DEFENCE SERVICES REGULATIONS PENSION REGULATIONS FOR THE ARMY 1961 PART II BM'MWfS' GOVT. OF INDIA MINISTRY OF DEFENCE ( Orders issued npto and for 31-8-1960 have been incorporated in this Book ) PRINTED IN INDIA BY THE MANAGER GOVERNMENT OF INDIA PRESS NASIK ROAD AND PUBLISHED BY *HK MANAGER OF PUBLICATIONS DELHI-& 1962
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DEFENCE SERVICES REGULATIONS
PENSION REGULATIONS FOR
THE ARMY
1961
PART II
BM'MWfS'
GOVT. OF INDIA MINISTRY OF DEFENCE
( Orders issued npto and for 31-8-1960 have been incorporated in this Book )
PRINTED IN INDIA BY THE MANAGER GOVERNMENT OF INDIA PRESS NASIK ROAD AND PUBLISHED BY *HK MANAGER OF PUBLICATIONS DELHI-&
1962
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P R E F A C E
The Pension Regulations for the Army are divided into two parts as under :—
Part I—Containing regulations regulating the pensionary awards of personnel of the Regular Army, the Defence Security Corps and the Territorial Army.
Part II—Containing regulations relating to delegation of powers and pension procedure affecting the personnel whose pensions are regulated by the regulations in Part I.
2 The regulations in this Part supersede the rules in Pension Regulations for the Army in India, Part III (1940 Edition) and have been issued under the authority of the Government of India.
3 Except as otherwise provided in these Regulations or elsewhere, the regulations contained in this Part apply to personnel governed by the New Pension Code. Those who are not so governed or for whom no provision is made in these Regulations will continue to be governed by the Pension Regulations for the Army in India, Part I, II & III (1940 Edition) and other orders supplementary thereto.
4 No deviation from the regulations in this Part is permissible without the prior sanction of the Government of India.
5 Permanent orders of only general application have been incorporated in these Regulations. Sanctions haying a purely transitory interest have, however, not been included, and where such sanctions are at variance with these Regulations, the sanctions should be viewed as operative for only so long as tru,y remain in force.
6 The disposal of the rules in Pension Regulations for the Army in India, Part III (1940 Edition) and authority for each regulation in these Regulations are shown in two explanatory memoranda at the end of this part.
NEW. DELHI, The Ath April, 1961.
O. PUIXA REDDI, Secretary to the GovL of India,
Ministry of Defence.
TABLE OF CONTENTS
REGULA-F!reambte TIONS
CHAPTER I—GENERAL REGULATIONS Extent of application . 1 Delay in settlement and payment of pension to be avoided 2 Discussion of questions affecting pensionary entitlement
of an individual . .. . . . . . . 3 Cases not covered by regulations ... . . ... . 4 CHAPTER II—APPLICATIONS FOR AND GRANT OF PENSIONS AND
GRATUITIES
Section I—General When an application for pension or gratuity should be submitted S Verification of service by the Accounts Officer . . . 9 Report of the Accounts officer on applications for pension
and gratuity . • . . . . ■ . . 10 Rounding off of pensions and gratuities . * . . 11 Communication of sanction to the Accounts Officer . . 12
Section II—Officers andtheir Families Procedure for the submission and disposal of applications for
various pensionary awards . . . . . . 16 Powers to sanction various pensionary awards . . . . 17 Competent authority . . . . . . . . 18 Section HI—Junior Commissioned Officers, Other Ranks and
Non-Combatants (Enrolled) and their Families Procedure for the submission and disposal of applications for
various pensionary awards . . ■ . . . 20 Powers to sanction various pensionary awards . . . 21 Competent authority . . . . , . 22 CHAPTER III—ANTICIPATORY PENSIONS, ADVANCES OF PENSIONS,
PROVISIONAL PAYMENT OF FAMILY GRATUITY AND PENDING ENQUIRY AWARDS
Section I—Anticipatory Pensions and Provisional Payment of Family Gratuity
Sub-section II—Procedure for Speedy Payment of Family Gratuity and Finalisation of Family Pension Claims in cases of Deaths due to Flying Accidents or Parachute Jumping
Speedy payment of family gratuity and finalisation of family pension claims . . . . , . . 28
Provisional payment of family gratuity . . . . 29 Competent authority . . . . . 30 Procedure for payment . . ■< . . . . 31
' ■ . ■ ■ ■ ■ ■ ■ ■ ■ > ) . ■
<ii)
Adjustment of provisional payment . . . . .
Section 11—Junior Commissioned Officers, Other Ranks and Non-Combatants {Enrolled) and their Families
Sub-section I—Advances of Pension
Advances of service/invalid/special pensions . Advance of pension to destitute pensioners
Sub-Section II—Pending Enquiry Awards
Object and nature of pending enquiry awards
Circumstances in which pending enquiry award may be made
Amount and date of effect To whom payable . . . . . . . Procedure Payments -Termination of pending enquiry award Adjustment of pending enquiry awards . . . . Review of cases . . . . . . . .
CHAPTER IV—PAYMENT OF PENSIONS
Section I—General
Date of commencement of pension Duration of pension . . . . . Agencies for payment of pension Drawal of pensions through agents Pensioners employed/re-employed under Government Re-employed disabled pensioners Payment in respect of insane pensioners Payment of pension by money orders Attachment of pension by civil courts . Transfer of payment of pension in India Issue of supplementary instructions
Section II—Officers and their Families
Mode of payment How and by whom arrangements for payment are made Identification of pensioners Certificate regarding employment under a Government outside
India or in a commercial firm . . . . . Payment of pension in respect of deceased pensioners
Section III—Junior Commissioned Officers, Other Ranks and Non-Combatants {Enrolled) and their Families
Mode of payment . . . . . . . How and by whom arrangements for payment are made
REGULATIONS
32
PAGE
32:
36 37
41 42 43 44 45 46 47 48 49
33-33-
34 34 35-35 36 36 36. 37 38-
51 52 53 54 55 56 57 58 59 60 61
64 65 66
67 68
71 72
39" 39 39 39 40 40 40 41 41 41 41
42 42 42
4S 44
44 44
(iii) REGULA
TIONS
78
86
Identification of a pensioner. . • ' • ■ • ■ 73 Forfeiture in whole or in part of pension of a pensioner who is ,
convicted of a serious crime or is guilty of grave misconduct not of a political nature . . , . . • • 74
Forfeiture of pension of a pensioner who is convicted of a crime or is guilty of misconduct of a political nature . . . 75
Restoration of pension forfeited . - • * ■ 76 Forfeiture of disability pension Of a pensioner who does not
disclose his disability on re^employment . . . - 77 Payment of pension/gratuity in respect of deceased beneficia
ries .,. '...■. .. . •■ . . . . . . . Payment of life-time arrears of pension by money orders:. ■ 79 Payment of compassionate allowance to. the widow or child of a
Junior Commissioned Officer . . . , - * ■ 80
CHAPTER V—LIMITATION OF CLAIMS
Section I—General Claims for the initial grant of pension or allowance or
gratuity . ■ • . . . , . ; . ■ ■ , * ■ 83
Section II—Officers and their Families Special provisions for claims to pension in respect of widows 85 Claims to arrears of pension by pensioners who fail to draw their
pensions . , . . . -
Section III—Junior Commissioned Officers, Other Ranks and Non-Combatants (Enrolled) & their families
Claims for initial grant, revision and re-assessment of pension or allowance or gratuity . . . . . . - 88
Claims for counting former service for pension and gratuity . 89 Definition of "claimant" . . . " '.' - • • 9 0
Claims to arrears of pension/unpaid gratuity • • • 9 1
CHAPTER VI—RECOVERIES AND OVERPAYMENTS
Section I—General
Recovery of public claim, regimental debts and regimental claims from pension . . . . . ■ ■ 93
Mode of recovery of public claims (other than overpayments of pensions), regimental debts and regimental claims . 94
Overpayments of pension ■ 95 Powers of the Controller of Defence Accounts (Pensions) to
write off overpayments of pension . , . . 96 Overpayments indicating defective system or serious failure of
audit . ■ - ■ • ■ • • ' ^ Overpayments in India on account of erroneous grant of more
than one family pension . ■ • . . . . 100 Overpayments resulting from false certificates of widowhood
or non-marriage-recovery from pension . . . . 101
(iv)
REGULATIONS
PAGE
CHAPTER VH—PROCEDURE FOR COMMUTATION OF PENSIONS
Section I—General
Section II~Commissioned Officers including Officers of Military Nursing Service
Extent of application Age for commutation Submission of application and arrangement for medical exami
nation Medical Board's fees—By whom borne in India Form of Medical Board Report . . . . Payment of commuted value . . . . Reopening of rejected applications for commutation and pay>
tnent of fees for medical examination by a second medical Board
Recovery of Public claims from the commuted value Commutation of anticipatory/provisional pension .
106 107
108 109 110 111
112 113 114
60 60
60 61 61 62
62 63 63
APPENDICES APPENDIX
I.—List of pension paying stations in India where pensions paid from Defence Services Estimates are disbursed,
II.—Reports required for payment of advances of family gratuity in cases of deaths due to flying accidents.
HI.—List showing the frequency of payment of pension to Armed Forces pensioners other than officers and their families.
IV.—Form of application for commutation of pension
PAGE
64
121
123
124
i
.AMENDMENT TO PENSION REGULATIONS IFORiTHB «ARMY PART II (1991) ~ '
7/IV/67 .Regulation 11
Reconstruct the first sub para as follows— "Pensions and gratuities shall be calculated to the nearest multiple
■■ '.of five paise j i.e., where the exact amount works out to 2*5 paise or. more, it shall be taken to the next higher multiple of five paise, amount below 2-5 paise being disregarded".
. [A.I. 281/64]. ;■ '" :M/P(W')122ATmy— 1
C. S. No. 42/X/67
Regulation JQ
Add the following clause (e) "Whsa a pensioner is re-sxa mined by amjdical board vide Rsgulation 112, a copy of the report' of the Msdical Board which previously examined him/h;r will be forwarded by th; Controller of Difsnce Accounts (Pensions) to the Midical Bsard which is convened to examine the pensioner for the second time.''
Authority:-Mm. of Def. letter No. A/01277/AG/PS4(c)/ 1327/D(Paisions/Ssrvices) dated 4 Mar 67. Mia. of Fin (Def) u/o No. 4109-Pen of 196?.
CHAPTER I—GENERAL REGULATIONS Extent of application
Vl. Unless otherwise provided, the regulations in this part shall apply to all individuals whose pensions are regulated under Part I of these Regulations. . ■ , , _ ' ■
Delay in settlement and payment of pension to be avoided
2J$kll officers dealing with pension claims shall bear in mind that delay in the payment of pension may involve great hardship and shall do everything in their power to prevent or shorten to the utmost such delays.., ,, ,
. ( ^ K^U^i .- t s i J . » v S : » / ^ / 6 l - . ' Discussion of questions affecting pensionary entitlement of an
individual y ■■■-. _ 3. Questions affecting the pension or pensionable service of an
individual shall be considered as soon as they arise, provided a decision thereon depends on the actual circumstances of the case known at the time and not on hypothetical or abstract issues.
Cases not covered by regulation ft 4. Cases not covered by the regulations but deemed worthy of
special consideration may be submitted to the Government through 'the usual channels and the Accounts Officer concerned.
1
fa^
p*
/ •
CHAPTER II—APPLICATIONS FOR AND GRANT OF PENSIONS AND GRATUITIES SECTION I—GENERAL
When an application for pension or gratuity should be submitted 8. (a) An application for pension or gratuity shall normally be sub
mitted as soon as possible after the occun-ence of the casualty which gives rise to the claim.
(b) In order, however, to minimise as far as possible, delays in the issue of authority for payment of retiring/service pension or gratuity (disability pension in the case of T. B. patients), applications for such awards, accompanied by necessary documents, may be submitted to the Accounts Officer concerned prior to the anticipated date of transfer of the individual to the pension establishment.
(c) In the cases referred to in clause (b), the sanctioning authority may sanction the pension not more than two months before the date from which it has to take effect.
Verification of service by the Accounts Officer 9. In cases where a pension or gratuity is dependent on the length
of an individual's qualifying service, such service shall normally be verified by the Accounts Officer as follows, before reporting on a claim for pension or gratuity or sanctioning the award:—
Categories of personnel Documents to be used for verification
(s) Commissioned officers including (i) Audited Army List. officers of the Military Nursing Service.
(it) Personnel below officer rank . (ii) Sheet roll and m the case oi JCUs. also Army List ; and Gazette Notification where necessary-
(iii) Religious Teachers . . . (in) Sheet roil.
Report of the Accounts Officer on applications for pension and gratuity 10. The Accounts Officer receiving the application, after satisfy
ing himself that it is complete in all respects shall, in cases where he is not himself the sanctioning authority, submit it to the prescribed au
\ thority with an audit report upon the claim for pension, gratuity or ' allowance and the regulations applicable to the case.
® Rounding off of pensions and gratuities 11. Pensions and gratuities shall be calculated to the nearest mul
tiple of five naye paj.se; i.e., where the exact amount works out tc more than 2'5 naye paise, it shall be taken to the next higher multiple of five naye paise, amounts of and below 2-5 naye paise being disregard ed.
The above provisions also apply to the calculations of portion oi pension to be commuted and .payment of capitalised value of commut ed portion of pension.
■-X> A c * - v i . £ .-.-■■' ■ ■■■■■' - ■■~S--- .,-- ' "■
Commimication of sanction to the Accounts Officer 12. Every sanction to the grant of a pension, allowance or gratuity
shall be communicated to the Accounts Officer concerned who will arrange for its payment.
14.
15.
SECTION II—OFFICERS AND THEIR FAMILIES
Procedure for the submission and disposal of applications for various pensionary awards
16. The procedure to be followed for the submission and disposal of applications for various pensionary awards including commutation of pension shall be as laid down in Table I.
The instructions printed on the prescribed forms shall be complied with when applications are submitted. __
Powers to sanction various pensionary awards 17. Unless otherwise provided, the grant of pension, gratuity or
allowance which is admissible under the rules specified in column 2 may be sanctioned by the authorities designated in column 4 of Table JI.
Competent authority 18. The authority competent to exercise powers for the purpose
of various rules in respect of officers and their families shall be as indicated in column 4 of Table III.
19.
4
SECTION III—JUNIOR COMMISSIONED OFFICERS, OTHER RANKS ANT> NON-COMBATANTS (ENROLLED) AND THEIR FAMILIES
Procedure for the submission and disposal of applications for various pensionary awards
20. The procedure to be followed for the submission and disposal of applications for various pensionary awards shall be as laid down in Table IV.
The instructions printed on the prescribed forms shall be complied with when applications are submitted.
Powers to sanction various pensionary awards 21. Unless otherwise provided, the grant of a pension, gratuity
or allowance which is admissible under the regulation specified in column 2 may be sanctioned by the authorities designated in column 4 of Table V.
Competent authority 22. The authorities competent to exercise powers for the purpose
of various regulations in respect of Junior Commissioned Officers, Other Ranks and Non-Combatants (Enrolled) and their families shall be as. indicated in column 4 of Table VI.
23.
24.
25.
"s>
Nature of claim
1 Retiring pension and gratuity in respect of commissioned officers other than officers of Mjhtary N u r s m g
Table 1 (Referred to in Regulation 16)
Forms of application and s u p p o r t k T ^ T T ~ ~ documents P P ° r t I n g T o w^m application should
~ — submitted be
(a) Retiring pension in ADDK™* ■ respect of officers of A p p J l c a t l °n m manuscript Military Nursing Ser- ■ vice,
(b) Gratuity m respect of officers of Military Nursing Service.
3 (a) Disability pension
I.A.F.A.-115
(0 Invaliding medical board ™«
00 Medical Jfflstorv B ,
rrouer of Defence Accounts (Pensions) through the A S
S^SST^ and F r <™*e claimant to the Con-
Sneers? D C W A c ™
Remarks
^ a r H f n ^ l i c a * i G n * neces-S ? * t h e ret]rement of an
ters will inform the Controller £ S e Accounts (Pensions)
^ G o v ^ m r o r e r s ^ o m 0
awe to or aggravated by
In- ^rort—IAFY-2006 or S t « - y ^ o t t has not
St^S^S^ K & , » may ^ S r f in-
-fb) Disability pension where disability mam-fests. itself after retirement vide regulation 54, Part lo t these Regulations.
GO ^ f l c a L C4T ivS, a registered n0tf' nrte'ti i^cr who last medical praams-^-' • d i . attended upon ^ o E i ^ u a eating the nature of the cLseast
From the claimant to the Ministry of Defence.
(a) Family pension, children's allowance and gratuity.
{M ( a ) Application for pension^ MFB-501,'Pensions.
beyond the prescribed age
MPB^541 together with MPAO-71A.
Forms at items (1), (2), (3) and (5) from the claimant to the Controller of Defence Accounts (Pensions) and forms nt item 4 from Army Headquarters to the Ministry of Defence.
military service, the Con-toller of Defence Accounts S o n s ) will submit an kudit report to the Ministry of Defence with a copy to Army Headquarters (A.u s Branch).
On receipt of the copy of Government orders « m m £ X
ting the decision that the (Us ability is attributable to or
sar^^ S U r y of D e f e n c e j j copy to Army Headquarters (A.G's Branch).
rm receiot of copy of the Gov-° ne r S ^ r d e r s P communicat-iaR the decision that the oeatn fdus to or » ^ o n t 7 d £
tary service, the Controller of Defeuce Accounts (Peu-sionS wilT submit an audit r S S t to the Mimstry of Defence with a copy to Army Headquarters ( A ^ B r ™ ^
Ol
m iNDMENT TO PENSION REGULATIONS FOE THE ARMY PART 11(1961) fflI'
8/IY/67 . Table I (Regulation 16)
(b) Against item 5, in column 3, of Table 1 for "MPK nm/P • „ read "MPB-510/Pensio^ or M^B-mij^oS' ! " ^ ^
( F ° r ^ E : 5 1 1 / P e ^ i ^ . . . i s > e d - ^brothers/sisters). (e) Forihs existing entries below "mitsirlp T-n/l ;a "™„, •
t «gmn* item 6 of t a b ! 1 « U h ^ t £ t t ^ l . ! ™ g * C°l*m» ■ 'Erom the applicant to the Secretary to the Governs ent nf T ^
Ministry of Defence, through the Indian M S ^ ^ t f ^ and Controller of Defence A o o a a n t a ^ S ^ C ° n C e X n e d
(2); IAFA£8C§) and certificate of income from the Income Tax au-. thorities, in case of pensions and
. children's allowance at. ordinary rates..
(3) (a) Court order or other documents to show that the child is in the legal custody of a person^other than the mother
. or step-mother ; and
(b) A certificate that he/she is maintaining the child, for grant of children's allowance at motherless rate under the.note below clause (b) of regulation 95, Part I of these Regulations.
(4) When death occurs while in service :— fa) Death certificate—IAFA-393.
In case of awards to overage children under the provisions of regulations 99 and 103, Part I where a child is shown as incapable of self-support, it will also be necessary to produce a certificate from a medical board to be arranged by the local military authorities at the request of the Controller of Defence Accounts (Pensions) to the effect that the child is incapable of self-support by reason of infirmity which arose before the child reached the prescribed age limit.
t'b) Education allowance , in respect of com
missioned officers,
(b) In case of disease :— O.C., unit and medical officer's report on the case —IAFM-1231. In case of death due to accident :— Injury report—IAFY-2006 or where the injury report has not been rendered, such other documentary evidence relating to the injury, as may be available,
Proceedings of the court of enquiry, IAFD-931, where held, together with other medical documents as may be prescribed from time to time,
(5) When death occurs after retirement :— (a) Death certificate, (b) Medical certificate with cli
nical notes, if any, from a registered medical practitioner who last attended upon the deceased officer prior to his death indicating the nature of the^discase.
(1) Application for education al-alowance in respect of children— MPB—531.
(2) MPJ-3.
Co
From the claimant to the Controller of Defence Accounts (Pensions).
On receipt of the claim the Controller of Defence Accounts (Pensions) will render an audit report to the Ministry of Defence.
Dependents* pension— Parents/Brothers and Sisters.
(1) Application for pension—MPB Forms at items-Cl) & (2) from the On receipt of copy of the Gov-510/Pensions. £ % M ? 0 % \ t / L
(2) MPC-60. lS^ ' f' -* '* (3) Medical & other"documentsi
same as at item 4(a) above.
claimant to the Controller of Defence Accounts (Pensions). Medical & other documents same as at item 4(a) above.
ernment orders communicating the decision that the death is due to or hastened by military service, the Controller of Defence Accounts (Pensions) will submit an audit report to the Ministry of Defence.
6 Commutation of pension Form published as Appendix IV in this part of Regulations.
■SU1
-W «,&**
In India From the applicant to Head
quarters of the Command in which residing through the Controller of Defence Accounts (Pensions).
Outside India From the applicant to the Sec
retary to the Govt; of India, Ministry of Defence through the jSensiqii disbmsing officer> andXolitroller of Defence Accounts (Pensions).
<£>
m»^ * A t&^
Item Reference to No. Regulations
Table II (Referred to in Regulation 17)
Nature of award and categories of personnel Authority competent to sanction the grant of pension etc, in respect of whom the authorities specified in column 4 are competent to sanction pension etc.
1 Chapter II .
; > ■ ■ / &
~K- ; ( '^fi'Y
&
'/ ,A!
(i) Commissioned officers other than officers of the Military Nursing service:
(a) Retiring pension
(b) Disability pension
(c) (i) Special family pension and Children's allowance to children below the age of 18.
(ii) Gratuity to the widoww here an officer is killed in action or dies of wounds received in action within seven years of being wounded.
(a) Ministry of Defence provided an award is made in accordance with the audit report of the Controller of Defence Accounts (Pensions) except where an officer is cashiered or dismissed by sentence of court martial.
(b) (i) Ministry of Defence provided the President decides that disability is attributable to or aggravated by military service and an award is made in conformity with the audit report of the Controller of Defence Accounts (Pensions).
(ii) Controller of Defence Accounts (Pensions) as regards continuance of disability pension.
(c) Ministry of Defence provided the President decides that the cause of death of the officer was dise to or aggravated by military service, and an award is made in accordance with the audit report of the Controller of Defence Accounts (Pensions).
^ ,,Pa" occurring in colons
s « « » ' r t * , ~ V n ^ 1 " 1 * toted i s * 3 * 1 % ' iTlM_
a s . N o . 39/V11/67 ]'dhli 111 (Referred to in Regulation 18)—
(a) Against item 7-A, in column 2, for the entry "342" read "342 and 348" and in column 5, insert a he following :— *W. B.'—A GOC-in-C. may, at his discretion, delegate
h:s powers to the Chief of Staff at Command HCi, the Area Commanders and the Indep Sub Area Commanders."
(b) In column 5, against item 12, insert the following :— "JV. B.—A GOC-in-C may, at his discretion, delegate
his powers to the Chief of staff at Command HQ,, the Area Commanders and the Indep Sub Area Commanders."
(c) Add the following fresh item " 1 3 " with connected entries as shown below :—■
13 114 Ditto Ditto X-B.—A GOC-in-C may, at his-discretion, delegate his powers to the Chief of the Staff at Command HQ, , the Area Commanders and the Indep, Sub Area Commanders,"
[Letter No. A/13092/AG/PS4(C)/104-I6/D;Pensiom/Services), dated the H th October 1965.]
[Ministry of Finance (Def.) u. o. No- I8ii6-Pcn,, dated 14-1-1967.]
1 1—2 D. M, R. & F. (N. DO/67
(d) Ordinary family pension and children's allowance to children below the age of 18.
(d) Ministry of Defence provided an award is made in accordance with the audit report of the Controller of Defence Accounts (Pensions).
In circumstances not covered by above, the competent authority will be the President. N.B.—In the case of widows and children, .the Controller of De
fence Accounts (Pensions) shall have the power to pay gratuities authorised in the Regulations when they are clearly admissible and admit pensions under Regulations provisionally, in anticipation of the sanction of the competent authority.
(ii) Officers of the Military Nursing Service (a) Retiring pension . . (b) Disability pension . '". .
. (a) Controller of Defence Accounts (Pensions). . (b) (i) Ministry of Defence provided that the President decides
that the disability is attributable to or aggravated by military service and an award is made in conformity with the audit report of the Controller of Defence Accounts (Pensions).
(ii) Controller of Defence Accounts (Pensions) as regards continuance of disability pension.
In circumstances not covered by above, the competent authority will be the President.
2 Chapter V . . Officers of the Territorial Army : (a) Terminal gratuity . . (b) Disability and special family pen
sionary awards.
(a) Controller of Defence Accounts (Officers). (b) Same as in item (1) above.
Table III (Referred to in Regulation 18)
Categories of personnel in respect of Item Reference to whom competent authority shall No. Regulation No. exercise its powers
Competent authroity Remarks
2
•3
5
6
7
16
51
83
97
296
Ditto.
Ditto.
Family Pensioners
Ditto.
Commissioned Offi
Pension Regulations Part I
Commissioned Officer and officers of Ministry of Defence the Military Nursing Service.
