Rule, 2011

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

GOVERNMENT OF PUDUCHERRY

DEPARTMENT OF HINDU RELIGIOUS INSTITUTIONS AND WAKF

NOTIFICATION

The Lieutenant-Governor, Puducherry is pleased to approve the rules appended hereto for governing the implementation of the scheme for the payment of pension to the retired Ulemas of Wakf Institutions situated in the Union territory of Puducherry.

2. This issues with the concurrence of Finance Department vide their U.O. No. l4081/F.4/2011, dated 24-2-2011.

Registered with the Registrar of Newspapers for India under

No. M. 8270 Registered No.

WPP No. 88(556) Dated : 2-8-2011 Price : ` 5-00 The Gazette of Puducherry

PART - II

No. 16 Poudouchéry Mardi 2 Août 2011 No. Puducherry Tuesday 2nd August 2011 (11 Sravana 1933)

THE ULEMA PENSION SCHEME RULES, 2011

1. Short title, extent and commencement.— (i) These rules may be called the Ulema Pension Scheme Rules, 2011.

(ii) They shall extend to the whole of the Union territory of Puducherry.

(iii) They shall come into force at once.

2. Definitions.— In this scheme, unless the context otherwise requires,—

(a) “Act” means the Wakf Act, 1995 (Act 43 of 1995);

(b) “Competent authority” means the Sanction Committee appointed in terms of rule 3 of this scheme or an officer appointed by the Government for the purposes of this scheme;

(c) “Form” means a form appended to these rules;

(d) “Government” means the Administrator of Union territory of Puducherry appointed by the President of India under article 239 of the Constitution of India;

(e) “Pension” means monthly assistance/annuity given to Ulema on retirement;

(f) “Sanction” means the sanction of the competent authority;

(g) “Ulema” means any person who has acquired any degree, diploma or certificate on Islamic theology or the Arabic language from any University, College, School, Arabic College or Madarassa which consists of persons who have acquired a good knowledge of Islam.

Explanation: Any person who has put in continuous service of at least five years as Pesh Imam or Moazzin in any mosque registered as Wakf or attached to a registered Wakf, any person who has imparted instruction in Islam or the Arabic language for a continuous period of at least five years in any Arabic College, School or Madarassa registered as a Wakf, shall be deemed to have acquired a good knowledge of Islam.

(h) A “Wakf” shall have the same meaning as defined under section 3(r) of the Wakf Act, 1995 and for the purpose of this scheme it shall be construed as such Wakfs/Wakf Institutions that are surveyed and notified by the Government under the Act and coming under the administrative control of the Puducherry State Wakf Board.

3. Sanction Committee.— (a) The Government shall constitute a Committee (Sanction Committee) consisting of the Minister for Wakfs as the Chairman and the following as members:

(i) One member each from Puducherry/Karaikal/ Mahe/Yanam region representing the Wakf Board;

(ii) A representative of the Jamiat-Ul-Ulema, Puducherry;

(iii) The Under Secretary/Deputy Secretary to Government of Puducherry in charge of Wakfs; and

(iv) The Chief Executive Officer-cum-Secretary of the Puducherry State Wakf Board - Convenor-cum-Member- Secretary;

(b) The Sanction Committee shall be treated as a First Class Committee for purposes of travelling allowance and dearness allowance. The expenses shall be met by the Wakf Board.

(c) The address of the Sanction Committee shall be that of the Convenor-cum-Member-Secretary. Its records and minutes shall be kept in the Office of the Convenor-cum-Member-Secretary.

(d) The meetings of the Sanction Committee shall be held twice a year. Its decision shall be communicated by the Convenor-cum-

4. Powers of the Sanction Committee.— The Sanction Committee shall have the power—

(a) to call for applications for pension from eligible persons under the scheme;

(b) to conduct enquiries through the Puducherry State Wakf Board or the Revenue authorities or by both;

(c) to scrutinise the applications and pass orders sanctioning or rejecting a pension;

(d) to review the financial status or other material details of a pensioner and cancel, reduce or enhance the pension at any time, if the circumstances warrant; and

(e) to make recommendations generally to improve the status of Ulemas/Moazzins/Muzavars/Teachers in Madarassas.

