Navy (Pension) Regulations, 1964

The Navy (Pension) Regulations, 1964

The Regulations published vide Notification Gazette of India, 1964, Part 2, Section 4 page 57, are reprinted as corrected by S.R.O. 40, dated 6th January, 1967.

1969

S.R.O. 74, dated the 10th February,1964. - (1) In exercise of the powers conferred by Section 184 of the Navy Act, 1957 (62 of 1957), the Central Government hereby makes the following regulations, namely:

Part I

CHAPTER I

Preliminary

1. Short title and application.- (1) These regulations may be called the Navy (Pension) Regulations, 1964.

(2) They shall apply to all persons subject to naval law including commissioned officers and sailors but shall not apply to-

(a) commissioned officers who, on the 1st July, 1936, were in service as commissioned officers or were undergoing training in the United Kingdom;

(b) commissioned officers who, in accordance with regulation 14, elect to be governed by the Pension Regulations, 1943; and

(c) sailors who were in service on the 31st May, 1953, and who have, before the 31st December, 1961, elected to be governed by the Pension Regulations, 1953.

2. Definitions.- In these regulations, unless the context otherwise requires,-

(a) "Act" means the Navy Act, 1957 (62 of 1957).

(b) "Active list" means the list of officers who are not placed either on the retired list or on the emergency list;

(c) "Appendix" means an Appendix to these regulations;

(d) "branch list" means the list of officers whose occupational designations are prefixed by the words "Senior Commissioned" or "Commissioned";

(e) "Competent authority" with reference to any regulation mentioned in column 2 of Appendix I means the authority specified against that regulation in column 4 thereof;

(f) "emergency list" means the list of commissioned officers

(i) who having been permanent have withdrawn from the active list without entitlement to retiring benefits and voluntarily accepted liability for recall to service in an emergency but who were not eligible for inclusion in the retired list; and

(ii) who were short service officers with liability for a period specified in the original engagement for recall to service in an emergency;

(g) "general list" means the list of officers including subordinate officers in the Indian Navy, holding the rank of Sub-Lieutenant and above and acting Sub-Lieutenant;

(h) "Pension Regulations, 1943" means the pension regulations for the Indian Navy and other related orders applicable as on the 31st May, 1953;

[(hh) Qualifying active service means all service which under any general or special orders qualifies for pension.]

(i) "retired list" means the list of commissioned officers who have retired from service and who in the event of war or an emergency are liable to be recalled for service till they attain the age of 55 years;

(j) "sailor" means a seaman as defined in clause (20) of section 3 of the Navy Act, 1957;

(k) "sanctioning authority" with reference to any award mentioned in column 3 of Appendix II means the authority specified against that award in column 4 thereof;

(l) "service" means service in the Indian Navy.

3. Kinds of pensionary etc., benefits.- Subject to the other provisions of these regulations, the following kinds of retiring and other benefits are admissible to whom these regulations are applicable, namely :

(a) service pension.

(b) service gratuity,

(c) disability pension,

(d) constant attendant allowance,

(e) family pension which may be either ordinary or special.

(f) family gratuity,

(g) children allowance, and

(h) education allowance to children.

4. Implied condition of granting of pension, etc.- Future good conduct shall be an implied conditions of every grant of pension or any other allowance under these regulations and its continuance.
5. Full rates not always admissible.- The full rate of pension or gratuity under these regulations shall not be granted to a person unless the service rendered by him has been satisfactory.

[5-A. Grant of provisional pension. - (1) Where any departmental or judicial proceedings are in progress or are instituted after retirement for an event which took place not more than 4 years before such institution against service personnel (including a commissioned officer) who has retired on attaining the age of compulsory retirement or otherwise, he shall be paid during the period commencing from the date of his retirement to the date on which, upon conclusion of such proceedings final orders are passed, a provisional pension not exceeding the maximum pension which would have been admissible on the basis of his qualifying service upto the date of retirement or if he was under suspension on the date of retirement upto the date immediately preceding the date on which he was placed under suspension:

Provided that no gratuity or Death-cum-Retirement gratuity shall be paid to him until the conclusion of such proceedings and the issue of final orders thereon;

Provided further that no commutation of provisional pension shall be allowed.

(2) Payment of provisional pension shall be adjusted against the final retirement benefits sanctioned to such personnel upon conclusion of the aforesaid proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or where the final pension is reduced or withheld either permanently or for a specified period.

(3) Nothing contained in this regulation shall prejudice the operation of regulation 5 when final pension or gratuity (including death-cum-retirement gratuity) is sanctioned upon the conclusion of the departmental or judicial proceedings.

(4) No "show cause" notice shall be required to be given to the individual if the amount of provisional pension is less than the maximum.]

6. Date of Commencement of pension.- Subject to the other regulations, a family pension shall be payable from the date following that on which the casualty which gives rise to the claim occurred and a pension other than a family pension shall be payable-

(a) in the case of commissioned officer, from the date following the date of his retirement;

(b) in the case of a sailor, from the date on which he ceases to be borne on the effective establishment.

Explanation. - A sailor who is discharged shall cease to be borne on the effective establishment on the date following the date of discharge and a sailor transferred to the reserve after earning a service pension shall cease to be borne on the effective establishment on the date following the date of transfer.

7. Duration of pension.- A pension shall, unless otherwise provided in these regulations, be payable during the life time of the pensioner including the day on which the pensioner dies.

[8. Pension may be withheld, suspended on discontinued or paid to wife or other dependent. - (a) In special circumstances specified hereunder, the competent authority may withhold, suspend or discontinue in full or in part the pension (including commuted value thereof which has not been paid), children's allowance or gratuity (including Death-cum-Retirement Gratuity), to be granted or granted to an individual. In exceptional cases, payment of part or whole of the pension, allowance or gratuity withheld or suspended may, by order of the President, be made to the wife or other dependent(s) of the pensioner.

(b) This regulation may be invoked under the following circumstances.

(i) offences against the State as listed in Chapter VI of the Indian Penal Code 1860 (45 of 1860), as amended from time to time;

(ii) other serious crimes under the Indian Penal Code 1860 (45 of 1860) Official Secrets Act, 1923 (19 of 1923) or any other special Law of the land and grave misconduct;

(iii) to recover the whole or part of any pecuniary loss caused to the Government in cases where in any departmental or judicial proceedings, the pensioner/ individual is found guilty of misconduct or negligence committed during the period of re-employment after retirement/ discharge leading to the said loss;

(iv) unauthorisedly continuing to occupy the residential accommodation including hired one provided by the Government;

(v) when a report is received, after sanctioning the pension, that departmental or judicial proceedings (for the offences committed while in service or during the period of re-employment) are in progress against the individual;

(vi) when an individual obtains re-employment after retirement without obtaining prior permission of the competent authority as prescriber from time to time; and (vii) any other circumstances considered a special by the President.

(c) In applying the provisions of this Regulation the procedure laid down in Chapter IV-A of part II of these regulations shall be followed.

Explanation. - The word pension as used in the regulation means service, disability, invalid or family pension, as the case may be.]

9. Discontinuance of pension on change of nationality.- Where a person who is in receipt of a pension or allowance under these regulations becomes a naturalised citizen of a foreign State, the Central Government may, by order, direct that the whole pension or allowance or any part thereof to be specified in the order be discontinued: Provided that an order under this regulation shall not be made unless the person concerned has been given an opportunity to make his representation and the representation has been considered by the Central Government.
10. Fractions of year in qualifying service.- Where the total period of service of a person qualifying for pension exceeds a whole number of completed years by 180 days or more, the pension or other benefit payable to him shall be increased by half the difference between the amount admissible for the completed years of qualifying service and the amount admissible for the next consecutive number of completed years.
11. Re-employment.- Subject to the provisions of regulation 76 a person who is in receipt of pension under these regulations, and who is re-employed in a civil capacity under the Central Government or a State Government or an administration or who is granted a pension under these regulations while serving in such civil capacity shall, in respect of his pay in the re-employed post, be governed by the provisions of article 510-B, or article 526 of the Civil Service Regulations or, as the case may be, the corresponding rules applicable to the civil post concerned.

[12. Personnel in Civil Government Employment. - (1) A person loaned for civil Government employment, irrespective of whether he is on civil or naval rates of pay, shall be governed by the civil extra-ordinary pension rules for the purpose of an extra-ordinary pensionary award in respect of injuries received by him or on his death during such employment.

(2) If the benefits admissible for the purpose of similar awards under these regulations are more advantageous than those admissible under the civil rules, those will be allowed in place of the award under the civil extraordinary pension rules.

(3) The family of a person, who is awarded an extraordinary family pension under the civil rules or special family pension under these regulations, shall not be entitled to an ordinary family pension under any of the foregoing provisions.]

CHAPTER II

Commissioned Officers

Section 1

General

13. Interpretation.- In this Chapter:

(a) 'late entrant' means an officer who on reaching the prescribed age for compulsory retirement completes or who, but for his retirement on account of a disability, would have completed fifteen years but not twenty years of commissioned service qualifying for pension:-

Explanation. - In the case of an officer on the general list, service in the general list shall alone be counted for the fifteen years limit.

(b) 'officer' means a commissioned officer.

14. Right to elect.- (1) An officer who on the 1st June, 1953, was in service as a permanent commissioned officer shall no retirement have the right to elect to be governed in respect of his service award either by these regulations or by the Pension Regulations, 1943:

Provided that the pension of an officer who elects to be governed by the Pension Regulations, 1943, shall be assessed on the substantive rank held by him on the 31st May, 1953.

Explanation. - Service rendered by the officer from the 1st June, 1953, up to the date of retirement or invaliding shall qualify for pension.

(2) The election once made shall be final.

15. Officers dismissed, discharged, etc.- (1) No pension shall be granted to an officer who is dismissed with disgrace from service.

(2) In the case of an officer who is dismissed otherwise than with disgrace from the service, the question whether any pension shall be granted and if so, the rate of such pension shall be decided by the Central Government, provided that the pension, if granted shall not exceed the rate which would have been admissible to him if he had retired on the same date.

(3) An officer who is discharged from service or is called upon to retire or to resign or, in the event of his refusing to do so, is retired from the service, may, at the discretion of the Central Government, be granted a pension at a rate not exceeding that which would have been admissible to him if he had retired on the same date.

16. Officers re-employed or recalled to service.- (1) The pension of a retired officer who is re-employed in an emergency in the Indian Navy and of an emergency list officer recalled to service shall be held in abeyance during the period of re-employment or re-call to service, as the case maybe.' [However, an officer in receipt of a disability pension shall continue to draw the disability element of his pension.]

(2) The re-employed or recalled service shall not count for pension or gratuity; nor shall it count towards the service limits prescribed in regulation 53 for ordinary family pension.

(3) Disability element of Pension, Constant Attendant Allowance and Special family pensionary awards on account of disablement or death due to re-employed or recalled service shall be at the same rates and subject to the same general conditions as are applicable to the case of an officer on the active list.

[17. Acceptance of employment by officers who are granted pension, gratuity or other benefit-]

(a) Commercial employment after retirement. - If an officer who held the rank of Captain and above, whether in substantive capacity or otherwise immediately before retirement and who is granted or is likely to be granted a pension gratuity (including Death-cum-Retirement Gratuity) or other benefits in respect of his/her service in the Navy wishes to accept any commercial employment before the expiry of two years from the date of his/her retirement he/she shall obtain the prior sanction of the Government to such acceptance and no pension shall be payable to him/her if he/she accepts a commercial employment without such sanction in respect of any period for which he/she is so employed or for such longer period as the Government may direct.

Provided that, such an officer who was permitted by the Government to take up a particular commercial employment during his/her preparatory to retirement or during refused leave shall not be required to obtain subsequent permission for his /her continuance in such employment after retirement.

Note.1 : The expression "commercial employment" means,

(a) An employment in any capacity including that of an agent under a company, cooperative society, firm or. individual engaged in trading, commercial, industrial, financial of professional business and includes also a directorship of such company and partnership of such firm, but doses not include employment under a body corporate, wholly or substantially owned or controlled by the Government.

(b) Setting up practice, either independently or as a partner of a firm as adviser or as consultant in matters in respect of which the pensioner.

(i) has no professional qualifications and the matters in respect of which the practice is to be set up or is carried on the relatable to his official knowledge or experience, or

(ii) has professional qualification but the matters in respect of which such practice is to be set up are such as are likely to give his clients an unfair advantage by reason of his previous official position, or

(c) employment where the pensioner has to undertake work involving liaison or contract with the offices or officers of the Government.

Note.2: The expression "employment under a Co-operative Society" includes the holding of any office, whether elective or otherwise, such as that of President, Chairman, Manager, Secretary, Treasurer and the like, by whatever name called, in such Society.

Note. 3 : The expression "date of retirement" in relation to an officer re-employed after retirement either in the same or in any other equivalent post in the Armed Forces including National Cadet Corps means the date on which the Government servant finally ceases to be so re-employed in the Defence Services.

(b) Employment of officers allowed to retire prematurely at their own request. - As officer of the rank of Captain and above allowed to retire prematurely at his/her own request shall obtain the permission of the President before accepting employment, in a civil post under the Central or State Government or an Union Territory Administration/Government, or in a post under a Body corporate owned or controlled by the Government before the expiry of two years form the date his/her retirement from the Naval service. Such permission will not, however, be required if the officer had retired from Naval service in the normal course on completion of the standard service prescribed for his/her rank and if he/she had been invalided from Naval Service on grounds of ill health or physical disability.

Such permission will also not be necessary in cases where due to personal reasons the officers proceeding on normal retirement are allowed to retire a few days earlier (not exceeding one month) than the due date;

[17-A. Employment after retirement under a Government outside India. - A commissioned officer who wishes to accept any employment under any Government outside India, shall obtain the prior permission of the President for such acceptance. No pension shall be payable to a pensioner who accepts such an employment without prior permission in respect of any period as the President may direct, Gratuity where due, but not already paid, shall also be liable to be forfeited in part or in full as the President may at his discretion decide :]

Provided that such an officer who was permitted by the President to take up a particular form of employment under any Government outside India during his/her leave preparatory to retirement shall not be required to obtain subsequent permission for his/her continuance in such employment after retirement.

Explanation. - For the purpose of this regulation, the expression "employment under any Government outside India" includes employment under a local authority or corporation or any other institution or organisation which functions under the supervision or control of a Government outside India, "or an organisation of which Government of India is not a member." In this connection it may added that permission will not be granted for acceptance of employment under a foreign Mission India before the expiry of at least 3 years from the date an officer ceases to be in the Naval service.

Section 2

Service Pension

18. Admissibility.- An officer who is permitted to retire from service may be granted service pension in accordance with these regulations.
19. Minimum service.- The minimum period of service qualifying for pension shall be fifteen years in the case of late entrants and twenty years in other cases.
20. Service qualifying for pension.- The periods of service of officers in the general list and in the branch list which qualify for pension under these regulations shall be as specified in Appendix III.

[21. Rank for assessment of Pension. - (1) The service pension admissible to an officer shall be assessed on the basis of the rank actually held continuously whether in a substantive or paid acting capacity during the last Ten Months before retirement. Provided that an officer who has held the substantive rank of Admiral should have held that rank at least for one year.

(2) Where an officer has held a rank for less than the period specified in sub-regulation (1), the pension shall be assessed on the next lower rank held for 10 months.]

22. Rates of Pension.- An officer who at the time of retirement has held a substantive rank specified in column 1 of the Table below and who has rendered qualifying service for a period not less than that specified in the corresponding entry in column 2 of that Table may be granted service pension at the rate specified in the corresponding entry in column 3 of the said Table :

Provided that the service pension of an officer who at the time of retirement held the substantive rank of Lieutenant Commander may, if the conditions specified in Appendix IV are fulfilled, be assessed on the paid acting rank held by him at the time of retirement.

Table

23. Deficiency in Service.- Where an officer has rendered service for a period less than that specified in regulation 22 for his rank, the amount of service pension payable to him shall be the rate prescribed for that rank reduced by one deduction at the rates specified below for each year or part thereof of the deficiency in service:

Provided that each successive deduction shall be at the rate appropriate to the amount remaining after the preceding deduction.

24. Late Entrants.- The pension payable to a late entrant shall be assessed as follows, namely :

required for

full Pension

Section 3

Service Gratuity

25. Admissibility.- An officer who is permitted to retire from service or whose services are otherwise terminated after he has completed ten years service may, at the discretion of the Central Government, be granted a service gratuity in accordance with these regulations.
26. Service qualifying for gratuity.- All service which qualifies in full for service pension shall also qualify in full for service gratuity but service as sailor and any other service which does not qualify in full for service pension shall not qualify for gratuity.
27. Rate of service gratuity.- The amount of gratuity admissible to an officer shall be-

(a) in the case of an officer of the general list, Rs. 10,000 for the first ten years of qualifying service and Rs. 1,000 for every year of qualifying service in excess of ten years;

(b) in the case of an officer of the branch list, one month's pay for each completed year of qualifying service.

Section 4

Disability Pension And Gratuity

28. Disability Pension when admissible.- An officer who is retired from service on account of a disability which is attributable to or aggravated by such service and which is assessed at twenty percent or over may., on retirement, be awarded a disability pension consisting of a service element and a disability element in accordance with the regulations in this section.

[28-A. Re-assessment of disability permanently below pensionable degree at the time of invalidation. - In cases where an officer's disability or its aggravation at the time of invalidation is permanently below the pensionable degree, he may claim to be brought before a medical board within a period of seven years from the date from which he was retired. If the disability is still assessed as permanently below the pensionable degree, no claim for re-assessment shall be considered.]

29. Officers who became non-effective.- An officer who held a permanent commission and who became non-effective during the period from the 27th October, 1947 to the 31st May, 1953 (both days inclusive) shall be eligible for disability pension with effect from the 1st June, 1953 or from the date on which the disability arose, whichever is later :

Provided that this regulation shall not apply unless the officer was alive on the 28th of December, 1954.

30. Voluntary retirement.- An officer who retired from service voluntarily shall not be eligible for disability pension.

[Note. - An officer who is due for retirement on account of age or on completion of tenure and who seeks premature retirement within a month of his due date of retirement for the purpose of getting higher commutation value, shall remain eligible for disability element under regulations 33 and 34.]

31. Disability due to negligence or misconduct.- Where the disability of an officer was wholly or partly due to his serious negligence or misconduct, the competent authority may reduce the rate of disability pension admissible to him to such extent as the authority may, in the circumstances of the case, consider reasonable.
32. Refusal to undergo medical treatment.- (1) If an officer suffering from a disability which is attributable to or aggravated by service refuses without justifiable reason to undergo an operation or other medical treatment which, in the opinion of the service medical authority, would cure or reduce the degree of disablement, the disability element of pension otherwise admissible may, at the discretion of the Central Government, be withheld or be granted at such reduced rate as may appear to the Central Government to be reasonable in the circumstances of the case.

(2) The refusal shall not be regarded as unreasonable when, in the opinion of the service medical authority, the treatment or operation may be severe and dangerous to life.

33. Compulsory retirement.- An officer who is compulsorily retired on account of age or on completion of tenure and who at the time of retirement is in the opinion of the service medical authority suffering from a disability attributable to or aggravated by service, may, at the discretion of the Central Government, be granted in addition to the service pension, a disability element according to the degree of disablement as if he had been retired on account of the disability.
34. Disability manifesting after retirement.- An officer who had retired (otherwise than at his own request or in any of the circumstances specified in regulation 15) on a service pension or gratuity, but who, within a period of seven years from the date of retirement, is found to be suffering from a disease which is attributable to his service may, at the discretion of the Central Government, be granted in addition to his service pension or gratuity, a disability element at the appropriate rate with effect from such date as the Central Government may determine.

[35. Refusal to appear before a Resurvey Medical Board. In case a pensioner who has been asked under any regulation or order to appear before a resurvey medical board, for re-assessment of his disability, refuses to do so, the disability element or his pension shall be suspended from the date of such refusal. If, however, the pensioner has rendered less than five years qualifying service the disability pension as a whole shall be suspended.]

36. Officers suffering from tuberculosis.- (1) Where an officer who was suffering from pulmonary tuberculosis attributable to or aggravated by service and who on completion of leave rejoined duty having been found fit for retention in service is retired there form on account of a relapse of the disability within a period of five years from the date of rejoining, he shall be eligible for a disability element appropriate to the degree of disablement as accepted on the date he was found medically fit for retention in service.

(2) The grant of a disability element under sub-regulation (1) to an officer shall be in addition to the service element of disability pension which would have been admissible to him if he had been invalided on the date immediately prior to the date of rejoining duty or, the service pension based on the total length of qualifying service rendered up to the date of retirement, whichever is greater :

Provided that if he is retired from service on account of the relapse of the disability after a period of five years from the date of rejoining, the disability pension admissible shall be regulated by these Regulations.

37. Qualifying service.- All service which qualifies for service pension shall also qualify for the service element of disability pension.

Explanation. - Service rendered in aid of the civil power shall be treated as service in the Indian Navy for the purpose of disability pension and gratuity.

38. Rank for assessment of service element.- The service element of disability pension shall be assessed on the substantive rank held by the officer on the date of his retirement from service on account of a disability.

Provided that, in the case of an officer of the general list, the service element shall not be assessed on a rank lower than that of a Lieutenant :

Provided further that in a case where the disability arises on or before the 31st May, 1963, the service element may be assessed on the paid acting rank held by the officer on any one of the dates specified below which is most favourable to him, namely :

(a) the date of his retirement from service; or

(b) the date on which he sustained the wound or injury or was first removed from duty on account of a disease causing his disablement; or

(c) if he rendered further service and suffered aggravation of the disability during and as a result of such service, the date of the later removal from duty on account of the disability.

39. Amount of disability pension.- (1) The service element of disability pension shall be assessed as follows, namely-

(a) if the qualifying service of the officer is twenty years or more, the service element shall be equal to the service pension admissible to him.

(b) if the qualifying service is less than twenty years, the service element shall be assessed by making deductions from the service pension which would have been admissible to him on his retirement with twenty years qualifying service, such deductions being made in the manner, and at double the rate, specified in regulation 23 for each year or part of a year by which the qualifying service falls short of twenty years.

Explanation. - In the case of a late entrant, this sub-regulation shall apply subject to the modification that references to twenty years shall be taken as references to fifteen years.

(2) The disability element of disability pension shall be assessed in accordance with the Table below and shall be granted from the date from which it is admissible or, where there has been a previous grant, from the date of expiry of the previous grant and shall be available for the duration of the disability at that degree as advised by the medical board or the service medical authority:

Table

40. Period for grant of disability pension when the invaliding disability is incapable to improvement.- (1) If the disability is certified on the basis of invaliding or a resurvey medical board, to be incapable of improvement, disability pension shall be granted for a period of ten years in the first instance. During this period the pensioner will have a right to claim re-assessment of his pension on the basis of aggravation, if any. Where the pension is modified as a result of re-assessment, the pension shall again be granted for a period of ten years from the date of the revised award provided the disability is still regarded as incapable of improvement. Each successive assessment at a higher or lower level will be for a period of ten years during which the pensioner will be given one opportunity to have his pension re-assessed on the basis of further aggravation.]

(2) When the percentage of disablement has remained unmodified for ten years, the pensioner shall be brought before a re-survey medical board at the end of ten years and in the event of the disability still being regarded by the pension sanctioning authority as incapable of improvement, his pension shall be sanctioned for life. Thereafter, no revision of pension will be admissible.

(3) In cases where the invaliding disability is loss of limb(s), total loss of sight, loss if one eye amputation etc., and where the question of improvement or worsening of its physical condition does not arise the award shall be sanctioned for life.

"40-A Period of grant of disability pension when the invaliding disability is capable of improvement. - When the disability is accepted as capable of improvement, the period of an award calculated with reference to the date of the medical board shall not exceed one year. When the disability is accepted as aggravated by naval service, the duration of the disability element shall be determined with due regard to the provisions contained in Appendix V.)

41. Duration of service element.- The service element of disability pension shall be payable

(a) in the case of an officer who has completed five years qualifying service, for life, and

(b) in other cases, for so long only as the accepted degree of disablement is not less than 20 percent.

42. Find gratuity.- (1) In the case of an officer whose disablement is finally assessed at less than 20 percent, and who has less than five years qualifying service, a final gratuity shall be paid to him

(a) if he is a general list officer, at the rate of Rs. 1000 for each year of qualifying service; or

(b) if he is a branch list officer, at the rate of one month's pay for each year of qualifying service.

(2) The provisions of regulations 31 and 37 relating to disability pension shall apply to final gratuity under this regulation.

43. Determination of nature etc. of disability.- All questions regarding the nature of the disability, the assessment of its degree and its attribut ability to or aggravation by service shall be determined in accordance with the provisions of Appendix V.
44. Constant Attendant Allowance.- (1) Subject to the conditions specified in sub-regulation (2), an officer who has been granted a disability pension for hundred percent, disablement may also be granted a constant attendant allowance at the rate of Rupees forty per mensem in the case of an officer of the general list and of Rupees thirty per mensem in the case of an officer of the branch list :

Provided that no allowance shall be payable for any period during which the pensioner is an inmate or in-patient in a Government institution or hospital. (2) The conditions referred to in sub-regulation (1) are-

(a) that the disablement shall be such that in the opinion of the invaliding or re-survey medical board, the services of a constant attendant are required for not less than three months ;

(b) that the officer has no relative to look after him properly;

(c) that an attendant is actually employed.

(3) The allowance may be granted to an officer who has been granted a reduced rate of pension under regulation 31, provided that the other conditions for the grant of the allowance are fulfilled.

(4) The payment of the allowance shall be made in accordance with the provisions of Appendix VI to these regulations.

[44-A. Admissibility of disability pension to a disabled Pensioner re-employed without disclosing his invalidation. - A pensioner, who, on his re-employment in the Navy, does not disclose that he was previously retired from service with the Armed Forces for medical unfitness, shall be debarred from the date of his re-employment from any disability pension admissible to him in respect of his previous service with the Armed Forces. If his re-employment is terminated of the re-employment, he is brought a medical board, his claim for a disability pension after the termination of re-employment will be submitted for orders of the Central Government. Such orders will duly take into consideration the effect of his employment in the Navy in aggravating a previous disability or introducing a new one.]

Section 5-Family Pension

45. Kinds of family pension.- (1) A family pension may be granted to the members of the family of a deceased officer in the circumstances, at the rates and subject to the conditions hereinafter specified.

(2) The different kinds of family pension admissible under this regulation are-

(a) pension to the widow, which may be ordinary or special ;

(b) gratuity to the widow;

(c) children's allowance, which may be special or ordinary;

(d) education allowance for children;

(e) dependents pension.

46. Officers who became non-effective.- A special family pension shall be admissible in the case of an officer who held a permanent commission and who became non-effective during the period from the 27th October, 1947 to the 31st May, 1953, both days inclusive, if the cause of his death is attributable to or aggravated by service:

Provided that the pension shall be granted from the 1st June, 1953, or the date from which it became admissible, whichever is later :

Provided further that the beneficiary was alive on the 28th December, 1954.

47. General condition of admissibility.- A family pension shall not be claimed as of right; nor shall it be granted when the applicant is, in the opinion of the Central Government, unworthy of the grant or unless the officer's service has been such as to justify the grant.
48. Reduction of family pension in certain cases.- (a) The amount of family pension and the children's allowance admissible under these regulations shall, if the applicant is in receipt of any other pension or allowance on account of the service of the deceased officer, whether in the Indian Navy or in any other service capacity, be reduced to the extent of such other pension or allowance.

(b) A pension admissible under these regulations shall remain unaffected by any pension granted under Central or any State Extraordinary Pension Rules.

49. Serious negligence or misconduct.- If the death of an officer is wholly or partly due to his serious negligence or misconduct, the special family pension otherwise admissible may be reduced by the competent authority to such extent as may appear to the authority to be reasonable in the circumstances of the case:

Provided that no reduction in special family pension or children's allowance shall be made where a family gratuity is refused on grounds of serious negligence or misconduct.

50. Special family pension.- Where the death of an officer was due to or hastened by a wound, injury or disease which was attributable to service or was due to aggravation by service of a wound, injury or disease which existed before or arose during service, and in the case of death after retirement, if the officer had retired otherwise than voluntarily, the members of the family of the officer may be granted special family pension as follows, namely:

(a) a special pension to the widow, if

(i) the officer married before joining service or while on the active list and before he received the wound or injury or before he was removed from duty on account of disease;

(ii) in the case of death due to a disease the officer survived the marriage by at least a year unless it can be shown that he was manifestly in good health at the time of marriage;

(iii) the widow was not separated from her husband at the time of his death;

(b) a special children's allowance to the legitimate children of the deceased officer below 18 years of age if the conditions in clause (a) are fulfilled;

(c) in the absence of the widow and children eligible for the pension or allowance, a special dependents pension to the parents, if the parents were largely dependent on the officer at the time of his death or the father is dead or, if living, is incapable of self support through age or infirmity and in every case, the pecuniary and other circumstances of the parent or parents are such as in the opinion of the Central Government justify the grant;

[Explanation. - The widowed mother of an officer who remarries during the life-time of the officer but becomes a widow again before his death may be granted an award of dependant's pension, if otherwise admissible. For the purpose of determining the pecuniary circumstances of such widowed mother, resources, if any available to her from her second husband, shall also be taken into account.]

(d) in the absence of any of the above relations so eligible, a special dependents pension to the brothers and sisters. if the brothers and sisters were largely dependent on the officer at the time of his death and their pecuniary and other circumstances are such as in the opinion of the Central Government, justify the grant.

Explanation. - For the purpose of this regulation, service rendered in aid of the civil power shall be treated as service in the Indian Navy.

[Explanation. - The widowed mother of an officer who remarries during the life-time of the officer but becomes a widow again before his death, may be granted an award of dependant's pension, if otherwise admissible. For the purpose of pecuniary circumstances, resources, if any available to the widow from her second husband, will also be taken in amount.]

51. Gratuity to widow.- (1) Where the death of an officer occurred in any of the circumstances specified in sub-regulation (2), the widow of the officer, if she was not separated from her husband at the time of his death, may, in addition to the pension to which she may be eligible under regulation 50, be granted a gratuity at the appropriate rate specified in sub-regulation (3).

(2) This regulation applies to a case where an officer

(a) is killed in action or dies of wounds sustained in action, or

(b) without serious negligence or misconduct on his part

(i) is killed while on flying duty or parachute jumping duties in a service aircraft or while being carried on duty in a service aircraft, under proper authority, or dies of injuries sustained in such circumstances, or

(ii) though not serving in an operational area, dies of a cause attributable to circumstances which, in the opinion of the Central Government, are similar to those encountered on field service or in operations; or

(c) suffers a violent death while employed in aid of the civil power.

Explanation. - An officer employed on the work of disposal by demolition, burning, burail breakdown or dumping of unserviceable stocks of explosives shall be deemed to be on field or operational service for the purpose of eligibility of the widow to death gratuity under clause (b)(ii).

[Explanation. - The provisions of sub-clause (i) of clause (b) of sub-regulation (2) shall also apply to flights in civil or chartered aircraft.]

(3) The rates of gratuity under this regulation shall be as follows :

52. Education allowance.- (1) Where the death of an officer occurred in the circumstances specified in regulation 50 and the officer is survived by a legitimate child or legitimate children eligible for children's allowance under that regulation, the Central Government may if, in their opinion, the pecuniary and other circumstances of the case so justify, grant an education allowance to the child or, as the case maybe, to each of the children at the rates specified in sub-regulation (2) :

Provided that the education allowance under this regulation shall be payable irrespective of whether the widow was or was not separated from her husband at the time of the officer's death and shall be admissible only to children above 5 years of age.

(2) The education allowance shall be granted

(a) where the deceased officer was on the branch list, at a rate not exceeding Rs. 360 per annum per child;

(b) in other cases, at a rate not exceeding Rs. 480 per annum per child.

53. Ordinary family pension and children's allowance when admissible.- (1) An ordinary family pension to the widow of an officer who, while on the active list or on the retired list, dies on account of causes neither attributable to nor aggravated by service and a children's allowance to the officer's legitimate children under eighteen years of age may be granted if

(i) the officer married before joining the service or while on the active list and before retirement;

(ii) the officer was not over fifty years of age at the time of his marriage;

(iii) the officer was not more than twenty five years older than his wife;

(iv) the officer survived his marriage by at least one year, unless it can be shown that he was manifestly in good health at the time of his marriage and that his death due to a disease or injury resulting from causes not within his control;

(v) the officer, being liable to service, had not been excused at his request, from serving, after being officially warned that his widow would thereby forfeit all claim to pension;

(vi) the officer did not retire with a gratuity;

(vii) the officer had not less than the following periods of service qualifying for pension as a commissioned officer

(a) if he died whilst on the active list or after compulsory retirement on account of age or if he retired on account of ill health rendering him permanently unfit for further service-ten years;

(b) if he died after having retired voluntary or for inefficiency or in disreputable circumstances-twenty years;

and

(viii) the widow was not separated from her husband at the time of his death:

Provided that where an officer who had been promoted from the lower deck had rendered qualifying service for a period less than that prescribed in clause (vii), the Central Government may, if the officer had rendered a total service as officer and as sailor for 10 years or, as the case may be, 20 years, grant a pension or an allowance or both under this regulation at such rate as they consider reasonable.

[***]

54. Continuance of children's allowance, and education allowance after 18 years.- Notwithstanding anything contained in regulations 50, 52 and 64, the children's allowance, whether special or ordinary and the education allowance to children may at the discretion of the Central Government be granted to a child over 18 years of age or be continued beyond the age of 18 years in the following circumstances, namely :

(a) in the case of all allowances, if the child is being educated at a secondary school, a technical school or a university ; and

(b) in the case of children's allowance special or ordinary, also if the child is an appretice receiving not more than a normal wage or if the child is incapable of self-support by reason of mental or physical infirmity which arose before it attained the age of eighteen years and is in distressed circumstances.

[55. Definition of the term legitimate children. - For the purpose of family pension, the term "legitimate children" shall include "validly adopted children."]

56. Exception in cases of separation of widow from her husband at the time of his death.- (1) The Central Government may at their discretion and subject to such conditions as they may determine grant a pension or gratuity or both to a widow who, by reason only of her having been separated from her husband at the time of his death, is not eligible for it under the regulations.

(2) When the widow is not granted a pension for the reason that she was separated from her husband at the time of his death, an allowance to the legitimate children under eighteen years of age may be granted at such rate within the scales (including scales for motherless children) laid down in these regulations as the Central Government may deem proper in the circumstances of the case.

