For rule 56 of the Fundamental Rule applicable to the State of Madhya Pradesh as substituted by section 3 of the Maclhva Pradesh Shaskiya Sewak Auivarya Sevanivritti Ka Vidhimanya takaran Adhiniyam, 1967 (5 of 1967) (hereafter referred to as the said Act), the following shall be substituted, namely :-- '·56. (1) Subject to the provisions of MadhyaPraccsh Anivarya Seva Nivritti-Ayu) Niyam, 1967 a~ specified in tl1e Schedule to the Madhya Pradesh Shaskiya Sevak (Adhivarshiki-Ayu) Adhiniyam, 1 '>C7, 1he date of compulsory retirement of a Government servant other than class lV Government servant, shall be the date on which he attains the age of 158 years.
(2) The date of compulsory retirement of Class IV Government servant shall be the elate on which he attains the age of 60 years.
2(2. Amendment of Fundamental Rule 56 as substituted by Section 2 of the Principal Act.-In section 2 of the Madhya Pradesh Shaskiya Sevak (Adhivarshiki Ayu) Adhiniyam, 1967 (No. 29 of 1967) (hereinafter referred to as the principal Act) after sub-rule (I) of Rule 56, the following sub-rule shall be inserted;
namely- (1-a) Subject to the provisions of sub-rule (3), every Government teacher shall retire from service on the after noon of the last day of the month in which he attains the age of sixty years:
Provided that a Government teacher 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 years.
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1. The age ha8 been raised to 58 years vide M.P. Act No. 9 of I 976.
2. Inserted by Act No. 35 of 1984. Published in MP. Rajpatra (Asadharan) dated 15-11-1984 Page 3065. This amendment shall be deemed to have come into i:;ffect from 5th September, 1984.
1134 Madhya Pradesh Services Manu::il [ Rr. 1-2 Exaplanat:on.-For the purpose of this sub-rule ''Teacher" means a Gover~ment _ser~ant by whatever designation called, engaged in teaching in an educat10nal mst1tution including technical or medical institutions, run by Government].
3. Amendment of the Madhya Pradesh District and Session Judgee Death-Cum-Retirement Benefits) Rufos, 1964-For sub-ruie (1) of rule 2 of the Madhya Pradesh District and Sessions Judges (Death-Cum-Retirement Benefits) Rules, 1964 as substituted by section 4 of the said Act, the following sub-rule shall be substituted, namely :-
(1) Subject to the provisions of sub-rule (!-A), the All India Services Dea~h-cum-Retirement Benefits) Rules, 1958, as amended from time to time heremafter referred to as the said Rules) shall apply mutatis mutandis to-
(a) all permanent District and Sessions Judges drawn from amongst the officers of the Judicial Service of the former State of Madhya Pradesh in the same manner as they have hitherto applied to them with effect from the 29th October, 1951 by virtue of rule 7 (2) of the Madhya Pradesh Judicial Services Classification, Recruitment and Conditions of Services) Rules, 1955;
(b) all permanent, District and Sessions Judges in the State who are drawn from amongst the officers of the Judicial Services of the former States of Madhya Bharat, Vindhya Pradesh and Bhopal, with effect from the 1st April, 1958 subject to the exercise of option as provided in rule 3 ;
(c) all other permanent District and Sessions Judges in the State not falling within clauses (a) and (b) above.
(1-A). With regard to the age of compulsory retirement the permanent, District and Sessions Judge shall be governed by the Madhya Pradesh (Anivarya Seva Nivritti-Ayu) Niyam, 1967 as specified in the Schedule to the Madhya Pradesh Shaskiya Sewak Adhivarshiki-Ayu) Adhiniyam, 1967 and the provisions of Fundamental Rule 56, as substituted by section 2 of the said Act.