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No. 6anl NEW DELHI, THURSDAY, NOVEMBER t2,20O9IKARTIKA 2l; l93l
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THE GAZETTE OF hHA : ENRAONDINARY r@lQll
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MINISTRY OF FINANCE
(Department of Financial Services)
NOTIFICATIOI!
New Delhi. the l2th November, 2009 :
1. Short tiile and Commencement- (1) These rules may be called the Lib
lnsurance Corporation of lndia Development fficers (Revision of Certain
Terms and Conditions of Service) Rules, 2009'
(2) They shall come into force on the date of their publication in the O'fficial
Gazette.
(a)'Act" fneans the Life lnsurance Corporation Act, 1956 (31 of 1956);
(b) "annual remuneration" means the basic pay, special pay, personal pry,
' 'dearness
allowance, and all other allowanees and noa'prcfit shaing or
ex-grratia bonus due to, or paid to, a Development Officer 9*i'q tft"
apf,raisal year and includes the exienes payable or reimbursed b him or
incu;red d;-* C;rpgr"tion during that year in respect of traveling,
residential telephone, mobile, insurance pre,vnium and q-*
on rnobr
vehicles, but does not include incer*iue bonus"pil b him in amr*ance
with rule 13;
(A) in the tirst year of his service from the date of publication of these rules in
the Official Gazeth the 1d day of the month following that in which he
compbtes a period of twelve months of service from the date on which
his lmt annual increment accrued (whether released or not) in accordance-
with sub-rule (2) of rule 56 of teLife lnsuranoe Corporation of lndia
(Sffi) Rubs, 1S0, and
('B) ln every sukg$efit
year of service, the first day of month following that in
ufibh he wnpb@s twelve months of service from the last appraisal date;
(e), and each period of tuefue months of service next preceding the
ryaisaldde ascerbined in amr&rre with item (A) of sub-clause (ll) of
detse (c), shall abo b an appraisalyear;
(e) "cd rdio" in rdation to a Developnrent Offoer means the ratio which his
anrnrd remuntration in arry year bears to the.eligible premium of that yrear
and expesd as a per€ritagp."of such eligible premium;
(fl "kewenf rneans reduction in basic pay by one or more stages in the
sc# d pry on one or more occmions;
(g) "&r64tt* OfFef nrciffi a ufrob-tirne salaried enrployee sf the
@rirgb CtF* ll4p'ointed asa Development fficer;
ry
. (tr) "disincer*iye" means non graril of incrsnent or decremenUs as provided in
the Table of Disincentive;
Note:
(1) The expensc limit of a Development Officer .for any appraisal year is
expressed as
^1 percentage of the eligible premium bi ffr"t year; a
Development Officer is said to exceed ine expense limit if his annual
remuneration in that year is in excess of the expense limit; such excess or
I qFrIr-Eruir3(i) ] rfTffr iilIfqqt : 3I€I8IRgI t7
(D) he is working in a rural area or remote rural area or any hilly area
- specified in Explanation (2) and (3) or any other hilly area which the Central
Government may in consultation with the Corporation by notification in the
Official Gazette specify in this behalf;
(l) "preceding year" or "relevant appraisal year" mea'ns the appraisal year
immediately preceding the relevant appraisal date;
qtKq/o9
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l8 _____. - TH E GAZETTE OF INDIA : EXTRAORDINARY lPrrr ll-Snc.3(i)l
(m) "prescribed expeRse limit" or "prescribed cost ratio" means the increased
expense limit ascertained in accordance with rule 4, where such expense
limit is applicable to a Development Officer, or if it is not so applicable to
him, the expressions shall mean the expense limit applicable to him;
(o) "service" means the period spent on duty as a Development Officer and
leave including extra-ordinary leave which has been condoned under sub-
rule (4) of rule 69 of the staff rules;
(p) "staff rules" means the Life lnsurance Corporation of lndia (Staff) Rules,
1960;
(q) "succeeding year" means the period of twelve months commencing from
the relevant appraisal date;
(s) "lncreased Expense Limit" means the Expense Limit as mentioned in rule
4.