57. Pension of a widow who dies before establishing her claim.- If the claim of a widow to a pension fails, through her negligence or omission to be established before her death, the amount of person to which she would have been entitled, if living, shall not be allowed to her representatives.
58. Rank on which pension is assessed.- (1) Except as provided in sub regulation (2), family pension and gratuity to a widow and dependent's pension shall be assessed on the substantive rank held by an officer on the date of his death if the officer died whilst on the active list or on the date of retirement if death occurred after retirement :

Provided that

(i) the pension to the widow shall be assessed on the rank next below that in which an officer retired, in cases where an officer retired voluntarily or was compulsorily retired on account of misconduct or inefficiency before completing one year's service in the rank in which he retired ;

[(ia) Ordinary family pension shall be assessed on the paid acting rank provided the acting rank had been held continuously for not less than two years on the date of death.

(ib) If the acting rank is held for less than two years, no benefit thereof shall be admissible.

(ic) Where an officer at the time of his death was holding an acting rank more than one step higher than the substantive rank, the benefit of acting rank shall be assessed on the highest acting rank held for at least two years.

(id) If service in the highest rank is less than two years, it will be treated on par with service in the next lower rank.

(ie) If an officer reverts to his substantive rank under the acting promotion rules either on account of his proceeding on furlough or being on sick leave for more than six months, the period of such reversion, though not counting as service in the paid acting rank, shall not constitute a break in that acting rank:

Provided that the officer is appointed to the higher paid acting rank at the end of furlough or sick leave, as the case may be, or dies during such leave, but the condition of the period of two years paid service in that rank should have been fulfilled for being eligible for the concession envisaged above.]

(ii) the widow shall be allowed pension attached to any rank which was posthumously conferred on her husband under the normal promotion rules;

(iii) the Central Government may, in any other case of posthumous conferment of a higher rank, order the pension to be assessed on that rank;

Explanation. - Any higher rank attained by the retired officer during re-employment shall not be taken into account for ordinary family pension.

(2) Paid acting rank held by an officer on any of the following dates whichever is not most favourable shall be taken into account for the purpose of assessment of special family pension and gratuity to the widow and dependents pension to parents, brothers and sisters, namely :

(i) the date of death, if death occurs in service, or the date of invaliding if death takes place after invaliding ; or

(ii) the date on which the officer sustained wound or injury or was first removed from duty on account of a disease causing death; or

(iii) if he rendered further service and suffered aggravation of the disability during and as a result of such service, the date of his later removal from duty on account of the disability :

[** * * *]

[58-A. When ordinary family pension is assessed on paid acting rank, ordinary family pension shall be assessed on the paid acting rank provided the acting rank had been held continuously for not less than two years on the date of death. If the acting rank is held for less than two years, no benefit thereof shall be admissible. Where an officer at the time of death was holding an acting rank more than one step higher than the substantive rank, the benefit of acting rank shall be assessed on the highest acting rank held for at least two years. If service in the highest rank is less than two years, it shall be treated on par with service in the next lower rank. If an officer reverts to his substantive rank under the acting promotion rules either on account of his proceeding on furlough or being on sick leave for more than six months, the period of such reversion though not counting as service in the paid acting rank will not constitute a break in that acting rank provided he was appointed to the higher paid acting rank at the end of furlough or sick leave, as the case may be, or if he died during such leave, the period of two years paid service in that rank shall be deemed to include the period of furlough or sick leave so that the deceased is eligible for the benefit referred to above.]

59. Rank for purposes of special family pension in respect of an officer suffering from pulmonary tuberculosis but retained in service.- (1) Except as provided in sub-regulations (2) and (3), special family pension in respect of an officer suffering from pulmonary tuberculosis attributable to or aggravated by service in the Indian Navy who on the expiry of leave granted to him had rejoined duty having been found fit for retention in service shall be assessed on the substantive rank held by him immediately prior to the date of rejoining duty if he died as a result of a relapse of the disability within five years from that date.

(2) Paid acting rank' held by such an officer on any of the following dates, whichever is the most favourable, shall be taken into account for the purpose of assessment of special family pension

(i) the date immediately proceeding the date of resumption of duty; or

(ii) the date on which the officer was first removed from duty on account of pulmonary tuberculosis; or

(iii) if he rendered further service, and suffered aggravation of the disability during and as a result of such service, the date of his later removal from duty on account of the disability :

[*****]

(3) If death occurs as a result of relapse of the disability after a period of five years from the date of rejoining, the rank assessment of special family pensionary awards shall be determined in accordance with regulation 58.

60. Rates of special family pension.- The rates of special family pension shall be as under :-

Explanation - Children's allowance at 'motherless' rate maybe granted is cases where the child is in the legal custody of a person other that its mother or step mother, and is being maintained by such a person.

(c) Dependants pension

At the discretion of the Central Government depending on the circumstances of the case as may appear to the Central Government to be relevant to the case and subject to such conditions as they may prescribe, the maximum rate shall be-

(i) Parents

(ii) Brothers and Sisters

Rupees thirty per mensem for each in the case of an officer other than that of the Branch List and Rupees twenty-two and naye Paise fifty per mensem in the case of officer of the Branch List subject to the following further maximum in cases where an award is made to more than one brother or sister.

61. Rates of ordinary pension and children's allowance.- (1) Ordinary family pension shall be at half the rate of special family pension laid down for the appropriate rank in regulation 60(a).

(2) The rates of children's allowance (ordinary) are as under:-

Explanation. - Children's allowance at 'motherless' rate may also be granted in cases where the child is in the legal custody of a person other than its mother, or step mother and is being maintained by such a person.

(3) If the deceased officer was placed on the retired list on account of inefficiency or in discreditable circumstances and was granted a reduced pension, the ordinary family pension to the widow shall be reduced by half the percentage by which the officer's service pension was reduced.

62. Division of family pension.- (1) If an officer leaves behind two or more widows who are eligible for special family pension or gratuity or an ordinary family pension, the pension or gratuity may, by order of the Central Government, be divided amongst them.

(2) If in a case where a family pension has been divided, one of the recipients dies or is disqualified, the share of the recipient may, in the circumstances of the case as may appear relevant to the Central Government, be paid to the other recipient or if there is more than one recipient, divided amongst them.

63. When payment of widow's pension ceases.- (1) Ordinary or special family pension granted to the widow of a deceased officer shall be discontinued.

(i) if she proves unworthy of it; or

(ii) if she remarries;

(2) In the case of remarriage pension shall cease from the date following that of remarriage and in other cases, from such date as the Central Government may decide.

[64. When payment of children's allowance ceases. - The payment of ordinary special children's allowance shall cease

(i) when the child attains the age of eighteen

(ii) at the expiration of the year commencing with April in which the child if a boy, is otherwise provided for or if a daughter, marries; whichever is earlier.]

65. When payment of parent's pension ceases.- A special pension which may be granted to the parent or parents of a deceased officer shall be discontinued.

(i) in the case of female parent who remarries, from the date of remarriage; or

(ii) if the pecuniary circumstances of the parent or parents become such as, in the opinion of the Central Government, not to justify the continuance of the pension.

66. When payment of brothers' and sisters' pension ceases.- Payment of special pension grated to the brothers and sisters of a deceased officer shall cease under the conditions laid down for the.cessation of ordinary rate of children's allowance in regulation 64. It may be continued after the age of eighteen years under the same conditions as for children if they are incapable of self-support by reason of a mental or physical infirmity.
67. Restoration of pension.- The family pension (ordinary or special) of a widow, which was discontinued on her remarriage may be restrored in the event of her again becoming a widow [or on such marriage being annulled by divorce or desertion by the second husband], if she is otherwise qualified and if her pecuniary circumstances are such as, in the opinion of the Central Government, to justify restoration of the pension, or if, on the death of her second husband she becomes eligible for a pension under these regulations at a different rate, she may be permitted to choose either of the two pensions.

CHAPTER III

Sailors

Section I

General

68. Application.- Unless otherwise provided, the regulations in this chapter shall apply to sailors on continuous service terms.
69. Sailors dismissed or discharged.- (1) A sailor, who is dismissed under the Act is ineligible for pension or gratuity in respect of the service rendered by him before his dismissal.

[Provided that the Central Government may, where it is satisfied that the exceptional circumstances of the case justify it, grant service pension or gratuity, at a rate not exceeding that for which the sailor would have been eligible had he been discharged on the date of his dismissal.]

(2) Save as otherwise expressly provided, a sailor who is discharged under the Act and the regulations made thereunder remains eligible for pension or gratuity under these regulations.

70. Officer cadets and midshipmen.- A sailor shall continue to be entitled to pensionary benefits as a sailor while he is an officer cadet or a midshipman.
71. Only one pension is admissible.- Save as otherwise expressly provided, no person may draw more than one pension under this chapter, and in the case of any person who becomes eligible for more than one pension, the lesser pension shall lapse.
72. Sailors invalided on account of leprosy.- A sailor who is invalided on account of leprosy and is not otherwise entitled to a pension or gratuity under this chapter may be granted such amount as the competent authority may decide not exceeding the minimum amount of gratuity admissible under these Regulations.
73. Sailors invalided on account of indulgence in drugs or drink.- A sailor invalided in consequence of any disorder (including insanity) resulting from indulgence in drugs or drink shall, unless such indulgence was for reasons beyond his control, be ineligible for pension irrespective of length of service, but may in the circumstances of the case to be considered by the competent authority, be granted-

(i) if he has rendered sufficient qualifying service to earn a service pension, the whole or part of the gratuity admissible under regulation 89.

(ii) if he has rendered sufficient qualifying service to earn a service gratuity only, the whole or part of the gratuity normally admissible according to the length of qualifying service under regulation 89.

74. Sailors who aggravate or retard the cure of a disability.- A sailor who intentionally aggravates his disability or retards its cure shall, on being discharged as medically unfit for further service on account of such disability, be ineligible for any pension or gratuity.
75. [* *]
76. Pensioners re-employed in the Defence Services in an emergency.- (1) Pensioners re-employed on mobilisation in a naval or civil capacity in the Defence Services shall receive pension in addition to pay in the re-employed post.

(2) Pensioners who are re-employed in a naval or civil capacity in the Defence Services, in other emergencies in which the re-employment of a large number of pensioners is necessary may, at the discretion of the Central Government, be allowed the same benefit.

(3) Re-employed service under this regulation shall not count for pension or for gratuity.

Explanation. - The provisions of this regulation also apply to Naval pensioners re-employed in the Army and Air Force.

77. Pensioners re-employed in a service capacity otherwise than in an emergency.- (1) Where a pensioner is re-enrolled or is re-employed in an appointment the incumbent of which is normally required to be enrolled under the Act, the pension shall be held in abeyance, but the re-employed service shall also count for pension, if any, under the rules governing the re-employment. On release from re-employment either the pension which was held in abeyance or any higher pension earned by virtue of further service shall be payable.

(2) Where a pensioner is not re-enrolled or is re-employed in an appointment which does not require him to be enrolled, the pension shall be admissible in addition to the pay of the appointment. The re-employed service shall not count for pension or for gratuity.

Explanation [1] - The provisions of this regulation also apply to Naval pensioners re-engaged in Army and Air Force.

Explanation 2. - An ex-reservist who had drawn a gratuity in lieu of reservists pension, will for the purpose of sub-regulation (1), be treated as if he was pensioner. In such a case, the grant of an enhanced pension if otherwise admissible will be subject to the recovery of the difference between the gratuity and the pension (including temporary increase and ad-hoc increase at the prevalent rates, if any), which he would have drawn from the date of his discharge to the date of his re-employment. The recovery due will be made within a period of three years from the date of his re-employment of re-enrolment in not more than thirty six instalment from his pay. The first instalment shall be payable within three months from the date of re-employment or re-enrolment.

Section 2

Service Pension And Gratuity

78. Minimum qualifying service for pension.- Unless otherwise provided, the minimum service which qualifies for service pension is fifteen years.
79. Service qualifying for pension and gratuity.- (1) All service from the date of enrolment or advancement to the rank of ordinary seaman or equivalent to the date of discharge shall qualify for pension or gratuity with the exception of

(i) any period of service on a temporary establishment or for which a special rate of pay is granted without pensionary benefits;

(ii) any period of service rendered before reaching the age of seventeen years;

(iii) any period of service rendered after the date on which the proceedings of the medical board found the individual unfit for service were countersigned by the Director of Medical Services (Navy);

(iv) any period of unauthorised absence for which pay and allowance have not been allowed;

Explanation. - Mulcts of pay and allowances awarded for absence without leave under the Act do not amount to disallowances for the purpose of this clause;

(v) Any period of absence without leave which is regularised as extraordinary leave without pay and allowances;

(vi) Any period intervening between the date of dismissal/ discharge/ release and that of its cancellation which is regularised as extraordinary leave without pay and allowances.

(vii) any period of absence as a prisoner of war unless pay and allowances are admitted for the period of absence;

(viii) unless the Central Government, by order, otherwise directs, any period of detention in civil custody before being sentenced to imprisonment or fine;

(ix) any period of imprisonment under the sentence of a civil court or of a court martial, and

(x) any period of absence without leave, as also any period intervening between the date of dismissal/discharge/release and that of its cancellation to the extent it is regularised as extraordinary leave without pay and allowances.

80. Loss of benefit of service for certain offences and its restoration.- A person who has been convicted by court martial or summarily of an offence of-

(i) desertion under section 49 of the Act, or

(ii) fraudulent entry under section 70 of the Act, shall lose the benefit of the whole of his prior service for purposes of pension or gratuity :

Provided that if such person has not been dismissed from service, he shall, on completion of any consecutive period of three years of further service in the Navy or in the reserve or in both with very good conduct, be eligible to reckon the prior service towards pension or gratuity.

81. Condonation of an interruption of service.- In the case of a person to whom an authority subordinate to the Central Government can sanction the pension, the competent authority may, upon such conditions as it may think fit to impose, condone interruption of service as follows, namely :

(i) when the proposed pension exceeds rupees twenty-five per mensem, interruptions not exceeding a total period of twelve months.

(ii) when the proposed pension is rupees twenty-give per mensem or less, all interruptions whatever their duration.

82. Condonation t deficiency, in service for eligibility to service reservist pension.- Except in the case of a sailor

(a) who is discharged at his own request, or

(b) who is eligible for special pension or gratuity under regulation 95, or

(c) who is invalided with less than fifteen years' service, deficiency in the service qualifying for service pension or reservist pension on gratuity may be condoned by competent authority up to six months in each case.

83. Counting of former service for pension and gratuity.- (1) In the case of sailors who have to their credit former service of the nature specified in column 2 of the table below and who had not been dismissed from their former service, a competent authority may, if they are re-employed, permit them to count their former service towards pension and gratuity to the extent specified in column 3 of that table, subject to the fulfilment of the conditions specified in column 4 thereof.

Explanation. - Sailors who were in re-employment on the date of coming into force of these Regulations shall continue to be entitled to the benefit of counting of former service subject to the fulfilment of the conditions attached thereto under the regulations and orders applicable immediately before the above date.

Table

The Conditions 1, 2 and 3 referred to in column 4 of the table are as follows :-

Condition 1 - At the time of re-enrolment, the individual shall have declared the former service and cause of discharge therefrom and elected to count that service towards pension or gratuity. The election once made shall be final.

Condition 2 - After re-enrolment, the sailor shall have completed any consecutive period of three years service within which his character has not been assessed at less than "Good" and he has not had a court martial conviction.

In the case of sailors transferred to the reserve before completing three years' service since re-enrolment the period of three years for the purposes of this condition may be either wholly or partly with the reserve.

Condition 3 - The sailor shall have refunded any gratuity, other than war gratuity, received in respect of his former service within a period of three years from the date of his re-enrolment in not more than thirty-six monthly instalments from his pay. The first instalment of such refund shall be payable within three months from the date of re-enrolment.

(2) Notwithstanding anything in sub-regulation (1), in the case of a sailor invalided from service, the competent authority may waive conditions 2 and 3.

[84. Rank and group for assessment of service pension. - The service pension shall be assessed on the basis of the rank actually held by an individual continuously whether in a substantive or paid acting capacity and the lowest group for which he was paid during the last ten months of his service qualifying for pension.]

85. Condonation of deficiency of service in a particular rank.- A competent authority may, depending on the circumstances of the case, condone a deficiency of service in a particular rank not exceeding three months, except on voluntary retirement.
86. Rate of service pension.- The following are the rates of service pension:-

Rates Of Service Pension-Sailors

87. Sailors transferred to the reserve.- A sailor transferred to the reserve after earning a service pension shall be granted such pension from the date of his transfer.
88. Minimum qualifying service for gratuity.- Unless otherwise provided, the minimum service which qualifies for service gratuity is five years.
89. Rate of service gratuity.- (1) Service gratuity at the rate of two-thirds of a month's pay for each completed year of qualifying service may be granted to a sailor with less than fifteen years qualifying service, who is compulsorily discharged with eligibility to gratuity or who is discharged on the ground that his services are no longer required or who is discharged otherwise than at his own request having reached the stage at which discharge may be enforced :

Provided that the competent authority may, depending on the circumstances of the case, reduce the gratuity by an amount not exceeding one fourth of the admissible gratuity

(2) No gratuity shall be admissible to a sailor who is discharged at his own request.

90. Pay for assessment of service gratuity.- Pay for assessment of service gratuity shall include

(i) the pay last drawn (including deferred pay, if any) of the substantive rank last held.

(ii) the good conduct pay;

(iii) the parachute pay, if any; and

(iv) the diving qualification retaining fee, if any.

91. Reservists in receipt of service pension.- (1) A reservist who is in receipt of a service pension shall continue to draw such pension in addition to the retaining fee admissible to him while he is in the reserve, or the normal pay and allowances admissible for the duration of the periodical training, as the case may be.

(2) Service in the reserve shall not qualify for any higher pension or for gratuity.

92. Reservist pension and gratuity.- (1) A reservist who is not in receipt of a service pension may be granted, on completion of the prescribed naval and reserve qualifying service of ten years each, a reservist pension of rupees eleven per mensem or a gratuity of rupees nine hundred in lieu of pension.

(2) A reservist who is not in receipt of a service pension and whose qualifying service is less than the period of engagement but not less than fifteen years may, on completion of the period of engagement or on earlier discharge from the reserve otherwise than at his own request, be granted a reservist pension at rupees ten per mensem or a grauity of rupees seven hundred and fifty in lieu of pension.

(3) Where a reservist elects to receive a gratuity in lieu of pension under this regulation, the amount of gratuity shall, in no case, be less than the service gratuity that would have accrued to him under regulation 89 based on the qualifying service in the Indian Navy, had he been discharged from the active list.

Explanation. - The option to draw a gratuity in lieu of pension shall be exercised on discharge from the reserve, and the option once exercised shall be final; no pension or gratuity shall be paid until the option has been exercised.

93. Time spent outside the limits of India, Nepal, Sikkim, Bhutan or Celyon.- Time spent by a reservist as a permanent resident beyond the limits of India, Nepal, Sikkim, Bhutan or Ceylon shall not reckon as service for pension or gratuity.
94. Sailors prematurely transferred to the reserve.- A sailor who is prematurely transferred to the reserve may be granted the reservist pension irrespective of the period of service rendered in the Indian Navy, provided he has completed, on discharge the period of combined service the Indian Navy and reserve service according to the terms of his engagement and the entire service qualifies for pension.

[94-A. Terminal gratuity to individuals discharged on completion of prescribed engagement with some non-qualifying service - A reservist who is discharged on completion of his prescribed engagement but who fails to qualify for a reservists pension on account of his service including some non-qualifying period which has the effect of reducing the period of his qualifying service to less than fifteen years, may be granted a terminal gratuity at the rate admissible to sailor for each completed year of active service provided he has rendered not less than five years of qualifying service.]

Section 3

Special Pension And Gratuity

95. Special pensions and gratuity to sailors-When admissible.- A special pension or gratuity may be granted at the discretion of the Central Government, to sailors who are not transferred to the reserve and are discharged in large numbers in pursuance of Government's policy

(i) of reducing the strength of establishment of the Indian Navy; or

(ii) of re-organisation, which results in paying off of any ships or establishments.

96. Rank for assessment of special pension.- Special pension shall be assessed on the substantive rank and the group held by the sailor on the date of discharge.
97. Pay for assessment of special gratuity.- Pay for assessment of special gratuity shall be the same as for service gratuity under regulation 90.
98. Scale of special pension and gratuity.- The scales of special pension and gratuity shall be:

99. Sailors invalided out of service.- (1) A sailor who is invalided out of the service on account of a disability attributable to service but whose disability is assessed at less than twenty per cent, shall be granted gratuity equal to two month's pay if-

(i) no pension or gratuity is admissible to him under any other regulation, or

(ii) the gratuity admissible to him under any other regulation is less than the gratuity admissible under this regulation, in which case the former shall not be drawn.

(2) Pay for assessment of gratuity under this regulation shall be same as for service gratuity under regulation 90.

(3) The provisions of regulations 102 and 104, shall apply mutatis mutandis to the grant of gratuity under this regulation.

Section 4

Disability Pension

100. Eligibility.- Subject to the provisions hereinafter contained, the following persons shall be eligible for disability pension, namely:

(i) sailors on continuous service terms:

(ii) boys and apprentices;

(iii) reservists when called up for service or for training.

101. Conditions for the grant of disability pension.- Unless otherwise specifically provided, a disability pension may be granted to a person who is invalided from service on account of a disability which is attributable to or aggravated by service and is assessed at twenty per cent, or over.

Explanation. (1) The question whether a disability is attributable to or aggravated by service shall be determined in accordance with the rules contained in Appendix V to these regulations.

Explanation. (2) Service rendered in aid of the civil power shall be treated as service in the Indian Navy for the purpose of this regulation.

[101-A. Individuals discharged on account of their being permanently in low medical category. - Individuals who are placed in a lower medical category (other than 'E') permanently and who are discharged because no alternative employment suitable to their low medical category could be provided shall be deemed to have been invalided from service for the purpose of the Rules laid down in Appendix V of these Regulations.]

Explanation. - The above provision shall also apply to individuals who are placed in a low medical category while on extended service and on discharge on that account before the completion of the period of their extension.

101-B. Reservists discharged on account of being placed in a low medical category. - (1) A reservist who is placed permanently in a lower medical category (other than 'E') and is discharged from the Fleet Reserve on that account will be deemed to have been invalided out of service for the purpose of the rules laid down in Appendix 'V' of these regulations.

(2) An individual who is found to be ineligible for the grant of disability pension shall be paid service gratuity as admissible under regulation 89.

102. Serious negligence or misconduct.- If the disability of a person is wholly or partly due to his serious negligence or misconduct, the amount of disability pension otherwise admissible may be reduced by the competent authority to such an extent as may appear to the authority to be reasonable in the circumstances of the case.
103. Reduction in pension when compensation for disability is paid from public revenues.- If any compensation is paid from public revenues for a disability incurred in circumstances in which a disability pension is admissible under these regulations, the Central Government may reduce the amount of the pension to such extent as they consider reasonable.
104. Refusal to undergo medical treatment.- If a sailor suffering from a disability accepted as attributable to or aggravated by service refuses to undergo an operation, or other medical treatment, which in the opinion of the service medical authority, would cure the disability or reduce the degree of disablement, his case shall be dealt with as follows :

(a) If the refusal to undergo treatment or an operation is reasonable, the full disability pension normally admissible may be granted,

[(b) If the refusal to undergo treatment or an operation is unreasonable.]

Explanation. - The question whether a refusal to undergo medical treatment or an operation is reasonable or unreasonable shall be decided in accordance with the rules contained in Appendix VII to these regulations.

105. Manifestation of disability after discharge from service.- An individual who is discharged from service, otherwise than at his own request, with a pension or gratuity, but who, within a period of seven years from the date of discharge is found to be suffering from a disease which is accepted as attributable to service may, at the discretion of the competent authority, be granted in addition to his pension or gratuity, a disability element at the rate appropriate to the accepted degree of disablement and the substantive rank last held, with effect from such date as may be decided upon by the competent authority in the circumstances of the case.

[105-A. Reassessment of the disability which is permanently below 20 per cent at the time invaliding. - In cases where an individual's disability or its aggravation at the time of invaliding is permanently below pensionable degree, he may claim to be brought before a medical board within a period of seven years from the date of his discharge. If the disability is still assessed as permanent below the pensionable degree, no claim for re-assessment shall be considered.]

105-B. Disability at the time of discharge. - (1) A sailor, who is discharged from service after he has completed the period of his engagement and is, at the time of discharge found to be suffering from a disability attributable to or aggravated by naval service may at the discretion of the competent authority be granted in addition to the service pension admissible, a disability element as if he has been discharged on account of that disability.

(2) The disability element of pension will be assessed on the accepted degree of disablement at the time of retirement or discharge on the basis of the rank held on the date on which the wound or injury was sustained or in case of a disease on the date of the first removal from duty on account of that disease.

(3) The provisions in sub-regulations (1) and (2) shall also apply to sailors discharged from service on completion of the period of their engagement and who have earned only a service gratuity.

106. Rank for assessment of disability pension.- The rank for the purpose of assessment of service and disability elements of disability pension shall be the substantive rank or higher paid acting rank, if any, held by the individual or any of the following dates whichever is the most favourable-

(a) the date of invaliding from service, or

(b) the date on which he sustained the wound or injury or was first removed from duty on account of a disease causing his disablement, or

(c) if he rendered further service, and during and as a result of such service suffered aggravation of disability, the date of the later removal from duty on account of the disability.

Explanation. - In the case of an individual who on account of misconduct or inefficiency is reverted to a lower rank subsequent to the date on which the wound or injury was sustained or disability contracted, the rank for assessment of service and disability elements of disability pension shall be the rank held on the date of invaliding from service.

107. Amount of disability pension.- In cases where the accepted degree of disablement is twenty per cent, or over, the monthly rates of disability pension consisting of service and disability elements, shall be as follows, namely.

(1) Service element

Provided that for the purpose of this clause, service rendered before the age of seventeen years shall be treated as qualifying service.

Explanation. - The service element shall be assessed

(i) in the case of ordinary seaman or equivalent, on the basis of the minimum service pension laid down for able seaman or equivalent of the same group.

(ii) in the case of Artificers V Class on the basis of minimum service pension laid down for Leading Seaman or equivalent in Group B.

(iii) in the case of Artificer acting IV Class, on the basis of the minimum service pension laid down for Group A.

[Table]

In the case of a re-employed pensioner who was in receipt of pension in addition to pay and allowance under regulation 76 or regulation 77 only disability element will be admissible in addition to service pension already in issue.

108. Boys and apprentices.- The rate of disability pension for boys and apprentices appropriate to the accepted degree of disablement shall be as follows.

[109. Period of grant of disability pension when the invaliding disability is incapable of improvement. - (1) If the disability is accepted as attributable to or aggravated by naval service and is certified on the basis of an invaliding or a re-survey medical board to be incapable of improvement disability pension may be granted for a period of ten years in the first instance. During this period, the pensioner will have a right to claim reassessment of his pension on the basis of aggravation, if any. Where pension is modified as a result of re-assessment, the pension may again be granted for a period of ten years from the date of the revised award, provided the disability is still regarded as incapable of improvement. Each successive assessment at higher or lower rate will be for a period of ten years during which the pensioner will be given one opportunity to have his pension re-assessed on the basis of further aggravation.

(2) When the percentage of disablement has remained unmodified for a period of ten years, the pensioner shall be brought before a resurvey medial board and in the event of the disability still being regarded by the pension sanctioning authority as incapable of improvement his pension may be sanctioned for life. Thereafter no review of pension will be admissible.

(3) In cases where the invaliding disability is loss of limbs(s) total loss of sight, loss of one eye, amputation, etc. and when the question of improvement/ worsening of its physical condition does not arise, the award shall be sanctioned for life.]

[109-A. Period of grant of disability pension when disablity in capable of improvement. - (1) If the disability is accepted as attributable to naval service but regarded as capable of improvement, an award may normally be made for a periof of three years from the date from which a disability pension is admissible or in a case where a disability pension was in issue for a specific period, from the date of expiry of the previous award :

Provided that in cases where the duration of the disability at the accepted degree of disablement is considered to be less than three years, the period of an award calculated with reference to the date of the last medical board shall not exceed the period of duration of the disability at that degree.

(2) An award may, however, be made in any individual case for such longer or shorter period as may be prescribed by the Central Government either generally or in respect of a particular disability.

(3) If the disability is accepted as aggravated by naval service, the duration of an award shall be determined with due regard to the relevant provisions in the Rules laid down in Appendix 'V' of these regulations.]

110. Decreased disability on the assessment.- An individual who is in receipt of a disability pension may be granted pension or gratuity as under, when the accepted degree of his disablement is re-assessed at less than twenty per cent, namely:

(a) if his qualifying service on the date of discharge was ten years or over, he may, with effect from the date following that of termination of disability pension, and for so for so long as the accepted degree of disablement remains at less than twenty per cent, be granted special pension in accordance with regulation 98 read with regulation 96.

(b) if he had not completed ten years of qualifying service on discharge, he may be granted the appropriate amount of special gratuity under regulation 98 read with regulation 96;

Provided that only one-half of the amount of the gratuity shall be payable in the first instance and the other half shall be paid only when the assessment of disability at less than twenty per cent, is regarded as permanent.

111. Increased disability on re assessment.- (1) If at any time, an increase which is attributable to service occurs in the degree of disablement of a person, a disability pension may be granted, or as the case may be, the pension already granted may be increased to the appropriate rate, with effect from the date of the assembly of the medical board on the basis of a whose findings the competent authority accepts the higher degree of disablement.

(2) When a disability pension is granted under sub-regulation (1), any service gratuity or special gratuity paid shall be adjusted against the service element of disability pension which shall be held in abeyance till the entire gratuity has been recovered.

[112. Refusal to appear before a resurvey medical board. - The disability pension of an individual who is required under any rules or orders to appear before a resurvey medical board for re-assessment of his disability but refuses to appear before the medical board, shall be suspended from the date of such refusal. If, however, he had rendered ten years or more of qualifying service, special pension admissible under regulation 98 read with regulation 96 shall be granted from that date. This award shall be readjusted against the disability pension which may be subsequently granted.]

113. Constant attendant allowance.- [(1) Sailors, including those granted honorary commissions as Sub-Lieutenant (Special Duty) and Lieutenant (Special Duty), who have been granted a disability pension for hundred per cent disablement, may also be granted a constant attendant allowance at the rate of rupees thirty-five per mensem.]

(2) The provisions of sub-regulations (2), (3) and (4) of regulation 44 shall mutatis mutandis apply to the grant of an allowance under this regulation.

[113-A. Admissibility of disability pension to a pensioner re-employed/re-enrolled within disclosing his invalidation. - A pensioner, who on his re-employment or re-enrolment in the Navy does not disclose that he was previously retired or discharged from service with the Armed Forces for medical unfitness, shall be debarred from the date of his re-employment or re-enrolment from any disability pension admissible to him in respect of his previous service with the Armed Forces. If his re-employment or re-enrolment is terminated on account of his medical unfitness or if on termination of the re-employment or re-enrolment, he is brought before a medical board, his claim for a disability pension after termination of the re-employment or re-enrolment will be submitted for orders of the Central Government. Such orders will duly take into consideration the effect of his re-employment or re-enrolment in the Navy service in aggravating a previous disability or introducing a new one.]

Section 5

Family pension, Gratuity, Children Allowance, etc.

Sub-section I--General

114. Application.- (1) Subject to the provisions hereinafter contained the regulations in this section shall apply to :

(i) Sailors on continuous service terms ;

(ii) boys and apprentices ; and

(iii) reservists when called up for service or for training.

(2) They shall also apply to personnel of the above categories who became non-effective during the period from the 27th October 1947 to 31st May 1953 (both days inclusive), but died on or after the date of commencement of these Regulations : Provided that a pensionary award under this section in respect of individuals of the categories mentioned in sub-regulation (2) shall be made only in cases where the cause of death is attributable to or aggravated by service in the Indian Navy.

115. Serious negligence or misconduct.- Where the death of an individual is wholly or partly due to his serious negligence or misconduct, the amount of special family pension or children allowance or gratuity otherwise admissible may be reduced by the competent authority to such extent as may appear to that authority to be reasonable in the circumstances of the case :

Provided that no such reduction shall be made in a case where family gratuity under regulation 133 has been withheld on grounds of serious negligence or misconduct.

116. Reduction in pension in cases where compensation for death is paid from public revenues.- If any compensation is paid from public revenues for death in circumstances in which a special family pension is admissible under these regulations, the Central Government may, at their discretion, reduce the amount of pension.

Sub-section II-Special Family Pension and Gratuity

117. Special family pension.- A special family pension maybe granted to the family of an individual if his death was due to or hastened by-

(a) a wound, injury or disease which was attributable to service,

(b) the aggravation by service of a wound, injury or disease which existed before or arose during such service :

Provided that no pensionary award in respect of the death of an individual who is in receipt of a constant attendance allowance shall be admissible unless it is proved to the satisfaction of the sanctioning authority that although the disabled sailor had relatives, they were unable to look after him properly :

Provided further that where such authority is not so satisfied, it shall refer the case to the Central Government to be considered on merits.

118. Service rendered in aid of the civil power.- Service rendered in aid of the civil power shall be treated as service in the Indian Navy for the purpose of the grant of special family pension, gratuity and children allowance.
119. Pension intended for the whole family.- A special family pension is intended for the support of all the eligible members of a family, irrespective of in whose name it stands.

[120. Eligible members of the family. - The following members of the family of a deceased individual shall be considered as eligible for the grant of a special family pension, provided that they are otherwise qualified :]

(a) Widow, lawfully married.

(b) Son, actual and legitimate (including validly adopted), below 18 years.

(c) Daughter, actual and legitimate (including validly adopted) and unmarried.

(d) Father.

(e) Mother.

Explanation. - (1) The term "father", "mother" or "parents" used in this or in any other regulation in this sub-section shall. be deemed to include such putative parents (or surviving parents as the case may be) as had not contracted a lawful marriage, but were living as husband and wife at the time of, or got lawfully married subsequent to, the conception of the said deceased individual.

(2) The term "widow" used in the above or any other regulation in this sub-section in respect of special family pensionary awards, shall be deemed to include such a widow who was married after the individuals discharge or invalidment.

(3) The term "child" used in the above or any other regulation in this sub-section, in respect of special family pensionary awards, shall be deemed to include such a child born out of a marriage after discharge or invalidment of the individual.]

121. Ex gratia awards to other relatives.- An exgratia award, at the discretion of the Central Government, may be made subject to the conditions.mentioned below, to a foster parent, [or a step child]or a minor brother or sister of an individual whose death takes place in this circumstances mentioned in regulation 117, namely-

(a) the claimant has been left destitute; and

(b) he was dependant on the deceased :

Provided that an award under this regulation shall not be made if a special family pension is admitted to a member of the family specified in regulation 120.