Ditto.
Ditto.
Ministry of Defence.
Ditto.
Commissioned Officers of the Terri- Director, Territorial Army, Army torial Army. Headquarters.
N.B.—In case where an officer is cashiered or dismissed the competent authority will be the President.
7-A 342 Commissioned Officers and officers of the Military Nursing Service.
In India G.O.C-in-C of the Command of the
area in which the pensioner resides.
Outside India President
I AMENDMENTS TO PENSION REGULATIONS FOR THE ARMY, PART I I (1961)
C. S. No. 6/IV/67
\iegulation 18 (Table III) (a) In column 2 against item 7-A of table I I I referred to in Regula
tion 18, insert the following—
"and 348", (b) In column 5 against item 7-A of table I I I referred to in Regula
tion 18, insert the following— "N B — 4 GOC-In-C may, at his discretion, delegate his powers
* to the Chief of Staff at Command HQ, Area Commanders and Indep Sub Area Commanders".
[Letter No. A/l3092/AG/PS4(c)/10416/D(PensionS/Services) dated the Mth October 1965].
FM of E (D) n.o. No. 1788 Pea B of 1966]. 1 .. \ ; V.SHANEAR
Secretary to ike Government of Irtdiv Ministry of J>J>
9
10
10-A
, 11
12
56 57
86
94
95
112
B 114
Commissioned Officers. Pension Regulations Part II
. President. Commissioned Officers and their Controller of Defence Accounts (Pen-
than officers of Military Nursing Service, and their families,
(ii) Officers of the Military Nursing Service and their depen-
. dants, Commissioned Officers and officers
of the Military Nursing Service. -Commissioned Officers and their
families and officers of Military Nursing Service and their dependants.
Commissioned Officers and officers of the Military Nursing Service,
t>'ffrc
President. Exception.— The Controller of Defence Accounts
(Pensions) shall be competent to readmit a pensioner to pension establishment and pay him full arrears, if he is satisfied with the explanation of the pensioner.
Controller of Defence Accounts (Pensions).
G.O.C-in-C Command,
In India Commander of an Area or Indepen
dent Sub-Area in which the pension is drawn.
Outside India President. In India G.O.C-in-C Command of the area in
which the pensioner resides. Outside India President. - 7» l\ ft ™
A €oc-
Table IV (Referred to in Regulation 20)
Item Nature of claim Forms of application and supporting To whom application should be No. documents submitted
Remarks
4
1 Counting of former service for pension and gratuity,
(i) I.A.F.A.—365. . (Ii) Sheet rolls (including enrol
ment forms) in respect^ of present and previous service.
From the Record Officer to the Pay Accounts Officer (Other Ranks) attached to the Record Office.
In the absence of necessary documents in respect of former service, the Pay Accounts Officer (Other Ranks) will submit the claim to the Controller of Defence Accounts (Other Ranks) who may admit the claim if he is satisfied with the corroborative evidence of former service produced by the Record Officer.
In cases where the circumstances of discharge from former service were such as to entitle the person concerned to gratuity in respect of that service and there is no reliable documentary evidence to prove that gratuity was paid to him, it should invariably be assumed that the gratuity was paid and the amount of gratuity to which he was entitled should be recovered from the individual in a lump-sum or in instalments, as may be
Service pension/ gratuity and special pension/gratuity.
Pension or gratuity in lieu in respect. of reservists.
the reckonable|pay and allowances for purposes of gratu-
, ity, where the gratuity, claim is submitted to the Controller of Defence Accounts (Pensions).
(i) Discharge roll-1AFY-1948-A/ From the Record Officer to the A.F.M.S.F.-16. Controller of Defence Accounts
(ii) Sheet roll (including enrol- (Pensions)... ment form). '_ ^ '
(a) Service!Special pension—
From the Record Officer to the Controller of Defence Accounts (Pensions).
(b) Service I Special gratuity—
From the Record Officer to the Pay Accounts Officer (Other Ranks) attached to the Rocord Office; except in cases of invaliding where the claim will be submitted to the Controller of Defence Accounts (Pension) .
considered justified, before the former service is allowed to
. count. Doubtful cases should, however,
be submitted for orders of the Government of India.
1 2 3 4
(iii) Certificate from the reservist electing to receive a pension or gratuity in lieu.
(iv) Sanction of the compentent authority, where such is necessary under rules.
(v) Last Pay Certificate I.A.F.A. -447.
4 Disability pension (i) Invaliding medical board From the Record Officer to the proceedings-A.F.M.S.F.-16. Controller of Defence Accounts
(ii) Medical categorisation form (Pensions). A.F.B.-179(c).
(iii) Medical History Envelope-A.F.M.S.F.-l together with other medical documents as may be prescribed from time to time.
(iv) Service and casualty form-IAFF-958.
(v) In case of disease :— OC, Unit and Medical Officer's
report on the case-IAFM -1231. In case of injuries :— Injury report—IAFY-2006, or where the injury report has not been rendered, such other documentary evidence relating to the injury, as may be available.
Proceeding of the court of enquiry —IAFD-931. where held.
3 ■ ■ 4
(vi) Extracts from Part II orders or from the casualty lists received, if the casualty is classified as "Battle Casualty" or "Battle Accident".
(vii) Sheet roll (including Enrolment Form, Recruit Progress Card and Conduct Sheet-AFB 122-M).
(viii) Last pay certificate-IAFA-447 5 Original grant of i I. A.F.A.-366(a) in duplicate. From the Record Officer to the Con-
family pension troller of Defence Accounts (Pen-to eligible heirs. 2 Sheet roll of the deceased soldier sions).
and I.A.F.F.-958, , 3 Medical History Envelope-A.F.
M.S.F.-I together with other , medical documents as may be prescribed from time to time.
4 Birth certificates of minor children, if available.
5 (A) When death of a soldier occurs while in service :—
(i) Death certificate and certify cate of attributability i.e.,, I.A.F.A.-393, Parts I and I I . . ■ ■ ■
<ii) I.A.F.M.-1231, if death is due to disease
or Court of inquiry proceedings on I.A.F.D.-931 orl.A.F.Y-
2 3
2006 (as the case may be, vide R.A.I. Instruction 466) if death is due to an injury or where the injury report has not been rendered, such other documentary evidence relating to the injury, as may be available.
(iii) Extracts from Part II orders or from casualty lists received, if the casualty is classified as "Battle Casualty" or "Battle Accident",
(B) When death of a soidier occurs after his discharge from service :—
(i) A death certificate signed by a qualified medical practitioner who may have treated the deceased prior to his death ; or failing that
(ii) an extract from the village or municipal death register ; or failing that also
(iii) the statemen t of the claimant and two reliable and disinterested witnesses as to :—
(a) the nature and symptems of disease of which the individual died;
(h) the duration of illness ; and
1 2 3 4 5
(c) medical treatment, if any * received by the deceased
after his discharge from service.
' (iv) First application (in original) from the claimant, if any.
6 Explanation of the officer commanding unit etc. or the claimant or both for delay in cases of belated submission of the claim.
6 Children's allowance 1 I.A.F.A, 366(b) in duplicate
2 Documents mentioned at Nos, 2,' ■■"■"■ 4 and 6 in column 3 against item
From the Record Officer to the Controller of Defence Accounts (Pensions),
Pension Pensionary bene
fits to eligible widows where cause of death is not attributable to or aggravated by -military service.
(i) I.A.F. Y.-1948-A/A.F.M.S.F.-16 as the case may be, duly com- ■ pleted to the extent possible, as in the case of service pension
. claims. (ii) Sheet roll. (iii) Last pay certificate-I.A.F. A.-447,
together with Pay Accounts Officer's certificate regarding substantive rank and group held during the last two years of service.
(iv) I.A.F.A,-366(«) duly investigated by the civil authorities. .
From the Record Officer to the Controller of Defence Accounts (Pensions),
r- 1 (v) A certificate to the effect that the
individual has not elected to be governed by Old Pension Code,
(0 00
(iii)
(«v) (v)
(vi)
Transfer of family pension to the widow.
Sheet roll. I.A.F.Y.-1948-A duly completed to the extent possible as in the case of claims for service gratuity. I.A.F.A,-370 together with Pay Accounts Officer's certificate regarding the reckonable pay and allowances for purposes of gratuity. Last pay certificatc-I.A.F.A.-447. LA.F.A.-366(a) duly completed by the civil authorities. A certificate to the effect that the individual has not elected to be governed by Old Pension Code.
Gratuity From the Record Officer to the Con
troller of Defence Accounts (Pensions.)
1 T.A.FA. 366(a) in duplicate. From the Record Officer to the Con-2 Certificate of death/disqualification t r ° H e r o f D e f c n c e A c c ™ " t s (Pen-
of the original recipient based on investigation by local civil authorities.
3 Explanation for the delay by the Record Officer in case of belated claims together with the original application of the widow, if any received.
4 Sheet roll.
sions.)
On receipt from the pension disbursing officers of the intimation of death or disqualification of an heir other than a widow, the Controller of Defence Accounts (Pensions) will immediately pass on the information to the Record Officer concerned who will thereupon initiate the claim for the transfer of family pension to the widow. If in any case, the Officer Commanding of a
r >
Regimental Centre/Record Office independently receives intimation of the death/disqualification of an heir other than the widow from other sources, he will not wait for a confirmation from the Controller of Defence Accounts. (Pensions) but will immediately initiate action as indicated above,
10
11
Continuance of family pension to parent (s).
Family pension to foster parents or a step child or minor brother & sister.
1 I.A.F.A. 366(c) in duplicate gether with first application original from, the claimant.
to- From the Record Officer to the Con-in troller of Defence Accounts (Pen
sions).
2 Documents mentioned at Nos. 2 and 6 in column 3 against item 5.
1 I,A.F.A.-366(rf) in duplicate.
2 Documents mentioned at Nos. 2 to 6 in column 3 against item 5.
Advance of ser- Application on I.A.F.A.-370. vice/invalid/special pensions,
From the Record Officer to the Controller of Defence Accounts (Pensions). But .fee R, A.I. Instructions, 208-A as amended.
From the Record Officer to the Controller of Defence Accounts (Pensions).
On . receipt of the claim, the Controller of Defence Accounts (Pensions) will submit an audit report to .the Ministry of Defence,
As soon as the pension is sanctioned, the Controller of Defence Accounts (Pensions) will-make payment of the advance and will simultaneously notify the fact in the pension payment orders.
to
/
12 Compassionate allowance to widows and children of deceased Junior Commissioned Officers where death is not attributable to military service.
A.F.Z.-2158 (in duplicate).
4 5
From the Record Officer to Army Headquarters (A.G.'s Branch) direct, to reach them by 15th June annually.
Record Officer may also review and sumbit, if necessary, any case which may have previously been submitted to Army Headquarters or the Indian Soldiers', Sailors' and Airmen's Board for consideration in connection with the distribution of other charitable funds. Once the grant of a compassionate allowance in any particular case has been sanctioned by the competent authority, the further procedure to be followed shall be the same as in the case of the family pension claim of a pensioner.
I FOR THE ARM i , r « , i ^ ~- j&~1 -, C. S. No. 43T,68
fable IV referred to in Regulation 20, insert the following as "NOTE 1" at the end of the T a b l e : -«^ O T E i_Al l casesof death from disease, accidental injury, luicidc or mu.-der, invalidation on account of disease of accidental injury, regardless of the circumstances, in which the death/invalidation occurred will be submitted by he Officer-m-Charge, Regiment/Corps Record Office, to the Controller of Defence Accounts (Pensions) as claims for disability or family pension, as the case may be, with the exception of the undermentioned types of cases:— W Cases where an individual outlives a normal span of 4 ' life, i.e. where death takes place at the age of 60 years
or above. fb) Cases where an individual was discharged on other
than medical grounds with a service pension/gratuity and the cause of death is other than a aisease-
(C) Cases of reservists who die whilst in reserve (except when called up for service or training) and the cause of death is other than a disease.
However, doubtful cases amongst the except*! cate-gories referred to above all invariably be referred to the Controller of Defence Accounts (Pensions) for decision . {Authority .--Army Order No. 97/63).
file No, A i r J K Q / ^ ^ / P P & R ^ TSTofF. (D) U/O NO. 56i>2-Pen. of 1967.
(V. SHANKAR) Secretary to the Govt. of'Indie
Ministry of Defence.
PNLK-4/DMR&F/68--7-6-68—7,210
Item Reference to No. Regulations
1 Chapter III Part i
2 Chapter IV Part 1
faMe V (Referred to in Regulation 20
Nature of the award and categories of personnel in respect of whom the authorities specified in column 4 are competent to sanction pension etc.
Authorities competent to sanction the grant of pension .etc.
Junior Commissioned Officers, Other Ranks, Reservists and Non-Combatants (Enrolled).
All awards ■-..;. .- . . ■ ■■ * .. - ■
junior Commissioned Officers and Other Ranks. (Defence Security Corps)
All awards . . . .
Controller of Defence Accounts (Pensions); and
Controller of Defence Accounts (Other Ranks) or other officers authorised by him in the case of service gratuity other-than in invaliding cases.
Ditto.
% Chapter Parti
Junior Commissioned Officers, Other Ranks and Non-Combatants (Enrolled) (Territorial Army).
(a) Terminal gratuity . . . .
(ft) Disability and special family pensionary awards, (b) Controller of Defence Accounts (Pensions),
(a) Controller of Defence Accounts (Other Ranks) or other officers authorised by him.
Table VI (Referred to in Regulation 22)
Hem Reference to Re- Categories of personnel in respect of No. gulation No, whom competent authority shall excr- Competent authority
case its powers
3 H7 Ditto. Ditto. 5 1 8 Ditto. Area Commander after considering the
advice of his A.D.M.S., shall decide whether an individual is guilty of aggravating or retarding the cure of his disability,
Pension Regulations Part I 3 (j) Honorary Commissioned Officers Cliief of the Army Staff.
and Junior Commissioned Officers. (ii) Other Ranks and Non-Combatants O. C, Unit provided he is not below the
(Enrolled), rank of Lt.'Colonel ; in other cases, the Sub-Area Commander (Area Commander in case of units working directly under Area Headquarters).
1 1 6 Junior Commissioned Officers, Other Area or independent Sub-Area Commander Ranks and Non-Combat ants (Enrolled).
C-S.N*.41/X/67 Table V I rr»f.,.r A . -
«i2 T ^ ems" <",d 12-A as -* - -1 7 8 D i «° C o a M I e r o f
Aocouat^Pemiom)00' 12-A J 7 9 Junior
Commissioned Officers
to
_ ^ N o . 1 9 3 ^ p g g M. No. 3492-Pe,,, ^ ^ ^
126(a)
126(c)
8
9
10
11
1.34
140
148
175
13 187
Junior Commissioned Officers, Other Ranks and Non-Combatants (Enrolled).
Ditto.
Junior Commissioned Officers and Other Ranks/
(i) Junior Commissioned Officers (ii) Other Ranks * , . ,
Controller of Defence Accounts (Other Ranks) or other officers authorised by him.
N.B.—U the payment or non-payment of gratuity in respect of former service cannot be proved owing to" loss or destruction of official records, it shah be assumed that the gratuity, if it was admissible under the rules., extant at the time of discharge from former service, was paid. Permission to count former service shall be granted only after an amount equal to the sum so admissible is refunded in full,
Area or Independent Sub-Area Commander for condition 2, and Controller of De
fence Accounts (Other Ranks) for condition 3,
G.O.C-in-C Command.
Area or Independent Sub-Area Commander. O.C., Unit.
Non-Combatants:(Enrolled). . 4 ' . D j t t o i
Junior Commissioned Officers, Other Ministry of Defence Ranks and Non-Combatants
■■ (Enrolled), i ■ . ■ .. : Ditto. Controller of Defence Accounts (Tensions).
JO
14
15 16
17
IS
207 228(a) 288(c) 253
272
19 318
21
22
23 24 25
56
57
74 75 76
Junior Commissioned Officers, Other Controller of Defence Accounts (Pensions). Ranks and Non-Combatants (Enrolled).
-. Ministry of Defence. Family pensioners
Ditto.
Ditto.
Controller of Defence Accounts (Pensions).
Ministry of Defence.
Junior Commissioned Officers, Other A.G., Army Headquarters. Ranks and Non-Combatants (Enrolled).
(i) Controller of Defence (Pensions).
(ii) Ditto,
Accounts (j) Junior Commissioned Officers
(ii) Other Ranks Junior Commissioned Officers, Other O. C. ; the Sub-area or equivalent Corn-
Ranks and Non-Combatants (Enrolled). mander ; or in the absence of such a Formation, the Area or equivalent Commander, appropriate to the location of the unit of the individual.
Pension Regulations Part II Junior Commissioned Officers, Other Controller of Defence Accounts (Pensions).
Ranks and Non-combatants (Enrolled).
Junior Commissioned Officers, Other Ranks and Non-Combatants (Enrolled)
■ ■ and their families. Ditto. Ditto. Ditto.
Ditto.
Area or Independent Sub-Area Commander. Ditto. Ditto.
fa?
. ^ / % ■
AMENDMENT TO PENSION REGULATIONS FOR THE ABMY, PART II (1961)
ll/IV/67 Table VI (Regulation 22)
Insert t i e following as item 20 in the Table—
1 2 3 i
"20 350 Commutation of pension of Controller of Defence Ac-Junior Commissioned Officers, counts (Pensions). including those granted Honorary Commission, ORs and non-combatants (enrolled) of the regular Army and DSC, SSRC/TC officers.
NOTE—This applies also to erstwhile State Forces pensioners",
26 91 (i) Junior Commissioned Officers, Other Ranks and Non-Combatants (Enrolled) and their families other than those drawing pensions at the treasuries specified below.
(ii) Pensioners drawing pension at the following treasuries :—
Kathmandu .
Gorakhpur .
Darjeeling , .
Darbhanga and Purnea .
Bahraich and Gonda
Controller of Defence Accounts (Pensions).
Military Attachee/Assistant Muitary Attachee, Indian Embassy, Nepal.
R. O. or Dy. R, O. and Record Officer or A.R.O. for Gorkhas, Kunraghat.
Dy. R.O. and Record Officer or A.R.O., Ghoom, Darjeeling. /
Dy. R.O. and Record Officer or A.R.O., Ghoom or Collectors Darbhanga and Purnea, as the case may be.
R. O. or Dy. R.O. and Record Officer or A.R.O. for Gorkhas Kunraghat or the Deputy Commissioners, Bahraich and Gonda, as the case may be.
Note.—Whenever a competent authority specified in this clause readmits,to pension establishment a pensioner who has been struck off that establishment, a copy of his sanction together with ■ pensioner's explanation for non-drawal of pension shall be submitted in support of the first payment to the Controller of Defence Accounts (Pensions).
r 1 2 3 4
26A 94 Junior Commissioned Officers, Other G.O.C.in-C Command. Ranks and Non-Combatants (Enrolled).
In India including Nepal
27 93 Junior Commissioned Officers, Other Commander of the Area or Independent Ranks and Non-Combatants (Enrolled) Sub-Area in which the pension is drawn. and their families,
28
29
100
101
Family pensioners . .
Ditto.
Outside India.
President.
. G.O.C.-in-C Command
Commander of the An Sub-Area in which the pension is d .ravvn.
A M E N D M E N T S T H E P E N f f l ^ n ^
12/IV/67
CJbjrfer I I I , Sec*«m I, Su&-S«*«m II-
The Mowing amendment, a « made-- ^
( a , !n the l a d i n g Mete the W due to ^ _ _ parachute jumping and wwers _
■ J action, nying accidents or p a - h u t * jumprag or * employed m aid of civrl power .
T> i +■ „ 9R rfele'e the words "due to flying (6) In line 4 of the Begulation 28, Me,e m f o l l o w i n g _ ( > accidents or parachute jumping and « » * t
19611. "*""
.-K
CHAPTER III—ANTICIPATORY PENSIONS, ADVANCES OF PENSIONS, PROVISIONAL PAYMENT OF FAMILY GRATUITY
AND PENDING ENQUIRY AWARDS I fly \
. .SECTION I—ANTICIPATORY PENSIONS AND PROVISIONAL PAYMENT OF"' ' U'V :\ FAMILY GRATUITY r-i W ^'11-1,
26. (a) Subject to the provisions of- clause (c) below, when delay : N w is anticipated in reporting on the claim to pension of a Commissioned ■Officer or in the final sanction of a pension to <i) an officer of the Mili-
■ lary Nursing Service or (ii) a Junior Commissioned Officer, Other Rank ■or Non-Combatant (Enrolled), the Controller of Defence Accounts (Pensions) may, upon a declaration as follows by the individual concerned, ■sanction the immediate disbursement of the retiring/service pension to
■' 'which, after the most careful summary investigation that he can make without delay, he believes the individual to be entitled:—
■ Declaration:— Whereas the Controller of Defence Accounts (Pensions) has con
sented, provisionally to advance to me the sum of Rs... p.m. in anticipation of the completion of the enquiries necessary to enable the pension sanctioning authority to , fix the'
' amount of my pension, I hereby acknowledge that, in accept-. : ing this advance, I fully understand that my pension is subject &
. t o revision on the completion of the necessary enquiries, and I promise to raise no objection to such: revision on the ground
i:;, that the provisional:pension paid to me exceeds the pension to which I may be eventually found entitled. I further promise to repay any amount advanced to me in excess of the pension to which I may be eventually found entitled.
NOTE.—In the case of Gorkha personnel below officer's rank domiciled/ residing in Nepal, the anticipatory pension will be ; sanctioned without prior production of the declaration. form. However* the pension disbursing officer
■ will invariably obtain this; declaration form from the pensioner before making first payment of anticipatory pension and forward it to the Controller of Defence Accounts (Pensions)... .,. ; . . : /^£l^i^<§7i^e-t^
(b) If, upon the completion of the necessary investigation, it be ^^Cg^fe^ found that the pension thus summarily assigned differs from the pension finally settled, the difference shall, be adjusted in the first subsequent payment ' ' ' J^j^^^f-
(c) No anticipatory pension shall, however, be sanctioned to an"" -^r^^SP individual when intimation isi received that he was involved, whilst in .<rf service, in a loss or irregularity relating to public funds, which is under ^ \ J « M ^ ^ investigation.
27.
30
Sub-Section H—Procedure for speedy payment of family gratuity and finalisation of family pension claims in cases of deattis due to flying
accidents or parachute jumping m Speedy payment of family gratuity and finalisation of family pen
sion claims. ^
28. The procedure in this sub-section is intended to ensure speedy payment of family gratuity and finalisation of family pension claims in cases ot death of army personnel including Territorial Army personnel. due to flying accidents or parachute jumping. The highest priority will" be given to the completion of proceedings of the court of enquiry: which
• have a vital bearing on the finalisation of the pensionary awards I in this £\ fVS o f case. It will be ensured that no delay occurs at any stage io-
,^;Vv-' forwarding the proceedings with the necessary remarks to the Govern, ' T 1 ^ «f- t h r o u S h t h e prescribed channels. Claimants will be assisted ir| I \ . A Ming up the details in the prescribed pensionary forms. The offices c!
S_i recruiting organisation will take action personally to reduce to th^ ■ minimum the time necessary for the verification of the details of the
claims by the civil authorities. The detailed procedure to be followed in regard to initial action
and reporting progress in the finalisation of the claim is laid down in Appendix II.
Provisional payment of family gratuity. 29. (a) The competent authority may pay an amount equivalent
to /5 per cent of the family gratuity vide regulations 104 and 232 of ^ art I of these Regulations (subject to eventual adjustment against the family pensionary awards) immediately on receipt of the prescribed report accompanied by the relevant documents, to the widow of an offiW or to the family of a Junior Commissioned Officer, Other Rank or Non;
Combatant (Enrolled) who is killed while on flying duty in a service aircraft or while being carried on duty in a service aircraft under proper authority.
(b) The provisional payment of family gratuity will be adjusted ire accordance with regulation 32.
(c) The gratuity shall be calculated with reference to the paid acting rank held in respect of casualties on or before 31st May 1963, or if no such rank was held, with reference to the substantive rank of the-deceased individual vide regulation 93 and regulation 223 and notes-thereunder of Part I of these Regulations.
Competent authority. 30. The competent authority for the purpose of regulation 29 will'
be the Controller of Defence Accounts (Officers) where the deceased individual was an officer, and Pay & Accounts Officer concerned in other eases,
Procedure for payment. 31. <a) Where the deceased individual was an officer—
(i) The Controller of Defence Accounts (Officers) will authorise the treasury from which the widow desires payment
AMEMDMENT TO PENSION REGULATIONS FOR THE ARMY, PART-JI (1.961)
15/IV/67 -gidalion 31 f l :
In clause {b)[ii) of the Regulation for the portion commencing with ' intimation as under'1 and ending with "found to be admissible", substi
tute the following— "Intimation as under, as the ease may be, will be included in the
footnote of the money order form— Cases of death due to fifing accidents or parac/mie jumping
The sum of Rs as family gratuity consequent on the death of your (here insert relationship, rank and name of the deceased individual) is sent herewith as provisional payment till the necessary enquiries and investigations are completed and your correct Ultitlement to the pensionary award, in respect of the late is determined. The amount now advanced will be adjusted against :!he family pensionary awards which are finally found to be admissible", Cases of death in action, due to wound .sustained in action or of violent deatn
in aid of civil power 'The sum of Rs as family gratuity consequent on the death
of your (here insert relationship, rank a,nd name of the deceased individual), is sent herewith. This amount represents the final payment of family gratuity and no further award of gratuity will be admissible to any other heir if, after c: mpletion of necessary enquiries and investigation, it is found that special family pension is admissible to any such heir".
