Uttar Pradesh act 033 of 1976 : The UTTAR PRADESH FUNDAMENTAL RULE 56 (AMENDMENT) ACT, 1976

Section 1.Short title

1. This Act may be called the Uttar Pradesh Fundamental Rule 56 (Amendment) Act, 1976

Section 2.Amendment of F.R 56

2. In rule 56 of the Uttar Pradesh Fundamental Rules, published in the Financial Hand Book, Volume II, Parts II to IV, as amended from time to time (hereinafter to be referred to as the said rule 56),-

(i) in clause (c) for the words ''fifty years'' occurring the second time, the words ''forty-five years'' shall be substituted;

(ii) in clause (e) the following proviso shall be inserted namely:-

" Provided that where a Government servant who voluntarily retires or is allowed voluntarily to retire under this rule the appointing authority may allow him, for the purposes of pension and gratuity, if any, the benefit of additional service of five years or of such period as he would have served if he had continued till the ordinary date of his superannuation, whichever be less; "

(iii) for explanation (2) the following explanations shall be substituled and be deemed to always have been substituted, namely:-

"(2) In order to be satisfied whether it will be in the public interest to require a Government servant to retire under clause

(c) the appointing authority may take into consideration any material relating to the Government servant and nothing herein contained shall be construed to exclude from consideration-

(a) any entries relating to any period before such Government servant was allowed to cross any efficiency bar or before he was promoted to any post in an officiating or substantive capacity or on an ad hoc basis; or

(b) any entry against which a representation is pending, provided that the representation is also taken into consideration along with the entry; or

(2A) Every such decision shall be deemed to have been taken in the public interest."

Section 3.Transitory provision.

3- Where any order of compulsory retirement under clause (c) of the said rule 56 has been adjudicated before the commencement of this Act by any court or tribunal to be invalid on the ground of the appointing authority having taken into consideration any material referred to in explanation (2) to the said rule 56 as substituted by this Act, it shall be open to the appointing authority to apply to such court or tribunal within two months from the commencement of this Act for review of such judgment or order and the court or tribunal may on such application review its judgment or order in accordance with explanations (2) and (2-A) of the said rule 56 as substituted by this Act.