Central Civil Services (Pension) Rules, 2021 – Notification dated 20th December, 2021

Central Civil Services (Pension) Rules, 2021 – Notification dated 20th December, 2021

Central Civil Services (Pension) Rules, 2021 – Notification dated 20th December, 2021

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Pension and Pensioners’ Welfare)

NOTIFICATION

New Delhi, the 20th December, 2021

G.S.R. 868(E).-In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor-General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules, namely: –

CHAPTER I

Preliminary

1.       Short title and commencement.- (1) These rules may be called the Central Civil Services (Pension) Rules, 2021.

(2)   They shall come into force with effect from the date of their publication in the Official Gazette.

2.      Application .- Save as otherwise provided in these rules, these rules shall apply to the Government servants appointed on or before 31st day of December, 2003, including civilian Government servants in the Defence Services, appointed substantively to civil services and posts in connection with the affairs of the Union which are borne on pensionable establishments, but shall not apply to,-

(a) railway servants ;

(b) persons in casual and daily rated employment ;

(c) persons paid from contingencies ;

(d) persons entitled to the benefit of a Contributory Provident Fund ;

(e) members of the All India Services ;

(f) persons locally recruited  for service in diplomatic, consular or other Indian establishments  in foreign countries ;

(g) persons employed on contract except when the contract provides otherwise; and

(h) persons whose terms and conditions of service are regulated by or under the provisions of the Constitution or any other law for the time being in force.

Explanation.- These rules shall also apply to,-

(1)   a Government servant who was put on induction training on or before 31st day of December, 2003 followed by appointment on regular basis after 31st day of December, 2003:

Provided that completion of the induction training was an essential condition for appointment on regular basis to the post, the Government servant was eligible for a salary or a stipend during the period of such training and the period of training was eligible for being counted as qualifying service in accordance with the provisions of Central Civil Services (Pension) Rules, 1972.

(2)  a Government servant who was initially appointed  on or before 31st December, 2003,-

(i) in an establishment or Department of the Central Government whose employees   were covered by a pension scheme other than the Central Civil Services (Pension) Rules, 1972; or

(ii) in a State Government or an autonomous body under the Central Government   or State Government having a non-contributory pension scheme similar to the Central Civil Services (Pension) Rules, 1972,

and was subsequently appointed after 31st December, 2003 in an establishment of a Central Government to which these rules apply, subject to the condition that the said Government servant fulfils all other conditions for counting of service rendered in such establishment of the Central Government or State Government or autonomous body, in accordance with these rules or any general or special order issued in this regard.

(3) a Government servant appointed after 31st December, 2003 to a civil service or post in connection with the affairs of the Union, if he fulfils the conditions for coverage under these rules in accordance with any special or general order issued by the Government in this regard.

(4) subject to the provisions of rule 15, persons who were regularly appointed in Government service after 31st December, 2003 but were conferred temporary status on or before 31st December,  2003  in  accordance  with  the “Casual Labourers (Grant of Temporary Status and Regularisation) Scheme of Government oflndia, 1993” notified by Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training)  and such temporary status is followed without interruption by regular appointment in Government service.

(5) the cases where in the event of death or discharge from service on the ground of invalidation in the case of a Government servant who, having been appointed to civil services and posts in connection with the affairs of the Union after 31st day of December, 2003, is covered by the Central Civil Services (Implementation of National Pension System) Rules, 2021, the benefits of Invalid Pension under rule 39 and Family Pension under rule 50 shall be payable to the Government servant or his family, as the case may be, if the Government servant had exercised an option to this effect under rule 10 of the Central Civil Services (Implementation of National Pension System) Rules, 2021 or in whose case the default option is for availing benefits under these rules or the Central Civil Services (Pension) Rules, 1972.

(6) the case of Government servants appointed in temporary capacity to civil services and posts in connection with the affairs of the Union on or before 31st day of December, 2003, who retired or were retired before having been appointed in a substantive capacity, the benefits under these rules shall be payable to the Government servant to the extent provided in the Central Civil Services (Temporary Service) Rules, 1965.