[M of D letter No. 77178/AG/PS4(«)/2668/l/Pen-CJ dated 3rd May, 1961].
AMENDMENT TO PENSION REGULATIONS FOE THE AEMY, PART I I (1961)
H/IV/67
Regulation 29J{a) (a) Tisf woids "a sewice aircraft" occuiring in the Eegulation. is
substituted by "an. aircraft", (6) .Clause (c) of this Eegulation may be deleted. [A.I. ,56/63 and Coirigendimi No. 25/63 to AI I/S/53].
mmmm AMENDMENT TO PENSION REGULATIONS FOR THE ABMY,
.PART II(mrt) . 16/IV/67
^Regulation 32 Following amendments are made to the.Regulation— '
(a) In line 3, clause {a), delete the words "made by way of 75 per , cent"..
(b) In line 3, clause (b), delete the words "of 75 per cent". [M. of D. letter No. 7717S/AG/PS4(«)/2668/Pen-C, dated 3rd May,
.,-.'■. 1961]. r^<.
31
to make payment of the appropriate amount Where payment is desired through a Branch of the State Bank of India, a crossed cheque will be issued in favour of the. widow for the appropriate amount.
Payment will be subject to the widow signing the following: declaration :—
"Whereas the Controller of Defence Accounts (Officers), has consented provisionally to advance to me a sum of Rs.— in anticipation of the completion of the enquiries and further investigation necessary to enable the Government to determine my entitlement to special family pensionary award in respect of late : I hereby acknowledge that, in accepting this advance, I fully understand that it is subject to adjustment on the completion of the necessary enquiries and further investigation, and promise to raise no objection to such re-adjustment, including the recovery t>f any amount advanced to me in excess of the pensionary award to which I may be eventually found entitled."
<ii) The Controller of Defence Accounts (Officers) will inform: the Ministry of Defence and the Controller of Defence Accounts (Pensions), of the action take under the preceding sub-clause. He will also indicate the amount of family gratuity paid, on the last pay certificate of the deceased officer issued to the Controller of Defence Accounts (Pensions), for eventual adjustment.
■'■;''■■>! Where the deceased individual was a Junior Commissioned //Other Rank/Non-Combatant (Enrolled)—
(i) The Pay Accounts Officer concerned will sanction the-payment of the appropriate amount and intimate the particulars to the Record Officer concerned.
(ii) The Record Officer will remit the amount through ordinary money order to the heir nominated for family pension, or if the nominated heir is dead or there is no nomination, to the living heir standing highest among the relatives specified in regulation 216 in Part I of these Regulations without verification in either case as to his or her eligibility for family pension under regulation 219 ■ibid, apart from those which can be checked from the latest entries in the service records.
Intimation as under will be included in the foot-note of the-money order form :—
"The sum of Rs. ——as family gratuity, consequent on the death of your (here insert relationship, rank and name of the deceased individual) is sent herewith as provisional payment till the necessary enquiries^
32
and investigations are completed and your correct entitlement to the pensionary award, in respect of the late
is determined. The amount now advanced will be adjusted against the family pensionary awards which are finally found to be admissible."
Money order charges incurred on such remittances will be borne by the State.
(iii) The Ofhcer-in-Chargc. Records concerned, will inform the Ministry of Defence, the Controller of Defence Accounts (Pensions), and the appropriate Pay and Accounts Officer, of the particulars of the remittance, as also its actual payment when made, to the family member. He will also indicate the amount of family gratuity paid on the family pension claim form ; whereas the Pay Accounts Officer will note that amount on the last pay certificate, for eventual adjustment.
Adjustment of provisional payment. 32. (a) Where the deceased individual was an officer—the Control
ler of Defence Accounts (Pensions' will specify the provisional payment made by way of 75 per cent of family gratuity, in his audit report, when he submits the claim to special family pensionary award with the prescribed documents, for orders of the Government. Thos orders will provide for the proper adjustment of the provisional pa ment against the final awards admissible to the family under the reg iations.
(b Where the deceased individual was a Junior Commissione Officer/Other Rank/Non-Combatant {Enrolled)—the provisional pa ment of 75 per cent of the family gratuity will be adjusted in s cordance with the procedure in force for adjustment of payments Pending Enquiry Award against the final awards admissible to family under the regulations.
33.
34.
&s-*^Z /^*^?> Sc***^- /^^^^fi/^^,^^!
's - >- -~**^ < f W *WSv a « y » y ■ ^ / / ^ ^ W - * « * " ^ / * r ~ ~ * * ■ * . _ « ^ ^ « y
Sub-section I—Advances of pension. ,/L^/s/J ^ Advances of service invalid special pensions. -""~""'""~"~ f&, ~ z ^ ^ r ,
36. An advance of service/invalid/special pension not exceeding. .——"-■- "'" six. months' pension (exclusive of allowance attached to decorations etc) may.be paid by the_ Controllerjof Defence Accpunts„(P.ensiqns) to-a Junior Commissioned Officer/Other KariE or Non-Combatant (Enrolled) who is retired/discharged or invalided from service after having earned a pension. -
The amount advanced will be recovered in full as pension falls. due. ^ """"'""' " — * ■-- - - ,„..„
Advance of pension to destitute pensioners. \/li^ 37. An advance of pension /arrears of pension may be sanctioned.' ■""*""
by the Controller of Defence Accounts (Pensions) to pensioners other:
than officers and their families who visit his office in connection with the sanction of their pension/arrears of pension not jdrawn _f o r over 12 months.subject to the following conditions :— ■——-—• - --■—_
(a) The advance will be sanctioned in cases in which arrears of" pension to that ,exte.nt_are clearly payable to the peniioners and after the individual^ identity and B"onaW^havi"Feen dfeariy_esjablished.
(b) The advance will be sanctioned only to those pensioners who are, in the opinion of the Controller of Defence Accounts (Pensions) / Joint Controller of Defence Accounts (Pensions), in a destitute condition and immediately need financial help. *" ~ '""
(c) The advance will be sanctioned under the personal orders of' the Controller of Defence Accounts (Pensions)/Joint Controller of Defence Accounts (Pensions) in each case and will be an amount, which is considered absolutely essential for immediate relief of the pensioner and will in no case exceed Rs. 100.
(d) The advance will be recovered from pension/arrears of pension.. 38.
41. (a) The pending enquiry award scheme is intended to relieve ;ihe financial difficulties of personnel below officer rank and their dependants when such personnel are invalided out 'of the service or
■ die and the invaliding disability or the cause of death is considered prima facie due to military service or is accepted as' such, by the com-.petent authority with reference to the applicable .entitlement rules. Under this scheme, provisional awards will be made pending' completion of the enquiries and other steps which may be necessary before ■ a pension claim can be finally admitted.
(b) The scheme does not affect the payment of anticipatory pension under regulation 26, or provisional payment of family gratuity under regulation 28.
Circumstances in which pending enquiry award may be made.
42. (a) Disability pension claims.—Cases in which the Controller of Defence Accounts (Pensions) is unable to sanction a disability pension within a month of the receipt of the claim in his office; and
(i) the Controller of Defence Accounts (Pensions) is satisfied that prima facie the disability is attributable to or aggravated by the individual's military service or when this is not the case, entitlement is conceded by the competent authority, or in the opinion of the local administrative authorities, in injury cases, and of medical boards in disease cases, the disability is attributable to or aggravated by the individual's military service before 1st April 1948, (this opinion will appear on IAFY-2006 or A.KM.S.F. 16 or both), and
(ii) the disability is assessed at 20 per cent or above.
(b) Family pension claims.—Cases of the following types in which ■the Controller of Defence Accounts (Pensions) is unable to sanction a family pension (including children's allowance) within a month of the receipt of the claim in his office :—
(i) all killed in action and battle accident cases ; (ii) cases where the Controller of Defence Accounts (Pensions) is
satisfied that prima facie the cause of death is attributable to or aggravated by the individual's military service, or when this is not the case, as soon as entitlement is conceded by the competent authority;
(in) injury and disease cases where, in the opinion of the administrative authorities or, the medical authorities respectively, the cause of death is due to individual's military service before 1st April 1948; and
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<iv) cases where the deceased ex-serviceman was in receipt of a disability pension or was admitted such pension posthumously and the cause of death is accepted by the competent authority as attributable to or aggravated by his military service.
Amount and date of effect 43. (a) Disability pension claims.—An award will be made at a
montbl^ate equal to the appropriate rate of disability pehsioh based ori'tliiedegree of disablement assessed by the medical board or the Medi-cal'AIIvBeF' PensIoris);' whefe the case "is referred to him.
In cases where the individual has been granted anticipatory pension, however, the award will be at the rate equal to the disability element of disability pension.
The award will be made with effect from the date following that of discharge from the service. '^«^»-- --^-■-■■- ™--- •-■■■
"(B) Family pension claims.—An award will be made at a monthly rate equal to:— - ■ ■■---.,,.■.,<...■» --.,«...■>,>,,,
(i) the appropriate amount of family pension, plus (ii)'the appropriate amountof children's allowance according to
the number of living minor children (sons upto 18 and daughters upto" 16 years of age or marriage whichever is later), if any, shown in the kindred roll portion of the sheet roll. ^-.^
The award will be made with effect from the date following that of th^.^d^ath....oi^the:individi^,but..in a case where family allotment has been paid and the allottee is the recipient of the award, the award will commence from the date following that upto and for which family allotment has been paid.
In a case where, however, the documents necessary to determine entitlement to family pension are received in the office of the Controller of Defence Accounts (Pensions) after a period of 12 months from the date of death or the date specified in clause (D) of regulation 88, as the case may be, the grant of arrears of pending enquiry award will be regulated by regulation 88.
To whom payable. 44. (a) Disability pension claims.—The award will be made to the
individual invalided out of the service. (b) Family pension claims.—-The award will be made to the heir
nominated, for family pension as shown in the sheet roll or if the nominated"heir is deador tf there is no nomination, to the living heir standing highest among the relatives specified in regulation 216, Part I of these Regulations without verification in either case as to his eligibility for family pension under these Regulations except,to the extent that such verification can be made on the basis of the entries in the service records.
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Any case of doubt will be submitted for orders of the Government.
Procedure, 45. Record Officers will submit to the Controller of Defence Ac
counts (Pensions), disability pension claims as soon as the medical board' proceedings have been approved, and family pension claims as soon as possible after the receipt of the casualty report.
In case of family pension claims, the Record Officer, while forwarding the claim, will state in each case whether family allotment was being paid and if so, the name and relationship of the allottee and the date up to and for which it was paid.
Payments. 46. (a) Intimation of the grant of a pending enquiry award and its
particulars will be sent by the Controller of Defence Accounts (Pensions) by express letter to the Record Officer concerned, who will arrange payment of the award through ordinary money order.
The money order charges will be borne by the State. (b) To remitting the pending enquiry award to the claimant, the
Record Officer will explain to the payee the object and the nature of the award as stated in regulation 41 (a) and make it clear that the award is provisional only and will cease if and when the pension is sanctioned or the claim to pension is rejected.
<c) In a case where pending enquiry award is sanctioned to a el.-iimant to disability pension who lives in Nepal, the award, instead of being remitted by money order, will be . paid^ to the claimant in himpsum when he visits the Recruiting Office, Kuhraghat or Ghoom or the Indian Embassy, Nepal, as the case may be, provided that during the time that lapses between the sanctioning of the pending enquiry award and the claimant's visit, the claim is not finally rejected or sanctioned.
In cases of claimants to family pension, who live in Nepal, the Recruiting Officers for Gorkhas at Kunraghat and Ghoom or the Indian Embassy, Nepal, as the case may be, will disburse pending enquiry awards at their discretion in lump sum for the period during which in their opinion, the individuals remained eligible for special family pension. All payments of pending enquiry awards and also all amounts which have been sanctioned and which are not paid, will be notified to the Record Officer concerned. The amount of pending enquiry award and the period for which payment has been made, shall also be recorded in Part II of the pension claim form (IAFA 366); in cases where no payment had been made, a note to that effect will be made in the form,
Termination of pending enquiry award. 47. In all cases the pending enquiry award shall be stopped on
receipt of intimation by the Record Officer from the Controller of Defence Accounts (Pensions) regarding the acceptance or rejection of the claim.
-m % % s t ts^ e d the Mnt °f * w *™*":.:
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17/IV/67
In clause \oj ^ d a l family pension . pension ■
[File No. A/02139/eS*(«»
37
i Intimation of rejection of the claim will be sent by the Controller of Defence Accounts (Pensions) to the Record Officer concerned by telegram (with a post copy) to avoid further payment.
The Record Officer will also stop further payment of pending enquiry award:—
(a) on receipt of order of the Government regarding acceptance or rejection of the claim, or
(b) if definite information, duly verified, is received through service sources, the local civil authorities or Soldiers' Sailors' & Airmen's Board or officers of Recruiting organisation, regarding the ineligibility of the recipient for special family pension.
In all such cases, the Record Officer will inform the Controller of Defence Accounts (Pensions) as to the months up-to and for which the pending enquiry award has been paid.
Adjustment of pending enquiry awards. V 48. (a) Disability pension claims.—(i) If the claim is rejected, no
recovery of the amount paid as pending enquiry award shall be made. (ii) If the claim is accepted, the amount paid as pending enquiry
award shall be adjusted by the Controller of Defence Accounts (Pensions) against the award of disability pension. ,
(b) Family pension claims.—(i) If the claim is rejected, the amount paid as pending enquiry award shall not be recovered.
(ii) If the claim is accepted, the amount paid as pending enquiry award will be adjusted as indicated below:—
(A) When the recipient of the pending enquiry award and the family pension finally sanctioned is the same, the amount paid as pending enquiry award will be adjusted against the award of family pension.
(B) In cases where ■:— (1) the recipients of the pending enquiry award and the family
pension finally sanctioned are husband and wife (or vice-versa), or
(2) the recipient of the pending enquiry award is the father of the deceased and family pension is sanctioned to the widow or the child of the deceased, or
(3) the recipient of the pending enquiry award waives his/her claim in favour of the widow and the family pension is sanctioned to the latter,
(C) All other cases will be submitted for ordeds of the Government. Pending such orders, the arrears of family piension to the extent of the amount paid as pending enquiry award Will be withheld from the recipient of the family pension. If the amount paid as pending enquiry award exceeds the arrears of family pension admissible, the balance will be recovered from the family pension in instalments not exceeding one third of the pension. Final adjustment, will be made on receipt of orders of the Government.
Review of cases. 49. The Controller of Defence Accounts (Pensions) will review
every four months all cases of pending enquiry awards to ensure that there has been no avoidable delay in sanctioning pensions.
50.
INDMENT TO PENSION REGULATIONS FOR THE ARMY, PART 11(1961) ■■■.■■,.
■'■;;■ i9/rvy67 ■:■'■; " ilatton 52-A lAdd the following as new Regulation—
TTransfer of pensions— ?2-A. (a) Except where specifically provided otherwise, pension
will he paid in rupees in India. Transfer outside India of pensions.of pensioners who retired on or after 21st August 1959 or who having retired before 21st August 1959 had not taken up residence outside India before that date as well as those of their dependants will not be permissible escept with the prior approval of the Government.
(6) A non-Indian pensioner (non-Indian by citizenship and not merely by nationality) who is a citizen of a country other than India at the time-of his retirement and who entered service
; before 10th September 1949 and takes up his residence in any country outside India will be eligible to get his pension transferred outside India.
(c) The Gohtroller of Defence Accounts (Pensions) or the Pension Disbursing Officer concerned may, on application and on sufficient cause being shown,, permit transfer, of payment of a pension from one station to another in India".
Vpt of D. letter."No. :92661/AG/PS4(c)/3850/D. (Pens/Services), dated 16th May, 1962].
- — — - — ■ — • " ■ • ' — — i — M M ^ a f c ^ — —
Regulation H(b}^_ Q S" N o ' ^ / V H / 6 S '
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(b) the balance of the pension, if any, or a sufficient portion there- - ^ ■*»<^>*J6\ of, shall be paid to such members of the pensioner's family as are dependent on him for their maintenance;
(c) the residue, if any, after the payments at (a) and (b) have been made, shall be paid to the pensioner on his regaining sanity and on production of a certificate by a magistrate to this effect. In the event of his dying while insane, it shall be credited to his estate.
Payment of pension by money orders. Q
58. Payment of pensions up to Rs. ttQCVper mensem may be made money order at the option of the pensioner, the money order com-
ussion being deducted from the amount of pension. This regulation lall apply only to pensions paid through treasuries and Pension Pay-lasters.
Attachment of pension by civil conrts. 59. No pension whether due or to become due can be attached by AJ/^-^/
rocess of any court until it has actually been paid. No pensioner can ^ / t * * ^ / 4 ' ssign or sell any interest in respect of a pension not then due. f) -^
Transfer of payment of pension jn India, i i Jf"*/*A?Ltrn<^+/ 60. The Controller of Defene< Accounts (Pensions) of the pension tr^z^^-^
isbursing officer concerned may, oh application and on sufficient cause y c, e JM~/J eing shown, permit transfers payment of a pension from one station fb^•■&-„ ) another in India. . \ . Cr~~/CL w £
A/or
Issue of supplementary instructions. 61. Supplementary instructions for the payment of pensions by the
tension disbursing officers on matters of detail not provided for in these ules may be issued by the Controller of Defence Accounts (Pensions) nth the concurrence of the Controller General of Defence Accounts.
In regard to pensions paid by the post offices, such supplementary instructions may be issued by the Director General, Posts and Tele-;raphs, with theconcurrence of the Controller of Defence Accounts ((Pensions).' ■ r V;'\
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i
63.
^J^"
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42
SECTION II—OFFICERS AND THEIR FAMILIES
Mode of payment.
64. (a) Except as provided in clauses (b) & (c) below, a pension! payable monthly (half-yearly in case of children's allowance at mothl less rate vide regulation 95 Part I of these Regulations) in arrears v | on or after the first day of the following month/half year.
(b) Pension may be paid before the end of the month in the fd lowing cases:—
(i) When the pension of an individual who was drawing it in Indfl is transferred to the payment of a pension paying officer ou | side India. (In such a case, payment shall be made up to anj for the day preceding departure).
(ii) When there is a variation in the rate of a pension consequer on the disbursement of the commuted value of a portion of (Payment at the original rate may be made up to and for tt day preceding that from which the commutation of pensioi| takes effect).
(iii) When a pensioner dies or ceases to be eligible for pension. (iv) When the first four days of a month are public holidays ol
which pensions are not disbursed by treasuries in India. (Ii such cases, the provisions of rule 340, compilation of TreasurJ Rules Vol. I as amended from time to time, will apply).
(c) Subject to the limitations prescribed in the relevant regulatior in these Regulations, a children's allowance (other than at motherlesl rate under regulation 95 Part I of these Regulations) shall be paiij from the date following that of the officer's death to 31st March nes ensuing, and subsequent payment shall be made yearly in advance fror^ 1st April in each year.
How and by whom arrangements for payment are made. 65. When an individual who has been granted a pension desires
that its payment from its commencement should be made at one of th^ stations in India specified in Appendix I, arrangements for its payment shall be made in accordance with the following procedure:—
The Controller of Defence Accounts (Pensions) shall forward the original copy of the pension payment order notifying the grant of pension and the conditions to which it is subject, to the prescribed pension disbursing officer and authorise him to pay pension from a date which should be specified. On receipt of the pension payment order, the pension disbursing officer shall make the payment.
Identification of pensioners. 66. (a) Except as provided in regulation 54 and clauses (b) to (d!
below, a pensioner must take payment in person after the pension dis bursing officer has satisfied himself as to his identity.
^
' . ■ ■ ■ ' 22/IV/67
5 t t April 1%1]. ; ■■-■-
previously examined him/her will be forwarded by the Controller of Defence Accounts (Pensions) along with his audit report to the competent authority for transmission by them to the medical board which is convened to examine the pensioner for the second time."
Min of Def letter No. A/01277/AG/PS4(c)/1327/D(Pensions/ Services), dated the 4th March 1967
Ministry of Finance (Def) u.o." No. 2310-Pen," dated the 15th May, 196tf
V. SHANKAR Secy, to the Govt. of India
Ministry of Defence
C, S. No. 48 / VII / 68 Regulation 66—
Substitute the following /or the existing clause (c): — "(c) A pensioner who produces a life certificate signed by some persons exercising the powers of a magistrate under the Criminal Procedure Code or by any Registrar or Sub-Registrar under the Registration Act, or by any pensioned officer who before retirement exeictsed the powers of a magistrate, or any Gazetted officer of Government, or by a munsiff, or by a police officer not below the rank of a Sub-Inspcctor-in-Charge of a police station, or by a Po;;t Master, Departmental Sub-Postmaster, or an Inspector of Post Offices or by a class 1 officer of the Reserve Bank of India, or by an officer of the State Bank of India, or by a Sub-Accountant appointed as an Agent or as an Accountant at a branch of the State Bank of India, or an officer of a subsidiary bank of the State Bank of India, or fay the Head of a Village Pandiayat. Gram Panchayat, or Gaon Panchayat, or by the Head of art Executive Committee of a Village, is also exempted from personal appearance."
Ministry of Defence letter No. A/23084/AG/PS4(a)/9256/D{Pensbns/ Services), dated the 11th December 67
Ministry of Finance defence) u.o. No. 1687-Pen of 1§M. =
43
(b) A pensioner specially exempted by the State Government or Administration from appearing in person, a female not accustomed to appear in public or a pensioner who is unable to appear in consequence of bodily illness or infirmity, may. receive his or her pension through a representative upon the production of a life certificate signed by a responsible officer of Government or by some other well-known and trustworthy person^ /':. .(c) A pensioner who produces a life certificate signed by some per
son exercising the powers of a magistrate under the Criminal Procedure Code or by any Registrar or Sub-Registrar under the Registration Act, or by any pensioned officer who before retirement exercised the powers of a magistrate or any gazetted officer of Government or by a murisiff or by a police officer not below the rank of a Sub-Inspector-in-Charge of a police station, or a Post Master, Departmental Sub-Post Master or an Inspector of Post Offices or by a Class I Officer of the Reserve Bank of India, or a Staff Officer or Staff Assistant of the State Bank of India is also exempted from personal appearance.
(d) In cases referred to in clauses (b) and (c), the pension disbursing officer must take precautions to prevent impositions, and must, at least once a year, require proof independent of that furnished by the life certificate, of the continued existence of the pensioner. For this purpose he shall (save in cases of exemption from personal appearance granted by the State Government or Administration) require the personal attendance and due identification of all male pensioners who are not incapacitated by bodily illness or infirmity from so attending, and in all cases when such inability may be alleged, he shall require proof thereof in addition to the proof submitted of the pensioner's existence. A pensioner of commissioned rank may be privately identified by the pension disbursing officer and need not be required to appear at a public office.
(e) The pension disbursing officer shall be personally responsible for any payment wrongly made. In case of doubt he should consult the Controller of Defence Accounts (Pensions).
Certificate regarding employment under a Government outside India or in a commercial firm.
67. A pensioner of commissioned rank, whether drawing pension in India or outside, shall he required to furnish a certificate showing whether or hot during the period for which pension is claimed, he was employed—-'.
(a) under a GovernmeAt outside India, and <b) in the case of an officer of the rank of Colonel or abow, m a
, commercial firm),; within two years of retirement vide regulation 18 in Part I of these Regulations.
In cases where prior; permission of^Government to such employment had npt been .obtained, payment of pension shall be suspended ftom the date of employjment and the case; reported for orders of the President
44
Payment of pension in respect of deceased pensioners.
68. (a) Subject to provisions of clause (b), arrears of! pension or gratuity due to theestate of a deceased pensioner may be paid to the legal heir on production of a certified copy of the probate of the will, if any, lelt by the deceased, or letters of administration granted by a court of law
^ or an indemnity certificate signed by two responsible persons that the 7 tQ claimant is the legal heir and that they hold themselves responsible for the
rehind of the amount paid, in the event of any future claihi being preferred. it the legal heir 1S a minor, payment shall be made td the legal guardian or when there is none, to the person appointed by k court of law.
<b) Claims to arrears of pension preferred after the expiration of one year from the pensioner's death may be admitted in full by the Controller of Defence Accounts (Pensions), if he is satisfied with the claimant's explanation for the delay; if he is not satisfied with the explanation, he shall obtain orders of the President.
69.
70.
