Back*The Punjab State Agricultural Marketing Board and Market Committees Employees Pension, Provident Fund and Gratuity Rules, 1987.


1. Short title and commencement -
(1) These rules shall be called 'The Punjab State Agricultural Marketing Board and Market Committees Employees Pension, Provident Fund and Gratuity Rules, 1987. [See Amendment]
(2) 1[ They shall be deemed to have come into force on and with effect from the first day of April 1983. ][See Amendment]

2. Application -
"i) They shall apply to all the employees of The Punjab State Agricultural Marketing Board and Market Committees established and constituted under the Punjab Agricultural Produce Markets Act, 1961. who join service on or after coming into force of these Rules and such existing employees who opt for these Rules.  The later category for employees shall have to exercise this option form 'A' appended to these rules within three months from the date of notification of these rules.
     2[ Provided that where an employee has died during the period commencing form the 1st day of April, 1983 ending with the 30th November, 1987, or where an employee, who retired from service during that period but died before the date of commencement of Government of Punjab  Department of Agriculture Notification No. GSR. 22/PA.23/S.43/Amd./89 date the 8th February, 1989 without exercising his option under this rule his or her spouse or in the absence of such any other family member may exercise the option in Form B appended to these rules within a period of one year from the date of commencement of  The Punjab State Agricultural Marketing Board and Market Committees Employees Pension, provident  Fund and Gratuity (Amendment) Rules, 1994. ]

Section 43 (2) (XXVIII)

*The rules were published in the Punjab Govt. Gazatte (Extra) dated 01-12-1987 vide Notification No. 4(23)-M-I-81/25223
1. Substituted vide Notification No. G.S.R./P.A. 23/61/S. 43/Amd./89 dated 08-02-1989. Published in the Gazatte dated 17-02-1989.
2. Added vide Notification No. G.S.R. 28/P.A. 23/61/S. 43/Amd. (1)/94 dated 22-04-1994. Published in the Gazatte dated 25-04-1994.


(ii) The employee who do not opt for these rules shall be governed by The Punjab State Agricultural Marketing Board and Market Committees Employees Provident fund and Gratuity Rules, 1965 [See Amendment]
3. Definition-
Unless there be something repugnant in the subject or context the terms defined in these rules shall be under in the sense hereinafter explained :-
(1) 'ACT ' means the Punjab Agricultural Produce Markets Act 1961( Punjab Act No. 23 of 1961);
(2) 'Active Services' active Service for the purpose of these rules, includes besides time spent on duty, all kinds of leave as given in chapter 8 of the Punjab Civil Service rules, Volume 1, part 1, except extraordinary leave taken otherwise than on medical certificate
(3) Age Age means the age as defined in rule 2,5 of the Punjab civil Services Rules, Volume-1, Part-1.
(4) Average Emoluments  the term average Emoluments means the average calculated upon the emoluments of the last ten months of qualifying service.
 