3. Definitions.- (1) In these rules, unless the context otherwise requires,-

(a) “Accounts Officer” means an officer, whatever his official designation, who maintains the accounts of a Ministry, Department or Office of the Central Government or Union territory and includes an Accountant-General, who is entrusted with the functions of maintaining the accounts or part of accounts of the Central Government or Union territory;

(b) “Allottee” means a Government servant to whom Government accommodation has been allotted on payment of licence fee or otherwise;

(c) “Average emoluments” means average emoluments as determined in accordance with rule 32;

(d) “Bhavishya” means an online system for sanction of retirement benefits and tracking of sanction and payment of pension by the Government servant and the authorities concerned with sanction of pension to the Government servant;

(e) “Child” means a son or daughter of the Government servant who is eligible to receive death gratuity under rule 45 or family pension under rule 50 and the expression ‘children’ shall be construed accordingly;

(f) “Dearness relief” means Dearness Relief on Pension and Family Pension as specified in rule 52;

(g) “Defence Service” means services under the Government of India in the Ministry of Defence including the Defence Accounts Department, paid out of the Civil Estimates of Ministry of Defence and not subject to the Air Force Act, 1950 (45 of 1950) or the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957);

(h) “Emoluments” means emoluments as defined in rule 31;

(i) “Family Pension” means family pension admissible under rule 50 but does not include Dearness Relief;

(j) “Foreign service” means service in which a Government servant receives his pay with the sanction of the Government from any source other than the Consolidated Fund of India or the Consolidated Fund of a State or the Consolidated Fund of a Union Territory;

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

(l) “Format” means a format appended to these rules;

(m) “Government” means the Central Government;

(n) “Government dues” means dues as defined in sub-rule (2) of rule 67;

(o) “Gratuity” includes –

(i)  ‘service gratuity’ payable under rule 44;

(ii) retirement gratuity or death gratuity payable under sub-rule (1) of Rule 45; and

(iii) ‘residuary gratuity’ payable under sub-rule (3) of rule 45;

(p) “Head of Department”  means  an authority specified in Schedule I to the Delegation  of Financial Powers Rules, 1978, and includes such other authority or person whom the President may, by order, specify as Head of a Department;

(q) “Head of Office” means a Gazetted Officer declared as such under rule 14 of the Delegation of Financial Powers Rules, 1978, and includes such other authority or person whom the competent authority may, by order, specify as Head of Office;

(r) “Local Fund administered by Government” means the fund administered by a body which, by law or rule having the force of law, comes under the control of the Government and over whose expenditure the Government retains complete and direct control;

(s) “Minor” means a person who has not completed the age of eighteen years;

(t) “Pension” includes gratuity except when the term pension is used in contradistinction to gratuity, but does not include dearness relief;

(u) “Pension Disbursing Authority” means –

(i) Banks selected in consultation with the Reserve Bank of India (RBI) for payment of pension to Central Government civil pensioners, as specified by Controller General of Accounts; or

(ii) Post Office; or

(iii) Treasury including sub-treasury; or

(iv) Accounts Officer;

(v) “Pension Payment Order” includes e-Pension Payment Order;

(w) “Qualifying Service” means service rendered while on duty or otherwise which shall be taken into account for the purpose of pensions and gratuities admissible under these rules;

(x) “Retirement Benefits” includes pension or service gratuity, and retirement gratuity, where admissible;

(y) “Service Book” includes service roll, if any; and

(z) “Treasury” includes a Sub-Treasury.

(2) Words and expressions used herein and not defined but defined in the Fundamental Rules,  1922 have the meanings respectively assigned to them in those rules.

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4. Government servants transferred from services and posts to which these rules do not apply.- (1) A Government servant who is transferred permanently to a service or post to which these rules apply from a service or post to which these rules do not apply shall become subject to these rules:

Provided that it shall be open to him. within six months of the date of issue of the order of his permanent transfer or, if he is on leave on that day, then, within six months of his return from leave, whichever is later, to elect to be governed by the pension rules to which he was subject immediately before the date of his transfer.

(2)     The option under the proviso to sub-rule (1) shall be exercised in writing and communicated to the authority making such order of transfer.

(3)   The option, once exercised, shall be final.

CHAPTER II

General Conditions

5. Claims to pension or family pension.- (1) Any claim to pension or family pension shall be regulated by the provisions of these rules in force at the time when a Government servant retires or is retired or is discharged or is allowed to resign from service or dies, as the case may be.

(2)  The day on which a Government servant retires or is retired or is discharged or is allowed to resign from service, as the case may be, shall be treated as his last completed working day and the date of death shall also be treated as a completed working day:

Provided that in a case where the Government servant immediately before his retirement or death was absent from duty on leave or otherwise or was under suspension, the day of retirement or death shall be part of such leave or absence or suspension.

