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    RESTRICTED

    The information given in this document is

    not to be communicated, either directly or

    indirectly, to the press, or to any person not

    authorised to receive it.

    PENSION REGULATIONS

    VOLUME - 11

    ARMY

    1986

    __________________________________________________________________

    (Incorporating corrections/orders issued upto 31 Dee 1985)

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    ERRATA

    To Pension Regulations, Volume 11, 1986

    Serial Page Rule Amendment

    1 14 29a(2) (b) iii For 'whcih' Read 'which'.

    2. 14 29c For 'regulatins' Read 'regulations'

    3. 18 33b(3) (a) Words 'receipt of the' printed at the

    end in Ist line of rule 33b(3)(a) may

    be deleted.

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    (i)

    RECORD OF AMENDMENTS

    Serial No Amendment No Rule Amended Date of Insertion

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    (ii)

    RECORD OF AMENDMENTS

    Serial No Amendment No Rule Amended Date of Insertion

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    (iii)

    PREFACE

    The Pension Regulations, volume 11, 1986, are issued under the authority of the Federal

    Government. These supersede Pension Regulations for the Army in India, Part 111, 1940.

    These regulations have been updated upto 31 December 1985.

    2. A table of concordance has been added at the end. It shows the rules in this edition, the

    corresponding provisions in the superseded edition and other references on which the revised

    edition is based.

    3. These regulations. will be applied reasonably, and with due regard to the

    interest of the State.

    4. Any error and omission should be reported to Regulations Directorate,

    AG's Branch, GHQ, Rawalpindi.

    (SYED IJLAL HAIDER ZAIDI)

    Secretary to the Government of Pakistan

    Ministry of Defence

    Rawalpindi, the 28 January 1986.

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    (iv)

    TABLE OF CONTENTS

    Serial No Pages

    1 Record of Amendments (i--ii)

    2. Preface (iii)3. Table of Contents (iv- -v)

    CHAPTER 1 - GENERAL RULES Rules

    4. Extent of application 1

    5. Delay in settlement of pension claims and payment of pension to

    be avoided 2

    6. Pension to be calculated to the nearest rupee 3

    7. Counting of former service 4

    CHAPTER II - GRANT OF PENSION/GRATUITY

    SECTION 1 - PROCEDURE

    8. Commissioned officers 5

    9. Personnel below commissioned rank (including NCEs) sanction of Pension 6

    10. Commutation cases 7

    11. Payment 8

    12. Mode of payment 9

    13. Payment by PDO (Post Office/ Treasuries) 10

    14. Blank 11

    15. Blank 12

    SECTION 2 - PENSION APPEAL COMMITTEE

    16. Pension appeal committee 13

    17. Composition of committee 14

    18. Decision against which appeal may be submitted 15

    19. Time limit for appeals 16

    20. Procedure 17

    CHAPTER III - PAYMENT OF PENSION

    21. Date of commencement of pension 18

    22. Duration of pension 19

    23. Mode of payment of pension to pensioners 20

    24. Identification of military pensioner below commissioned

    rank 21

    25. Agent 22

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    (v)

    Serial No. Rules

    26. Certificate of re-employment. 23

    27. Payment in respect of deceased military pensioners 24

    28. Blank 25

    29. Issue of supplementary Instructions by the CMP Lahore and theDirector General, Post and Telegraphs 26

    CHAPTER 1V - LIMITATION OF CLAIMS

    30. General provisions 27

    31. Blank 28

    32. Officers, JCOs, other ranks, reservists, Non-combatants and 29

    followers, and their families

    33. Claims for rechecking former service for pension and gratuity 30

    34. Arrears of pension - military pensioners 31

    CHAPTER V - RECOVERIES AND OVERPAYMENT

    35. Mode of recovery of public claims (other than over payments

    of pension), regimental debits and regimental claims 32

    36. Over payment of pension not due to an error in law (including

    a mis-interpretation of rules and orders) how adjusted 33

    37. Overpayment of pension due to an error in law including those

    due to a mis-interpretation of rules and orders 34

    38. Overpayment to female pensioners who submit false certificate

    of widowhood or non-marriage 3539. Powers of the CMA to write off overpayments of pension 36

    40. Overpayments indicating defective system or serious failure of audit 37

    CHAPTER VI - RESURVEY MEDICAL BOARD

    41. Procedure for holding of resurvey medical boards for

    continuance or otherwise of disability pension 38-39

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    1

    In exercise of the powers conferred by Section 176-A of the Pakistan. Army Act, 1952

    (XXXIX of 1952), the Federal Government is pleased to make the following regulations,

    namely:-

    PENSION REGULATIONS, VOLUME-11, 1986.

    CHAPTER 1 - GENERAL RULES

    1. Extent of Application.Unless otherwise provided, the rules in this part shall apply to

    all personnel whose pensions are regulated under Vol 1 of these regulations.

