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Tamil Nadu Govt Pension Rules...

Tamil Nadu Govt Pension Rules...

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Published by drtpk
Here are few excerpts from the Tamil Nadu Government's new Pension rules...
Here are few excerpts from the Tamil Nadu Government's new Pension rules...

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Published by: drtpk on Aug 14, 2009
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 Tamilnadu Government Pension Rules....few excerpts.....Rule 10. Commercial and private employment after retirement: 1. If a pensionerto whom this rule applies wishes to accept any employment, whethercommercial or private, before the expiry of two years from the date of hisretirement or any employment under a Government outside India at any time, heshould obtain the previous sanction of the Government to such acceptance.2. Subject to provisions of sub rule (3), The Government may, by order in writingon an application made by a pensioner, grant, subject to such conditions if any,as it may deem necessary permission, or refuse permission for reasons to berecorded in the order, to such pensioner to take up the commercial / privateemployment specified in the application.3. If any pensioner takes up any Commercial /private employment at any timebefore the expiry of two years from the date of his retirement without the priorpermission of the Government or commits a breach of any condition subject towhich permission to take up any Commercial / private employment has beengranted to him under this rule, it shall be competent for the Government todeclare by order in writing and for reasons to be recorded therein that he shallnot be entitled to the whole or such part of the pension and for such period asmay be specified in the order.4. The rule shall apply to all pensioners who immediately before retirement weregazetted officers under the rule making control of the Government.---5. ---Note (1) ---Note (2) In the case of a pensioner who is reemployed under the Government,the period of two years shall be reckoned from the date of termination of hisreemployment.Note (3) In this rule “commercial employment” means employment in anycapacity, including that of an agent, under a company, co-operative society, firmor individual engaged in trading, commercial, industrial, financial or professionalbusiness and includes also a directorship of such company and a partnership of such firm and also include employment under a body corporate owned orcontrolled by Government.Explanation 1. Employment under co-operative society shall include....Explanation II. For the purpose of this rule, commercial employment shall alsoinclude setting up practice, either independently or as a partner of a firm, asadvisor or consultant in matters in respect of which a retired Governmentservant,i)Has no professional qualification and the matters in respect of whichthe practice is to be set up or is carried on are relatable to his officialknowledge or experience: or
ii)Has professional qualifications, but the matters in respect of whichsuch practice is to be set up are such as are likely to give his clients anunfair advantage by reason of his previous official position: oriii)Has to undertake work involving liaison or contract with the offices orofficers of the Government.Chapter III - Qualifying service.Rule 11 to 29:Chapter IV- Emoluments and Average Emoluments.Rule 30 to 31:Chapter V – Classes of Pension and Conditions governing their Grant.Rule 32. Superannuation PensionRule 33. Retiring PensionRule 34. Pension on absorption in or under a corporation, Company or BodyRule 35. Payment of lump sum amount to persons on absorption in or under acorporation, Company or BodyRule 36. Invalid PensionRule 37. Medical OpinionRule 38. Compensation PensionRule 39. Compulsary retirement pensionRule 40. Compassionate allowance – (1) A government servant who isdismissed or removed from service shall forfeit his pension and gratuity:Provided further that no allowance shall be granted to an officer under therule-making control of the Government of India, other than those who aregoverned by the All-India Services (Death cum retirement benefits) rules 1958without further sanction.(2) A compassionate allowance sanctioned under the proviso to sub rule (1)shall not be less than the limit specified in sub-rule (5) of rule 43.Rule 41. ---CHAPTER VIRule 42. Regulation of amounts of pensionRule 43. Amount of Pension/Gratuity – (1) to (4)----
(5) Where the amount of pension after due calculations, inclusive of adhocincrement sanctioned from time to time is less than the minimum pension,the difference shall be made good by the grant of further increase in pension.Rule 44. Regulation of pay in case of re-employed Government Pensioner-Rule.45. Death cum Retirement Gratuity
Post-Retirement Employment :
16No permission is required for post-retirement employment with auniversity as it is not treated as commercial employment.17Post-retirement employment with a black-listed firm may not beconsidered for approval.18Retired Group ‘A’ Officers are required to furnish half-yearly declarationin the prescribed form about acceptance/non-acceptance of commercialemployment within India or of any employment under any Governmentoutside India, within one years from the date of their retirement.19Only intimation (not prior permission) is required in case of Group ‘B’Officers for accepting commercial employment within two years of their retirement. However, while sending the intimation, they shouldspecify whether or not they have had any official dealing while inGovernment service, with the private employer, with whom they aretaking up commercial employment.
Retired employees of A & B Group have to obtain permission of Government to accept private employment within two years of retirementRule 10.
8.1The Government reserve the right of withholding or withdrawing a pension or part thereof permanently or for aspecified period to themselves, if the pensioner is found guiltyof any pecuniary loss caused to Government ( Rule 9 )
If a Pensioner is found guilty of negligence causingpecuniary loss to Government or local body or CooperativeSociety during the period of his service or duringreemployment after retirement, Government has power toorder recovery from the pension / Gratuity of whole or part of such loss Rule 9(b). If such recovery is ordered it should notexceed one third of the pension as on date of retirement.Excess payment of pension can be deducted from subsequentpension or family pension without the consent of thePensioner \ family Pensioner. ( Rule 9(5) ) G.O.784 Fin16.10.1971, Letter 13755 / 92 – Fin 20.02.1992 , G.O. 702 FIN7.10 1988).

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