TABLE
Operational Arqa as defined in clause A B c D E
(l) of rule 2 of the Life lnsurance
Corporation of lndia Development
Officers (Revision of Certain Terms
and Conditions of Service) Rules,
1 989
Expense Limit as provided thein 22o/o 23o/o 24o/o 25o/o 260/o
Table of Expense Limit in clause (k) of
rule 2 of the Life lnsurance
Corporation of - lndia Development
Officers (Revision of Certain Terms
and Conditions of Service) Rules,
1989 so repealed shall be taken as
base forproviding transitional
concessions for the subsequent years
based on the date of publication of
I qm il-trargr(il ] , sIT{d6,I1fqqf : ST€TUTWT
(u) words and expressions used and not defined herein but defined in the
staff rules shail have the meanings respectively assigned to them in those
staff rules. '
Provided that the increased expense limit specified in the sub-rule (1) shall
apply to relevant appraisal date commencing after the date of publication of
these rules in the Official Gazette in respect of opeiational areas 'A', 'B', 'C'
and'D'
(a) the expense limit applicable in the first, second and third appraisal years
shall be as provided in the Table as under, if he has completed 50 years
d age and not completed 52 years, at or before such commencement of
the rebvant appraisal year:
TABLE
(b) the expense limit applicable in the first, second and third appraisal yea13
shall be as under, if he has completed s2 years of age and not comileted
53 years, at or bfore such commencement of the relevant appraisal year:
(c) lhe..gxpense limit applicable in the first, secord and third appraisal years
shall be as under, if he has completed s3 years of age and not completed
54 years, at or before such commencement oJ the re6vant appraisal year:
(d) the expense iimit applicable in the first, second and third appraisal years
shall be as under, if he has completed 54 years of age, at or before such
commencement of the relevant appraisal year:
(3) Notwithstanding anything contained in sub-rules (1) and (21 of rub 4 the
percentage specified in column (2) of the Table of Disincentives as
provided in sub rule (1) of rule 6 or the percentages specified in sub-rules
(8) and (9) of rule 6 shall not be increased.
Table of Disincentives
st. Where the cost ratio is in Disincentives where the cost ratio is in excess of
No, excess of prescribed limit. prescribed limit in the appraisal year next
orecedinq the relevant aooraisal date.
On the first On the second On the third
occasion successive and
occasion subsequent
successive
occasion
1. By not more than 2o/o NIL NIL NIL
(Provided that the cost
ratio in the appraisal
year is not more than
32o/o\.
2. By more lhan 2o/o but not No No lncrement No lncrement
F more than 4% (Provided lncrement
that the cost ratio in the
appraisal year isnot
more than 32%).
3. By more than 4o/o' No No lncrement No lncrement
(Provided that the cost lncrement and one
ratio in
the appraisal decrement.
year is not more than
32o/ol.
fiMGI&STISOT'IIT'HA :.EXIRAORDTNARY
Nob:
Ex$anation:
(ii) For the purpose of tfte Table of Disincentives, the annual remuneration of
a Developirnerfi Ofiicer shall be deemed to be in excess of the prescribed
expe,nse ltmit on a suctessive occasion if such remuneration exceeds
such expense limit in two consecutive appraisal years even though the
elc.cess e€rc@e ewr the prescribed expense limit may vary and an
apraisal par ln which the Development Officer exceeds the prescribed
expens lirnit even though there is no disincentive shall be reckoned for
ascertaining whether the expeRse limit is exceeded on successive
' occasions and the disincentive "on the successive sccasion shall
conespond to the eNcess d the prescribed expense limit in the appraisal
year next preceding ttre relevant appraisaldate.
(iii) The Tab}e of Disincentives shall'be repeatedly applied, if, after conform'ing
to the prescribed expense limit, th€ Development-Otficer exceeds it agaii
at a later date.
Providd th.:t the fixation of basic pay at minimum under this sub-rule shall
not be allouted more than once during the entire service of a Development
fficer and if, on a second occasion, the basic pay so arrived at falls
[ lrmll-srrs3(i) ] c{Iffiq, Tl-qC{: 3tglelltut 25
(3) Where the basic pay of a Development Officer is reduced or fixed under
sub-rule (1) or sub-rule (2) (hereinafter refered to as "the revised basic
pay"), he shall be allowed only such allowances and other benefits as are
admissible on that basic pay:
(4) The appointing authority shall be the competent authority for implementing
the provisions of sub-rules (1), (2) and (3) and it shall determine the
mafters specified in the said sub-rules, as soon as may be, after the expiry
of the relevant appraisal year:
(5) Where the representation received under proviso to sub-rule (4) discloses,
(6) lf the Zonal Manager is satisfied that there is any merit in the
representation, he may consider the facts and circumstances of the case
and pass such orders as he may deem fit.
(8) Notwithstanding anything contained in sub rules (1) to (7) where the
annual remuneration of a Development Officer in any preceding year
. (hereafter in this sub-rule referred to as the "relevant yeaf) exceeds 38o/o
of the eligible premium of that year and the aggregate of the annual
qile qr/ol-4
F
(9) ln the case of a Development Officer who has been confirmed in the
services of the Corporation on a date prior to the date of publication of
these rules in the Official Gazette, the percentage mentioned in sub-rule
(8) above shall be increased by the appropriate transitional concessions,
and it shall be as under,-
(2) An appeal against an order passed under sub-rule (1) shall lie to the
Managing Director and the provisions of rules 41, 42, 43., 44 and 45 of the
staff rules shall, so far as may be, apply to any such appeal:
i" (3) ln the case of an appeat under sub-rule (2), the Managing Director shall
consider the records of the case and pass orders on merits having regard
to the.circumstances of the case.
Provided that he has not exceeded the prescribed expense limit for a
continuous period of not lbss than ten years immediately preceding such
relevant appraisal year.