    2. Delay in Settlement of Pension Claim and Payment of Pension to be Avoided.

    All officers of Government who are responsible for dealing with the 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.

    3. Pension to be Calculated to the Nearest Rupee. Pension shall be calculated to the

    nearest rupee that is, where t exact amount works out to 50 paisas or more, it shall be taken to

    the next higher rupee, amounts below 50 paisa being disregarded.

    4. Counting of Former Service

    a. The claim for counting of former service rendered in any of the armed forces,

    will be preferred on Annex A. As for the type of former service, which can be

    counted, and the conditions attached thereto, Pension Regulations, Volume 1,

    1986, Rule 22 and 87 refer.

    b. Annex A will be submitted to CORO, Corps/Regt Records Wing by the unit of

    the individual as the case may be. Following documents. where applicable, will

    also accompany annex A: -

    (1) Record copy of sheet roll, completed in all respect, including number

    and date of the Notification of the grant of commission.

    (2) Authenticated documentary evidence, if any, pertaining to previous

    service eg sanction of the CMA for former service, discharge certificate

    proof of transfer to pension establishment etc.

    (3) Conduct Sheet.

    c. In case of former pensionable civil service, the claim will be supported by the

    following certificate in addition to civil service records/book:-

    (1) A certificate from the Accountant General of the Province in which

    served or AGPR if Federal Service, that his former civil service (quoting

    period) has been verified and the same is pensionable under CSR.

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    2

    (2) A certificate from the head of the department that his hen with his civil

    department has been terminated.

    (3) A certificate from the Accountant General (Provincial or Federal) that

    the debit for the proportionate share of the pension on the total length of

    service will be accepted by him.

    Note: - No claim is required in a case of combatant pensionable service where there

    has been no break in service of an officer getting commission from ranks or for

    the counting of service as a cadet.

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    3

    CHAPTER 11 -GRANT OF PENSION/GRATUITY

    SECTION 1 - PROCEDURE

    Commissioned Officers

    5. The following procedure will be followed:-

    a. Action by Officer Incharge CORO

    (1) On receipt of PAFA-861 (Release Order) Officer Incharge CORO shall

    forward PAFA-862 (Application form for Gratuity/Pension Commutation) to

    the unit of the officer for completion and return by a specified date.

    (2) On receipt of pension documents, duly completed, alongwith casualty return

    from the unit, will publish casualty in Part II Orders showing the date of SOD,

    period of LPR and date of SOS of the officer. He will also forward one copy of

    Part II Orders to PP&A Dte.

    (3) Will forward following documents to CMA(O) four months before the date of

    SOS, where applicable, of the officer under intimation to PP&A Dte:-

    (a) PAFA-861 - One copy each to Pay section and Pension

    section.

    (b) PAFA-862 - One copy to Pension section.

    (c) Part II - In triplicate to Pay section.

    Orders.

    (4) In case of officers serving with the PAF and the Navy, the above form will be

    sent to Controller of Accounts of Air Force and Navy who will forward

    PAFA-864 (Average Emoluments Certificate) in duplicate direct to Pension

    Section of CMA (0) with a copy to CORO and a copy of the covering letter to

    PP&A Dte within a week on receipt of documents from CORO.

    (5) Will forward PAFA-373 (Pension Certificate) to the officer on receipt from

    CMA(O) Pension Section.

    Note:- CORO will ensure that documents sent to the unit are returned without undue delay.CORO will also ensure that the documents are sent to the CMA(O) complete in all

    respects including condonation of deficiency in service where admissible.

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    b. Action by OC Unit. Will return the document. mentioned in (1) above by the date

    specified by CORO. In case of delay he will inform CORO stating the reasons and

    giving approximate date by which the form will also be returned.

    c. Action by CMA (0) Pension Section

    (1) The audit report will be submitted to PP&A Dte alongwith all the relevant

    documents, well in time so that pension sanctioning authority may sanction the

    pension two months before the date from which it has to take effect. A copy of

    covering letter will be endorsed to CORO. In case of delay they will inform

    PP&A Dte stating the reasons and giving approximate date by which audit

    report will be rendered, with a copy to CORO.

    (2) On receipt of sanction from PP&A Dte they will notify pension and forward

    Pension Certificate (PAFA-373) to CORO within one week of issue of

    sanction of the competent authority. Subsequent monthly bills will be sent to the

    pensioner by 10th of each month.

    d. Action by PP&A Dte

    (1) Will open individual file of the officer immediately on issue of his release order

    and will keep a close watch on the progress of all individual pension/

    gratuity/commutation cases of officers.

