Amendment in Pension Rules to withhold pension for Publishing Sensitive Information

Rules to withhold pension for Publishing Sensitive Information : No Government servant, who, having worked in any Intelligence or Security-related organisation included in the Second Schedule of the Right to Information Act, 2005 (22 of 2005), shall, without prior clearance from the Head of the Organisation, make any publication after retirement, of any material relating to and including 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.

Rules to withhold pension for Publishing Sensitive Information

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel And Training)

NOTIFICATION

New Delhi, the 31st May, 2021

G.S.R. 360(E).—In exercise of the powers conferred by the proviso to article 309 and clause (5) of article
148 of the Constitution and, after consultation with the Comptroller and Auditor-General of India in relation to persons serving 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 :- (1)These rules may be called the Central Civil Services (Pension) Amendment Rules, 2021.

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

2. In the Central Civil Services (Pension) Rules 1972 (hereinafter referred to as the said rules), in rule 8, 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 organisation included in the Second Schedule of the Right to Information Act, 2005 (22 of 2005), shall, without prior clearance from the Head of the Organisation, make any publication after retirement, of any material relating to and including:

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

(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 Organisation 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 organisation), 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 1s related to the domain of the organisation and obtained by virtue of my working in the said organisation. This declaration is notwithstanding my 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 Organisations (Restriction of Rights) Act, 1985 (58 of 1985), as the case 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 Servant

Place:
Date: ”

[F.No.27012/2/2007-Estt(A)]
SUJATA CHATURVEDI, Addl. Secy.

Note :- The principal rules were published in the Gazette of India, Part-II, Section 3, Sub-section (4) vide number S. O. 934, dated the 1st April, 1972 and subsequently amended

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