(1) \Alhere the Development Officer conforms to the prescribed expense limit
in the succeeding year, referred to in sub-rule (1), no action shall be taken
to award the disincentives which have been kept in abeyance, and if the
increment,. which would have been otherwise accrued to him on the
relevant due date, had been disallowed as a disincentive, such increment
shall be released from the relevant due date.
(2) Where the Development Officer exceeds the prescribed expense limit in
L
such succeeding year, the disincentives which have been kept in
h abeyance shall be awarded fr,om the relevant due date and appropriate
i recovery of the excess remuneration paid to him in such succeeding year
sha'll be made from his salary for the following year and the disincentive if
i
any of "no increment" shall become final and he shall also be liable for
action in accordance with the Table of Disincentives for his faiture to
cbnform to the prescribed expense limit in such succeeding year.
THE GAZETTE OF INDIA : EARAORDINARY
(3) Where the disincentives are not enforced or the increment is released
from the relevant due date in adcordance with sub-rule (2), the preceding
year under sub-rule (1) shall not be regarded as a year in which he fias
not exceeded the prescribred expense limit for the purpose of computing
the continuous service of ten years, in which he has not exceeded the
prescribed expense limit.
(3) Subject to the provisions of sub-rule (4), if on any relevant appraisal date
falling on or after the 1tt day of April, 1988, the appraisal discloses that a
Development Officer has not eSceeded the expense limit in the preceding
year and that the cost ratio in such preceding year and the next two
preceding years taken together does not exceed the combined expense
limit for: those three years (hereinafter referred to as a "block of three
years") the eligible current decremenUs may be reinstated with effect from
the relevant appraisal date:
Provided further that current decremenUs pertaining to not more than one
year shall be reinstated on one relevant appraisal date, even though the
I qmll-sus3(il I qK?Ti5t IlEltF[ : sl€Ieil(u[ 29
(i) "block of three years" means every preceding year in which the
Development Officer has not exceeded the expense limit and the
next two preceding years;
I
(iii) "future cost" means the ratio which the annual remuneration
'F
F
applicable to a Development Officer on the relevant appraisal date
(inclusive of all increments and proposed reinstatement on and from
that date) bears to the eligible premium of the preceding year and the
future cost shall be deemed to be within ceiling, if such annual
remuneration applicable to a Development Officer is not in excess of
his expense limit percentage (inclusive of transitional conc,essions, if
any) of such eligible premium.
Provided that if during the period or part of the period in vtrhich the
said
decrements were in force,-the rate ai which the employeCs contribution
was higher than 10 per cent, the Corporation may contribute at such
higher rate on thatpart oJ the basic paypertaining toihe r nt peri".l'
Provided further that the Development Officer shall contribute to the Fund
an amount equal to the contributions requireO of ne Corfoiation-as 6is
additional contribution in accordance with ttre rules of th'e
such manner as he may be directed by the corporation.
Ffi; and in
(3) The contributions made by the Corporation under suFrub (1) shall not
be
avalfable for any purpose for which the employer's contriUriion. not
available under the rules of the Fund. "r"
(4) Nothing contained in this rule shall apply to a Development fficer who
is
contributing to a superannuation fund approved by thecorporation.
(2) Notwithstanding such repeal, the appraisal year which has commenced
grior to the date of publication of these rules, the provisions of the Life
lSsurance Caryoration of lndia Devetopment Officers (Revision of Certain
Terms and conditions of service) Rules, lggg sirall appfy for that
appraisal year as if the said rules had not been repealed.
(3) Notwithstanding.such r9p_eat, any rules made, any thing done or any
acfion laken under the'Lib lreurance Corporation 6t tnOia Denelognent
Offiers (Revision of Certain Tenns and Conditions of Serviel ift*er,
1989 shall be deemed to have been made, done or taken un&r thes€
rules.
(4) Nothing contained in these rules shall be deerned to affect the right of the
comFbnt Authority to discharge, retire, or determine the seribe of a
DeuelgpmSt Officer in accordance $rith the Lib lnsurance Corporaticn d
ladia (Sffi) Rubs, 1960 (hereinafter referred to as the Sfff Rules) or to
affect the rrght of the disciplinary authority to impose any penalty 6n nim
,
i,:
ur6r rule 39 of the staff rules on-any grounds specifH t#ein oito apply
h;
the slafi rules to Development Officers in respect of matbrs nd dealt mith
i
t 17.
in these rules.
@ot*ion.- The chairman may from tirire to time, issue such
E-
L- ins,tructions as may be necessary to give
prwisions of the Rures. where ahy ddubt "r"u to and carry out the
or cimcufty adses'lJto tn"
interpretation of these rures, it shail d. ;"fd; tJ tne centrar Govemment
for its decision.
$l l0l2/02nffit-tns. tII]
[F. No.
TARUN BAJAJ, Jt. Secy.
Printed by the Manager, Govnment of lndia Press, Ring Rord, Mayapuri, Ncw Dclhi-l t0064
and Publishcd by thc Controller of Publicarions, Dclhi-l 100j4.