The Nagaland Retirement from Public Employment Act, 1991

(1) This Act rliay be called the Nagaland Retirement from Public Employment Act, 1991. (2) It extends to the whole of the State of Nagaland. (3) It -shall be deemed to have come into force with effect from the 18th June, 2991.

In this Act, unless there is' anything repugnant in the subject or context : - (1) "Public Employment" mean appnintment to any pensionable State Public Sewice or posts connec- tion with the afFairs of the State of Nagaland and the Nagaland Legislative Assembly and includes any appointment under the Government of India, any other State Government, Central or State Public Sector under taking and local authority held by persuns prior to their absorption under the Public Service of the State of Nagaland and the Nagaland Legislative Assembly which counts for the purpose af pension.

(1) Notwithstanding anything contained in any ruJe or orders for the time being in force, a person in public employment shall hold office for a term of thirtythree years from the date of his joining public employment or until he attains the age of fiftyseven years whichever is earlier : Pruvided that in special circumstances, a person under public employment may be granted extension by the State Government upto a maximum of one year; Provided fclrther that the Government may have the cases of all persons under public employment screened from time to time to deternlir~e their suitability for continuation in public employment after the attainment of the age of fifty years. (2) All persons under public employment shall retire on the afternoon of the last day of the month in which he attains the age of fiftyseven years or on completion of thirtythree years of pubIic'ernploy- ment whichever is earlier. (3) Notwithstanding anything contained herein, the appropriate authority shall, if it is of the opinion that it is in the public interest so to do, have thc absoIute right to retire any person under public employment who has attained the age of fifty years by giving him notice of three months in writing or three months pay and allowances in Iieu of such notice: (4) If on areview of the case eitheron arepresentation horn the person in public employment who is retired prematurely or otherwise, it is decided to reinstate him in service, the authority ordering reinstatement may regulate the intervening period between the date of premature retirement and the date of reinstatement by the grant of leave of the kind d ~ e and admissible, including extraor- dinary leave, 01. by treating it as dies non depending upon the facts and circumslances of the case: Provided that the intervening period shall he treated as a period spend on duty for all purposes including pay and allowances, if it is specifically held by the autl~ority ordering reinsta ternent that the premature retirement was itself not justified in the circumstances of the case, or, if the order of premature retirement is set aside by a Court of Law. ( 5 ) Any person in public employment may by giving notice nf not less than one month in writing to the appropriate authority retire from service after he bas attained the age of fifty years or has pui in not less than twenty years of public employment Provided that it shall be open to the appropriate authority to withhold permission to retire under this Sub-Section.

The State Government may, by nutificarions in Ihe Nagaland Gazette, make rules for carrying out the purposes of this Act.

(1) If any difficulty or dvubt arises in giving effect to the provisions of chis Act, the State Government may, by order publish in the Nagaland Gazette, make such provisions, not inconsistknt wit11 the purposes of this Act as app'ears to it to be necessary or expedient for the removal of the difficulty or doubt and the order of the State Government in such cases shall be final. (2) Every order made undei this Section shall be Iaid as soon as may be after i~ is ~nade, before the Assembly. In case the Assembly agree in maliing any modification in the order or rhe As- sembly agree that the order should not be made, the order shall thereafter have effect otlly in such modified form or be of no effect as the case may be, so however, that any such modification or annulment shall he without p;rcjudice to the validity of anything previously done under that order.

(1) All Rules and Orders made under the proviso to Article 309 and Article 187 of the Corlstitufi~n of India or contained under .Article 372 thereof made under any nther law fur the time being in force, governing the recruitment and conditions of service under public employment at the com- mencement of this Act shall in so far as they are not inconsistent with the provisions of this Act continue to be in force as if they were made under this Act until they are amended under this Act. (2) The Nagaltltld Retiren~ent from Public Employ- ment Ordinance, 1991 (Ordinance No. I of 1991) is hereby repealed. (3) Notwithstanding such repeal anything dnne or any actiorl taken including any ordcr- ruarle, norifica- tions issued nr directioos given under the Or- dinance so repealed shaII be deemed to have been ' done, taken, made, issued or given, as the case may be, under the provisions of this Act.