Pensions Act

Government Servants (Allowances) Regulations 1962

[GN 59 of 1962 – 7 July 1962] [Section 3]

[EDITORIAL NOTE – GN 250 of 1980 made the delegation of authority by President of the Republic on his behalf to the persons holding office of Financial Secretary, Deputy Financial Secretary, Assistant Financial Secretary, the Permanent Secretary and the Principal Assistant Secretary in the Ministry of Finance to exercise the powers and duties vested in him under regulations 3, 3A, 9(1),9(2); GN 117 of 1969 made the delegation of authority by President of the Republic on his behalf to the Secretary to the Cabinet to exercise the power vested in him under regulation 10.]

1. These regulations may be cited as the Government Servants (Allowances) Regulations 1962.

2. In these regulations –

"casual employee" means a Government servant paid solely from other charges and who is not included in the authorised Schedule of Permanent Employees published as an Appendix to the Annual Estimates;

"Government servant" means a Government employee, including a labourer, who, but for these regulations, would not be eligible for the grant of any pension, gratuity or other allowance on the cessation of his employment;

"permanent employee'' means a Government servant appointed as a permanent employee by notification in writing by the head of a department or other authorised person and for whose remuneration a token provision has been made in the Personal Emoluments section of the Annual Estimates and duly authorised by the Assembly.

[Reg. 2 amended by reg. 2 of GN 46 of 1963 w.e.f. 1 July 1962.]

3. Subject to these regulations, a compassionate allowance may be granted by the President from such funds as may be provided by the Assembly for that purpose, to any Government servant who –

(a) (i) has reached the age of 50 years; and

 (ii) has been in the regular employment of Government for a consecutive period of 25 years; or

(b) (i) has been required by the President of the Republic to retire from the service after reaching the age of 60 years; and

 (ii) has been in the regular employment of Government for a consecutive period of 10 years; or

(c) (i) has been certified by a medical board to the satisfaction of the President of the Republic to be no longer capable of performing the duties of his post by reason of infirmity of body or mind likely to be permanent and not due to his own misconduct; and

 (ii) has been in the regular employment of Government for a consecutive period of 10 years; or

(d) (i) retires on retrenchment;

 (ii) is not, at the time of such retirement, offered alternative permanent employment under the State or approved by the Government; and

(iii) has been –

  (A) a permanent employee for a consecutive period of 5 years; or

  (B) a casual employee or other Government servant for a consecutive period of 10 years.

[Reg. 3 amended by reg. 2 of GN 3 of 1964 w.e.f. 1 July 1962; reg. 2 of GN 103 of 1969 w.e.f. 1 July 1962.]

3A. (1) Subject to these regulations, a gratuity, not exceeding 5 times the annual amount of the compassionate allowance which a Government servant would have received had there been no qualifying period of 10 years, may be granted by the President of the Republic from such funds as may be provided by the Legislative Council for that purpose, to such Government Servant who –

 (a) is a permanent employee who has been in the regular employment of Government for a consecutive period of less than 10 years or is a casual employee who has been in the regular employment of Government for a consecutive period of not less than 5 years but of less than 10 years; and

 (b) retires in the undermentioned circumstances –

  (i) after reaching the age of 60 years; or

  (ii) on medical grounds; or

  (iii) on retrenchment; or

  (iv) in the public interest.

(2) This regulation shall not apply to any Government servant who may qualify for a compassionate allowance under regulation 3(4).

[Reg. 3A inserted by reg. 3 of GN 46 of 1963 w.e.f. 1 July 1962; amended by reg. 3 of GN 3 of 1964 w.e.f. 1 July 1962; reg. 2 of GN 114 of 1966 w.e.f. 1 July 1962.]

4. Where any Government servant employed by the Ministry responsible for the subject of public infrastructure shall have been paid out of funds provided by any District Board, such Government servant shall, for these regulations, be deemed to have been in the regular employment of Government in respect of any period of service during which he shall have been so paid.

5. (1) Any Government servant who remains unemployed and who has not applied for employment for more than 12 consecutive months shall be held to have voluntarily resigned, and service previous to such break shall not be computable under these regulations.

(2) Any Government servant who remains unemployed though he has applied for employment shall not be debarred from having his service previous to involuntary breaks computed for the purpose of a compassionate allowance being granted to him except in cases where the break has been continuous for a period of 2 years or where successive breaks of lesser duration than 2 years amount in the aggregate to a period of 5 years or more.

(3) Service prior to a break of service may be taken into account in the computation of a compassionate allowance under these regulations, together with service subsequent to such break, if the whole intervening period has been spent in some other employment under the State or approved by the Government.

6. For these regulations, a Government servant shall not be deemed to have been in the regular employment of Government for any stated number of years unless he has been in the employment of Government for a minimum of 150 days in every such year.

7. (1)(a) A compassionate allowance granted under these regulations shall be payable monthly and calculated on the average annual wages for the 5 years preceding retirement on the following basis –

  (i) for every completed year of service at the rate of one sixtieth of such average annual wages ;

  (ii) for each completed month of service in excess of the number of completed years of service at the rate of one seven hundred and twentieth of such average annual wages:

Provided that the number of completed years to be taken into consideration, shall in no case exceed 40.

