The UTTAR PRADESH FUNDAMENTAL RULE 56 (AMENDMENT AND VALIDATION)ACT,1970

THE UTTAR PRADESH FUNDAMENTAL RULE 56 (AMENDMENT 
AND  
VALIDATION)ACT,1970 
 
(U.P. Act No. 5 of 1970) 
 
Arrangement of sections 
Sections:- 
 
1.  Short title. 
2.  Amendment of Fundamental Rule 56. 
3.  Validation. 
4.  Repeal of Uttar Pradesh Ordinance No. VI of 1969 
  
THE UTTAR PRADESH FUNDAMENTAL RULE 56 (AMENDMENT AND  
VALIDATION)ACT,1970 
(U.P. Act No. 5 of 1970) 
(Authoritative English Text of the Uttar Pradesh Fundamental Rule 56 (Sanshodhan tatha 
Vaidhikaran) Adhiniyam, 1970) 
AN 
ACT 
to amend Fundamental Rule 56 and to validate certain actions taken thereunder or in relation 
thereto 
 IT IS HEREBY enacted in the Twenty-first Year of the Republic of India as follows:- 
1. This Act may be called the Uttar Pradesh Fundamental Rule 56 
(Amendment and Validation) Act, 1970. 
 
short title 
2- In clause (a) of Rule 56 of the Uttar Pradesh Fundamental Rules, 
published in the Financial Handbook Volume II, Parts II to IV, hereinafter 
referred to as the said Rule 56(a) for the existing provisos the following 
provisos and Explanation shall be substituted, and be deemed to have been 
substituted with effect from january 1, 1964 namely :-  
 
Amendment of 
Fundamental Rule 
56. 
" Provided that--- 
 (i) the appointing authority may, at any time, without assigning any 
reason, require the Government servant to retire on three months' notice or 
pay in lieu of the whole or part thereof, after he attains the age of 55 years, 
or such lesser age as together with the period of notice in lieu of which the 
pay is substituted would aggregate to 55 years, so however, that in the case 
of pay being given in lieu of the whole or part of such notice the said period 
shall stand added to the government servant's qualifying service for the 
purposes of calculating the pension and the death-cum-retirement gratuity due 
to him and for no other purpose; or 
 (ii) the government servant may, after attaining the age of 55 years 
voluntarily retire after giving three months notice to the appointing authority: 
Provided further that--- 
     (i) the notice of voluntary retirement given under the first proviso by a 
government servant against whom a disciplinary proceeding is pending or 
contemplated shall be effective only if it is accepted by the appointing 
authority, subject to the condition that in case of a contemplated disciplinary 
proceding, the government servant is so informed before the expiry of the 
notice;  
(ii) the notice once given by a government servant under the first proviso shall 
not be withdrawn by him except with the permission of the appointing 
 
authority. 
       Explanation--(1) The decision of the appointing authority under the first 
proviso to require the government servant to retire as specified therein shall 
be taken if it appears to the said authority to be in the public interest, and 
the State Government may, from time to time, issue executive instructions 
indicating guiding principles in that behalf, but nothing herein contained shall 
be construed to require any recital, in the order, of such decision having been 
taken in the public interest or to require the publication of such instructions.  
(2) Every such decision shall. unless the contrary is proved, be presumed to 
have been taken in the public interest. 
(3) 'Appointing authority' means the authority which has the power to make 
substantive appointments to the post or service from which the government 
servant is required or wants to retire. 
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 the said Rule 56(a) before the 
commencement of this Act including any decision or order made, executive 
instructions issued, or motice or pay in lieu of notice given or paid or ordered 
to be paid, retirement required or effected, or pension sanctioned or paid, 
shall be deemed to be and always to have been done or taken under or in 
relation to the said Rule 56 (a) as amended 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. 
 
 
Validation 
4. The Uttar Pradesh Fundamental Rule 56 (Amendment and Validation 
Ordinance, 1969 is hereby repealed. 
Repeal of Uttar 
Pradesh 
Ordinance No. VI 
of 1969 
 
 
 
 
 
 
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*(For statement of objects and Reasons, please sec Uttar pradesh Gazette Extraardinary, dated March 3, 1970) 
(Passed in Hindi by the Uttar Pradesh Legislative Assembly on March 10, 1970 and by th Uttar Pradesh Legislative Council on Mach 13, 1970) 
(Received the Assent of the Governor on March 31, 1970 under article 200, of the Constitution of India and was published in the Uttar Pradesh-Gazette 
Extraordinory, dated April 1, 1970 

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