The Central Government has issued a notification to amend the All India Services (Death-cum-Retirement Benefits) Rules, 1958. These amendments, effective from their publication in the Official Gazette, introduce changes to the provisions regarding the retirement of service members in the public interest. Specifically, rule 16 has been updated to allow the Central Government, in consultation with the concerned State Government, to require a member to retire. This can occur after a review upon completion of 15 years of qualifying service, or after a review upon completion of 25 years of qualifying service or attaining the age of 50. Additionally, a review can be conducted at any other time if it hasn’t happened earlier, as deemed fit by the Central Government. The term ‘review’ is clarified to mean an assessment of the member’s service record for suitability for continued service, to be conducted periodically.
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[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3(I)]
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
New Delhi, the 31st January, 2012
NOTIFICATION
GSR …… (E)… In exercise of the powers conferred by sub-section (1) of section 3 of the All India Services Act, 1951 (61 of 1951), the Central Government, after consultation with State Governments, hereby makes the following rules further to amend the All India Services (Death-cum-Retirement Benefits) Rules, 1958, namely:-
- (i) These rules may be called the All India Services (Death-Cum-Retirement Benefits) Amendment Rules, 2012.
(ii) They shall come into force on the date of their publication in the Official Gazette.
-
In the All India Services (Death-cum-Retirement Benefits) Rules, 1958, in rule 16, for sub-rule (3), the following shall be substituted, namely:-
‘(3) The Central Government may, in consultation with the State Government concerned, require a Member of the Service to retire from Service in public interest, after giving such Member at least three month’s previous notice in writing or three month’s pay and allowances in lieu of such notice, –
(i) after the review when such Member completes 15 years of qualifying Service; or
(ii) after the review when such Member completes 25 years of qualifying Service or attains the age of 50 years, as the case may be; or
(iii) if the review referred to in (i) or (ii) above has not been conducted, after the review at any other time as the Central Government deems fit in respect of such Member.
Explanation: – For the purposes of sub-rule (3), “review” means the review of the entire service record of the Member of the Service regarding suitability or otherwise of such Member for further retention in the Service, to be conducted regularly of each Member of such Service, firstly, after his completion of 15 years of qualifying Service, and secondly, after his completion of 25 years of qualifying Service or on his attaining the age of 50 years, as the case may be, or if the review referred to in clauses (i) or (ii) of this sub-rule has not been conducted inrespect of such Member, such review may be conducted at any other time as the Central Government deems fit.’
(F. No. 25013/02/2005- AIS-11)
Deepti Umashanker Director (Services)
Note:- The principal rules were published in the Gazette of India, vide G.S.R. No. 728, dated the 18th August, 1958 and subsequently amended by the following notifications:-
| Sl.No. | GSR No. | Date | Sl.No. | GSR No. | Date | Sl.No. | GSR No. | Date |
|---|---|---|---|---|---|---|---|---|
| 1. | 526 | 4.9.64 | 31 | 253 | 18.2.78 | 61 | 271 | 6.07.96 |
| 2. | 527 | 3.4.65 | 32 | 460 | 8.4.78 | 62 | 717(E) | 19.12.97 |
| 3. | 528 | 3.4.65 | 33 | 924 | 22.7.78 | 63 | 718(E) | 19.12.97 |
| 4. | 529 | 3.4.65 | 34 | 922 | 22.7.78 | 64 | 249(E) | 13.5.98 |
| 5. | 572 | 17.4.65 | 35 | 214 | 2.1.79 | 65 | 252(E) | 18.5.98 |
| 6. | 215 | 12.2.65 | 36 | 161 | 3.2.79 | 66 | 259(E) | 22.5.98 |
| 7. | 1915 | 17.2.66 | 37 | 373 | 3.2.79 | 67 | 548(E) | 31.8.98 |
| 8. | 590 | 3.3.68 | 38 | 1151 | 15.9.79 | 68 | 719(E) | 7.12.98 |
| 9. | 687 | 6.7.74 | 39 | 1291 | 22.10.79 | 69 | 35(E) | 14.1.99 |
| 10. | 755 | 2.7.74 | 40 | 512 | 10.5.80 | 70 | 702(E) | 1.9.2000 |
| 11. | 946 | 7.9.74 | 41 | 545 | 17.5.80 | 71 | 355(E) | 14.5.01 |
| 12. | 27(E) | 24.1.75 | 42 | 546 | 17.5.80 | 72 | 524(E) | 11.7.01 |
| 13. | 724 | 14.6.75 | 43 | 978 | 27.9.80 | 73 | 49(E) | 18.1.02 |
| 14. | 2264 | 23.8.75 | 44 | 248 | 7.3.81 | 74 | 779(E) | 12.11.02 |
| 15. | 2635 | 8.11.75 | 45 | 276 | 14.3.81 | 75 | 385(E) | 7.5.03 |
| 16. | 2030 | 20.12.75 | 46 | 705 | 1.8.81 | 76 | 105(E) | 6.2.04 |
| 17. | 128 | 31.1.76 | 47 | 293 | 9.1.83 | 77 | 820(E) | 20.12.04 |
| 18. | 196 | 14.2.76 | 48 | 557 | 3.7.83 | 78 | 617(E) | 30.9.05 |
| 19. | 316 | 6.3.76 | 49 | 712 | 1.10.83 | 79 | 699(E) | 30.11.05 |
| 20. | 504 | 10.4.76 | 50 | 33 | 21.1.84 | 80 | 727(F) | 20.12.05 |
| 21. | 758 | 5.6.76 | 51 | 559 | 15.6.85 | 81 | 360(E) | 12.6.06 |
| 22. | 757 | 5.6.76 | 52 | 813 | 31.8.85 | 82 | 20(E) | 12.1.07 |
| 23. | 1182 | 14.8.76 | 53 | 275 | 22.5.87 | 83 | 58(E) | 31.1.07 |
| 24. | 1765 | 25.12.76 | 54 | 343 | 3.4.88 | 84 | 184(E) | 9.3.07 |
| 25. | 579 | 7.5.77 | 55 | 567 | 16.7.88 | 85 | 585(E) | 28.7.2011 |
| 26. | 830 | 2.7.77 | 56 | 91 | 25.2.89 | 86 | 612(E) | 09.08.2011 |
| 27. | 831 | 2.7.77 | 57 | 420 | 21.2.90 | |||
| 28. | 1598 | 26.11.77 | 58 | 101 | 16.2.91 | |||
| 29. | 1700 | 24.12.77 | 59 | 2890 | 23.11.91 | |||
| 30. | 252 | 18.2.78 | 60 | 308 | 19.6.93 |
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