Section 43 in The Central Reserve Police Force Rules, 1955
43. Superannuation .- [(a) Retirement of a member of the Force shall take effect from the afternoon of the last day of the month in which such member attains the [age of 57 years]. In case, the date of birth of a member of the Force falls on the first day of a month, his retirement shall take effect from the afternoon of the last day of the month preceding the month in which the member of Force attains the [age of 57 years] [Substituted by G.S.R. 272(E), dated 25.5.1998 (w.e.f. 26.5.1998). ].]
(b)[ The provisions of clause (a) shall not be applicable to a member of the Force who is on extension in service on the date of coming into force of the Central Reserve Police Force (Amendment) Rules, 1998:] [Substituted by G.S.R. 272(E), dated 25.5.1998 (w.e.f. 26.5.1998). ]Provided further in all such cases prior approval of the Government in the case of superior officers, of the Inspector-General in the case of Subordinate as well as the Under Officers and of the Deputy Inspector-General in the case of other Members of the Force except enrolled followers in whose case approval of the Commandant shall be obtained.(c)[ Notwithstanding anything contained in this rule--(i)the appointing authority shall, if it is of opinion that it is in the public interest to do so, have absolute right to retire any member of the Force who has attained the age of 50 years or put in 25 years of qualifying service, by giving him notice of not less than three months in writing or three months pay and allowance in lieu of such notice,(ii)any member of the force, may, by giving notice of not less than three months in writing to the appointing authority, retire from service after he has attained the age of 50 years or put in 25 years of qualifying service.(d)(i)any member of the Force who has put in not less than 20 years of qualifying service may, by giving notice of not less than three months in writing to the appointing authority, retire from service voluntarily and unless the exigencies of service require otherwise, he shall be permitted to retire.(ii)the benefit of retiring person shall be admissible to members of the Force retiring under clause (i) ;(iii)[ a notice of less than three months may also be accepted by the appointing authority in appropriate cases on the condition that the Government servant shall not apply for commutation of a part of his pension before the expiry of the period of notice of three months;](iv)a notice of voluntary retirement may be withdrawn with the approval of the appointing authority, provided the request for such withdrawal is made before the expiry of the period of notice;(v)before a member of the Force gives notice of voluntary retirement with reference to this sub-rule, he should satisfy himself by means of a reference to the appropriate administrative authority that he has, in fact completed 20 years of service qualifying for pension;(vi)a notice to retire voluntarily under clause (i) after completion of 20 years of qualifying service shall require acceptance by the appointing authority if the date of retirement on the expiry of the period notice would be earlier than the date on which the member of the Force concerned could have retired under sub-rule (a) . Such acceptance may be generally given in all cases except where-(a)any disciplinary proceedings are pending or contemplated against the member of the Force concerned for the imposition of a major penalty and the disciplinary authority, having regard to the circumstances of the case, is of the view that the imposition of the penalty of removal or dismissal from the service would be warranted in the case; or(b)any prosecution is contemplated or may have been launched in a Court of law against the member of the Force concerned:Provided that--(i)in cases, referred to in item (a) and item (b) above, approval of the Government in the case of Superior Officers, of the Inspector-General in the case of Subordinate and under officers, of the Deputy Inspector-General in the case of other members of the Force except enrolled followers and of the Commandant in the case of enrolled followers shall be obtained;(ii)in other cases, acceptance by the appointing authority may be presumed and the retirement of the member of the Force concerned may take effect in the terms of the notice, unless the appointing authority passes an order to the contrary before the expiry of the period of notice;[* * *] [Clauses (vii) and (viii) omitted by G.S.R. 690, dated 11.7.1985. ](ix)the weight age admissible under [clause (i) of sub-rule (e)] [Substituted by G.S.R. 690, dated 11.7.1985. ] shall only be an addition to the qualifying service for purpose of pension and gratuity, but shall not entitle the member of the Force retiring voluntarily to any notional fixation of pay for purpose of determining the pension and gratuity based on the actual emoluments calculated with reference to the date of retirement.](e)[ (i) the qualifying service as on the date of intended retirement of a member of the force retiring under rule 43(c) (ii) or rule 43(d) (i) with or without permission shall be increased by the period not exceeding five years, subject to the conditions that the total qualifying service rendered by him does not in any case exceed thirty three years and it does not take him beyond the date of superannuation.(ii)The weightage of five years under clause (i) shall not be admissible in cases of those members of the Force who are prematurely retired in the public interest under rule 43(c) (i) .]Explanation I .-"Qualifying service" means service rendered while on duty or otherwise, which shall be taken into account for the purpose of pension or gratuity admissible under the retirement rules.Explanation II .-In computing the period of three months of notice referred to in sub-rules (c) and (d) , the date of service of the notice and the date of its expiry shall be excluded.