122. Nomination of an heir to family pension.- [(a) An individual need not make any nomination unless the intention be to change the order of eligibility laid down in Regulation 120 and the revised order of priority shall apply only in cases where no nomination exists or the nominated person is dead or disqualified.]

(b) A Gorkha recruited from, or whose family resides in Nepal, may, however, nominate in addition, another relative from amongst those specified in regulation 120 as an alternative heir to special family pension. The second heir will, however, be treated as a nominated heir only if the first is dead or disqualified on the date on which the sanctioning authority decides that the claim to special family pension is admissible.

123. Conditions of eligibility for a special family pension.- (1) A relative specified in regulation 120 shall be eligible for the grant of a special family pension, provided;

(i) General. - Subject to the provision of regulation 126 he or she is not in receipt of another pension from the Central Government or any State Government.

(ii) Subject to the provisions of regulation 126 he or she is not employed under the Central Government or any State Government.

(iii) Widow. - the widow has not remarried :

Provided that the condition shall not apply to a widow who has remarried the deceased sailor's brother, and continues to live a communal life with, or contributes to the support of, the other living eligible heirs.

(iv) Father. - the father is above fifty years of age;

Provided that if the father is below fifty years of age, he shall be eligible for a family pension, only

(a) if he is incapable of self-support by reason of a physical or a mental infirmity; or

(b) for so long as any of the following are being supported by him the deceased's widow if not re-married, any sons of the deceased under eighteen years of age or eighteen years and over if incapable of self-support by reason of a physical or a mental infirmity; any unmarried daughters of the deceased.

(v) Mother. - the mother, who is a widow at the time of her son's death or who becomes a widow thereafter, has not remarried;

Provided that if she had remarried before her son's death, she shall remain eligible for a special family pension, unless and until she again becomes a widow and remarries.

(vi) Son. - the son is below the age of eighteen years;

Provided that a son above the age of eighteen years shall be eligible for pension only if he is incapable of self-support by reason of a physical or mental infirmity, which arose before he attained the age of eighteen years.

(vii) Daughter. - the daughter has not married.

(2) A child who has been granted a children allowance under these regulations shall not be eligible for any special family pension.

124. To whom the original grant of family pension is made.- (a) Where there is a nomination-

(i) if on the date, on which the sanctioning authority decides that the claim to special family pension is admissible, the nominated heir is alive and eligible, the pension shall be granted to him or her;

(ii) if on the date referred to above the nominated heir is dead or disqualified, the pension shall be granted to the heir who stands highest in the list of living heirs specified in regulation 120 and is eligible under regulation 123;

(iii) if the heir (other than the widow) who is nominated for the special family pension waives his or her claim in favour of the widow, the pension shall be granted to the widow, provided she is eligible on the date referred to in sub-clause (i);

[(iv) If a father is below 50 years of age on the date referred to in sub-clause (i), he will be deemed to be eligible for the original grant of pension as a first life award, provided the widow or mother of the deceased sailor is also alive. On his death or disqualification, the person shall be transferred to the widow or continued to the mother under regulations 130 and 131 respectively, as the case may be. If a father below 50 years of age is the sole survivor, he will remain ineligible for the grant of family pension for so long as he does not attain the age of 50 years.]

[Explanation :- The date on which the pension sanctioning authority decides that the claim to family pension is admissible, shall mean the date on which the draft pension payment order is approved by the Controller of Defence Accounts (Pensions) and the action for actual grant and notification thereof is commenced.]

(v) if the heir, who is nominated for a special family pension is employed under the Central Government or any State Government and is thereby disqualified for the grant of a special family pension either in whole or in part under regulation 126 then, the pension or the part thereof, which is held in abeyance for the duration of his employment, shall be granted to the heir who stands highest in the list of living heirs specified in regulation 120 and is eligible under regulation 123 and if there are no such heirs, such pension or the part thereof, shall be granted to him from the date of termination of such employment.

[(b) (i) Where there is no nomination the pension shall be granted to the living heir who stands highest in the list of heirs in regulation 120 and who is eligible under regulation 123 on the date on which the sanctioning authority decides that the claim to pension is admissible.]

[ii) if the father is the highest eligible heir for the grant of family pension and is below 50 years of age on the date referred to in clause (a)(i), he will be deemed to be eligible for the original grant of pension as a first life award, provided the mother of the deceased sailor is also alive. On his death or disqualification, the pension will be continued to the mother under regulation 131. If a father below 50 years of age is the sole survivor, he will remain ineligible for the grant of family pension for so long as he does not attain the age of 50 years.]

125. [Date from which a grant of special family pension takes effect- (1) The original grant of special family pension shall be made as a first life award from the date following that of casualty which created the claim, to the highest living heir on the date referred to in regulation 124(a)(i). Pending enquiry award already paid, if any, shall be adjusted in accordance with regulation 177 of the Navy (Pension) Regulation 1964.

(2) If on the date referred to in sub-regulation (1), all the eligible members are dead or disqualified, the arrears may only be paid at the discretion of the Central Government.

(3) In no case shall claim preferred after incurring of disqualification be entertained.]

126. [Refusal of family pension]to an individual in receipt of another pension from Government or in Government employment. -[(a) No ordinary or special family pension shall normally be granted to an individual if, and for so long as, the individual is in the employment of the Central Government or any State Government, or is in receipt of another pension from the Central Government or any State Government, except as provided for in clause (d):]

Provided that a widow in receipt of another pension from the Central Government or any State Government or in employment of such Government shall not be debarred from the payment of any special family pension subject to the condition that no two pensions in respect of the same person shall be admissible to her.

Provided further that if in the case of an individual other than the widow, the pay in such employment or pension is less favourable than the special family pension admissible under these regulations, the following provision shall apply:

(1) Where the individual is in the employment of such Government, half the special family pension normally admissible under these regulations shall be paid subject to the provisions of clause (c). Full special family pension shall be payable from the date of termination of such employment.

(2) Where the individual is in receipt of a pension under these regulations, it shall be held in abeyance for so long as any special family pension is payable to him either under these regulations or under the Army or Air Force Pension Regulations. The amount, if any, paid on account of the lesser pension, from the date from which the grant of special family pension takes effect, shall be adjusted accordingly.

(3) Where the individual is in receipt of any pension under the civil rules, the amount of special family pension admissible under these regulations shall be reduced by the amount of such pension.

(b) Where, however, the pecuniary circumstances of a claimant in receipt of another pensions are such that the operation of clause (a) is likely to cause undue hardship, the case shall be considered by the Central Government on merits whose decision thereon shall be final.

[(c) Family pension under these regulations shall not be abated or discontinued by the grant of a pension under the Central or State (Extraordinary) Pension rules. A special family pension under these regulations and an extraordinary pension under the civil rules in respect of the same person will not, however, be admissible.]

[(d) The provisions of this regulation shall also be applicable when the recipient of a special family pension is, subsequently, employed under the Central Government or any State Government or granted another pension from such Government.]

[(e) Family pension granted under these regulations shall remain unaffected in cases where the claimant is in receipt of another pension under the Central or State Extraordinary pension rules.]

[127. Rank and group on which special family pension and gratuity is assessed - The special family pension and gratuity shall be assessed on the substantive rank or higher paid acting rank if any, and group held by an individual on any of the following dates, whichever is the most favourable:]

(a) The date of death occurs in service, or date of discharge or invaliding if death takes place after discharge or invaliding; or

(b) the date on which the individual sustained the wound or injury or was first removed from duty on account of the disease causing his death; or

(c) If he rendered further service and during and as a result of such service suffered aggravation of the disability, the date of his later removal from duty on account of the disability.

Explanation :- In the case of an individual, who on account of misconduct or inefficiency, is reverted to a lower rank subsequent to the date on which the cause of death originated, the rank for assessment of special family pension and gratuity shall be the rank held on the date mentioned in clause (a).

128. Rates of special family pension.- The rates of special family pension are:

129. [(a) If the recipient of a special family pension refuses to contribute proportionately towards the support of other eligible heirs in the family who were dependent upon the deceased sailor, or if the pension is in the name of a child but is not devoted to the interests of the family generally, the competent authority may on the basis of the verification/ investigation report rendered by the recruiting organisation and attested or countersigned by any one of the undermentioned local civil authorities divide 2t his discretion for reasons to be recorded in writing in special family pension among the eligible heir(s) of the deceased sailors.-

(i) Sarpanch of village

(ii) Any serving or retied Gazetted Officer, civil or military, including JCO

(iii) Sub Postmaster

(iv) Qanungo or Patwari

(v) Sub-Inspector of Police

(vi) A member of a Municipal Corporation or Committee or of a Zila Parishad/District Board

(vii) Panchayat President/Village Munsif/Patel/Village Officer/Panchayat Executive Officer

(viii) Member of Parliament /Member of Legislative Assembly/Member of Legislative Council

(ix) Oath Commissioner/Notary Public.

Explanation. - The competent authority may order similar division of family pension at the time of initial grant if at the time of initial investigation of a claim it is found that the nominated heir is not living a communal life with other eligible heirs or he/she is not willing to contribute proportionately towards their support.]

(b) This division shall hold good only for the period during which the pension is payable to the original recipient. If during this period any of the parties to the division (other than the original recipient) is disqualified or dies his share shall be restored to the original recipient if he is the only one living or shall be divided among the remaining recipients, if there are more than one :

Provided that the fact that an adult recipient of a special family pension refuses to contribute towards the children's support shall nor ordinarily justify the pension before divided.

130. Transfer of special family pension.- (1) When for any cause a special family pension ceases to be payable to any heir other than the widow, it shall be transferred to the widow provided she is not disqualified under regulation 123.

(2) Except as provided for in this regulation and regulation 124(a)(iv), a special family pension shall not be transferred and shall cease altogether on the death or disqualification of the original recipient.

131. Continuance of special family pension.- (a) The whole or a portion of special family pension which ceased on the death or disqualification of the previous recipient may be continued to the father or the mother if he or she or both are eligible provided that, the pension to be continued, plus

(i) the average monthly income of the father or mother or both from permanent sources, and

(ii) the average monthly contribution which any son, whether willing or unwilling to support, is in a position to make towards his and/or her support, does not exceed the full special family pension admissible under these regulations.

(b) The maximum amount of special family pension which can be continued under clause (a) shall be rupees fifty per mensem in the case of parents of Chief Petty Officers and rupees thirty-five per mensem in the case of parents of Petty Officers and below.

(c) Continuance of a special family pension beyond the second life shall not be permissible.

(d) The continuance of a family pension (or the rectification of the rate where the continuance of such pension has already been sanctioned but at a lower rate through error of facts) shall be sanctioned from the date of application, subject to the grant of a maximum of five years' arrears preceding the date of the pension payment order notifying the award or increase. In a case, where no action has been taken on a previous application, or it has been turned down in error and the applicant has not re-submitted the claim for more than a year afterwards, arrears shall be allowed, subject to the above maximum from the date of the application which is pursued to the above maximum from the date of the application which is pursued to a finality and leads to the award or increase of pension.

132. When payment of special family pension ceases.- (1) The payment of special family pension shall cease when the recipient ceases to fulfil the conditions of eligibility under regulation 123 or on his death, whichever is earlier.

[(2) A special family pension of a widow which was discontinued on her re-marriage with a person other than the real brother of her deceased husband, may be restored to her when her re-marriage is annulled by divorce, desertion or death of the second husband provided she is left in a destitute condition and was not in receipt of a second life award. Such cases will be submitted to the Central Government for consideration on individual merits.]

133. Family gratuity.- (a) Family gratuity at the rates laid down in clause (c) may be granted in addition to special family pension to the family of an individual who-

(i) is killed in action or dies from wounds sustained in action; or

(ii) is killed, otherwise than through his own serious negligence or misconduct, while on flying duty or parachute jumping duties in a service aircraft or while being carried on duty in a service aircraft under proper authority, or dies of injuries sustained in such circumstances; or

(iii) dies, otherwise than through his own serious negligence or misconduct, of a cause attributable to circumstances which, in the opinion of the local administrative authorities, are similar to those encountered on field service or in operations; or

(iv) suffers a violent death while employed in aid of civil power :

Provided that in cases under clause (iii), the circumstances of death are accepted by the Central Government as similar to those encountered on field service or in operations.

Explanation. - [(1) An individual employed on the work of disposal by demolition, burning, burial, breakdown or dumping of unserviceable stocks of explosives shall be deemed to be on field or operational service for the purpose of eligibility of the heirs to death gratuity under clause (iii).]

[Explanation 2 - The provisions of clause (a) (ii) shall also apply to flights in a civil or chartered aircraft for so long as similar orders exist in respect of Central Civil Government Servants.]

(b) (i) Except as provided for in regulation 166 family gratuity shall be payable to the recipient of the special family pension.

(ii) if, on the date on which the sanctioning authority decides that the claim to a special family pension is admissible, all the members in the list of eligible heirs have died or become disqualified, the gratuity shall be payable only under the orders of the Central Government to the other heirs of the deceased sailor on production of a succession certificate.

(c) The rates of family gratuity are :-

Sub-section III-Children's Allowance

134. Conditions for grant of children's allowance.- (1) Subject to the provisions of regulations 135 and 139 children's allowance may be granted to each natural [including validly adopted]child of an individual if his death was due to, or hastened by, either a wound, injury or disease which was attributable to service in the Indian Navy or the aggravation by service in the Indian Navy of a wound, injury or disease which existed before or arose during the service provided that :

(i) the child is not in receipt of special family pension;

(ii) in the case of a son, he was below the age of eighteen on the date immediately following the date of death of the deceased sailor which created the claim;

(iii) in the case of a daughter, she is unmarried or if married, below the age of sixteen on the date aforesaid.

[Explanation :- The term "child" used in the above or other regulation in this sub-section, in respect of special family pensionary awards shall be deemed to include such a child born out of a marriage after discharge or invalidment of the individual.]

135. Payment of children's allowance to a child in Government Employment.- Children's allowance shall not be granted to a child who is in the employment of the Central Government or any State Government. If, however, the children's allowance exceeds the pay of appointment, half the children's allowance shall be paid in addition to pay. Full children's allowance shall be payable on termination of such employment.
136. Rates of children's allowance.- The rates of children's allowance for each

eligible child shall be-

137. Increased rates of children's allowance when special family pension ceases.- When for any cause the special family pension ceases to be payable to any eligible heir, the children's allowance shall be increased by fifty per cent.
138. When the payment of children's allowance ceases.- (1) The payment of children's allowance shall cease

(a) subject to the provisions of regulation 139 in the case of a son, on attaining the age of eighteen years, and

(b) in the case of a daughter, on her attaining the age of sixteen years or on marriage, whichever is later.

(2) A married daughter in receipt of children's allowance shall surrender such allowance if she becomes eligible for a special family pension under these Regulations in respect of the death of her husband.

139. Grant or continuance of children's allowance to a son after the normal age limit.- The children's allowance may be granted to or continued in respect of a son over the age of eighteen years, if he is incapable of self support by reason of a physical or mental infirmity which arose before he attained the age of eighteen years.
140. When children's allowance is admissible in conjunction with special family pension.- In cases where a child is the nominated heir and has been granted a special family pension, the children's allowance may be granted to him in addition if and for so long as either of the parents of the deceased or the widow is alive and is otherwise eligible for special family pension.

Sub-section IV-Awards in respect of deaths not due to service

Part A

Family Pension And Gratuity-Sailors

141. Extent of application.- The pensionary benefits in this part shall be admissible to the widows of sailors who died or die on or after 1st October, 1957, of causes neither attributable to nor aggravated by service in the Indian navy.

[141-A - In respect of individuals who die of causes neither attributable to nor aggravated by naval service, the pensionary benefits in part A of this sub-section shall be admissible to the heirs specified in regulation 120.

Explanation :- The awards will be granted to the heir nominated for the purpose of special family pension or if there is no such nomination or the nominated heir is dead or disqualified under clauses (i) to (iii) below, to the eligible heir who stands highest in the list of living heirs. No award will, however, be paid to

(i) Father or mother who was not dependent on the deceased sailor ;

(ii) a mother, who is widow at the time of her son's death or who have become widow thereafter, has remarried;

(iii) a daughter in the event of her marriage.]

142. Pension/Gratuity in cases of death in service.- The widow of a sailor who dies in service, may be granted the following pensionary benefits, namely.

Explanation. - Pay for the purpose of determining the amount of gratuity shall be calculated in accordance with regulation 90.

143. Pension in cases of death after discharge.- The widow of a sailor who had rendered fifteen years or over of qualifying service in the Indian Navy for pension, and who dies within five years of discharge or invaliding, may be granted a pension at half the rate of the service pension which was granted to the deceased or to which he was entitled, as the case may be. The pension shall be payable from the date following that of the death of the deceased till the expiry of a period of five years from the date of his discharge or invaliding, as the case may be.
144. When payment of pension ceases.- The payment of pension shall cease on re-marriage of the widow to a person, other than the brother of the deceased sailor, before the expiry of the period specified in clause (d) of regulation 142 or regulation 143.

Part B

Gratuity In Respect Of Reservists

145. Gratuity to the widow of a reservist who dies due to causes not attributable to service before completion of his combined Naval and Fleet Reserve Service.- (1) The widow of a person in the Indian Naval Reserve Forces (other than an officer) who dies while in the Indian Naval Reserve Forces due to causes neither attributable to nor aggravated by service in the said Forces, before completion of his combined Naval and Fleet reserve service shall be granted a gratuity that would have been paid had he been discharged at the end of his service in the Indian navy.

(2) The grant of the above gratuity shall be subject to the conditions prescribed in regulations 4, 8 and 75 and also to the following conditions :

(i) the widow has not remarried a person other than the brother of the deceased;

(ii) the deceased had not elected to be governed by the Pension Regulations, 1943;

(iii) the widow is not in receipt of any pension or has not received any gratuity from the Central Government or any State Government or from any undertaking of such Government in which the deceased was an employee at the time of his death.

CHAPTER IV

Commissioned Officers-Commutation Of Pension

146. Conditions and limits of commutation.- (1) A permanent commissioned officer who is in receipt of a service pension or a permanent disability pension and who had attained the age of forty years or who has been certified as permanently incapable, through disability, of further service maybe permitted, subject to the report of a medical board as to his physical fitness and to any decision taken in the exercise of the discretion provided in regulation 8, to commute a portion not exceeding one-half of his pension or pension (less any amount previously commuted), provided that the amount left uncommitted is not less than Rupees two thousand a year in the case of officers of the general list and Rupees twelve hundred in the case of officers of the branch list.

(2) Notwithstanding anything contained in sub-regulation (1) where the total amount of pension or pensions of an officer (other than an officer of the Branch List) is less than Rupees Two Thousand and Four Hundred a year, a portion of the pension not exceeding Rupees Four Hundred may be commuted, provided that not less than Rupees One Thousand and Six Hundred a year remains uncommuted.

(3) In calculating the amount of pension for the purposes of this regulation, there may be added to it the uncommuted portion of any other permanent pension or pensions payable to the applicant by the Central Government or any State Government.

[Note :-No commutation of pension sanctioned under regulation 5 A shall be allowed as provided in sub-regulation (1) of that regulation.]

[Explanation 1. - Communication of pension shall be allowed with reference to total disability pension in cases where the invaliding disability is loss of limb(s), total loss of sight, loss of one eye, amputation etc., or where the award or disability pension is sanctioned for life.]

Explanation 2. - Where the officer has been granted temporary disability pension but has completed five years qualifying service commutation of pension shall be allowed with reference to the service element of disability pension only.

147. When commutation of pension is permissible.- Pension maybe commuted at the time of retirement, or at any time subsequent thereto; but an officer who is re-employed in an emergency and whose pension is held in abeyance under regulation 16, shall not be permitted to commute any portion of his pension during such re-employment.
148. Calculation of commuted value.- (1) The Commutation values expressed in terms of number of years' purchase shall be as specified in the following table -

Commutation Table

(2) The age of the officer shall be taken as being the age he will attain on the next birthday following the date on which the commutation shall become absolute, subject to such addition of years of age in the case of an impaired life, as may be recommended by the medical board.

(3) In the event of the table of values applicable to an officer being modified at any time by the Central Government between the date of sanction for commutation and the date on which commutation is due to become absolute, the commuted value shall be calculated in accordance with the modified table.

[149. When commutation becomes absolute. - Unless the application for commutation is withdrawn under regulation 150, commutation shall become absolute on the date on which the medical board or authority signs the medical certificate, but reduction in the amount of pension on account of commutation shall become operative from the date of payment of commuted value of pension or three months after the issue of the payment authority by the Controller of Defence Accounts (Pensions) asking the pensioner to collect the commuted value of pension, whichever is earlier.]

150. Withdrawal of application.- (1) An officer may withdraw his application for commutation

(i) at any time before the date fixed for his appearance before the medical board;

(ii) when the table of values applicable to him is modified between the date of sanction to the commutation and the date on which the commutation becomes absolute, and the modified table is less favourable to him than that previously in force; or

(iii) when, in the case of an impaired life, the medical board recommends an addition of years to age to the actual age.

(2) in a case falling under clause (ii) or clause (iii) of sub-regulation (1), the withdrawal of application shall be made by written notice, despatched within fourteen days of the date on which the officer receives intimation of the modified table or of the recommendation of the medical board and of the commuted value payable in view thereof, as the case may be.

151. Incidental expenses incurred.- No reimbursement of any travelling or other expenses incurred by an officer in connection with commutation of a portion of his pension shall be admissible.
152. Commutation of anticipatory or provisional pension.- If some delay is likely to arise in the finalisation of pension of an officer, commutation may be allowed on the anticipatory or provisional pension, if any, in issue under Part II of these Regulations subject to necessary adjustments when the final pension is sanctioned. The anticipatory or provisional pension will be commuted under the same general conditions as apply to commutation of final pension.

[CHAPTER V]

Commutation of pension - Sailors including the MCPOs granted Honorary Commissions an Short Service Commissioned Officers (ex-Sailors).

152-A. (1) Sailors including the MCPOs granted Honorary Commission and Short Service Commissioned Officers (ex-Sailors) who are in receipt of a service or special pension or a permanent disability pension or invalid pension may be permitted by the competent authority, subject to the report of a medical authority as to his physical fitness and to any decision taken in the exercise of the discretion provided in regulations 8 and 75, to commute a portion, not exceeding one half of his pension or pensions (less any amount previously commuted) provided that the amount left uncommuted is not less than rupees two hundred and forty a year. In calculating the amount of pension for the purpose of this limit, there may be added to it the uncommuted portion of any other permanent pension or pensions payable to the applicant from Indian or other Government revenues.

(2) The portion of pension to be commuted will consist of whole rupees only subject to the limits prescribed in sub-regulation (1).

Note :- No commutation of pension sanctioned under regulation 5 A shall be allowed as provided in sub-regulation (1) of that regulation.

152-B.(1) An individual in receipt of disability pension may be allowed to commute a portion of such pension provided the invaliding disability is loss of limb(s) total loss of sight, loss of one eye, amputation, etc., or the award of disability pension is sanctioned for life.

(2) in cases where the individual has been granted temporary disability pension but has completed ten years or more qualifying service; commutation of pension may be allowed with reference to the special pension admissible under regulation 110.

(3) If an individual was granted disability pension (permanent or temporary under the orders in force prior to the 18th March, 1961) he may be allowed to commute a portion of that part of his disability pension which is equal to the service pension which would be admissible to him in the event of his disability being re-assessed below 20 per cent.

152-C. When Commutation of pension is Permissible Commutation may take place on retirement or any time subsequent thereto.

152-D. Calculation of Commuted Value.

(1) The basis for commutation shall be according to the table prescribed by the Central Government from time to time under the Civil Pension (Commutation) Rules.

(2) The age of the individual shall be taken as being the age he will attain on the next birthday following the date on which the commutation of pension shall become absolute subject to such addition of year(s) of age in the base of impaired life, as may be recommended by the medical authority.

(3) In the event of the table of values applicable to an individual being modified between the date of administrative sanction to commutation and the date on which commutation is due to become absolute, the commuted value shall be calculated in accordance with the modified table (see Regulation 152-F).

152-E. When commutation becomes absolute. - Unless the application for commutation is withdrawn under regulation 152-E commutation shall become absolute on the date on which the medical board or authority signs the medical certificate, but reduction in the amount of pension on account of commutation shall become operative from the date of payment of commuted value of pension or three months after the issue of the payment authority by the Controller of Defence Accounts (Pensions) asking the pensioner to collect the commuted value of pension whichever is earlier.]

152-F. Withdrawal of Application. - (1) An individual may withdraw his application for commutation.

(i) When the table of values applicable to him is modified between the date of administrative sanction to the commutation and the date on which commutation becomes absolute, and the modified table is less favourable to him than that previously in force; or

(ii) when, in the case of impaired lives, the medical authority recommends an addition of years of age to his actual age; or

(iii) at any time by written notice despatched before medical examination is due to take place, but this option shall expire on his appearance before the medical authority.

(2) Withdrawal of application must be made by written notice, despatched within 14 days of the date on which the individual receives intimation of the modified table or of the recommendation of the medical authority and of the capital sum payable in lieu thereof, as the case may be.

152-G. Incidental Expenses incurred. - No re-imbursement of any travelling or other expenses incurred by an individual in connection with the commutation of a portion of his pension shall be admissible.

152-H. Commutation of anticipatory/provisional pension. - If some delay is likely to arise in the finalisation of pension claim of an individual, commutation may be allowed on the anticipatory or provisional pension, if any, in issue subject to necessary adjustments when the final pension is sanctioned. The anticipatory or provisional pension will be commuted under the same general conditions as apply to commutation of final service pension. The ensure re-payment of the commuted value of the portion of an anticipatory or provisional pension paid in excess, the Controller of Defence Accounts (Pensions) will obtain from the pensioner a declaration in the following form along with his application for commutation:

Form Of Declaration

(To the completed by the applicant in receipt of anticipatory /provisional pension).

[CHAPTER VII]

Power Of Relaxation

153. Relaxation.- Where the Central Government is of the opinion that it is necessary or expedient so to do, it may by order, for reasons to be recorded in writing, relax any of the provisions of these regulations with respect to any class or category of persons.

Part II

CHAPTER-I

General

[154. Delay in settlement/Continuance and payment of pension to be avoided. - (1) All officers dealing with pension claims shall bear in mind that delay in the payment of pension may cause great hardship and so they shall do everything in their power to prevent or curtail such delays as much as possible.

(2) in order to obviate delay in continuing disability pension to pensioners in receipt of such pensions for a specified period, the following procedure is laid down, namely :

(i) Officers. - The Naval Headquarters shall initiate action to arrange re-survey medical boards about three months prior to the date of expiry of the current award and shall also ensure that the pensioners are brought before such resurvey medical board about two months prior to the date mentioned above.

(ii) Sailors. - The Commodore naval Batracks (Drafting Office) shall initiate action to arrange resurvey medical board about four months prior to the date of expiry of the current award and shall further ensure that the pensioner is brought before such resurvey medical boards about three months prior to the date mentioned above.

Explanation. - In order to avoid hardship and expense to Gorkhas in receipt of temporary disability pensions, they may appear before resurvey medical boards at any time within six months before or six months after the date on which they would ordinarily be due for re-examination.]

155. Consideration of questions affecting pensionary entitlement of an individual.- Questions affecting the pension or pensionable service of an individual shall be considered as soon as they arise, provided a decision can be arrived at on the actual circumstances of the case known at the time.
156. Cases not covered by regulation.- Cases not covered by these regulations but deserving special-consideration may be submitted by the Naval Headquarters to the Central Government along with the audit report with reference to that case.

CHAPTER II

Applications And Grant Of Pensions And Gratuities

Section I

General

157. Application for pension, etc.- (1) An application for pension [***]shall be submitted as soon as possible after the occurrence of the casualty which gives rise to the claim.

(2) An application for service pension [***] (disability pension in the case of T.B. patients), 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.

(3) In the cases referred to in sub-regulation (2), the sanctioning authority may sanction the pension not more than two months before the date from which it has to take effect.

[(4) Service gratuity to sailors proceeding on discharge or leave pending discharge may be paid at the time of final settlement of their pay accounts.]

158. Verification of service.- In cases where a pension or gratuity is dependent on the length of an individual's qualifying service, the Cont oiler of Defence Accounts (Pensions) or the Controller of Defence Accounts (Navy), as the case may be, shall before reporting on the claim for pension or gratuity or sanctioning the pension or gratuity, verify the service

(i) in the case of commissioned officers (including Branch List Officers), with reference to the audited Navy List; or

(ii) in the case of sailors, with reference to their service certificates.

159. Audit report on applications for pension and gratuity.- The Controller of Defence Accounts (Pensions) or the Controller of Defence Accounts (Navy), as the case may be, receiving the application, after satisfying himself that it is complete in all respects shall, in cases where he is not himself the sanctioning authority, submit it to the sanctioning authority with an audit report upon the claim for pension, gratuity or allowance and the regulations applicable to the case.
160. Rounding off of pensions and gratuities.- (1) The amount of pension as finally calculated, as also the amount of anticipatory pension, shall be rounded off to the next higher rupee.

(2) Gratuities shall be calculated to the nearest multiple of five praise, that is, where the exact amount works out to two and a half paise or more, it shall be taken to the next higher multiple of five paise, amount below two and a half paise being disregarded.

(3) The provisions of sub-regulation (2) shall also apply to the payment of capitalised value of commuted portion of pension.

161. Communication of sanction to the Controller of Defence Accounts (Pensions).- Every sanction of a pension, allowance or gratuity sanctioned by any authority other than the Controller of Defence Accounts (Pensions) or the Controller of Defence Accounts (Navy) shall be communicated to the Controller of Defence Accounts (Pensions), who shall arrange for its payment.

Section II-Applications for pension etc. and their disposal

162. Applications and procedure.- The forms of applications for grant of different kinds of benefits under these regulations including commutation of pension shall be as specified in Appendix VIII, the procedure to be followed in the submission and disposal of such applications shall be as specified in Appendix IX.

CHAPTER III

Anticipatory Pensions, Advances Of Pensions, Provisional Payment Of Family Gratuity And Pending Enquiry Awards

Section I

Anticipatory Pensions

163. Anticipatory pensions.- (1) Subject to the provisions of sub-regulation (3) when delay is anticipated in reporting on the claim to pension of a commissioned officer or in the final sanction of a pension to a sailor, the Controller of Defence Accounts (Pensions) may, upon a declaration by the individual concerned in the form set out below, sanction the immediate disbursement of the 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 consented, provisionally to advance to me the sum of Rupees..........per month 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 accepting this advance. I fully understand that my pension is subject to revision on the completion of the necessary enquiries, and I promise to raise no objection to such revision on the ground 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.

Explanation. - In the case of Gorkha sailor domiciled/ residing in Nepal, the anticipatory pension may be sanctioned without prior production of the declaration form. However, the pension disbursing officer shall invariably obtain this declaration form from the pensioner before making the first payment of anticipatory pension and forward it to the Controller of Defence Accounts (Pensions).

(2) If, upon the completion of the necessary investigation, it is found that the pension thus summarily assigned differs from the pension finally settled, the difference shall be adjusted in the first subsequent payment.

(3) No anticipatory pension shall, however, be sanctioned to an individual when intimation is received that he was involved, whilst in service, in a loss or irregularity relating to public fund, which is under investigation.

[Section 2 - Procedure for Speedy Payment of Family Gratuity and Finalisation of Family Pension Claims in Cases of Deaths in Action. Flying Accidents or Parachute jumping or while Employed in aid of Civil Power]

164. Speedy payment of family gratuity and finalisation of family pension claims.- In cases of death of naval personnel [in action, due to wounds sustained in action, flying accidents or parachute jumping or while employed in aid of civil power.]the highest priority shall be given to the completion of a court of enquiry, which have a vital bearing on the finalisation of the pensionary awards in this type of cases. It shall be ensured that no delay occurs at any stage in forwarding the proceedings, with the necessary remarks to the Government through the prescribed channels. Claimants shall be assisted in filling up the details in the prescribed forms. The officers of the recruiting organisation shall take action personally to reduce to the minimum the time necessary for the verification of the details of the claims by the civil authorities.
165. Provisional payment of family gratuity.- (1) The competent authority may pay an amount equivalent to seventy-five per cent of the family gratuity (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 officer or to the family of a sailor who is killed while on flying duty in a service aircraft or while being carried on duty in [an aircraft]under proper authority.

(2) The provisional payment of family gratuity will be adjusted in accordance with regulation 167.

(3) [* **]

166. Procedure for payment.- (1) Where the deceased individual was an officer-

(i) The Controller of Defence Accounts (Navy) shall authorise the treasury from which the widow desires payment, 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 shall be subject to the widow signing the following declaration :

"Whereas the Controller of Defence Accounts (Navy), has consented provisionally to advance to me a sum of Rupees .............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 of any amount advanced to me in excess of the pensionary award to which I maybe eventually found entitled."

(ii) The Controller of Defence Accounts (Navy) will inform the Ministry of Defence, Naval Headquarters and the Controller of Defence Accounts (Pensions) of the action taken under clause (i). He will also indicate the amount of family gratuity if any, paid, on the last pay certificate of the deceased officer issued to the Controller of Defence Accounts (Pensions), for eventual adjustment.

(2) Where the deceased individual was a sailor-

(i) The Controller of Defence Accounts (Pensions) shall sanction the payment of the appropriate amount and intimate the particulars to the Base Supply Officer, Bombay.

(ii) The Base Supply Officer, Bombay shall remit the amount through ordinary money order to the heir nominated for special family pension, or if the nominated heir is dead or there is no nomination, to the living heir standing highest among the eligible heir without verification in either case as to his or her eligibility for special family pension, apart from those which can be checked from the latest entries in the service records.

Either of the following intimation shall be recorded in the footnote of the money order form :-

Cases of death due to flying accidents or parachute 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 entitlement to the pensionary awards, in respect of late............is determined. The amount now advanced will be adjusted against the family pensionary awards which are finally found to be admissible.

OR

Cases of death in action, due to wound sustained in action or of violent death in aid of civil power.

The sum of Rupees ..........................as family gratuity consequent on the death of your .........................(here insert relationship, rank and 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 completion of necessary enquiries and investigation, it is found that special family pension is admissible to any such heir.

(iii) The Base Supply Officer, Bombay shall inform the Ministry of Defence, Naval Headquarters, Captain Naval Barracks, Bombay, and the Controller of Defence Accounts (Pensions), of the particulars of the remittance, as also its actual payment when made to the heir of the deceased to whom the family pension is due. The Captain Naval Barracks shall indicate the amount of family gratuity if any, paid on the family pension claim form as also on the last pay certificate, for eventual adjustment.