5. Eligibility for pension.— A pension under the scheme may be sanctioned to any person, who—

(i) is an Ulema;

(ii) has put in a service'of at least twenty years as Teacher of Islamic theology/Arabic language in Madarassa or as Pesh Imam or Moazzin in Mosque or Muzavar in Dargah;

(iii) is above the age of sixty years:

Provided, that the requirement of age may be relaxed from 60 years to 50 years and the requirement of qualifying service from 20 years to 10 years in the case of applicants for Ulema Pension who are handicapped or who suffer from any permanent disability, subject to the production of medical certificate issued by the Resident Medical Officer or any other authority competent to do so; and

(iv) has no other satisfactory means of livelihood.

6. Amount of pension.— The amount of pension that may be sanctioned to an Ulema/Moazzin/Muzavar/Teacher under the scheme shall not be more than ` 1,000 (Rupees one thousand only) per month or 50% of the last emolument drawn, whichever is less. The pension sanctioned shall be payable from the date of issue of the sanction order or from any other date specified therein and it cannot be commuted in exchange for the lump sum amount. The pension will cease on the death of the pensioner. Surviving spouse, who was wholly dependent on the pensioner becomes eligible for pension not exceeding 50% of the pension drawn by the pensioner on the date of death.

7. Suspension and cancellation of pension.— If at any time it is satisfactorily brought to the notice of the Sanction Committee that any pension was sanctioned by the committee on wrong or false information or on mistaken grounds, the committee shall cancel the pension. The Convenor-cum-Member-Secretary shall be empowered to suspend the pension pending consideration, of the Sanction Committee. The pension is l i ab le fo r cance l la t ion i f the pens ioner i s absen t f rom the Union territory of Puducherry for over three consecutive calendar months, provided, that if the pensioner returned to Puducherry at any time and continued to reside here, the committee shall revive the payment after due verification of the facts relevant to the continuance of the pension, since the sanction of pension is limited to the Union territory of Puducherry only. In such cases, the pensioner shall not be eligible for arrears of pension. The pension is also liable for cancellation, if the pensioner is found to be working elsewhere and drawing emoluments more than that of the quantum of pension offered under this scheme. If the pensioner is in receipt of any other pension for an equal amount or more, the pension sanctioned under this scheme shall stand cancelled.

8. Method of payment.— The amount of pension due in a month shall be paid before the 15th of the succeeding month by the Puducherry State Wakf Board subject to availability of funds in the budget. The monthly pension may also be paid by money order to the pensioner at the cost of the Wakf Board, provided, the pensioner furnishes advance cash receipt. A muster of the pensioner shall be taken by the Wakf Board at the time of first payment and thereafter at intervals of every six months.

9. Sanctions to be regulated with reference to budget.— The Sanction Committee shall regulate the sanctions of pension that the total commitment in a year including the cost of meetings shall be restricted to the budget provision made by the Government for the purpose.

10. Powers of the Government.— (a) The Government may, from time to time, issue to the Sanction Committee such general or special directions as it may deem fit and in the performance of its duties, and exercise of its powers, the Sanction Committee shall comply with any such directions.

(b) Power to amend the scheme.— The power to amend this scheme shall be vested solely with the Government of Puducherry.

11. Interpretation.— If any doubt or dispute arises with reference to the interpretation of any of the clauses of this scheme, the matter shall be referred to the Government, whose decision on the same shall be final.

12. Forms. —

(a) The application for pension shall be in Form-A.

(b) The sanction order shall be in Form-B.

(c) Intimation of change of address shall be in Form - C.

(d) Death intimation of the pensioner shall be in Form - D.

(e) Pension Book issued to the pensioner shall be in Form - E.

(f) Register containing details of Ulema Pensioners shall be in Form - F.

(g) Acquittance for pension paid shall be in Form - G.

FORM – A

APPLICATION FOR GRANT OF PENSION TO RETIRED ULEMA

1. Name in full (In block letters) :

2. Permanent address :

3. Date of birth (Proof to be attached) :

[If below 60 years, state whether he comes under relaxation category of physically handicapped along with proof thereof].

4. Qualification :

(Proof to be attached)

5. Qualifying service for pension :

(Cer t i f i ca te o f exper ience to be attached) [If below 20 years, state whether he comes under relaxation category of pysically handicapped along with proof thereof].

6. Identification marks on the body : (a) of the applicant. (b)

7. Present occupation and income from :

the occupation.

