.
(2)
The provisions of this Statute shall be deemed to have come into effect from 20th September, 1985. The provisions relating to pension including extraordinary pension and gratuity made in the Schemes shall, however, come into effect with effect from 1.1.1986.
Definitions
(3)
In these schemes, unless there is anything repugnant in the subject or context.
(a) "employee " means any person appointed by the University as a member of its staff and includes teachers and other academic staff of the University.
(b) "emoluments " means the pay as defined in clause 3(h), dearness pay which the employee was receiving immediately before his retirement or on the date of his death. It also includes interim relief and ad hoc dearness allowance for the purpose of retirement pension and gratuity.]
(1)
In respect of persons who have come over to the revised scales of pay introduced w.e.f. 1.1.86, emoluments mean basic pay only from that date.
(2)
If an employee immediately before his retirement or relinquishment of service, has been absent from duty on leave with allowances, his emoluments for purposes of calculating service gratuity/or death or retirement gratuity shall be taken as what he would have drawn had he not been absent from duty:
Provided that the amount of 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.
(3)
Pay drawn by an employee while on foreign service shall not be treated as emoluments but the pay which he would have drawn under the University had he not been on foreign service shall alone be treated as emoluments.
(4)
Pay includes the pay drawn on tenure appointment(s).
(c) "Average Emoluments " means the average of the emoluments as defined above calculated in respect of the last ten months of serves: Provided that if, during the last 10 months of service, a person has been absent from duty on leave without allowances or suspended under such circumstances that the period of suspension does not count as service, the period so passed shall be disregarded in the calculation of average emoluments and an equivalent period prior to 10 months being included.
(d) "family " for the purpose of General Provident Fund and Contributory Provident Fund means:
(e) "Finance Officer " means Finance Officer of the University.
(f) "fund " means the General Provident Fund or the Contributory Provident Fund of the University as per context.
(g) "leave' means any variety of leave recognized by the University.
(h) "pay " means the amount drawn monthly by a person as pay which has been sanctioned for the post held by him substantively or in an officiating capacity and includes special pay, personal pay and deputation duty allowance, if any.
(i) "personal pay " means additional pay granted to a person—
(i) to save him from a loss of substantive pay in respect of a permanent post owing to revision of pay or to any reduction of such substantive pay other wise than as disciplinary measure; or
(ii) in exceptional circumstances on other personal considerations.
(j) "qualifying service " means service rendered by an employee in a substantive capacity including periods spent on probation. All service rendered in the University on a full time basis in a temporary or officiating capacity without interruption followed by confirmation in the same or another post shall count as qualifying service except in respect of periods of service paid from contingencies.
(i) All periods of leave with pay and allowances shall count as qualifying service.
(ii) The period spent on deputation or training or deputation for any special purpose including periods of travel to and from the country of deputation, shall count as qualifying service; provided that if the employee has availed himself of any extraordinary leave without allowances during the period of deputation, the period of such extraordinary leave shall be excluded except as provided under Note below sub-clause (ii) of Explanation II.
(i) Time passed under suspension by a member of the staff pending inquiry into his conduct where on conclusion of the inquiry he has not been fully exonerated or the suspension is not held to have been wholly unjustified; unless the Board of management expressly declares at the time that it shall count, and then it shall count only to such extent as the Board of management may declare.
(ii) Extraordinary leave without allowances.
(1)
if it is taken on appointment in another University institution or any other Authority and that University Institution/Authority or `the person concerned makes necessary contribution towards his pension;
(2)
it is taken on medical certificates;
(3)
if it is taken due to the inability of the person concerned to join or rejoin duty due to civil commotion or a natural calamity or any other cause beyond his control provided that he has no other type of leave to his credit; and
(4)
if it is taken for academic pursuits directly connected with the teaching/research job of the employees in the University.
(iii) Unauthorised absence in continuation of authorized leave of absence.
(iv) Service below the age of 18 years.
(a) for which Post-Graduate Research or specialist qualifications or experience in scientific, technological or professional field is essential; and
(b) to which candidates of more than twenty-five years of age are normally recruited. Provided that this concession shall not be admissible to any such employee unless his actual decision to grant this concession shall be taken by the Board of Management at the time of recruitment of the employee.
(a) The Board of Management may, by order condone interruption in service up to a period of one year under the following circumstances:
(k) "special pay " means an addition in the nature of pay to the emoluments of a post or of a person granted in consideration of the specially arduous nature of his duties or of a specific addition to his work or responsibility.
(l) "tenure post " means a permanent post which an individual may not hold for more than a limited period.
(m) "year " means the financial year of the University.
(n) "university " means the Indira Gandhi National Open University.
(o) "Registrar " shall mean the Registrar of the Indira Gandhi National Open University dealing with Administration.
(p) "Vice-Chancellor " means the Vice-Chancellor of the Indira Gandhi National Open University.
(4)
(a) Application of Statutes
(b) A person who holds a temporary appointment in the service of the University shall, after continuous service of one year, be entitled to the benefits of the General Provident Fund-cum-Pension-cum-Gratuity Scheme set out in Appendix `A' to this Statute, or according to his option of the Contributory Provident Fund-cum-Gratuity Scheme set out in Appendix `B' to this Statute, from the date of commencement of service.
(5)
The provisions of this Statute shall not apply to purely temporary and daily wage staff, persons appointed on consolidated salary or on special terms and deputationists. The pensioners re-employed after superannuation are eligible only for Contributory Provident Fund. The persons appointed on contract, for a fixed term, shall be governed by the provisions of Appendix `B' to this Statute. No person who is permitted to subscribe to the Contributory Provident Fund shall be eligible to subscribe to the General Provident Fund.
Provided that a person who is initially appointed on contract and is subsequently continued permanently shall have on cancellation of his contract terms, the option to choose either of the two Schemes set out in Appendices A and B and he shall have for the purpose of these schemes the benefit of the service rendered under contract, if the retirement benefits under the contract terms are paid back by him to the University.