Constitution & NPS

 

(Querist)
19 April 2019

Sir,
Article 313 of Indian Constitution is as below:
313. Until other provision is made in this behalf under
this Constitution, all the laws in force immediately before
the commencement of this Constitution and applicable to
any public service or any post which continues to exist
after the commencement of this Constitution, as an all-
India service or as service or post under the Union or a
State shall continue in force so far as consistent with the
provisions of this Constitution.


Sir,
It means NPS of central govt. employees shall continue till Parliament and president approved it.
If it is so then NPS will not be applicable from 01.01.2004 but after September 2013.

I am central govt employee.

Please reply.



Sudhir Kumar (Expert)
19 April 2019

You have not understood:

the article says

313. Until other provision is made in this behalf under this Constitution,

IN EXERCISE OF POWERS CONFERRED VIDE PROVISO TO ARTICLE 309 A NECESSARY AMENDMENT HAS ALREADY BEEN MADE IN CC(PENSION) RULES SO AS TO EXCLUDE POST 1.1.2004 JOINEES FROM THE RULES.
all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of this Constitution,

CONSTITUTIONS RULES WILL CONTINUE TO EXIST AS LONG AS THEY DO NOT VIOLATE CONS

Sudhir Kumar (Expert)
19 April 2019

So the provision you quoted has no relevance to your query.

P. Venu (Expert)
23 April 2019

Why after September 2013? What is the significance of this month - has any specific notification been issued? Kindly enlighten.

SUBRATA HALDAR (Querist)
30 April 2019

On 2013 PFRDA is passed.



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