SECTION III—JUNIOR COMMISSIONED OFFICERS, OTHER RANKS AND NON-COMBATANTS (ENROLLED) AND THEIR FAMILIES
Mode of payment. 71. (a) Pensions shall be paid in arrears. The frequency of pay
ment shall be as shown in Appendix III. (b) Junior commissioned officers/other ranks granted Temporary
Commission/Short Service Regular Commission direct aind pensioned Junior Commissioned Officers holding honorary commission or granted honorary rank on retirement may, if they so desire, draw their pensions monthly in arrears, irrespective of the station at which they are drawing pension.
(c) The provisions of sub-clauses (i), (iii) & (iv) of! clause (b) of regulation 64 shall also apply.
How and by whom arrangements for payment are made. 72. When an individual who has been granted a pension desires
that its payment from its commencement should be made at one of the
AMENDMENT TO PENSION REGULATIONS FOR THE ARMY, PART II (1961)
24/IV/67 ' Regulation 73 ...
■" (a) In clause (c), line 1, after the words "given by" insert "a retired gazetted officer pensioner".
.'(&) For the existing 3rd and 4th sub-paragraphs of clause {d) of the Regulation substitute the following:—
"The Political Officer at Sikkim or Bhutan will obtain once a year a life certificate from Sikkim/Bhutan Government for
«veiy such pensioner residing in those countries. Gorkha military pensioners resicl ing in Nepal will themselves be responsible for furnishing annually a life certificate signed by two military pensioners not below the rank of Havildar and countersigned by an official of the Nepal! Government."
1M. of D. letter So. A/11724/AG/PS4(a)/6884/D. (Pensions/Services) dated 28th June, 1965]. j
■
^
45 stations in India specified in Appendix I, arrangements for its payment shall be made in accordance with the following procedure.:—.
The Controller of Defence Accounts (Pensions) shall forward the original copy of the pension payment order notifying the grant of pension and the conditions to which it is subject, to the prescribed pension .disbursing officer and-authorise him to pay the pension from a date which should be specified.
The Controller of Defence Accounts (Pensions) shall also prepare pension certificate on IAFA-373 and forward it along with a copy of e pension payment order to the Record Officer concerned. In the se of a family pensioner, a duplicate copy of the descriptive roll on
AFA 366 shall be forwarded in addition. On receipt of ithese documents, the Record Office shall take the
oUowing action;:--(a) in the case of service and disability pensioners.—-Complete the
dividual^ descriptive roll (IAFA-369) with the number of the pension yment order (with the exception of which the descriptive roll should
e kept complete) and forward it along withjdlephotogra^ o^the pen-ioner to the pension disbursing officer concerned by"Tegistered post; fiaiid
over the pensibn certificate to the individual and instruct him to present t to the pension disbursing officer concerned; if the individual has al-eady left the unit, send it to him by registered post.
(b) in the case of family pensioners.—Hand over the pension certi-cate to the individual or send it by registered post with instruction to resent it to the pension disbursing officer concerned; forward the dup-icate copy of the descriptive roll (IAFA-366) to the pension disbursing -fficer concerned by registered post.
On receipt of the descriptive roll and the pension payment order, e pension disbursing officer shall make payment. Where, however,
he pension payrrient order is not received by him before a pensioner ppears for receiving payment, the pension will be paid on the autho-ity of the pension certificate. The payment thus made will be treated s provisional and will bexflnfirmed afterjveruication from j fe pen-
siori paymenForder which will be called foTTroni the Controller of Defence Accounts (Pensions) immediately.
Identification of a pensioner. 73. (a) Except as provided for in regulation 54 and clause (b) be-
"ow, a pensioner must take payment in person and shall be identified 'by comparison with the descriptive roll and pension certificate. In the cse of service and disability pensioners, they will, in addition, be iden-'fied with reference to their photographsl
(b) In the case of severely wounded and infirm pensioners and emale pensioners who are not accustomed to appear in public, per-
nal attendance is not necessary. Payment shall be made to a repre-ntative of the pensioner on the production of:—
(i) pension certificate,
46
(u) a certificate signed by a responsible Government officer dr by some other well known and trustworthy person that the pensioner is alive. The certificate must bear the signature/ left thumb impression of the pensioner taken in the presence of that officer or person.
(iii) a written authority from the pensioner to the representative bearing the signature / left thumb impression of the pensioner together with a specimen of the signature or thumblmpression of the representative. fJ iX, ■ »
(c) If the certificate referred to at (b) (ii) is given by 'C Junio Commissioned Officer/Junior Commissioned Officer pensioner, a ,sub inspector of police, a sub-post master drawing not less than Rs. 50 p.m. a tehsildar, a village headman, a patti patwari (in the case of Garhwal pensioner resident in Kumaon), or the head of the village panchayat who is acquainted with the pensioner, it shall be accepted by the pension disbursing officer, if he has no reason to doubt the veracity; o such a certificate. He shall inform the pensioner's representative of: an~ further guarantee which he may require to safeguard the payment being received by the correct person. He shall also make independant enquiries once a year to satisfy himself that the pensioner is still alive.
(d) In the case of a Gorkha pensioner living in Nepal who is physically unable to apply for his pension in person, payment may be mad through a pension disbursing officer in India or under arrangements by the Indian Embassy, Nepal to a representative under the conditions prescribed above but the life certificate shall be signed by either two male pensioners if below Junior Commissioned Officer's rank or by a pensioner of Junior Commissioned Officer's rank acquainted with the pensioner;
In case of pensioners residing in Sikkim and Bhutan who are physically unable to draw their pensions in person, payment may be riiade by the Political Officer there, through a representative in accordance with the procedure indicated above.
t.
The Indian Embassy in Nepal or Political Officer at Sikkim /-Bhutan will obtain once a year a life certificate from Nepal/Sikkitw /Bhutan Government for every such pensioner residing in those countries.
Particulars of such pensioners residing in Nepal who draw their pensions from pension paying authorities in India, will be forwarded by those authorities to the Indian Embassy, Nepal for obtaining life certificates. ■ •
(e) The pension disbursing officer is personally responsible! for any payment wrongly made. In case of doubt he should consult! the Controller of Defence Accounts (Pensions).
"47
Withholding in whole or in part of pension of a pensioner who is convicted of a serious crime or is guilty of grave misconduct not of a ^
political nature. ^ > 74. If a pensioner is convicted of a crime by court of law or is
guilty of grave misconduct, which Is not of a political, nature (see regulation 119,.'Part.I of these regulations), the following procedure shall be followed:—
(a) If a pensioner is sentenced to imprisonment for a criminal offence, his pension shall be suspended from the date of his imprisonment _ and the case reported by the Controller of Defence Accounts (Pensions) for the orders of the competent authority. In a case where a pensioner is kept in police or jail custody as an under-trial prisoner and is eventually sentenced to a term of imprisonment for a criminal offence, the suspension of pension shall take effect from the date of imprisonment only.
(b) The competent authority shall decide in consultation with the Controller of Defence Accounts (Pensions) and if neeessary, with the civil authorities also, whether the offence is a serious one and if so, he shall order the removal of the pensioner's name from the pension list, from the date of the commencement of his imprisonment. Pension there-
lupon shall cease to; be payable from that date. : (c) If the competent authority decides that the offence is not so
serious as to justify the removal of the pensioner's name from the pension list, it shall not be removed; the payment of arrears of pension due from date of last payment before imprisonment shall be made on release-from prison:
(d) If a pensioner is sentenced to imprisonment for a criminal1
offence by a lower court but is acquitted, on appeal, by a higher court, the pension withheld shall be restored.
<e) If a pensioner is imprisoned for debt, pension shall continue to* be paid. , : ' .\ ■ ^^
(f) If a pensioner is guilty of grave misconduct not falling under the preceding clauses, it shall at once be reported to the competent authority who may, if he considers it justifiable, order the suspension: of his pension froth a date to be specified; The competent authority shaU subsequently investigate the case in consultation with the Controller of; Defence Accounts (Pensions) and if necessary the civil authorities, and---
(i) either authorise the withholding of pension in whole or in part. from a date to be specified by him not earlier than the date of priginal suspension; or
* J
■119 \
(ii) authorise eontiTmance in full. Withholding of pension of a pensioner who is convicted of a crime or is-
guilty of misconduct of a political nature. : :
75. If a pensioner is convicted of a crime or; is guilty of misconducts of a political nature (see regulation, 119 of part I of these Regulations^.
48
his case shall be reported by the Controller of Defence Accounts (Pensions) to the competent authority, who, on the recommendation of the State Government or Administration concerned, may order the withholding of his pension (service and disability pensions, , family pension drawn by adult males only, and children's allowance) !from a date to be specified. In a case in which the pensioner is sentenced to imprisonment, pension shall, pending the orders of the competent .authority, be suspended from the date of his imprisonment.
0?J
Restoration of pension withheld. 76. A pension withheld in whole or in part may be restored in
full or in part (see regulations 119, Part I of these Regulations) by the competent authority in consultation with the State Government or Administration concerned in political cases and with the Controller of Defence Accounts (Pensions) and the civil authorities, if necessary, in other cases. In the case of a pensioner undergoing imprisonment, any action under this regulation shall only be taken on his application after release, but in no case,jhall^nsion_be^jictione^_for^thej)eriod of mprisonme!irm]|ur^ ' " " ~ " "--
1*0-
Withholding of disability pension of a pensioner who does not disclose his disability on re-employment. \
77. A disabled pensioner who obtains re-employment in the Armed Forces without disclosing the fact that he was previously discharged from service for medical unfitness, shall not be entitled to from the date of his re-employment, any disability pension admissible to him in respect ■of his previous service with the Armed Forces.
(xj^iyment of pension /gratuity in respect of deceased beneficiaries.
v. \f i f
5 ,KV)
78. (a) Subject to the provisions of clauses (b) to '(e) below, arrears of pension due to the estate of a deceased pensioner claimed I within three years of his death shall be investigated and paid to the heirs of the deceased by the officer responsible for the payment after SuBTeliqljiiry into the right and title of the claimant as he may deem sufficient If there is reasonable doubt regarding such claim qr title, the payment shall only be made to the administrator appointed iby the civil court.
(b) Claims to arrears of pension preferred (1) after tne expiry of three years from the date of death, also (2) claims to sums in excess of Rs. 100 preferred after 12 months from the date of death of the pensioner .and (3) claimsJo_arrears due for periods in excessjrfJ2jnojjtht)shall require the sanctiorToTthe Cohlrbller of Defence Accounts concerned before payment.
(c) Claims to arrears of pension on account of deceased Gorkha ^pensioners drawing pension from the following treasuries shall, however, subject to the general conditions laid down above, be disposed of J \
finally by the officers specified below instead of by the pension disburse ing officer or the Controller of Defence Accounts (Pensions) ■:—
Kathmandu treasury
Gorakhpur treasury
arjeeling treasury
arbhanga & Purnea treasuries.
Bahraich & Gonda treasuries.
Mily. Attache/Asstt. bassy at Nepal.
Mily. Attache to Indian Em-
The R.O. or Dy.R.O. & Record Officer or A.R.O. for Gurkhas, Kunraghat.
The Dy. R.O. & Record Officer or A.R.O. Ghoom, Darjeeling.
The Dy. R.O. & Record Officer or A.R.O. Ghoom or the Collectors, Dharbhanga and Purnea as the case may be.
R.O. or Dy. R.O. & Record Officer or A.R.O. for Gorkhas, Kunraghat (Gorakhpur) or Deputy Commissioner, Bahraich and Gonda as the case may be.
(d) When the exact date of a pensioner's death cannot be ascertain-the Controller of Defence Accounts (Pensions) shaflTiave~the power
admit arrears of pension for the entire month in which the casaulty urred, but when the moritK"or year oFdeath is not known the pay-;nt of arrears shall be limited to a period of one month.
(e) In case of Gorkha pensioners, the certificates of death and heir-p granted by mukhia of the Government of Nepal must be countere d by Military Attache/Asstt. Military Attache to the Indian Embas-
/, Nepal or the Recruiting Officer, Deputy Recruiting Officer and Re^ cord Officer, Assistant Recruiting Officer for the Gorkhas, Kunraghat or Ghoom, as the case may be.
(f) In case of claims to gratuity already admitted but where the payment thereof has not been made, the Controller of Defence Accounts concerned may sanction its payment, at his discretion, if an application therefor is submitted by the claimant within five years from the date on which the claim originally fell due.
- ^ C a s e s where the application for the payment of gratuity is submitted by the claimant after the expiry of five years from the date on which the claim originally fell due shall be submitted for orders of the Government.
Payment of life-time arrears of pension by money orders. 79. Subject to the provisions of regulation 61, the payment of ar-
s of pensions of deceased pensioners who were drawing their pen-s through treasuries and pension paymasters may be made to their s by money order provided the amount of arrears does not exceed 100 (Rupees one hundred only) in cases where the pension is payable thly, and Rs. 300 (Rupees three hundred only), in other cases.
The money order commission will be recovered from fhe arrears of sion remitted.
50
Payment of compassionate allowance to the widow or child of a Junior Commissioned Officer.
80. The payment of a compassionate allowance granted to the widow or child of a Junior Commissioned Officer shall be made in the :same manner as a family pension. If an individual who has been granted the allowance does not appear to draw it within three months (12 months, in the case of beneficiaries residing in Nepal) of the date o which it fell due for payment, the Controller of Defence Accounts (Per sions) shall ascertain the cause of the non-appearance and report fc Army Headquarters (A.G.'s Branch) all cases in which the allowance' have been surrendered by the death or disqualification of the recipient.
81.
82. 'A n >c
AMENDMENT TO PENSION REGULATIONS FOR THE ARMY PARTII (1961) ' ■■ 56/IV/67
Megulaiion 81 Insert the following as a new Regulation:—
"Money Order Commission on payment of gratuities made by Money Order, '
81. Money Order Commission on remittance of gratuities admissible under these Regulations will be borne by .the State".
; [(») M. of D. letter No. 88444/AG/PS4(a)/10627/D. (Pensions/S ervices)> dated 28th December, I960].
(ii) M. of D. letter-No, 88444/AG/PS4(a)/281-IS/D. (Pensi.ons/S ervices), dated 9th Augnst, 1961]. .
■ JM M,of D. letter No. 88444/AG/PS4(a)/286'6/D. (Pensions/Services, '-':. .'.. dated 9th April, 1962], V-, r
HisgewsT»ggg>a.!i?-j yJ».HA- jt-:...%TEgas
Money Order Commission on PsTrnest of Gratuities
Si . Money . made hy Money Qrdsr
order Commission on_j:mittascj of sratniues .' admissible under taese Revelations grHTbe bora; by staT
CHAPTES rV'-A
SasDecsion, discGntinnance or fritbhoIdLns in whole or Li;. of peosios (including commuted falcg iaer?ot pjyoj and gratniry QgduQing" DSS^nm-Retirerotat GrstsitrU. ncflsr venous ciregiasTsnces—CoHi!ii!S.sn3o^j OScsrs, p*rsccaei SeW orecer rank, isclading .NCs'E^. !i:e;r famii;g_asa deperoants."
82. .ScsDcnsio::, discontinc^nc: ' -<^6T a pensioner ■ vbo -is/cony'iciec-
or_ ss gouty or /grave a t sconau" fco
22-(a) If a pensioner tniamut osertc;, ais pension
authority custody as aa ander-trial pnsonr a term oi imprisonment fo;
a serious one anc i; lorjef s name ra-n* of his"
Tror
■i
gessioner is_corjy;-;ea or a crime by c£urj_oit.s grave nusconatict, s m c a 15 DOE QI a coiiticaj 2 "Drucmsri s'uali be :
:-i-owea
a case where a peasioc:r is ktp
3 2. {bl -Xfac competent anthority shall decide with the Chief ComroTler 01 Diiea necessary^ wi:h the avi
HC'QIBCa?
i32_(e) If the competent aalbonrv didoes that the oS j o j c n o m a a to justify the removal of the- peruiopc-IS^2^lSKLa_U5liJi^ijs.il not be'removed, the Daymen: S ^ c s i o n ^ i i e j i ^ s j E r H a t e ^ ghail be made on release from prison.. -t A <jj 7 T £ \ I ) ^^-1^) If a pensioner is sentenced to unomanmect for a criniraaj £\QWi -itSSZHlSCg^o^exj^nillbutis acq"5T[ted. on appesi, by a higher . * /~^
-' 2^*1.. J f a peasionerisin^mpri'soiicient for debt.l^enijon shall conUaiic t o b e paid, "—' ~"
.oy nojj;t mai?s cn.v. ac flrcar tae wiiEnOiUicK or nrs
. _ j ^ m c a X iaxGiiv pension a raws iHiilS^iloiaEcs) tropi a aad to be
If ^ritcb- the DtjaiincePis ssaiincacTTb
^^a-^sa_ihs Carc_arjiiis_ itaprisopms-"
CO a c ; r
i i
:&:. *>« i
aJCTwegaaeBssajgaaaBtSi^gig
'3. 5-
: I '
$ i>£0 lA-i- I f ^ f*.- °f £"-»'*, JV ffy, ^^f. ,^^,'^i-,
&r ^*J-ffL-h wife- rr O^t-^ Jj4-**~^<£j"h' \
oension with-«2B. J5estorati£[i^o^ pension wnESeToT^A held in whoie or in
~i^i;
^ ma>'jTg_rgstor;G in mil or in pan by the competent authority in consultation with tse ^tate Government or Adininistra,;;;;- concerned in ron
^ h n j i t i e s . if necessary, :n otner cases. _ m i i s ^ s e .
cat cascs~a5g~gitb "A~ccoTt5lT< t- eHsi ons ran d the civti
_ _ _ _ _ _ _ _ _ or withholding of pension 'of.a pensioner unaer Relat ions 3, i\ (8 aec iS> of Parr-l nt thp^ Regulations—In regard to casrs covered by Regulations 3, 5, IS and iy Pension Regulations for the Army, Part 1(1961) the procedure will be as unc— :—
fli _ (a) _ ^ r e p a s s i n | orders regarding withholding, suspension TJ or discontinuance o: tifs whole or part of__pensTon imclucing
IheTccr which aas~~cot greo paid) children's commuted value _ ^ aT^_____jlL^aIujJiIi t]_____^ejil_au___I a noti
c{ndia°.Dealh-j^m^£Ur^mem.7XrFaiuity) ;• hail serve jipon the individual pensioner,
__e ifyina the action proposed to be taken and calling upon him/her to submit ivithm 30 da^s of the rcceipTot" the notice 1 fcr such furtner tinie~nc-f sscceoing 3U days as rnay~pe aJiowcd by j tc- competent authority; sucfT representations as he/she may yviss '" to matte against the proposal. ,
"_-2- C (b) Take the representation, if any, received daring the prescribed period inio__jr_ree ration.
„2_ c , (c) .Having tak^a__aciig_ri as indicated at (?) anft fh) shriv, the crr^p?'^Tj___l_!_H]'.v *h a , ! dedde and is.M!r- nrrirrs in wi-Tjjna
; ^ U 2 children'* [pa whether the
or disu)ntiai__t__wfc_. allow an re acuity or part ther£of_____ orrJers in the case or'pension and, children allowance wiil apply nefrnanenilv or only tor's specified period!
gJ2^2_(d) An appeal against the decision of the competent_anjbority ID case fa i iirvtf_unger regulation h_can be made to theappeiiate
Tfi"e_apptiLaLe_auihp_rity will be tae frcsiaent in the author;!,. . .. case_of ComrJussifljisljjmcgrs through tbe\GOC-in-C{ Command injghosff jnruidiciiop the office ot the individual is located. . in the case of personnel beiq___5cer_raali:, trie appeal-ftnrbc" made irii^ugrnriFRecord Qfsce conceraea. . ., ;
^ S cJt} r- Tritfae case of personnel belovy officer rank, the eom-^^t^t_au{5orTty/appeUste authority will consult the CCDA (Pen-
passing rinal orders. In the event of difference of opinion between the&c aathoniiea ana i&e CLLDA (i*).
" Ljatter will~be referred to the Gareninieiitjat India; : " ";
■ * - > ' . -■^r$- ■ i\< r-
CHAPTER V—LIMITATION OF CLAIMS
SECTION I—GENEKAL
Claims for the initial grant of pension or allowance or gratuity. S3. Save as otherwise provided in sections II & III■:—
(a) first claims for pension or allowance and claims for gratuity, under these Regulations, preferred within 12 months of the date on which they fall due shall be entertained and paid with full arrears, if otherwise in order ;
<b), those which are not preferred within that period may be admitted with full arrears, if the pension sanctioning authority concerned is satisfied with the claimant's explanation for the delay in their submission; if he is not satisfied with the explanation, claims shall be submitted for orders of the Government.
84. ':'■'"
&l^^" " ' " ' : : : S ! p ^ O M I H ^ F W S Atffi THEIR FAMILIES
Special provisions for claims to pension in respect of widows. 85. In the case of widows of commissioned officers, pension shall
f normally be awarded from the date of application. Arrears prior to fthat date shall be paid as follows :—
(al If application for pension is made within six months of the officer s death, full arrears shall be paid.
(b) If failure to apply for pension within six months of the officer's death is. in the opinion of the pension sanctioning authority, due to satisfactory cause (e.g., serious illness of the widow}, payment of arrears prior to the date of application shall ordinarily be limited to a period of six months.
(c) If a widow is unable to furnish a statement or a reasonable estimate of her income in cases where such a statement is necessary, within six months of her husband's death but completes and submits her application for pension within that period, full arrears shall be paid if subsequently found eligible for pension.
(d) In case of death of an officer prior to the settlement of his dis-ty pension claim, the time-limit of six months shall 4be reckoned
rn the date of orders of the Government sanctioning the grant of dis-ty pension.
51
52
Claims to arrears of pension by pensioners who fail to draw their pensions.
86. Unless otherwise provided, a pensioner who fails to draw ' pension for a period of 12 months shall be struck off the pension e blishment.
If he thereafter reappears to draw his pension, he may be readmitted to the pension establishment, if he accounts for such failure to ther satisfaction of a competent authority.
That authority shall, at its discretion, grant or withhold the arrears of the pension or any portion thereof.
87.
SECTION III—JUNIOR COMMISSIONED OFFICERS, OTHER RANKS AND NON-COMBATANTS (ENROLLED) AND THEIK FAMILIES.
■ " \
Claims for initial grant, revision and re-assessment of pension or allowance or gratuity. *
88. <A) Except as provided for in clause (B) below, claims for the first grant, revision and reassessment of pension or allowance in respe of the categories specified above shall be dealt with as follows :—
Claims preferred after 12 months from the date; on which they fall due shall be entertained, if otherwise in order, with arrears as indicated below:—
(i) Where arrears are due to rectification of a mistake in assessing or reassessing a pension, etc., or to revision of a pension, etc., which is not revised through inadvertance at the time ■of a general revision.
(ii) Claims to first grant of a pension, etc., or to revision of a pension etc. in cases where reassessment is to be made only on the submission of a claim.
Full arrears subject to the maximum of five years preceding the date of the pension payment order in which the correct or the revised rate is notified.
(a) Where explanation for the delay is considered jFufl arrears subject to the maxi-by the pension sanctioning authority to be / mum of five years precedin satisfactory. the date of pension pa;
order in which the av?;. notified-
53
(b). \Vhcrc no action JS txkcn oa a petitioner .it is- Up 'to threeyears preceding the ^ e n . d , ° W t l l l l r 0 , ! g ^ e r r p r a n c n ? x e a p ) ? l i c a n t dateofthelppHcationwhkhil
■ ' ^ a ? L r C P r f S e ? ^ CaSe a g a , n f o r m o r e P^ued to alnality and bads man a year alier that. . \ \ . to the. grant of a pension,
■ etc., subject to the maximum pt five years preceding the
,- date, of the.pension payment ..order in which the award is
notified. (c) Where explanation for the dealy is considered: ■ From the date of the application
by the.pension sanctioning authority to be un- ■ subject to a maximum of .satisfactory. , t h r e e y e a r s p ^ ^ t h e d a t e
of the pension payment order in which the award is notified,
m e n ™ n . " n f ' ^ h e r e Vun9ns ^ u i r y a w a r d ? i n ^ue , the date o f com-If waisanctioned * f r o m w h i c h t h e p e n d i n g e n q u i r y a w a r d V
«r th?^"-^?° r^i?**^ a s a l s 0 a n y C a s e in which the grant of,arrears in excess cirJ I E ? I f * r o d t ° above is considered to be justified in view of the special circumstances, of the case, should be referred to the Government of India for orders.
■ ° ? ^Firsf c l a i t u f o r f ami jy Pension preferred after the disqualification of the claimant shall not be entertained.
, J 9 T-he Provision of this regulation shall apply to claims for transfer :Oi family pensioned 50 per cent increased children's allowance (but * 0 t tot?6 continuance, of family pension, regarding which see ffegula-tion 230 (v), Part I of these Regulations. %
. In regard to claim for transfer oOamily pension to the widow fender regulation 229; Part 1 of these regulations! however, the period u ■ ? m ? l l t b s WlU r e c k o ] 1 ft'om the date on whicMntimation regarding
the death or disqualification of the recipient of the^amily .pension is received by the Record Officer concerned from the Controller of Defence Accounts (Pensions); or from any other source. > # .
