Monday, April 1, 2013

Commercial Employment after retirement for Group "A" Officer: FAQ by DoPT

Commercial Employment after retirement for Group 'A' Officer

(i) What are the provisions in this regard?
Answer:— Rule 10 of the CCS(Pension) Rules, 1972 has the provisions in this regard. The latest amendment to the above rule in the CCS(Pension) Rules was notified on 23.11.2006. The procedure for grant of permission to the pensioners for commercial employment after retirement has been indicated in O.M. No. 27012/5/2010-Estt.(A) dated 5.12.2006, a copy of which is available in this Department's website. [see below]

(ii) What is the procedure to grant permission to take up commercial employment after retirement in respect of officers retired at the level of JS/equivalent and above?
Answer: — The cadre authority/Ministry/Department from which the officer retired has to examine the proposal with reference to guidelines in this regard given in sub-rule(3) of Rule 10 of the CCS(Pension) Rules. After approval to the proposal by the Minister-in-charge of the cadre controlling Department of the Service to which such persons belongs to, and the Minister-in­charge of the Department where such a person worked during last one year, the proposal has to be forwarded to for further processing.

No. 27012/5/2000-Estt(A)
Government of India
Ministry of Personnel, Public Grievances & Pensions 
Department of Personnel and Training
New Delhi, Dated 5th December, 2006
Subject: Procedure for grant of permission to the Pensioners for commercial employment after retirement.

The undersigned is directed to say that Rule-10 of the CCS (Pension)Rules, 1972 which regulates the post-retirement commercial employment of retired Group 'A' Officers, has been amended by this Department vide Notification (File No. 2701211/2006-Estt(A)), dated 23.11.2006. The notification came into force on the date of its publication in the Gazette of India. The copy of the printed Gazette Notification is attached herewith.

2. Henceforth all the requests for permission for post- retirement commercial employment of retired Group 'A' officers of Central Civil Services/posts received on or after 23.11.2006 shall be governed by the amended provision. In granting or refusing permission, the following provisions shall be kept in view:-

a) Permission will be required for post retirement commercial employment of a retired officer who was a member of a Group 'A' Central Civil Service or held a Group 'A' post if the commercial employment is to be taken up within one year of retirement.

b) The factors mentioned in the amended Sub Rule (3)of Rule 10 will have to be satisfied.

c) The application for permission for commercial employment will continue to be in form 25 appended to the CCS (Pension) Rules with serial No. 7 ae 9 modified as per the amendment made in the aforesaid Notification.

d) Before an application of the retired officer is considered, an undertaking from the retired officer is to be taken in the form of an affidavit that the factors mentioned in clauses (b) to (f) of the amended sub-rule (3)of Rule 10 of the CCS (Pension) Rules, do not come in the way of considering his application.

e) The existing procedure for consideration of applications for post-retirement commercial employment as indicated in this Department's avi No. 27012/4/97-Estt.(A) dated 2.12.1997 will continue to be operative.

f)   If the 5 core concerns stated in clauses (b) to (f) of the amended sub-rule (3) of Rule 10 of CCS (Pension) Rules, 1972 are met, Govt. may:-
(i) liberally grant permission for Directorship of firms/consultancy/practice in professional areas;
(ii) Actively encourage post service employment in scientific, literacy, cultural, social and artistic activity;
(iii) Be liberal in granting permission for posts of responsibility in Non-Governmental sector.
(iv) Not distinguish between 'honorary' and 'paid employment' or between employment and self- employment.

3. The other provisions of Rule 10 of CCS(Pension) Rules,1972 not affected by the amendment notification will continue to be operative.

4. Ministry of Finance etc. are requested to note these instructions carefully for their guidance and compliance.

5. Hindi version will follow.

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