    (2) Will issue sanction two months before the date of SOS on the basis of audit

    report received from CMA (0). Original sanction alongwith documents will be

    sent to CMA(O). A copy each of the pension and commutation sanction will be

    sent to CORO and the officer concerned alongwith a blank pension bill

    (PAFA-319) to enable the officer to claim payment from CMA (0).

    e. Pension Ex-Gratia. On receipt of application from the officer the claim for this

    pension will be initiated by Officer I/C CORO and forwarded to CMA (O)

    who will submit an audit report in triplicate to GHQ, AG's Branch (PMA). On

    receipt of sanction CMA (0) will compare it with their audit report and have it

    notified.

    f. Action by the Pensioner

    (1) Is required to submit a monthly pension bill (PAFA-319) to CMA (0)

    Pension Payment Section before 10th of each month in which pension

    falls due.

    (2) A pensioner has the option to authorize his bank to claim pension every

    month on his behalf. For this purpose a power of attorney

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    on a judicial paper of Rs. 5.00 should be given to his banker as per

    Annex D

    Personnel Below Commissioned Rank (Including NCs E)

    6. Sanction of Pension

    a . Record will submit cases regarding service pension/ gratuity/pension/

    special/ordinary family pension and disability pension to FPO, Pension Cell

    concerned well before the period of two months. On receipt of audit report, the

    OIC Records will ensure that pension is sanctioned not more than two months

    before the date from which it has to take effect.

    Notes

    (1) Audit report and notification of ordinary family pension of pensioners

    who proceeded on pension prior to 15 August 1981 and whose

    pension was notified by CW will be dealt with by CMP.

    Regiment/Corps will forward the following documents to CW in

    addition to documents required to be submitted vide Appx-1 to PAO

    558/51: -

    (a) Copy of original PPO.

    (b) Copies of subsequent corrigenda. PPOs under which

    pension was revised.

    (c) Pension book of the deceased.

    (2) Cases of division of family pension. 2nd fife and compassionate

    allowance pertaining to the period prior to 01 July 1982 will continue to

    be dealt with by C11P.

    b. Pension Ex-Gratia. On receipt of application from the applicant, the claim for

    this pension will be initiated by OIC record and forwarded to FPO (Pension

    Cell) who will submit an audit report in triplicate to GHQ, AG's Branch (PP&A

    Dte) under countersignature for sanction' by competent authority. On receipt of

    sanction FPO (Pension Cell) will compare it with their audit report and have it

    notified.

    7. Commutation Cases

    a . The application for commutation of pension. on prescribed form (PAFA-855),

    indicating the percentage of pension required to be commuted by the pensioner,

    will be obtained from the JC0s1OR at the time of their proceeding on

    discharge/retirement.

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    b. The commutation application alongwith the pension claim win be forwarded to

    FPO (Pension Cell) concerned for rendering audit report.

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    c. OIC records will issue sanction for commutation of pension in terms of the audit

    report.

    d. Payment of commuted value will be made to the pensioner by the records, out

    of its cash assignment, through a bank draft or cheque -as considered

    appropriate. Payment authority will be obtained from FPO (Pension Cell)before issuing cheque/draft.

    Note:-The pensioners, whose pension cases were finalized prior to 15.8.81 and

    1.7.82 respectively and notified by the CMP Lahore Cantt, will apply

    for commutation of pension to OIC records through CMP Lahore

    Cantt who will render audit report. On receipt of cheque from CMP

    Lahore Cantt payment of commuted value will be made to the

    pensioner by the record out of its cash assignment through a bank draft

    or cheque as desired by them.

    Payment

    8. The sanction for pension and capitalized value on account of commuted value of

    pension alongwith other relevant documents will be sent by OIC records to FPO (Pension

    Cell). The FPO will compare the sanction with the audit report given by him and point out

    discrepency, if any to the pension sanctioning authority for rectification thereof. He will notify the

    award in the IPPO (Pension Payment Order) as per sanction and arrange payment of pension

    through the PDO (Pension Disbursing Officer) concerned. Family Pension to the widows and

    disability pension will be paid monthly in arrears. All other pension will be paid quarterly in

    arrears. However, JC0s pensioners, who have been granted honorary commission, may if they

    so desire, draw their pensions monthly in arrears. Pension payment orders will be clearly

    marked as to whether payment is to be made monthly or quarterly to the pensioners concerned.

    Mode of Payment

    9. Pension and allowances to pensioners will be paid by one of the following agencies:-

    a. Post offices. Those who are residing in the province of Punjab/NWFP/

    Baluchistan.

    b. Provincial Treasury. Those residing in the province of Sind (excluding Karachi),tribal area of NWFP, Northern Areas (Gilgit).

    c. Federal Treasury Karachi. Those residing in Karachi.

    10. Payment by PDO (Post Offices/Treasuries). On receipt of sanction from the record

    office, FPO (Pension Cell) will issue Pension Payment Orders to the PDOs for making payment

    of pension to the individuals concerned.

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    11. Blank.

    12. Blank.

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    SECTION 2 - PENSION APPEAL COMMITEE

    13. Pension Appeal Committee. The committee will consider appeals against the

    rejection of claims to pension m respect of disablement or death arising out of military service in

    the Armed Forces.

