The UTTAR PRADESH FUNDAMENTAL RULE 56 (AMENDMENT) ACT, 1976

THE UTTAR PRADESH FUNDAMENTAL RULE 56 (AMENDMENT) 
ACT, 1976 
(U.P. Act No. 33 of 1976) 
 
Arrangement of sections 
Sections:- 
 
1.  Short title 
2.  Amendment of  F.R 56 
3.  Transitory  provision. 
  
No. 4873/XVII-V-1-161-76 
dated Lucknow, November 18, 1976  
      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 ) Adhiniyam, 1976 (Uttar Pradesh Adhiniyam 
Sankhya 33 of 1976), as passed by the Uttar Pradesh Legislature and assented to by the Governor 
on Novermber 16, 1976: 
 
THE UTTAR PRADESH FUNDAMENTAL RULE 56 (AMENDMENT) 
_________________________________________________________________ 
ACT, 1976 
(U.P. Act No. 33 of 1976) 
(As passed by Uttar Pradesh Legislature) 
An 
ACT 
further to amend the fundamental Rule 56 
IT IS HEREBY enacted in the. Twenty- seventh year of the Republic of India as follows:- 
 
1. This Act may be called the Uttar Pradesh Fundamental Rule 56 (Amendment) 
Act, 1976 
    Short title 
2. In rule 56 of the Uttar Pradesh Fundamental Rules, published in the Financial 
Hand Book, Volume II, Parts II to IV, as amended from time to time (hereinafter 
to be referred to as the said rule 56),- 
    (i) in clause (c) for the words ''fifty years'' occurring the second time, the 
words ''forty-five years'' shall be substituted; 
    (ii) in clause (e) the following proviso shall be inserted namely:- 
       ''Provided that where a Government servant who voluntarily retires or is 
allowed voluntarily to retire under this rule the appointing authority may allow 
him, for the purposes of pension and gratuity, if any, the benefit of additional 
service of five years or of such period as he would have served if he had 
continued till the ordinary date of his superannuation, whichever be less;" 
  (iii) for explanation (2) the following explanations shall be substituled and be 
deemed to always have been substituted, namely:-  
 
Amendment 
of    F.R 56 
"(2) In order to be satisfied whether it will be in the public interest to require a 
Government servant to retire under clause (c) the appointing authority may take 
into consideration any material relating  to the Government servant and nothing 
herein contained shall be construed to exclude from consideration- 
   (a) any entries relating to any period before such Government servant was 
allowed to cross any efficiency bar or before he was promoted to any post in an 
officiating or substantive capacity or on an ad hoc basis; or 
   (b) any entry against which a representation is pending, provided that the 
representation is also taken into consideration along with the entry; or  
   (c) any report of the vigilance Establishment constituted under the Uttar 
Pradesh Vigilance Establishment Act, 1965. 
  (2A) Every such decision shall be deemed to have been taken in the public 
interest" 
 
 
 
 
 
 
 
 
 
 
 
 
  
3-  Where any order of compulsory retirement under clause (c) of the said rule 56 
has been adjudicated before the commencement of this Act by any court or 
tribunal to be invalid on the ground of the appointing authority having taken into 
consideration any material referred to in explanation (2) to the said rule 56 as 
substituted by this Act, it shall be open to the appointing authority to apply to 
such court or tribunal within two months from the commencement of this Act for 
review of such judgment or order and the court or tribunal may on such 
application review its judgment or order in accordance with explanations (2) and 
(2-A) of the said rule 56 as substituted by this Act.  
Transitory 
provision. 
 
 
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सिचव                                                      
 
 
      
       
 
 

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