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June 2, 2021

Govt amends pension rules, bars security officials from publishing info after retirement

by CA Shivam Jaiswal in Circular and Notifications

Centre amends pension rules, bars security officials from publishing info after retirement

No Government servant, who has worked in any Intelligence or Security-related organization shall make any publication after retirement without prior clearance from the head of organization: Ministry of Personnel, Public Grievances & Pensions.

Ministry of Personnel, Public Grievances & Pensions

(Department of Personnel and Training)

NOTIFICATION

3611(F).—In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 14S of the Constitution and. after consultation with the Comptroller and Auditor-General of India in relation to persons saving in the Indian Audit and Accounts Department, the President hereby makes following rules further to amend the Central Civil Services (Pension) Rules, 1972 namely:-

1. Short title and commencement :-

( I )These rules may be called the Central Civil Services (Pension) Amendment Rules, 2020.

(2)   They shall come into force on the date of their publication in the Official Gazette.

In the Central Civil Services (Pension) Rules 1972 (hereinafter referred to as the said rules). in rule S. in sub-rule (3A). for clause (a)., the following clause shall be substituted, namely:-

“(a)  Without prejudice to the provisions of sub-rule (3), no Government servant, who. having worked in any Intelligence or Security-related organization included in the Second Schedule of the Right to Information Act. 2005 (22 of 2005). shall, without prior clearance from the Head of the Organization. make any publication after retirement of any material relating to and including:

(i) domain of the organization, including any reference or information about any personnel and his designation. and expertise or knowledge gained by virtue of working in that organization:

(ii) sensitive information, the disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, Strategic, scientific or economic interests of the State, or relation with a foreign State or which would lead to incitement of an offence.

3B.  The Head of the Organization shall vest with the authority to decide as to whether the proposed material for publication is sensitive or non-sensitive, and whether it falls in the domain of the organization.;

3. In the said rules, for FORM 26, the following Form shall be substituted, namely:—

“FORM 26

[See sub-rule (3A) of rule 8]

UNDERTAKING

I,____________ , who have worked in___________ (Name of organization), on the post of______ , for the period from  to ,do hereby solemnly declare that. save with the prior approval of the Competent Authority, I shall not publish in any manner, while in service or after retirement, any information or material or knowledge which is related to the domain of the organization and obtained by virtue of my working in the said organization. This declaration is notwithstanding any responsibilities and liability, in terms of the relevant conduct rules, pension rules, laws dealing with offences relating to official secrets or national security and the Intelligence Organizations (Restriction of Rights) Act, 1985 (58 of 1985), as the ant may be. I further agree that in the event of any failure of the above undertaking by me,  the decision of the Government as to whether it was likely to prejudicially affect the aspects stated above shall be binding on me.

2.  I am aware that the pension which may be granted to me after retirement in terms of the relevant pension Rules,  can be withheld or withdrawn,  in full or part,  for any failure of this undertaking given.

Signature of the Government Savant

Place :

Date  :

[F.No.270 12/2/2007-Estt( A )]

SUJATA CHATURVEDI. Addl. Secy.

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