Rule 9 - Pension Documents

9. Commercial employment after retirement.- (1) If a pensioner who, immediately before his retirement was a member of Central Service Group `A' wishes to accept any commercial employment before the expiry of one year from the date of his retirement, he shall obtain the previous sanction of the Government to such acceptance by submitting an application in Form 1:

Provided that a Government servant who was permitted by the Government to take up a particular form of commercial employment during his leave preparatory to retirement or during refused leave shall not be required to obtain subsequent permission for his continuance in such employment after retirement:

Provided further that a Government servant shall not negotiate for commercial employment during service without prior permission of the administrative Ministry or Department and such permission shall not be given unless there are special reasons for doing so.

(2) Subject to the provisions of sub-rule (3), the Government may, by order in writing, on an application made under sub-rule (1) by a pensioner,-

(a) grant necessary permission to such pensioner to take up the commercial employment specified in the application, subject to such conditions, if any, as it may deem necessary; or

(b) refuse permission to such pensioner to take up the commercial employment specified in the application, for reasons to be recorded in the order.

(3) In granting or refusing permission under sub-rule (2) to a pensioner for taking up any commercial employment, the Government shall have regard to the following factors, namely:-

cadre controlling authority and from the office where the officer retired;

(b) whether the officer has been privy to sensitive or strategic information in the last three years of his service which is directly related to the areas of interest or work of the organisation which he proposes to join or the areas in which he proposes to practise or consult;

(c) whether there is conflict of interest between the policies of the office he has held in the last three years and the interest represented or work undertaken by the organisation he proposes to join;

Explanation.- with the Government or its undertakings.

(d) whether the organisation he proposes to join has been known to be in any way in conflict with or prejudicial to ecurity and domestic harmony, and whether the organisation is undertaking any activity for intelligence gathering;

(e) whether service record of the officer is clear, particularly with respect to integrity and dealings with nonGovernment organisations;

(f) whether the proposed emoluments and pecuniary benefits are far in excess of those currently prevailing in the industry;

Explanation.- such benefit that may be as a result of buoyancy in the industry or in the economy as a whole.

(g) any other relevant factor which may be in the knowledge of the administrative Ministry but are not included in the criteria in this rule or the matters on which specific instructions may be issued by Department of Personnel and Training from time to time.

(4) The applications of pensioners for permission to accept commercial employment shall be considered in accordance with the Government of India (Transaction of Business) Rules, 1961 and the instructions issued by the Government from time to time.

to ensure that all aspects relating to the case have received proper attention, the administrative Department shall maintain a check list in Form 2.

(6) Where the pensioner is not disqualified on account of any of the factors mentioned in clause

(b) to clause

(g) of sub-rule (3), the Government may,-

liberally grant permission for Directorship of a firm or consultancy or practice in professional areas;

(ii) actively encourage post service employment in scientific, literary, cultural, social and artistic activity;

(iii) be liberal in granting permission for posts of responsibility in non-Government sector; and

(iv) not distinguish between honorary and paid employment and self- employment. (7) Where the Government grants the permission applied for subject to any conditions or refuses such permission, the applicant may, within thirty days of the receipt of the order of the Government to that effect, make a representation against any such condition or refusal and the Government may make such orders thereon as it deems fit:

Provided that no order other than an order cancelling such condition or granting such permission without any conditions shall be made under this sub-rule without giving the pensioner making the representation an opportunity to show cause against the order proposed to be made.

(8) If any pensioner takes up any commercial employment at any time before the expiry of one year 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 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 periods as may be specified in the order:

Provided that no such order shall be made without giving the pensioner concerned an opportunity of showing cause against such declaration:

Provided further that in making any order under this sub-rule, the Government shall have regard to the following factors, namely:-

(i) the financial circumstances of the pensioner concerned;

(ii) the nature of, and the emoluments from the commercial employment taken up by the pensioner concerned; and

(iii) any other relevant factor.

(9) Every order passed by the Government under this rule shall be communicated to the pensioner concerned.

Explanation.- For the purpose of this rule,-

(a) the expression "commercial employment" means :-

(i) an employment in any capacity including that of an agent, under a company, co-operative society (which includes holding of any office, whether elective or otherwise, such as that of President, Chairman, Manager, Secretary, Treasurer and the like, by whatever name called in such society), firm or individual engaged in trading, commercial, industrial, financial or professional business and includes also a directorship of such company and partnership of such firm, but does not include employment under a body corporate, wholly or substantially owned or controlled by the Central Government or a State Government;

(ii) setting up practice, either independently or as a partner of a firm, as adviser or consultant in matters in respect of which the pensioner -

(A) has no professional qualifications 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 (B) 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 (C) has to undertake work involving liaison or contact with the offices or officers of the Government.

(b) the expression "date of retirement", in relation to a Government servant re-employed after retirement, without any break, either in the same or in another Group `A' post under the Government or in any other equivalent post under a State Government, means the date on which such Government servant finally ceases to be so re-employed in Government service.

9. Verification I certify that the particulars furnished above are correct. Signature of Pensioner (with name in Block letters and address) Date ........................

List of Documents to be submitted with Form 5

9. Are there any charges of fraud or any other serious crime against the missing Government servant/ pensioner/family pensioner ? If so give details. (Applicable in case of missing Government servant/pensioner/family pensioner) ......................................................

I declare that the information given by me is true to the best of my knowledge and nothing has been concealed therefrom.