(5) Board- Board means "The Punjab State Agricultural Marketing Board" constituted and establishment under the Act
Section 3 (1).
(6) Competent Authority- (i) Competent Authority means the authority competent to sanction Pension, Gratuity and provident Fund to the employees of the Marketing Board and Market Committees. Competent Authority for the purpose of these rules shall be the Punjab State Agricultural Marketing Board in case of employees of the board and concerned Committee in the case of employees of the Market committees. Section 3 (12) and Section 20 (2)
(ii) The Board may however with the prior approval of the Government, delegate its powers under the preceding clause to the Chairman Secretary or any other officer under Section 3(17) (ii) of the Act
7. Duty - The term 'Duty' in these rules shall have the same meaning as defined in Rule 2,16 of the Punjab Civil Services Rules, Volume 1, Part 1.
Section 3 (17) 2.
8. Employees - Employees means the employee of the Punjab State Agricultural Marketing Board or Market Committees in the State as the case may be
9. Emoluments - the term Emoluments for the purpose of these rules means pay as defined in Rule 2.44 of the Punjab Civil Services Rules Volume -1, Part-1, including Dearness pay as determined by the orders of the Punjab Government issued from time to time, which the employee may be receiving immediately before his retirement of the date of his death.
10. Family- Family means the family as defined in rule 2.17 of the Punjab Civil Services Rules Volume -1, Part-1.
Section 26 (8) and Section 28 (5) .
11. Fund- Fund means the Punjab State Agricultural Marketing Board Pension Fund and Market Committee Pension Fund, as the case may be.
Section 26 (8) and Section 28 (5)
12. Market Committee- The Market Committee means the Market Committee constituted under the Act under which the employee serves.
13. Pay-Pay means the pay as defined in Rule 2.44 of the Punjab Civil Services Rules. Note- Unless the contrary appears from the context or subject the term "pay" defined in Rule2.44 of Punjab Civil Services Rules. volume-1, Part-1 does not include "Special Pay".
14.Qualifying Service- Qualifying service for the purpose of these rules means the service of the Punjab Sate Agricultural Marketing Board and the Market Committees paid from the Marketing Development Fund and Market Committee Fund as the case may be.  This also includes the service rendered under the Punjab Government or under the Board or under the Market Committee immediately before joining the service of the Board and or of the Market Committee as the case may be.
15. Pension- Except when the term Pension is used in contradistinction or to "Gratuity'. Pension includes Gratuity.
Section 12.
16. Pension Payment Authority- The Pension Payment Authority shall be one who is delegated such powers by the Board in the case of pensioners of the board and the respective Committees in the case of pension of the Market Committees.
Section 3 (12) and Section 20 (2)
4. Establishment of Fund -
(i) For the payment of pension a fund namely Punjab State Agricultural Marketing Board Pension fund and Market committees Pension as the case may be shall be established.  The Board and Market Committees in respect of their employees shall make monthly contribution @ 9.5 % of the maximum of the scale for class III and IV employees and 11.5 % of the maximum  of the scale for class I and II employees. For the purpose of contribution the employees would be classified into I, II, III, and IV as per instructions of State Government issued from time to time in case of Government employees
(ii) 1[ The fund shall be kept in the savings bank account in any branch of the Punjab State Co-operative Bank Limited or the Central Co-operative Bank Limited or in any other nationalised bank..]

Section 26 (8) and Section 28 (5)
2[4-A Investment of General Provident or Pension Fund -
The amount lying in the General provident Fund or in the Pension Fund which is not immediately required to meet the current liabilities shall with the approval of a committee as the case may be and one another member nominated by the Board or the Market Committee as the case may be, be invested in long term deposits in any nationalised bank or in the State Bank of India or in any of its subsidiaries or in any Co-operative Bank or Post Office or in any or the Central Government or State Government approved securities, bonds.
Section 3 (17) (ii) Section 25 (2)

1. Substituted vide Notification No. G.S.R. 28/P.A. 23/61/S. 43/Amd. (1)/94 dated 22-04-1994. Published in the Gazatte dated 25-04-1994.
2. Added vide bid.


1[Debenture, Unit Trust of India and the like, which are duly guaranteed by the Central Government or the State Government.

5. Operation of Fund -
(i) The fund shall be held and administered by an Authority to whom the competent Authority with the prior approval of the State Government delegates its powers.
(ii) Board/ Market Committee's contribution as mentioned in Rule 4 shall be drawn out of Marketing development Fund / Market Committees Fund as the case may be and credited into the pension Fund concerned.
(iii) All payment to be made to the employees of the Board/ Market Committees on the account of Pension and Gratuity shall be withdrawn from the Fund, established for the purpose. [See Amendment]

6. Maintenance of the Fund -
The accounts of the Fund shall be maintained in the office of the Punjab State Agricultural Marketing Board in case of employees of the Board and in concerned market Committee in case of employees of the Committee in case of the employees of the Committees. The Bank through which Pension is disbursed may also be required to keep account as per instructions issued from time to time.


1. Substituted vide Notification No. G.S.R. 30/P.A. 23/61/S. 43/Amd. (23)/96 dated 02-04-1996. Published in the Gazatte dated 03-04-1996.
7. General provisions relating to grant of pension -
Subject to the provisions of the Act and rules framed thereunder the Rules contained in Chapter-II chapter-III Rule 3.8 3.9,3.17 to 3.29 Chapter -IV, chapter-V, Chapter VI, Chapter VIII, Chapter IX of the Punjab Civil Services Rules Volume II, shall apply mutatis mutandis to the employees of the Board" may be read in place of word "Accountant General Punjab" where ever occurring in the rules referred to above .

