Tamil Nadu Govt Pension Rules...

Tamilnadu Government Pension Rules....few excerpts..... Rule 10. Commercial and private employment after retirement: 1. If a pensioner to whom this rule applies wishes to accept any employment, whether commercial or private, before the expiry of two years from the date of his retirement or any employment under a Government outside India at any time, he should obtain the previous sanction of the Government to such acceptance. 2. Subject to provisions of sub rule (3), The Government may, by order in writing on 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 be recorded in the order, to such pensioner to take up the commercial / private employment specified in the application. 3. If any pensioner takes up any Commercial /private employment at any time before the expiry of two years 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 / private 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 period as may be specified in the order. 4. The rule shall apply to all pensioners who immediately before retirement were gazetted 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 his reemployment. Note (3) In this rule “commercial employment” means employment in any capacity, including that of an agent, under a company, co-operative society, firm or individual engaged in trading, commercial, industrial, financial or professional business and includes also a directorship of such company and a partnership of such firm and also include employment under a body corporate owned or controlled by Government. Explanation 1. Employment under co-operative society shall include.... Explanation II. For the purpose of this rule, commercial employment shall also include setting up practice, either independently or as a partner of a firm, as advisor or consultant in matters in respect of which a retired Government servant, i)

Has no professional qualification 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

ii)

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

iii)

Has to undertake work involving liaison or contract with the offices or officers 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 Pension Rule 33. Retiring Pension Rule 34. Pension on absorption in or under a corporation, Company or Body Rule 35. Payment of lump sum amount to persons on absorption in or under a corporation, Company or Body Rule 36. Invalid Pension Rule 37. Medical Opinion Rule 38. Compensation Pension Rule 39. Compulsary retirement pension Rule 40. Compassionate allowance – (1) A government servant who is dismissed or removed from service shall forfeit his pension and gratuity: Provided further that no allowance shall be granted to an officer under the rule-making control of the Government of India, other than those who are governed by the All-India Services (Death cum retirement benefits) rules 1958 without 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 VI Rule 42. Regulation of amounts of pension Rule 43. Amount of Pension/Gratuity – (1) to (4)----

(5) Where the amount of pension after due calculations, inclusive of adhoc increment 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 PensionerRule.45. Death cum Retirement Gratuity

Post-Retirement Employment : 16

No permission is required for post-retirement employment with a university as it is not treated as commercial employment.

17

Post-retirement employment with a black-listed firm may not be considered for approval.

18

Retired Group ‘A’ Officers are required to furnish half-yearly declaration in the prescribed form about acceptance/non-acceptance of commercial employment within India or of any employment under any Government outside India, within one years from the date of their retirement.

19

Only 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 should specify whether or not they have had any official dealing while in Government service, with the private employer, with whom they are taking up commercial employment.

Retired employees of A & B Group have to obtain permission of Government to accept private employment within two years of retirement Rule 10.

8.1 The Government reserve the right of withholding or withdrawing a pension or part thereof permanently or for a specified period to themselves, if the pensioner is found guilty of any pecuniary loss caused to Government ( Rule 9 ) 8.2 If a Pensioner is found guilty of negligence causing pecuniary loss to Government or local body or Cooperative Society during the period of his service or during reemployment after retirement, Government has power to order recovery from the pension / Gratuity of whole or part of such loss Rule 9(b). If such recovery is ordered it should not exceed one third of the pension as on date of retirement. Excess payment of pension can be deducted from subsequent pension or family pension without the consent of the Pensioner \ family Pensioner. ( Rule 9(5) ) G.O.784 Fin 16.10.1971, Letter 13755 / 92 – Fin 20.02.1992 , G.O. 702 FIN 7.10 1988).

8.3 Government employee has to clear all dues to Government before the date of his retirement. If he does not clear such dues by that date, he has either to furnish cash deposit for such amount or such dues shall be deducted from the gratuity payable to him. ( Rule 70 ).