Provided that any fraction which may appear in the aggregate of (a) and (b) shall be ignored if it is less than half and shall be taken as one day in other cases.

Pension Pension.—

1. (1) Every absorbed employee shall be subject to the pension rules contained in the Civil Service Regulations as applicable to persons who entered Government service on or after the 1st October, 1938, including the liberalized pension scheme sanctioned by the Government of India in the Ministry of Finance O.M. No. 3(1)-E(Spl) 47, dated the 17th April, 1950, as amended from time to time, and service rendered by such employee prior to the 20th December, 1961 [in Portugal or under the Portuguese Administration of Goa, Daman and Diu or in any other Portuguese Colony] shall be deemed to be service under the Central Government for the purposes of the said Regulations and scheme.
2. (2) Notwithstanding anything contained in sub-rule
3. (1) an absorbed employee shall, subject to his paying contributions to the pension fund as laid down in the Statute of Overseas Functionaries, as in force immediately before the appointed day, have the option to count his service [in Portugal or under the Portuguese Administration of Goa, Daman and Diu or in any other Portuguese Colony] prior to the 20th December, 1961 and subsequent service under the Government for pension in accordance with that Statute and to draw pension calculated in accordance with articles 445 and 447 thereof instead of the pension as calculated under the Civil Service Regulations: Provided that the pension which he may draw by virtue of such option shall not exceed the maximum pension which a functionary of Group D specified in proviso 1 of article 91 of that Statute could have drawn under that Statute. Explanation I:— In the case of absorbed employees who have exercised their option under this sub-rule, the personal pay, if any, shall be deemed to be part of basic pay for determining the amount of pension. Explanation II:— Contributions made by an absorbed employee towards any pension fund under the Statute of Overseas Functionaries or any orders relating to such contributions shall not be refunded to him irrespective of whether he exercised the option under this sub-rule or not.
4. (3) A person who has exercised the option under sub-rule
5. (2) shall not be entitled to any gratuity, death-cum-retirement gratuity or family pension under the rules and order referred to in sub-rule
6. (1) or to commute his pension but shall otherwise be governed by those rules and orders except in so far as they relate to counting of service for pension and determination of the amount of pension.
7. (4) For the purposes of reckoning service for pension under the rules and orders referred to in sub-rule (1), the leave availed of by an absorbed employee before the appointed day shall be treated as follows:—
   • (a) Sick leave as duty
   • (b) Privilege leave and furlough as earned leave
   • (c) Registered and unlimited as extraordinary leave.
8. (5) The equation as provided in clauses
   • (b) and
   • (c) of sub-rule
9. (4) shall apply in the case of a person who has availed of leave under the Revised Leave Rules, 1933, on or after the appointed day but counts his service under the Statute of Overseas Functionaries by virtue of the option under sub-rule (2). Any other kind of leave availed of by such a person on or after the appointed day shall count for the purpose of reckoning service for pension in accordance with such orders as the Central Government may make in this behalf.
10. (6) Subject to the provisions of sub-rule (7), the provisions of these rules shall apply to a person who, on the appointed day, attains the age of superannuation under the Central Rules without having any earned leave to his credit on that day and—
    • (a) who was permanent and making pensionary contribution under the aforesaid Statute; or
    • (b) who was permanent but making no pensionary contribution under the aforesaid Statute; or
    • (c) who was temporary. (7)
    • (a) In a case falling under clause
    • (a) of sub-rule (6), the person referred to therein shall have the option to be governed either by the aforesaid Statute or by the Liberalised Pension Rules.
    • (b) In a case falling under clause
    • (b) of that sub-rule, the person referred to therein shall be governed by the Liberalised Pension Rules.
    • (c) In a case falling under clause
    • (c) of that sub-rule, the person referred to therein shall be entitled only to the retirement benefits admissible to temporary Central Government employees.