The Madhya Pradesh Shaskiya Sevak (Adhivarshki-Ayu) Adhiniyam, 1967

This Act may be called the Madhya Pradesh Shaskiya Sevak (Adhivarshiyi-Ayu) Adhiniyam, 1967.

For rule 56 of the Fundamental Rule applicable to the State of Madhya Pradesh as substituted by section 3 of the Madhya Pradesh Shaskiya Sevak Anivarya Sevanivritti Ka Vidhimanya-takaran Adhiniyam, 1967 (5 of 1967) (hereafter referred to as the said Act), the following shall be substituted, namely :--

"56.

1. (1) Subject to the provisions of Madhya Pradesh Anivarya Seva Nivritti-Ayu) Niyam, 1967 as specified in the Schedule to the Madhya Pradesh Shaskiya Sevak (Adhivarshiki-Ayu) Adhiniyam, 1967, the date of compulsory retirement of a Government servant other than class IV Government servant, shall be the date on which he attains the age of 58 years.
2. (2) The date of compulsory retirement of Class IV Government servant shall be the date on which he attains the age of 60 years. [2. Amendment of Fundamental Rule 56 as substituted by Section 2 of the Principal Act.—In section 2 of the Madhya Pradesh Shaskiya Sevak (Adhivarshiki-Ayu) Adhiniyam, 1967 (No. 29 of 1967) (hereinafter referred to as the principal Act) after sub-rule
3. (1) of Rule 56, the following sub-rule shall be inserted; namely— (1-a) Subject to the provisions of sub-rule (3), every Government teacher shall retire from service on the after noon of the last day of the month in which he attains the age of sixty years: Provided that a Government teacher whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of sixty years. Explanation.—For the purpose of this sub-rule "Teacher" means a Government servant by whatever designation called, engaged in teaching in an educational institution including technical or medical institutions, run by Government]."

For sub-rule

1. (1) of rule 2 of the Madhya Pradesh District and Sessions Judges (Death-Cum-Retirement Benefits) Rules, 1964 as substituted by section 4 of the said Act, the following sub-rule shall be substituted, namely :—
2. (1) Subject to the provisions of sub-rule (1-A), the All India Services (Death-cum-Retirement Benefits) Rules, 1958, as amended from time to time hereinafter referred to as the said Rules) shall apply mutatis mutandis to—
   • (a) all permanent District and Sessions Judges drawn from amongst the officers of the Judicial Service of the former State of Madhya Pradesh in the same manner as they have hitherto applied to them with effect from the 29th October, 1951 by virtue of rule 7
3. (2) of the Madhya Pradesh Judicial Services (Classification, Recruitment and Conditions of Services) Rules, 1955;
   • (b) all permanent, District and Sessions Judges in the State who are drawn from amongst the officers of the Judicial Services of the former States of Madhya Bharat, Vindhya Pradesh and Bhopal, with effect from the 1st April, 1958 subject to the exercise of option as provided in rule 3;
   • (c) all other permanent District and Sessions Judges in the State not falling within clauses
   • (a) and
   • (b) above. (1-A). With regard to the age of compulsory retirement the permanent, District and Sessions Judge shall be governed by the Madhya Pradesh (Anivarya Seva Nivritti-Ayu) Niyam, 1967 as specified in the Schedule to the Madhya Pradesh Shaskiya Sewak Adhivarshiki-Ayu) Adhiniyam, 1967 and the provisions of Fundamental Rule 56, as substituted by section 2 of the said Act.

Amendments made by section 2 and 3 shall come into force with effect from the 15th December, 1967.

The Madhya Pradesh Shaskiya Sevak (Adhivarshiki-Ayu) Adhyadesh, 1967 (12 of 1967) is hereby repealed.

[ See sections 2 and 3 ] Rules 1. (1) These rules may be called the Madhya Pradesh (Anivarya Seva Nivritti-Ayu) Niyam, 1967. (2) They shall come into force with effect from the 15th December, 1967. 2. (1) The age of compulsory retirement of Government servants other than Class IV Government servants shall be 58 years. (2) The age of compulsory retirement of Class IV Government servants shall be 60 years. 3. Those Government Servants who have already attained the age of 58 years on the date mentioned in sub-rule (2) of rule 1 and are in service of the said date shall, as from the said date, be entitled to such leave as may be due for a period not exceeding 120 days and shall stand retired on the date next following the date of completion of such leave : Provided that the duration of such leave shall, in no case, extend beyond the date of attainment of the age of 58 years. 14-A. Notwithstanding anything contained in rule 4, a Government Servant who had been a freedom fighter may, on production of a certificate in the form below and subject to his otherwise being fit to be continued in service, be given extension of service beyond the age of 55 years for such period not exceeding the period for which such government servant was in actual detention and/or imprisonment including the period undergone as under trial in connection with the freedom movement, subject to maximum of three years. Explanation.—For the purposes of this rule "a freedom fighter" mean a Government servant who was detained and/or imprisoned on account of his political activities in connection with freedom movement during the period from 1919 to 1946. 5. The Madhya Pradesh (Age of Compulsory Retirement) Rules, 1966 are hereby repealed. FORM OF CERTIFICATE CERTIFIED that Shri...........S/o.......................... R/o.. .. .. .. .. .. .. .. ..was imprisoned and/or detained in connection with the freedom movement at the place, for the period and under the provisions of the law mentioned below. Place: Period: Provision of law under which imprisoned or detained: Dated the: District Magistrate. [Seal]