    14. Composition of Committee

    a. Secretary, Ministry of Defence - Chairman

    b. Financial Adviser (Defence) - Member

    c. Aprincipal Staff Officer (PSO) - Member

    d. R~presentative Ministry of Defence - Secretary

    15. Decisions Against which Appeal May be Submitted

    a . Rejecting 4 claim, ie a decision against entitlement on grounds that the death or

    disability was not due to or aggravated by Military Service and;

    b . Assessing the degree of disablement.

    16. Time Umit for Appeals. No appeal will be considered if it is submitted after the

    expiry of one year from the date of issue of the decision rejecting the claim. However, the

    Chairman may, at his discretion, relax this time limit.

    17. Procedure

    a . As soon as the claim is rejected by competent authority, the Record Office

    concerned will inform the individual by registered letter (AD) about the rejection

    of his claim, alongwith the date of issue of the decision rejecting the claim and

    that in case he wishes to lodge an appeal against the decision he should apply to

    the Pension Appeal Committee on the form given in Annex B, within one year

    from the date of issue of the decision rejecting the claim.

    b. Record office will make it clear to the appellant that all expenses on travelling,

    stay, etc on account of his appeal in pension before the Pension Appeal

    Committee or by his authorised agent will be borne by him. The appellant is

    allowed to plead his case through a serving/ retired military officer.

    c. PP&A Dte, GHQ will prepare a statement of case, where an appeal has been

    made, setting forth.---

    (1) relevant facts relating to the appellants case including medical history of

    the appellant;

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    (2) the reasons for rejecting the claim;

    (3) any additional grounds that warrant reviews of the previous decisions;

    (4) fresh comments of medical authorities.

    d. The statement of case, duly supported by relevant documents, will be

    forwarded to the Secretary, Pension Appeal Committee for consideration by

    the Committee. Meeting of the Committee will be held at Ministry of Defence as

    and when necessary.

    c. Notice of hearing the appeal as given in Annex C will be given to the individual

    by the Secretary, Pension Appeal Committee, and he would be permitted to

    attend in person.

    f. The Secretary, Pension Appeal Committee, will communicate the decision to

    the Ministry of Defence/PP&A Dte, GHQ for implementation, and the appellant

    informed accordingly.

    g. The decision of the Pension Appeal Committee will be final.

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    (3) A written authority from the pensioner to the representative, bearing the

    pensioner's thumb impression, together with a specimen of the signature

    or thumb impression of the representative.

    c. The certificate, referred to at b(2), shall be accepted by the pension disbursing

    officer, if he has no reason to doubt the veracity of such a certificate. He shallinform the pensioner's representative of any further guarantee which he may

    require to safeguard the payment being received by the correct person. He shall

    also make independent enquiries once a year to satisfy himself that the

    pensioner is still alive.

    d. The pension paying officer is personally responsible for and payment wrongly

    made. In case of doubt he should consult the FPO concerned.

    22. Agents.The pension of an individual, drawing pension through an agent, who has

    executed a bond to refund overpayments shall not be paid on account of a period of more than

    a year after the date of the fife certificate last received and the accounts and pension paying

    officers shall be on the watch for authentic information of the death of any such pensioner, and

    on receipt thereof, shall promptly stop further payments.

    23. Certificate of Re-employment. A pensioner drawing pension shall not be required to

    append to his bill a certificate, showing whether or not during the period for which pension is

    claimed he was re-employed, or employed under Government. In cases where pension is not

    permitted to be drawn during employment or re-employment under the rules in volume 1 of

    these regulations,

    payment of pension shall be stopped.

    24. Payment in Respect of Deceased Military Pensioners

    a. Arrears of pensions claimed in respect of a deceased pensioner within three

    years of his or her death shall be investigated and paid to the heirs of the

    deceased by the pension disbursing officer responsible for the payment, after

    such enquiry into the right and title of the claimant as he may deem sufficient. If

    there reasonable doubt regarding such claim or title the payment shall only be

    made to the administrator appointed by the civil court.

    b. Claims preferred after the expiration of three years from the date of death, alsoclaims to sums in excess of Rs. 2000/-. preferred after 12 months from the

    death of the pensioner and claims to arrears due for periods in excess of 12

    months shall require the sanction of the CMP before payment.

    c. When the exact date of a military pensioner's death cannot be ascertained, the

    CMP Lahore/FPO shall have the power to admit arrears

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    of pension for the entire month in which the cas occured but when the month

    or year of death is not known the payment of arrears shall be limited to a period

    of one month.

    25. Blank.

    26. Issue of Supplementary Instructions by the CMP Lahore and the DirectorGeneral, Posts and Telegraphs

    a .Supplementary Instructions for the payment of pension by the pension disbursing

    officers on matters of detail, not provided for in these rules, may be issued by

    the CMP Uliore with the concurrence of the Mlitary Accountant General.

    b. In regard to pensions paid by the post offices, such supplementary instructions

    may be issued by the Director General, Post and Telegraphs, with the

    concurrence of the CMP Lahore.