(D) In cases of death of individuals who are invalided otu of service and who die prior to the settlement of their disability pensions* claims the time limit of 12 months (under |.egulatio 11 :.'8.l'ind clause (A) abqvcjfor the purpose of special farruTy pension claims sMll be reckoned ? froinfhe date of the pension payment order in which the award of disa- [
bihty pension is notified. \ )
.;.. NOTE.—However, in cases where the death of a pensioner who was in receipt of :
a-:disability pension for .a ..limited ;period, occurs before the grant of con-M n c e of disability pension .notified, in a pension payment order, the '■ ,f time limit of 12 months for;.the-purpose of family pension claim will be A ^ ' reckoned from the date of the individual's death. ^ - J
■ B) (i) Claims to gratuity preferred after 12 months but within three *>-years of the date on which they fall due shall be admitted in full by the | J W
Controller of Defence Accounts or other officers authorised by him concerned. . '■; 5^-115 Army/61
M _ » ,
54
$1®^ (ii) Claims to gratuity preferred after three years but within five V w ' y e a r s °f t^6 ^ a t e o n which they fall due may, where the explanation ? $ . ■* far the delay is considered satisfactory, be admitted by the Controller * $p?' of Defence Accounts concerned without any reduction in the amount * " , „ , thereof.
I (iii) Claims not covered by sub-clauses (i) and (ii) above shall be submitted for orders of the Government.
Clainis for counting former service for pension and gratuity, 89. All claims to count former service for pension submitted by
■.!Y--;.*:T' ;' Record Officers will, if otherwise in prder, be admitted by theiGpntroller .-,-,'- ■■■ of Defence Accounts (Other Ranks))or other officers authorised; by him. ..:,•., In cases, however, where the delay in preferring a claim exceeds 12
months from the date when it fell due, the claim shall be admitted in full by the Controller of Defence Accounts (Other Ranks) or other officers authorised by him and a report of the late submission of the claim shall be made by him to the next superior administrative authority for such action as may be deemed necessary by the latter.
Definition of "claimant". 90. The term "claimant" for the purpose of regulations 83:, 88 and
89 shall mean Record Officer. ~"~' Claims to arrears of pension / unpaid gratuity.
.-i"- ■. l 91. (a) Claims_tq _arrears of pension preferred wJAjn_ajgeriod_-of o /{£/ 12 months of "the due dateTshaH be entertained and paid by the: piensTon
0-^ 'J>- "HIsBufsing officer if otherwise in ofder."''Craim^ipreTerfed*_afS'if^^ ex-$t ^' Piry °£ °I2£ y.ear an<^ within_three years shall be entertained and_paid
.<' by the~cc^p^etentXu.thQrity if it is satisfied with the cl'airnanf s iexplana-tion for the delay in drawing the pension. ;
(b) If after the expiry of three years no explanation has beejn received of the cause of a pensioner failing to draw his pension, he:shall be struck off the pension establishment. If he thereafter reap_rje_ars]Jc^raw_ his pensionjie _may__be_ readmitted tojhe_pension estaBlish_merjLt_jji_he_ac-onlnTsToF^^ to_th~e_satisfaction of the com-
'pjkenlTauthojity. That authority shall, at Its "discretion, ^grahtjor withhold the arrears of the pension or any portion thereof. |
* MAP ^ ^n c a s e °^ c l a m l s t 0 gratuity already admitted but where the l^ttjf/^- payment thereof has not been made, the Controller of Defence Accounts %, * / concerned may sanction its payment, at his discretion, if an application
■■> therefor is submitted by the claimant within five years from the date *if o n^M?L t nJL$k"m originally fell due. : ""' """'
'^f §y Cases where the application for the payment of gratuity is submit-<JP' fr 4^ted by the claimant after the expiry of five years from the date on which i ^ : - the claim originally fell due shall be submitted for orders_of jthe Gov-1 ernment *"~~~ "" ~ *~
r - ■ ^ i
92.
X: ;:AMENDBIENT TO T H E PENSION REGULATIONS-FOR ARMY,. ;■ . P A R T I I (1961)
;>:> ' 27/IV/67
.Regulation 93 *
Insert the following as clause (c) to the Regulation ;:— "(c) A public claim, against a soldier or a regimental debt 'due
from him or a regimental claim which the President may direct . to be recovered will be recovered from the gratuity admissible-
to- his widow under Regulation 247, Pension Regulations (Army) 1961, Part I" .
[Corr. 83/62 to AI17/S/57]. .
suo : Recovery ol Excess/Wrong Payment of pension/Govt. dues and Public claims from pension.
* * * * * * * * * * * During the course of spot audit, it has come to the notice of this
office that some Pension Disbursing Authorities are not aware of the rate of recovery of excess payment/Wrong payment of pension, from pension.
2. In this context, it is mentioned that the Regulation 94 and 95 of Pension Regulation for the Army Part-II (1961 Edn.) and corresponding Regulation on the Navy and Air Force and Para 28.6 of Pension Payment instructions, provide for recovery of over is^ue of pension/Govt. dues in monthly instalment of One-third, However, as clarified by the Ministry of Defence, new Delhi, the rate of recovery of excess payment/overpayment will be as under: -
(i) Not exceeding 173rd of the net (Pension plus relief), payable each month without the sanction of the Competent Authority and without the consent of the pensioner.
(ii) Higher instalment after obtaining consent of the pensioner. (iii) Lump sum against the arrears due to revision of pension,
without the sanction of Competent authority and without the consent of the pensioner.
(3) In view of the above, it is requested to issue a circular to all Treasuries/Link branches/PPOs under your jurisdiction, for compliance.
■:te of :..!! be ved in
graven ence n in than ough pcn-who deci-
; ther " 'fn-
■ rh
- the-ig t' oiler out-
past-n l 2 i is
■' rate
C.S. No. 114/VH/70
Regulation 14—
Add the following at the end of the second sub para:—
"A.M.G. officers (including Ex-IMS officers) governed by Regulation 29(b) have, however, no option to elect pension under the Old Pension Code."
File No. AI01543IAGJPS4{C) Ministry of Finance (Def,) u.o,
• . ' JVb. 1776-Pen dated 29-4-70
,S&Le& -C-&2P ,,?:
7"-<j
VI—RECOVERIES AND OVER PAYMENTS
. SECTION; I - ^ G E N E R A L
public claims, regimental debts and regimental claims from pension
j 93. <a) Subject to the provisions of clause (b) below, a public p against a pensioner, a regimental debt due from him or a regi-jtal claim which the President may'direct him to pay, shall be re-jrable from his pension, gratuity or commuted value of pension.
, (b) A public claim or regimental debt, shall not be recovered from disability pension of an officer or soldier, except under the special trs of the President. - , ' " . ■ " ' , - >, , , .
of recovery of public claims (other than overpayments of pensions), regimental debts and regimental claims
[4. Public claims,.other than those on account of overpayment of .(for which" see regulation 95 et seq) regimental debts and regl-Baims which the President directs an individual to pay, shall-fed as under:— ±. * , „ *■■■ Retrenchments on account of excess issues of pay and unau^~ expenditure, stoppage sother" than those awardecTlirider the """; the value of losses and-aTToThef claims for wn'icFTjOvern-V; an officer liable, shall be recovered in nionthly instalments
J5;,,:^rd_^f_^p_ej^rrjmtil the full claim iFTiquTdated7''A "competent pty may, if. it is satisfied that there are reasonable grounds for
course, which must be recorded in writing, relax this regulation t'der recoveries to be made in smaller amounts which in no case
Jxceed: twelve instalments, in number. ,. '.-,- ^ In the case of public claims otoer t.han_ those j£ecifi.ecHij_.aub-
i; I) .above and regimental debts which" are noFdl'sputed, the Corn-ting Officer/Record Officerl5FTIie"~persorr ^aTnsf"l?Eom the claim t'de or from whom the debt is duejnay order the_r^coveryjof_the
\t from his pension in such instalments"as"lKe"CommandTng Officer R)fd Officer considers reasonable. L(iii). In the ease, of a regimental debt where the. person from whom [due disputes, the correctness of the amount or repudiates his liabi-such debt becomes a regimental claim and shall be recovered only
Ir the orders of the President. f(iv) The mode of recovery from disability pension shall be deter-ti by President in each individual case.
Me If the individual is eligible for a gratuity in lieu of a _rjension„or commuted a portion ol his pension, the"""wEole amount of the
[ojallTje recovered in one instalment^from the gratuity or com-?*alue of the pension, as the case may be,
■ . . . ' : ■ 55 '
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56
Overpayments oS pension >-v
■^;'/ 95. (a) Overpayment of pension in India due ^Lnd.udmg_thos_e..dije to misinterpretation of regulations iL9|j?e j eep veered, but"shaff be reported to"the .Presldl 'troller Tien era! of Defence Accounts.
Any case in which there is a doubt or a difference of opinioi ween the Controller of Defence Accounts (Pensions) and the aull, referred to in clause (b) (i) as to whether the overpayment was d1
an error in law, or due to misinterpretation of regulations and ofr shall be submitted to the President tlirough the Controller Gene/' Defence Accounts for orders.
' Cases of overpayment in such circumstances outside India shaf reported to the President through the Controller General of T Accounts for orders. }ej
,/. (b) Overpayment of pension due to any other reason (in q-f,those involving fraud or grave misconduct) shall be dealt with-'
lows:—
J>,
(i) Those challenged in audit within J2 months from thl Payment—If a pension is payable, further payments! made at the correct rate and the overpayment reco| instalments of one-third of the pension.
If the circumstances leading to overpayment disclose fraud c ..misconduct, and in the opinion of the Controller of XI Accounts (Pensions) warrant the stoppage of the p e r j full or recovery of overpayments in instalments of m<^ one-third of the pension, a report shall be submitted (; the Controller General of Defence Accounts in cases ? sions drawn outside India) to the competent authority shall decide each case on its merits and communicate hiL sion to the Controller of Defence Accounts (Pensions). FtJ adjustment as may be necessary will be carried out by thej troller of Defence Accounts (Pensions) on receipt of orders.
If no pension is admissible, payment shall cease immediate!! error is detected and a report of the circumstances leaditl the overpayment shall be submitted (through the Contif General of Defence Accounts in cases of pensions drawrj side India) to the competent authority.
(ii) Tliose not challangetS in audit witMm 12 months from tint payment (including those where payments were mad] ly within 12 months and partly al a date or dates more t\ months anterior to the date oS challenge).—If a pens! payable, further payments shall be made at the corre!
C . S . No.. 4«/Vn/67
ydation 96—-
Substitute, the existing Regulation including the head'ng by the following : ■
"POWERS OF THE CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS) AND THE OFFICERS OF HIS ESTABLISHMENT T O WRITE OFF OVER-PAYMENT OF PENSION AND T O WAIVE AUDIT OBJECTIONS.
96. (a) Overpayments of pension not due to an error in law (includ ng a misinterpretation of regulations and orders) which a?e, from any cause, irrecoveraVe may be written off by the Controller of Defence Accounts (Pensions) or by a Joint Controller of Defence Accounts (Pensions), if in independent charge, up to an amount not exceeding Rs. 250/- in each case.
(b) In order to save time and trouVe over re'atively unimportant items, the Controller of Defence Accounts (Pensions) or the Joint Controller of Defence Accounts
; (Pensions) if in independent charge may, (at his discretion when he is reasonably statisfied that, all factors
■" cansidered, it is probably in ihe best interests of Government to do so) waive any audit objection on the payment of pension upto a Iirh'.t of Rs. 125/- in each case, brief ■reasons being recorded of the circumstances wh'ch, in his . opinion, justify the waiver, S'mrarly the Joint Con "roller of Defence Accounts (Pensions) may waive an audit objection upto a limit of Rs. 75/- in each case. A Deputy Controller of his office may exercise I he same powers upto a limit of Rs..'50/-and an Assistant Controller, or a gazetted officer incharge. of a section of his establishment, upto a limit of Rs, 25/- in similar circumstances.
(c) In cases where the whole or any portion of the expenditure al;hough not unjustifiable in itself, is not exactly covered by rule or the authority for the expenditure is insufficient, or fair proof that it has been incurred has not been provided- (for example, there may be an Ethsence 0f o n e o r m o r q sub-vouchers) the Controller of Defence! Accounts (Pensions).. or the Joint Controller
A M
bf. Defence Accounts (Pensions), if in independafl charge, may waive an audit objection upto a limit < Its. 250/- in each, case, provided—-
(i) that the expenditure is not of an intrinsically recurring nature; and
(ii) where the objection is based on insufficiency of sanction, that he is satisfied that the authority empowered to sanction the expenditure would accord sanction,if required; or
(iii) where the objection is, based on insufficiency of proof of payment, that he is of opinion that undue trouble would be caused if the submission of the ful proof of the expenditure having been incurred were insisted on, and he sees no reason to doubt that the
Is.- payment has actually been made."
Ministry of Finance (Defence) Letter No. 6372/ATP, dated 16-12-1959 id sub-paras <i) and (ii) of Rule 165 of F. R.-Part I.]
Ministry of Finance (Defence) u. o-No. 343-Pen. dated 15-2-1667.]
(V. SHANKAR)
Secretary to the Govt. of India) Ministry of Defence,
Sub : Recovery of Exce ss/Wrong Payment of pension/Govt. dues an Public claims from pension.
During the course of spot audit, it has come to the notice o office that some Pension Disbursing Authorities are not aware of th( of recovery of excess payment/Wrong payment of pension, from pens
2. In this context, it is mentioned that die Regulation 94 and Pension Regulation for the Army Part-II (1961 Edn.) and correspo Regulation on the Navy and Air Force and Para 28.6 of Pension Pai Instructions, provide for recovery of over issue of pension/Govt. di monthly instalment of One-third. However, as clarified by .linis Defence, new Delhi, the rate of recovery of excess payment/overpa.; will be as under: -
(i) Not exceeding l/3rd of the net (Pension plus relief), payable e month without the sanction of the Competent Authority and without the consent of the pensioner.
(ii) Higher instalment after obtaining consent of the pensioner. (in) Lump sum against the arrears due to revision of pension,
without the sanction of Competent authority and without the consent of the pensioner.
(3) In view of the above, it is requested to issue a circular to ail Treasuries/Link branches/PPOs under your jurisdiction, for compli
A..C.D.A,'
57
. and. a report of the circumstances leading to the overpayment shall be submitted (through the Controller General of Defence Accounts in cases of pensions drawn outside India) to the competent authority. Pending the. orders of that authority, no recovery 0 | the overpayment shall be made.
If no pension is payable, payment shall cease immediately the error - is detected and a report of the circumstances, leading to the
overpayment shall be submitted (through the Controller General of Defence Accounts in cases of pensions drawn outside India) to the competent authority. ,
(c) Action to be taken by the competent authority.—(i) On re-ipt of the reports specified in clauses (b) (i) and (b)-(ii) above, the upetent authority shall decide, subject to the provisions of sub-clause
below, whether the whole or any portion of the overpayment shall recovered or written-off or in cases involving fraud and misconduct
nether the pension shall be withheld wholly or reduced, and if so, permanently or temporarily, as the case may be, and communicate his decision to the Controller of Defence Accounts (Pensions).
Any amount withheld under this rule shall be adjusted against «Jth|! overpayment to the extent necessary.
' ■(h) In cases .of pensions drawn in India, overpayments made tiring the 12 months preceding the date of challenge in audit shall
, .x>t be written off unless it is absolutely impossible to effect recovery. (d) How recovery is made.—If the competent authority decides '
, that the overpayment should be recovered, recovery shall normally be effected in instalments of one-third of the pension unless otherwise : pecified in the orders. If no pension is payable, the method of ;covery shall be decided by the .competent authority (in corisliltatTon >ith ControneFof Defence Accounts (Penslonirin"cases of pensions
fawninIndia)- 7 y » - r j ? - ^ - /i£^£jt. : ^ . *owers of the Controller of Defence Accounts (Pensions) to write off CJ>^T<>
..' " overpayments of pension. ggfiofei-rf 96. Overpayments of pension not due to an error in law (includ
ing a misinterpretation of regulations: and orders) which are, from any cause, irrecoverable may be written off by the Controller of Defence Accounts (Pensions) up to an amount not exceeding Rs. 25Q in each case. ■ ^ „ ^ ^ _ _ ^ . ^ ^ ^
Overpayments indicating defective system or serious failure of audit )&tf£,k>st# ■.. '■ . ■ L - - #)Tf
97. Should the circumstances in which overpayment has been .~f" i. ;niade in any case reveal any serious irregularity or defect in procedure ^££ /?T" j* ?
or serious failure of audit for which the staff of the Defence Accounts -/^fjjfi^H* .Department is responsible, a full report of the case shall be made by \- '# ; the Controller of Defence Accounts (Pensions) to the Controller General of Defence Accounts who shall take such further action as may be necessary. '
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99,
SECTION III—-JUNIOR COMMISSIONED OFFICERS, OTHER RANKS AND NO-COMBATANTS (ENROLLED) AND THEIR FAMILIES.
Overpayments in India on account of erroneous grant of more than """" - — - one family pension.
100. Overpayments made consequent on the erroneous grant of ^ ^ more than one family pension to the same pensioner may be written
n y ^ ° f f b y t h e c o m P e t e n t authority provided that it is established that the ^ P ' overpayments were made in good faith and that there has been no
attempt to defraud.
Overpayments resulting^ from false certificates of widowhood or non-,s marriage recovery from pension,
V isf '■ 101. Overpayments of pension obtained by female pensioners on 0f'i~ presentation of false certificates of continued widowhood shall, irres
pective of the amount involved be referred to the competent authority for orders as to the manner in which the sum fraudulently"'"citiawn by the alleged widow shall be recovered from the pensioners' who signed the false certificates. Unless the pensioners who signed such'a certificate can offer a satisfactory explanation other than that they were ignorant of the. .widow's ..remarriage, the sum'obtained by the "alleged widow with the aid of the certificates shall be recovered from fhe pensioners who signed it in share proportionate to the pension which they are receiving, subject to the proviso that the monthly pension bf each pensioner shall not be reduced by more than one-third, f In a 'case of
•Jthrs nature no discretion shall be vested in the competent'authority to 1 waive the recovery from the certifying pensioners of the amount "irre-1 gularly paid. /
The provisions of this regulation shall also apply mutatis mutandis to overpayments of pension made to female pensioners who i submit false non-marriage certificates.
AMENDMENT TO THE PENSION REGULATIONS FOR ARMY, P A R T I I (1961)
28/IV/67 '■'.-,■■ - ■ .Regulation 98
Insert the following as a new Regulation:— "Recovery of disability pension from a pensioner . who is re-
employedjre-enrolled without disclosing Ms invalidation. ■ ■. 98. Any payment of the disability pension made after" the date oi
re-employment/re-enrolment to a pensioner who is re-employed/re-enrolled without disclosing that he was invalided out of service shall be recovered as under:—-' ~
(a) If he is effective,, from, his pay and allowances; and (6) if he is non-effective, from the fresh award of disability pensions
if any, sanctioned on the .termination of his re-employment/ . re-enrolment."
[A.I. 79/61 and 274/62].
102.
103.
104.
105.
5&
CHAPTER VH-PROCEDURE FOR COMMUTATION OF PENSIONS
SECTION I—GENERAL
SECTION UNCOMMISSIONED OFFICERS INCLUDING OFFICERS OF MILITAKY NURSING SERVICE
Extent of application,
of f ice^fand^ff iS^o^f t ^ C^Pt&T s h a l i ^ t o commissioned onjcers and omcers of the Military Nursing Service.
Age for commutation.
107. The age for the purpose of commutation shall be in accordance with the date of birth indicated in the audited Army l i s Where however, the date of birth has not been verified in audit the c a s ^ S be submitted for orders of the Government.
Submission of application and arrangement for medical examination.
r ^ . 1 0 8 * i?J, A P f n s i o n f desirous of commuting a portion of his/her
I n I n d l a ' - T o Headquarters of the command in winch he/she resides, through the Controller of Defence Account (Pensions}.
Outside India . . To the Secretary to the Government of India Ministry of Defence through the official who pays the pension and the Controlicr of Defence Accounts (Pensions). *
fnr t?* ^ °-ideI t 0 e n S U f e t h a t t h e P aym e"t is made at the rate shown S L w P ^ S a g £ ' ] t iS e S s e n t i a l t h a t ^ application to commute should reach the command headquarters, at least one month before the date on which the applicant will attain such age. Such applica-ttons from officers residing outside India should reach Government of
attain' s ^ c h ^ m ° n t h S ^ ^ ^ d a t e ° n W h i ° h t h e a P P I i c a n t w i »
P T><Ci T h e ^P**31 sum payable shall be assessed by the Controller or Defence Accounts (Pensions) and intimated to the headquarters of fte command concerned or to the Secretary to the Government of India, Ministry of Defence-as the case may be, when forwarding the application, for communication to the applicant.
If the applicant is residing in India, the Command Headquarters shall arrange a medical board at any station in India that may be convenient to him/her and the administration, such boards being assembled under the orders of die State Government/Administration and presided over, when practicable, by the chief civil administrative medi-
60
AMENDMENT ^ - — ^ ' n ( 1 9 6 1 )
'29/IV/67
CHAPTER VII -SECTION 1- GENERAL DeUte the words "Section 1 - t o r a V and «-««mter tne a ^ t m *
AMENDMENT TO PENSION KEGULATIONS FOR THE ARMY PART II (1961)
30/IV/67 Megulaiion 108
(a) The existing entry against "Outside India" in sub-para (a) of the Regulation is deleted and the following substituted: -
"To the Secretary to the Government of India through the Indian Mission concerned and the Controller of Defence Accounts (Pensions)".
(b) Add the following as new clause (<f):— "(d) If the applicant is residing outside India, the Indian Mission
concerned shall arrange a medical board at any station in the country convenient to the applicant as well as"to the Mission. The composition of the medical board shall be decided bv the Mission".
Regulation 108— 4<W the following clause (e): — "(e) Before a pensioner is re-examined by a medical board vide Regulation 112, a copy of the report of. the medical board which
AMENDMENT TO PENSION REGULATIONS FOR THE ARMY PART II (1961)
; 34/IV/67 . .
^.Under Chapter VII, insert the following as "Section II":— "Section II—Junior Commissioned Officers including those granted1
Honorary.Commissions, ORs and Non-combatants (enrolled);
of the regular Army and DSC, SSBC/TC, Officers (ex-JCOs/' ORs) and pensioners of erstwhile State Forces". .
efm commutation, '■■'■... 115; (a) The following documents in original shall be accepted as^
.oof of the date of birth for the purpose of commutation:— (i) The Matriculation Certificate or the Secondary SchoolLaving
Certificate, or a Certificate recognised by an Indian University as eqiuvalent to Matriculation, or failing that,
(w) Municipal birth certificate or an extract from the Municipal;. birth register, duly, certified by the proper authority, or failing
'■(Hi) The. record of admission in the registers of the school or schools in which the applicant was educated and also a record of the applicant's age at'various periodical school exa^ minatipns.
(b) Where documentary evidence required by (a) above is not available, e date of birth will be verified with reference to the assessed apparent
ge given in the enrolment form. For purposes of calculating the date of ;rth in such cases, it will be assumed that the individual has completed e assessed apparent .age on the date of enrolment e.g., if a person has
een enrolled on the.1st August 1937 and if on the date his age is assessed 17 years, his date of birth will be taken as the 1st August 1920. In oases which the year and month in which the individual is bbrn are known but-t. the actual date, the latter will be taken as the 16th of the month..
17
Submissionof'application; 116. An individual desirous of commuting a portion of his pension
shall apply in the prescribed form 'A' (see Appendix V) along with two duly attested copies of his passport size photographs {one copy to be pasted on the application form itself at the appropriate place while the obher is 1 bo loosely attached to the form), as under:^- .
.': {a) If he is still in service or has retired but his pension has npt yet been sanctioned, to the Controller of Defence Accounts (Pensions) through the Record Office concerned.
(6) If he is, in receipt of pension, to the Controller Jot ^Defence Accounts (Pensions), through the Pension Disbursing Officer concerned. The Pension Disbursing Officer will while forwarding the application to the Controller of Defence Accounts (Pensions) complete portion *B' in Part I of Form 'A' and also 1'uSiTsh information on the point whether the pension in issue is without any encumbrances. .;
In orJer to ensure that payment is made at the rate shown for the specifiad age. it is essential that the application to commute pension should reach the Qffise of the Controller of Defence Accounts (Pensions) at least one month before the applicant will attain such age. Action, by the Gonir6lle,t of Defence Accounts (Pensions).
117. On receipt pf an application the Controller of Defence Accounts -(Pensions), >vill inform the individual of the capital sum which will be payable, to him in the event of his being found to have an average-expectation of'life:. and-also instruct him to appear for a medical examination, before a specified authority within three months from the date of OpA(P)'s letter (if application for commutation has been made in advance of the date of retirement or discharge, within three months of that date, but; no case earlier than the actual date of retirement or discharge). This intimation shall constitute administrative sanction to the commutation of pension, but shall lapse if the medical examination does not take place within the period prescribed in the sanctioning order. If the applicant does not appear for the medical examination before the specified medical authority within the prescribed period, the CDA(P) may at his discretion renew administrative sanction for a further period of three, months without obtaining a fresh application for commutation of pension. Payment o) commuted value.
