The UTTAR PRADESH QUALIFYING SERVICE FOR PENSION AND VALIDATION ACT, 2021

THE UTTAR PRADESH QUALIFYING SERVICE FOR PENSION 
AND VALIDATION ACT, 2021 
[ U. P. ACT No. 1 of 2021 ] 
[ As passed by the U.P. Legislature, assented to by the 
Governor on March 4, 2021 and was published in U.P. Gazette 
Extraordinary on March 5, 2021. ] 
AN 
ACT 
to provide for qualifying service for pension and to 
validate certain actions taken in this behalf and for matters 
connected therewith or incidental thereto. 
IT IS HEREBY enacted in the Seventy -second Year of the 
Republic of India as follows :– 
Short title, 
extent and 
commencement 
1. (1) This Act may be called the Uttar Pradesh Qualifying
Service for Pension and Validation Act, 2021. 
(2) It shall extend to the whole of the State of Uttar Pradesh. 
(3) It shall be deemed to have come into force on April 1, 
1961. 
Qualifying 
Service for 
Pension 
2. Notwithstanding anything contained in any rule, regulatio n
or Government order for the purposes of entitlement of pension to an 
officer, "Qualifying Service" means the services rendered by an officer 
appointed on a temporary or permanent post in accordance with the 
provisions of the service rules prescribed by the Government for the 
post. 
Validation 3. Notwithstanding any Judgement, 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 
sub-rule (8) of rule 3 of the Uttar Pradesh Retirement Benefit Rules, 
1961 before the commencement of this Act, shall be deemed to be 
and always to have been done or taken under the provisions of this 
Act and to be and always to have been valid as if the provisions of 
this Act were in force at all material times with effect from April 1, 
1961. 
Overriding 
effect 
4. Save as otherwise provided, the provisions of this Act shall
have effect, notwithstanding anything  inconsistent therewith 
contained in any other law for the time being in force or in any 
instrument having effect by virtue of any law for the time being in 
force other than this Act. 
U.P. Ordinance 
no. 19 of 2020 
5. (1) The Uttar Pradesh Qualifying Servi ce f or
Pension and Validation Ordinance, 2020 is hereby 
repealed. 
Repeal 
and 
saving 
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[The Uttar Pradesh Qualifying Service For Pension and Validation Act, 2021] 
(2) Notwithstanding such repeal, anything done or 
any action taken under the provisions of the principal Act 
as amended by the Ordinance referred to in sub -section (1) 
shall be deemed to have been don e or taken under the 
corresponding provisions of the principal Act as amended 
by this Act as if the provisions of this Act were in force at 
all material times. 
———— 
S
TATEMENT OF OBJECTS AND REASONS 
Pension and gratuity admissible to a retired Government servant are determined 
in relation to the length of qualifying service of the Government servant. Although the 
term "Qualifying Service" is described in the Uttar Pradesh Civil Service Regulation and 
the Ut tar Pradesh Retirement Benefit Rules, 1961, howe ver the definition of the said 
term is open to subjective interpretation which leads to administrative difficulties. 
It has, therefore, been decided to make a law defining the term "Qualifying 
Service" and to validate such definition with effect from  Apri l 1, 1961 which is the date 
of commencement of the Uttar Pradesh Retirement Benefit Rules, 1961. 
Since the State Legislature was not in session and immediate legislative action 
was necessary to implement the aforesaid decision, the Uttar Pradesh Qualifying  
Service for Pension and Validation Ordinance, 2020 (U.P. Ordinance no. 19 of 2020) 
was promulgated by the Governor on October 21, 2020. 
This Bill is introduced to replace the aforesaid Ordinance. 
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[The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021]
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