8. Pension payment order
a) After completion of the pension papers of the employees in the form and manner given in Punjab Civil Services Rules, Volume II (with necessary changes) the same shall be sent to Resident Assistant Examiner.  Local Fund Accounts Punjab State Agricultural Marketing Board concerned for verification of qualifying service emoluments.
b) After verification of qualifying service and emoluments by the concerned Resident Audit Examiner the competent authority shall issue sanction to the grant of pension and Death-cum- Retirement Gratuity and shall simultaneously issue Pension Payment order in the from and manner as explained in Punjab Civil Services Rules, Volume-II with necessary changes.

9. Payment of Pension -
(a) On the basis of Pension Payment the Secretary Board or the Market Committee as the case may be shall also issue a copy of pension payment order to the State Bank of Patiala or State Bank of India or any other the Bank to make payment of pension to the pensioner employee every month regularly till a revised order/ instruction is issued by the competent authority.
b) While making payment of pension the pension payment authority shall be guided by the Rules 4.92 to 4.106 contained in subsidiary Treasury Rules issued under the Punjab Treasury rules, which shall apply mutandis to the pensioners of the Board and the Market Committee.


1[9-A Audit of Pension etc -
The first payment to a retiring employee with regard to pension and gratuity shall be made by the Board or the market Committee, as the case may be after getting the same audited by the examiner, Local Fund Accounts, Punjab State Agricultural Marketing Board and all subsequent monthly payment and arrears shall be paid and checked by the Examiner, Local Fund Accounts, Punjab Agricultural Marketing Board at the Post audit stage.]
Section 43 (e) (XXVIII)

1. Inserted vide Notification No. G.S.R. 28/P.A. 23/61/S. 43/Amd. (1)/94 dated 22-04-1994. Published in the Gazatte dated 25-04-1994.


10. General Provident Fund -
(I) On coming into force of the Pension Scheme the Contributory Provident Fund established by the Board/ Market Committees shall be converted into General Provident Fund and the subscription portion of the Employees Contributory Provident Fund along with interest accrued thereon shall be credited to the General Provident Fund in respect of employees who opt for these rules.
(ii)  The portion representing to the Board's / Market Committee contribution shall be credited to the Pension Fund of the Board/ market Committee as the case may be.
(iii)  The Subscribers of the Contributory Provident Fund who before the issue of these Rules and invested their balance in term deposits in accordance with the provisions of the Punjab State Agricultural Marketing board and Market Committee Employees Provident Fund and Gratuity Rules 1965 and opt for these rules shall have to deposit the 1[      ] amount board / Market Committee Contribution.  Such deposits or receipts or certificate or papers will thenceforth be given to the concerned employees for realisation on maturity or otherwise.
 

1. Word 'Principle' has been deleted vide Notification No. 4/13/M-3-81/394 dated 02-01-1993.
iv)  Subject to the provisions of Act and the Rules framed there under the rule contained in Chapter XIII of Punjab Civil Services to the employees of the Board/ Market Committees who opt for these rules.
v)  The employees joining the service of the Board / Market Committees on or after the date of coming into force of the Punjab State Agricultural Marketing  Board and Market Committees Employees Pension, Provident Fund and Gratuity Rules 1987 shall be governed by the General Provident Fund rules contained in Chapter XII of the Punjab Civil Services Rules Volume- II.
Section 43 (2) (XXVIII)


FORM OF OPTION 'A'


I .............. hereby opt for the Punjab State Agricultural Marketing  Board and Committees Employees Pension, General Provident Fund and Gratuity Rules 1987 with effect from ...........








1[ FORM OF OPTION 'B']



1.  ............. Wife/ husband of late Shri / Shrimati .......... who died on .........  while in service/ after retirement hereby opt for Punjab State Agricultural Marketing  Board and Market Committees Employees pension Provident Fund and Gratuity rules 1987.
2.  I hereby undertake to deposit the Board's Market Committee's share of the Contributory provident Fund paid to late Shri/ shrimati ............. along with compound  interest at the rate fixed by the Government till the date of deposit of such share.

* Strike out which is not applicable.





Signatures


1. Added vide Notification No. G.S.R. 28/P.A. 23/61/S. 43/Amd. (1)/94 dated 22-04-1994. Published in the Gazatte dated 25-04-1994.