6. Limitations on number of pensions.- (1) A Government servant shall not earn two pensions in the same service or post at the same time or by the same continuous service.

(2)  Except as provided in rule 19 or rule 20, a Government servant who, having retired on a superannuation pension or retiring pension or compulsory retirement pension or who is in receipt of a compassionate allowance on having been dismissed or removed from service, is subsequently re-employed, shall not be entitled to a separate pension or gratuity for the period of his re-employment:

Provided that a Government  servant who was previously appointed in an autonomous body or a public sector undertaking and was subsequently appointed, with proper permission of that body or undertaking, in the Government service on or before 31st December,  2003, will be  eligible for pension and gratuity  for the service rendered in the Government in addition to the pension and gratuity, if any, received by him from the autonomous body or the public sector undertaking for the service rendered in that  body or undertaking:

Provided further that the total amount of gratuity in respect of the service rendered in the autonomous body or the public sector undertaking and the service rendered under the Government shall not exceed the amount that would have been admissible taking into account the entire service rendered by the Government servant in the autonomous body or the public sector undertaking and the Government and the emoluments on retirement from Government.

Explanation.-1 A Government servant shall be deemed to have been appointed in the Government with proper permission if he had applied for the service or post in the Government with previous permission of the autonomous body or the public sector undertaking and the order of the autonomous body or the public sector undertaking clearly indicates that the employee is resigning to join the post in the Government with proper permission of the autonomous body or the public sector undertaking, as the case may be.

Explanation.-2 Pension, if any, on account of service rendered in an autonomous body or a public sector undertaking shall be paid by the concerned autonomous body or the public sector undertaking itself and there shall be no liability on the part of the Government towards pension for the service rendered by the Government servant in the said autonomous body or the public sector undertaking before joining service under the Government.

7. Pension and family pension subject to future good conduct.- (l)(a) Future good conduct shall be an implied condition of every grant of pension and its continuance under these rules.

(b) the Appointing Authority may, by order in writing, withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct:

Provided that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount of minimum pension under rule 44.

(2) Where a pensioner is convicted of a serious crime by a Court of Law, action under sub-rule (1) shall be taken in the light of the judgment of the court relating to such conviction.

(3) In a case not falling under sub-rule (2), if the authority referred to in sub-rule (1) considers that the pensioner is prima facie guilty of grave misconduct, he shall before passing an order under sub-rule (1),-

(a) serve upon the pensioner a notice specifying the action proposed to be taken against him and the ground on which it is proposed to be taken and calling upon him to submit, within fifteen days of the receipt of the notice or such further time not exceeding fifteen days, as may be allowed by the said authority, such representation, as he may wish to make against the proposal; and

(b) take into consideration the representation, if any, submitted by the pensioner under Clause (a).

(4) (a) Without prejudice to the provisions of sub-rule (3), no Government servant who having worked in an Intelligence or Security-related organisation included in the Second Schedule to the Right to Information Act, 2005 (22 of 2005), shall, without prior clearance from the Head of the Organisation, make any publication after retirement of any material relating to and including,-

(i) domain of the organisation, including any reference or information about any personnel and his designation, and expertise or knowledge gained by virtue of working in that organisation; and

(ii) sensitive information, the disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State or relation with a foreign State, or which would lead to incitement of an offence.

(b) The Government servants who have worked in any Intelligence or Security-related organisation included in the Second Schedule to the Right to Information Act, 2005 (22 of 2005), shall give an undertaking in regard to the above restriction in Formatl and any failure to observe such an undertaking on the part ofretired Government servants shall be treated as grave misconduct under this rule.

(c) In the case of a Government servant transferred out of an organisation referred to in clause (b) on completion of deputation or otherwise, the required undertaking, in duplicate, shall be obtained from the Government servant at the time of transfer and one copy of the undertaking shall be kept in the service book of the Government servant and an entry to this effect shall be made in the service book and the other copy of the undertaking shall be kept in the aforesaid organisation for record.

(5) The Head of the Organisation shall vest with the authority to decide as to whether the proposed material for publication is sensitive or non-sensitive, and whether it falls in the domain of the organisation.

(6) Where the authority competent to pass an order under sub-rule (1) is the President, the Union Public Service Commission shall be consulted before any order is passed.

(7) An appeal against an order under sub-rule (1), passed by any authority other than President, shall lie to the President and the President shall, in consultation with the Union Public Service Commission, pass such orders on the appeal as he deems fit.