118. {a) Average life—If the medical, authority reports that the pensioner has an average expectation of life, the capital sum already notified shall be paid to him and the corresponding deduction made from ■his pension. ' " ■ / : . K/P(N)122Army---3
;e-(b) Impaired tife—ln case, an addition to his age is recommended
e pensioner shaU be informed by registered post arid with arimowledge^ ent due, of the medical authority's recommendation arid the capitalised
sum payable in beu thereof. The sum offered shall be paid if the applicant oes not withdraw in writing his application within a period of 14 days
itom the date on which he receives intimation of the revised sum payable on commutation.
(c) Verification of signatures of the indimdml—'Wbile authorising payment of commutation value, CDA(P) shall forward to the Pension .Disbursing Officer form *C5 containing the signatures taken in the presence or the medical authority; with instructions that they should be verified with those received with the Pension Payment Order,
_;- (d) Payment en the death of pensioner befcre receiving commuted uil^ofpen^on-JU pensioner dies on or after, the date on which the commutation became absolute-but before receiving the commuted value its value shall be paid to his heirs.
tW iSr?VCr<t™f °f ?n'Md pcrticn-tf -the cemmuted portion of
^Jly^AyTfnt-0f?n^uMmlu€ in w - w ^ e "Indict- Payment of the
^S 'Bs i --^be KSUlat€d v11 ihe — ^ at a ^ S e S ™ °f san^^^™<P) may cancel the ac t i on
s t a t e m e n ^ r ^ W ? D * *• ^ m a d e ^ ^ e applicant mkes any : S S S r i S frl° ° ^ ^ V * ^ ^ s *<"*%> « wilfully suppressed connection wjth bs medial examination, ' \ > :
Competmtrnedicalmthoritij. f o r c o ^ u t a t S i r ^ ^ 1 a u t h O T i ty competent .to examine an a p p l e t ■ r t i ^ l r ^T Ca? b e ™>ge<l to meet at a station reasonably near to
J o S ? w I n - ' r h S % l u V e V i e ™ g b o a r f will constitute a medical ■■■«?S V ? ^ e- t L e i b e t l e s t a D d m S m c d i c a l b o ^ d ^ the headquarters ' ■ £ § « , 7 5 a d m ^ U S t f a t i « n ■«the senior Medical Officer of t S admS
on he KcXn anT Q 1 1 ' ♦ V ^ a ^ o r ^ 8 ^U review the medical report a ^ r S ' f ^ ^ ° f b f e ° f t i e P^siouer.made by t ie Civil burgeon oi District Medical Officer of the area in which the 8 P p W f o -
.'3;. \:m]\::- ''-o --
al orders. | ;;- />:—:>
J i o f person ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ S ^ & I b i ^ t e d ^ a . 25or l e s s , ^ ^ ^ ^ S S S K t M e d i o a l
* . : ^ ^ ^ ^
V a p p i i c a n t t o b e e x a r ^ ^
sionitougli tlie Indian Embassy in Nepal, ° T g ™ ^ ^ m m rfty .Wfllte t i e medical officer of the T " ^ S S w ^ 1 . a resident ™oW c o n v e r t , ^ « f ^ ^ ^ g S S B B o a r d H o s p i t ^
ito. Nepal or the Check ^ * S t of the Indian Em-medical report will be xevaewea b> the raedicaom ^ However,:
Lssy, ^ ^ o f ^ ^
-SrS^tff^ below ::—
.1.. Military Hospital, Kuniaghat.
2. Military Hospital, Lcbong. 3. Embassy Hospital, Kathmandu.
:; Central Co-ordination Board Institution-
4. Western Z»ne Hospital, Poldtfa. . -.;. 5 District Soldiers' Board Hospital, Syangja, No. 4 West.
■ 6: District Soldiers' Board Hospital, Gulmi (Tamgas). .
, : District Soldiers' Board.Hospital, P r a t e (West Nepal).
8 District SoldiersVBoard Hospital, Bk>jp^ (East,Nepal).
9 District Soldiers' Board Hospital, T e r a t a (East Nepal),
It .shall be permissibe for a Gorkha soldier whose home is In Nepal : id who is due to be transferred to the pension establishment to apply for ■:
|he commutation of His .pension if he so desires, shortly before .the actual . ite of his discharge. In such a case, his medical examination may be .;■
'carried out before he leaves his Eegiment/Corps/Oentre on discharge, a t jtibe Military Hospital of the Station at which the Regimont/Corps/Centre :: fis located, :
^oce4uretobefoll&i^mC2)A(PysOJice.
120. On receipt of the application as on Part I of Form 'A', duly ibmpleted by the applicant, the ODA(P) will complete Part I I of the form
id forward it in original to the Chief Administrative medical officer mcemed, together with a copy of form *C* and an extra copv of Part H I
■f that form, for arranging medical examination. Copies of the previous dieal reports or statements of case should also; be forwarded along with ;
,e above forms, in cases where the applicant has been granted invalid ensiohy or has'previously commuted any portion of his pension (or
ieelined to accept commutation) on the basis of an addition of years to his actual age,or has been refused coromutatiort on medical grounds. Simultaneously/the CDA(P) will forward to the applicant Form 'B' duly com- ■; leted, together with a copy of form 'C', Part I of which will be filled in y the applicant before his medical examination and handed over to the
competent medical authority. ■■*"'■■■'■
Procedure to'befollowed by the Medical Authority, .
,121. The medical authority, after obtaining from the applicant a statement in Part I of Form eC (which must be signed in its presence), shall subject him to a strict examination, enter the results ill Part I I of Form *C' and record its. opinion as to the accuracy with which the pensioner has answered the questions prescribed in Part I regarding his medical history and;habits. I t shall^also complete the certificate contained in. Part I I I and obtain signatures of the pensioner or his thumb and finger
.pressions if he is unable to sign the forms. In the case of an applicant who has been or is about to be granted
an invalid pension, the grounds of invaliding or the statement of the .edical case shall be duly considered by the certifying medical authority
before the certmcatem Part I I I of Form'C' is signed.
^ultimate medical authority shall without delay forward the coni-. ?6rms 'A1 and 'C'.in original to the CDA (P), and a certified copy of
Part I I I of Form:;'(3',tp the^applicant,
21
Medical Examinations Fees :. 122. If the examination is conducted by a single medical officer the
applicant.shall himself pay the medical officer's prescribed fee of Us. 16 out of which Es. 1.2 will be retained by him. and;:the remaining Es . 4 will ■be credited to the Government. If the applicant is originally examined by a civil medicalboard, he .shall pay a fee of Es. 4 into a Government; treasury and mala* over the receipt for the fee to the board before exa-^ n a t i o n together with an additional fee of Es. 12 ir> cash to be retained *lhd divided by the members of the board among themselves. If the-pensioner is examined by a Services board, no fee shall be paid by him in respect o£his. first.'examination.
Opening of rejected applications for commutation attdpayment of feesfo<r tile ntediealexaminationby a second medical board. 123. A pensioner, after he has opee been refused commutation.cn
;edical grounds or after he has once declined to accept commutation on he basis.of an addition of years to his aetualage, may apply for a second
medical examination at his own expense, if at least; a year bas elapsed since the first, examination. Such a re-esemination shall, invariably be made by.a medical board. If the re-examination is carried -.''out1 by a Services Medical Board, the Government share of the fee i^e., Es. 4 shall be credited; to' the Defence Services Estimates and the receipt together with the medical certificate shall be forwarded to the CDA (P). . ■. ■■ If, in the;opinion of the medical authority, some special examination is. necessary; which it is not in a position to carry out itself, it may require the applicant to undergo such examination at his own expense. No refund of Such expenditure will be ■given by the' Government irrespective. L'f the result of the examination.
|f Recovery of public claims from the commuted'value 124. Before the. capitalised sum is paid, the Controller of Defence
..Accounts (Pensions), will ascertain whether any public claim is outstanding against the applicant, and deduct the amount of :such. claim from the
I lump sum' which : would but for the claim be.payable to him. .Where ' I an overpayment is in the process of recovery from the pension, the' overpaid, amount remaining unadjusted at the time of cbrnmutation shall be
[recovered in. one lump sum from the commuted value payable. sonwi.wtation of anticipatoryJprovisional pension ■:'
125. :AD individual who applies for the,commutation of a portion of his pension and such portion is expressed as a percentage or fraction.
..of the total-pension admissible to him and is allowed in the first instance p o commute such percentage or fraction of his anticipatory or provisional
elision will, in the event of his final pension being more than his antieipa-lory/proyisional pension be allowed to commute a further sum without appearing before a fresh medical board, soas to make the commuted
Jmount equal to the specified percentage or fraction of the amount of pension as finally sanctioned. In such eases, commutation as finally sanc-i tioned will also take effect from the date of the original commutation of the anticipatory or provisional pension and the amount of residual pension will also be readjusted from the same date.
[AJ. 7/S/61 read with A.I. 218/62 and M of D u.o. No. 94274/AG/PS4 (0/288-D (Pensions/Services) dated 12-6-1962],
AMENDMENT TO PENSION REGULATIONS FOE THE ARMY, PART I I (1961)
'" 3I/IV/67 Regulation 109
The words "in India" oee lining in the heading are deleted and the following added as sub-para (c):—:
"(c) Medical Board for pensioners residing outside India—Necessary fee for the medical board shall be deposited in full by the applicant with the Indian Mission who shall arrange payment to the members of the medical board. The pensioner shall pay the fee of the board according to the rates fixed by the Mission in that country",
'[M. of D, letter No. 92785/AG/PSl(c)/11227/D. (Pensions/Services). . dated 16th November, 1963].
61 .".: 4al officer of the State/Administration. In cases where difficulty may iiise in the .assembly of a civil medical board, the command headquarters may, at their option, convene a suitable services medical board for Me purpose.: ) The pensioner shall at the same time be informed of the date on tvhich he/she should present himself/her self for examination by a medical board, which in no case, shall be earlier than the actual date of retirement. He/She shall have the option of withdrawing his/her application at any time befare the date fixed for his/her medical board.
Medical board's fees—By whom borne in India. 109. (a) Civil medical board.—If the examination is conducted
?y a civil medical board in India, the pensioner shall pay a fee of Rs. ■16, one fourth of which, viz., Rs. 4, shall be credited to Government as revenue'or* the; civitcfepartment concerned and the balance, viz., Rs. JJ2 shall 'be paid:bythe pensioner in cash to the Board at the time of
e medical'examination to beretained and divided by the members f the board amongthemselves.
The authority competent to convene the civil medical board shall hen sending an intimation to the pensioner, direct him/her to deposit
the Government:share, i.e., Rs. 4, into the civil treasury or the Reserve Bank of India, or its agencies carrying on treasury functions for the ftime being on behalf of the Central Government and to hand over the leceipt along with the balance of fee viz., Rs. 12, in cash to the board 'c.t the time of examination. The above authority shall also direct the board to forward the receipt and the medical certificate to the civil jiudit officer concerned and the Controller of Defence Accounts (Pensions), respectively, v ■:;'
(b) Services medical board.—No fee shall be payable by the pensioner in respect of his/her first examination1 when he/she is examined jpy a services medical board.
Form o£ medical board report.
110. The medical board shall report in the following form:— "We have carefully examined. .. . .and are of the opinion tha
* "jc^sTifi i s ■■■?■-■■■ r i3S tVic 'U~-—:—~~~m good bodily health and V— prospect of an average duration be/she is inot. ■■:;:'r; ■;:.■: has not ' of life. We therefore (or do not) recommend compliance with his/her application to be allowed to capitalise a portion of his/her pension.
I.AFJvl.—1253 duly completed in our presence is also attached." In the case of impaired lives in which officer's application is re
commended, but with an addition of years of age, the following form shall be used: — /
"We have caref ally examined............. .and are of the opinion that he/she is xiot in good bodily health and has not the prospect of an average duration of life. We, however, recommend compliance with
62
I.A.F.M.—1253 duly completed in our presence is also attached.'" NOTE.—Score out the portion which is not applicable.
Payment of commoted value in India.
expecYatiofof^if? t l sports that t h e P e n s^ner has an average-be S d n t i f i i ? ' t h e . c ^ sum already notified to the officer shall' be paid m the manner indicated by him/her on his/her form of appliS--
p e n s i o n e r ^ S f r ^ r a n ,adu
di t i™ to ^Ihzr age is recommended, the pensioner shall be informed by the Controller of Defence Account £ 3 ? ? b y r e g i ? £ r e d P ° S t a n d w i t h acknowledgement due of T h e boards recommendatton and of the capital sum plyable in vTew tbere^
w w e e £ f f r o m the T ^ A^Tu P , ? n s i 0 n s > despatched within, revisSsum ™™J.t „ W h l ° h h e / s h e r e c e i v e s intimation of the-S i n u A ? ° n c o m m u t a t 1 ™ - If the applicant does not withi n I I i ? ' , s / h f aPP l ! ca t 'on within the period of two weeks ores-cnbed above, he/she shall be presumed to have accepted the sIS^ofoed.
(b) The capitalised sum shall be payable in India.
possible bu t?n n t l ° f C O m ™ u t e d v a l u e s h a ] l ^ made. as expeditions^ as possible but m the case of an impaired life, no payment shall be made
w i t h d L ^ ^ ^ x p i S d r o 1 ; 0 1 1 t h £ a P P l l C a t i ° n ^ C O m ™ ™ - y be
(ii.) earlier, if a written acceptance of commutation Is received.
^r-V^Ji? C a S \ t h ! c ? m m u t e d Po r t i™ of pension has been drawn drawn shalf L ^ ' f , / T ^ b e C a m e a b s o I u t e ' t h e « u , ™ drawn shall be deducted from the amount payable in commutation.
became O^Lt^^hJ^ ^ ° r a f t e \ t h e d a y ° n w h i c h ^mutation v S c ^ ^ i ^ ^ t h £ ™ ^ - l u e , this
Opening of rejected application for commutation and payment of fees tor the medical examination by a second medical board.
h k / i i l 2 « (a ). A P e n « o n e r w h o s e application to commute a portion of board o r P S ? H ^ S b e e n i r < ? - e C t ^ ° n ^ r e c o ' ™ » d ^ n of a medical Doard or who has once declined to accept commutation on the basis of an addmon of years to his/her actual age recommended by a S e a l uoaid, may, if he/she appears for the revision of the original finding,'be
AMENDMENT TO PENSION REGULATIONS FOR TEE ARMY, PART I I (1961): .
. 32/IV/67 ■ Hegidtttion 111
(a) Dekte.:^a» words: "in India" occurring in the heading of the Regulation.
(b) Substitute the fo l lowing^ existing sub-para (b) of the regular
"(6) The capitalised sum shall be paid as under:— {i) Pensioners residing in India as well as those residing outside
wlwhave.ixot been permitted to draw their pension outside ■' India.
The capitalised sum shaU be payable in India but pensioners residing outside India will have to make their own arrangements for its transfer to the foreign country concerned.
(ii) Pensioners, residing outside India,, who have been permitted to draw their pension in a foreign country,
Payment of capitalised value shall be made through the Indian Mission", .
AMENDMENT TO PE NSION REGULATIONS FOR THE ARMY, PART I I (1961) ■ 33/IV/67
Regulation 114 /■Substitute the existing Regulation including the heading by the
following:— "Commutation of anticipatory/provisional pension—Officers. 114. An applicant for commutation of his pension who has clearly
.■■ indicated his intention to commute the maximum amount of . . . ' his pension or expressed the amount proposed to be commuted
■ as a fraction, or percentage of the full and fmaf pension within the maximum permissible limits and is allowed to" commute such fraction or percentage of the anticipatory or the provisional pension, shall neither be required to apply afresh nor to produce a fresh certificate of medical examination for commutation of the difference between the fraction or percentage . of the final pension and the anticipatory pension or provisional pension. As the commutation in such cases is payable in two instalments, one out of the anticipatory or the provisional pension and the other after final assessment of pension, the report from the Controller of Defence Accounts (Pensions'! will have to be called for twice. A fresh sanction of the -com-
. petent authority for the difference of the commuted value, is.
■ s t o n e d w m b 0 » J ? £ 2 S J ^ . ^ ■ . communication of the anticipatory or provision*1 ™ ^ ^
. , ,■■ the amount of residual-pension liti 1 1 ^ 2 ^ ■■the same date." ;. ■' ■ ^adjusted fronv
: [M. of I). Corrigendum No. 94274/AG/PS4fc]/98S/TY VT> • K , . Servces), dated 12th January, 1962]" * " l ' ^ P e o s i <**/ '
63
permitted to appear for one re-examination by a medical board, provided that a period of not less than one year has elapsed since the date? on which he / she was examined by the first medical board. In such cases. the procedure outlined in clause (i) of regulation 109 shall be followed irrespective of whether the re-examination is conducted by a civil or a. services medical board, except that when the examination is conducted! by the services medical board the Government share of the fee, i.e., Rs._ 4,. shall be credited as receipt of the Defence Services and the receipt together with the medical certificate shall be forwarded to the Controller of Defence Accounts (Pensions).
(b) If in the opinion of the medical authority prescribed in clause (a) some special examination is necessary which it is not in a position to carry out itself, it may require the pensioner to undergo such examination at his/her expense. No refund of such expenditure shall be given by Government irrespective of the result of the examination.
Recovery of public claims from the commuted value 113. Before the capitalised sum is paid, the Controller of Defence-
Accounts (Pensions) shall ascertain whether any public claim is outstanding. against the applicant and deduct the amount of any sucht claim from the lump sum which would, but for the claim, be payable to him/her.
Commutation ol anticipatory /provisional pension 114. A pensioner who applies for the commutation of a portion
of his/her pension and such portion is expressed as a percentage or fraction of the total pension admissible to him/her and is
■ allowed in the first instance to commute such percentage or fraction of his/her anticipatory or provisional pension will, in the event of his/her final pension being more than his/her anticipatory/provisional pension be allowed to commute a further sum without appearing before a fresh medical board, so as to make the commuted amount equal to the specified percentage or fraction of the amount of pension as finally sanctioned. In such cases, commutation as finally sanctioned will also take effect from the date of the original commutation of the anticipatory or provisional pension and the amount of residual pension will also be re-adjusted from thS same date.
APPENDIX I
{Referred to in Regulation 53)
LIST I
L % s ° l S l ^ l r l a S ^ S .,at which Pensioners from Defence Services
No. District Treasury Sub-Treasuries under Pension Payin*1
Treasury Officer Do. Do. Do. Do, Do . Do. ■Do. D o . Do. D o . D o . D Q .
D c D o . D o -Do. Do.
Do., Do. D o . D o . Do. Do. Do,-Do. Do.. Do. Do„
Do. Do .
Do . Do.. Do. Do* Bo* Do.-DOJ
Do.
82
124- YBOTMAL . . . Darwhal Kelapur Posad Want
125 ZALAWAD (Surendreoagar) Chotik Dasda
Treasury. Cifficer Do, Bo. Be.
Do
126 ANANTNAG
127 BARAMULLA
12S DODA
129 J'AMMU
130 KATHUA
131 LEH
Dhrangadiiara Hahvad Lakh tar Limbdi Muli Sayla Wadhawan City
G.O.C-iis-C Western CoraMKand
. Aoantnag Kulgam Pulwama
. Baramulla Handawara Kara ah Sopore Uri
. Bhadrawah Doda Kishtwar Ramban
- AJkhnoor Jammu R. S. Pora Samba
. Basoli BilJawar Hiranagar Kathua Jasmergarh
Kargil Leh
"Do. Do. Do. Do, Do. Do. Do.
Treasury Officer Do. Do.
Do. Do. Do-Do. . Do.
'Do. Do. Do. Do,
Do. Do. Do. Do.
Do. Do. Do. Do. Do.
Do. Do.
AMENDMENT O PENSION REGULATIONS FOR THE ARMY, PART II (1961) '
;23/IV/67 Regulation 66
(a) Add the following Note at the end of clause («).:—-■■ "NOTE—Service or disability pensioners, .except female pensioners.
and those who have been specially exempted by Government, will as. an additional means be identified with reference to their photographs sent to the Pension Disbursing Officer by the
. CDA (Pensions)". [M. of D. letter No. 95426/AG/PS4(c)/5797/D. (Pensions/ Services),
/ d a t e d the 13th June, 1963]. (6)'In the Regulation add the following as "Note" at the end of
clause (c)—,
"NOTE—Retired commissioned officers can.sign the life certificate on pension bill form (IAFA-319)".
List of Post Offices ia Puajab, Himachal Pradesh, Jammu <& Kaslsmiif State and Delhi Administration Authorised to Disburse Payment of Pensions to
Defence Pensioners
NOTE.—Only pensioners below officer rank and their families are paid through Post Offices, other pensioners arc paid through civil treasuries.
No. Head Post Office
Sub Offices
Branch Offices Paying
Branch Offices Pension to
crippled and aged
pensioners
Branch Offices Paying
Pensiop to
femaie pensioners
Sub-Offices
specially authorised
to make 1st
Payment of pension to Defence
Pensioners
Commander, Punjab and Himachal Pradesh (Independent) Sub-Area
1 AMBALA Auchinleck Lines
Ambla City Ambala City Kutch-
ery. Ambala City R.S. Ambala City Mode!
Town Ambala Civil Lines Ambala Sadar Bazar CPO EB-79 Babyal Bamer Barara. Bazar Basti 11am Bhakhra Dam BKarat Garh Bilaspur Buna CPO EP-8I S. C. Bazar Ambala
All the Branch Offices shown in Col. 4 are authorised to pay pensions to aged and crippled pensioners.
Do.
6
All the Branch Offices shown in Col. 4 are authorised to pay pensions to female pensioners.
Do.
7
All Sub-Offices shown in Col. 3 are authorised to make first payment to Defence Pensioners...
Do...
114
HISSAR— Uklana Mandi contd.
HOSHIAR- Amb P U R Ambota
Anandpur Sahib
Bajwara Barian Kalati Bassi Kalan
Baiachapur Bham Bharwain Ballowal Bhunga
Bhangla
Dasuya Datarpur Dholbaha Dautatpur Gagret
Ganguwa! Power House
Garhdiwala Garhsha.nker Hariana Hajipur Jaijon Janauri Kot Fatuhi Kotla Power House Kot Abdulkhaliquc Mahilpur Miani Mukerian Mehlanwaii Nangal Dam Nangal Township
N'aada Chaur Nurpur Bcdi Oel Pandogah Pip San Walti
Loharijatti Latani Lakarwal i Morka Mitathal MJrchpur Nalwa Pa bra Pathisaman Ratora Rori S ivva n i Siswal Sisai Tigrana Umra
List of Pension Paymasters Disbursing Pensions to Defence Pensioners-
Punjab and Himachal Pradesh (Indep.) Sub-Area
1 PENSION PAYMASTER AMRITSAR
Bengal, Bihar and Orissa Sub-Area
2 PENSION PAYMASTER CALCUTTA
Delhi and Rajasthan Area
3 PENSION PAYMASTER JAIPUR
Madras, Mysore and Kerala Area
4 PENSION PAYMASTER BANGALORE
5 PENSION PAYMASTER MADRAS
6 PENSION PAYMASTER TR.IVENDRUM
G.O.C.-in-C. Southern Command
7 PENSION PAYMASTER HYDERABAD
8 PENSION PAYMASTER . . . . . . . SECUNDERA-BAD
120
AMENDMENT TO THE PENSION EEGULATIONS FOE THE ARMY,. * PAETII(1961)
: 13/IV/67
Appendix II [Regulation 28) Substitute the following Appendix for the existing Appendix-—
[M of D letter No. 77I78/AG/PS4(a)/2668/l/Pen-C,' dated 3rd May ' i96i^;;">
"APPENDIX II
(Eeferred to in Regulation 28)
Eeports required for payment of advances of family gratuity in cases-' of deaths in action, due to wounds sustained in action, due to flying-
1 2 . ■., 3
2.JC0e, QRsand 1. A detailed report on NOs (E). the basis of first informa
tion regarding™ (a)- nature, date: and
place of casualty; (b) the name, rank (subs
tantive as well as paid acting), personal number and unit of the
. individual killed/died.
2. In the eases of deaths ' due to flying accidents
or parachute jumping duties, a certificate confirming that the individual was on flying duty in an aircraft -or was being carried on duty in an aircraft under proper authority.
3. A further report containing information regarding the names and addresses of the widow, Children, if any, father and/or mother with an indication as to who is the heir nominated by the deceased individual for family pensionary awards. I t will be certified that the particulars are the latest available, as per entries in the service records of the deceased individual.
From Army HQ {Org 3) to Officer-in-Oharge Records, the Ministry -of Defence (Pen-C), and the Pay Accounts Officer attached to the Record Office. If the Records Officers receive the information first, they will communicate to.; all others.
From Officer1 . Commanding, Air Force Station/ Unit, to Ministry of Defence (Pen-C)/ the Controller of Defence Accounts . (Pensions), Allahabad and Army HQrs {Org 3) (with e5~bra: copies for transmission to the Officer-in-charge Records and Pay Accounts Officer attached thereto),
From the. officer-in-charge Reeords to the Ministry of Defence and the Controller of Defence Accounts (Pensions), Allahabad.