167. Adjustment of provisional payment.- (1) Where the deceased individual was an officer the Controller of Defence accounts (Pensions) shall specify the provisional payment [* * *]of family gratuity, in his audit report, when he submits the claims to special family pensionary awards with the prescribed documents, for orders of the Central Government. Those orders will provide for the proper adjustment of the provisional payment against the final awards admissible to the family under these regulations.

(2) Where the deceased individual was a sailor the provisional payment [* * *] of the family gratuity shall be adjusted in accordance with the procedure in force for adjustment of payments of Pending Enquiry Award against the final awards admissible to the family under these regulations.

Section 3

Sailors And Their Families

Sub-section 1-Advance of pension

168. Advances of service [invalid/special pensions.- An advance of service or invalid or special pension not exceeding six months' pension (exclusive of allowance attached to decorations etc.) may be paid by the Controller of Defence Accounts (Pensions) to a sailor who is discharged or invalided from service after having earned a pension.

The amount of advance paid shall be recovered in full as pension falls due.

169. Advance of pension to destitute pensioners.- An advance of pension or arrears of pension may be sanctioned by the Controller of Defence Accounts (Pensions) to pensioners other than officers and their families, subject to the following conditions:

(a) The advance will be sanctioned in cases in which arrears of pension for over twelve months are clearly payable to the pensioners and after the-individual's identity and bona fides have been clearly established.

(b) The advance will be sanctioned only to those pensioners who are, in the opinion of the Controller of Defence Accounts (Pensions) or joint Controller of Defence Accounts (Pensions), in a destitute condition and in immediate need of financial help.

(c) The advance will be sanctioned under the orders of the Controller of Defence Accounts (Pensions) or 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 Rupees one hundred.

(d) The advance will be recovered from pension or arrears of pension. Sub-section 2-Pending enquiry awards

170. Object and nature of pending enquiry awards.- (1) The pending enquiry award is intended to relieve the 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 service or is accepted as such, by the competent authority with reference to the applicable entitlement rules. Provisional awards may be made pending completion of the enquiries and other steps which may be necessary before a pension claim can be finally admitted.

(2) The award does not affect the payment of anticipatory pension or provisional payment of family gratuity.

171. Circumstances in which pending enquiry award may be made.- In the following cases Pending Enquiry Awards may be made:

(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 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 service before 1st April 1948, and

(ii) the disability is assessed at twenty per cent or above.

(b) Special family pension and children's allowance claims.

Cases of the following types in which the Controller of Defence Accounts (Pensions) is unable to sanction a special family pension or children's allowance within a month of the receipt of the claim in his office:

(i) cases of death 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 service, or when this is not the case, as soon as entitlement is conceded by the competent authority;

(iii) injury and disease cases where, in the opinion of the administrative authorities and the medical authorities respectively, the cause of death is due to individual's service before 1st April, 1948; and

(iv) cases where the deceased sailor was in receipt of a disability pension or was admitted to such pension posthumously and the cause of death is accepted by the competent authority as attributable to or aggravated by his service.

172. Amount and date of effect-(a) Disability pension claims.- (1) A pending enquiry award shall be made at a monthly rate equal to the appropriate rate of disability pension based on the degree of disablement assessed by the medical board or the medical adviser (Pensions), where the case is referred to him :

Provided that where the individual has been granted anticipatory pension, the award shall be at the rate equal to the disability element of disability pension.

(2) The award shall be made with effect from the date following that of discharge from the service.

(b) Family pension and Children's allowance claims. - (1) A pending enquiry award shall be made at a monthly rate equal to :

(i) the appropriate amount of family pension, plus

(ii) the appropriate amount of children's allowance according to the number of living minor children, if any, shown in the service records.

(2) The award shall be made with effect from the date following that of the death of the individual but in a case where family allotment has been paid and the allottee is the recipient of the award, the award shall commence from the date following that up to and for which family allotment has been paid.

Explanation. - In this sub-regulation and sub-regulation (2) of regulation 174, "family allotment" means the amount allotted to be sent to the family of the individual and "allottee" means the person who receives the amount allotted.

(3) In a case where, 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 twelve months from the date of death or the date specified in sub-regulation (4) of regulation 205, as the case may be, the grant of arrears of pending enquiry award shall be regulated by regulation 205.

173. To whom payable.- (1) An award of disability pension shall be made to the individual invalided out of the service.

(2) An award of family pension and children allowance shall be made to the heir nominated for family pension as shown in service records or if the nominated heir is dead or if there is no nomination, to the living heir standing highest among the eligible relatives without verification in either case as to his or her eligibility for family pension and children allowance under these regulations except to the extent that such verification can be made on the basis of entries in the service records.

Any case of doubt shall be submitted for orders of the Central Government.

174. Procedure.- (1) The Captain Naval Barracks shall submit to the Controller of Defence Accounts (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.

(2) In case of family pension claims, the Captain Naval Barracks, while forwarding the claim, shall 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.

175. Payments.- (1) Intimation of the grant of a pending enquiry award and its particulars shall be sent by the Controller of Defence Accounts (Pensions) by express letter to the Base Supply Officer, Bombay, who shall arrange payment of the award through ordinary money order.

The money order charges shall be borne by the Central Government.

(2) In remitting the pending enquiry award to the claimant, the Base Supply Officer, Bombay shall explain to the payee the object and the nature of the award and make it clear that the award is provisional only and shall cease if and when the pension is sanctioned or the claim to pension is rejected.

(3) In a case where a pending enquiry award is sanctioned to a claimant to disability pension who lives in Nepal, the award, instead of being remitted by money order, shall be paid to the claimant in lump sum when he visits the Recruiting Office, Kunraghat 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.

(4) In the case 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 maybe, shall 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, shall be notified to the Base Supply Officer, Bombay.

The amount of pending enquiry award and the period for which payment has been made, shall also be recorded in Part H of the Pension claim Form 22 (RIN 239) and Form 23 (RIN 240) specified in Appendix VIII; in cases where no payment has been made, a note to that effect shall be made in the form.

176. Termination of pending enquiry award.- (1) In all cases the pending enquiry award shall be stopped on receipt of intimation by the Base Supply Officer, Bombay, from the Controller of Defence Accounts (Pensions) regarding the acceptance or rejection of the claim.

(2) Intimation of rejection of the claim shall be sent by the Controller of Defence Accounts (Pensions) to the Base Supply Officer, Bombay, by telegram (with a post copy) to avoid further payment. A copy of the intimation will also be sent by the Controller of Defence Accounts (Pensions) to the Captain, Naval Barracks.

(3) [The Commodore, Naval Barracks] Bombay, shall also stop further payment of pending enquiry award,

(a) on receipt of orders of the Central Government regarumg acceptance or rejection of the claim, or

(b) if definite information, duly verified, is received through service sources, the local civil authorities or Sailors', Soldiers' and Airmen's Board or officers of recruiting organisation, [regarding the death of the recipient of his ineligibility for a special family pension.]

In all such cases, the Base Supply Officer, Bombay, shall inform the Controller of Defence Accounts (Pensions) as to the month up to and for which the pending enquiry award has been paid.

177. Adjustment of pending enquiry awards.- (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 and Children's allowance claims. - If the claim is rejected, the amount paid as pending enquiry award shall be adjusted as under :

(a) If paid to the widow, it shall be adjusted against the award of family pension or gratuity admissible to her under regulation 142.

(b) If paid to an heir other than the widow who is alive and is eligible for the grant of an award of pension or gratuity under regulation 142, the case shall be referred to the Central Government for orders, regarding the regularisation of the pending enquiry award.

(c) No recovery shall be made in other cases.

(ii) If the claim is accepted the amount paid as pending enquiry award shall be adjusted as indicated below :

(A) When the recipient of the pending enquiry award and the family pension and children's allowance finally sanctioned is the same, the amount paid as pending enquiry award shall be adjusted against the award of family pension and children's allowance.

(B) In cases where:

(1) the recipients of the pending enquiry award and the family pension and children's allowance 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 and children's allowance are sanctioned to the widow or the child of the deceased, or

(3) the recipient of the pending enquiry award waives his or her claim in favour of the widow and the family pension and children's allowance are sanctioned to the latter,

the amount paid as pending enquiry award shall be adjusted against the arrears of family pension and children's allowance due under these regulations and the balance, if any, recovered from the pension sanctioned in instalments not exceeding one third of the pension.

(C) All other cases shall be submitted for orders of the Central Government. Pending such orders, the arrears of family pension and children's allowance to the extent of the amount paid as pending enquiry award shall be withheld from the recipient of the family pension and children's allowance. If the amount paid as pending enquiry award exceeds the arrears of family pension and children's allowance admissible, the balance shall be recovered from the family pension and children's allowance in instalments not exceeding one-third of the pension. Final adjustment shall be made on receipt of orders of the Central Government.

178. Review of cases.- The Controller of Defence Accounts (Pensions) shall review every four months all cases of pending enquiry awards to ensure that there has been no avoidable delay in sanctioning pensions.

CHAPTER IV

Payment Of Pension And Children Allowance

Section I-General

179. Agencies for payment of pension.- (1) A pension or children's allowance granted under these regulations shall, if drawn in India, be paid through one of the agencies specified in Appendix X.

(2) The payment of pension and children's allowance outside India shall be regulated by the orders of the Central Government for the time being in force.

[179-A. Transfer of pension. - (1) Except where specifically provided otherwise, pension shall be paid in rupees in India, transfer outside India of pensions of pensioners who retired on or after the twenty-first August nineteen hundred and fifty-nine or who, having retired before the twenty-first August nineteen hundred and fifty-nine, had not taken up residence outside India before that date as well as of their dependants shall not be permissible except with the prior approval of the Central Government.]

(2) 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 tenth September nineteen hundred and forty-nine and takes up his residence in any country outside India shall be eligible to get his pension transferred outside India.

(3) The Controller 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.

180. Drawal of pensions through agents.- (1) A recipient or pension or children's allowance resident in India may draw his or her pension or allowance through a duly authorised agent approved by the Central Government.

The agent shall execute a bond to refund over payments and produce at least once a year a life certificate in respect of the recipient signed by any of the persons authorised by regulations 189 and 194 to sign such certificates.

(2) Any such recipient not resident in India may draw his or her pension or allowance in India through a duly authorised agent, who shall either produce a certificate by a magistrate, a notary, a banker or a diplomatic representative of the Central Government on each occasion, that he or she was alive on the date up to which his or her pension or allowance is claimed, or execute a bond in favour of the Central Government to refund over payments and produce such a certificate as aforesaid at least once a year.

(3) The pension of an individual drawing pension through an agent who has executed a bond to refund over payments shall not be paid in respect of a period of more than a year after the date of the life certificate last received, and the Controller of Defence Accounts (Pensions) and pension disbursing officers shall promptly stop further payments on receipt of authentic information of the death of any such pensioner.

181. Pensioners employed or re-employed under Government.- (1) A pensioner drawing pension in India shall be required to furnish a certificate showing whether or not during the period for which pension is claimed, he or she was employed or re-employed under the Central Government or any State Government. In cases where pension is not permitted to be drawn during employment or re-employment under these regulations, the payment of pension shall be suspended.

(2) Where the salary of the pensioner is payable from the Defence Services Estimates, the Captain Naval Barracks or the Head of the office concerned shall report the pensioner's employment or re-employment or re-enrolment to the Controller of Defence Accounts (Pensions) and shall also take the following further action in respect of the specified categories of pensioners

[183. Payment in respect of insane pensioners. - When a pensioner is certified by a magistrate to be insane, the payment of pension or gratuity, or children's allowance shall be regulated by the competent, authority as under :

(a) Where the insane pensioner is lodgd in an asylum.-The whole of the pension or gratuity or children's allowance shall be paid to the dependants of the pensioner on the production of the life certificate and the pension certificate as required under regulations 189 and 194, the question of payment by them of the cost of the Pensioner's maintenance being left to be decided by the court on an application made by the asylum authorities in accordance with the provisions of section 26 of the Indian Lunacy Act, 1912 (4 of 1912).

(b) Where the insane pensioner is in the charge of his or her dependants.- The whole of the pension or gratuity or children's allowance shall be paid to the dependants of the pensioner on production of the documents referred to in clause (a).

(c) Where the insane pensioner is in the charge of a friend or any other relation.-The pension or gratuity or children's allowance shall be payable in two shares-one to the person having charge of the lunatic and another to the dependants of the pensioner on production of the documents referred to in clause (a). The size of the two shares shall be determined by the competent authority in consultation with the local civil authorities and pending such determination, half of the pension or gratuity or children's allowance shall be paid to the dependants of the pensioner.

Explanation. - For the purpose of resuming payment to the pensioner on his regaining sanity, certificate of the magistrate to thai effect shall be obtained.]

184. Payment of pension by money orders.- Payment of pensions up to Rupees one hundred per mensem through treasuries or Pension Paymasters made be made by money order at the option of the pensioner, the money order commission being deducted from the amount of pension.
185. Issue of supplementary instructions.- (1) Supplementary instructions for payment of pensions by pension disbursing officers on matters of detail not provided for in these regulations maybe issued by the Controller of Defence Accounts (Pensions) with the concurrence of the Controller General of Defence Accounts.

(2) In regard to pensions paid through post offices, such supplementary instructions may be issued by the Director General, Posts and Telegraphs; with the concurrence of the Controller of Defence Accounts (Pensions).

Section 2

Officers and their families

187. Mode of payment.- (1) Except as provided in sub-regulation (2), a pension is payable monthly and children's allowance at motherless rate is payable half-yearly on or after the first day of the following month or half year as the case may be.

(2) Pension may be paid before the end of the month in the following cases :-

(i) When a pension drawn in India is transferred to be paid by a pension paying officer outside India, payment shall be made up to and for the day preceding the day of departure from India.

(ii) When there is a variation in the rate of a pension consequent on the commutation of a portion of it, payment at the original rate may be made up to and for the day preceding that from which the commutation 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 on which pensions are not disbursed by treasuries '[or Pension pay Master] in India, the head of local administration may, if he thinks fit, direct the payment, on the last working day before the holidays, of pension bills of pensioners drawing pensions of Rupees one hundred or less.

(3) Subject to the limitations prescribed in these regulations, a children's allowance (other than allowance at motherless rate) shall be paid from the date following that of the officer's death to the 31st march next ensuing, and subsequent payment shall be made yearly in advance from the 1st April in each year.

188. How and by whom arrangements for payment are made.- When an individual who has been granted a pension desires that it should be paid at one of the stations in India specified in Appendix X, 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.
189. Identification of pensioners.- (1) Except as provided in regulation 180 and sub-regulations (2) to (4), a pensioner shall take payment in person after the pension disbursing officer has satisfied himself as to his identity.

[Explanation - Service or disability pensioners, except female pensioners and those who have been specially exempted by the Central Government, shall, as an additional precaution, be identified with reference to their photographs sent to the pension disbursing officer by the Controller of Defence Accounts (Pensions)."]

(2) A pensioner specially exempted by any State Government or Administration from appearing in pension, a female pensioner not accustomed to appear in public or a pensioner who is unable to appear in consequences of bodily illness or infirmity, may receive his or her pension through a representative upon the production of a life certificate signed by a Gazetted Officer of the Central Government or any State Government or by some other respectable person.

(3) A pensioner who produces a life certificate signed by any person exercising the powers of a magistrate under the Code of Criminal Procedure, 1898 (5 of 1898), or by any Registrar or Sub-Registrar under the Indian Registration Act, 1908 (16 of 1908), or by any pensioned officer who before retirement exercised the powers of a magistrate or any gazetted officer of the Central Government or any State Government or by a munsiff or by a police officer not below the rank of a Sub-Inspector 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.

[Explanation. - Retired commissioned officer may sign the life certificate on pension bill form (IAFA-319)."]

[(3A) The life certificate referred to in sub-regulation (2) or (3) shall be produced by the pensioner once in six months.]

(4) In the cases referred to in sub-regulations (2) and (3) the pension disbursing officer shall take precautions to prevent impersonation, and shall, 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 pensioners who are exempted from personal appearance by any State Government or Administration and female pensioner not accustomed to appear in public) require the personal attendance and the due identification of all pensioners who are not incapacitated by bodily illness or infirmity from so attending and in all cases where such inability is 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.

(5) The pension disbursing officer shall be personally responsible for any payment wrongly made. In cases of doubt he shall consult the Controller of Defence Accounts (Pensions).

190. Certificate regarding employment under a Government outside India or in a commercial firm.- (1) A retired officer whether drawing pension in India or outside, shall be required to furnish a certificate showing whether or not during the period for which pension is claimed, he or she was employed-

(a) under a Government outside India, and

(b) in the case of an officer of the rank of Captain or above, in a commercial firm, within two years of retirement.

(2) In cases where prior permission of the Central Government to such employment had not been obtained, the payment of pension shall be suspended from the date of employment and the case reported for orders of the Central Government.

191. Payment of pension in respect of deceased pensioners.- (1) Subject to the provisions of sub-regulation (2), arrears of pension or gratuity due to the estate 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, left by the deceased, or letters of administration granted by a court of law or an indemnity certificate signed by two respectable persons that the claimant is the legal heir and that they hold themselves responsible for the refund of the amount paid, in the event of any future claim being preferred. If the legal heir is a minor, payment shall be made to the legal guardian or when there is none, to the person appointed by a court of law.

(2) 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 the orders of the Central Government for disbursement of pension.

Section 3-Sailors and their families

192. Mode of payment.- (1) Subject to the provisions of sub-regulation (2), a pension to any sailor or to any of his legal heir, payable under these Regulations shall be paid only after it has become due. In the State or Union territory specified in column 1 of Appendix XI such pension shall be payable as specified against that State or Union territory in column 2 thereof.

(2) The provisions of clauses (i), (iii), and (iv) of sub-regulation (2) of regulation 187 shall apply in relation to pension payable to sailors and their families as they apply in relation to pension payable to officers and their families.

193. How and by whom arrangements for payment are made.- When an individual who has been granted a pension desires that its payment from its commencement should be made at one of the stations in India specified in Appendix X, 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 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 a pension certificate and forward it along with a copy of the pension payment order to the, Captain Naval Barracks. In the case of a pensioner who has been granted a fanfily pension, duplicate copy of the descriptive roll shall be forwarded in addition.

On receipt of these documents, the Captain Naval Barracks shall

(a) in the case of service and disability pensioners complete the individual's descriptive roll with the number of the pension payment order (with the exception of which the descriptive roll should be kept complete) and forward it along with the photograph of the pensioner to the pension disbursing officer concerned by registered post; hand over the pension certificate to the individual and instruct him to present it to the pension disbursing officer concerned; if the individual has already left the ship or establishment, send it to him by registered post;

(b) in the case of family pensioners-hand over the pension certificate to the individual or send it by registered post with instruction to present it to the pension disbursing officer concerned and forward the duplicate copy of the descriptive roll to the pension disbursing officer concerned by registered post.

On receipt of the descriptive roll and the pension payment order, the pension disbursing officer shall make payment. Where, however, the pension payment order is not received by him before a pensioner appears for receiving payment, the pension shall be paid on the authority of the pension certificate. The payment thus made shall be treated as provisional and shall be confirmed after verification from the pension payment order which shall be called for from the Controller of Defence Accounts (Pensions) immediately.

194. Identification of a pensioner.- (1) Except as provided for in sub-regulation (2) of regulation 180 a pensioner shall take payment in person and shall be identified by comparison with the descriptive roll and pension certificate. In the case of service and disability pensioners they shall, in addition, be identified with reference to their photographs.

(2) In the case of severely wounded and infirm pensioners and female pensioners who are not accustomed to appear in public, personal attendance shall not be necessary. Payment shall be made to are representative of the pensioner on the production of

(i) the pension certificate;

(ii) subject to the provisions of sub-regulations (3) and (4) a certificate signed by a Gazetted Officer of the Central Government or any State Government or by some other respectable person that the pensioner is alive. The certificate must bear the signature or the left thumb impression of the pensioner taken in the presence of that officer or person; [and shall be produced once in six month.]

(iii) a written authority from the pensioner to the representative bearing the signature or the left thumb impression of the pensioner together with a specimen of the signature or thumb impression of the representative.

(3) If the life certificate referred to in sub-regulation (2) is given by [a retired gazetted officer pensioner"] a junior commissioned officer/junior commissioned officer pensioner, a sub-inspector of police, a sub-post master drawing not less than Rupees fifty per mensem, a tehsildar, a village headman, a patti patwari (in the case of Garhwali pensioners residet 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 of such a certificate. He shall inform 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 alive.

(4) In the case of a Gorkha pensioner living in Nepal who is physically unable to apply for his pension in person, payment may be made 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 Joint 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 made by the Political Officer there, through a representative in accordance with the procedure indicated above.

[The Political Officer at Sikkim or Buthanshall obtain once a year a life certificate from Sikkim or Bhutan Government, as the case may be, for every such pensioner residing in those countries. Gorkha military pensioners residing in Nepal shall themselves be responsible for furnishing annually a life certificate signed by two male military pensioners and countersigned by an official of the Nepal Government.]

(5) The pension disbursing officer is personally responsible for any payment wrongly made. In case of doubt he shall consult the Controller of Defence Accounts (Pensions) without prejudice to the provisions of Regulation 4.

[195 to 197. [* * *]

198. Withholding of disability pension of a pensioner who does not disclose his disability on re-employment.- A disabled pensioner who obtains re-employment in Indian Navy without disclosing the fact that he was; previously discharged from service of any of the Armed Forces for medical unfitness, shall not be entitled, from the date of his re-employment, to any disability pension in respect of his previous service.
199. Payment of pension or gratuity in respect of deceased beneficiaries.- (1) Subject to the provisions of sub-regulations (2) and (3), arrears of pension due to the estate of a deceased pensioner claimed within three years of his or her death shall be investigated and paid to the heirs of the deceased by the officer responsible for the payment after such enquiry into the right and title of the claimant as he may deem sufficient. If there is reasonable doubt regarding the claim or title, the payment shall only be made to the administrator appointed by the civil court.

(2) Any claim to arrears of pension

(a) preferred after the expiry of three years from the date of death of the pensioner,

(b) exceeding Rupees one hundred preferred after twelve months from the date of death of the pensioner, or

(c) for a period exceeding twelve months shall require the sanction of the Controller of Defence Accounts (Pensions) before payment.

(3) Claims to arrears of pension on account of deceased Gorkha pensioners drawing pension from any of the following treasuries shall, however, subject to the conditions laid down above, be disposed of finally by the officers specified against that treasury instead of by the pension disbursing officer or the Controller of Defence Accounts (Pensions):

(4) When the exact date of a pensioner's death cannot be ascertained, the Controller of Defence Accounts (Pensions) shall have the power to admit arrears of pensions for the entire month in which the casualty occurred, but when the month or year of death is not known the payment of arrears shall be limited to a period of one month.

(5) In the case of Gorkha pensioners, the certificates of death and heirship granted by the mukhia of the Government of Nepal shall be counter signed by the Military Attache or Assistant Military Attache to the Indian Embassy, Nepal or the Recruiting Officer, the Deputy Recruiting Officer and the Record Officer, the Assistant Recruiting Officer for the Gorkhas, Kunraghat, or Ghoom, as the case may be.

(6) In the case of a claim to gratuity already admitted but the payment whereof has not been made, the Controller of Defence Accounts (Pensions) or Controller of Defence Accounts (Navy) as the case maybe, may sanction its payment, depending on the circumstances of the case if an application therefor is submitted by the claimant within five years from the date on which the claim originally fell due. Cases 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 Central Government.

200. Payment of life-time arrears of pension by money orders.- Subject to the provisions of regulation 184, the payment of arrears of pension of deceased pensioners who were drawing their pensions through treasuries and pension paymasters may be made to their heirs by postal money ordered provided the amount of arrears does not exceed Rupees on hundred in cases where the pension is payable monthly, and Rupees three hundred in other cases.

The money order commission shall be deducted from the arrears of pension remitted.

200-A. Money Order Commission on payment of gratuities made by Money Order. - Money order commission on remittance of gratuities admissible under these regulations shall be borne by the Central Government.

CHAPTER IV-A

Suspension, Discontinuance, Or Withholding Of Pension Procedure In Respect Of

200-B. Suspension, discontinuance or withholding of pension of a pensioner who is convicted of a crime by Court of Law or is guilty of grave misconduct not of a political nature. - If a pensioner is convicted of a crime by court of law or is guilty of grave misconduct, which is not of a polictical nature, 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), Allahabad for the order 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 necessary, with the civil authorities also, whether the offence is a serious one and if so, he shall order the removal of the prisoner's name from pension list, from the date of the commencement of his imprisonment. Pension there upon 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 the date of last payment before imprisonment shall be made on release from prison.

(d) if a pensioner is sentenced to imprisonment for a criminal 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 proceeding clauses, it shall at once be reported to the competent authority who may, if he considers it justifiable, order the suspension of his pension from a date to be specified. The competent authority shall 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 original suspension;

or

(ii) authorise continuance in full.

(g) If a pensioner is convicted by a foreign court (including Nepal) or is imprisoned in a jail outside India for a serious crime of a non-political nature, his case will be referred to the Government of India through the Controller of Defence Accounts (Pensions) for a decision on the question of reduction/ forfeiture or restoration of pension. Clause (a) above will apply in these cases also.

(h) Where an individual pensioner is convicted to a serious crime by a court of law, action to withhold or withdraw gratuity and pension or a part thereof shall be taken by the competent authority in the light of the judgement of the Court and other provisions of this Chapter."

"200-C. Suspension, discontinuance or withholding of pension of a pensioner who is convicted of a crime by a Court in India or is guilty of a misconduct of a political nature. - If a pensioner is convicted of crime by a court in India or is guilty of misconduct of a political nature has 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 he withholding of his pension (service and disability pensions, family pension drawn by adult males only, and children allowance) from a date to be specified. In cases where the pensioner is sentenced to imprisonment, his pension shall, pending the orders of the competent authority be suspended from the date of his imprisonment.

If a pensioner is convicted by a foreign court or is imprisoned in a jail outside India for a crime of a political nature by a friendly foreign country, his case for reductional forfeiture or restoration of pension as well as the question of payment of pension for the period of imprisonment, will be decided by the Indian High Commissioner or Ambassador to that country in consultation with the foreign Government concerned."

200-D. Restoration of Pension withheld. - A pension withheld in whole or in part may be restored in full or in part by the competent authority in consultation with the State Government or. Administration concerned in political cases an 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 re,lease but in no case, shall pension be sanctioned for the period of imprisonment in jail for a serious crime.

200-E. Suspension, discontinuance or withholding of pension of a pensioner. - (1) Before passing orders under these regulations regarding suspension, discontinuance or withholding of the whole or part of pension (including commuted value thereof which has not been paid) children allowance or gratuity (including Death-cum-retirement Gratuity), the competent authority shall serve upon the individual pensioner, a notice specifying the action proposed to be taken and calling upon his/her to submit within thirty days of the receipt of the notice (or such further time not exceeding thirty days as may be allowed by the competent authority) such represenations as he/she may wish to make against the proposal.

(2) The competent authority shall, after considering the representation if any made by the pensioners under sub-regulation (1) decide and issue orders in writing to suspend, discontinue or withhold the whole of pension, children's allowance and gratuity or part thereof, indicating whether the orders in the case of pension and children allowance will apply permanently or only for a specified period.

(3) An appeal against the decision of the competent authority in cases falling under regulation 8 can be made to the Appellate authority. Appellate authority shall be the President in the case of the commissioned officers. In the case of sailors, the appeal shall lie to the Flag Officer Commanding-in-Chief of the Naval Command or the Flag Officer Commanding of the Naval Area concerned. The appeal will be made through the Captain Bureau of Sailors, BOMBAY.

(4) In the case of personnel below the officer's rank the competent Authority/ Appellate Authority will consult the Controller of Defence Accounts (Pensions) while passing the final orders. in the event of difference of opinion between these authorities and the Controller of Defence Accounts (Pensions) the matter will be referred to the Government of India for orders.

CHAPTER V

Limitation Of Claims

Section I-General

201. Definition of "claimant".- For the purpose of regulations 202; 205 and 206 the term "claimant" shall mean the Captain Naval Barracks.
202. Claims for the initial grant of pension or allowance or for gratuity.- Save as otherwise provided in section 2 and 3 of this chapter :

(a) First claims for pension or allowance or gratuity, under these regulations, preferred within twelve months of the date on which they fall due shall be entertained and paid with full arrears, if such claims are otherwise in order;

(b) such claims 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 orders of the Central Government who shall give the decision depending on the circumstances of the case. Section 2-Officers and their families

203. Special provisions for claims to pensions in respect of widows.- In the case of widows of commissioned officers, pension shall normally be awarded from the date of application. Arrears prior to that date shall be paid as follows:

(a) 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 (such as 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 the widow is unable to furnish a statement or a reasonable estimate of her income in cases where such estimate or statement is necessary, within six months of her husband's death but she completes an submits her application for pension within that period, full arrears shall be paid, if she is subsequently found eligible for pension;

(d) in the case of death of an officer prior to the settlement of his disability pension claim, the time-limit of six months shall be reckoned from the date of orders of the Central Government sanctioning the grant of disability pension.

204. Claims to arrears of pension by pensioners who fail to draw their pension.- (1) Unless otherwise provided in these Regulations, a pensioner who fails to draw his pension for a period of twelve months shall be struck off the pension establishment.

(2) if he thereafter prefers a claims to draw his pension, he may be readmitted to the pension establishment, if he accounts for such failure to the satisfaction of the competent authority which may depending on the circumstances of the case, grant or withhold the arrears of pension or any portion thereof.

Section 3 - Sailors and their families

205. Claims for initial grant, revision and re-assessment of pension or allowance or for gratuity.-(1) Subject to the provisions of sub-regulation (2), claims for the first grant, revision and re-assessment of pensions or allowance or gratuity shall be dealt with as follows:

Claims preferred after twelve months from the date on which they fall due shall be entertained, if otherwise such claims are in order, with arrears as specified below :

Provided that where a pending enquiry award is under issue, the date of commencement of pension shall be the date from which the pending enquiry award was sanctioned.

Explanation. - Doubtful cases, as also cases in which the grant of arrears for periods in excess of the periods referred to above is considered to be justified in the special circumstances of the case shall be referred by the pension sanctioning authority to the Central Government for orders.

(2) Claims for family pension preferred by claimants who are disqualified under these regulations shall not be entertained.

(3) The provision of this regulation shall apply to claims for transfer of family pension and increase of children's allowance.

Explanation. - In regard to claim for transfer of family pension to the widow under regulation 130, the period of twelve months shall reckon from the date on which intimation regarding the death of disqualification of the recipient of the family pension is received by the Captain Naval Barracks, Bombay from the Controller of Defence Accounts (pensions) or from any other source.

(4) In cases of death of individuals who are invalided out of service and who die prior to the settlement of their disability pension claims, the time-limit of twelve months under regulation 202 and sub-regulation (1) of this regulation for the purpose of special family pension claims shall be reckoned from the date of the pension payment order in which the award of disability pension is notified.

(5)(i) Claims to gratuity preferred after twelve months but within three years of the date on which they fall due shall be admitted in full by the Controller of Defence Accounts (Pensions) or Controller of Defence Accounts (Navy), as the case may be: Provided that claims preferred after three years but within five years of such date may, where the explanation for the delay is satisfactory be admitted in full by the said authority.

(ii) Claims not covered by clause (i) shall be submitted for orders of the Central Government.

206. Claims for counting former service for pension and gratuity.- All claims for counting former service for pension submitted by the Captain, Naval Barracks, if otherwise in order, shall be admitted by the Controller of Defence Accounts (Navy). In cases, however, where the delay in preferring a claim exceeds twelve months from the date when the pension fell due, the claim shall be admitted in full by the Controller of Defence Accounts (Navy) and a report of the late submission of the claim shall be made by him to his next superior authority for such action as may be deemed necessary by the latter.
207. Claims to arrears of pension or gratuity.- (1) Claims to arrears of pension preferred within a period of twelve months of the date from which it became due and payable shall be entertained and may be paid by the pension disbursing officer, if such claims are otherwise in order. Such claims preferred after twelve months but within three years of such date shall be entertained and may be paid by the competent authority if it is satisfied with the claimant's explanation for the delay in drawing the pension.

(2) If after the expiry of three years no explanation has been received of the cause of a pensioner failing to draw his pension, his name shall be struck off the pension establishment. If he thereafter prefers a claim to draw his pension he maybe readmitted to the pension establishment if he accounts for his failure to draw the pension, to the satisfaction of the competent authority. The authority shall, depending on the circumstances of the case grant or withhold the arrears of the pension or any portion thereof.

(3) In case of claims to gratuity already admitted but where the payment thereof has not been made, the Controller of Defence Accounts (Pensions) or the Controller of Defence Accounts (Navy), as the case may be, may sanction its payment depending on the circumstances of the case, if an application therefor is submitted by the claimant within five years from the date on which the claim originally fell due.

Cases 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 by the said Controller for orders of the Central Government.

CHAPTER VI

Recoveries And Over Payments

208. Recovery of public claim, non-public fund debts or claims from pension.- (1) Subject to the provisions of sub-regulation (2), a public claim against a pensioner, non-public fund debt due from him or a non-public fun claim which the Central Government may direct him to pay, shall be recoverable from his pension, gratuity or commuted value of pension.

(2) A public claim or non-public fund debt, shall not be recovered from the disability pension of an officer or sailor, except under the special orders of the Central Government.

[(3) A public claim against a sailor, a non-public fund debt due from him or non-public fund claim which the Central Government may direct to be recovered shall be recoverable from the gratuity admissible to him widow under regulation 142.]

209. Mode of recovery of public claims (other than over payments of pensions), non-public debts or claims.- Public claims, other than those on account of overpayment of pensions, non-public fund debts an non-public fund claims which the Central Government directs any person to pay, shall be adjusted as under

(i) Retirements on account of excess issues of pay and unauthorised expenditure, stoppages other than those awarded under the Act, the value of losses and all other claims for which Central Government holds any person liable, shall be recovered in monthly instalments of one-third of pension until the full claim is satisfied.

The competent authority may, if it is satisfied that there are reasonable grounds for such a course, which must be recorded in writing, relax this regulation and order recoveries to be made in smaller amounts which in no case shall exceed twelve instalments in number.

(ii) in the case of public claims other than those specified in clause (i), and non-public fund debts which are not disputed, the Commanding officer/Captain Naval Barracks of the person against whom the claim is made or from whom the debt is due may order the recovery of the amount from his pension in such instalments as the Commanding Officer/Captain Naval Barracks considers reasonable.