Explanation.- For the purpose of this rule,-

(a) the expression ‘pension’ includes family pension and the expression ‘pensioner’ includes family pensioner.

(b) the expression ‘serious crime’ includes a crime involving an offence under the Official Secrets Act, 1923 (19 of 1923).

(c) the expression ‘grave misconduct’ includes the communication or disclosure of any secret official code or password or any sketch, plan, model, article, note, document or information, such as is mentioned in section 5 of the Official Secrets Act, 1923 (19 of 1923) (which was obtained while holding office under the Government) so as to prejudicially affect the interests of the general public or the security of the State.

(d) the expression ‘publication’ includes communication to the press or electronic media or publish or publication of any book, letter, pamphlet, poster or other document, in any form.

(e) the expression ‘information’ includes any material in any form including records, documents, memos, e­ mails, opinion, advice, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models and data material in any electronic form held or accessed by the Government servant while in service.

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8. Power to withhold or withdraw pension .- (1) The President reserves to himself the right of withholding a pension or gratuity, or both, either in full or in part, or withdrawing  a pension in full or in part, whether permanently or for a specified period, and of ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Government, if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of service, including  service rendered upon re-employment  after retirement  :

Provided that the Union Public Service Commission shall be consulted before any final orders are passed:

Provided further that where a part of pension is withheld or withdrawn the amount of such pension shall not be reduced below the amount of minimum pension under rule 44.

(2)(a) The departmental proceedings referred to in sub-rule (1), if instituted while the Government servant was in service whether before his retirement or during his re-employment, shall, after the final retirement of the Government servant, be deemed to be proceedings under this rule and shall be continued and concluded by the authority by which they were commenced in the same manner as if the Government servant had continued in service:

Provided that in all cases where the departmental proceedings are instituted by an authority subordinate to the President, that authority shall submit a report recording its findings to the President and the President shall take the final decision in the matter in accordance with sub-rule (1).

(b) Notwithstanding anything mentioned in sub-rule (1) and clause (a), departmental proceedings instituted under rule 16 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, while the Government servant was in service and continued after retirement, shall have no effect on the pension and gratuity of the pensioner.

(c) The departmental proceedings, if not instituted while the Government servant was in service, whether before his retirement, or during his re-employment,  –

(i) shall not be instituted save with the sanction of the President in Format 2;

(ii) shall not be in respect of any event which took place more than four years before such institution; and

(iii) shall be conducted by such authority and in such place as the President may direct and in accordance with the procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the Government servant during his service:

Provided that for the purpose of instituting departmental proceedings under this sub-rule, a memorandum of charges shall be communicated to the pensioner concerned in Format 3.

(d) Where a full-fledged enquiry is conducted giving an opportunity to the pensioner to show cause during the proceedings in accordance with the Central Civil Services (Classification, Control and Appeal) Rules, 1965, any further opportunity to show cause would not be necessary before taking action under sub-rule (1).

(3) In the case of Government servant who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings instituted under rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 are continued under sub­ rule (2), a provisional pension as provided in sub-rule (4) shall be sanctioned.

(4) (a) In respect of a Government servant referred to in sub-rule (3), the Accounts Officer shall authorise the provisional pension equal to the maximum pension which would have been admissible on the basis of qualifying service up to the date of retirement of the Government servant, or if he was under suspension on the date of retirement, up to the date immediately preceding the date on which he was placed under suspension.

(b) The provisional pension shall be authorised by the Accounts Officer during the period commencing from the date following the date of retirement up to and including the date on which, after the conclusion of departmental or judicial proceedings, final orders are passed by the competent authority.

(c) No gratuity shall be paid to the Government servant until the conclusion of the departmental or judicial proceedings and issue of final orders thereon.

(d) The provisions of this sub-rule shall not be applicable where allegations of misconduct are under investigation against a Government servant or where departmental or judicial proceedings are contemplated against a Government servant but have not actually been instituted or deemed to have been instituted in accordance with sub­ rule (9) till the date of retirement of the Government servant. The pension and gratuity in such cases shall be authorised to be paid to the Government servant on his retirement in accordance with rule 63:

Provided that any departmental proceedings instituted after retirement of the Government servant shall be subject to the provisions of sub-rule (2).

(5) Payment of provisional pension made under sub-rule (4) shall be adjusted against final retirement benefits sanctioned to such Government servant upon conclusion of such proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or the pension is reduced or withheld either permanently or for a specified period.