« c i d » t e « p a ^ t a t e i u m p i ^ ^ ^ e ^ e d i ^
Categories of pensioners
1. Commissioned Officers.
Details of documents: To whom documents at column 2 should be sub
mitted
.2.
1. A detailed report on the basis'of-first'information containing—-{a) nature, date and
place of casualty; (b) the name, rank (subs
tantive as well as paid acting), personal number and unit of the ■officer killed/died.
2. In eases of deaths dueto flying accidents or para-chute jumping duties, a certificate confirming that the officer was on flying duty in an aircraft or was being carried on duty in an aircraft under proper authority.
3. A further report containing -information regarding— (a) the name and address
of the widow or if there is no widow the names, and address of the Children;
(6) the Treasury, or alternatively the branch of the State Bank of India from
:■■■■ which the claimant desires payment to be
■ made. . ,
From Army.■HQtQrgS) to the Ministry of Defence, the Controller of Defence Accounts (Officers), Poona and the Controller of Defence Accounts (Pensions), Allahabad.
From the Officer Command-ing, Air Force Station/Unit to the Ministry .; of Defence (Pen-C), Army HQrs/AG/Org 3, Controller of Defence Accounts (Pensions) Allahabad and; Controller of Defence Accounts (Officers), Poona.
From Army HQ to the Ministry of Defence (Pen- .. C), the Controller of Defence Accounts (Pensions), Allahabad and the Controller of Defence; Accounts (Officers),
Poona.
AMENDMENT TO PENSION REGULATIONS FORTHE " E M F : PART II (1961) .
In column I delete "Bombay" and add, :■■— (i) "MAHARASHTRA" after "MADRAS"
and
' ' ' ' ; . ( » ) '''GUJRAT55 after "BIHAR". . (Explanation ; Consequent to reorganisation of States),
-M/]?(N}122Army—5 ' : : .
APPENDIX II
(Referred to in Regulation 28)
Reports required for payment of advances of gratuity in cases of deaths one to flying accidents. '
i categories of Pensioners
Details of documents To whom documents at column 2 should be submitted
1. Commissio- 1. A detailed report on the basis of ' ned Officers first information containing:—
(a) the circumstances of accident (b) the name, rank,.personal No.
and unit of the officer killed in the accident.
2. A certificate confirming that the officer was on flying duty in a service aircraft or was being carried on duty in a service air craft under proper authority.
From Air Headquarters to Ministry of Defence, Army Headquarters theControl-
j- ' ler of Defence Accounts (Pensions) and the Controller of Defence Accounts (Officers),
3. A further report containing in- ' formation regarding:—
(a) the names and addresses of fhenext of kin of the dece-asedofficer i.e. widow and -children if any, or in their -. bsaence, father and/or mother, minor brothers and/or sisters, as the case may be.
(b) the treasury or alternatively the branch of a State Bank of India from which the widow (if any) desires payment to be made.
From Army Headquarters to the Ministry of Defence, Controller of Defence Accounts (Pensions) and Con-
- troller of Defence Accounts (Officers).
"2. J.C. Os., O.Rs. 1. A detailed reporton the basis of") & NCs.(E) first information containing:
(a) the circumstances of the accident,
(b) the name, rank, regimental No, and unit of individual killed in the accident.
. A certificate confirming that the individual was on flying duty in a service aircraft or was being carried on duty in a service aircraft under proper authority.
Headquarters to of Defence^ Con-
From Air Ministry troller of Defence Accounts (Pension), Army Headquarters (with extra copies, for transmission to the Officer in-charge Records and Pay Accounts Officer attached
thereto).
121
122
. A further report containing") the information regarding the the names and addresses of the next of kin of the deceased individual i. e. widow and children, if any, or in their absence father and/or mother with an y indication as to who is the heir nominated by the deceased individual for family pensionary awards. It will be certified that [ the particulars are the latest available, as per sheet roll of the individual. J
From the Officer Inchar Records to the Mini of Defence and the Co troller of Defence Account (Pensions);
APPENDIX l i t '. (Referred to in Regulation 71)
Statement showing the frequency of payment of pension to ArmedForces pensioners other than officers and their families.
Name ofthe State/Territory in which pension is drawn Frequency of payment
Andhra Bengal (at Purulia treasury only) Bihar Bombay Htmachal Pradesh Kerala Madhy a Pradesh Madras Mysore / Orissa (at Ganjam, Koraput and Phulbani treasuries only) Rajasthan (at Banner, Jalore, Jodhpur, Nagaur and Pali trea
Jhalawar, Jaipur (at Phulera Sub-treasury only), Udaipur; and pension payments, by Pension Paymaster, Jaipur at Bharatpur, Bundi, Dholpur, Jahazpur, Karauli, Kotah, Sheoganj and Tonk)
Tripura Uttar Pradesh
> Quarterly,
Rajasthan (pension payments by Pension Paymaster, Jaipur^ at Alwar, Chirwa, Jaipur, Jhunjhunu, Khotri, y Half yearly. Nim-ka-Thana, Kotputli, Sikar and Hindaun) . j
NOTE 1- —Pension payments in the States of Punjab, Himachal Pradesh and Delhi are also made through Post Offices quarterly in arrears. In addition, the Post Offices in Jarnmu and Kashmir State are authorised to disburse pensions quarterly in arrears.
NOTE 2—Payments to Gorkha pensioners residing in Nepal but drawing pensions from treasuries located in the States of India may be made on
■ yearly basis, if so desired by the pensioners.
123
APPENDIX IV
Form of application for commissioned officers and officers of M. N. S.
Commutation of pension
When this form has been duly filled up and signed, it should be sent to the appropriate authority mentioned in regulation 108.
Questions Answers
The personal number, rank and name of applicant ?
Place of Birth?
Date of birth—Age next birthday Years
Married or Single?
Have you on any previous occasion applied for permission to commute a portion of your pension, and, if so, with what result?
How much per annum of your pension do you now wish to commute ?
How do you desire the capital sum to be paid? To your Agents, or by draft for negotiation through a bank ?
State the amounts of Provident Fund money (including any non-refundable with drawals) received by you specifying the name/names and Account numbers of the Funds viz. D, S. 0„ P. Fund/D. S. P. Fund?
NOTE : In case of anticipatory or provisional pension, the pensioner may, if he so desires, indicate his intention to commute the maximum amount in the event of his final pension being more than the anticipatory or provisional pension. In such cases, the amount proposed to be commuted may, alternatively, be expressed in terms of a percentage or fraction of full pension within the maximum permissible limit.
Dated the day of 19
Signature
Address..
34
AMENDMENT TO PENSION REGULATIONS FOR; THE A R M t , . pJffiTn.(1961j>; . y ^ ^ y y -
^T/IV/eT.'.. : . ■:■■:.■;■:. Insert t he following, as Appendix "V , . ■■.'■:•..
' A P P E N D I X v . y ■ ,'v :;■:;
FORM A y PART I
..Commutation of pension; of a JCO/OR/NC(E.) ■ . ;, Form of Application . .-.;'.- y
i A—To.be completed by the Applicant.
Quextwfts
■ I. Number,; rank and. name of the . applicant;arid the corps in which he served before discharge.
2. Place pf birth; 3. Date of birth (Proof of age to be
ui -which .you are .. ordinarily resident) would you p M f o your, medical examination to take, place ?
.Place-
Signature or left ■ hand thumb impression
W&te-
failing that/ . y h e p i 0 P e r ^hor i t i e s , or
....-{*») The: record.of admission in the registers of «,* ^ i- ■
C e r ^ l g V 1 d0Cm^* "K ^ submitted.
apparent age given i n X e n U S t W ^ ^ * * m A ■
.*»*.^Tion - t ^ Z ^ * ^ t h f ^ ^ ™ '.
■■anticipatory.pension I n L c h c L f Z *?*"* Ulng m o r e t h a * * » '
36
FORM OF DECLARATION , !
(To be completed by the applicant in receipt of anticipatory pension), Whereas the CD A (Pensions), Allahabad has consented provision
ally to advance to me the sum of Rs ... .being the commuted value of a portio n of the anticipatory pension in anticipation, of the, completion of the enquiries necessary to enable him to fix: the amount of my;pension and consequently the part of pension that may be commuted, I hereby; acknowledge that in accepting the advance, I fully understand that th.e| commuted value now paid to me is subject to revision oh the compjeijion! of the necessary formal enquiries and I promiseto have, no objection-to; "such revision.on the ground that the provisional amount-now to, be, paid to me as the eommntedivaltie of the.part-of anticipatory pension: exceedsi the amount to which I may be eventually found entitled. I further: -promise to repay either in.cash or by.deduction from: subsequent.payments of pensi.on"any amount advanced to me in excess of the amount to which I may he eventually found entitled,
Conditions under which a portion of an anticipatory pension can be. ■commuted by the pensioner:--— ■ :
!
■ (a) Half of the. anticipatory pension may be commuted. ...■;.■ j (b) If the medical 'authority reports ■■on-- examination that the
applicant has an average duration of life,, the commutation; will become absolute from the date of medical: examination as the anticipatory pension will be reduced, with effect from that date and he will be entitled to receive only the balance J of reduced pension after commutation, i
(c) If the' medical authority ■ reports . on examination that .the 1 applicant's age for the purpose- of commutation is to be:i assumed to be greater than his actual age, he will have the j
■ option of withdrawing his application for.commutation by . written notice despatched' to . the C.D.A. (P)3 Allahabad, (by Registered Post) at any time within two weeks', from the date on which he is informed of the findings of the medical examination. If no, such application is received in writing ■■ from him within two weeks, it. will be assumed that the applicant accepts the revised capital sum offered as sliown in
37
Form "B' s which' will be: supplied to him at the time the medical examination is arranged for.' The commutation will then
■ automatically become absolute from the date on which the medical authority signs report. The applicant will he entitled from that date only to receive the balance of the anticipatory pension remaining after commutation. >
■. (d) If in assessing his final pension it is found that the conrimted portion of the applicant's anticipatory pension exceeds the limits of the final pension he will be allowed to commute only to that extent and the capitalised sum payable will be altered accordingly.
I. agree' to the conditions specified above.
Signature . ; ,
Dated .'
■ B—To be completed in respect .of persons already in receipt of pension by Pension Disbursing Officer from his records i.e., Check Register,. Descriptive Roll etc,
Questions Answers
1. Pension- originally sanctioned ' ■ [: (withNo. and date aiid'descrip-
, tive serial No. of the 'part i- . ' cular C.D.As. Pension circular or the No. and year of the pension payment order notifying the same). " ■
,2. T.s!/H.O. No. ' allotted to the' pensioner.
3. ■ Portion of pension already commuted with No. and date of the sanction(s).
4. Pension which the pensioner ■ is drawing a t . the time of
. submission of present application.
ft, .Whether pension is'being paid .at the rate sanctioned or whether
38
it is under orders of suspensions or is being paid at re-.duced rate (the No! and date of the C.D.A.(P)>s memo ordering suspension/iednetion may please be quoted). .
*). Whether the pension in issue is without any encumbrances.'
Place. Date .. ,,
Signature .;.
Designation.,
■ P A R T I I ' . ..■■;;
{To be completed by the sanctiouing authority) ■ ' Subject to the medical authority's recommending commutation, the
. lump Bum payable will be as stated below:-- ' :' ; Sum payable, -if the commutation On. the basis of normal age i 6:; ^
becomes : absolute before the . . . . . . yea r . . , . ,;■, .Us.....: applicants'next birthday' which - . : v v , v . . . . . . . . .^
■.. falls on . . , - . . . . . . . . , . . . . .
«uin payable if the commutation On the basis of normal age 'i(sM :■ becomes . absolute after the. . . . . . . .years. . . ; ' . . ; ; . I ts ■ .-'v ■"
.-applicants next birthday but be- ■ -'.■■ " : " r " ^ " : " v ' ' ; 'fore his next; birthday butone,. . ^ ^- .{■';.:
'■;.',:..-": Signature of the Sanctioning- Authority.
P A R T H l ■■■: : , \ Administrative sanction is accorded to .the' above commutation^ A ■ •certmed copy of Part I I of the form las- been forwarded to \ the applicant '■
Place Date:'.
.Signature v.; Designation:
39
\ .*For^arded , ; to . . . . . , , . . . . . . .■■.................. .r:-. \\..::'...;. :^.-: . ■ ;,:.:.-, ■-....';"' -(Here ' enter the designation.and I address of\the Chief.
' . . Administrative Medical Officer). ,
■in original on.■_...: with the request1 that he- will arrange fogi ..' (date)
T : the.medical examination of the applicant by. the proper medical authority:;-: ■:■'.:]; as early as possible within three months from t h e . . . . . . : : . : : . ' i.i.. <. \.- ; v '
. . ; ' ' " (here enter/the1 date)-
■■■':■ but not earlier t h a n . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . * . . . . ,,■-.;:' (hereenter the .date of .retirement),
. '■" and' inform"the applicant direct in sufficient time where. and when :he< shoidd appear for ■ examination.:
:v .-•■■' fThe next birthday of the applicant falls on . . . . . .......* .........- . ■■■'.: (®^$::-:-0 ■
. -and his medical examination may be arranged before. that :date :if.posf sibkv unless the applicant desires that.it should beheld after. ; that date ..-
.-'■.';■ but within the period prescribed in the sanctioning order. : :
■■■.-. . . Signature and designation of the sanctioning a-nthority
' " ^ i t h one copy of Form C and an extra copy, of Part I I I of that , orni. \ ;V'' ■/"-'■
fTo be struck out when the next: birthday falls beyond, the pres-:; -'■'■/; ■cribed periods r . . / . ; ■
'■■":. ■ FORM B ■■■-;■,
.. Subject to the medical, authority's recommending .cpmmutatioE! ■■': the.lump sum payable will be as: stated below—^ , .
■' Sumpayable, if the commutation On the basis ofnormal age i.e., . i ,v ':!■ becomes absolute before the ;ap- ..:- .years.. . .Ks . . ' . . ; \V'.,- ■ ■
Suin Payable if :thecoinmutation : On the basis of normal age i.e.,.: becomes absolute after the.ap- : , -V-. . . .years.,. . ; . . R s . . . . - . , . . v
;plieant?s.. next birthday but ,.■..■;'-::before his next jjiithday but *:■'■ ■■■ : o n e . . . . . . > ■ ' ■ . • . ■■■■ •:■■• ,'
Signature of tie';: sanctioning' Authority
. .*. ■ ...: PART I I ,
The commutation for a lump Payment of the pension of... . . . . . . . ; . . -administratively sanctioned on the basis of Part I above; The table.of osent values, on the basis of which, calculations in Part I.have been made-: subject to alteration at any time without notice, and consequently. ey are liableto .-revision before payment is made. The sum payablewill the sum appropriate to the,applicant's age on his birthday next, after
e date on which the. commutation becomes absolute or, if t i e medical thority directs that years shall be added to that age, to the consequent sumed age.:
. . ■ ■ ; . . - ■ * *
:(Iere enter the designation and address of the Chief Administrative' . ; ' . . , . . . ; . . . . . . . . ; . . . : . . . . . . . . . . . . . . . . . . . . . . has been requested t<> dica.I Officer) : . ange. for the medical .examination and inform S h r i . . . . . . . -..■.--. ect where and when he should appear for the examination. H e should'. ing with ■ him the enclosed Form..C with, the particulars required' in. rt I thereof completed except for the signature,
(c) Are you now or have you ever been on special diet for your
• health? ' (d) Hasthere been any marked in
creaseor decrease in your weight withia the past three
■'. years ? If so, how much ? . (3. Have you been, under the treat
ment of any doctor within the last three months % If so, fm what illness ?
I>ECLABATION W APPLICANT (To be signed in the presence of the medical authority)
I declare all the above answers to be, to the best of my belief, true and correct. '■' ,
I will fully reveal to the medical authority alj circumstances within my knowledge that concern my health. '.'■:';
I am fully aware that by wilfully making a false statement or concealing a relevant fact I shall incur the risk of losing the commutation I have applied for and of having my pension withheld or withdrawn under Rule 5"Pension Regulations for the Army Part I I (1940).
Signed in presence o f . . . . . . . . . . . . . . . . . - . . . • - ■ . . . ; . . . . . . . , - • r < ■ -Applicant's signature
Signature and designation of medical authority
.PART I I '. ■ ; . ; ' ' ( to be filled in by the examining medical authority).
1. Apparent age % Height 3. Weight 4. Girth of abdomen at level of umbilicus. 5. Pulse rate—
(a) sitting . . . (6) standing
what is character of pulse 1 6. What is condition of arteries ?
43
. Blood pressure—. (a) Systolic^ . {&) Diastolic
i. Is there any evidence of disease of the mam organs— {a] Heart (&) Lungs (c) Liver .' :': ■ .■ :■.
. (d) SpieefiL
9. Does chemical examination of urine shosr (*) , albumen,
''. (ii) sugar?State specific gravity, ■ lQj. Has the applicant a rupture?
of opmion that ;— : Either he is/is not m good bodily health and has the prospect of an
average duration of life/is.not a fit .subject for commutation or (in the »ase of impaired life which is yet considered a fit subject for commutation) : "&&.... . . . . . . : . . . . . . . . . . . . . . . . . . . . is suffering f r o m . . . . . . , , . . . . . . ; his age for the purpose of commutation i.e,, his age next birthday should
. betaken to b e . ; . . . . . . . . . . . . .years more than. bis actual age/' ■; S t a t i o n , ' . / ; ' ; „ , ' . ■ . . . ■ , . y . . ■■■.■"■■■.:■!'■'
Pate ■ . ; . . . . . . . . ! . . . . . . . . Left hand thumb and finger impressions - ;■
or; signature of the applicant. :'■;>■■■ ' (Signature and designation of (Examining Medical Authority) Reviewing medical authority:
...:;,;;';■'; '■' :-.. (V, SHANEAE.) Setfretary to the Government of India
NoTBi—If the medical examination'.is conductedbya single> medical ^cOT,-^e^pp^nt' .?hjaJl himself pay the. medical officer's fee; but if he
':.\ is originally examined by a civil niedical board,, he shall pay- a. fee: <tf o Rs.:.i into a CJovt. treasury and make over before: examination, the :;-'\yMieipt-for i;hie',iF^ef:id.tih6. bbajjd together ^rith. an additional fee of R8.,i2;
■ measL If the pensioner is examined by a military boa*d, iho fee shall be, ..jjaid by ium in respect of h'is.ftr 'p'xanimation.';'"':7' :": /v .''■''■'■■.':■ ')'.■■.!
■If a pensioner, who has once been.refused c'oramutation on. medical ';,-grounds pr- has once declined to accept commutation on the basis of an! ■ Addition of years to his actual age, applies for a; second medical' examiner ,.;tion, the entire expenses of-such examination will be bdrrieb'y him and.' . no refund ;^ill be paid to him irrespective of the result pf re-examinationj
■i^yfi-■:."■' POEM C .. ,::;S'K .-Y^ ' ' ^ j
: 'v- : . : . (here enter the medical; authority)!
/: • PART I . ;■■ '^.-AM ;. Statement by the applicant for commutation of a portion of his]
-■pension.- ' ■ \>\-..-;;.: : The jappHeant must complete this statement prior to his ejamiitatipii
pnyptmlife ever been1 declined ; ;.;\ -.'.or accepted at van increased-
■: ^premium? '■ :5. fa) Have you ever 'been told .. ■■■■;■■■ that youhave albumen or sugar ■'.
:;;in the urine? ■ ; ':>'-!
.■-.'..;■:■ i b) Do you riserat niglit to urinate"?;.,:--'- '.:'. :: ■''■■';N ■-■ ^I/P)51)i22A.™ij—B :-' ' V-V'> -;'■■■>:.'
INDEX REGULATIONS
Adjustment of pending enquiry awards . . . adjustment of provisional payment of service gratuity
■ idvance of pension to destitute pensioners Advances of service/invalid/special pensions
1 gencies for payment of pension . mount and date of effect of pending enquiry awards nticipatory pensions . . ,
: ipplication of rules—Extent of . Application for pensions and gratuities—Procedure . Application for pensions and gratuities—To be reported on
pplication for pensions and gratuities—When submitted 'jplieatibn for. commutation . . . . . ^plication of rules for commutation of pension—Extent of Tangement for payment—How and by whom made
.,^ears of. pension—Claims for ■■.■■'. . . ■: Attachment of pension . . . < udit—Cases of failure . . . . . .
B itianks—Payments to
Certificate regarding employment under a Government outside India or in a commercial firm . . . . '<-,■■■'-"jcumstances in which pending enquiry award may be made limant—Definition of ■ iims to arrears of pension of pensioners who fail to draw their pension
.aims to arrears of pension/unpaid gratuity . . . . laims—To count former service for pension . . . laims to initial grant revision and reassessment of pension or allowance or for gratuity . . . . . . . laims—Limitation of . . ommunication of sanction to the accounts officer '"mmencement of pension—Date of . . >:■ . • ttnmuted value—payment of reject cases . . . . brhmutation of pension—Age for . . . . . . mmutation of pension—Reopening of reject cases . . mpassionate Allowance —Payment of . . .
ipetent authority— Definition of Jinpetent authority for the grant of family gratuity . . ntroller of Defence Accounts (Pensions)—Powers to write off .
Date of commencement of persion . . . . . . . 5H Deceased pensioners —■ Payment of pension to their heirs . . . 68,79';
Definition of "claimant" 90 Definition of competent authority 18J22&30.-S. Discussion of questions affecting pension entitlement of an individual . 3': Delay in settlement of claims to be avoided 2i Drawal of pension through agents . . . . . . . 541 Duration of pension 52.
E
Error in fact or law — Overpayments due to . . . . . 95"
F
Family pension —, Overpayments 10 Family pension — Payment of arrears 85,8 Family gratuity — Adjustment of provisional payment Family gratuity — Compentent authority to grant . . . . 3 Family gratuity — Procedure for payment . 3 Family gratuity — Provisional payments of . . . , , 28,2. Form of medical Board report for commutation of pension . . . 11 Former service claims . . . . . . . . 8
How and by whom arrangements for payment are made . . , 65,'
I
Identification of pensioners 66,7 Imprisonment of a pensioner 7 Insane pensioners — How paid pension 5 Irrecoverable overpayments 9 Issue of supplementary instructions . . . . . . . 6
L
Limitation of first claims for pension 83,85,
M
Medical Board's fee in case of commutation . , . . ■■ . 109,11 Medical examination in case of commutation . . . . . . 108,11 Mode of payment of pension ,64,71' Money Orders — Payment of pension by 58
127 REGULATIONS*
O
Overpayment of pension.-How adjusted • ■ _ - ' " Overpayment of pension made to widows who ^ v « J d
Overpayment of pennon made due to erroneous grant of more ^
Ov^rhen to fpen^oWersof theCont ronero fDefence Account,
(Pensions) to write off. ■ ; ■ * '
95 101
100'
97'
%>
Payment of pension — Agencies for' . Payment of pension —Arrears of • Payment of pension - By money order . Payment of pension - Deceased pensioners . Payment of pension - How and by whom arranged Payment of pension-Insane pensioners . Payment of pension—Mode of • ■ • Payment of pension — Through agents . Payment of commuted value of pension - ■ Pending enquiry awards - Amount and date of effect of Pending enquiry awards - Claims how submitted Pending enquiry awards - Circumstance xn winch made Pending enquiry awards-How payment are made -
Pending enquiry awards - Object and nature of Pending enquiry awards - Termination of -Pending enquiry awards - To whom payable . Pending enquiry awards - Review of cases Pending enquiry awards - Adjustment of . - ^ ^ ^ ^ ^
Pages From 108 to 119 paise V ■ • ■ '
Pensioners employed/re-employed under Govt. Post offices paying stations — List of . . _ Powers to sanction pensionary awards Powers to write off overpayments of pension • Pre-mature discussion of pension questions. . • ■ Provisional payment of a family gratuity . • ■ • ' _
R
Re-employed disabled pensioners . • - * ' Rejected applications for commutation - Reopenmg of . - Restoration of pension withheld .
53' 86,91 58,79" 68,78-65,72-
57 ~ 64,71-
54 111 "43-45 42 46-41 47"
.44-49 48-
l i : 55-
1,21' 96-
3 29' 31 32-
56 112
76
128
tatance o f f a m 0 y g r a t u . t y _ p r o c £ d u r e RHOULATrOMS
Remittance of pending enquiry awards _ Procedure fo'r " ' ' 3* S t a n c e of pensions by money orders ' ' ' 4 6
Rounding off of pensions and gratuities * ' ' " • ■ . 5 8
II S
■Service q a a K f y i n g f o r p e n s i ( M _ ^ ■Sanctions to grant of pensions ' 9
Sanctions to grant of pension-commanication'of '. ' " ' U 1
12 T
' Transfer of payment of pension in India Treasury chest paying pension-List of ' „ ' ' 6 °
101 ■ Page 107
■ w l l T T T ° V C r p a y m e m s to those who remarry Withholding of pension . ' 101
"Write off of overpayments ' ' ' ■ 74,75,77
' W A t ^ o l r E f f i e n t S - P - - ' o f t h e Area Independent W 'Write off of overpayments -~ Powers of the CD.A. (P)* ." ." ' *
Memo Explanatory of Each Rule in Part II of the Pension Regulations for the Army (1961)
No, of the regula- No. of the rule tion as in the as in P. R. I. Explanatory Notes revised Pension Pt. Ill (1940) Regulations
1 1 ' ... 2- 2 The words "of pension claims" in the head
ing and "of Government who are responsible for" in the body of the rule omitted being; superfluous.
