Railway Services (Pension) Rules: RBE No.117/2007 – Amendment
No.E(G)2007/EM1/1, dated 09.09.2007
Sub: The Railway Services (Pension) Amendment Rules, 2007.
S.O.723(E):- In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules further to amend the Railway Services (Pension) Rules, l993, namely:-
1. (1) These rules may be called the Railway Services (Pension) Amendment Rules. 2007.
(2) They shall be deemed to have come into force from the 23rd day of November, 2006.
2. In the Railway Services (Pension) Rules, 1993:-
(A) In rule 11–
(i) in sub-rule (1)-
(a) for the words “two years”, the words “one year” shall be substituted;
(b) for the word and figures “Form 18”, the word and figure “Form 1” shall be substituted;
(ii) for sub-rule (3), the following sub-rule shall be substituted, namely:-
“(3) In granting or refusing permission under sub-rule (2) to a pensioner for taking up any commercial employment, the Government shall have regard to the following factors, namely:-
(a) Whether a ‘No Objection’ for the proposed post retirement commercial employment has been obtained from the cadre controlling authority and from the office where the officer retired.
(b) Whether the officer has been privy to sensitive or strategic informarion in the last three years of his service which is directly related to the areas of inrerest or work of the organisation which he proposes to join or the areas in which he proposes to practice or consult.
(c) Whether there is conilict of interest between the policies of the office he has held in the last three years and the interest represented or work undertaken by the organisation he proposes to join.
Explanation:- For the purposes of this clause, “conflict of interest” shall not include normal economic competition with the Government or its undertakings.
(d) Whether the organisation he proposes to join has been known to be in any way in conflict with or prejudicial to India’s foreign relations, national security and domestic harmony, and whether the organisation is undertaking any activity for intelligence gathering.
(e) Whether service record of the officer is clear, particularly with respect to integrity and dealings with non-Govemment organisations.
(f) Whether the proposed emoluments and pecuniary benefits are far in excess of those currently prevailing in the industry.
Explanation:- For the purposes of this clause, the words “far in excess” shall not be construed as to cover increase in such benefit that may be as a result of buoyancy in industry or in the economy as a whole.
(g) Any other relevant factor.”;
(iii) in sub-rule (6), for the words “Two years”, the words “one year” shall be subslituted;
(B) in FORM 1–
(i) in the heading, for the words “TWO YEARS”, the words “ONE YEAR” shall be substituted;
(ii) in serial number 7, for clause (c), the following clause shall be substituted, namely:-
“(c) Whether the officer had, during the last three years of his official career, any dealings with the firm or company or Co-operative Society, etc.”;
(iii) for serial number and the entries relating thereto, the following serial number shall be substituted, namely:-
“9. Declaration:-
I hereby declare that-
The employment, which I propose to take up will not involve activities prejudicial to india’s foreign relations, national security and domestic harmony. It will not involve conflict of interest with the policies of the office held by me during the last three years; and the interest represented or work undertaken by the organisation I propose to join will not bring me into conflict with the working of the Government.
(b) I have not been privy to sensitive or strategic information in the last three years of service, which is directly related to the areas of interest or work of the organisation that I propose to join or to the areas in which I propose to practise or consult.
(c) My service record is clear, particularly with respect to integrity and dealings with non-Government Organisation.
(d) I agree to withdraw from the commercial employment in case of any objection by the Government.
Address …………………………
Place ……………………………..
Dated ……………………………
Signature of applicant”
EXPLANATORV MEMORANDUM
1. The Railway Services (Pension) Rules, 1993 came into force on the 3rd December, 1993.
2. In order to maintain uniformity with the Department of Personnel and Training’s Notification on the issue published in the Gazette of India, vide number S.O. 723 (E), dated the 23rd November, 2006, this notification is given retrospective effect from the 23rd November, 2006.
3. The amendments to the said rules with retrospective effect will not adversely affect the interest of any person.
Download Railway Board Circular RBE No.117/2007
Forward reference ⇒ RBE No.44/2012,