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The UTTAR PRADESH FUNDAMENTAL RULE 56 (AMENDNENT AND VALIDATION) ACT, 2020

Uttar Pradesh · state statute
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THE UTTAR PRADESH FUNDAMENTAL RULE 56 
(AMENDNENT AND VALIDATION) ACT, 2020 
(U.p. Act no. 9 of 2020) 
 
Arrangement of sections 
Sections:- 
 
1.  Short title 
2.  Amendment of  Fundamental Rule 56. 
3.  Validation. 
 
No . 421 (2)/LXXIX-V-1-20-1(Ka)-11-2020 Date Lucknow, March 13, 2020            In pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Governor is pleased to order the publication of the following English translation of the Uttar Pradesh Fundamental Rule 56 (Sanshodhan aur Vidhimanyakaran) adhiniyam , 2020 (Uttar Pradesh Adhiniyam Sankhya 9 of 2020) as passed by the Uttar Pradesh Legislature and assented to by the Governor on March 12, 2020. The Vitta (Samanya) Anubhag-2 is administratively concerned with the said Adhiniyam. THE UTTAR PRADESH FUNDAMENTAL RULE 56 (AMENDNENT AND VALIDATION) ACT, 2020 (U.p. Act no. 9 of 2020) (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 there to. IT IS HEREBY  enacted in the Seventy- 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, 2020 short title 2. In rule 56 of the Uttar Pradesh fundamental Rules published in the Financial Handbook Volume II, Parts II to IV, as amended from time to time (hereinafter referred to as the said rule), in clause (e) the proviso shall be omitted and be deemed to have been omitted with effect from January 1, 2006  Amendment of Fundamental Rule 56 3. Notwithstanding any judgment, decree of order of any Court, anything done or purporting to have been done and any action taken of purporting to bave been taken under or in relation to the said clause (e) of  Rule 56 in terms of the paragraph  6 of the Government Order No. Sa-3-1508/X-2008-308-97, dated December 8, 2008(as amended) before the commencement of the Uttar Pradesh Fundamental Rull 56 (Amendment and Validation) Act, 2020 shall be deemed to be and always to have been done or taken under or in relation to the said clause as amended by the Uttar Pradesh Fundamental Rule 56 (Amendment and Validation) Act, 2020 and to be and always to have been valid as if the provisions of the said Act were in force at all material times with effect from January 1, 2006  Validation  ----------- STATEMENT OF OBJECTS AND REASONS   Clause (e) of  Uttar Pradesh Fundamental Rule 56 provides that a retiring pension shall 
be payable and other retirement benefits, if any shall be avilable in accordance with and subject to the provisions of the relevant rules to every Government servant who retires or is required or allowed to retire under this rule. 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.  Sixth Central Pay Commission has recommended that full pension should be allowed to Government servants on completing twenty years of qualifying service with effect from 01-01-2006. The provision of the said rule has been amended by Government Order No. Sa-3-1508/Ten-2008-308-97, deted December 8, 2008 and Government Order   No. Sa-3-G.I.-28/Ten-2008 , dated January 6, 2009 and  Government Order No. Sa-3-1622/Ten-2010-308/97, dated  Novermber 10, 2010 but the provision as aforesaid is existing in the said cluase. It has been decided to amend the said clause (e) of Uttar Pradesh Fundamental Rules 56 with effect from 01-01-2006 to make the provision thereof similar to the recommendation of Sixth Central Pay Commission.   The Uttar Pradesh Fundamental Rule 56 (Amendment and Validation) Bill, 2020 is introduced accordingly.   By order, J.P. SINGH- II Pramukh Sachiv. 

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