 (b) For purpose of calculation under these regulations –

  (i) each period of 365 working days' service shall be reckoned as one completed year and each period of 30 working days shall be reckoned as one completed month;

  (ii) working days shall include Sundays, public holidays, days on which the Government servant concerned was on paid leave and days, not exceeding a period of 6 months in any one period of 365 working days' service, during which the Government servant concerned was on sick leave without pay;

  (iii) annual wages shall include the full wages that would have been paid in respect of any period of sick leave on half pay and in respect of any period, not exceeding 6 months in any one year, of sick leave without pay.

(2) (a) Any permanent employee to whom a compassionate allowance is granted under these regulations may, if he has exercised his option as hereinafter provided, but not otherwise, be paid in lieu of such compassionate allowance a compassionate allowance at the rate of three quarters of such compassionate allowance, together with a gratuity equal to twelve and a half times the amount of the annual reduction so made in the compassionate allowance.

(b) The option referred to in paragraph (2)(a) shall be exercisable, and if it has been exercised may be revoked not later than the day immediately preceding the date of such permanent employee's retirement:

Provided that the President of the Republic may, if it appears to him equitable in all the circumstances so to do, allow him to revoke an option previously exercised or, if he has not exercised the option, to do so at any time between that date and the actual date of award of compassionate allowance under these regulations.

(c) Subject to paragraph (2)(b), if a permanent employee has exercised the option, his decision shall be irrevocable so far as concerns any compassionate allowance to be granted to him under these regulations.

(d) If a permanent employee who has not exercised the option, dies after he has finally retired but before a compassionate allowance has been awarded under these regulations, it shall be lawful for the President of the Republic to grant a gratuity and a reduced compassionate allowance as provided in paragraph (2)(a), as if the permanent employee before his death had exercised the option.

(e) The date of the exercise of the option by a permanent employee shall be deemed to be the date of the receipt of his written notification addressed to the Chief Secretary.

(f) A re-employed permanent employee shall be entitled, in respect of his service subsequent to re-employment, if he earns a fresh compassionate allowance, to exercise the said option:

Provided that if a re-employed permanent employee does not exercise the option as aforesaid, he shall be deemed to have exercised, or not to have exercised, in respect of his service subsequent to re-employment, the said option, according as he exercised or did not exercise such option in respect of such previous service, even if, in respect of such previous service, the option was not available to him.

[Reg. 7 amended by reg. 2 of GN 137 of 1968 w.e.f. 1 July 1968.]

8. (1) Each application for a compassionate allowance under these regulations shall be submitted to the President of the Republic accompanied with a "Statement of Particulars" in the form of First Schedule, duly completed.

(2) Registers in the form of Second, Third and Fourth Schedules shall, for these regulations be kept by the heads of departments concerned.

9. (1) Where any Government servant shall die while in the employment of Government (and whether he shall be on leave of absence on full pay, half pay or without pay at the time of his death) and has been in the regular employment of Government for a consecutive period of not less than 10 years calculated in the manner indicated in regulation 6, the President of the Republic may order that there shall be paid to his widow or to his minor children or other dependants a gratuity –

 (a) of 3/60 of such Government servant's average annual wages in respect of each completed year of service;

 (b) of 3/720 of such average annual wages in respect of each completed month of service in excess of the number of completed years of service:

Provided that the maximum gratuity payable under this paragraph shall not exceed 12 months' pay.

(2) Where any Government servant to whom a compassionate allowance has been granted under these regulations shall die, the President of the Republic may order that a gratuity of one month's compassionate allowance from the day following the date of his death, shall be paid to his widow or to his minor children or other dependants.

(3) In this regulation –

 "dependant" means –

 (a) the deceased's widow;

 (b) the deceased's mother wholly or mainly dependent on the deceased for support;

 (c) the deceased's minor children;

 (d) the deceased's minor step children wholly or mainly dependent on the deceased for support;

 (e) other minor children of the deceased's household wholly or mainly dependent on the deceased for support;

 "pay" means "the remuneration drawn by the employee at the time of his death.

[Reg. 9 amended by reg. 3 of GN 137 of 1968 w.e.f. 1 July 1968.]

10. Where the employment of a Government servant who has been in the regular employment of Government for a consecutive period of 10 years, is terminated on the ground that, having regard to the conditions of the public service, the usefulness of the Government servant thereto and all the other circumstances of the case, such termination is desirable in the public interest, and a compassionate allowance cannot otherwise be granted to him under these regulations, the President of the Republic may, if he thinks fit, grant such compassionate allowance as he thinks just and proper, not exceeding in amount that for which the Government servant would be eligible if he retired from the service in the circumstances described in regulation 3(3).

11. 

_______________

FIRST SCHEDULE

[Regulation 8(1)]

COMPASSIONATE ALLOWANCES GRANTABLE UNDER

GOVERNMENT NOTICE NO.

STATEMENT OF PARTICULARS

Department ....................................

Name .............................................................. Age .................................................

Length of service from .......................... to ....................................................................

Total service – in days ......................

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