Deemed Resignation for unauthorised absence on expiry of leave or foreign assignment
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
New Delhi dated the 3rd Nov, 2015
The Chief Secretaries of all the States/UTs
Subject:- Instructions / guidelines under rule 7(2) of AIS(Leave) Rules 1955 to process deemed resignationfor being unauthorisedly absent after expiry of Leave / Study Leave/ Foreign Assignment etc.
The following procedure shall be followed in the cases of unauthorized absence and to initiate proceedings of deemed resignation under rule 7(2) of AIS(Leave) Rules 1955:-
(a) A Member of Service (MoS), if remains unauthorisedly absent after the sanctioned period of leave / studyleave / tenure of Foreign Assignment as prescribed under rule 7(2) of AIS(Leave)Rules, 1955, there shall be a one month waiting period after the end of leave period / tenure of foreign assignment etc. After that the concerned State Government shall issue a show cause notice, thereby giving an opportunity to the MoS to explain his / her case. Thereafter, if the MoS does not return to duty, the State Government concerned shall initiate proceedings of deemed resignation under rule 7(2) of AIS(Leave) Rules 1955 and forward a complete proposal to the Central Government for effecting deemed resignation within next two months. If the StateGovernment fails to comply with these instructions and does not adhere to the aforesaid timeline, the Central Government shall initiate proceedings of deemed resignation under rule 7(2) of AIS(Leave) Rules 1955 on its own. The term ‘Central Government’ means the concerned Cadre Controlling Authority, i.e. Department of Personnel & Training for IAS officers, Ministry of Home Affairs for IPS officer and Ministry of Environment, Forest & Climate Change for IFS officers respectively.
(b) However, there is no bar in issuing show cause notice and seek clarification from MoS for being unauthorisedly absent any time during one year period of unauthorised absence or as otherwise provided under rule 7(2)(a) & (b) respectively. But after period of one year of unauthorised absence or as otherwise provided under rule 7(2)(a) & (b) respectively, the whole process of deemed resignation shall be completed within three months as prescribed above.
2. The above instructions / guidelines may please be brought to the notice of all the concerned authorities under your administrative control for strict compliance.
3. This issues with the approval of Competent Authority.
NPS – Clarification on Deferred withdrawal of lumpsum
NPS provides option to subscriber to defer withdrawal of lump sum of 60% up to the age of 70 years or withdraw the entire amount at once by giving 15 days advance notice during such a period of deferment.
PFRDA has issued clarification on deferred withdrawal of lump sum in New Pension Scheme.
PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY
1st Floor, ICADR Building, Plot No. 6
Vasant Kunj Institutional Area,
Phase – II, New Delhi – 110070
October 29, 2015
NPS Trust, All POP’s, Aggregators, CRA,Central, State Governments and All Subscribers
Sub: Clarification of Deferred withdrawal of lump sum
PFRDA (Exits and Withdrawals from Nation Pension System) Regulations 2015 provides option to subscriber to defer withdrawal of lump sum (60%) up to the age of 70 years.
Under the Deferred withdrawal facility, the subscribers at the time Of exit from National Pension System (NPS) can exercise an option to defer the withdrawal of eligible lump sum withdrawal and stay invested in the NPS. Subscriber has an option to withdraw the deferred lump sum amount in maximum ten annual installments up to the age of 70 years or withdraw the entire amount at once by giving 15 days advance notice during such a period of deferment.
If no such notice is given, the accumulated pension wealth would be automatically monetized and credited to his bank account upon attaining the age of 70 years.
This is for the information of all concerned. The circular also is being placed on PFRDA website at http://www.pfrda.org.in, NPS Trust website www.npstrust.org.in and CRA website at http://www.npscra.nsdl.co.in.