8. Other sources of income :

9. Name and address of nominee :

Place : Signature of applicant.

Date :

DECLARATION

I solemnly declare that the particulars furnished in the application above are true. I agree to abide by the terms and conditions of sanction of pension under the Ulema Pension Scheme, 2011.

Signed in the presence of : Signature of applicant.

Affix passport size photo

CERTIFICATE OF EXPERIENCE

(Under Ulema Pension Scheme, 2011) This is to certify that Janab ......................................... .................. son of Janab ............................................................. has put in a service of ...................years................ months .......................days as.............................................................................. in the Wakf Institution mentioned below :—

2. The registration details of the Wakf Institution mentioned are as follows:

3. Certified that the information furnished above are as per records of the Wakf Institution and as per my personal knowledge as Muthawalli/ President/Trustee of the Wakf Institution.

4. I undertake my personal liability for all the consequences, if the particulars furnished by me are proved as false or not genuine at a later date.

Seal of the Institution :

Signature :

Name :

Designation :

Date :

Note: The certificate should be signed only by the authorised officer/ office bearer of the Wakf Institution in which the applicant worked. Name and address of Wakf Institution Post held Period of service and length of service From To Last pay drawn

FORM-B

SANCTION ORDER

No: Dated :

Thiru .............................................. was considered by the Sanction Committee. Thiru ................................................................. has been found eligible for sanction of Ulema Pension under the Ulema Pension Scheme, 2011. Accordingly, he is sanctioned a monthly pension of ` 1,000 (Rupees one thousand only) with effect from ............................. . He is directed to approach the undersigned at (office address) ................................................................. to receive his pension. (Sanction Committee).

To

FORM-C

FORM OF CHANGE OF ADDRESS

I, .................................................., a pensioner under the Ulema Pension Scheme, 2011, with Pension Order No....................... hereby inform that I have changed my address, which is furnished hereunder: New address with name :

Place : Signature of pensioner.

Date :

FORM - D

FORM OF DEATH INTIMATION OF PENSIONER BY

HIS SPOUSE/CLOSE RELATIVE

Thiru ......................................... , pensioner under the Ulema Pension Scheme, 2011 (Pension Order No. .......................... ), expired on .................................... and his death certificate is enclosed herewith. Place : Signature of spouse/ Date : close relative.

ULEMA PENSION SCHEME, 2011

FORM - E

PENSION BOOK

(Cover Page)

GOVERNMENT OF PUDUCHERRY

Department of Hindu Religious Institutions and Wakf

PENSION BOOK

Pension No:

1. Name and address of the pensioner :

2. Father’s/ Husband’s name :

3. Sex : Male/Female

4. Date of b i r th /age as on date of :

sanction.

5. Signature /Thumb-impression of the :

pensioner.

6. Signature of the issuing authority with :

office seal.

Sl.

No.

Pension No.

Name and address of the pensioner Sanction No.

and date Month from which sanctioned Initial of the disbursing official

FORM - F

REGISTER OF ULEMA PENSIONERS UNDER

THE ULEMA PENSION SCHEME, 2011

(Inner Page) Details of payment— Month for which the pension is due Date of payment impression of the pensioner Signature of the disbursing official U L E M A P E N S IO N S C H E M E F O R M - G A C Q U IT T A N C E F O R P E N S IO N P A ID T O U L E M A S Sl. No.

Pension No.

Name and address of the pensioner A p ril M a y J u n e Ju ly A u g u s t Date on which sent Date of payment Date on which sent Signature of pensioner Date of payment Signature of pensioner Date on which sent Date of payment Signature of pensioner Date on which sent Date of payment Signature of pensioner Date on which sent Date of payment Signature of pensioner N o v e m b e r D e c e m b e r J a n u a ry F e b ru a ry M a rc h S e p te m b e r O c to b e r Date on which sent Date of payment Signature of pensioner Date on which sent Date of payment Signature of pensioner Date on which sent Date of payment Signature of pensioner Date on which sent Date of payment Signature of pensioner Date on which sent Date of payment Signature of pensioner Date on which sent Date of payment Signature of pensioner Date on which sent Date of payment Signature of pensioner (B y o rd e r o f th e L ie u te n a n t-G o v e rn o r) R . A R U N A C H A L A M U n d e r S e c re ta ry to G o v e rn m e n t (W a k f).

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