3 3 Rule reworded from point of drafting.. The portion of the rule omitted should form the subject matter of an administrative instructions and not the basic rule.
. 4 2 7 . The word "Governor General" has been re placed by the word "Government".
5 to 7 .„■' ' : BLANK.
8 16 1. A provision has been made in clause; (b) in respect of disability pensioners undergoing treatment in T. B. sanatorium^ vide para. 4(a) of Ministry of Defence: letter No. F. 6 (13) 54/ D (Med.) dated-10-12-56.
2. As no formal application for pension or gratuity is required to be submitted, sub-clause (i) of clause (b) omitted, being. redundant.
■ 3. As an individual was normally entitled to-2 months' leave pending retirement/discharge, clause (c) modified to provide for pension being sanctioned not more than 2 months before" the date from which it. had to take effect.
4. On. account of the reasons at 3 above and also as L. P. C. could be issued 3 or 4 months prior to the date of an individual's transfer to pension establishment, clause^ (b) was modified by substituting the. words "prior to the anticipated date of transfer of the individual to pension. establishment" for "one month" and the last sentence of sub-clause (ii) of clause (b) of the existing rule deleted.
129
130
9 18 1. Items (i), (iii), (v), (vii), (ix) & (x) of the existing rule have been omitted as the categories of personnel referred to therein are no longer in existence.
2. Officer of M. N. S. have been clubbed with commissioned officers as they have now the same status.
3. It has been provided for that the service of ,T. C. Os may also be verified with reference to Gazette notifications as they are gazetted.
-10 19 1. The word "audit" was prefixed to the word "report" and the last sentence of the rule deleted as audit report contains the correct calculations of a pensionary award also.
2. The words "submit is to the authority empowered to sanction the pension" were substituted by the words "submit it to the prescribed authority" because in the case of Navy & Air Force the audit report was submitted to Naval Headquarters and Air Headquarters respectively who were not the pension sanctioning authorities and who further submitted it to the Ministry of Defence.
11 20 Modified in accordance with Ministry of Defence letter No. F. S2(5)/57/6480/D (Pensions/Services) dated 5-8-59.
BLANK.
No change in substance.
The words "subject to the Secretary of State for India and" omitted being redundant.
No change in substance.
BLANK.
12 13 to 15
16
17
18
19
20
21
22
le I
2S
17
25
26
17
25
26
Table below rule 17
Table I Table below mle Column 2 of the existing table omttted as separate tables for commissioned officers and personnel below commissioned officer's rank have been introduced.
r Item i
Item
-v-.i
1
fable I—Contd. 1 2(a)
2(b) Item
iltem 3(a)
item 3(b)
Item 4(a)
Item 10 Item 16
Item 11
Item 12
:3tem 4(b)
| Item 5
! Item 6
! Table II
j Item l(i)
131
Item 12
Item 31
Schedule below rule 25.
Item 12
Provision made in accordance with the actual practice followed in this regard.
1. The documents actually submitted have been shown in column 3.
2 Column 5 modified with reference to Mi- ; nistry of Defence Memorandum No. 179410/Pen-C dated 6-11-56.
Provision made ^ ^ ^ ^ f i ^ t stry of Defence letter No 1389» /1 /^ «• $4-50 as amended, Mtastry of Defence memorandum No. 179410/Pen-C dt. 6-11-56 and the actual practice m vogue.
1 m column 3 the list of documents have been shown on the pattern of that adopted for personnel below officer rank.
2. Column 5 modified w i & r r f a e ^ toMig stry of Defence memo No. 179410/Pen-3C dt. 16-11-56.
<tenarate provision has been made to cater * g ? * c t a £ t for Education Allowance,m
respect of children of commissioned officers and is based on the actual practice m vogue.
Modified with reference to the actual practice and Ministry of Defence memorandum No. 179410/Pen-C dt. 6-11-56.
Item l(ii) Item 13
1 Modified with reference to the schedule to Ministry of Defence letter No. F. 67(5)/55/9800-D (Pensions/Services) dt. 20-9-56.
2 Clause (b)(ii) under column 4 incorporate 2- ed with reference to the p r o v e s rf£*-
nistry of Defence letter No. 171751/Pen-K dt. 23-3-55.
3. Clause (c) under column 3 split up mtottro sub-clauses as per decision in Minsitry of Defence file No. 176562/ffl/Pen-C.
Modified with reference to the^Mmgry of defence letters No. F «7(5)/55/9800(D U en sions/Services), dt. 20-9-56 and 171751/ Pen-R dt. 23-3-55.
132
Table j[—Contd. ~~ I t e t n 3^a> • • Based on A.I. SIS/55.
Item 3(b) . , B a s c d 0 Q A i L 4/s/56.
Table HI Schedule below rule 26.
Item 1 item 9
Item 5
Item 6
Ministry of Defence letter No. F. 67(S)/55/' 9800-D (Pensions/Services) dt. 20-9-56 See- <* also their file No. S2(14)/57/D (Pens./Sers.).
I t e m 2 • • Ministry of Defence letter No. F. 67{S)/55/' 9800-D (Pensions/Services) dt. 20-9-56.
l t e m 3 ■■ Based on Ministry of Defence letter No F 67 (S)/55/9800-D (Pensions/Services) dt. 20-9-56..
I t e m 4 • • Based on A. I. 87/56.
Based on Ministry of Defence letter No F 67 (s)/55/9800-D (Pensions/Services) dt. 20-9-56.
Based on decision taken in Ministry of Defence files No. I47741/C- and F. 80(I)/55/D-(Pensions/Services).
I t e m 7 • • Based on A. I. 6/S/55.
Item 7-A Item 23-A I t e m 8 • • Based on A. I. 87/56.
I t e m 9 • • B a s ed on decision taken in A.G's Branch file No. 91950/AG/PS4(C).
Item 10 item 33 (1) As payment of pension outside will not be permitted in future, provisions relating thereto have been omitted.
(2) Based on Annexure to Ministry of Defence letter No. 82(14)/57/5354D (Pensions/Services) dt. 4-7-60.
Item 11 item 36 Independent Sub-Area Commander also made competent authority for the purpose of this rule vide Ministry of Defence letter * No. 82(14)/57/5354/D (Pensions/Services) d t . 4-7-60.
Item 12 item 3S-A
Table IV Tabel below rule 17.
Item 1 i t e m 2 5 i. i t e m ( 3 ) u n d e r c o l l u m 4 o f ^ ^ table omitted in view of A. I. 194/47 as amended by A. I, 412/47.
*
133
Table IV—Contd. 2. The provisions under column 6 of the existing table omitted as (a) personal allowance is not admissible under New Pen-
. ' sion Code ; and (b) no pensionary award is admissible in case of dismissal.
Item. 2 ' item 23 1. Item (v) under column 3 inserted on the basis of A. L 152/48.
2. Item (vii) under column 3 inserted with the introduction of this certificate by Controller of Defence Accounts (Pensions) necessitated by the promulgation of New Pension Code.
<: 3. In column 4, the procedure for submission and disposal of claims to pension and gratuity has been shown separately and is based on the existing practice.
Item 3 Item 23 Separate provision has been made to indicate the procedure for submission and disposal of claims to pension or gratuity in lieu in respect of reservists and is based on the existing practice.
Item 4 Item 24 1. The provisions of Army Order 301/55 to the extent necessary have been incor porated.
2. A provision has been made for the submission of the other documentary evidance relating to the injury in cases where injury report is not available on the basis of para. 6 of chapter 2 of Guide to Medical officers and Medical Boards.
Item 5 - Item 26 The provisions of Army Orders 301/55 as amended by Army Order 301/59 to the extent necessary have been incorporated.
Item 6 Item 26-A
Item 7 . . Based on A.I.17/S/59 and Controller «f Defence Accounts (Pensions) circular No. Grants/Tech. 82 dt.' 17-2-58 to cater for claims to family pensionary awards in non-attributable cases.
item 8 Item 26-D Modified with reference to A. I. 400/51. See also A.G.'s Branch file No. 52897/ P.S. 4(a).
Item 9 Item 26-B
Item 10 Item 26-C —
10—115 Army/61
134
S J ? 1 JV~C0M<i- Based on rule 36. The procedure for submis-i t e m u ' sion of claims to advance of pension/invalid
/special pensions has been made clear.
Item 12 Item 30
Table V Schedule below rule 25.
Item 1 Item 17
I t e m 2 . . Based on A.Is 3/S/56 and 259/58.
T t e m 3 . . Based on A.Is 6/8/55 and 10/5/58.
Table VI Schedule below rule 26.
Tf m i Ttem 9 Modified with reference to Ministry of De-I t e m l I t e m 9 fence letter No. 82(l4)/57/5354/D (Pensions/
Services) dt. 4-7-60.
Ditto.
Ditto.
Item 2
Item 3
Item 4
Item 5
Item 6
Item 7
Item 8
Item 9
Item 10
Item 11
I .cm 12
Item 10
Item 12
Item 13
Item 17
Item 16
Items 14&15
Item 10
Item 18
Item 19
Modified with reference to Ministry of Defence letter No. 82(14)/57/5354/D (Pensions/ Services) dt. 4-7-60.
Modified with reference to Ministry of Defence letter No. 82(14)/57/5354/D (Pensions/ Services) dt. 4-7-60.
Based on Ministry of Defence letter No. 182932/Il/Pen. C dt. 5-12-58.
As the Mo. of such eases is few and far between it has been decided to deal with them at Govt. level.
T t e m 1 3 As Controller of Defence Accounts (Pensions) is competent to sanction the original award of disability pension, the power to revise it on the basis of findings of Resurvey Medical Board have been given to him.
1
Table VI— Contd.
Item 14
3tem 15
Item 16
Item 17
Item 18
Item 19
j:tem 20
Item 21
:item 22
item 23
Item 24
Ilttnr25
l|tem 26
tern 27
Item 28
Item 29
Item 22
Item 23
Item 31
Item 31
Item 34.
Item 36
Item'37
Itemi3S
135
Based on A. I. 235/55 as amended from time to ■ time.
Based on Ministry of Defence letter No. 182932/II/Pen-C. dt. 5-12-58,
' As the question of division of the award normally admissible under rules involves no extra financial commitments are involv-ed, it has been decided that the powers in respect of clause (C) should be exercised by Ministry of Defence.
Based on provisions for combatants of the Army vide item 9 above.
Based on A. I. 6/S/55..
Based on para 5 of A. I- 1Q/S/58.
Based on A. I. 235/55.
Based on decision taken in A.G.'s Branch file -No. 9l950/A.G./PS4(C).
Modified with reference to Ministry of De-; fence letter No. 82(14)57/5354/D (Pensions/
Services) dt. 4-7-60.
Modified with reference to Ministry of Defence letter No. 82(14)/57/5354/D (Pensions/Services) dt. 4-7-60.
Based on Ministry of Defence letters No. 87774/AGP S4(b)/6561/D (Pensions/Services) dt. 8-8-59 and No. 82(14)/57/5354/D (Pensions/Services) dt. 4-7-60.
Modified with reference to Ministry of Defence letter No. 8 8082/AG/PS4(a)/6844-D (Pensions/Services) dt. 6-8-58.
1. Modified with reference to Ministry of ■ , Defence letter No. 82<14)/57/5354/D (Pen
sions/Services) "'dt. 4-7-60, 2. The pensioners residing in Nepal have been
treated as though living in India for the purpose of this rule,
Modified with reference to Ministry of Defence letter No. 82(14)/57/5354/D (Pensions/ Services) dt. 4-7-60.
136
23 to 25
26 33
37
38 to 40
41
42
43
BLANK.
1. Based on A. genda Nos. 223/51.
I. 152/4S as amended by Corri-93/48 and 121/59 and A. I.
2. No reference to service/retiring pension made in the rule the effect of which would be to permit grant of anticipatory pension in cases where claim to disability pension has been preferred and could not be finalised, but the individual has sufficient qualifying service to be eligible for service/ retiring pension.
3. Clause (C) inserted on the basis of A. I. 237/55.
27
28 29
30
31 32
33 to 35
36 36
BLANK. Based on para 1 of A. I. 24/57
Based on para 3 of A. I. 24/57 Ditto.
Ditto.
Based on para 4 of A. I. 24/57
BLANK. Reworded. No change in
cept that it has been made explicit that the rule is also applicable to invalid and special pensions.
Based on Ministry of Defence letters No. 53/ l/55/7403-B/D(PP) dt. 24-8-55 & 53/1/56/ 12917-D (Pensions/Services) dt. 15-11-56 and amended by No. 53/1/56/14141/D (Pensions/Services) dt. 14-12-57.
BLANK.
Based on paras 1 and 9 of A. I. 16/53.
Based on para 2 of A. I. 16/53 and A. I. 254/ 51,
1. Based on paras 3 & 9 of A. I. 16/53, and para 2 of A. I. 254/51.
2. It has been made "clear in the rale that in respect of claims to Pending Enquiry Award the date of the claim was the date on which the documents necessary _ to determine entitlement to family pension are received in the office of the Controller of Defence Accounts (Pensions)
137
44 . . : Based on para 4 of A. I. 16/53. .. ' ' ■ ■ ' Provision has been made to refer cases, where
the Controller of-Defence Accounts (Pensions) felt a doubt in regard to eligibility of
-.: aii heir for the grant of Pending Enquiry . Award to the Government.
■ AS] ■'■■:'-:-■ ■. ... Based on para 6 of A, 1.16/53. : 46' :-.,; ,■,.■■. Ditto.
' '47' 'V - ■■■■■. ■,.'. . . . Based on paras 6 & 7 of A. I. 16/53.
Provision has been made to stop further payment of Pending Enquiry Award on receipt by the Record Officer of an authenticated and definite information regarding ineli-gibility of the claimant.
48 , . Based on para 7 of A. I. 16/53 as amended by
Corr. No. 58/54:
49 .: :'' . . Based on para 8 of A. 1. 16/53.
50 ..." ;.. "■'. BLANK.
51 ". 40 ■ ■ . 1. Specific provision has been made in respect of reservists in clause (a) of the rule.
2. The date from which pension other than family pension is payable to officers and personnel below officer rank has
. been made explicit.
52 , 41
53 44 As payment outside India has been stopped, clauses (ii) and (iii) have been omitted. Clause (b) inserted to indicate how payments of pension outside India are to be regulated.
54 .54 1. The last sentence of the existing, clause (1) omitted, being superfluous.
2. In clause (b) the words "minister of religion" . . . has been replaced bywords "a dip-
. lomatic representative of the. Government of India" vide Art. 749 C. S. R.
55 56 Reworded. N o change in substance. It has, however, been made clear in clause (b) that the rule is applicable to pensioners re-
.'..>-: employed in posts paid from Defence Services Estimates.
■■56 : .'...;. - : Based on A. Is. 235/55 & 87/56.
138
57 68 The rale has been made applicable to officers and their families and clause (c) modified with reference to the decisions taken on file No. 91950/AG/PS4(c).
58 55 I. Modified with reference to Ministry of Finance No. D/14247-B.I/53 dt. 5-1-54 and C.S. No. 162 dt. 1-6-54 to Rule 360, Civil Treasury Rules Vol. I.
2. The rule has been made applicable to payments made by Pension Paymasters and is based on actual practice.;
59 62
60 63 Clause (ii) has been omitted being redundant.
61 67
62 to 63 . . BLANK.
64 42 1. The word "departure" has been used ID place of "embarkation" in clause <b)(i) to cover cases of pensioners proceeding outside India by air.
2. Clauses (a) & (c) modified with reference to Ministry of Defence letter No. F. 79(13)57/ 4570/D (Pensions/Services) dt. 6-6-59.
3. Clause (b)(iv) modified with reference to Ministry of Defence letter No. F45(2)/58/ 2206-D (Pensions/Services) dt. 11-3-59.
4. Existing clauses (iii) & (iv) and portions of clause (ii) of the existing rule omitted being redundant.
65 51(i) Last sentence added to the rule to indicate action by the Pension Disbursing Officers.
66 52 1. Reference to rule 54 made in clause (a) being relevant.
2. In clauses (b) & (d) the words "Local Government" has been replaced by words "State Government or Administration" which is the correct terminology after reorganisation of states.
3. Clause (c) modified with reference to Ministry of Defence letter No. 92945/AG/ PS-4(c)/3436-D (Pensions/Services) dt. 23-4-60 and the word "chaplain" omitted same having been omitted from Arts. 934 & 935 C. S. R.
139
6S 60
69 to 70
71 43
72 51(u)
73 53
74
■ effect already exist n : .^
nistry ° f . D e t S c e s ) dt. 4-7-60. j> (Pensions/Services^ «
*' »„t nf oension at
v a n 0 us su i ^ e n d i x B . separately in ^ ^ G e v t <
<, Clause (b) modified with refe^ence^
Order 464/58. w ' has
been used in place oi . - •„« has been made lor
identilication »y p Order 464,58. . ^ ^
* a S ^ S r t 5 a l s o considered cpmpe
of Defence letter ^ 1049l/Pen-C dt. to
4 The procedure for * £ * ^ A *
and Bhutan nas
, "forfeiture" has been replaced
,aauseCOwaSreWord6dWithouta,ychauge. 58(a)
HO
75 58(b)
76
77
78
59
61
79
80 65
SI to 82
83
84
«5
77
78
84 87
political n a t u r t p t v l d f d ^ °&°™ <*
^ S ' ^ ^ S ^ - J o r forfe.ted"
Based on para 2 ofA. I. 235/55.
L & ^ f l f f l ** Oovt of lndia
^. 6-8-58 ^ f d i S L (Pej?slons/Services) respect of Gork£ n
PraCt 'Ce f ° U o w e d ™
2. Clause (f) based on ControlW r Defence Accounts l c t S ™ * ? X § % $ «
ments by p e m i „ , T applicable to nn„_ > i-ension Paymasters. pay-Tne phrase "whose rfMti, ■
attributable to militJv J * c o n . s W e ^ not he compassionate a°l?v? r e n t i a t e {t f f o n l
to children of commk ? T e ad^ssible under the revised P « a J W d °fficers" As « « not admissible the": X " ^ k t i o n s necessary, fe omitted. P a S e b e i nS un-
BLANK.
BLANK.
1. A >'i>,
BLANK.
141
1
HO 79 1. Exception below clause (A) inserted because of the scheme of Pending Enquiry Award vide AJs . 254/51 & 16/53.
2. Clause (c) modified with reference to A.I. 400/51. See also A.G.'s Branch file No. 52897/P.S.4(a). A reference to allowances attached to decorations omitted as they
■ are not pensionary benefits. 3 Clause (D) based on Ministry of Defence
letter No. 177148/1/Pen-C dt. 6-3-57. 4. Clause (E) based on Controller General
of Defence Accounts No. 3156/At-P dt. 22-4-59.
89 80 ■■
90 81 No change in substance.
Qi 85 The heading of the rule changed and clause (c) inserted vide Controller General of Defence Accounts letter No. 3156/At-P dt. 22-4-59.
92 . . BLANK.
95 92, 93, 96 & 97 The provisions of rules 92, 93, 96 & 97 combined to form only one rule for ease ol reference. N o change in substance.
ofi 98 Modified with reference to Minsitry of Finance (Defence) Memo No. 6372/At-P dt. 16-12-59.
97 99
98 to 99 . . BLANK.
1 0 0 94 The word "erroneous" has been inserted in the heading because in certain cases the grant of two family pensions is admissible vide rule 222 of Part I of these Regulations.
101 95
102 to 105 . . BLANK. 106 106 Modified with reference to Ministry pf De
fence letter No. F. 79(2) 57/4104-I/D (Pensions/Services) dt. 14-5-60.
107 ' 108 Modified with reference to Ministry of Defence letter No. F . 47CD/56/6583-D (Pensions/Services) dt. 30-9-57.
108 107 1. The provisions regarding the procedure for commutation of pension outside India omitted from clause (c) being outmoded.
142
108—contd.
109 109
110
111
110
111
112
Appendix I
Appendix II
Appendix III
112
Appendix I
Rule 43(0
2. The words "local government" have been replaced by the words "State Government/ Administration" which is the current terminology.
3. The words "military medical board" have been substituted by the words "Services medical board" to admit of the officer being examined by Army, Naval or Air Force Medical Board whichever may be available.
The words "Reserve Bank of India" amplified to read as "Reserve Bank of India, or its agencies carrying on treasury functions for the time being on behalf of the Central Government" as the Reserve Bank was doing the work of a treasury at certain places in India.
Medical board form in cases of impaired lives amplified to make it self-contained.
As the provisions regarding procedure for commutation of pension outside India has been omitted from the revised Regulations, the words "if commutation..., pension is issued" occurring in clause (iii) of the existing rule were omitted.
Modified with reference to the constitutional changes that have taken place in India after Independance.
Based on A. I. 24/57.
Modified with reference to Ministry of Defence letter No. F. 28(8)/59/2793-D (Pensions/Services) dt. 2-4-60.
Appendix IV Appendix IV Modified with reference to A. I. 308/58.
Memo explanatory of the treatment accorded in the Pension Regulations for the Army (1961) to each rule in the Pension Regqlations for the
Army in India (1940)
Number of the rule in Pension Regulations
(1940)
Number of the corresponding regulations in Pension Regulations
(1961)
Explanatory remarks
1
2
3
4
5 to 15
16
17
1
2
3
Definitions
BLANK
t 16 & 20
Table below Rule 17
Items 1 to 9, "1 13 to 15, ! Omitted 18 to 22'& | 27 to 29.: j
Item 1 of Table I Item 3 of Table I Item 4 of Table I Item 2 of Table I Item 2 of Table IV Item 4 of Table TV Item 1 of Table IV Item 5 of Table IV Item 6 of Table TV Item 9 of Table IV Item 10 of Table IV Item 8 of Table TV Item 12 of Table IV Item 6 of Table I
Terms which have become outmoded have been omitted.
Clause (i) omitted being redundant.
Being redundant.
Categories of personnel not in existence omitted.
Categories of personnel mentioned at-item (i), (ii), (iv), (vi), (vii): & (ix) are not
BLANK Item l(i) of Table II Item l(ii) of Table II Item 1 of Table V
18 & 22
Omitted
BLANK Item 1 of Table HI & VI.
Item 8 of Table VI Item 2 of Table VI Item 3 of Table VI Item 4 of Table VI Item 7 of Table VI Item 6 of Table VI Item 5 of Table VI Item 9 of Tabls VI Item 10 of Table VI Item 16 of Table VI Item 17 of Table VI
Item 6-A of Table III BLANK Item 23 of Table VI Omitted
in existence and hence omitted,
Being redundant.
Categories of personnel mentioned in these items are not in existence.
The competent authority viz., Controller of Defence Accounts (Other Ranks) has been indicated in the rule itself.
145
Item 33 Item 34 Item-35 Item 36
Item 37 Item 38 Item 38-A
Rule 27
28
■29 to 32.
. 33 : .
34 & 35
. 3 6
37 to 39
40
■ 41
42
43
Item 10 of Table III Item 26 of Table VI
. . Item 11 of Table III and item 27 of Table VI.
Item 28 of Table VI Item 29 of Table VI Item 12 of Table III
4
12
BLANK
26
Omitted
36
BLANK
51
52
. 6 4
71 & Appendix III
44
The rule has not yet been finalised.
53
45 to 50
51(i)
51(ii)
52
53
54
55
56
BLANK
65
72
66
73
54
58
- 55
Categories of pensioners mentioned in these rules not in existence.
The list has been prepared state-wise after reorganisation of India.
Payment of pension outeide India having. been banned, the direct provisions in clauses (ii) & (iii) of the existing rule omitted.
146
1
57
58(a)
58(b)
59
60
61
62
63
64
65
66
67
68
69 to 70
71 1 1
72 y I 73 J
74 to 76
77
78
79
80
81
S2&83
2
Omitted
74
75
76
68
78
59
60
Omitted
80
Omitted
61
57
BLANK
Omitted
BLANK
83
85
88
89
90
BLANK
3
As it refers only to some rule, it is considered as superfluous.
*•
Clause (ii) omitted as the grant of capitation allowance is not admissible under Pension Regulations Part I.
All pensions are paid in rupees.
Allowances attached to gallantry decorations being not strictly "pensionary awards", this rule should not find place in Pension Regulations.
••
••
Payment outside India having been banned, there is no necessity of these rules in the Regulations.
••
■ •
Reference to I. O. M. allowances etc. omitted in view of remarks against rule 66.
■ •
■■
■ •
i
147
84 . . . 86"
85 91 . . .
88 ~] .. These rules have not yet been finalised. V
89 J 90 ^ *
. J- BLANK 91 J 92
93 j 95 The provisions of all the four rules have been combined to form one rule.