I am aware that future good conduct of the claimant/family pensioner shall be an implied condition for every grant of family pension and its continuance.

*Providing Aadhaar No. is voluntary. However, if it is provided, consent to link it to bank account and also for authentication of identity from UIDAI for pension related purpose only, is presumed.

Note: If a member or members of family is/are proposed to be co-authorised for family pension, an application in Form 8 may be attached. In accordance with Rule 63(1), the following members of family are eligible for coauthorisation for family pension along with spouse, if there is no other member of family eligible for family pension before them:

Disabled child/ children Dependent parents. Disabled siblings.

List of Documents to be submitted with Form 10 1. Two specimen signatures (to be furnished in a separate sheet) .If the claimant cannot sign his/her name then he/she is required to put the impression of his/her left/right thumb etc. on the document in lieu of specimen signature. 2. Proof of identity. 3. Proof of relationship with the deceased/missing Government servant/pensioner 4. Two copies of self attested passport size photographs of the claimant. 5. Details of family in Form 4. 6. Undertaking for refunding any excess payment made by the pension disbursing bank in Format 9. 7. Certificate

(s) of age showing the dates of birth of the children. The certificates should be from the municipal authorities or from the local panchayat or from the head of a recognized school or Central/state board of education. 8. Two specimen signatures of guardian (to be furnished in a separate sheet if the claimant is minor or suffering from mental disability) 9. If the guardian cannot sign his/her name then he/she is required to put the impression of his/her left/right thumb etc. on the document in lieu of specimen signature. 10. A copy of Photo ID proof of the guardian along with proof of Permanent Address. 11. Two self attested copies of passport size photograph of the guardian/nominee 12. Copy of Pension Payment Order of previous pensioner/family pensioner. 13. Copy of death certificate of Government servant/pensioner/previous family pensioner , if applicable 14. Copy of document regarding ineligibility of previous family pensioner, if applicable 15. Copy of report lodged with police in respect of missing Government servant or pensioner or previous family pensioner.(In case of missing pensioner/family pensioner only) 16. Copy of the report from the police that the Government servant could not be traced so far despite all efforts made (In case of missing pensioner/family pensioner only) 17. Indemnity Bond in Format 8 (In case of missing pensioner/family pensioner only) 18. Last Income Tax Return failing which Certificate from SDM failing which any other document regarding income in support of the claim for family pension (Not applicable in the case of spouse). 19. Copy of the first page of the Pass Book showing name and account number in which the family pension is to be credited. (Name of the claimant in the form and in the bank account should be the same) 20. If the claimant is a widowed/divorced daughter or a disabled child/sibling, document in support of the eligibility of the claimant (i.e death certificate of husband in the case of widowed daughter/divorce decree in the case of divorced daughter/disability certificate in the case of a disabled child) 21 Form 8, if a family member is proposed to be co-authorised for family pension.

9. Details of Government dues recoverable out of gratuity:

(a) Licence fee for occupation of Government accommodation [ See Rule 77]

(b) Amount to be withheld as indicated by the Directorate of Estates [See Rule 77 (1) (v)].

(c) Dues referred to in Rule 77 (2)

(d) Net amount payable as gratuity 10. Details of the nominee

(s) to whom gratuity is payable: S.No.

(a) Name

(b) Date of birth (DD/MM/YY YY)

(c) Aadhaar No.* (if available)

(d) Share in gratuity

(e) Relationship with deceased/missin g Govt. servant

(f) Address 1. 2. 3. 11. Details of guardian/nominee who will receive payment of gratuity in the case of minor/mentally disabled children - S. N.

(a) Name of minor/mental ly disabled child

(b) Name of guardian

(c) Aadhaar No.* (if available)

(d) Relationship with deceased/missing Govt. servant

(e) Address of guardian 1. 2. 3. 12. Details of payment of family pension Rate of family pension Amount of family pension Period for which it is payable From To Total period

(a) Enhanced rate [Rule 50 (2)(ii)]

(b) Ordinary rate [Rule 50 (2)(i)] 13. Name of the family member

(s) to whom family pension is to be authorized in Pension Payment Order

(a) Details of spouse and other family members, if any, who will share the family pension with percentage of family pension payable to each. Name Relation with Govern ment servant Monthl y income If the claimant is a widowed/div orced daughter, date of death of husband/date of divorce* If the claimant is a disabled child/sibl ing, date from which suffering from disability Postal address (with PIN code), Mobile No. and e-mail ID Percenta ge of family pension payable *If the date of divorce is after the date of death of both parents, then date of filing of divorce petition may be indicated in this column.

(b) Name and relation of family member to be co-authorised (i.e. disabled child/dependant parent/disabled sibling) Name Relation with deceased Government servant/pensioner 14. Details of guardian who will receive payment of family pension in the case of minor/ mentally disabled children S. N.

(a) Name of minor/mentally disabled child

(b) Name of guardian

(c) Aadhaar No.* (if available)

(d) Relationship with deceased/ missing Govt. servant

(e) Address of guardian 1. 2. 3.

What This Means

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

• 1Specifies the list of documents required with Form 10 for family pension claims.
• 2Includes documents for proving identity, relationship, and eligibility of the claimant.
• 3Covers scenarios involving deceased, missing, or disabled government servants/pensioners.
• 4Requires submission of undertakings, indemnity bonds, and other relevant certificates.
• 5Ensures proper verification and processing of family pension claims.

Practical Example

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Cross References

Frequently Asked Questions

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.