Section 17 in The Navy (Pension) Regulations, 1964
17. [ [Substitued by S.R.O. 179, dated 31st May, 1982]
Acceptance of employment by officers who are granted pension, gratuity or other benefit-](a)Commercial employment after retirement. - If an officer who held the rank of Captain and above, whether in substantive capacity or otherwise immediately before retirement and who is granted or is likely to be granted a pension gratuity (including Death-cum-Retirement Gratuity) or other benefits in respect of his/her service in the Navy wishes to accept any commercial employment before the expiry of two years from the date of his/her retirement he/she shall obtain the prior sanction of the Government to such acceptance and no pension shall be payable to him/her if he/she accepts a commercial employment without such sanction in respect of any period for which he/she is so employed or for such longer period as the Government may direct.Provided that, such an officer who was permitted by the Government to take up a particular commercial employment during his/her preparatory to retirement or during refused leave shall not be required to obtain subsequent permission for his /her continuance in such employment after retirement.Note.1 : The expression "commercial employment" means,(a)An employment in any capacity including that of an agent under a company, cooperative society, firm or. individual engaged in trading, commercial, industrial, financial of professional business and includes also a directorship of such company and partnership of such firm, but doses not include employment under a body corporate, wholly or substantially owned or controlled by the Government.(b)Setting up practice, either independently or as a partner of a firm as adviser or as consultant in matters in respect of which the pensioner.(i)has no professional qualifications and the matters in respect of which the practice is to be set up or is carried on the relatable to his official knowledge or experience, or(ii)has professional qualification but the matters in respect of which such practice is to be set up are such as are likely to give his clients an unfair advantage by reason of his previous official position, or(c)employment where the pensioner has to undertake work involving liaison or contract with the offices or officers of the Government.Note.2: The expression "employment under a Co-operative Society" includes the holding of any office, whether elective or otherwise, such as that of President, Chairman, Manager, Secretary, Treasurer and the like, by whatever name called, in such Society.Note. 3 : The expression "date of retirement" in relation to an officer re-employed after retirement either in the same or in any other equivalent post in the Armed Forces including National Cadet Corps means the date on which the Government servant finally ceases to be so re-employed in the Defence Services.(b)Employment of officers allowed to retire prematurely at their own request. - As officer of the rank of Captain and above allowed to retire prematurely at his/her own request shall obtain the permission of the President before accepting employment, in a civil post under the Central or State Government or an Union Territory Administration/Government, or in a post under a Body corporate owned or controlled by the Government before the expiry of two years form the date his/her retirement from the Naval service. Such permission will not, however, be required if the officer had retired from Naval service in the normal course on completion of the standard service prescribed for his/her rank and if he/she had been invalided from Naval Service on grounds of ill health or physical disability.Such permission will also not be necessary in cases where due to personal reasons the officers proceeding on normal retirement are allowed to retire a few days earlier (not exceeding one month) than the due date;[17-A. Employment after retirement under a Government outside India. [Inserted by S.R.O. 139, dated 31st May, 1982]- A commissioned officer who wishes to accept any employment under any Government outside India, shall obtain the prior permission of the President for such acceptance. No pension shall be payable to a pensioner who accepts such an employment without prior permission in respect of any period as the President may direct, Gratuity where due, but not already paid, shall also be liable to be forfeited in part or in full as the President may at his discretion decide :]Provided that such an officer who was permitted by the President to take up a particular form of employment under any Government outside India during his/her leave preparatory to retirement shall not be required to obtain subsequent permission for his/her continuance in such employment after retirement.Explanation. - For the purpose of this regulation, the expression "employment under any Government outside India" includes employment under a local authority or corporation or any other institution or organisation which functions under the supervision or control of a Government outside India, "or an organisation of which Government of India is not a member." In this connection it may added that permission will not be granted for acceptance of employment under a foreign Mission India before the expiry of at least 3 years from the date an officer ceases to be in the Naval service.Section 2Service Pension