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    CHAPTER IV - LBUTATION OF CLAIMS

    27. General Provisions

    a. First claims for pension or allowance and claims for gratuity, under military

    rules, preferred within twelve months of the date on which they fall due shall beentertained 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, such claims shall be submitted for the orders of the President.

    28. Blank.

    29. Officers, JCOs and Other Ranks, Reservists, Non-combatants and Followers

    and Their Families

    a. Except as provided in sub-rule b, claims for the first grant, revision and

    reassessment of pension or allowance and for gratuities in respect of the

    categories specified above shall be dealt with as follow: -

    (1) Claims preferred within twelve months of the date on which they fall due

    in accordance with the general provisions in rule 27.

    (2) Claims preferred after twelve months from the date on which they fall

    due shall be entertained if otherwise in order with arrears as

    indicated below. -

    (a) Where arrears are due to rectification Full arrears subject

    or mistake in assessing or reassessing to a maximum of

    a pension or to revision of pension five years preceding

    etc. Which is not revised through in the date of the pen-

    advertance at the time of a general sion payment order

    revision which the correct or

    the revised rate is

    notified.

    (b) Claims to first grant of pension etc , or to a revision of a pension

    etc in case where reassessment is to be made only on the

    submission of a claim. -

    i . Where explanation is considered Full arrears subject

    by the pension sanctioning autho- to the maximum of

    rity to be satisfactory for the five years preceding

    period since the claim fell due the date of the pen-

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    sion payment order

    in which the award is

    notified.

    ii. Where no action is taken or a peti- Upto three years pre

    tion or it is turned down through ceding date of theerror and the applicant does not application which is

    represent. the case again for more pursued to a finality

    than a year or after that and leads to the

    grant of a pension

    etc, subject to the

    maximum of five

    years preceding the

    date of the pension

    payment order in

    which the award is

    notified.

    iii. Where explanation for the delay From the date of the

    is considered by the pension application subject

    sanctioning authority to be entire- to a maximum of

    ly unsatisfactory. three years preced-

    ing the date of the

    pension payment

    order in which the

    award is notified.

    (Note: Doubtful cases, as also any case in which the grant of arrears in excess of the

    period referred to above is considered to be justified in view of special circumstance of

    the case, should be referred to Govt: for orders).

    b. First claim for family pension preferred after the disqualification of the claimant

    shall not be entertained.

    c. The provisions of this rule shall apply to claims for transfer of family pension,

    fifty percent increase or children's allowance and continuation of allowance

    attached to decorations, e.g. I.O.M. (Indian Order of Merit) but not to thecontinuation of family pension regarding which see rule 166 Volume I of these

    regulations.

    30. Claims for Reckoning. Former Service for Pension and Gratuity. All claims to

    count former service for pension submitted by officers commanding units will, if otherwise in

    order, be admitted by the audit authorities, but in cases where the delay in preferring a claim

    exceeds 2 months from the date when it fell due, the matter will be brought to the notice of the

    superior administrative authority for such action as may be deemed necessary.

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    31. Arrears of Pension - Military Pensioners There is no restriction for the drawal of

    arrears of pension. These will be paid by the pension disbursing officers without any reference

    to the audit office or the pension sanctioning authorities, subject to the validity of the pension

    payment orders.

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    CHAPTER V - RECOVERIES AND OVERPAYMENTS

    32. Mode of Recovery of Public Claims (Other 1han Overpayments of Pension

    Regimental Debts and Regimental Claims. Public claims, other than those on account of

    overpayment of pensions (for which see rule 33), regimental debts and regimental claims, whichthe Government directs an individual to pay, shall be adjusted as follows-

    a. Retrenchments on account of public claims ie excess of pay and unauthorised

    expenditure, stoppages other than those awarded under the Army Act or the

    value of losses and all other claims for which Government holds an officer liable,

    shall be recovered in monthly instalments of one-third of pension until the full

    claim is liquidated. A competent authority may, if it is satisfied that there are

    reasonable grounds for such a course, which must be recorded in writing, relax

    this rule and order recoveries to be made in smaller amounts which in no case

    shall exceed twelve instalments in number.

    b. Regimental debts and claims which are not disputed, the CO of the person

    against whom the claim is made or from whom the debits is due may order the

    recovery of the amount from his pension in such instalments as the CO

    considers reasonable. If in the case of a regimental debt the person from whom

    it is due, disputes the correctness of the amount or repudiates his liability, such

    debt becomes a regimental claim and shall be recovered only under the orders

    of the Government.

    c. Recoveries from disability pension shall require the special orders of the

    Government.

    d. If the individual is eligible for a gratuity in lieu of a pension or if he has

    commuted a portion of his pension the whole amount of the claim shall be

    recovered in one instalment from the gratuity or commuted value of the pension,

    as the case may be.

