10. Commercial employment after retirement:-
(1) If a pensioner who, immediately before his retirement was a
Gazetted Government servant, wishes to accept any commercial employment
before the expiry of two years from the date of his retirement, he shall obtain the previous sanction of the Government to such acceptance 1
(by submitting
an (*) application in the prescribed proforma appended to part II of these rules)
and no pension shall be payable to a pensioner who accepts a commercial
employment without such sanction in respect of any period for which he is so
employed or such longer period as the Government may direct :
Provided that a Government servant who was permitted by the
Government to take up a particular form of commercial employment during
his leave preparatory to retirement or during refused leave shall not be required
to obtain subsequent permission for his continuance in such employment
after retirement.
(2) For the purpose of this rule-
(a) the expression commercial employment means :-
(i) an 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 or such company
and partnership of such firm and includes employment under
a body corporate, wholly or substantially owned or controlled
by the Government,
(ii) 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 qualification and the matters in respect of
which the practice is to be set up or is carried on are relatable
to his official knowledge or experience, or
(b) has professional qualifications 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 contact with the
offices or officers of the Government. Explanation:-
(a) For the purpose of sub-rule (1) of this rule, “the date of
retirement” in relation to a Government servant re-employed
after retirement, without any break, either in the same or in
another Gazetted post under the State Government or in any
other equivalent post under the Central Government, shall
mean the date on which such Government servant finally
ceases to be so re-employed in Government service,
(b) For the purpose of this rule, employment under a Co-operative Society
includes the holding of any office whether elective or otherwise, such as
President, Chairman, Manager, Secretary, Treasurer and the like, by whatever
name called in such a society