(6) Where the President decides not to withhold or withdraw pension but orders recovery of pecuniary loss from pension, the recovery shall not ordinarily be made at a rate exceeding one-third of the pension admissible on the date of retirement of a Government servant.

(7) The President may at any time, either on his own motion or otherwise call for the records of any inquiry and revise any order made under these rules, after consultation with the Union Public Service Commission, and may confirm, modify or set aside the order; or remit the case to any authority directing such authority to make such further enquiry as it may consider proper in the circumstances of the case or pass such other order as he may deem fit:

Provided that no order enhancing the amount of pension or gratuity to be withheld or withdrawn, shall be made by the President unless the Government servant concerned has been given a reasonable opportunity of making a representation against the order proposed and except after consultation with the Union Public Service Commission.

(8) The President may at any time, either on his own motion or otherwise review any order passed under these rules, where extenuating or special circumstances exist to warrant such review or when any new material or evidence which could not be produced or was not available at the time of passing the order under review and which has the effect of changing the nature of the case, has come, or has been brought, to his notice:

Provided that no order enhancing the amount of the pension or gratuity to be withheld or withdrawn, shall be made by the President unless the Government servant concerned has been given a reasonable opportunity of making a representation against the order proposed and except after consultation with the Union Public Service Commission.

Explanation.-  For the purpose of this rule,-

(l)(a) departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the Government servant or pensioner, or if the Government servant has been placed under suspension from an earlier date, on such date; and

(b) judicial proceedings shall be deemed to be instituted –

(i) in the case of criminal proceedings, on the date on which the complaint or report of a police officer, of which the Magistrate takes cognizance, is made; and

(ii) in the case of civil proceedings, on the date the suit is filed in the court.

(2) the expression ”misconduct” means any act done or omitted to be done by the pensioner, during the period of service, including service rendered upon re-employment after retirement, and which was in violation of any provisions of the Central Civil Services (Conduct) Rules, 1964 for which action under Central Civil Services (Classification Control and Appeal) Rules, 1965 could be taken during the period of service.

(3)    action under sub-rule (1) may be taken, if the pensioner is found guilty of,-

(i) any corrupt practices during service;

(ii) any misconduct whether in relation to the performance of official duty or otherwise; and

(iii) any misconduct whether resulting in pecuniary loss to the Government or otherwise.

(4)  the expression “civil proceedings” would mean such proceedings in respect of a civil suit filed by the Government only.

9. Commercial employment after retirement.- (1) If a pensioner who, immediately before his retirement was a member of Central Service Group ‘A’ wishes to accept any commercial employment before the expiry of one year from the date of his retirement, he shall obtain the previous sanction of the Government to such acceptance by submitting an application in Form 1:

Provided that a Government servant who was permitted by the Government to take up a particular form of commercial employment during his leave preparatory to retirement or during refused leave shall not be required to obtain subsequent permission for his continuance in such employment after retirement:

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Provided further that a Government servant shall not negotiate for commercial employment during service without prior permission of the administrative Ministry or Department and such permission shall not be given unless there are special reasons for doing so.

(2) Subject to the provisions of sub-rule (3), the Government may, by order in writing, on an application made under sub-rule (1) by a pensioner,-

(a) grant necessary permission to such pensioner to take up the commercial employment specified in the application, subject to such conditions, if any, as it may deem necessary; or

(b) refuse permission to such pensioner to take up the commercial employment specified in the application, for reasons to be recorded in the order.

(3) In granting or refusing permission under sub-rule (2) to a pensioner for taking up any commercial employment, the Government shall have regard to the following factors, namely:-

(a) whether a ‘No Objection” for the proposed post retirement commercial employment has been obtained from the cadre controlling authority and from the office where the officer retired;

(b) whether the officer has been privy to sensitive or strategic information in the last three years of his service which is directly related to the areas of interest or work of the organisation which he proposes to join or the areas in which he proposes to practise or consult;

(c) whether there is conflict of interest between the policies of the office he has held in the last three years and the interest represented or work undertaken by the organisation he proposes to join;

Explanation.- For the purposes of this clause, “conflict of interest” shall not include normal economic competition with the Government or its undertakings.

(d) whether the organisation he proposes to join has been known to be in any way in conflict with or prejudicial to India’s foreign relations, national security and domestic harmony, and whether the organisation is undertaking any activity for intelligence gathering;

(e) whether service record of the officer is clear, particularly with respect to integrity and dealings with non­ Government  organisations;

(f) whether the proposed emoluments and pecuniary benefits are far in excess of those currently prevailing in the industry;

Explanation.- For the purposes of this clause, the words “far in excess” shall not be construed as to cover increase in such benefit that may be as a result of buoyancy in the industry or in the economy as a whole.

