Uttar Pradesh Fundamental Rule 56 (Amendment and Validation) Act, 2020
(As passed by the Uttar Pradesh Legislature)
It is hereby enacted in the Seventy-first Year of the Republic of India as follows:
Prefatory Note Statement of Objects and Reasons. Clause (e) of Uttar Pradesh Fundamental Rule 56 provides that a retiring pension shall be payable and other retirement benefits, if any, shall be available in accordance with and subject to the provisions of the relevant rules to every Government servant who retires or is required or allowed to retire under this rule. 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.
Sixth Central Pay Commission has recommended that full pension should be allowed to Government servants on completing twenty years of qualifying service with effect from 1-1-2006. The provision of the said rule has been amended by Government Order No. Sa-3-1508/Ten-2008-308-97, dated December 8, 2008 and Government Order No. Sa-3-G.I.-28/Ten-2008, dated January 6, 2009 and Government Order No. Sa-3-1622/Ten-2010-308/97, dated November 10, 2010 but the provision as aforesaid is existing in the said clause. It has been decided to amend the said clause (e) of Uttar Pradesh Fundamental Rules 56 with effect from 1-1-2006 to make the provision thereof similar to the recommendation of Sixth Central Pay Commission.
The Uttar Pradesh Fundamental Rule 56 (Amendment and Validation) Bill, 2020 is introduced accordingly.
Section 1. Short title
This Act may be called the Uttar Pradesh Fundamental Rule 56 (Amendment and Validation) Act, 2020.
Section 2. Amendment of Fundamental Rule 56
In Rule 56 of the Uttar Pradesh Fundamental Rules published in the Financial Handbook Volume II, Parts II to IV, as amended from time to time (hereinafter referred to as the said rule), in clause (e) the proviso shall be omitted and be deemed to have been omitted with effect from January 1, 2006.
Section 3. Validation
Notwithstanding any judgment, decree or order of any Court, anything done or purporting to have been done and any action taken or purporting to have been taken under or in relation to the said clause (e) of Rule 56 in terms of the paragraph 6 of the Government Order No. Sa-3-1508/X-2008-308-97, dated December 8, 2008 (as amended) before the commencement of the Uttar Pradesh Fundamental Rule 56 (Amendment and Validation) Act, 2020 shall be deemed to be and always to have been done or taken under or in relation to the said clause as amended by the Uttar Pradesh Fundamental Rule 56 (Amendment and Validation) Act, 2020 and to be and always to have been valid as if the provisions of the said Act were in force at all material times with effect from January 1, 2006.
1. Received the assent of the Governor on March 12, 2020 and published in the U.P. Gazette, Extra., Part 1, Section (Ka), dated 13th March, 2020, p. 3