Section 9 in The Khadi And Village Industries Commission Employees (Pension) Regulations, 1984
9. Commercial employment after retirement.
(1)If a pensioner who, immediately before his retirement was holding a group 'A' (Class-I) post under the Commission wishes to accept any commercial employment before the expiry of 2 years from the date of his retirement, he shall obtain the previous sanction of the Commission to such acceptance;Provided that an employee of the Commission who was permitted by the Commission to take up such employment during his leave preparatory to retirement or refused leave shall not be required to obtain subsequent permission for his continuation in such employment after retirement.(2)Subject to the provisions of sub-regulation (3) the Commission may, by an order in writing, on an application made by the pensioner, grant, subject such conditions if any, as it may deem necessary, permission, or refuse, for reasons to be recorded in the order, permission to such pensioner to take up such employment specified in the application.(3)In granting or refusing permission under sub-regulation (2) to a pensioner for taking up any such employment, the Commission shall have regard to the following factors, namely :(a)the nature of the employment proposed to be taken up and antecedents of the employer;(b)whether his duties in the employment which he proposes to take up might be such as to bring him in conflict with the Commission;(c)whether the pensioner while in service had any such dealings with the employer under whom he proposes to seek employment as it might afford a reasonable basis for the suspicion that such pensioner had shown favours to such employer;(d)whether the duties of the Commercial employment proposed involve liaison or contract work with the Commission;(e)whether his commercial duties will be such that his previous official position or knowledge of experience under the Commission could be used to give the proposed employer an unfair advantage.(f)the emoluments offered by the proposed employer; and(g)any other relevant factor.(4)Whether within a period of 60 days of the date of the receipt of an application under Sub-regulation (3), the Commission does not refuse to grant permission applied for or does not communicate the refusal to the applicant, the Commission shall be deemed to have granted the permission applied for.(5)Where the Commission grants the permission applied for subject to any conditions or refuses such permission, the applicant may, within 30 days of the receipt of the order of the Commission to that effect make a representation against any such condition or refusal and the Commission may make such orders thereon as it deems fit :Provided that no order other than an order can celling such condition or granting such permission without any conditions shall be made under this sub-regulation without giving the pensioner making the representation an opportunity to show cause against the order proposed to be made.(6)If any pensioner takes up any commercial employment at any time before the expiry of two years from the date of his retirement without the prior permission of the Commission, or commission breach of any condition subject to which permission to take up any commercial employment has been granted to him under this regulation, it shall be competent for the Commission to declare by order writing and for reasons to be recorded therein should not be entitled to the whole or such part of pension and for such periods as may be specified the order:Provided that no such orders shall be made without giving the pensioner concerned an opportunity showing cause against such declaration :Provided further that in making any order under sub-regulation, the Commission shall have regard the following factors, namely :(i)the financial circumstances of the pensioner concerned;(ii)the nature of, and the emoluments from the commercial employment taken up by the pensioner concerned ; and(iii)any other relevant factor.(7)Every order passed by the Commission under his regulation shall be communicated to the pensioner concerned.(8)In this regulation(a)the expression "commercial employment" means :(i)an employment in any capacity including that of an agent or on honorarium under a Company, co-operative Society, a society registered under Registration of Society's Act, 1960 or any other law, for the time being in force in any state, firm or individual engaged in trading, commercial, industrial, financial, or professional business Khadi and Village Industries activities and includes also a Directorship of such company and partnership of such firm, but does not include employment under a body corporate wholly or substantially owned or controlled by the Central Government or a State Government.Setting up practice either independently or as a partner of a firm, as adviser or consultant in matters in respect of which the pensioner,(a)has no professional qualifications and the matters in respect of which the practice is to be set up or is carried on are related to his official knowledge or experience, or(b)has professional qualification but the matter 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)has to undertake work involving liaison or contract with the offices or officers of the Commission.Explanation. - For the purpose of this clause, the expression "employment under a Co-operative Society or a society registered under Societies Registration Act, 1960 or any other law for the time being in force in any state" includes 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.In the case of re-employed pensioners the date of retirement for the purpose of this regulation shall be the date on which employees of the commission finally cease to be so re-employed in Commission's service.Note. - Retired Group 'A' (i.e. Class-I) Officers to furnish half-yearly declaration about accept of commercial employment, - Retired Group A' (Le. Class-I) Officers are required to furnish half-yearly a declaration in the prescribed form about acceptance non-acceptance of commercial employment within two years from the date of their retirement and also about acceptance non-acceptance of any employment under any Government outside India.In cases where the commercial employment under a Government outside India has been accepted within two years from the date of retirement without obtaining Commission's approval, the Chief Accounts Officer will seek Commission's orders before making further pension payments.Non-Employment DeclarationI declare that I have/have not accepted commercial employment after obtaining/without obtaining sanction of the Commission.I declare that I have/have not accepted any employment under any Government outside India after obtaining/without obtaining sanction of the Commission.Place :date :Signature ....................................................Name of Pensioner .......................................P.P.O. No ...........................................................To be furnished by Commission's Group A (Class-I Officers during first two years from the date of retirement.