    33. Overpayments of Pension not Due to an Error in Law (Including a Mis-

    interpretation of Rules and Orders) How Adjusted. Such overpayments shall be dealt with

    as follows:-

    a. If the circumstances leading to overpayments; do not disclose fraud or grave

    misconduct: -

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    (1) Those challenged in audit within twelve months from the date of

    payment:-

    (a) These shall be recovered in instalments of one-third of the

    pension, if a pension is payable.

    (b) If no pension is admissible, payment shall cease immediately theerror is detected and the resultant overpayment shall be

    reported to the competent authority.

    (2) Those not challenged in audit within twelve months from the date of

    payment, including those made partly within twelve months and partly at

    a date or dates more than twelve months prior to the date of challenge.

    -

    (a) If no pension is admissible- payment shall cease immediately the

    error is detected.

    (b) If a pension is admissible but at a lower rate than that paid -

    payment shall be made at the correct rate as soon as the error is

    detected.

    In both the types of cases specified above a report shall be made to the

    competent authority. Pending the orders of that authority, no recovery

    of the overpayment shall be made.

    (3) Action to be taken by the competent authority: -

    (a) The competent authority, on receipt of the reports specified in

    sub-rules (1) (b) and (2) of this rule, shall decide, subject to the

    condition laid down in sub-rule (b) below, whether the whole or

    any portion of the overpayment shall be recovered or written off

    and shall communicate his orders to CMA(O)/FPOconcerned.

    (b) Overpayments made during the twelve months preceding the

    date of challenge in audit shall not be written off, unless it is

    absolutely impossible to effect recovery.

    (4) How Recovery is Made. If it is decided to enforce recovery and a

    pension is payab7e,---itshall be effected in instalments of one-third of

    the pension, unless otherwise specified in the orders. If it is decided to

    enforce recovery and no pension is payable, the method of recovery

    shall be decided by the competent authority in consultation with the

    CMA(O)/FPO concerned.

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    19

    (b) Overpayment made during the twelve months preceding the

    date of challenge in audit shall not be written off, unless it is

    absolutely impossible to effect recovery.

    (4) How Recovery is Made. If it is decided to enforce recovery and a

    pension is payable, it shall be effected in instalments of one-third of thepension unless otherwise specified in the orders. If it is decided to

    enforce recovery and no pension is payable, the method of recovery

    shall be decided by the competent authority, in consultation with the

    CMA(O)/FPO concerned.

    34. Overpayments of Pension Due to an error in Law, including Those Due to a

    Misinterpretation of Rules and Orders. Such overpayments shall not be recovered but

    shall be reported to the Government through the Military Accountant General. If, in any

    particular case, there is a doubt or difference of opinion on this point between the accounts

    officer and the local military authorities, the case shall be submitted for the orders of the

    Government through the Military Accountant General.

    35. Overpayments to Female Pensioners who Submit False Certificates of

    Widowhood or Non-marriage. Overpayments of pension obtained by female pensioners on

    presentation of false certificates of continued widowhood shall, irrespective of the amount

    involved, be referred to the competent authority for orders as to the manner in which the

    sum fraudulently drawn 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 re-marriage, the sum

    obtained by the alleged widow with the aid of the certificate shall be recovered from the

    pensioners who signed it in shares proportionate to the pension which they are receiving, subject

    to the proviso that the monthly pension of each pensioner shall not be reduced by more than

    one-third. In a case of this nature no discretion shall be vested in the competent authority to

    waive the recovery from the certifying pensioners of the amount irregularly paid.

    The provisions of this rule shall also apply mutatis mutandis to overpayments of pension

    made to female pensioners- who-submit false non-marriage certificates.

    36. Powers of the CMA concerned to Write off Overpayments of Pension.

    Overpayments of pension not due to an error in law (including a misinterpretation of rules and

    orders) which are, from any cause irrecoverable may be written off by the CMA upto anamount not exceeding Rs. 200/- in each case.

    37. Overpayments Indicating Defective System or Serious Failure of Audit. Should

    the circumstances in which overpayment has been made in any case reveal any serious

    irregularity or defect in procedure or serious failure of audit for which the staff of the Military

    Accounts Department is responsible a full report of the case shall be made by the CMA to the

    Military Accountant General who shall take such further action as may be necessary.

