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Union of India - Section

Section 40 in The Khadi And Village Industries Commission Employees (Pension) Regulations, 1984

40. Retirement on completion of 30 years qualifying service.

(1)At any time after an employee of the Commission has completed 30 years of qualifying service:-
(a)he may retire from service, or
(b)he may be required by the Commission to retire in the public interest, and in case of such retirement, the employee shall be entitled to a retiring pension :
Provided that :
(a)An employee of the Commission shall give a notice in writing to the appointing authority at least 3 months before the date on which he wishes to retire; and
(b)The Commission may also give a notice in writing to an employee of the Commission at least 3 months before the date on which he is required to retire in the public interest or 3 months pay and allowances in lieu of such notice :
Provided further that where an employee of the Commission giving notice under clause (a) of the preceding proviso is under suspension, it shall be open to the appointing authority to withhold pension to such an employee retiring under regulation.
(2)
(a)An employee of the Commission refund to in clause (a) of the first proviso the sub-regulation (1) may make a request in writing to the appointed authority to accept notice of less than 3 months giving reasons therefor.
(b)On receipt of a request under clause (a), the appointing authority may consider such request to the curtailment of the period of notice of 3 month merits and if it is satisfied that the curtailment of the period of notice will not cause any administrative inconvenience, the Commission may relax the requirement of notice of 3 months on the condition that the employee of the Commission shall not apply for commutation of a part of his pension before the expiry of the period of notice of 3 months.
(3)An employee of the Commission who elected to retire under these regulations and have given the necessary intimation to that effect to Commission, shall be precluded from withdrawn his election subsequently except with the special approval of the Commission:Provided that the request for withdrawal shall within the intended date of his retirement.