(iii) In the case of a non-public fund debt where the person from whom it is due disputes the correctness of the amount or repudiates his liability, such debt becomes a non-public fund claim and shall be recovered only under the orders of the Central Government.

Explanation. - Non-public fund debt means any debt arising out of dues recoverable from the person towards :

(a) Loan granted from any Non-public Funds (vi. I.N.B.A./Command Benevolent Funds).

(b) Suscription and other dues in respect of any Non-Public Fund (viz. I.N. Amenities Fund /Contributory Education Scheme)

(c) Purchases made on credit from Canteens.

(d) Mess/Wine Bills.

(e) Loss incurred by the person of any money or stores, belonging to any Non-Public Fund entrusted to him (viz. Library Books/Sports equipment etc.).

(f) Deficiency or irregular expenditure of Non-Public Fund money or stores of which, after due investigation, no explanation satisfactory to the Chief of Naval Staff, is given by the person who is responsible for the same.

(iv) The mode of recovery from disability pension shall be determined by Central Government in each individual case.

(v) If any person is eligible for a gratuity in lieu of 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.

210. Over payments of pension.- (1) Overpayment of pension in India due to an error in law (including those due to misinterpretation of any of these regulations) shall not be recovered, but shall be reported by the Controller of Defence Accounts (Pensions) to the Central Government through the Controller General of Defence Accounts.

Any case in which there is a doubt or a difference of opinion between the Controller of Defence Accounts (Pensions) and the competent authority as to whether the overpayment was due to an error in law, or due to misinterpretation of any of these regulations, shall be submitted to the Central Government through the Controller General of Defence Accounts for orders.

Cases of overpayment in such circumstances outside India shall be reported by the Controller of Defence Accounts (pensions) to the Central Government through the Controller General of Defence Accounts for orders.

(2) Overpayment of pension due to any other reason (including those involving fraud) shall be dealt with as follows :

(i) Those challenged in audit within twelve months from the date of payment.- If a pension is payable, further payments shall be made at the correct rate and the overpayment recovered in instalments of one-third of the pension. If the circumstances leading to overpayment disclose fraud on the part of the recipient, and in the opinion of the Controller of Defence Accounts (Pensions) warrant the stoppage of the pension in full or recovery of over payments in instalments of more than one third of the pension, a report shall be submitted (through the Controller General of Defence Accounts in cases of pensions drawn outside India) to the competent authority, who shall decide each case on its merits and communicate their decision to the Controller of Defence Accounts (Pensions). Further adjustment as may be necessary shall be carried out by the Controller of Defence Accounts (Pensions) on receipt of such orders.

If no pension is admissible, 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.

(ii) Those not challenged in audit within twelve months from the date of payment (including those where payments were made partly within twelve months and partly on a date or dates more than twelve months anterior to the date of challenge). - If a pension is payable, further payments shall be made at the correct rate and a report of the circumstances leading to the overpayment shall be submitted by the Controller of Defence Accounts (Pensions) (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 of 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 by the Controller of Defence Accounts (Pensions) (through the Controller General of Defence Accounts in cases of pensions drawn outside India) to the competent authority.

(3) Action to be taken by the competent authority. - On receipt of the reports specified in clauses (i) and (ii) of sub-regulation (2) the competent authority shall for reasons to be recorded in writing decide, subject to the provisions of clause (ii), whether the whole or any portion of the overpayment shall be recovered or written off or in cases involving fraud or misconduct whether 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 regulation shall be adjusted against the overpayment to the extent necessary.

(ii) In cases of pensions drawn in India, over payments made during the twelve months preceding the date of challenge in audit shall not be written off unless it is impossible to effect recovery.

(4) 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 specified in the orders. If no pension is payable, the method of recovery shall be decided by the competent authority [in consultation with the Controller of Defence Accounts (Pensions) in the cases of pensions drawn in India.]

[211. Powers of the Controller of Defence Accounts (Pensions) and the officers of his establishment to write off over-payment of pension and to waive audit objections. - (1) Over payments of pension not due to an error in law (including misinterpretation of regulations and orders) which are, from any cause, irrecoverable 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 rupees two hundred and fifty in each case.

(2) In order to save time and trouble over relatively 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 satisfied that, having regard to the facts of the case, it is in the best interests of the Central Government to do so, waive any audit objection on the payment of pension up to a limit of rupees one hundred and twenty-five in each case, brief reasons being recorded of the circumstances which, in his opinion, justify the waiver. Similarly the Joint Controller of Defence accounts (Pensions) may waive an audit objection upto a limit of rupees seventy five in each case. A Deputy Controller of Defence Accounts (Pensions) may exercise the same powers upto a limit of rupees fifty and an Assistant Controller of Defence Accounts (Pensions) or a gazetted officer in charge of a section, up to a limit of rupees twenty-five in similar circumstances.

(3) In cases where the whole or any portion of the expenditure although not unjustifiable in itself, is not exactly covered by rule or the authority for the expenditure is insufficient or full proof that it has been incurred has not been provided such as an absence of one or more sub-vouchers, the Controller of Defence Accounts (Pensions), or the joint Controller of Defence Accounts (Pensions) if in independent charge, may waive an audit objection upto a limit of rupees two hundred and fifty 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, 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, he is of opinion that undue trouble would be caused if the submission of the full proof of the expenditure having been incurred were insisted on, and he sees no reason to doubt that the payment has actually been made.]

212. Over payments 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 Defence Accounts 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.

[212-A. Recovery of disability pension from a pensioner who is re-employed or re-enrolled without disclosing his invalidation.-

Any payment of the disability pension made after the date of re-employment or re-enrolment, to a pensioner who is re-employed or re-enrolled without disclosing that he was invalided out of service shall be recovered as under :]

(a) if he is on effective list, from his pay and allowances; and

(b) if he is non effective, from the fresh award of disability pension, if any, sanctioned on the termination of his re-employment or re-enrolment.

213. Overpayments in India on account of erroneous grant of more than one family pension.- Overpayments made consequent on the erroneous grant of more than one family pension to the same pensioner may be written off by the competent authority provided that it is established that the overpayments were made in good faith and that there has been no attempt to defraud.
214. Overpayments resulting from false certificates of widowhood or non-marriage-recovery from pension.- (1) Overpayments of pension obtained by female pensioners on presentation of false certificates of continued widowhood shall, irrespective of the amount involved be referred by the Controller of Defence Accounts (Pensions) to the competent authority for orders as to the manner in which the sum fraudulently drawn by the alleged widow shall be recovered, where the false certificate has been signed by any person receiving pension under these regulations, from such pension, unless that pensioner can offer a satisfactory explanation provided that the sum so recovered every month shall not exceed 1/3 of the monthly pension of that pensioner.

(2) The provisions of sub-regulation (1) shall also apply mutatis mutandis to overpayments of pension made to female pensioners who submit false non-marriage certificates.

Explanation. - Signing the certificate in ignorance of the widow's remarriage shall not be accepted as satisfactory explanation for the purpose of this regulation.

CHAPTER VII

Procedure For Commutation Of Pensions-[***]

[Section 1-Officers]

215. Age of commutation.- The age for purpose of commutation shall be calculated on the basis of the date of birth indicated in the audited Navy Lists. Where, however, the date of birth has not been verified in audit, the case shall be submitted by the Naval Headquarters for orders of the Central Government.
216. Submission of application and arrangement for medical examination.-(1) An application for commutation of a portion of pension shall be in the prescribed form (see Appendix VIII) and be made

(i) if in India, to the Chief of the Naval Staff through the Controller of Defence Accounts (Pensions); and

[(ii) if outside India, to the Secretary to the Government of India, in the Ministry of Defence through the Indian Mission concerned and the Controller of Defence Accounts (Pensions).]

(2) The application shall be made so as to reach the Chief of the Naval Staff, at least one month before the date on which the applicant will attain the age specified in the application. Such applications from officers residing outside India should reach the Central Government at least three months before the date on which the applicant will attain such age.

(3) The commuted value payable shall be assessed by the Controller of Defence Accounts (Pensions) and intimated to the Chief of the Naval Staff 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.

(4) if the applicant is residing in India, the Chief of the Naval Staff shall arrange a medical board at any station in India that may be convenient to him, such board being assembled under the orders of the State Government or Administration and presided over, when practicable, by the chief civil administrative medical officer of the State or Administration. In cases where difficulty may arise in the assembly of a civil medical board, the Chief of the Naval Staff may convene a suitable service medical board for the purpose.

(5) The pensioner shall at the same time be informed of the date on which he should present himself for examination by a medical board, which in no case, shall be earlier than the actual date of retirement. The pensioner shall have the option of withdrawing his application at any time before the date fixed for examination by the medical board.

[(6) 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 by the Mission.]

217. Medical board's fees.- By whom borne -[1]Civil medical board.- (1) If the examination is conducted by a civil medical board in India, the pensioner shall pay a fee of Rupees sixteen one-fourth of which, shall be credited to the Central Government as revenue of the civil department concerned and the balance shall be paid by the pensioner in cash to the Board at the time of the medical examination to the retained and divided by the members of the board among themselves.

(ii) The authority competent to convene the civil medical board shall, when sending intimation to the pensioner, direct him to deposit Rupees four, into the civil treasury or the Reserve Bank of India, or its agencies carrying on treasury functions for the time being on behalf of the Central Government and to hand over the receipt along with the balance of Rupees twelve, in cash to the board at the time of examination. The above authority shall also direct the board to forward the receipt and the medical certificate to the civil audit officer concerned and the Controller of Defence Accounts (Pensions) respectively.

(2) Services medical board. - No fee shall be payable by the pensioner in respect of his first examination when he is examined by the services medical board.

[3) 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 Indian Mission in that country.]

218. Form of medical board report.- (a) The medical board shall report in the following form:

"We have carefully examined .................and are of the opinion that he is/ he is not in good bodily health and has/has not the prospect of an average duration of life. We therefore (or do not) recommend him to be allowed to commute a portion of his pension.

Form of declaration in respect of health and fitness etc. of the individual duly completed in our presence is also attached;"

(b) In the case of impaired lives in which officer's application is recommended, but with an addition of years of age, the following form shall be used by the Medical Board:

"We have carefully examined ................and are of the opinion that he is not in good bodily health and has not the prospect of an average duration of life. We, however, recommend him to be allowed to commute a portion of his pension, but as he is suffering from .................his age for the purposes of commutation i.e. his age next birthday, should be taken to be ...............years more than his actual age.

Form of declaration in respect of health and fitness etc. of the individual duly completed in our presence is also attached."

219. Payment of commuted value.- (1) (i) If the board reports that the pensioner has an average expectation of life, the commuted value already notified to the officer shall be paid in the manner indicated by him on his form of application.

(ii) in cases where an addition to his age is recommended, the pensioner shall be informed by the Controller of Defence Accounts (Pensions) by registered post and with acknowledgment due of the board's recommendation and of the commuted value payable in view thereof.

(iii) That applicant may withdraw his application by written notice to the Controller of Defence Accounts (Pensions) despatched within two weeks from the date on which he receives intimation of the revised sum payable on commutation. If the applicant does not withdraw in writing his application within the said period, he shall be presumed to have accepted the sum offered.

[(2) The capitalised value shall be paid as under :]

(i) Pensioners residing in India as well as those residing outside India who have not been permitted to draw their pension outside India-The capitalised value shall be payable in India but pensioners residing outside India shall 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.

(3) Payment of commuted value shall be made as expeditiously as possible but in the case of an impaired life, no payment shall be made until either the period within which the application for commutation may be withdrawn has expired, or a written acceptance of commutation is received.

(4) If any commuted portion of pension has been drawn after the date on which the commutation became absolute, the amount drawn shall be deducted from the amount payable on commutation.

(5) If the pensioner dies on or after the day on which commutation became absolute, but before receiving the commuted value, the value shall be paid to his legal heirs.

220. Reopening of rejected applications for commutation and payment of fees for the medical examination by a second medical board.- (1) A pensioner whose application to commute a portion of his pension has been rejected on the recommendation of a medical board, or who has once declined to accept commutation on the basis of an addition of years to his actual age recommended by a medical board, may prefer an appeal to the Naval Headquarters and that authority may if it thinks fit, permit him to appear for a re-examination by a medical board, provided that a period of not less than one year has elapsed since the date on which he was examined by the first medical board. In such cases the provisions of clause (1) of regulation 217 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, 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).

(2) If in the opinion of the medical board 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 expense.

221. Recovery of public claims from the commuted value.- Before the commuted value 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 such claim from the sum which would, but for the claim, be payable to him.

[222. Commutation of anticipatory or provisional pension-Officers - 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 final 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) shall have to be called for twice. A fresh sanction of the competent authority for the difference of the commuted value, that is the maximum value accrued minus value commuted provisionally shall be necessary. In such cases, commutation as finally sanctioned shall also take effect from the date of original commutation of the anticipatory or provisional pension and the amount of residual pension shall also be re-adjusted from the same date.]

Section 2-Sailors. including the Master Chief Petty Officers granted honorary commissions and Short Service Commissioned Officers (ex-sailors)

223. Age for commutation.- (1) the following documents in original shall be accepted as proof of the date of birth for the purpose of commutation, namely :-

(i) the Matriculation Certificate or the Secondary School Leaving Certificate, or a Certificate recognised by an Indian university as equivalent to Matriculation, or

(ii) Municipal birth certificate or an extract from the Municipal birth register, duly certified by the proper authority, or

(iii) 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 examinations.

(2) Where the documentary evidence as required by sub-regulation (1) is not available, the date of birth shall be verified with reference to the assessed apparent age given in the enrolment form. For purposes of calculating the date of birth in such cases, it shall be assumed that the individual has completed the assessed apparent age on the date of enrolment e.g. if a person has been enrolled on the first August nineteen hundred and thirty-seven and if on that date his age is assessed as seventeen years, his date of birth shall be taken as the first August nineteen hundred and twenty. In cases in which the year and month in which the individual is born are known but not the actual date, the latter shall be taken as the sixteenth of the month.

Explanation. - A pensioner may submit any of the documents mentioned above as a proof of his age without certifying the non-availability of other proof of higher inter se priority.

224. Submission of application- (1) An individual desirous of commuting a portion of his pension shall apply in Form 28 specified in Appendix VIII, 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 other is to be loosely attached to the form), as under :

(i) if he is still in service or has retired but his pension has not yet been sanctioned, he shall apply to the Controller of Defence Accounts (Pensions) through the Commodore Naval Barracks ;

(ii) in the case of pensioners residing outside India, the procedure for submission of application and arrangements for medical examination shall be as laid down in regulation 216.

(iii) if he is receipt of a pension, he shall apply to the Controller of Defence Accounts (Pensions), through the pension Disbursing officer concerned who shall, while forwarding the application to the Controller of Defence Accounts (Pensions) complete portion 'B' in Part I of the said Form and also furnish information on the point whether the pension in issue is without any encumbrance.

(2) In order to ensure that payment is made at the rate shown for the specified age, it is necessary that application to commute pension must reach the office of the Controller of Defence Accounts (Pensions) at least two months before the applicant shall attain such age.

225. Action by the Controller of Defence Accounts (pensions) on receipt of application for commutation of pension.- On receipt of an application for commutation of pension, the Controller of Defence Accounts (Pensions), shall inform the individual of the commuted value which shall 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 the Controller of Defence Accounts (Pension)'s letter and if the application for commutation has been made in advance of the date of retirement or discharge, within three months of that date, but in no case, earlier than the actual date of the 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 specified in the sanctioning order. If the applicant does not appear for the medical examination before the specified medical authority within the specified period, the Controller of Defence Accounts (Pensions), may at his discretion renew administrative sanction for a further period of three months without obtaining a fresh application for commutation of pension. Cases, where the applicant is medically examined by the Controller of Defence Accounts (Pensions), Allahabad, on merits and administrative sanction shall be renewed further only if he is satisfied that the application is not to blame for the delay.
226. Payment of Capitalised Value.- (1) 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.

(2) Impaired life - In case, an addition to his age is recommended, the pensioner shall be informed by registered post with acknowledgement due, of the medical authority's recommendation and the commuted value payable in lieu thereof. The sum offered shall be paid if the applicant does not withdraw in writing his application within a period of fourteen days from the date on which the receives intimation of the revised sum payable on commutation.

(3) Verification of signatures of the individual - While authorising payment of commuted value, the Controller of Defence Accounts (Pensions) shall forward to the Pension Disbursing officer Form 30 specified in Appendix VIII containing the signatures taken in the presence of the medical authority with instructions that they should be verified with those received with the Pension Payment Order.

(4) Payment on the death of pensioner before receiving commuted value of pension. - If a pensioner dies on or after the ate on which the commutation became absolute but before receiving the commuted value, its value shall be paid to his legal heirs.

(5) Overdrawal of commuted portion - If the commuted portion of the portion of the pension has been drawn after the date on which the commutation became absolute, the amount drawn shall be deducted from the amount payable on commutation.

(6) Payment of commuted value in or outside India - Payment of the commuted value in India or outside India shall be regulated in the manner specified in sub-regulation (2) of regulation 219.

(7) Cancellation of sanction - The Controller of Defence Accounts (Pension) may cancel the sanction at any time before payment is actually made, if the applicant makes any statement found to be false within his knowledge or wilfully suppresses any material fact in answer to any question, written or oral, put to him in connection with his medical examination.

227. Competent Medical Authority.- (1) The medical authority competent to examine an applicant for commutation of an amount of pension which, together with the amount previously commuted, exceeds rupees twenty five per month shall be a civil medical board if such a board can be arranged to meet at a station reasonably near to the applicant's residence within the period specified by the sanctioning authority. Failing this, a reviewing board shall constitute a medical board which shall either be the standing medical board at the head quarters of the civil administration or the senior medical officer of the administration and a medical officer nominated by him of status not lower than that of civil surgeon. Such an authority shall review the medical report on the health and expectation of life of the pensioner made by the civil surgeon or district medical officer of the area in which the applicant is ordinarily resident at the time he applies for commutation. After calling for any information as it thinks fit from the examining officer, it shall pass final orders.

(2) In the case of an applicant who applies for commutation of an amount of pension which, together with the amount or amounts previously commuted, is rupees twenty-five or less, the competent medical authority shall be the medical officer not below the status of a civil surgeon or district medical officer of the area in which the applicant is ordinarily resident.

(3) Where it is not possible to arrange medical examination by either of the authorities mentioned in sub-regulation (1) or sub-regulation (2), the Controller of Defence Accounts (Pensions) may arrange examination of the applicant by a Services medical board.

(4) (a) if the applicant is a person residing in Nepal and drawing a pension through the Indian Embassy in Nepal, the competent medical authority shall be the medical officer of the Indian Embassy in Nepal. To avoid inconvenience the medial examination of an applicant who is resident of Nepal may be carried out at the Central Coordination Board Hospital in Nepal or the Check Post Hospital at Dhankutta. In such cases the medical report shall be reviewed by the medical officer of the Indian Embassy, Nepal, if the commuted amount exceeds rupees twenty five per month;

Provided that if the medical officer of Check Post Hospital at Dhankutta happens to be a Government employee, the report of the medical examination carried out by him shall not be subject to such review.

(b) Hospitals where pensioners residing in Nepal may go for medical examination are as under :

1. Military Hospital, Kunraghat.
2. Military Hospital, Lebong.
3. Embassy Hospital, Kathmandu.

Central Co-ordination Board Institution

4. Western Zone Hospital, Pokhra.
5. District Soldiers' Board Hospital, Syangja, No. 4 West.
6. District Soldiers' Board Hospital, Gulmi (Tamgas).
7. District Soldiers' Board Hospital, Piuthan (West Nepal).
8. District Soldiers' Board Hospital, Bhojpur (East Nepal).
9. District Soldiers' Board Hospital, Terathum (East Nepal).
10. Check Post Hospital, Dhankutta (East Nepal).

(5) It shall be permissible for a Gorkha sailor whose home is in Nepal and who is due to be transferred to the pension establishment to apply for the commutation of his pension if he so desires, shortly before the actual date of his discharge. In such a case, his medical examination may be carried out, before he leaves his Ship or Establishment or discharge, at the Service Hospital of the Station at which the Ship or Establishment is located.

228. Procedure to be followed in Controller of Defence Accounts (Pension)'s Office- On receipt of the application for commutation of pension as prescribed in Part I of Form 28 specified in Appendix VIII duly completed by the applicant, the Controller of Defence Accounts (Pensions) shall complete Part II of the said form and forward it in original to the Chief Administrative Medical Officer concerned, together with a copy of Form 30 specified in Appendix VIII and an extra copy of Part III of that form for arranging medical examination. Copies of the previous medical reports or statements of case should also be forwarded along with the above forms, in cases where the applicant has been granted invalid pension, or has previously commuted any portion of his pension (or declined to accept commutation) on the basis of an addition of years to his actual age, or has been refused commutation on medical grounds. Simultaneously, the Controller of Defence Accounts (Pensions) shall forward to the applicant Form 29 specified in Appendix VIII, duly completer together with a copy of the said Form 30, Part I of which shall be filled in by the applicant before his medical examination and handed over to the competent authority.
229. Procedure to be followed by the medical authority.- (1) The medical authority, after obtaining from the applicant a statement in Part I of Form 30 specified in Appendix VIII (which must be signed in its presence), shall subject him to a strict examination, enter the results in Part II of the said Form 30 and records its opinion as to the accuracy with which the pensioner has answered the questions prescribed in Part I thereof regarding his medical history and habits. It shall also complete the certificate contained in Part III of the said Form 30 and obtain signature of the pensioner or his thumb and finger impressions if he is unable to sign the forms.

(2) 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 medical case shall be duly considered by the certifying medical authority before the certificate in Part III of Form 30 specified in Appendix VIII is signed.

(3) The ultimate medical authority shall without delay forward the completed Forms 28 and 30 specified in Appendix VIII in original to the Controller of Defence Accounts (Pensions), and a certified copy of Part III of the said Form 30 to the applicant.

230. Medical Examination fees and opening of rejected applications for commutation- (1) If the examination is conducted by a single medical officer, the applicant shall himself pay the medical officer's prescribed fee of rupees sixteen, out of which rupees twelve in cash shall be retained by the medical officer concerned and the remaining rupees four shall be credited to the Central Government. If he is originally examined by the civil medical board he shall pay a fee of rupees four into a Government treasury and make over the receipt for the fee to the board before the examination together with an additional fee of rupees twelve to be retained and divided by the members of the board among themselves. If the pensioner is examined by a Service board, no fee shall be paid by him in respect of his first examination.

(2) A pensioner, after he has been refused commutation on medical ground or after he has once declined to accept commutation on the basis of an addition of year or years to his actual age, may apply for a second medical examination at his own expense, if at least one year has elapsed since his first medical examination. Such a re-examination shall invariably be made by a medical board. If the re-examination is carried out by a Service medical board, the Government share of the fee, viz, rupees four shall be credited to the defence Services Estimates, and the receipt together with the medical certificate shall be forwarded to the Controller of Defence Accounts (Pensions).

(3) 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 shall be given by the Central Government irrespective of the result of examination.

(4) In the case of pensioners residing outside India the procedure shall be as laid down in sub-regulation (3) of regulation 217.

231. Recovery of public claims from the commuted value.- Before the commuted value is paid, the Controller of Defence Accounts (Pensions), shall ascertain whether any public claim is outstanding against the applicant, and deduct the amount of such claim from the lump sum which would but for the claim be payable to him. Where an over-payment is in the process of recovery from the pension, the overpaid amount remaining unadjusted at the time of commutation shall be recovered in one lump sum from the commuted value payable.
232. Commutation of anticipatory or provisional pension.- An 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 to commute such percentage or fraction of his anticipatory or provisional pension shall, in the event of his final pension being more than his anticipatory or 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 shall also take effect from the date of the original commutation of the anticipatory or provisional pension and the amount of residual pension shall also be re-adjusted from the same date.]

Appendix I

[See Regulation 2(e)]

Appendix II

[See Regulation 2(k)]

Appendix III

(See Regulation 20)

Qualifying Service For Pension-Officers Of The General List

The following periods of service qualify for pension:

(1) Commissioned service. - Period of service as a permanent commissioned officer and, if it is preceded without a break, by service of one or more of the following categories subject to the refund to Government of the gratuity, if any, other than war gratuity, received in respect of such service namely-

(a) Service as commissioned officer in the Army, Indian Navy or Air Force, irrespective of the type of commission;

(b) Mobilised commissioned service in the Indian Naval Reserve/Indian Naval Volunteer Reserve or called up service as an officer of the late Army in India Reserve of officers or called up commissioned service in the Indian Air Force Volunteer Reserve;

(c) Embodied or called out commissioned service as an officer of the late Indian Territorial Force or of the late Auxiliary Force (India) or of the Territorial Army [or the Auxiliary Air Force]

Provided that-

(a) any service which was forfeited for seniority, and

(b) any period of unauthorised absence unless pay and allowances are admitted for the period of absence shall not be regarded as qualifying service;

(2) Service as Branch List Officer and pre-commissioned service. - (a) All the periods of qualifying service as :

(i) An officer of the Branch List in the regular cadre including such service as Warrant officer or Commissioned Warrant Officer, mobilised service in the reserve (including service rendered on T-124 X agreement), or service as a short service commissioned officer of the Branch List, if followed by permanent commissioned service without a break ;

(ii) Junior Commissioned Officer or Warrant Officer, Class I, of the Army or Warrant Officer or Master Warrant Officer of the Air Force (including service rendered during World War II and continuously thereafter), immediately followed by commissioned service;

(b) [Two-thirds] of the period of qualifying service, including the period of service rendered during World War II and continuously thereafter, in any ranks below that of:

(i) Brach List Officer of the Indian Navy;

(ii) Junior Commissioned Officer or Warrant Officer Class I of the Army or Warrant Officer of the Air Force; immediately followed by commissioned service direct or service as a junior Commissioned officer or Warrant Officer Class I of the Army or Branch List Officer of the Indian Navy or Warrant Officer of the Indian Navy or Warrant Officer of the Air Force which in turn is immediately followed by commissioned service;

Explanation. - The provisions of this clause are applicable subject to the gratuity, if any, other than war gratuity, received in respect of such service being refunded to the Government;

(3) All periods of leave, excluding, in the absence of specific authorization by the Central Government, the period of leave without pay;

(4) (a) In the case of an officer who is not brought to trial or who emerges from a court martial with results favourable to him, the whole period of suspension; and

(b) in other cases, such period of suspension, if any, as is ordered by the Central Government to so qualify;

(5) (a) Service under the Central Government or a State Government;

(b) Service under a foreign Government or a local body or an autonomous Corporation or a Municipality or other institution, provided that a pension contribution is paid to the Central Government by the officer or, if under the general or special arrangement the borrowing authority is to bear the contribution then by such authority;

[(6) (i) in the case of officers who are granted commission after the 1st July, 1966, any period of former continuous civil service/non combatant (Enrolled) service (including service governed by the Civil Service Regulations as checker, store-keeper, artificer, draughtsman, in the late Indian Army Clerical Corps, Army Ordnance Corps, Army Supply Corps) in a temporary or permanent capacity followed by commissioned service without a break to the extent indicated below:]

(a) all pensionable gazetted class I or class II civil service, in full;

(b) all pensionable non-gazetted civil service rendered in an appointment, the initial pay of which is Rs. 200 per month or more, in full;

(c) all pensionable non-gazetted civil service rendered in an appointment, the initial pay of which is less than Rs. 200 per month, 2/3rd.

(ii) in the case of officers serving on the 1st July, 1966, their previous civil service shall be assessed either under sub-clause (i) or to the extent as indicated below, whichever is more beneficial:

(a) all pensionable gazetted service, in full;

(b) all pensionable non-gazetted service rendered in a substantive capacity in a permanent appointment, the initial pay of which is Rs. 80 per month or more (Rs. 130 per month in respect of civil service rendered under the Central Government in the revised scales as introduced with effect from the 1st July 1959 or under a State Government after revision of scale of pay by merger of dearness allowance), in full;

(c) all pensionable non-gazetted service rendered in a substantive capacity in a permanent appointment, the initial pay of which is less than Rs. 80,00 per month (less than Rs. 130 per month in respect of civil service rendered under the Central Government in the revised scales as introduced with effect from the 1st July, 1959 or under a State Government after revision of scale of pay by merger of dearness allowance), in half.

Explanation. - For purposes of pension under the New Pension Code, officers who complete a total of fifteen years' commissioned service qualifying for pension but whose total qualifying service (including civil service permitted to count for Naval Pension) is less than twenty years, shall be treated as 'late entrants', provided that they otherwise fulfil other conditions prescribed for becoming eligible for a late entrant's pension.

(iii) The former pensionable civil service shall count, towards retiring gratuity to the following extent:

(a) Under the New Pension Code.-Such pensionable civil service, as counts in full for naval pension under clause (ii) above.

(b) Under the Old Pension Code-No portion of civil service shall count.

(iv) The counting of the civil service shall be subject to the following conditions :

(a) no pension or gratuity had been drawn in respect of the civil service;

(b) either the officer has rendered a total of ten years commissioned service qualifying for pension/gratuity or at least half the total qualifying service has been rendered as a commissioned officer.

Explanation 1. - The conditions stipulated in item (b) shall not apply in the case of officers who are invalided from the service.

Explanation 2. - In the case of officers having temporary civil service only and who did not retain a lien on their civil appointments, the period of joining time and pre-commissioned training as cadet shall not be treated as a break, but it shall not count for pension or gratuity.

Explanation 3. - The limit of initial pay of Rs. 200 mentioned above will be subject to revision as and when civilian scales of pay undergo a major revision.

(7) Any other period of service to the extent and subject to the conditions specified in this behalf by the Central Government.

Qualifying Service For Pension-Officers Of The Branch List

The following periods of service qualify for pension:

(1) Period of service as an officer of the Branch List in a regular cadre including such service as a Warrant Officer or Commissioned Warrant Officer, and full pay mobilised service in the reserve (including service rendered on T-124 X agreement), or service as a short service commissioned officer of the Branch List, if followed by permanent commissioned service in the Branch List without a break;

Provided that-

(a) (i) any service which was forfeited for seniority; and

(ii) any period of unauthorised absence unless pay and allowances are admitted for the period of absence, shall not be regarded as qualifying service; and

(b) any gratuity, other than war gratuity received in respect of such service is refunded to the Government;

(2) Pro-commissioned service. - (a) Period of service as a junior Commissioned Officer or Warrant Officer Class I of the Army or Warrant Officer/Master Warrant Officer of the Air Force.

All qualifying service as a junior Commissioned Officer or Warrant officer, Class I of the Army or Warrant Officer or Master Warrant officer of the Air Force (including service rendered continuously during World War II, and thereafter) immediately followed by commissioned service as a Branch List Officer;

(b) One-half of the period of qualifying service including service rendered continuously during World War II and thereafter, in the ranks below that of

(i) Branch List Officer of the Indian Navy;

(ii) Junior Commissioned Officer/Warrant Officer Class I of the Army or Warrant Officer of the Air Force, immediately followed by commissioned -service as a Branch List Officer or by service as a junior Commissioned Officer, Warrant Officer Class I of the Army or Warrant officer of the Air Force;

(3) All periods of leave, excluding in the absence of specific authorization by the Central Government, the period of leave without pay;

(4) (a) In the case of an officer who is not brought to trial or, who emerges from court martial with results favourable to him, the whole period of suspension;

(b) In all other cases such period of suspension, if any, as is decided by the Central Government to so qualify;

(5) (a) Period of service under the Central Government or a State Government,

(b) Period of service under a foreign state or a local body or an autonomous Corporation or a Municipality or other institution, provided that a pension contribution is paid to the Central Government by the Officer himself or under general or special arrangement the borrowing authority is to bear contribution by such authority;

(6) Any period of pensionable civilian service to the extent to which it is permitted to qualify for pension as a commissioned officer of the Branch List under any general or specific orders of the Central Government;

(7) Any other period of service to the extent and subject to the conditions specified in this behalf by the Central Government.

Appendix IV

(See Regulation 22)

Reckoning Of Paid Acting Rank For Purposes Of Retiring Pension

(1) An officer holding permanent commission who retires from service and becomes eligible for a pension, shall have his pension assessed with reference to a standard rate of retiring pension of Rupees Six hundred and twenty only per mensem for a standard period of qualifying service for 24 years, provided-

(a) he has held the substantive rank of Lieut-Commander for at least two years more than the minimum period of service required to be served in that substantive rank in order to be eligible for promotion to the substantive rank of Commander under the promotion rules in force at the time of his retirement.

[(b) He has been found fit in all respects for promotion to the substantive rank of Commander but has not been so promoted owing to insufficiency of vacancies in the substantive cadre.]

(c) he retires with the paid acting rank of Commander after holding that rank for an aggregate period of not less than four years, of which not less than three years shall be continuous.

Explanation 1. - For purposes of clause (a) the required period of service in the substantive rank of Lieut-Commander will commence from the effective date from which substantive promotion to such rank has been notified in the gazette.

Explanation (2). - For purposes of clause (c)-

(i) an officer will be deemed to have retired with the paid acting rank of Commander if his reversion to substantive rank immediately prior to retirement is solely on account of the commencement of the furlough portion of his leave pending retirement or his invalidation out of service.

The period subsequent to reversion to substantive rank will not, however, be taken into account in reckoning the necessary service limits.

(ii) Any paid acting rank held by the officer higher than that of Commander will be equated to that paid acting rank.

(iii) An officer will be deemed to have held paid acting rank continuously in cases where an interruption of continuity is afterwards cancelled by a retrospective restoration of the paid acting rank by competent authority in accordance with the rules regulating retention of such rank.

(2) An officer who retires in the substantive rank of Commander but has held that rank substantively for less than two years will also be eligible for the pensionary benefit mentioned above subject to the fulfilment of conditions (a) and (c) above. For the purpose of calculating the necessary service-limits under clause (c) of para 1 above, the period during which the officer held the rank of Commander in a substantive capacity will also be taken into account.

(3) In all other respects, the pensionary entitlement of an officer to whom this Appendix applies, will be regulated by these Regulations.

Appendix V

(See Regulations 43, 101, 109)

Nature, Assessment And Attributability Of Disability And Entitlement To Disability Pension

Entitlement Rules

1. (a) The entitlement rules set out below apply in cases where the disablement or death, on which the claim to casualty pensionary award is based, takes place on or after the 1st April, 1948. These rules apply to all personnel who are governed by these Regulations for the Indian Navy.