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    20

    SECTION II - RESURVEY MEDICAL BOARD

    38. Procedure for Holding of Resurvey Medical Boards for Continuance or

    Otherwise of Disability Pension. The procedure will be as under: -

    a. When a temporary disability pension (or renewal thereof) is sanctioned to anindividual, a copy of the letter or the pension payment order sanctioning the

    disability pension alongwith the duplicate copy of the proceedings of medical

    boards will be forwarded to the respective record office by the FPO (Pension

    Cell).

    b. Record office will note the requisite particulars of the pensioner in a disability

    pension register maintained for the purpose, inform the pensioner of the date of

    expiry of his pension and direct him invariably to intimate any change of

    address.

    c. Three months before the date of expiry of the disability pension, the record

    office, after locating the individual on the given address and ascertaining from

    him that he will be available on this address at the time of resurvey medical

    board, will approach the appropriate military hospital listed as below, under

    intimation to ADMS concerned, for holding a resurvey medical board:-

    CMH Rawalpindi CMH Sialkot

    MH Rawalpindi CHM Lahore

    CMH Bannu CMH Multan

    CMH Kohat CMH Quetta

    CMH Peshawar CMH Malir Caritt

    CMH Abbottabad CMH Kharian

    CMH Muzaffarabad CMH Nowshera

    CMH Okara CMH Gujranwala

    CHM Hyderabad CMH Bahawalpur

    CMH Jhelum CMH Sargodha

    CMH Attock CMH Mangla

    PNS Shifa Karachi Agency Hospital Gilgit

    Agency Hospital Skardu

    d. The following documents will be forwarded by the record office to the hospitalconcerned* -

    (1) Duplicate copy of the proceedings of the original medical board.

    (2) One copy of the last resurvey medical board proceedings

    (3 ) Three copies of Resurvey Medical Board Proceedings (for holding

    fresh resurvey medical board).

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    e. Record office will also endorse a copy of their letter, addressed to the hospital,

    to the individual concerned with the instructions that he

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    CORRECTION SLIP

    A.S.No.31PPMR/93 Amendment of Pension Regulations Volume 11 (Army) 1986

    In exercise of the powers conferred by section 176A of the Pakistan Army Act, 1952

    (XXXIX of 1952), the Federal Government is pleased to direct that the following further

    amendments shall be made in the Pension Regulations namely:-

    In the aforesaid Regulations, in Volume 11, after chapter V and the rules relating thereto,

    the following new chapter and the rules relating thereto shall be inserted, namely:-

    40. CHAPTER VI-REDUCTION OR FORFEITURE OF PENSION Reduction

    or forfeiture of 12ension of military pensioner who is convicted of a serious

    crime or is guilty of misconduct:-

    a. Crime or misconduct not of a political nature. If a military pensioner is

    convicted of a serious crime by court of law or is guilty of grave

    misconduct, which is not of a political nature the following procedure

    shall be followed:-

    (1) 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 shall be reported at once by the pay

    disbursing officer to Audit Office. The later shall take up the

    case for the orders of the sanctioning authority.

    (2) In 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 criminal offence, the suspension of pension

    shall take effect from the date of imprisonment only.

    (3) The sanctioning authority, shall decide the case in consultation

    with the Audit Office, and if necessary, with the civil authorities

    also, whether the offence is a serious one and if so, he shall

    order the removal. of the pensioners name from the pension list,

    from the date of the commencement of his imprisonment.

    Pension

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    thereupon shall cease to be payable from that date.

    (4) If the sanctioning 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.

    (5) If pensioner is sentended to imprisonment for criminal offence

    by a lower Court but is acquitted, on appeal, by a higher court,

    the pension withheld shall be restored.

    (6) If a pensioner is imprisoned for debt, pension shall continue to

    be paid.

    (7) If a pensioner is guilty of grave misconduct not falling under the

    preceding clauses, it shall at once be reported to the sanctioning

    authority which may, if it considers it *justifiable, order ,he

    suspension of his pension from a date to be specified. The

    sanctioning authority shall 3ubsequently investigate the case in

    consultation with the Audit Office and the civil authorities, if

    necessary, and may withhold, reduce or continue the pension in

    full from a date to be specified by it not earlier than the date of

    original suspension.

    b. Crime or misconduct of a political nature. If a pensioner is convicted of

    a crime or is guilty of misconduct, of a political nature his case shall

    forthwith be reported by the Audit Office to the sanctioning authority,

    which on the administration concerned, may order the forfeiture of his

    pension (service and disability pension, 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 order of the sanctioning

    authority, be suspended from the date of his imprisonment.

    41. Restoration of pension forfeited under the preceding Rule. A pension reduced, withheld

    or forfeited under rule 40 or 21 A

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    and 78 of Volume-I of these regulations, may be restored in full or in part by the

    sanctioning authority in consultation with the local Government or administration

    concerned in political cases and with Controller of Military Pension and the civil

    authorities, if necessary, in other cases. In the case of a pensioner undergoing

    imprisonment any action under this rule shall only be taken on his application after

    release, but, in no case, shall pension be sanctioned for the period of imprisonment in

    jail for a serious crime.

    (M. Mehmood-ul-Hassan)

    Section Officer to the Government of Pakistan

    Ph:568382

    Case No. F-3112/1)-31 (PP&RA2

    ASMF No 350/R-IV/93

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    Annex

    To Rul

    MANUSCRIPT FORM

    FORMER SERVICE CLAIM

    Personal/Army No ............................. Rank ............................ Name ................................................... Corps/Regt ...............................

