THE UTTAR PRADESH FUNDAMENTAL RULE 56 (AMENDMENT AND VALIDATION) ACT, 2021

TR TR IRERE TAE, 10 A, 2021 ’ B No. 458 (2)/LXXIX-V-1-21-1-ka-15-21 Dated Lucknow, March 10, 2021 IN pursuance of the provisions of clause (3) of Article 348 of the Constitution of India, the Governor is pleased to order the publication of the following English translation of the Uttar Pradesh Fundamental Rule 56 (Sanshodhan Tatha Vidhimanyakaran) Adhiniyam, 2021 (Uttar Pradesh Adhiniyam Sankhya 12 of 2021) as passed by the Uttar Pradesh Legislature and assented to by the Governor on March 10, 2021. The Vitt (Samanya) Anubhag-2 is administratively concerned with the said Adhiniyam. THE UTTAR PRADESH FUNDAMENTAL RULE 56 (AMENDMENT AND VALIDATION) ACT, 2021 (U.P. Act no. 12 of 2021) {As passed by the Uttar Pradesh Legislature] AN AcT further to amend the Fundamental Rule 56 and to validate certain actions taken thereunder or in relation thereto. IT Is HEREBY enacted in the Seventy second Year of the Repubhc of India as follows:- ) . (1) This Act may be called the Uttar Pradesh Fundamental Rule 56 Short titie and ) (Amendment and Validation) Act, 2021. commencement (2) It shall be deemed to have come into force wuh effect from the 28" day of November, 2001. 2. In Rule 56 of ‘the Uttar Pradesh Fundamental Rules, pubhshed in the Amendmentof Financial Hand Book, Volume I, Parts I to IV, as amended from time to time, for t he :‘;’I‘d’”“fl““.; . : t ; e e existing ' Uttar Pradesh Rule 56 (n) the following provision shall be substituted, namely :~ Fundamental Rules " 56 (a) Except as otherwise provided in this rule, every Govemment servant shall retire from service on the afternoon of the last day of the month in which h€ attains the age of sixty years: Provided that a Government servant whose date of bmh is lhe first day of a month, shall retire from service on the afternoon of the last day of the preceding month on attaining the age of sixty years : Provided further that a Government servant who has attained the age of fifty-eight years on or before the first day of November, 2001 and is on extension in service, shall retire from service on cxplry of his extended period of service. (a-1) No Government servant shall be granted extension * ‘in service beyond the age of retirement of sixty years : Provided that a Government servant dealing with budget work or working as a full-time member of & committee which is to be wound up within a short period of time may be granted, by the Government, extension of service for a period not exceeding three months in public interest : Provided further that the Governient shall have the right to terminate the extension of service before the expiry of such extension by givi ng a notice in writing of not less than three months in the case of permanent or, of one month in the case of a temporary Government servant, or pay and allowances in lieu of such notice." 788_RPH_2021_(Fundamental Rules)-2021 Data-4E 4 . SR Yo JEEIRY AWC, 10 AT, 2021 Validation * 3. 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 said clause (a) of Rule 56 in terms of Notification no. G-2-605/X-534(19)-57, dated June 27, 2002 before the commencement of this Act, shall be deemed to be and always to have been done or taken under or in relation ’ 10 the said Rule 56 (a) as amended and validated by this Act and to be and always to : have been as valid as if the provisions of this Act were in force at all material times. STATEMENT OF OBJECTS AND REASONS Clause (a) of Uttar Pradesh Fundamental Rule 56 provides the age of superannuation for retirement from the Government services. The age of superannuation for retirement from Government services was fixed as 60 years in place of 58 years w.ef November 28, 2001 vide Notification no. 1098/ka-1/2001, dated November 28, 2001 issued by Karmik Anubhag-1 of the Government of Uttar Pradesh. To amend the Fundamental Rule 56 in accordance with the aforesaid 'notificaiio;l, the Finance Department, Government of Uttar Pradesh issued the Notification no. G-2-605/X-534(19)-57, dated June 27, 2002. Since the amendment in Fundamental Rule 56 has been made retrospectively, therefore, in order to validate the aforesaid notification of the Finance Department with retrospective effect, it has been decided to amend the said clause of Fundamental Rule 56. The Uttar ‘Pradesh Fundamental Rule 56 (Amendment and Validation) Bill, 2021 is introduced accordingly. By order, ATUL SRIVASTAVA, Pramukh Sachiv. Hogwogodio—godio 788 UeTT—2021—(1674)-588 WfvE—(FFER /Do / 3HHE) | dovogotio—Todho 267 WMo fAeITAr-2021—(1675)-300 WiRTI—(FPgER /o, /dtee) | 788_RPH_2021_(Fundamental Rules)-202) Data-4E