10. Commercial and private employment after retirement.
(1)If a pensioner to whom this rule applies wishes to accept any employment, whether commercial or private, before the expiry of two years from the date of his retirement or any employment under a Government outside India at any time, he should obtain the previous sanction of the Government to such acceptance.(2)Subject to provisions of sub-rule (3), the Government may, by order in writing on an application made by a pensioner grant, subject to such conditions, if any, as it may deem necessary permission, or refuse permission for reasons to be recorded in the order, to such pensioner to take up the commercial/private employment specified in the application.(3)If any pensioner takes up any commercial/private employment at any time before the expiry of two years from the date of his retirement without the prior permission of the Government or commits a breach of any condition subject to which permission to take up any commercial/private employment has been granted to him under this rule, it shall be competent for the Government to declare by order in writing and for reasons to be recorded therein that he and also be entitled to the whole or such part of the pension and for such period as may be specified in the order.(4)The rules shall to all pensioners who immediately before retirement were [gazetted] [Rule 10(4) for the word 'gazetted' occurring in two places, the words 'self drawing' substituted - G.O.Ms.No.il8, Finance (Pension) Department, dated 14-03-1997.] self drawing officers under the rule-making control of the Government or were on leave preparatory to retirement and would have held [gazetted] [Rule 10(4) for the word 'gazetted' occurring in two places, the words 'self drawing' substituted - G.O.Ms.No.il8, Finance (Pension) Department, dated 14-03-1997.] self drawing posts but for proceeding on such leave.(5)For the purposes of this rule employment under a Government outside India shall includes employment under a local authority or corporation or any other institution or organization which functions under the supervision or control of a Government outside India.Note. - (1) No officer on leave preparatory to retirement should be permitted except for very special reasons to accept any employment until such leave expires and he enters on pensions.Note. - (2) In the case of a pensioner who is re-employed under the Government the period of two years shall be reckoned from date of termination of his re-employment.Note. - (3) In this rule "commercial employment" means a employment in any capacity, including that of an agent, under a company, co-operative society, firm or individual engaged in trading, commercial, industrial, financial or professional business and includes also a directorship of such company and a partnership of such firm and also include employment under a body corporate owned or controlled by Government.Explanation I. - Employment under co-operative society shall include die 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 a society.Explanation II. - For the purpose of this rule, commercial employment shall also include setting up practice, either independently or as a partner of a firm, as adviser or- consultant in matter in respect of which a retired Government servant.(i)has no professional qualifications and the matter in respect of which the practice is to be set up or is carried on are 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(iii)has to undertake work involving liaison or contract with the offices or officers of the Government. -Chapter - III Qualifying Service
