THE CHHATTISGARH SHASKIYA SEVAK (ADHIVARSHIKI-AYU) (SANSHODHAN) ACT, 2007
[Act No. 2 of 2008] (Published in Chhattisgarh Rajpatra (Asadharan) dated 16-1-2008 Pages 20(46-48).)
[16th January, 2007]
PREAMBLE
An Act further to amend the Chhattisgarh Shaskiya Sevak (Adhivarshiki-Ayu) Adhiniyam, 1967.
Be it enacted by Chhattisgarh Legislature in the Fifty-eighth year of Republic of India as follows:--
Section 1 - Short title and commencement
(1) This Act may be called the Chhattisgarh Shaskiya Sevak (Adhivarshiki-Ayu) (Sanshodhan) Act, 2007.
(2) It shall be deemed to have come into force on the 1st day of April, 2007.
Section 2 - Amendment of Fundamental Rule 56 as substituted by Section 2 of the Chhattisgarh Act No. 29 of 1967
In Section 2 of the Principal Act, in Rule 56 of the Fundamental Rules:--
(i) In sub-rule (1), for the words "every Government servant other than a government Teacher and a Class IV Government Servant", the words "every Government Servant other than a Government Teacher, a class IV Government Servant, every member of the Chhattisgarh Public Health and Family Welfare (Gazetted) Service appointed to a medical post mentioned in Schedule I to the Chhattisgarh Public Health and Family Welfare (Gazetted) Service Recruitment Rules, 1988, every member of the Chhattisgarh Public Health (Indian Systems of Medicine and Homeopathy) (Gazetted) Service appointed to a Medical post mentioned in Schedule I to the Chhattisgarh Public Health (Indian Systems of Medicine and Homeopathy) Recruitment Rules, 1987 and every member of the Chhattisgarh Medical Education (Gazetted) Service appointed to a medical teacher post mentioned in Schedule I to the Chhattisgarh Medical Education (Gazetted) Service Recruitment Rules, 1987" shall be substituted.
(ii) In explanation to sub-rule (1-a), the words "or medical" shall be omitted.
(iii) In explanation to sub-rule (1-a), for the words "School/Collegiate/Technical/Medical" the words "Schoole/College/Technical" shall be substituted.
(iv) After sub-rule (1-b), the following shall be inserted, namely:--
"(1-c) Subject to the provisions of sub-rule (2), every member of me Chhattisgarh Public Health and Family Welfare (Gazetted) Service appointed to a medical post mentioned in Schedule I to the Chhattisgarh Public Health and Family Welfare (Gazetted) Service Recruitment Rules, 1988 and every member of the Chhattisgarh Public Health (Indian Systems of Medicine and Homeopathy) (Gazetted) Service appointed to a medical post mentioned in Schedule I to the Chhattisgarh Public Health (Indian Systems of Medicine and Homeopathy) Recruitment Rules, 1987 shall retire from service on the afternoon of the last day of the month in which he attains the age of 62 years:
Provided that a member of the Chhattisgarh Public Health and Family Welfare (Gazetted) Service appointed to a medical post mentioned in Schedule I to the Chhattisgarh Public Health and Family Welfare (Gazetted) Service Recruitment Rules, 1988 and a member of the Chhattisgarh Public Health (Indian Systems of Medicine and Homeopathy) (Gazetted) Service appointed to a medical post mentioned in Schedule 1 to the Chhattisgarh Public Health (Indian Systems of Medicine and Homeopathy) Recruitment Rules, 1987 whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of sixty two years.
Explanation.--For the purpose of this sub-rule "a member of the Chhattisgarh Public Health and Family Welfare (Gazetted) Service" and "Chhattisgarh Public Health (Indian Systems of Medicine and Homeopathy) (Gazetted) Service" means a Government servant by whatever designation called, appointed as Medical Officer or Specialist in accordance with the recruitment rules and shall also include such Medical Officer or Specialist who is appointed to an administrative post by promotion or otherwise and who has served as Medical Officer or Specialist for not less than twenty years provided he holds a lien on a post in concerned Chhattisgarh Public, Health and Family Welfare (Gazetted) Service or Chhattisgarh Public Health (Indian Systems of Medicine and Homeopathy) (Gazetted) Service.
(1-d) Subject to the provisions of sub-rule (2), a member of the Chhattisgarh Medical Education (Gazetted) Service (excluding General Duty Medical Officer, Assistant Superintendent of Teaching Hospital and Dental Surgeon) appointed to a medical teacher post mentioned in Schedule I to the Chhattisgarh Medical Education (Gazetted) Service Recruitment Rules. 1987 shall retire from service on the afternoon of the last day of month in which he attains the age of sixty five years:
Provided that General Duty Medical Officer, Assistant Superintendent of Teaching Hospital and Dental Surgeon of the Chhattisgarh Medical Education (Gazetted) Service shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty two years and if their date of birth is the first of a month then they shall retire from service on the afternoon of the last day of the preceding month on attaining the age of sixty two years:
Provided further that a member of the Chhattisgarh Medical Education (Gazetted) Service (excluding General Duty Medical Officer, Assistant Superintendent of Teaching Hospital and Dental Surgeon) appointed to a medical teacher post mentioned in Schedule I to the Chhattisgarh Medical Education (Gazetted) Service Recruitment Rules, 1987 whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of sixty five years:
Provided further that the benefit of this Act shall not be available in case of death (Doctor or Medical teachers) occurred during the period in between 1st April 2007 and date of publication of this Act.
Explanation.--For the purpose of this sub-rule "a member of the Chhattisgarh Medical Education (Gazetted) Service" means a Government servant by whatever designation called, appointed for the purpose of teaching in Government Medical College, in accordance with the recruitment rule applicable to such appointment and shall also include the medical teacher who is appointed to an administrative post by promotion or otherwise and who has been engaged in teaching for not less than twenty years provided he holds a lien on a post in concerned Medical Education Service."
Section 3 - Repeal
Chhattisgarh Shaskiya Sevak (Adhivarshiki-Ayu) (Sanshodhan) Adhyadesh, 2007 (No. 5 of 2007) is hereby repealed.
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