(M.P. Act
No. 29 of 1967) [22nd December, 1967] Received
the assent of the Governor on the 22nd December, 1967; assent first published
in the "Madhya Pradesh Gazette (Extra-ordinary)", dated 23rd
December, 1967. An Act to
provide for the age of superannuation of Government servants in the State of
Madhya Pradesh and for certain matters connected therewith. Be it
enacted by the Madhya Pradesh Legislature in the Eighteenth Year of the Republic
of India as follows :- This Act
may be called the Madhya Pradesh Shaskiya Sevak (Adhivarshiki-Ayu) Adhiniyam,
1967. For Rule 56
of the Fundamental Rules applicable to the State of Madhya Pradesh as
substituted by Section 3 of the Madhya Pradesh Shaskiya Sevak Anivarya Seva
Nivritti Ka Vidhi Manyatakaran Adhiniyam, 1967 (No. 5 of 1967) (hereinafter
referred to as 'the said Act') the following Rule shall be substituted, namely
:- [1][F.R.
56. Age of Superannuation. ? (1)
Subject to the provisions of sub-rule
(2) [every Government servant other than a Government Teacher, a Class IV
Government servant, every member of the Madhya Pradesh Public Health and Family
Welfare (Gazetted) Service appointed to a medical post mentioned in Schedule I
to the Madhya Pradesh Public Health and Family Welfare (Gazetted) Service
Recruitment Rules, 1998 and every member of the Madhya Pradesh Medical
Education (Gazetted) Service appointed to a Medical Teacher post mentioned in
Schedule I to the Madhya Pradesh Medical Education (Gazetted) Service
Recruitment Rules. 1997] shall retire from
service on the afternoon of the last day of the month in which he attains the
age of sixty years : Provided
that a Government servant 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. [2][(1-a)
Subject to the provisions of sub-rule (2), every Government Teacher shall
retire from service on the afternoon of the last day of the month in which he
attains the age of sixty two 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 two years. Explanation :-
For the purpose of this sub-rule "Teacher" means a Government servant
by whatever designation called, appointed for the purpose of teaching in
Government Educational Institution including technical [3][*
* *] educational institutions, in
accordance with the recruitment rules applicable to such appointment and shall
also include the teacher who is appointed to an administrative post by
promotion or otherwise and who has been engaged in teaching for not less than
twenty years provided he holds a lien on a post in the concerned School/
Collegiate/Technical [4][* * *] Education service.] [5][(1-b)
Subject to the provisions of sub-rule (2), every Class IV Government Servant
shall retire from the service on the afternoon of the last day of the month in
which he attains the age of sixty two years : Provided that a Class IV
Government Servant 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 two years.] [6][(1-c)
Subject to the provisions of sub-rule (2), every member of the Madhya Pradesh
Public Health and Family Welfare (Gazetted) Service appointed to a medical post
mentioned in Schedule 1 to the Madhya Pradesh Public Health and Family Welfare
(Gazetted) Service Recruitment Rules, 1988, shall retire from service on the
afternoon of the last day of the month in which he attains the age of 62 years
: Provided that a member of
the Madhya Pradesh Public Health and Family Welfare (Gazetted) Service
appointed to a medical post mentioned in Schedule I to the Madhya Pradesh
Public Health and Family Welfare (Gazetted) Service Recruitment Rules, 1988
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
two years. Explanation :-
For the purpose of this sub-rule "a member of the Madhya Pradesh Public
Health and Family Welfare (Gazetted) Service" means a Government Servant
by whatever designation called, appointed as Medical Officer or Specialist in
accordance with the recruitment rules and shall also include such Medical
Officer or Specialist who is appointed to administrative post by promotion or
otherwise and who has served as Medical Officer or Specialist for not less than
twenty years provided he holds a lien on a post in concerned Madhya Pradesh
Public Health and Family Welfare (Gazetted) Service. (1-d)
Subject to the provisions of sub-rule (2), a member of the Madhya Pradesh
Medical Education (Gazetted) Service (excluding General Duty Medical Officer,
Assistant Superintendent of Teaching Hospital and Dental Surgeon) appointed to
a medical teacher post mentioned in Schedule I to the Madhya Pradesh Medical
Education (Gazetted) Service Recruitment Rules, 1987 shall retire from service
on the afternoon of the last day of the month in which he attains the age of 65
years : Provided that General Duty
Medical Officer, Assistant Superintendent of Teaching Hospital and Dental
Surgeon of the Madhya Pradesh Medical Education (Gazetted) Service shall retire
from service on the afternoon of the last day of the month in which he attains
the age of 62 years and if their date of birth is the first of a month then
they shall retire from service on the afternoon of the last day of the preceding
month on attaining the age of 62 years : Provided further that a
member of the Madhya Pradesh Medical Education (Gazetted) Service (excluding
General Duty Medical Officer, Assistant Superintendent of Teaching Hospital and
Dental Surgeon) appointed to a medical teacher post mentioned in Schedule I to
the Madhya Pradesh Medical Education (Gazetted) Service Recruitment Rules, 1987
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
five years. Explanation :-
For the purpose of this sub-rule "a member of the Madhya Pradesh Medical
Education (Gazetted) Service" means a Government Servant by whatever
designation called, appointed for the purpose of teaching in Government Medical
College, in accordance with the recruitment rule applicable to such appointment
and shall also include the medical teacher who is appointed to an
administrative post by promotion or otherwise and who has been engaged in
teaching for not less than twenty years provided he holds a lien on a post in
concerned Medical Education Service]. (2)
[7][(a)
A Government servant may, in the public interest, be retired at any time after
he has completed 20 years qualifying service, or he attains the age of fifty
years, whichever is earlier, without assigning any reason by giving him a
notice in writing.] (b) The period
of such notice shall be three months : Provided
that such Government Servant may be retired forthwith and on such retirement
the Government Servant shall be entitled to claim a sum equivalent to the
amount of his pay plus allowances for the period of the notice at the same
rates at which he was drawing them immediately before his retirement or, as the
case may be, for the period by which such notice falls short of three months.] For
sub-rule (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 :- (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 Rule')
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 (2) of the
Madhya Pradesh Judicial Services (Classification, Recruitment and Conditions of
Service) 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. [8][(1-A) With regard to the age of compulsory retirement the
permanent District and Sessions Judges shall be governed by the provisions of
Fundamental Rule 56 as substituted by Section 2 of the Madhya Pradesh Shaskiya
Sevak (Adhivarshiki-Ayu) Adhiniyam, 1967 (No. 29 of 1967) as amended from time
to time.] [9][* *
*] [10]* *
*] [11][Schedule] [1] Substituted by M.P. Act No. 21 of 1998
(w.e.f. 31-5-1998). [2] Inserted by M.P. Act No. 27 of 1998
(w.e.f. 7-8-1998). [3] Omitted by M.P. Act No. 7 of 2007
(w.e.f. 1 -1 -2007). [4] Omitted by M.P. Act No. 7 of 2007
(w.e.f. 1 -1 -2007). [5] Inserted by M.P. Act No. 13 of 1999
(w.e.f. 18-9-1998). [6] Inserted by M.P Act No. 7 of 2007
(w.e.f. 1-1-2007). [7] Substituted by M.P. Act No. 19 of 2000
(w.e.f. 1-1 -2000). [8] Substituted by M.P. Act No. 4 of 1972. [9] Omitted by M.P. Act No. 4 of 1972. [10] Omitted by M.P. Act No. 4 of 1972. [11] Omitted by M.P. Act No. 4 of 1972.Madhya Pradesh Shaskiya Sevak (Adhivarshiki-Ayu) Adhiniyam,
1967