    Particular of former service To be completed by

    CMA(O)/FPO

    Army No Rank Name and Name of Service in each Particulars of Total qualifying Amount of Period of service

    Father's Former Rank ie as documents service to count service allowed to count

    Name unit/corps/ WO and OR, or produced for pension gratuity, for assessment of

    regt equivalents, in support if drawn pension

    as applicable of the claim

    State, months

    pay account

    through whichrefund has

    been made

    (1) (2) (3) (4) (5) (6) (7) (8) (9)

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    24

    Annex B

    To Rule-17a

    FORM OF SUBMITTING APPEAL

    1. I, (full name of appellant) .................................................................................of

    (address of appellant) ........................................................................................ hereby

    give notice that 1 appeal to the Pension Appeal Committee for review against the decision of theGovernment of Pakistan notified to me by letter No ................................................

    dated .............................

    2. Grounds for appeal are attached to this appeal.

    Dated .................... ...................................

    (Signature of the appellant)

    To: The Chairman,

    Pension Appeal Committee,

    Ministry of Defence,

    Rawalpindi

    *******

    FORM OF SUBMITTING APPEAL ON BEHALF OF APPELLANT

    1. 1, (full name of person acting on behalf of appellant) . .........................................

    ...................................................... of (address of person so acting) .............................

    ........................ ........................................... acting on behalf of (full name of appellant)

    ........................ .....................(address of appellant) .....................................................

    as (qualification for acting)............................................................................ hereby give

    notice of appeal to the Pension Appeal Committee for review against the decision of the

    Government of Pakistan notified to (specify person to whom decision was notified) by letter No

    ...............................dated .........................................

    2. Ground for appeal are attached to this appeal.

    Dated ...................... .........................................

    (Signature of authorised agent on

    To: The Chairman, behalf of appellant)

    Pension Appeal Committee,

    Ministry of Defence,

    Rawalpindi

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    25

    Annex C

    To Rule 17e

    NOTICE OF HEARING

    No.

    Government of Pakistan,Ministry of Defence,

    Pension Appeal Committee,

    Rawalpindi, the

    To: ....................................................(Name & address of appellant)

    ...................................................

    ...................................................

    1. Your appeal will be considered by the Pension Appeal Committee appointed by the

    Government of Pakistan at ...............................................on ..........................................

    the .......................................of ........................................

    2. You are permitted to appear in person or through an authorized agent before the

    committee on the dates stated above. Please confirm that you and/or your agent are/is coming.

    You will be required to make your own arrangements for stay and all expenses on travel and

    stay etc., will be borne by you.

    Secretary to the Pension Appeal Committee

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    26

    PENSION REGULATIONS VOLUME 11 - 1986

    TABLE OF CONCORDANCE

    1. The Pension Regulations Volume 11, 1986 is completely revised edition. It is based on

    Pension Regulations for the Army In India Part 1111940 and other government orders, letters

    and instructions issued upto 31 Dec 1985

    2. The table of concordance given below shows columnwise rules in the new regulations,

    the comparative Pension Regulations for the Army in India Part III 1940 and other references

    supporting modifications to Pension Regulations for the Army in India Part 111, 1940.

    Pension Regulations

    1986 Volume II

    Pension Regulations

    for the Army in India

    1940 Part Ill

    Other references/

    Authorities

    a b c

    1 1 -

    2 2 -

    3 20 -

    4 - PAO 28/75

    5 - SPAO 5/82

    6 - Govt ltr No F.52/D-1 5/73/

    2885/1)-8(A)/73 dated

    21 Aug 73 and

    7 - 3/4/1)-19(Misc)/81 dated

    02 Mar 81 and NPC 1968

    8 - -do-

    9 - -do-

    10 - -do-

    11 (Blank) - -

    12 (Blank) - -

    13 - JSI 25167

    14 - -do-

    15 - -do-

    16 - -do-

    17 - -do-

    18 40 -19 41 -

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    27

    a b c

    20 42 -

    21 53 -

    22 54 -

    23 56 -24 61 -

    25 (Blank) - -

    26 67 -

    27 77 -

    28 (Blank) - -

    29 79 -

    30 80 -

    31 - Min of Def ltr no F.3/57/

    D-19(Misc)/77 of 19 Jan 78.

    32 89 -

    33 92 -

    34 93 -

    35 95 -

    36 98 -

    37 99 -

    38 - AI 60/65

    39 - -do-

    Rules of Pension Regulations for the Army in India Part 1111940 omitted due to reason against

    each. -

    1 . Being Blank 5-15, 21-24,29-32, 37-39,45-50,68-70,74-76,_82-83, 86-87,90-91,

    100-105, 114-117, 129-130.

    2. Being redundant. 3, 4, 16, 17, 18, 19, 25, 26, 27, 28, 33-36, 43-44, 51-52, 55, 57,

    58 -60, 62-64, 66, 71-73, 81, 84-85, 88, 94, 96, 97, 106-113,118-128.