(b) These rules do not apply to an individual whose continuous service commenced from a date prior to the 1st April, 1948, in so far as his disablement or the cause of his death, can be regarded as attributable to or aggravated by his service during the period 3rd September, 1939 to the 31st March, 1948.

2. Invalidment from service is a necessary condition for the grant of disability pension. An individual who at the time of his release under the Release Regulations is in a lower medical category than that in which he was recruited will be treated as invalided from service. Sailors who are placed permanently in a medical category other than 'A' and are discharged because no alternative employment suitable to their low medical category can be provided as well as those who having been retained in alternative employment but are discharged before the completion of their engagement will be deemed to have been invalided out of service.
3. Disablement or death shall be accepted as due to naval service provided it is certified that :-(a) the disablement is due to a wound, injury or disease which-

(i) is attributable to Naval service;

(ii) existed before or arose during naval service and has been and remains aggravated thereby;

(b) the death was due to or hastened by :

(i) a wound, injury or disease which was attributable to naval service; or

(ii) the aggravation by naval service of a wound, injury or disease which existed before or arose during naval service.

[Explanation. - This regulation also covers cases of death after discharge or invaliding from service.]

[Note.-This rule also covers cases of death after discharge/ invaliding from service.]

4. There must be a causal connection between disablement [or death]and naval service for attributability or aggravation to be conceded.
5. In deciding on the issue of entitlement all the evidence, both direct and circumstantial, will be taken into account and the benefit of reasonable doubt will be given to the claimant. This benefit will be given more liberally to the claimant in field service cases.
6. Post-discharge claims- Cases in which a disease did not actually lead to the member's discharge from service but arose within seven years thereafter, may be recognised as attributable to service if it can be established medically that the disability is a delayed manifestation of a pathological process set in motion by service conditions obtaining prior to discharge and that if the disability had been manifest at the time of discharge the individual would have been invalided out of service on this account. In cases where an individual in receipt of a disability pension dises at home and it cannot, from a strictly medical point of view, be definitely established that the death was solely due to the disablement in respect of which the disability pension was granted-

(a) the benefit of the doubt in determining attributability would go to the family of the deceased if death occurs within seven years from the date of his invalidment from service, unless there are other factors adversely affecting the claim; and

(b) if death takes place more than seven years after the date of man's invalidment from service, the benefit of doubt will go to the State.

In cases where an individual outlives a normal span of life, that is, where death takes place at the age of sixty or above, the death should be held to be due to normal causes and not to naval service.

[Note. - Death of disability pensioner whose disablement has been accepted on the basis of aggravation may also be accepted as due to Naval service under Rule 3(b)

(ii) above if the last assessment of disablement was 50 percent or above. If the last accepted assessment of disablement was less than 50 per cent, death should not be regarded as due to service.

The above procedure will apply when death is established as due to the disability in respect of which disability pension was granted. If this is not the case, the identification of the cause of death with the invaliding disability will first be determined in accordance with the provisions of this rule. If the identity can be conceded thereunder, the procedure in the proceeding sub-paragraph will be followed for determining the further point whether entitlement to special family pension can be conceded in a case where an invaliding disability was aggravated by service.

[Explanation. - Death of a disability pensioner whose disablement has been accepted on the basis of aggravation may also be accepted as due to naval service under paragraph 3(b) (ii) above if the last assessment of disablement was 50 per cent or above. If the last accepted assessment of disablement was less than 50 per cent, death should not be regarded as due to service.]

The above procedure will apply when death is established as due to the disability in respect of which disability pension was granted. if this is not the case, the identification of the cause of death with the invaliding disability will first be determined in accordance with the provisions of this paragraph. If the identity can be conceded thereunder, the procedure in the preceding sub-paragraph will be followed for determining the further point whether entitlement to special family pension can be conceded in a case where an invaliding disability was aggravated by service.

7. In respect of accidents the following rules will be observed :

(a) Injuries sustained when the man is on duty will be deemed to have arisen in or resulted from Navy service unless they were self-inflicted or due to serious negligence or misconduct in which cases the question of withholding the pension in full/ in part will be considered.

(b) A person subject to the disciplinary Code of the Armed Forces is "on duty" during the period of time when he is in the course of performance of an official task the failure to do which would constitute an offence triable under the Disciplinary Code applicable to him. The course of performance of a task includes the journey or transport by a reasonable route from one's quarters to and back from the appointed place of duty under organised arrangements.

(c) A person is also deemed to be "on duty" during the period of participation in recreation, organised or permitted by Service authorities and of travelling in a body or singly under organised arrangements. A person is also considered to be "on duty" when proceeding to his leave station or returning from his leave station at public expense.

(d) An accident which occurs when a man is not strictly "on duty" as defined may also be attributable to Service, provided that it is not an accident which can be attributed to risk common to human existence in modern conditions in India, unless such risk is definitely enhanced in kind or degree by the nature, conditions, obligations or incidents of the person's service. Thus, for instance, where a person is killed or injured by another party by reason of belonging to the Armed Forces, he shall be deemed "on duty" at the relevant time.

This benefit will be given more liberally to the claimant in cases occurring during the time when the person, subject to the Navy Law.

(i) is attached to, or forms part of a force which is engaged in operations against an enemy, or

(ii) is engaged in naval operations in, or is proceeding to, the seas in the neighbourhood of a country or place wholly or partly occupied by an enemy, or

(iii) is attached to or forms part of a force which is in military occupation of a foreign country.

Explanation 1. - (a) Personnel of thormed Forces participating in

(i) local/national/international sports tournaments as members of Service teams, or

(ii) mountaineering expeditions /gliding organised by the Service authorities, with the approval of Government will be deemed to be "on duty" for purposes of these regulations;

(b) personnel of the Armed Forces participating in the above-mentioned sports tournaments or in privately organised mountaineering expeditions or indulging in gliding as a hobby, in their individual capacity, will not be deemed to be "on duty" for purposes of these regulations, even though prior permission of the competent Service authorities may have been obtained by them;

(c) injuries sustained by personnel of the Armed Forces in impromptu games and sports outside parade hours, which are organised by, or with the approval of, the local Service authority and death arising from such injuries, will continue to be regarded as having occurred while "on duty" for purposes of these regulations.

Explanation 2. - The personnel of the Armed Forces deputed for training at courses conducted by the Himalayan Mountaineering Institute, Darjeeling, shall be treated on par with personnel attending other authorised professional courses or exercises for the Defence Services for the purpose of the grant of disability/ family pensions on account of disability/death sustained during the courses.

8. In respect of diseases, the following rules will be observed :

(a) Cases, in which it is established that conditions of naval service did not determine or contribute to the onset of the disease but influenced the subsequent course of the disease, will fall for acceptance on the basis of aggravation.

(b) A disease which has led to an individual's discharge or death will ordinarily be deemed to have arisen in service if no note of it was made at the time of the individual's acceptance for naval service. However, if medical opinion holds, for reasons to be stated, that the disease could not have been detected on medical examination prior to acceptance for service the disease will not be deemed to have arisen during service.

(c) If a disease is accepted as having arisen in service, it must also be established that the conditions of naval service determined or contributed to the onset of the disease and that the conditions were due to the circumstances of duty in naval service.

(d) In considering whether a particular disease is due to naval service, it is necessary to relate the established facts, in the aetiology of the disease, and of its normal development, to the effect that conditions of service, for example, exposure, stress, climate, etc., may have had on its manifestation. Regard must also be had to the time factor. (Also see classification of diseases at the end of this Appendix.)

(i) Common diseases known to be affected by exposure to weather. - Diseases such as Bronchitis, Rheumatism and Nephritis indeed most diseases of the respiratory system, joints and kidneys are affected by climatic conditions. The period and the conditions of service at any particular place should be taken into account in determining causal connection with service.

(ii) Common diseases known to be affected by stress and strain. - This should be decided with due reference to the nature of the duties an individual has had to perform in naval service. It may be that in some cases the individual had been engaged on sedentary duties when they will normally not qualify.

(iii) Diseases endemic to certain areas. - Diseases such as Malaria, Kalazar, Filariasis, Dysentery, Cholera, etc., are endemic in certain areas. These diseases may also be introduced by movements of infected persons. In determining causal connection with service it will have to be established that the conditions of naval service exposed the individual to the infection as a result of which he contracted the disease. Where there is medical evidence of the contraction of the diseases either prior to entry into service, or while off duty or on leave or desertion or unauthorised absence, etc., attributability should not be accepted unless the disease occurs within the incubation period.

(iv) Diseases due to infections in service. - Entitlement to pension will be admitted if the exposure to infection arose from the circumstances of the member's service.

(v) Diseases known to be affected by dietary compulsions. - The compulsions of service would also cover such cases as gastric disorders, for example, gastritis, gastric and duodenal ulcers, where it is established that the member was unable to follow a dietary regime required for his condition. The effect of service in such cases will be limited essentially to the question of aggravation of a pre-existing constitutional condition. This will not normally apply to individuals in sedentary occupation.

(vi) Diseases which run their course independently or external circumstances. - There are certain diseases which would have run the same course whether the individual had been in the Forces or not, for example, leukaemia, Hodgkin's disease, etc. [see classification of diseases, sub paragraph (E) at the end of this Appendix]. Such cases will not be accepted as aggravated by service unless it is clear that owing to exigencies of service the man did not receive treatment of a satisfactory character and standard or such treatment was so delayed as to be less effective than it would have been.

(1) Venereal disease will normally be rejected but a sequela of the disease may sometimes be accepted as aggravated by service. In the case of such disease contracted during service, grounds for acceptance will rarely be found unless the member after treatment had returned to full duty and had been subjected to such strain as would produce one of the after effects of the disease sooner than would have normally been the case. The strain must have been of an exceptional nature.

(2) In the case of disease contracted before service if the member had reached an age when such a manifestation could be accepted, entitlement will not be conceded. On the other hand, if the later manifestation had been produced or hastened by the strain of service in which case there should be evidence that the strain was of an exceptional nature, entitlement may be considered on the basis of aggravation.

(3) In the case of disease due to heredity, entitlement must be determined as in para (2) above.

(4) The above refers only to late manifestations or sequela of venereal disease as Neuro-Syphilis or Cardio-vascular Syphilis.

(viii) Invalidation on account of indulgence in drugs or drinks.-Entitlement shall not be conceded if the disability or death on which the claim is based, resulted from indulgence in drugs or drinks which was within one's own control.

9. Unforeseen effects of service medical treatment.

(a) Where unforeseen complications arise as a result of treatment (including operative treatment) given for the purpose of rendering a member fit for service duties, any disablement resulting will normally be accepted as attributable to service.

(b) Where the treatment is given for other reasons, the position regarding any unforeseen complications differs according as the condition which necessitated treatment was or was not, either attributable to or aggravated by service. If it was so attributable or aggravated, any disablement resulting from the treatment will normally be accepted as attributable to service. if it was not, no responsibility will be accepted for the additional disablement unless neglect, delay, faulty technique or lack of reasonable skill can be held responsible for the untoward out come, or the exigencies of service before, during or after the treatment can be held to have caused or aggravated the condition.

(c) The above considerations apply whether the treatment is given in a service hospital or under service arrangements in any other hospital but will not apply if the treatment is undertaken under private arrangement by an individual.

10. Assessment.

(a) The assessment of a disability is the estimate of the degree of disablement it causes, which can properly be ascribed to service as defined below.

(b) The disablement properly referable to service will be assessed as under:

(i) At the time of discharge from the forces.-Normally the whole of the disablement then caused by the disability. This rule will apply irrespective of whether the disability is actually attributable to service, or is merely aggravated thereby. In the latter event, part of the disablement on discharge may have been present before service and/or may have been brought about by the natural progress of the disability during service. But as it is impossible, for so long as the strain and stress of service continues, to apportion quantitatively the effects of service and non-service factors, the entire disablement at the time of discharge will be taken into account. For example :

(1) Where a person who had a partially disabled hand sustains injury to the same hand which renders it less useful than before or a person with an impaired foot injures the other as a result of service thus increasing his defect in locomotion, or

(2) Where a person gives history of cough and cold prior to enrolment and is invalided out of service for Chronic Bronchitis held to be aggravated by service, pension will be admissible for the total disablement.

(ii) On resurvey of disability after discharge from the service. - The whole of the disablement then caused by the disability, less the following:

(1) The part due to non-service factors, such as individual habits, occupation in civil life, accident after discharge, climate environment after discharge.

(2) Any worsening due to the natural progress of the disability since discharge apart from the effects of service.

Deduction (1) will be made in all cases; while deduction (2) above will apply only in cases where the disability is accepted as aggravated by, but not attributable to service. (c) In cases accepted as aggravated by service, although a percentage of disablement, equal to more than twenty per cent may be assessed on medical resurvey, after discharge from service, in accordance with sub-paragraph (b)(ii)(2) above, disability pension will cease to be payable as soon as the effects of the aggravation by service have passed away, for example, where a person with disease, for example, Fibrositis, Bronchitis, Eczema, etc., held to be aggravated by service is invalided out and on resurvey is found by the Medical Board to have been restored (a) to his pre-service condition or (b) the condition in which he may have been normally at that time even if he had not joined the forces, aggravation by service will be deemed to have passed away.

[(d) Paired Organs-

(i) Paired organs, namely eyes, ears, arms and legs shall be considered together, where disablement due to service occurs in one of a pair of organs, assessment on discharge will be made with reference to the diminution of the functional capacity of the organs working together. Therefore, assessment will include functional defect of the pair of organs.

(ii) Subject to the exceptions specified below, any subsequent increase in the non-service disablement and non-service disablement arising after discharge whether due to injury or disease will be excluded from the assessment.

(iii) Cases arise in which at the time of discharge there is damage by service to only one of the paired organs namely eyes, ears, arms (including hands) and legs (including feet) and the other is, either normal or impaired in a minor degree. Where the disablement acceptable under clause (ii) and the disablement of the other limb or organ are together assessable at any subsequent date at 100 per cent, the assessment for pension purposes will be increased by one half of the difference between the current assessment and 100 per cent. For instance a pensioner receiving an award at 40 per cent rate for the loss of an eye who later loses the sight of his other eye through a non-service cause, will have his award increased to 70 per cent rate; and a pensioner with an award at 80 per cent for a gunshot found of an arm who later develops severe arthritis of his other arm, thereby being 100 per cent disabled, will qualify for a revised award at 90 per cent rate. Where the combined disablement of the pair of organs is less than 100 per cent, but is more than twice as serious as the disablement acceptable under clause (ii), the assessment will be increased to one half of the combined disablement. if, for example, a pensioner with an award at 30 per cent rate for the loss of vision of one eye partially loses the sight of the other eye through a non-service cause the defective vision of both eyes together is assessable at 80 per cent, his award will be increased to 40 per cent rate.

(iv) The provisions of the preceding clause are applicable even where the second of a pair of organs has been disabled by some generalised disability (e.g. rheumate arthritis) which would have also disabled the first of the pair if it had not been lost or damaged as the result of service.]

(e) Composite assessments. - Where there are two or more disabilities due to service, compensation will be based on the composite assessment of the degree of disablement. Generally speaking, when separate disabilities have entirely different functional effects, the composite assessment will be the arithmetical sum of their separate assessments. But where the functional effects of the disabilities overlap, the composite assessment will be reduced in proportion to the degree of overlapping.

(f) Nil disablement. - Where although a definite disability is or has been in evidence, the Medical Board consider that any disablement resulting therefrom has ceased or has become so small as not to admit of assessable compensation, the assessment will be expressed as "nil disablement".

(g) Where the disability due to service has no connection with the pre-existing disability, as for example, a person who had lost a finger prior to enlistment, loses a great toe by service, compensation will be restricted to the loss of the great toe only.

Classification of Diseases referred to in paragraph 8 of Appendix V

1. Diseases affected by climatic conditions.

pulmonary Tuberculosis.

Pulmonary tuberculosis with pleural effusion.

Tuberculosis-Non-pulmonary.

Bronchitis.

Pleurisy, empyema, lung abscess and Bronchiectasis.

Lobar pneumonia.

Nephritis (acute and chronic).

Otitis Media.

Rheumatism-acute.

Rheumatism-chronic.

Arthritis.

Myalgia.

lumbago.

1. Diseases affected by stress and strain.

Psychosis and psychoneurosis.

Hyperpiesia.

Pulmonary Tuberculosis.

Pulmonary Tuberculosis with pleural effusion.

Tuberculosis-Non-pulmonary.

Mitral Stenosis.

Pericarditis and adherent pericardium.

Endo-carditis.

Sub-acute bacterial endo-carditis, including infective endo-carditis

Myocarditis-acute or chronic.

Valvular disease.

1. Diseases affected by dietary compulsions.

Diseases of stomach and deodenum.

Gastritis.

Gastric ulcer.

Duodenal ulcer.

Nutritional Disorders.

1. Diseases affected by training, marching, etc.

Varicose veins.

Hernia

Internal derangement of knee joint.

Deformities of feet.

1. Diseases not normally affected by service.

malignant diseases ; Cancer and Carcinoma.

Sarcoma (except in cases of sarcoma or bone with a history of injury, due to

service, on the site of development of the growth).

Epithelioma.

Rodent ulcer

Lymphosarcoma

Lymphadenoma (Hodgkin's disease).

Leukaemia.

Pernicious anaemia (Addison's anaemia).

Osteitis deformana (Paget's disease).

Gout.

Acromegaly.

Cirrhosis of the liver-if alcoholic.

EYES

Errors of refraction.

Hypermetropia.

Myopia.

Acromegaly.

Preshyopia Glaucoma-acute or chronic, unless there is a history of injury due to service or of disease of the eye due to service.

Appendix VI

(See Regulation 44)

Rules Governing The Payment Of Constant Attendance Allowance

[Applicable to cases where the disability for which Constant Attendance Allowance is payable is attributable to or aggravated by service rendered in the Indian Navy from the 1st April, 1948 in the case of Commissioned Officers (from the 15th August, 1947 in the case of those Commissioned Officers who joined the service on or after that date) and from the 1st April, 1946 in the case of Branch List Officers and Sailors.]

Payment of Constant Attendance Allowance shall be made in arrears along with disability pension proper. Payment will be made on the basis of-

(a) a certificate as in Form I in the case of sailors, and

(b) a declaration by the pensioner as in Form II in other cases, which shall be submitted to the pension disbursing officer each time the allowance is drawn.

Form I

Certificate for purposes of drawing constant attendance allowance

(Not to be treated as Life Certificate)

Name of Pensioner .......................................................

Address :

Village .......................................................

Tehsil .......................................................

District etc. .......................................................

Official No ........................................................

Rank ....................................................................

Ship or Establishment .......................................................

Pension Circular/Pension Payment Order No ................Serial No...................

Rate of Constant Attendance Allowance....................................

Particulars of any period spent as an inmate or an in-patient of a Government

hospital or institution, since the allowance was last drawn.

(a) Date of admission to hospital or institution.................................

(b) Date of discharge from hospital or institution...............................

(c) Address of hospital or institution.............................................

Certificate

Certified from my personal knowledge of the pensioner described that the particulars given on this form are correct, and that during the period, viz .....................for which Constant Attendance Allowance is now claimed-

(a) The pensioner was not an inmate or in-patient of a Government hospital or institution;

(b) he had no relatives to look after him properly; and

(c) he actually employed Shri ...............son of Shri.........................as a paid constant attendant to look after him, such attendance having been necessitated by the disability /disabilities for which he is drawing the disability pension. To the best of my knowledge and belief Shri ...........................is not related to the pensioner.

Signature .................................

Designation ..............................

Full Address .............................

Date .........................................

Explanation 1. - This certificate should be submitted to the pension disbursing officer each time the allowance is drawn.

2. The certificate will be signed by a responsible Government officer or by some other well-known and trustworthy person, for example, a junior Commissioned Officer, a Sub-Inspector of police, a Sub-Postmaster drawing not less than Rupees fifty per month, a tehsildar, a village headman, a pattipatwari (in the case of Garhwali pensioners resident in Kumaon), or the head of the village panchayat, who is personally acquainted with the pensioner.

[In case of Gorkha pensioners residing in Nepal, the certificate may also be signed /countersigned by the Recruiting Officer/Deputy Recruiting Officer/Assistant Recruiting Officer for Gorkhas and Military Attache /Assistant Military Attache/ Assistant Air Attache to the Indian Embassy in Nepal.]

Form II

Declaration for purposes of drawing Constant Attendance Allowance

Explanation. - Any person wilfully making a false declaration is liable to

prosecution.

Name of Pensioner ...................................................

Address .............................................................

Rank ................................................................

Ship or Establishment ...............................................

Pension Circular/Pension Payment Order No ..................Serial No.................

Disability/ disabilities for which pension is in issue...............................

Rate of Constant Attendance Allowance ................................................

Particulars of any period spent as an in-mate or an in-patient of a Government

hospital or institution since the allowance was last drawn-

(a) Date of admission in hospital or institution....................

(b) Date of discharge from hospital or institution..................

(c) Address of hospital or institution .........................

Declaration

I hereby declare that I am the pensioner described above, that the particulars given on this form are true, and that for the period viz ................ to.................... for which Constant Attendance Allowance is not claimed-

given on this form are true, and that for the period viz ................ to.................... for which Constant Attendance Allowance is not claimed

(a) I was not an in-mate or an in-patient of a Government hospital or institution;

(b) I had no relatives to look after me properly; and

(c) I actually employed Shri .................son of Shri ................as a paid attendant to look after me, such attendance having been necessitated by the disability/disabilities for which I am drawing the disability pension.

Shri ............................is not related to me in any way.

I further declare that I understand that I am not entitled to receive Constant Attendance Allowance for any period during which any of the foregoing conditions is not fulfilled.

Pensioner's signature ....................................

Date ................................................

Explanation. - This form should be forwarded to the pension disbursing officer each time the allowance is drawn.

Appendix VII

(See Regulation 104)

Criteria for deciding whether an individual's refusal to undergo medical treatment or an operation for his disability attributable to or aggravated by military service, is reasonable or unreasonable.

1. Refusal to undergo medical treatment or an operation shall be held to be reasonable:

(a) when, in the opinion of the medical authorities, it is improbable that such treatment or operation would cure the disability or reduce its percentage or where such treatment or operation may be severe and dangerous to life; or,

(b) when, in the opinion of the Commanding Officer, Ship/ Establishment to undergo the operation or the treatment prescribed, is opposed to religious or caste prejudices of a valid nature and the refusal is the bona fide outcome of such prejudices.

2. Refusal to undergo medical treatment or an operation shall be held to be unreasonable:

(a) when, in the opinion of the medical authorities, it is due to malingering; or,

(b) when, in the opinion of the Commanding Officer, Ship/Establishment, it is due to a desire to avoid further service or to obtain or retain a pension or to receive an enhanced pension.

3. If in the opinion of the Commanding Officer, Ship/Establishment, the individual, has grounds not covered by the above paragraphs for refusing medical or.

Appendix VIII

(See Regulation 162)

Form I

(Afmsf 16)

Confidential

Medical Board proceedings invaliding all ranks

Part I

Personal Statement

(The questions should be answered in the individual's own words. This statement will be checked from official records as far as possible.)

1. Give particulars of previous service in ARMY/NAVY/AIR FORCE and state whether you were invalided out of service.
2. Give particulars of any diseases, wounds or injuries, from which you are suffering.

3. Did you suffer from any disability mentioned in question 2 or anything like it before joining the Armed Forces ? If so give details and dates.
4. Give details of any incidents during your service which you think caused or made your disability worse.
5. In case of wound or injury, state how they happened and whether or not (a) Medical Board or Court of Inquiry was held (b) Injury Report was submitted.
6. Any other information you wish to give about your health.

I certify that I have answered as fully as possible all the questions about my service and personal history and that the information given is true to the best of my knowledge.

Signature of Witness.............. Signature........................... Official No ............ Rank .............. Date ........................

(In case of illiterate persons thumb and fingers impressions of left hand will be taken here.)

Part II

Statement of Case

(Not to be communicated to the individual)

2. Clinical detail-

Note. - (a) Give the salient facts of

(i) Personal and relevant family history.

(ii) Specialist report and

(iii) Treatment.

(b) State present condition in detail.

(c) In this statement and in answering question in Part III the board will differentiate carefully between the individual's statement and the evidence recorded in the medical documents.

Confidential

Part III

Opinion of the Medical Board

(Not to be communicated to the individual)

NOTE : Clear and decisive answers should be filled in by the board. Expressions such as 'might', 'may', 'probably' should be avoided.

1. Did the disability/ less exist before entering service ?
2. (a) In respect of each disability the medical Board on the evidence before it will express its views as to whether :

(i) it is attributable to service during peace or under field service conditions; or

(ii) it has been aggravated thereby and remains so; or

(iii) it is not connected with service.

The board should state fully the reasons in regard to each disability on which its opinion is based.

(b) In respect of each disability shown as attributable under A, the board should state fully, the specific condition and period in service which caused the disability.

(c) In respect of each disability shown as aggravated under B, the board should state fully:

(i) The specific condition and period in service which aggravated the disability.

(ii) Whether the effects of such aggravation still persist.

(iii) If the answer to (ii) is in the affirmative, whether effect of aggravation will persist for a material period.

(d) in the case of a disability under C, the board should state what exactly in their opinion is the cause thereof.

Confidential

3. (a) Was the disability attributable to the individual's own negligence or mis-conduct? If so, in what way?

(b) If not attributable, was it aggravated by negligence or misconduct? if so, in what way and to what percentage of the total disablement?

(c) Has the individual refused to undergo operation/treatment? If so, individual's reasons will be recorded.

Note.-In case of refusal of operation/treatment a certificate from the individual will be attached.

(d) Has the effect of refusal been explained to and fully understood by him/her, viz., a reduction in, or the entire withholding of, any disability pension to which he/she might otherwise be entitled?

(e) Do the medical board consider it probable that the operation/treatment would have cured the disability or reduced its percentage?

(f) If the reply to (e) is in affirmative, what is the probable percentage to which the disablement could be reduced by operation/treatment?

(g) Do the medical board consider the operation to be severe and dangerous to life?

(h) Do the medical board consider the individual's refusal to submit to operation/treatment reasonable? Give reasons in support of the opinion, specifying the operation/treatment recommended.

4. What is present degree of disablement as compared with a healthy person of the same age and sex? Percentage will be expressed as Nil or as follows-

(1.5%, 6-10%,11-14%,15-19% and thereafter in multiples of ten from 20 per cent to 100 per cent).

5. Is the individual in need of further treatment and, if so, of what nature and for how long is it likely to be required?
6. Does the individual require an attendant? If so, (i) whole or part time; (ii) permanently or temporarily; (iii) if temporarily for how long.

Signature President ........................................

[*]( .........................................

Signature Member ...............................................

[*]( .........................................

Signature Member ...............................................

[*]( ..........................................)

Place ............................................

Date .............................................

Confidential

Approving Authority

Signature ..............................................

[*]( ....................................................)

Designation ........................................

Place ...................................................

Date .....................................................

Confirming Authority

Signature ..............................................

[*]( ......................................................)

Designation ..........................................

Place ...................................................

Date .....................................................

Accepting Authority

Signature ..............................................

[*]( ....................................................)

Designation ..............................................

Place ...................................................

Date ......................................................

Confidential

Part IV

Roll of Sailors

Proposed to be invalided

In cases of disabilities due to accidents, Captain, Naval Barracks, Bombay or the 'Commanding Officer Ship /Establishment should certify here

(a) Whether the disability was sustained according to the information available while the individual affected was in actual performance of Ministry/Naval/Air Force duty and, if so, what was the nature of such duty; and (b) whether in his opinion, the disability was attributable to

underlying his opinion as regards attributability.

Certified that ...................................will be discharged with effect from.................................................I consider the man's refusal to undergo operation/[Date shown at item 13 above to be entered] treatment to be reasonable/ unreasonable for the following reasons :

Designation .................................

Captain, Naval Barracks, Bombay/Commanding Officer, Ship/ Establishment

Station ....................................

Dated ....................................19

NOTE.-1. Audit Officers will bring to the notice of the competent authority any abnormal delay between the date on which the Board Proceedings are countersigned by the ADMS Army/DMS (Navy)/DMS (Air) and the date on which the man is discharged by the Officer-in-charge Record Office. In cases where a Gorkha Rank, whose home is in Nepal is found unfit for further service by a Medical Board and the proceedings are signed by the ADMS after 15th June, the Captain, Naval Barracks, Bombay, will record in the above certificate that the man will be retained with his unit until 15th September, and disclaimed with effect from that date.

2. The Captain, Naval Barracks, Bombay, will specify the date of discharge before the claim to pension is submitted to the Audit Officer concerned.

I certify that the particulars given are correct as far as can be ascertained from records of the Regiment/Corps/Ship/Establishment/Air Force and recommend that .....................................pension admissible under rules may be sanctioned.

Designation .......................................

Station

Date

Commanding Officer/ Captain, Naval Barracks, Bombay.

For Use In The Defence Accounts Department

Instructions

Part IV will be completed only when it is proposed to invalid a Sailor.

2. Items 13 to 16 and 20 and the Certificate, shown above, will be completed by the Officer-in-Charge, Record office, after receipt of medical Board Proceedings but before the submission of the pension claim to the CDA(P).
3. In the case of I.N.Sailors, three copies of this form (duly completed) will be submitted by the Commanding Officer Ship/Establishment, to Hospital/Sick Bay where the Medical Board is to be held.
4. Claims to Disability Pension should invariably be accompanied by (a) Form 21 (AFMSF-81) in cases of disablement on account of disease, and (b) Form 3 (IAFY 2006) and proceedings of Court of Inquiry where held, in case of disablement on account of wound or injury.
5. Claims for Invalid/ Disability Pension, supported in each case by the Sheet Rank/Rating (in pencil)...............Ship/Establishment (in pencil)...............

Form 2

(AFMS1)

Confidential

File Number

Service :-NAVY

Name (in full) .......................................... No............................................................................. Rank/Rating (in pencil) ..................Ship/Establishment (in pencil).............................Branch ................................

TABLE I-List of Enclosures

TABLE II-Issue/Repair of Surgical Appliances and Spectacles/Dentures.

Confidential

Form 3

(IAFY 2006)

Report on Accidental and Self-inflicted injuries

(See Instructions on pages 244 and 245)

1. Declaration by the injured person

I ....................................................................hereby declare that the injury sustained by [Number, rank, name and Ship/Establishment] ...............

Naval duty.

(Signature of the Medical Officer before whom the declaration is made)

Date ........................................

(Signature of the injured person)

Station .....................................

Date .......................................

2. Nature, location and severity of injury.

N.B. - Hospital to be notified at once if wound is believed to be self-inflicted.

(Signature of the Medical Officer)

3. Short statement of the circumstances of the case.

(Signed statements of witnesses giving a detailed account of the circumstances of the accident must be attached to this form. Plan or sketch of place of accident and how it occurred in cases of lorry, motor car or cycle accidents-(see instructions 5 & 7 on page 245.

4. Commanding Officer's opinion :

(a) (i) Was the individual in the course of performance of an official task or a task the failure to do which would constitute an offence triable under the disciplinary code applicable to him ? (Indicate the nature of the task, by whom it was ordered and when).

or

(ii) Did the accident occur during the journey or transport by a reasonable route under organised arrangements from the individual's quarter to or back from an appointed place of duty ? (Attach copies of standing instructions or other orders in support. If the journey or transport was officially organised, also a sketch showing the reasonable route from the individual's quarter to the place of duty).

or

(iii) Was the individual participating in recreation organised or permitted by service authorities ?

NOTE 1.-All Physical Training and exercises including Physical Training games carried out as par of a sailor's training during parade hours under a Physical Trainer or such other individual as may be deputed by the Commanding Officer are compulsory.

Confidential

Games and sports out of parade hours are not compulsory but if organised by, or with the approval of Naval Authority, will be regarded as Physical Training. Injuries sustained by officers and men (including boys and apprentices) taking part in such parades, games and sports or deaths arising from these injuries will be considered to have occurred while on duty.

NOTE 2.-In case of games and sports out of parade hours, attach copy of official orders to indicate that it was organised or permitted by competent authority.

or

(iv) Was the individual travelling either in a body or singly under organised arrangements ? (Attach copy of official orders to indicate that the arrangements were organised by competent authority). or

(v) Was the individual proceeding to his leave station or returning to duty from his leave station ? In either case, was the journey at public expense or was performed on concession voucher or at individual's own expense ?

[Give :

(1) the dates of commencement and termination of the period of leave;

(2) the name of the leave station; and

(3) particulars of the direct route from the place of duty to or from the leave station].

(b) Was the accident due wholly/ partially to:

(i) serious negligence [and/or

(ii) misconduct of the individual ? (Indicate the nature of the serious negligence or misconduct and the grounds on which the opinion is bases-see Instruction 10).

(c) Was any one else to blame for the accident?

(If so, indicate how and to what extent).

(d) Was the individual under the influence of intoxicating drink or drug at the material time

(e) Has any Court of Enquiry been held or will be held ? (If so, indicate the date and the place of the enquiry).

Station ............................Date.................

(Signature of the Commanding Officer)

5. Injury/Death [*]is/is not attributable to Naval Service.

Station ......................... Date.......................

(Signature of the Chief of Personnel

Or

Captain, Naval Barracks, Bombay).

Confidential

For Use On Field Service Only (Items 6-8)

To be completed in all field service cases where injuries are, or are suspected to be, self-inflicted.

6. To .....................Administrative Authority.

(a) Opinion of the Commanding Officer.

(b) Disciplinary action taken, or proposed whether against injured individual or another.

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

Commanding Officer, Ship/Establishment.

Decision of Administrative Authority

8. To

The Naval Headquarters [*]

The Captain, Naval Barracks, Bombay [**].

The casualty should be reported as ............................................

Administrative Authority.

Date .............................................

Note.-If the above authority decides that the casualty is to be reported as self-inflicted he should indicate how far he concurs in the opinions expressed above.

Instructions

1. This form will not be prepared in cases of accidents reported as "Battle Accidents" except when there is misconduct/ serious negligence or the injuries are due to self-inflicted wounds. It should be prepared in all other cases of accidental or self-inflicted injuries. Items 1-5 will be filled up in all cases. Items 6-8 will be completed in all field service cases where injuries are, or are suspected to be, self-inflicted.
2. The form will be completed and disposed of as follows:-

(a) Commissioned Officers and Cadets.

The form will be sent to the authorities maintaining the records of the Officer or to the Base Echelon of the Force concerned for disposal according to the instructions issued from time to time in respect of individuals on Field Service.

(b) Sailors.

In field service cases, the form will be sent to Base Echelon of the Force concerned for forwarding it to the Officer Commanding. Record Office concerned for attachment to other pension documents. In non-field service cases, the Commanding Officer, Ship/ Establishment will attach the form with other documents of the person concerned.

