The UTTAR PRADESH ENTITLEMENT TO PENSION AND VALIDATION ACT, 2025
Uttar Pradesh · state statute
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312 RPH (Pension) (Adhiniyam) 2026 Data 7e
No. 261(2)/LXXIX-V-1–2026-1-ka-14-2025
Dated Lucknow,January2, 2026
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
Pension ki Hakdaari Tatha Vidhimanyakaran Adhiniyam, 2025 (Uttar Pradesh Adhiniyam Sankhya 5 of
2026) as passed by the Uttar Pradesh Legislature and assentedto by the Governor on January1, 2026. The
Vitt Samanya Anubhag-3is administratively concerned with the saidAdhiniyam.
THE UTTAR PRADESH ENTITLEMENT TO PENSION AND VALIDATION
ACT, 2025
(U.P. ACT no. 5 of 2026)
[As passed by the Uttar Pradesh Legislature Assembly]
AN
ACT
to provide for entitlement to 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-sixth Year of the Republic of India as
follows:-
1. (1) This Act may be called the Uttar Pradesh Entitlement to Pension and
Validation Act, 2025.
(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.
Short title,
extent and
commencement
2. For purposes of this Act, unless the context otherwise requires,—
(a) “Government”shall mean the Government of Uttar Pradesh;
(b) “regulations” shall mean any regulations in exercise of any
power conferred by any enactment by the State of Uttar Pradesh and shall
include the Civil Service Regulations as adopted for application in Uttar
Pradesh and any other regulations made by the Governor of Uttar Pradesh;
(c) “rules” shall mean any rules made in exercise of any power
conferred by any enactment by the State of Uttar Pradesh and shall include
the Uttar Pradesh Retirement Benefits Rules, 1961 and any other rules
made by the Governor of Uttar Pradesh under the proviso to
Article 309 of the Constitution;
(d) “substantive appointee”shall mean any person who has been
appointed in accordance with the procedure prescribed in the applicable
rules or regulations to any temporary or permanent post duly created by
the Government in a permanent establishment of the Government.
Definitions
3. Notwithstanding anything contained in any rules, regulations or Government
orders, no person who,—
(a) is not a substantive appointee in any department or in any
organization under any department of the Government; and
(b) is or has been a subscriber to any Contributory Provident Fund or
the Employees’ Provident Fund;
shall be entitled to pension under any rules, regulations or Government orders
relating to the grant of pension.
Entitlement to
Pension
4. Notwithstanding any judgement, decree or order of any Court, Tribunal or
Authority, all actions taken, things done or Government orders issued or purporting to
have been taken, done or issued, by which pension has been denied to any persons or
class of persons who are not substantive appointees and who are or have been
subscribers to any Contributory Provident Fund or the Employees’ Provident Fund, shall
be deemed to be and always to have been validly taken, done or issued 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.
Validation
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312 RPH (Pension) (Adhiniyam) 2026 Data 7e
Overriding effect 5. 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.
Repeal and saving 6. (1) The Uttar Pradesh Entitlement to Pension and Validation
Ordinance, 2025 is hereby repealed.
U.P.
Ordinance no.
9 of 2025
(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
done 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.
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STATEMENT OF OBJECTS AND REASONS
The conditions for entitlement to pension payable are given in the Uttar Pradesh Retirement
Benefits Rules, 1961 and the Uttar Pradesh Civil Service Regulations. However, these are open to
subjective interpretation which leads to administrative difficulties.
It has, therefore, been decided to make a law defining the conditions of entitlement to pension
and to validate such definition with effect from 1st April, 1961, which is the date of commencement of the
Uttar Pradesh Retirement Benefits Rules, 1961.
Since the State Legislature was not in session and immediate legislative action was necessary
to implement the aforesaid decision, the Uttar Pradesh Entitlement to Pension and Validation Ordinance,
2025 ) U.P. Ordinance no. 9 of 2025 ( was promulgated by the Governor on 2nd September, 2025.
This Bill is introduced to replace the aforesaid Ordinance.
By order,
J. P. SINGH-II,
Pramukh Sachiv.
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