Section 5A in All India Services (Death-Cum-Retirement Benefits) Rules, 1958
5A. [ Permanent Absorption of Members of the Service in or under a Corporation, Company or body. [Amended vide DP &AR Notification No. 25011/46/76-AIS(II) dated 28.03.1978 (GSR No. 450 dated 08.04.1978).]
(1)Notwithstanding anything contained in Rule 5, a member of the Service, who has been permitted by the Central Government to be absorbed in service or post in or under a corporation or company wholly or substantially owned or controlled by the Central Government or under a body controlled or financed by the Central Government, shall be deemed to have retired from Service from the date of such absorption and shall be eligible to retirement benefits in accordance with the orders issued by the Central Government in respect of officers of Central Civil Services Group 'A'.](2)[] [Deleted vide DOP&T Notification No. 25011/4/2000-AIS(II) dated 18.01.2002 (GSR No. 49(E) dated 18.01.2002.)](3)[ A member of the Service referred to in sub-rule (1) shall not be governed by the provisions of rule 22 [omitted] [Inserted vide 25011/7/50/78-AIS(II) dated 1st May, 1980 (GSR 545, dated 17.05.1980)], if his family is entitled to family pension under the rules of the organization in which he is permitted to get absorbed permanently.][6 Recovery from pension. [Substituted vide MHA Notification No. 29/7/63-AIS(II) dated 25th March, 1964.](1)The Central Government reserves to itself the right of withholding a pension or [gratuity], or both, either in full or in part, whether permanently or for a specified period, and of ordering recovery from pension or gratuity of the whole or part of any pecuniary loss caused to the Central or a State Government, if the pensioner is found in a departmental or judicial proceedings to have been guilty of grave misconduct or to have caused pecuniary loss to the Central or a State Government by misconduct or negligence, during his service, including service rendered on re-employment after retirement:[Provided that no such order shall be passed without consulting the Union Public Service Commission:] [Inserted vide DP &AR Notification No. 25011/22/82-AIS(II) dated 16.7.83. (GSR No. 557 dated 30.0719.83)]Provided further that-(a)such departmental proceeding, if instituted while the pensioner was in service, whether before his retirement or during his re-employment, shall, after the final retirement of the pensioner, be deemed to be a proceeding under this sub-rule and shall be continued and concluded by the authority by which it was commenced in the same manner as if the pensioner had continued in service.(b)such departmental proceeding, if not instituted while the pensioner was in service, whether before his retirement or during his re-employment;(i)shall not be instituted save with the sanction of the Central Government ;(ii)shall be in respect of an event which took place not more than four years before the institution of such proceedings; and(iii)shall be conducted by such authority and in such place or places as the Central Government may direct and in accordance with the procedure applicable to proceeding on which an order of dismissal from service may be made;(c)such judicial proceeding, if not instituted while the pensioner was in service whether before his retirement or during his re-employment, shall not be instituted in respect of a cause of action which arose or an event which took place more than four years before such institution.]Explanation:- For the purpose of this rule(a)a departmental proceeding shall be deemed to be instituted when the charges framed against the pensioner are issued to him or, if he has been placed under suspension from an earlier date, on such date and(b)a judicial proceeding shall be deemed to be instituted-(i)In the case of criminal proceedings, on the date on which a complaint is made or a charge-sheet is submitted, to the criminal court; and(ii)in the case of civil proceedings, on the date on which the plaint is presented or, as the case may be, an application is made to a civil court.[Note-1 Where a part of the pension is withheld or withdrawn the amount of such pension shall not be reduced below the amount of rupees three thousand five hundred per mensem or at the rates provided under the corresponding rules of the Central Civil Service (Pension) Rules, 1972. [Substituted vide DOP&T Notification No. 29018/16/2013-AIS(II) (GSR 492E dated 12/07/2013).]Note-2 Where Central Government decides not to withhold or withdraw pension but orders recovery of any pecuniary loss from pension, the recovery shall not ordinarily be made at a rate exceeding one-third of the pension admissible on the date of retirement of the member of the service.](2)Where any departmental or judicial proceeding is instituted under sub-rule (1), or where a departmental proceeding is continued under clause, (a) of the proviso thereto against an officer who has retired on attaining the age of compulsory retirement or otherwise, [he shall be sanctioned by the Government which instituted such proceeding, during the period commencing from the date of his retirement to the date on which, upon conclusion of such proceeding final orders are passed, a provisional pension not exceeding the maximum pension which would have been admissible on the basis of his qualifying service upto the date of retirement, or if he was under suspension on the date of retirement, upto the date immediately preceding the date on which he was placed under suspension; but no gratuity or death-cum-retirement gratuity shall be paid to him until the conclusion of such proceedings and the issue of final orders thereon.] [Substituted vide Notification No. 25011/30/77-AIS(II) dated 10.7.78 (GSR No. 422 dated 22.7.78)][Provided that where disciplinary proceeding has been instituted against a member of the Service before his retirement from service under rule 10 of the All India Service (Discipline and Appeal) Rules, 1969, for imposing any of the penalties specified in clause (i), (ii) and (iv) of sub-rule 1 of rule 6 of the said rules and continuing such proceeding under sub-rule (1) of this rule after his retirement from service, the payment of gratuity or death-cum-retirement gratuity shall not be withheld.] [Substituted vide DP&AR Notification No. 25011/22/82-AIS(II) dated 16.7.83 (GSR No. 557 dated 30.7.83).](3)Payment of provisional pension made under sub-rule (2) shall be adjusted against the final retirement benefits sanctioned to the pensioner upon conclusion of the aforesaid proceeding, but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or the pension is reduced or withheld either permanently or for a specified period.[Note:-] [Omitted vide Notification No. 25011/13/82-AIS(II) dated 11.09.1980 (GSR No. 978 dt. 27.09.1980).]