Confidential

3. This form is to be completed in every case of accidental or self-inflicted injury which involved absence from duty as well as injuries sustained while travelling on leave whether due to the individual's own act or to that of a comrade, or to other extraneous circumstances.
4. Where several casualties occur as the result of one accident, one form is to be completed for each individual. A copy of the set of the statements from the witnesses of the accident, will be attached to each form.
5. Full statements are to be taken by an officer from the witnesses of the accident (vide item 3 above). These statements will be signed by the witnesses making them and by the officer who takes them, and will be forwarded with this form. Where it is intended to take disciplinary action, duplicates of these statements should be retained by the unit for use in lieu of a summary evidence.
6. Where it is possible to obtain it, a statement from the injured person will also be forwarded. This, however, should not be used as evidence against him in any subsequent disciplinary proceedings.
7. In cases where there are no witnesses to an accident, statements from any person to whom the injured person may have mentioned his injury immediately after the occurrence should, when obtainable, be attached to this form.
8. In field service cases where the portion of item 6 regarding the decision cannot be completed by the appropriate authority owing to the exigencies of field service, the decision may be recorded by a senior officer of Army Headquarters.
9. If the circumstances in which the injury or wound was sustained indicate that a unit or other order was disregarded, a true copy of the order with the date of its last publication in unit orders, will be attached.

Special Instructions With Regard To Evidence In Cases Of Self Inflicted Wounds

10. In these cases the statement mentioned in Instructions No. 6 and 7 above should bring out all material points, e.g., statements to the effect that the witness was with the accused standing on the fire step (or sitting in a dug-out). That the accused was cleaning his rifle, position of safety catch, magazine, etc., if known, muzzle of rifle, on toe of foot and hand on muzzle; that accused pulled trigger; that the rifle was afterwards examined and an empty cartridge case was found in the chamber; that accused was seen to be wounded; that accused said, e.g., "I have shot myself", "I did not know it was loaded", etc.
11. An officer or sailor is specially trained in the safe use of his rifle and revolver, an evidence of any neglect of the ordinary precautions as to their handling in such cases usually has considerable bearing on the question of negligence. In cases of wilful self-wounding the fullest possible evidence inconclusive, this charge should not be used. The charge in respect of personnel subject to the Navy Act will, therefore, usually be laid under Navy Act Section 61(a) and an alternative charge to this effect should be made even if the accused is to be tried under Navy Act section 61(a) for wilful maiming.

Form 4

(MPB 501)

Application For Pension-Widow Of Officer

Please Note

A The issue of this form does not imply that you will be found eligible for pensions.

B When completed, the form should be sent with all available birth and marriage certificates to the Controller of Defence Accounts (Pensions), Draupadi Ghat, Allahabad. The decision on your claim will be communicated to you as soon as possible and the certificates returned.

C Before signing the Declaration please make sure that the questions have been answered correctly. (Dashes or ticks are not sufficient answers). This will save correspondence and delay. Please also note that this is an official document and that any person making a statement which she knows to be false is committing a legal offence.

PART I-Particulars relating to deceased officer

1. Surname(BLOCK LETTERS)...............Full name(BLOCK LETTERS).................
2. (a) Ship /Establishment ...................... (b) Rank..........................

(c) Date of birth .......................(d) Place of birth.....................

3. (To be answered only if death occurred after termination of service)

(a) Date of death ....................... (b) Place of death..................

Part II-Particulars of applicant

4. Surname (BLOCK LETTERS)..............Full name(BLOCK LETTERS)...................
5. Address in full .............................................

(6)(a) Date of birth .............(b) Date and place of Marriage .................

(BIRTH AND MARRIAGE CERTIFICATES TO BE ATTACHED-if available)

(b) Place of birth ..................................................

7. Were you living apart from your husband at the time of his death for any reason other than his employment with the Forces ? If "Yes" attach a statement of the circumstances ............................
8. (a) Particulars of children of the deceased officer under 18 years of age (see note overleaf) in respect of whom allowances are claimed.

(BIRTH CERTIFICATES TO BE ATTACHED-if available)

(b) Are all the children maintained by you?......................................

9. (a) Are you or any of your children in receipt of any pension or allowance? ................(If so, state the particulars thereof under Part III below)

(b) Have you applied for any pension or allowance (apart from the present application) or do you intend doing so .................................

If so, state to whom you have applied or intend to apply.......................

Part III-Particulars of any pension received by the deceased or the applicant or their Children

Declaration

(Place see Note C at page 246)

I HEREBY DECLARE that to the best of my knowledge and belief the answers to the questions on this form are true and complete and I claim pension on the basis of the facts set forth. I undertake to furnish any further particulars that may be required.

Witness to Signature, Ordinary Signature of Applicant

(Any Commissioned Officer of the Defence Services, not below the rank of Lieutenant of the Navy or equivalent rank.)

Address of Witness ........................

Date ....................................

State name of Treasury or Bank at which you desire pension should be made payable, if granted ........................................................

NOTE.-Where pecuniary circumstances require it an allowance may also be granted, under certain conditions, after the age of 18 for a child who is :

D(a) an apprentice (or in an analogous position) receiving no more than nominal wages; or

(b) being educated at a University, Technical School or Secondary School;or

(c) incapable of self-support by reason of mental or-physical infirmity which arose before it attained the age of 18 years.

If you wish to claim any such allowance you should attach a statement giving full particulars.

Form 5

(MPB 541)

Reference .........................................

Dear Sir/Madam,

With reference to your enquiry of the ..................................will you be good enough to furnish the information indicated below in respect of the child's education, and complete the enclosed form 13 (MPC-60).

Any allowance paid after the child reaches the age when allowances normally cease is temporary and exceptional and can be paid only so long as the necessary conditions are fulfilled.

Before signing the Declaration, please make sure that the question have been answered correctly, the word 'No' or 'None' being inserted where necessary. This will save correspondence and delay.

Yours faithfully,

Full name of deceased officer in respect of whom pension has been granted. .................................................

In the case of a deceased officer full name of widow or guardian...........................

Name of child .....................................

Date of birth of child..................

I hereby declare that the particulars above are to the best of my knowledge true and accurate, and I hereby make application for grant of extension of an allowance in respect of the above named child beyond the normal age limit on the ground that the child is being educated at a Secondary School, Technical Institute, Training College or University and that the child is incapable of self support by reason of mental or physical infirmity which arose before it attained the age of 18 years.

Signature ......................................

Date.............................................

Address.......................................................

Witness to Signature ................................................

(Any Commissioned officer of the Defence Services not below the rank of Lieutenant of the Navy of equivalent or Magistrate).

Address .............................................

Form 6

(MPAO-71-A)

Reference ...........................................................

Dear Sir/Madam,

Information is required in connection with an application for Education Allowance in respect of ........................................and it is requested you will be so good as to furnish information as indicated below.

Yours faithfully,

The Principal,

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

Form 7

(I.A.F.A. 805)

STATEMENT of the anticipated total annual income and means of the widow and children of (Full name of officer) ...............................................

Part I

Particulars of anticipated income and means for the period from 1st April 19 ........................to 31st March 19........................

Particulars Of Anticipated Charges On Income:

Ground Rent on .............................payable to................. ................................. Interest on Mortgage or Loan ......................Rs ...................at ...............%..............on........................... Annuities or other annual charges (if any) viz.,- payable to..................................

Total Anticipated Charges On Income

Total Anticipated Income And Means From All Sources Less Charges.

Part II

(Full name of applicant) I ..............................................do solemnly and sincerely declare that the foregoing is to the best of my knowledge and belief a correct statement of the whole of the income and means, from every source whatsoever expected to be received during the period from 1st April 19 ...............to 31st March 19.........by myself and by the children referred to, and that neither I nor they expect to have any other income or means during that year, either from my husband's estate, or from my or their own property, or from any other source.

And I undertake to refund to the Government of India such sums paid to me by way of widow's pension and/or children's compassionate allowances under the provisions of the Royal Warrant or Indian Army Regulations, or such part thereof as the Government of India may after consideration of the circumstances, at any time hereafter require me to refund, if the total income and means actually received by myself and the children referred to during the period from 1st April 19 ................. to 31st March 19 ..................(apart from the widow's pension and children's compassionate allowances for which I am now applying) should prove to be in excess of the figures shown in the statement in Part Ito such an extent as to renuer myself or my children ineligible in the opinion of the Central Government for the awards made.

And I make this solemn declaration, conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declaration Act, 1835.

Signature of Applicant ............................

Her Address ...............................................

[*]Declared and subscribed before me at ........... this...........day of................19.............

Magistrate for

Commissioner for Oaths

In the case of person resident abroad, this form may be declared before a British Diplomatic or Consular Officer, a Notary Public or other person competent by the local law to administer oaths.

Part III - Particulars of sources, etc., of income and means shown in Part 1.

Details of income shown under the various

Heads in Part I of this form :

Head (i)

Head (ii)

Head (iii)

Head (iv)

Head (v)

Head (vi)

Head (vii)

Head (viii)

Total Income and Means shown in Part I

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

Head III. - Profits of Trade Profession or Vocation. The amount to be entered should be the estimated assessment of the profit for income-tax purposes for the year in question.

Head IV. - Interest, Dividends, Annuities, etc. The gross amount should be entered, income-tax not being deducted, and dividends declared "free of tax" should be so shown. If you are unable to ascertain the correct amount to be added to a net dividend to arrive at the gross figure before deduction of tax the net amount may be inserted and marked "net".

Head V. - Ownership of Land and Houses. The net annual value of the property, as assessed to Income-tax, Schedule A, should be entered. if the annual value assessed is not known so state and give the best estimate you can.

Head VI. - Occupation of Land. The amount of the assessment to income-tax, Schedule B, should be entered, if this not known, so state and enter

(a) the amount of the annual value (inclusive of any title) where the lands are occupied wholly or mainly for husbandry, or

(b) one-third of such annual value where the lands are not so occupied. Head VII.-Other Profits and Income. An example of income to be entered under this head is the profit from letting a furnished house.

Form 8

(I.A.F.A.393)

(Part I-Death Certificate)

Part I

Death Certificate

For Sailors

Certified that Number ...............Rank............................... Name ................................. Ship/Establishment...................................... died/was killed/was killed in action ........................on the ................19 at.................. of [*]

Station ....................................

Date ..........................................

Signature and full designation of Medical Officer /Principal Medical Officer, Ship/Establishment.

NOTE.-This form will be completed and forwarded by the Commanding Officer, Ship/ Establishment concerned.

Form 8 (I.A.F.A.-393 Part II)

Confidential

(Certificate of Attributability)

Part II

Certificate Of Attributability

(For sailors in connection with death awards)

(For Instructions see page 254)

Certified that Number .............................Rank...............................

Name...........Ship/Establishment ...........died/was killed on the .................... 19............... at..................of [*]..................................................

The cause of death is/is not attributable [*] to or aggravated by military service for the following reasons :

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

Station ..............................................

Date ..................................................

Signature and full designation of Medical Officer /Principal Medical Officer, Ship/Establishment.

Station .............................

Date ................................

Fleet Medical Officer/Command Medical Officer

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

Command.

Station .................................. D.M.S.

Date .......................................

Instructions

This from will be completed by the Medical Officer/Principal Medical Officer or Field Medical Unit and will be disposed of as under:

(a) In cases of death at peace stations the form, after completion by the Medical Officer/Principal Medical Officer, Ship /Establishment will be forwarded to the deceased's Commanding Officer through Fleet Medical Officer/Command Medical Officer and D.M.S. Command concerned who will make the necessary endorsement.

(b) In cases of death on Field Service the form will be completed by the Medical Officer/ Principal Medical Officer, and forwarded to the deceased's Commanding Officer. Endorsement by the Fleet Medical Officer/Command Medical Officer D.M.S. Command is not required in these cases.

2. The Principles to be observed in determining attributability to or aggravated by military service of the cause of death are laid down in Appendix V.
3. As the grant of the pension or gratuity depends upon this certificate, greatest care should be taken to ensure the actual cause of death being correctly entered.
4. The medical officer who furnishes the death certificate will not express any opinion, except on purely medical grounds which should be clearly specified. The certificate will, however, be accompanied by the proceedings of the Court of Enquiry.
5. The opinion about attributability expressed by the Officer Commanding, Military Hospital on this form will, after concurrence by higher medical authority, be copied into the Medical History Sheet.
6. This form will NOT be rendered in cases of casualties reported as "killed in action or died of wounds sustained in action".

Form 8-A

Form Of Death Certificate In Cases Of Death After Discharge Or At Home While On Leave When The Deceased Was Treated By A Qualified Medical Practitioner

1. Name of the deceased.....................................................
2. Address...................................................................
3. Date of onset of the fatal disease................................................
4. Name, nature and symptoms of the disease...............................
5. Duration of Illness............................................................
6. Particulars of treatment received from the Medical Attendant ......................
7. Information (if known) regarding medical treatment received by the deceased since his discharge from service.....................................................
8. Time and date of death.........................................

Signature of the ......................................................

Medical Practitioner .................................................

Designation...................................................

Regd. No ..................................................

Place ......................................................

Date .........................................................

Form 8-B

Statement Of Claimant In Cases Of Death After Discharge Or At Home While On Leave When The Deceased Was Not Treated By A Qualified Medical Practitioner Statement Of Claimant

Statement of Shri/Smt ........................................................

Father/Mother/ Widow of Rank .............................................. No..................................

Name ......................of ....................................

Claimant for family/dependent pension ................................

1. Date and time of death.......................................................
2. Name of disease which caused death.........................................
3. Details of medical treatment received by the deceased since his discharge from service ............................................................
4. The disease causing death started on (here give the date, if known, otherwise

indicate the approximate month and year)

5. Signs and symptoms of disease causing death are given below.

(here give brief details like location and nature of pain, breathing difficulties, inflammations, stomach disorders, loss of consciousness, fever, etc. and any other peculiar symptoms.)

6. He was not treated by any medical practitioner as .............................. ................(here give reasons why no medical treatment was given)

Place ...........................................................................

Date ...........................................................................

Signature or thumb impression of the claimant

We certify that the above facts are known to us personally and that they are correct.

(i) Signature/Thumb Impression 1st witness (Name and Address)

(ii) Signature/Thumb Impression 2nd witness (Name and Address)

Place .....................................

Date .....................................]

Form 9

(1.A-F.M.1231)

Report on cases (other than those due to injuries) which have ended fatally or are proposed for invaliding

Part A

(To be filled by the Medical Officer)

Station ............................ Date........................

1. No., Rank, Name and Ship /Establishment................................
2. Disability..........................................................
3. Outcome of the case i.e., died or to be invalided....................

Medical Officer

Part B

(To be answered by the Commanding Officer, Ship/Establishment)

Circumstances of the case ;

1. Was the individual in your opinion of average physique and stamina when he joined the Ship/ Establishment ?
2. (a) Was the individual, as far as you are aware, in his normal health prior to the onset of the illness ?

(b) If you are aware of any previous illness from which he suffered (which is not recorded in his medical history), state its nature and duration.

3. Was the individual employed on sedentary duties/ sheltered occupations ? if so,

(a) had he to do. P.T. and/or parades ?

(b) was he doing it regularly prior to falling ill or had been exempted therefrom on account of ill-health ? If so, from which date ?

4.(a)(i) Mention any circumstances of exposure giving details thereof, and/or

(ii) State periods and conditions of service, at any particular place, which you consider caused or aggravated the illness.

(b) (i) Give the nature of duties he had to perform in military service.

(ii) Was he subjected to stress and strain by such duties ? If so, was it of an exceptional nature ? Give details.

(c) Diseases endemic to certain areas or disease due to infection.

(i) If disability or death was due to infection, is there any evidence that the exposure was due to negligence or misconduct on his part ?

(ii) Did he live in unit lines or was he permitted to live outside with his family ?

(iii) How many out passes was he granted during the previous month and what was the date of the last out pass ?

(iv) Was the disease endemic to the area he was serving in and during this period or immediately preceding it were there other cases of the same disease in the Ship/ Establishment ? If so, give the number of such cases, details of movements of infected persons and state any other circumstances which might have been responsible for the disease.

(v) Give the date of last leave and places where the leave was spent. Did illness start during leave ? If shortly after return from leave, state date on which the illness commenced.

(d) Veneral Diseases (Further information on the points mentioned below) :

(i) When was it contracted ?

(ii) Period of treatment ?

(iii) Whether after treatment the man returned to full duty ?

(iv) Whether after return to duty post hospital surveillance and treatment was continued according to existing regulations ?

(v) After return to duty, was the man subjected to any stress of an exceptional nature ? If so, mention the nature of exceptional stress.

5. Do you consider that the death or disability was attributable to or aggravated by service ?

Date ...................................

Commanding Officer

Part C

(To be completed by Commanding officer Hospital in all death cases except those of Sailors for whose cases Form (IAFM 393), Part II, will be completed).

Diseases endemic to certain areas or disease due to infection.

(i) How many cases of this disease were treated during six months prior to admission of this individual ?

(ii) How many cases of this disease were received from his unit ? Give details of such patients in chronological order.

(iii) Was the infection endemic or was there any outbreak of it in the local garrison ?

(iv) Was there an outbreak of the disease in the neighbouring city or villages ?

(v) What is your view of the source of infection?

In all cases state whether you consider that the death was attributable to or aggravated by service and give the reasons on which you base your opinion.

Commanding Officer Hospital or Medical Unit.

Instructions

1. More detailed is the information given of dates and occurrences, the easier will it be for the pension sanctioning authority to determine the question of entitlement to pension.
2. After Part B has been completed by the Commanding Officer, Ship/Establishment this form will be sent to the Commanding Officer, Hospital for disposal as follows :

(a) In the case of death, for attachment to the death certificate, after completion of Part C, where necessary.

(b) in the case of invaliding, for attachment to the medical board proceedings.

3. One copy of this form will accompany every disability and family pension claim (other than that due to injuries) for retention by the pension sanctioning authority.
4. In the case of sailors the opinion of medical officer will be copied into the Medical History Sheet.

Form 10

(MPB-531)

Reference ......................

Application for an education allowance in respect of child or children of a deceased Officer

(To be returned when completed to the Controller of Defence Accounts (Pensions), Allahabad Draupadi Ghat, Allahabad).

6. Particulars of child or children for whom education allowance is required :

A copy of the school prospectus must be enclosed.

11. State the grounds on which you are applying for an Education Allowance, and any other particulars tending to show what standard of education the child would have received had the father been alive.
12. Names and dates of birth of all other children of the deceased, with schools at which they are being, or were educated.

Before signing this Declaration please make sure that all the questions have been answered correctly. This will save correspondence and delay. Please also note that this is an official document and that any person making a statement which he or she knows to be false is committing a legal offence.

I hereby declare that the particulars in the foregoing statement are true to the best of my knowledge and belief.

Signature of witness ................. Signature of applicant..................

(Any commissioned officer of the Defence services not below the rank of Lieutenant of the Navy or equivalent or magistrate).

Address ..............................

Occupation ...................................

Date ................................

Form 11

(MPB 510-Pensions)

Application for pension-parents of deceased officer

Please read these Notes carefully

A The parents of an officer who had died as a result of Military service may be eligible for pension if they are in pecuniary need arising from old age or from infirmity or any other adverse condition not being merely of a temporary character. If it is claimed that need arises from-

age only, the claim cannot be considered if the father is living and under 60 years of age;

infirmity, a father under 40 or a mother under 55 (unless a widow) should enclose a doctor's certificate showing the nature of the infirmity and how long it is likely to last;

an adverse condition other than age or infirmity, the grounds of the claim should be stated in reply to question 12. For example, a mother in need by reason of widowhood may claim under this clause.

B Before it can be decided whether you are eligible for a pension it is necessary to obtain certain particulars of your circumstances. If, therefore, you consider you may be eligible for pension, you should complete this form and Form 13 (MPC-60) which is issued with it. Then return the forms to CDA (Pensions), Draupadi Ghat, Allahabad-1.

birth certificate of the deceased officer;

your marriage certificate;

your birth certificate and that of your husband/wife.

If you have not all the certificates, it is not necessary to buy them, but you should give instead the information asked for in Part III.

C If you find any difficulty in completing the forms you should write to or call at the appropriate address shown above. Before signing the Declaration please make sure that the questions have been answered correctly. This will save correspondence and delay. Please also note that this is an official document,and that any person making a statement which he or she knows to be false is committing a legal offence.

1. Particulars Relating To Deceased Officer
2. Name in full............................................................

(Surname first in BLOCK letters)

2. (a) Ship/ Establishment .............................

(b) Rank ..................... (c) Date of joining the Forces.....................

3. (This question to be answered only if death occurred after termination of service).

(a) Date of death ............... (b) Place of death...................

4. Was he single, married, widower, divorced or separated ?...................
5. Did he leave any other dependants ? ........................................

If so, state their names and address and ............................ their relationship to him.

6. Did your son contribute to your support before the commencement of his

service with the Forces, or later ?..............................................

If so : (a) What was the amount of his regular contribution ?.......................

(b) How long had he been contributing at this rate ? ...............................

(c) If you have any written evidence in support of your answers to (a) and

(b) you should enclose it ................................

1. Particulars Relating To Applicant
2. Your name in full............................................................

(Surname first in BLOCK letters)

8. Your relationship to the deceased officer in respect of whom you claim pension (if step-parent this should be stated) ...............................
9. Your home address in full ........................................
10. (a) Are you married, widower, divorced or separated ? ...........................

(b) Date of your first marriage..................................................

(c) If you have re-married, state date of re-marriage................................

(d) If you are a widow, state date of husband's death............................

11. Give particulars of every pension, allowance, gratuity, etc., that has at any time been awarded or granted to or in respect of the deceased member or yourself, or your husband/wife or any of your children (including step-children and adopted children), whether now in payment or not. If none put "NONE".

12. Do you claim to be in pecuniary need arising from old age or from infirmity or any other adverse condition not being merely of a temporary character ?...................

If so, state the grounds of your claim (see note A)

III. Particulars to be Supplied where Certificates are not Available

(In this Part give full names, the surname first in BLOCK letters, For places give full address if possible).

13. If you cannot readily supply a certificate of your son's birth, state :

(a) Date of his birth ................. (b) Place of birth ...................

(c) His father's name .....................................................

(d) His mother's name .....................................................

14. If you cannot readily supply a certificate of your marriage, state :

(a) Date of Marriage ................ (b) Place of Marriage......................

15. If you cannot readily supply your own birth certificate or that of your

husband or wife state:-

Yourself:-

(a) Date of birth ...............:.............. (b) Place of birth ...........

Declaration By Applicant (Please see Note C)

I DECLARE that the answers to the questions on this Form and on the accompanying statement of means of Form 13 (MPC-60) are true and complete to the best of my knowledge and belief, and I hereby claim a pension on the basis of the answers given by me, and undertake to supply and further information in connection with my claim that may be required.

Signature of Applicant

Witness to Signature ...............................

(Any Commissioned Officer of the Defence Services not below the rank of Lieutenant of the Navy or equivalent).

Address ............................

Date ..................................

Declaration By The Husband Or Wife Of The Applicant (if living together)

I DECLARE that the answers by my husband/wife on this form and on the accompanying statement of means on Form 13(MPC-60) are true and complete to the best of my knowledge and belief, and that I have no means which have not been disclosed by him/her, I am the .....................of the *Deceased Officer.

*State your exact relationship to him.....................................

Witness to Signature : Signature

(Any Commissioned Officer of the Defence Service not below the rank of Lieutenant of the Navy or equivalent).

Address .............................

Date............................

Please sign here ................................................

Form 12

(MDJ-3)

Ref. No ..................................

Name of Child..............................................

Name of School...............................................................

Estimate Of Annual School Expenses

(To accompany application for an Education Allowance)

The average for the present course of education should be shown.

Form 13 (MPC-60)

Statement of total means of support from all sources of an applicant for a parent's pension/ allowance in respect of the death of/missing son (give rank, name and ship/Establishment) ................................

Applicant's surname ......................... Full Name.....................

(Block letters)

Total Income Yearly

Where there are two parents the answers to questions (2), (3), (4) and (5) should cover both father and mother.

(2) If you sublet or take in lodgers or boarders state the total amount received from this source ...................................................

(3) If you own the house in which you are living, state:-

(a) The net annual value as assessed for income-tax.........................

(b) The amount of any mortgage still outstanding.................................

(c) The rate of mortgage interest................................................

(d) Ground rent, if any..................................................

(4) (a) If you receive a building allowance under a Government scheme, state its amount ........................................................

(b) Give particulars of any other benefits in kind (for example, free board).......etc.?

(5) Have you any money invested or uninvested, e.g., in the bank. Post Office. If so, give particulars ...................................................

(6) Give particulars of all your surviving children, including step-children and adopted children :

Before signing the Declaration you should make sure that all questions on the form have been answered correctly. This will avoid correspondence and delay.

This application is an official document and any person making a statement which he or she knows to be false is committing a legal offence.

Declaration By Applicant

I declare that the answers to the questions on this form are true and complete to the best of my knowledge and belief, and that I have disclosed all my/ our means of support.

Signature of Applicant ....................

Witness to Signature..................

(Any commissioned officer of the Defence Services not below the rank of Lieutenant of the Navy or equivalent.)

Address of Applicant

Date.............

Address .........................................................

Date .................................................................

Form 14

Form of Application for Commutation of Pension

Commutation of pension

When this Form has been duly filled up and signed, it should be sent to the appropriate authority mentioned in regulation 216.

Dated the day of 19.............

Signature

Address.....................

Form 15

Ship/

Roll No. of Naval Personnel .....................desirous of reckoning former Army/Air Force/Navy service-

NOTE 1.-This roll should be accompanied by the Discharge Certificate (in respect of former and present Indian Navy service) of the individual. [(As regards the

NOTE 2.-In the case of claims to reckon former service, under Regulation 83, it below the table in sub-regulation (1) of Regulation 83. In the case of claims mentioned in the proviso to Regulation 80.

NOTE 3.-In the case of men discharged on public grounds, the claims to count if any, received is refunded in full. In the case of men discharged on other grounds.

Station .................................

Date . ................................

(IN-867)

Establishment under the provisions of Regulations 77 and 83

of former Army or Air Force service), (Service Book or Certificate of Service procedure for the submission of this roll, please see regulation 162) should be stated in this column whether the claimant fulfils condition 2 mentioned former service under Regulation 80 it should be stated whether he fulfils the condition of former service for pension fall on the date of re-enrolment provided the gratuity, such claims fall after three years from the date of re-enrolment.

Commanding Officer .........................

Ship /Establishment ...............................

Form 16 (IN-271)

Certificate of the Service of

in the Indian Navy

NOTE.-The corner of this certificate is to be cut off where indicated if the man is discharged with a "Bad" character or with disgrace, or if specially directed by the Chief of the Naval Staff. if the corner is cut off, the fact is to be noted in the Ledger.

 

Medals, Clasps, etc. Long Service and Good Conduct Gratuity (See also page 270).

On entry as a Boy........................................................

On advancement to or entry in man's rating...............................

On re-engagement or re-entry for continuous service or for non-continuous service Further description, if necessary.......................................

Caution This is an Official document. Any alteration made to it without proper authority will render the offener liable to severe penalties.

Name ..........................................................................

 

 

Confidential

Form 17 (R.I.N. 245)

[In case of disabilities due to accidents, the Commanding Officer should certify here (a) Whether the disability was sustained, according to the information available, while the individual affected was in the actual performance of Naval duty and, if so, what was the nature of such duty, and (b) whether, in his opinion, the disability was attributable to service in the Indian Navy/field service; and he should state the reasons underlying his opinion as regards attributability. In cases of accidents attributable to negligence on the part of the individual concerned, the provisions of Regulation 102 will apply.]

I certify that the particulars given are correct as far as can be ascertained from

sanctioned (See Regulations No. 5, 4, 69 and 80).

Station ................................

Date ......................................

Commanding Officer I.N.S .........................

Recommended.

Station ....:...................

Date ..............................

Captain Naval Barracks.

Instructions

This form will not be used for the reassessment of degrees of disability under Regulations 110 and 111.

1. Two copies of this form for each man (with his medical history sheet and service book/ certificate of service/agreement-T-124-India) will be submitted by the applicant's Commanding Officer to the Staff Officer of the station of assembly of Board, for transmission to the Medical Board. in the event of further boards being held for reassessment of disability or for any other purpose the previous board proceedings will be laid before those boards.
2. When a Medical Board (with the exception of a board for reassessment of disability) is about to be held on a sailor the Commanding Officer of the hospital concerned will apply, in writing, to the Commanding Officer of the person about to be brought before the board of his opinion, expressed in writing in duplicate, whether or not the wound, injury, or disease from which the individual is suffering is due to field service or to service in the Indian Navy in ordinary peace conditions. When recording his opinion the Commanding Officer of the person concerned will include therein a short statement of the reasons which have led him to form his conclusions in the matter. The Medical Officer who prepares the statement of the case will attach thereto the written opinion of the Commanding Officer obtained in the manner described above.

Claims to disability pension on account of disease should invariably be accompanied by Form 9 (I.A.EM.1231) duly completed in all respects, vide instructions printed on the reverse of the form.

3. The board, after verifying the identification marks of the individual and having considered the testimony of the Officer Commanding ship /establishment and the medical history of the case, will state from what disease, injury, or wound, if any, the individual is suffering and will record their further opinion under one of the following heads:

(a) Fit for further service.

(b) Recommended for further treatment or observation.

(c) Recommended for sick leave, stating period.

(d) Unit for further service.

In all cases, except when the board finds that the individual is suffering from no appreciable disability, the board will submit replies to questions (2), (3, (4) if applicable (5), (6) and (7) on page 275.

4. Cases of men who have brought disease on themselves or who have aggravated or retarded the cure of their disability in the hope of obtaining a pension or gratuity, will be reported for the orders of the Captain Naval Barracks, Bombay, if the board are fully satisfied as to the facts. Captain Naval Barracks, Bombay after considering the advice of Principal Medical Officer, Indian Navy, will decide whether an individual is guilty of aggravating or retarding the cure of his disability. Refusal of operation should not be considered as retarding the cure of a disability and cases of this nature should be dealt with in the manner prescribed in Regulation 104.
5. Claims to disability pension on account of wound or injury received accidentally should invariably be accompanied by the proceedings of the Board of Enquiry where required. These will be scrutinised by the Medical Officer who prepares the statement of case on page 274 an by the Medical Board and sent along with the Roll to the Controller of Defence Accounts (Pensions), Allahabad through Captain Naval Barracks, Bombay. In such cases the Medical Board will assess the percentage of the disability but will not express an opinion as regards the attributability or otherwise except on purely medical grounds. As regards accidents, attributable to negligence on the part of the individual concerned the case should be submitted to the Central Government for orders.
6. When an individual has been examined by a Medical Board with a view to determining his claim to the grant of or continuance of a disability pension the authority arranging for his appearance before the board will inform him, after consultation with the Controller of Defence Accounts (Pensions) whether on the finding of the Board he is eligible or not for the grant or continuance of such a pension. The proceedings of such a Medical Board are confidential. The person concerned should not be informed of the percentage degree of his disability but he should be informed as to the nature of his disability for which he is invalided.

Thumb and finger impressions

7. Thumb and finger impressions to be taken on page 272 by the Commanding Officer of the ship or establishment.

A small quantity of printer's ink should be well rubbed on a tin slab until a very thin, even layer is formed. The balls of the thumb and of all the fingers of the left hand of the individual, after being wiped, should be laid on the inked slab and rolled from side to side (not rubbed) until sufficiently inked (this can be learnt from experience) and then lightly and carefully rolled on the paper on which the print is to be taken in such a way that the pattern of the whole of the thumb and fingers from side to side is clearly impressed on it. It must be specially borne in mind that any side movement either at the time of applying or removing the thumb on fingers will cause a smudge and spoil the impression.

The impressions are required for permanent record in the audit office.

Sailors are permitted to complete the page 272 and 277 with three specimen signatures instead of affixing their thumb and finger impressions.

Statement Of Case

The Medical Officer in charge of the case will enter below a statement of the circumstances, as far as can be ascertained, in which the wound injury or disease originated, the present condition of the disability, his opinion as to the fitness or otherwise of the individual for further service together with any further information likely to assist the Board in forming opinions on the questions before them.

N.B. - Before completing the statement the medical officer will read carefully the instructions in paragraphs on pages 273 and 274 of this form.

Station ................... (Name)

Date ....................... (Rank)

Opinions Of The Medical Board On The Questions Below

Note. - Alternative entries and questions not applicable should be expunged. (Unauthorised entries should not be made; the board should see that their remarks accord strictly with the regulations on the subject.)

(1) The Board having verified the identification marks and considered the testimony of his Commanding Officer, Medical history sheet and the statement of the case finds that :

O.No.....................Name...................Rank............is suffering from/has sustained..............................................

See paragraph of the instructions.

[@](4) If the reply to question (3) above is in the affirmative, is the board satisfied that strict proof has been produced as required by Appendix V.

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

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

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

(The Medical board should state the reasons underlying their finding on the question of "attributability" or non-connection of the cause of a disability with service in the Indian Navy. The individual's own statement, uncorroborated by any reliable evidence will not be quoted as reason underlying the finding.)

[*](5) What is the percentage of disablement? (Percentage to be entered in words.)

(6) Is the disability capable of improvement?

(7) Is the disability due to indulgence in drink or drugs ?

[*](8) Is the board fully satisfied that .......................has retarded the cure of or aggravated his disability in the hope of obtaining pension or gratuity ?..........

(9) Is the board fully satisfied that .......................................has brought the disability on himself in the hope of obtaining pension or gratuity ?

[*](10)(a)Is the board satisfied that ...................has refused to

percentage of disability.

(b) Is this refusal considered reasonable.

Station .....................................

Date ..........................................

.....................................President.

......................................Member.

Approved

Station .....................................

Date .........................................

.................................P.M.O. Indian Navy-

................................. D.P.M.O. Indian Navy.

[**]Countersigned and certified that ...........................will be discharged with effect from ............................. [Date shown at item No. 12(a) on page 271 to be entered].

Station ...................................

Date .......................................

Captain Naval Barracks

NOTE.-Controller of Defence Accounts (Pensions) will bring to the notice of the competent authority any abnormal delay between the date on which the board

is discharged by the Officer Commanding. In cases where a Gurkha rank, whose home is in Nepal, is found unfit for further service by a medical board and the

Officer will record in the above certificate that the man will be retained with his Ship/ Establishment until 15th September and discharged with effect from that date.