(g) any other relevant factor which may be in the knowledge of the administrative Ministry but are not included in the criteria in this rule or the matters on which specific instructions may be issued by Department of Personnel and Training from time to time.

(4) The applications of pensioners for permission to accept commercial employment shall be considered in accordance with the Government of India (Transaction of Business) Rules, 1961 and the instructions issued by the Government from time to time.

(5) In order to ensure that all aspects relating to the case  have received proper attention,  the  administrative Ministry or Department shall maintain a check list in Form 2.

(6) Where the pensioner is not disqualified on account of any of the factors mentioned in clause (b) to clause (g) of sub-rule (3), the Government may,-

(i) liberally grant permission for Directorship of a firm or consultancy or practice in professional areas;

(ii) actively encourage post service employment in scientific, literary, cultural, social and artistic activity;

(iii) be liberal in granting permission for posts ofresponsibility in non-Government sector; and

(iv) not distinguish between honorary and paid employment and self- employment.

(7) Where the Government grants the permission applied for subject to any conditions or refuses such permission, the applicant may, within thirty days of the receipt of the order of the Government to that effect, make a representation against any such condition or refusal and the Government may make such orders thereon as it deems fit:

Provided that no order other than an order cancelling such condition or granting such permission without any conditions shall be made under this sub-rule without giving the pensioner making the representation an opportunity to show cause against the order proposed to be made.

(8) If any pensioner  takes up any commercial  employment  at any time before the expiry of one year from the date of his retirement without the prior permission of the Government or commits a breach of any condition subject to

which permission to take up any commercial employment has been granted to him under this rule, it shall be competent for the Government to declare by order in writing and for reasons to be recorded therein that he shall not be entitled to the whole or such part of the pension and for such periods as may be specified in the order:

Provided that no such order shall be made without giving the pensioner concerned an opportunity of showing cause against such declaration:

Provided further that in making any order under this sub-rule, the Government shall have regard to the following factors, namely:-

(i) the financial circumstances of the pensioner concerned;

(ii) the nature of, and the emoluments  from the commercial  employment taken up by the pensioner concerned; and

(iii) any other relevant factor.

(9) Every order passed by the Government under this rule shall be communicated to the pensioner concerned. Explanation.- For the purpose of this rule,-

(a) the expression “commercial employment” means :-

(i) an employment in any capacity including that of an agent, under a company, co-operative society (which includes holding of any office, whether elective or otherwise, such as that of President, Chairman, Manager, Secretary, Treasurer and the like, by whatever name called in such society), firm or individual engaged in trading, commercial, industrial, financial or professional business and includes also a directorship of such company and partnership of such firm, but does not include employment under a body corporate, wholly or substantially owned or controlled by the Central Government or a State Government;

(ii) setting up practice, either independently or as a partner of a firm, as adviser or consultant in matters in respect of which the pensioner –

(A) has no professional qualifications and the matters in respect of which the practice is to be set up or is carried on are relatable to his official knowledge or experience; or

(B) has professional qualifications but the matters in respect of which such practice is to be set up are such as are likely to give his clients an unfair advantage by reason of his previous official position; or

(C) has to undertake work involving liaison or contact with the offices or officers of the Government.

(b) the expression “date of retirement”, in relation to a Government servant re-employed after retirement, without any break, either in the same or in another Group ‘A’ post under the Government or in any other equivalent post under a State Government, means the date on which such Government servant finally ceases to be so re-employed in Government service.

10. Employment after  retirement  under  a  Government  outside  India.-  (1)  If a  pensioner,  who  immediately before his retirement was a member of Central Service, Group ‘A’, wishes to accept any employment under any Government outside India, he shall obtain the previous permission of the Central Government  for such acceptance, and no pension shall be payable to a pensioner who accepts such an employment without proper permission in respect of any period for which he is so employed or such longer period as the Government may direct :

Provided that a Government servant who was permitted by the Central Government to take up a particular form of employment under any Government outside India during his leave preparatory to retirement shall not be required to obtain subsequent permission for his continuance in such employment after retirement.

(2) The request of a pensioner for permission to accept employment under a Government outside India shall be considered in accordance with the Government of India (Transaction of Business) Rules, 1961 and the instructions

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