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NEW PENSION SCHEME 2004

(Querist) 16 February 2019 This query is : Resolved 
Sir,
Govt. of India start NPS by notification dated 22.12.2003 which is executive order by nature.

Also there is not legislative sanction for this order.

Money is deducted from the salary of central govt employee for pension.

Also pension act 1871 is not ammended for the purpose.

Is it unconstitutional to introduce NPS by this way ?
Dr J C Vashista (Expert) 17 February 2019
It is valid.
If you feel it "ultra virus" may file a PIL.
Sudhir Kumar, Advocate (Expert) 22 February 2019
Has the scheme not been notified under provision to article 309


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