Foreign Service Certificate

Every application for an invalid, or disability pension on account of sailor lent for foreign service out of India under the African Administrations, or in Somaliland, Jubaland, etc., or under the Government in Mauritius, China, South Africa, Abyssinia, and elsewhere, will be supported by the following particulars and documents :-

(1) Period of service rendered in the above administration or under the above Government, the particular administrations or special service being specified.

(2) Particulars of circumstances under which wounded or injured.

(3) Rank last held while in the foreign service concerned and for what period.

(4) A medical certificate in the following form according to the circumstances of each case.

Medical Certificate

(Impressions should be taken in as small a compass as possible consistent with clearness, see instructions on page 273. This is required in the case of disability or invalid pension only, and in such cases should be completed by the Medical Board. Only one member of the Board need, however, attest the finger and thumb impressions.)

Thumb and finger impression of late taken before (name of office) (on date)

For use in the office of the Controller of Defence Accounts (Pensions), Allahabad.

O.No........................ Name ...................................... late ................. Ship/Establishment .........................is entitled to Ordinary /Special pension or gratuity and

 

.....................to .................

No. Pen/

Dated the

To the Captain Naval Barracks (D.O.)

Dy. Asstt. Controller of Defence Accounts.

Form 18

Last Pay Certificate to

Original

I hereby certify that the individual named below, proceeding from Ship/ Estab ................(Station).................... has received pay and allowances from me as shown below :

To ......................

The .............................

(I.A.F.A. 447)

be used for all Sailors)

Establishment...........(Station) transfer/pension [*] to (Ship/Establishment)

where inapplicable.

with pay and allowance.

pay annuity or other allowance is made.

was necessary. If necessary, particulars of the orders in support should be quoted.

Naval Pay Office.

Countersigned.

A.A.O. (Pensions)

Form No.19 [AFB-179(C)]

Medical Categorisation

Part I

No...................Rank.............................Name......................

Unit ..............................................................

Age .................Service........................................

Army Medical Category on the first posting to army...................................

Diability.............................................................

Present state of disability....................................................

Station ..........................

Date ............................

Signature of Medical Officer/

Principal Medical Officer, Ship/

Establishment.

Part II

Finding of Medical Board held at........................on............................

Disability....................................................................

Remarks :-.......................................................................

[*]Transferred to Army Medical Category...............................................

[*]Remains in Army Medical Category...............................................

Signatures

..................................President Board

.................................Members of Medical Board.

Form No. 20 (I.A.F.F 958)

Service and Casualty Form Sailors

(The entries made on this form must invariably agree with those recorded in the Sheet Roll and/or casualties published in Pt. I/II Orders from time to time)

Official No............... Rank ............... Name................. Ship/(in pencil)

Establishment ................................................... Med. Cat.

(in pencil, if temporary)

Note:-All casualties affecting the military history of sailors including important items mentioned above will be recorded with appropriate authority on the reverse of this form.

Form 21 (AFMSF 81)

Report on cases (other than those due to injuries) which have ended fatally or are proposed for invaliding

(For instructions see page 284)

Part A

(To be filled by the M.O.)

Station ..........................

Date ...............................

Name .....................Service No................... Rank/Rating..................

Ship/ Establishment .............. Service Army/Navy/Air Force......................

Branch.................................................................

Disability............................................................

Outcome of the case, i.e., died or to be invalided..............................

Medical Officer

Part B

(To be answered by the Commanding Officer Ship/Establishment)

Circumstances of the case :

1. Was the individual in your opinion of average physique and stamina when he joined the unit ?
2. (a) Was the individual, as far as you are aware, in his normal health prior to the onset of the illness?

(b) if you are aware of any previous illness from which he suffered (which is not recorded in his medical history), state its nature and duration.

3. Was the individual employed on sedentary duties/ sheltered occupation? If so

(a) had he to do P.T. and/or Parades?

(b) was he doing it regularly prior to falling ill or had been exempted therefrom on account of ill-health? If so, from which date ?

4. (a) (i) Mention any circumstances of exposure giving details thereof, and/or

(ii) State periods and conditions of service, at any particular place, which you consider caused or aggravated the illness.

(b) (i) Give the nature of duties he had to per form in military service.

(ii) Was he subjected to stress and strain by such duties? If so, was it of an exceptional nature? Give details.

(c) Diseases endemic to certain areas or disease due to infection.

(i) If disability or death was due to infection, is there any evidence that the exposure was due to negligence or misconduct on his part?

(ii) Did he live in unit lines or was he permitted to live outside with his family?

(iii) How many out passes was he granted during the previous month and what was the date of the last out pass?

(iv) Was the disease endemic to the area he was serving in and during this period or immediately preceding it were there other cases of the same diseases in the unit? If so, give the number of such cases, details of movements of infected persons and state any other circumstances which might have been responsible for the disease.

(v) Give the date of last leave and places where the leave was spent. Did illness start during leave ? If shortly after return from leave state date on which the illness commenced.

(d) Venereal Diseases (Further information on the points mentioned below):

(i) When was it contracted?

(ii) Period of treatment.

(iii) Whether after treatment the man returned to full duty.

(iv) Whether after return to duty post hospital surveillance and treatment was continued according to existing regulations.

(v) After return to duty, was the man subjected to any stress of an exceptional nature ? If so, mention the nature of exceptional stress.

5. Do you consider that the death or disability was attributable to or aggravated by service?

Commanding Officer

Date ..................................

Part C

(To be completed by O.C. Hospital/Ship in all death cases except those of sailors for whose cases Form 8 (IAFM 393), Part II, will be completed.)

Diseases endemic to certain areas or disease due to infection

(i) How many cases of this disease were treat ed during six months prior to admission of this individual.

(ii) How many cases of this disease were received from his Ship/Establishment? Give details of such patients in Chronological order.

(iii) Was the infection endemic or was there any outbreak of it in the local garrison ?

(iv) Was there an outbreak of the disease in the neighbouring city or villages?

(v) What is your view of the source of infection?

In all cases state whether you consider that the death was attributable to or aggravated by service and give the reasons on which you base your opinion.

Commanding Officer Hospital or Medical

Unit/Ship

Instructions

1. More detailed is the information given of dates and occurrences, the easier will it be for the pension sanctioning authority to determine the question of entitlement pension.
2. After Part B has been completed by the Commanding Officer Ship/Establishment this form will be sent to the Commanding Officer Hospital for disposal as follows :

(a) In the case of death, for attachment to the death certificate, after completion of Part C, where necessary.

(b) In the case of invaliding, for attachment to the medical board proceedings.

3. One copy of this form will accompany every disability and family pension claim (other than that due to injuries) for retention by the pension sanctioning authority.
4. In the case of sailors, the opinion of medical officer will be copied into the Medical History Sheet.

Form 22 (RIN 239)

Claim form for the original grant of Family Pensions to the Heirs of Sailors

Original (to be retained by the Pension sanctioning authority)

Duplicate [to be returned after completion of Part III, to the Captain Naval Barracks (D.O.) for transmission to the pension disbursing officer].

Part I

NOTE 1.-To be filled in by the Captain Naval Barracks (D.O.), from the service document of the deceased.

NOTE 2.-The Captain Naval Barracks (D.O.) will use English-Urdu, English-Hindi or English-Marathi versions of the form according to the vernacular language prevalent in the area to which the claimant belongs and will fill in Part I of the form in English as well as the vernacular concerned. Where the vernacular prevalent in the area to which the claimant belongs is not one of the three referred to above the Captain Naval Barracks will fill in only English copy of the form.

1. Details regarding the deceased

(a) Official No., rank and name...................................................

(b) Ship /Establishment in which he last served.................................

(c) Date, place and cause of death................................................

(d) No. and date of the pension circular/ PPO notifying the grant of pension, if the deceased was a pensioner...........................................

(e) (i) Date up to which pay has been credited to the individual's account.........................................

(ii) Rate of family allotment...................................

(iii) Relationship of allottee.....................................

(iv) Date up to and for which family allotment has been paid........................

(v) Whether the family allotment paid beyond the date of death of the individual was met from his credit balance and if so to what extent..................

(vi) The rate of special family allowance...........................

(vii) Relationship of the person/persons to whom special family allowance has been paid...........................................................

(viii) Date up to and for which special family allowance was last paid ............

Note.-The particulars against item (e) above are required to be certified as correct by the Controller of Defence Accounts (Navy).

2. Details regarding the claimant

(a) Name in full (in BLOCK letters).............................

(b) Relationship with the deceased................................

(c) Date of birth or age, if known..............................

(d) Residence :

Village...............................................................

Tehsil................................................................

District, etc...........................................................

3. Rate of family pension considered to be admissible, if the claim is ultimately established (quote authority).................................................

Signature and full designation of the Captain Naval Barracks (D.O.).

Place ..................................

Date ..................................

Part II

Note 1. - To be filled in by an Officer of the Recruiting Staff (including a junior Commissioned Officer /Civilian employed as Extra Assistant Recruiting Officer) with the help and in the presence of a local civil official (Kanungo, Patwari and other subordinate) or if they are not available, of other respectable person e.g. Member of Parliament of Legislative Assembly, a Member of Corporation/Municipality/District Board, Serving or Retired Officer/Junior Commissioned Officer, Sarpanch, Village Lambardar or Zaildar. If the local investigation discloses any doubt or dispute, the Recruiting Officer will refer the case to the higher revenue authorities e.g. Tehsildar, Deputy Commissioner or Collector.

Note 2. - In a case where along with the English copy of the form, the vernacular version in Hindi, Urdu or Marathi is also sent, the Investigating Officer will if he knows English, complete only English copy, and need not fill in the vernacular copy. If he does not know English, he will complete the vernacular copy, and the countersigning officer will translate all the particulars into English and complete the English copy.

1. Details regarding the claimant

(a) name in full (in BLOCK letters)..............................

(b) Relationship with the deceased..........................

(c) Marks of identification (in the case of a female claimant only one or two permanent marks or blemishes of the apparent parts of the body such as hands, feet, etc., may be recorded) .............................................

(d) Date of birth or age, as nearly as can be ascertained............................

(e) If the claimant is the widow of the deceased, state :

(i) Whether she was married to the deceased by a lawful and valid ceremony according to recognised custom ..................................

(ii) Whether she has remarried since the death of her deceased husband and if so,

(a) give the date of remarriage..................................and

(b) state whether she remarried a real brother born of the same parent of her deceased husband.........................................

(iii) Whether the deceased left behind more than one widow, and if so, state their names and dates of marriage with the deceased .........................

(f) If the claimant is a father, state :

(i) Whether he is the real (as distinct from step or foster) father of the deceased ...........................................

(ii) Whether he is a cripple or otherwise physically or mentally unable to support himself. (The information is not necessary if the father is above 50 years of age.) ........................................................

(iii) Whether the widow and/or mother of the deceased are/is also alive.

(This information should be given if the father is below 50 years of age)...........

If the claimant is mother, state :

(a) Whether she is the real (as distinct from step or foster) mother of the deceased ..............................................................

(b) Whether she has remarried since the death of her deceased son; if so, give the date ..................................................

(h) If the claimant is a son, state :

Whether he is the legitimate and real (as distinct from step or foster) son of the deceased...........................................................

(i) If the claimant is a daughter, state:

(a) Whether she is the legitimate and real daughter of the deceased ............

(b) Whether she is married; if so, state the date of her marriage

(j) Residence :

Village................................................................

Tehsil.................................................................

District, etc.......................................................

(k) Occupation .........................................

(l) If already in receipt of any remuneration from public revenues (such as pay, pension, Provident Fund, Compensation, etc.) give nature and details of employment or No. and date of the pension circular/PPO notifying the pension, as the case may be.....................................

(m) Place at which payment of pension is desired. (It should be a pension paying treasury or post office)..........................................

(n) Name and particulars of the person to whom the claimant desires arrears of pension, if any due, to be paid on his/her demise.........................

2. The details in para 1 above have been read over to the witnesses (who profess to know the claimant an not related/ *related to him/her) and they have acknowledged them to be correct. They have been warned that they will be liable to punishment should their evidence on any point prove to be false.

The description of the witnesses, and their signature (or thumb impressions) in token of the correctness of the above mentioned details are given in para 3 below.

*If related, state in para 3 below why no disinterested witness could be produced.

3. Description of two reliable and disinterested witnesses (preferably government servants or military pensioners or headmen of the village) from whom necessary particulars regarding the claimant are obtained.

NOTE.-If any of the witnesses is related to the claimant, give reasons why no disinterested witness could be produced.

4. Thumb and finger impression of the left hand .................taken in my presence:

Countersigned

Place ..................................

Date .................................. Signature of the Recruiting Officer.

NOTE.-In cases where the claimant is a minor, the thumb and finger impression of the guardian should be obtained in the space under para 4 above in addition to those of the claimant and the relationship of such guardian to the claimant should be noted.

PART III

Family pension at Rs .................................p.m. sanctioned with effect from

for Life

till Remarriage, vide

till Marriage

till the age of attaining 18 years, viz.............PPO No......................

of ............................

Date ...............................

Place ...........................

Assistant Accounts Officer (Pensions)

Form 23

(RIN 240)

Claim form for the grant of children's allowance to the children of sailors

Original (to be retained by the Pension sanctioning authority)

Duplicate [to be returned after completion of Part III, to the Captain Naval Barracks (D.O.) for transmission to the pension disbursing officer].

Part I

NOTE 1.-To be filled in by the Captain Naval Barracks (D.O.), from the service document of the deceased.

NOTE 2.-The officer commanding or head of the department, etc., will use English-Urdu, English-Hindi, or English-Marathi versions of the form according to the vernacular language prevalent in the area to which the claimant belongs and will fill in Part I of the form in English as well as the vernacular concerned. Where the vernacular prevalent in the area to which the claimant belongs is not one of the three referred to above, the Captain Naval Barracks (D.O.) will fill in only English copy of the form.

1. Details regarding the deceased

(a) Official No., rank and name...........................

(b) Ship/Establishment in which he last served..................

(c) Date, place and cause of death............................

(d) No. and date of the pension circular/PPO notifying the grant of a pension, if the deceased was a pensioner .......................................

(e) (i) No. and date of the pension circular/PPO notifying the award of family pension, if already sanctioned...........................................

(ii) Name ana relationship of the heir to whom the family pension was sanctioned or is proposed to be sanctioned ..........................

(f) Rate of children's allowance considered to be admissible, if the claim is ultimately established (Quote authority) ......................

2. Details regarding the children-

Date ...................

Place ........................

Signature and full designation of the Captain Naval Barracks (D.O.)

Part II

Note 1. - To be filled in by an Officer of the Recruiting Staff (including a junior Commissioned Officer/Civilian employed as Assistant Extra Recruiting Officer) with the help and in the presence of a local civil official (kunungo, Patwari and other subordinate) or if they are not available, of other responsible person e.g., Member of Parliament or Legislative Assembly, a member of Corporation/ Municipality /District Board, Serving or Retired Officer/Junior Commissioned Officer, Sarpanch, Village Lambardar or Zaildar. If the local investigation discloses any doubt or dispute, the Recruiting Officer will refer the case to the higher revenue authorities e.g. Tehsildar, Deputy Commissioner or Collector.

Note 2. - In a case where along with the English copy of the form, the vernacular version in Hindi, Urdu or Marathi is also sent, the Investigating Officer will if he knows English, complete only English copy, and need not fill in the vernacular copy. if he does not know English, he will complete the vernacular copy, and the countersigning officer will translate all the particulars into English and complete the English copy.

If the countersigning officer also does not know English, the Captain, naval Barracks, Bombay will arrange to translate all the particulars into English and complete the English copy of the form before submitting it to the pension sanctioning authority but the countersigning officer will invariably ensure that the dates of birth etc. shown in the form are given in Christian Era.

1. Details regarding the children. of there are any children of the deceased besides those whose names have been shown in Part I, their particulars should also be entered below by the investigating officer).

2. Description of two reliable and disinterested witnesses (preferably government servants or military pensioners or headmen of the village) from whom the particulars rgarding the children are obtained.

<

Note. - If any of the witnesses is related to the claimant, give reasons why no disinterested witness could be produced.

3. The following questions should be put to the witnesses and their answers recorded against each question :

4. The investigating officer should sign the following certificates :

The answers in para 3 above have been read over to the witness who have acknowledged them to be correct. They have been warned that they will be liable to punishment should their evidence on any point prove false.

5. Thumb and finger impressions of the left hand of the children taken in my presence.

Countersigned

Place ........................

Date .......................

Signature of the Recruiting Officer.

NOTE.-In cases where the claimant is a minor, the thumb and finger impressions of the guardian should be obtained in the space under para 5 above in addition to those of the claimant and the relationship of such guardian to the claimant should be noted.

Part III

Form 24

(RIN 241)

Claim form for the continuance of family pension to fathers or mothers of deceased sailors

Original (to be retained by the Pension sanctioning authority)

Duplicate [to be returned, after completion of Part III, to the Captain Naval Barracks (D.O.) Bombay, for transmission to the pension disbursing officer].

Part I

Note 1. - To be filled in by the Captain Naval Barracks (D.O.), from the service documents of the deceased.

Note 2. - The Captain Naval Barracks (D.O.) will use English-Urdu, English-Hindi or English-Marathi versions of the form according to the vernacular language prevalent in the area to which the claimant belongs and will fill in Part I of the form in English as well as the vernacular concerned. Where the vernacular prevalent in the area to which the claimant belongs is not one of the three referred to above the Captain Naval Barracks (D.O.) will fill in only English copy of the form.

1. Details regarding the deceased

(a) Official No. rank and name..............................

(b) Ship/Establishment in which he last served...................

2. Particulars of the original grant of family pension:

(a) Name of the recipient.................................

(b) Relationship with the deceased..............................

(c) No. and date of the pension circular/PPO notifying the original grant of family pension.................................

(d) Date and cause of cessation of the original grant.........................

3. If children's allowance with 50 per cent, increase was sanctiond, quote No. and date of the pension circular/ PPO in which sanctioned ..............................
4. Details regarding the claimant:

(a) name in full (in BLOCK letters).............................................

(b) Relationship with the deceased sailor.........................

(c) Date of birth or age as nearly as can be ascertained....................

(d) Residence:

Village .........................................................................

Tehsil ...........................................................................

District, etc ..................................................................

Signature and designation of the Captain Naval Barracks (D.O.)

Date ............................

Place ...........................

Part II

Note 1. - To be filled in by an Officer of the Recruiting Staff (including a junior Commissioned Officer/Civilian employed as Extra Assistant Recruiting Officer) with the help and in the presence of a local civil official (Kunungo, Patwari and other subordinate) or if they are not available, of other respectable person e.g. Member of Parliament or Legislative Assembly, a Member of Corporation/Municipality/District Board, Serving or Retired Officer/Junior Commissioned Officer, Surpanch, Village Lambardar or Zaildar. If the local investigation discloses any doubt or dispute, the Recruiting Officer will refer the case to the higher revenue authorities e.g. Tehsildar, Deputy Commissioner or Collector.

Note 2. - In a case where along with the English copy of the form, the vernacular version in Hindi, Urdu or Marathi is also sent, the Investigating Officer will if he knows English, complete only English copy, and need not fill in the vernacular copy. If he does not know English, he will complete the vernacular copy, and the countersigning officer will translate all the particulars into English an complete the English copy. If the countersigning officer also does not know English, the Captain Naval Barracks, Bombay will arrange to translate all the particulars into English and complete the English copy of the form before submitting it to the pension sanctioning authority but the countersigning officer will invariably ensure that the date of birth, etc., shown in the form are given in Christian Era.

1. Date of event which caused cessation of the original award [See 2(d) of Part I].

(In case of death an extract from the village death register to be furnished in support, if available.)

2. Details regarding the claimant

(a) Name in full (in BLOCK letters)......................

(b) (i) Relationship with the deceased......................

(ii) whether he/she is real (as distinct from step or foster) father/mother of the deceased..........................................

(c) Date of birth and age.....................................

(d) Marks of identification......................................

(In case of female claimant, only one or two permanent marks of blemishes of the apparent parts of the body, such as hands, feet, etc. may be recorded.)

(e) Occupation....................................................

(f) Whether already in receipt of any remuneration from public revenues (such as, pay, pension Jangi Inam and other allowance) from the State.

If so, give the nature and details of employment of the number and date

of pension circular/PPO. etc., notifying the award, as the case may be

(g) The average monthly income (net) of both father and mother from other permanent sources..............................

(h) The average monthly amount which the living son/sons, whether willing or unwilling to support is/are in a position to contribute regularly towards the support of the claimant ................................

(i) If the claimant is mother, state whether she has remarried since the death of her deceased son, and if so, give the date of remarriage..................

(j) Place at which payment of pension is desired. (It should be a pension paying treasury or post office).....................................

(k) Residence:

Village......................................... ...............

Tehsil....................................................

District, etc.......................................

(l) Name and particulars of the person to whom the claimant desires arrears of pension, if any due, to be paid on his/her demise......................

3. The details in paras 1 and 2 above have been read over to the witnesses (whoprofess to know the claimant and not related/*related to him/her) and they have acknowledged them to be correct. They have ben warned that they will be liable to punishment, should their evidence on any point prove to be false.

The description of the witnesses and their signatures (or thumb impressions) in token of the correctness of the above-mentioned details are given in para 4 below.

*If related state in para 4 below why no disinterested witness could be produced.

This form duly completed must accompany all claims of continuance of family pension

4. Description of two reliable an desinterested witnesses (preferably Government Servants or military pensioners or headmen of the village) from whom necessary particulars regarding the claimant are obtained.

Note. - If any of the witnesses is related to the claimant, give reasons why no disinterested witness could be produced.

5. Thumb and finger impressions of the left hand of.......................taken in my presence (insert the name of the claimant)

Signature, Designation and address in full of the investigating officer of Recruiting Organisation., Signature of the local civil official or other respectable person specified in Note 1.

Place .............................

Date ...........................

Countersigned

Signature of the Recruiting Officer.

Place .............................

Date .........................................

PART III

Continuance of family pension sanctioned at Rs .............p.m. with effect from .............for life in PPO No................of............... till re-marriage

Date ...............................

Place ..........................

Assistant Accounts Officer (Pensions)

Form 25

(RIN 242)

Claim form for the grant of Family pension to Foster-Parents or Adopted or Step Children or Minor Brothers or Sisters of deceased Sailors

Original (to be retained by the pension sanctioning authority)

Duplicate [to be returned after the completion of Part III, to the Captain Naval Barracks (D.O.) for transmission to the pension disbursing officer].

Part I

Note 1. - To be filled by the Captain Naval Barracks (D.O.), from the service documents of the deceased.

Note 2. - The officer commanding or head of the department, etc. will use English-Urdu, English-Hindi, English-Marathi versions of the form according to the vernacular language prevalent in the area to which the claimant belongs and will fill in Part I of the form in English as well as the vernacular concerned. Where vernacular prevalent in the area to which the claimant belongs is not one of the three referred to above, the Captain Naval Barracks (D.O.) will fill in only English copy of the form:

1. Details regarding the deceased-

(a) Official No., rank and name......................................

(b) Ship /Establishment in which he last served............................

(c) Date, place and cause of death.......................................

(d) No. and date of the pension circular/PPO notifying the grant of disability pension, if the deceased was a pensioner.......................

(e) Name and relationship of the person to whom the deceased was making a family allotment; if any, the rate/rates of allotment and the period/periods for which it was made .......................................................

A copy of IAFF. 1108-A (Statement of debits and credits) when available will be forwarded with this form to the Controller of Defence Accounts (Pensions), Allahabad.

2. Details regarding the claimant :

(a) Name in full (in BLOCK letters).........................

(b) Relationship with the deceased...................................

(c) Date of birth or age, if known..............................

(d) Residence :- Village............................

Tehsil.............................

District, etc .....................

Signature and full designation of the Captain Naval Barracks (D.O.).

Place ................................

Date .............................

Part II

NOTE 1. - To be filled in by an Officer of the Recruiting Staff (including a junior Commissioned Officer/Civilian employed as Extra Assistant Recruiting Officer with the help and in the presence of a local civil official (Kanungo, Patwari and other subordinate) or if they are not available, of other respectable person e.g. Member of Parliament or Legislative Assembly, a Member of Corporation/Municipality/District Board, Serving or Retired Officer/Junior Commissioned Officer/Sarpanch, Village Lambardar or Zaildar. If the local investigation discloses any doubt or dispute, the Recruiting Officer will refer the case to the higher revenue authorities e.g. Tehsildar, Deputy Commissioner or Collector.

NOTE 2. - In a case where along with the English copy of the form, the vernacular version in Hindi, Urdu or Marathi is also sent, the Investigating Officer will if he knows English, complete only English copy, an need not fill in the vernacular copy. If he does not know English, he will complete the vernacular copy, and the countersigning officer will translate all the particulars into English and complete the English copy.

1. Details regarding the claimant

(a) Name in full (in BLOCK letters)...........................

(b) Relationship with the deceased..................................

(c) Date of birth or age (Birth Certificate to be furnished, if available in support, if the claimant is a child or minor brother or sister).............................

(d) Mark of identification (in cases of female claimants, only one or two permanent marks or blemishes on the apparent parts of the body such as hands, feet, etc., maybe recorded)............................

(e) Occupation.........................................

(f) Average monthly income from all sources (e.g., land, any remuneration from the State, any regular help given by relatives, etc.).............

(g) Place at which payment of pension is desired. (It should be a pension paying treasury or post office)......................

(h) Residence :

Village ............................

Tehsil..............................

District, etc.......................

(i) Name and particulars of the person to whom the claimant desires arrears of pension, if any due to him/her, to be paid on his/her demise-

2. The following particulars will also be verified by the investigating officer:-

(a) If the family allotment was not made to the claimant, but to someone else, to what extent was it shared by the claimant?

(b) If no family allotment was made through official channels, through what other source(s) was the contribution made by the deceased to the claimant ?

(c) What documentary evidence is there in support of the answer to (b) above ? Any evidence should be forwarded with this form. If money orders were sent, a certificate from the local postmaster showing the amounts of the orders and the period during which they were remitted should be attached, in the absence of the M.O. coupons.

If the claimant is a foster parent ?

(d) What are the actual or approximate dates of deaths of-

(i) the father of the deceased

(ii) the mother of the deceased

(e) (i) How many unmarried sons has the claimant?

(ii) What are their ages?

(iii) What are their respective monthly earnings?

(f) (i) Whether the husband of a foster-mother is alive? What is his age?

(ii) What are his monthly earnings?

(iii) Does infirmity or disease incapacitate him? If the claimant is an adopted child :

(g) Was the claimant adopted by the deceased legally, or after the performance of prescribed religious ceremonies? (Copy of the court deed and in case no deed was executed, statement of respectable persons of the locality should accompany in support.)

(h) Who is his guardian now?

(i) What are the circumstances in which his guardian, real parent(s) and elder brother(s) if any are unable to support him? If the claimant is a minor brother or sister :

(j) What are the monthly earnings of each unmarried elder brother (if any) of the claimant?

3. Description of two reliable and disinterested witnesses (preferably Government servants or military pensioners or headmen of the village) from whom necessary particulars regarding the claimants are obtained.

NOTE.-If any of the witnesses is related to the claimant, give reasons why no disinterested witness could be produced.

4. The following questions should be put to the witnesses and their answers recorded against each question :

5. The investigating officer should sign the following certificate after checking up that the answers of the witnesses are in harmony with the detailed facts given by him in reply to items 1 and 2 ante:

The answers in paragraph 4 have been read over to the witnesses who have acknowledged them to be correct. They have been warned that they will be liable to punishment, should their evidence on any point prove to be false.

6. Thumb and finger impressions of the left hand of .............................................taken in my presence. (insert the name of the claimant)

Note. - In cases where the claimant is a minor, the thumb and finger impressions of the guardian should be obtained in space under paragraph 6 above in addition to those of the claimant an the relationship of such guardian to the claimant should be noted.

Part III

Family pension sanctioned at Rs ........ p.m. with effect from ............. for life

till marriage

till re-marriage

till the age of attaining 18 years,

vide P.P.O. no ..............of ........................

Date ..............................

Place ..............................

Assistant Accounts Officer (Pensions)

Voucher No.

Form 26

(I.A.F.A. 370)

List of Men entitled to pension/gratuity belonging to .......................retiring on pension or declared unfit for service by the Medical Board which assembled at ..................on the.....................day of............19...............for whom the authorised advance/amount of................................... *months pension or gratuity is charged/required.

Certified that the rates of pay and allowances appropriate to the substantive rank held on the termination of qualifying service for Gratuity (i.e. the date of counter-signature of the Medical Board proceedings by the ADMS/PMO IN/DPMO) are as under:

(a) Basis Pay (including deferred pay, where applicable) o the substantive rank last held.-

(b) Rank/Appointment Pay

(c) Increment of Pay

Captain Naval Barracks (DO)

(d) Good service Pay

(e) Paracute Pay, if any

(f) Badge Pay

Countersigned

AAO CDA (Navy)

Note : Cheque may be issued in favour of .............on ........Treasury for credit to the Public Fund Accounts of the Commanding Officer.

I certify that the above men who have been invalided by the Medical Board and are entitled by length of service to the gratuities specified, are not invalided in consequence of disorders brought on by indulgence in drugs or drink.

Station ...................................

Comdg.........................................

Date ......................................19 (For use in the D.A. Department)

Passed for (Rs. nP.) Rupees ...................................(in words)

Voucher No ................... Noted in Register of gratuities., Page No........

NOTE.-Claims that may remain unadjusted after a man has been struck off the effective establishment must be communicated to the pension disbursing officer to whose payment the pensioner has been transferred.

Form 27

(IAFY 1948-A)

Confidential

Roll of a Sailor proposed to be discharged after ...............ears service.

 

*Signature or Thumb and finger impressions of the left hand of .................

I certify that the particulars given are correct as far as can be ascertained from the records of the Ship/Establishment and recommend that .....................pension admissible under rule may be sanctioned.

(See Regulations 4,5,8 and 69)

Attested

(Signature)

Station ................... Rank/Designation

Date ......................

Sanctioned

Station ......................

Date ....................... Commander

*Thumb and finger impression to be taken by the Commanding Officer of the Ship/Establishment. In the case of reservists who become due for discharge to pension while away from the Ship/Establishment, their attendance at the Ship/Establishment or Military Hospital should be obviated by taking thumb or finger impression during their last training or by sending this form to the nearest magistrate or Deputy Commissioner or Collector of the District in which reservists live. Commanding Officers may however if they are satisfied that the requirement of the case will be equally met, send the forms to District Soldiers', Sailors' and Airmen's Board where such are available.

Small quantity of printer's ink should be well rubbed on a tin slab until a very thin even layer is formed. The balls of the thumb and of all the fingers of the left hand of the individual after being wiped should be laid on the inked slab and rolled from side to side (not rubbed) until sufficiently inked (this can be learnt from experience) and then lightly and carefully rolled on the paper on which the print is to be taken in such a way that the pattern of the whole of the ball of the thumb and fingers from side to side is clearly impressed on it. It must be specially borne in mind that any side movement either at the time of applying or removing the thumb or fingers will cause a smudge and spoil the impression.

The impressions are required for permanent record in the audit office.

Cheif Petty Officers are permitted to complete this with three specimen signatures instead of affixing their thumb and finger impressions.

For use in the Defence Accounts Department.

Passed for payment of Rupees (Rupees) for gratuity by inclusion in the I.R.L.A. for the month of only. on Treasury. Issued in favour of Admitted Ordinary/Special/Reservist Pension at Rs. (Rupees only) p.m.w.e.f. for life vide PPO No. T.I. is payable in addition Supdt. PAQ/AAO

Form 28

Form For Commutation Of Pension Sailors

(IAFA-340A)

Part I

Form Of application

 

Signature or left hand thumb impression

Place........

Date.........

2. Instructions:—

(1) The following documents shall be accepted as proof of the date of birth for the purpose of commutation. Only original documents and not certified true copies shall be accepted, namely:—

(i) the matriculation certificate or the secondary school leaving certificate, or a certificate recognised by an Indian University as equivalent to matriculation, or

(ii) Municipal birth certificate or an extract from the municipal birth register duly certified by proper authorities, or

(iii) the record of admission in the registers of the school or schools in which the applicant was educated an also record of the applicant's age at various periodical school examinations.

(2) Where the documentary evidence as required by instruction (i) above is not available, the date of birth shall be verified with reference to the assessed apparent age given in the enrolment form.

(3) The amount desired to be commuted shall be an amount which together with the amount(s) already commuted shall not exceed half of the pension originally sanctioned:

Provided that the residual pension left is not less than rupees twenty per month. In case of anticipatory 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 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.

(4) One copy of the photograph duly attested shall be pasted on the space provided and the other (also duly attested) shall be loosely attached to the form.

Form of Declaration

(To be completed by the applicant in receipt of anticipatory pension)

Whereas the Controller of Defence Accounts (Pensions) has consented provisionally to advance to me the sum of rupees.......

.......being the capitalised value of a portion 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 the capitalised value now paid to me is subject to revision on the completion of the necessary formal enquiries and I promise to have no objection to such revision on the ground that the provisional amount now to be paid to me as the capitalised value of the part of anticipatory pension exceeds 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 pension any amount advanced to me in excess of the amount to which I may be eventually found entitled.

Signature..........

Station..............

Date..........

Conditions under which a portion of an anticipatory pension can be commuted by the pensioner:

(a) Forty five per cent of the anticipatory pension may be commuted.

(b) If the medical authority reports on examination that the applicant has an average duration of life, the commutation shall become absolute from the date of medical examination that is, the anticipatory pension shall be reduced with effect from the date and he shall be entitled to receive only the balance of reduced pension after commutation.

(c) If the medical authority reports on examination that the applicant's age for the purpose of commutation is to be assumed to be greater than his actual age, he shall have the option of withdrawing his application for commutation by written notice dispatched to the Controller of Defence Accounts (Pensions), 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 fourteen days, it shall be assumed that the applicant accepts the revised capital sum offered as shown in Form 29 specified in Appendix VIII which shall be supplied to him at the time the medical examination is arranged for. The commutation shall then automatically become absolute from the date on which the medical authority signs the report. The applicant shall be 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 commuted portion of the applicant’s anticipatory pension exceeds the limits of the final pension he shall be allowed to commute only to that extent and the commuted value payable shall be altered accordingly.

I agree to the conditions specified above.

Signature.............

Date................

B—To be completed in respect of persons already in receipt of pension by pension disbursing officer from his records that is check register, descriptive roll etc.

 

Signature...............

Designation.............

Place............

Date.............

Part II

(To be completed by the sanctioning authority)

Subject to the medical authority's recommending commutation, the lumpsum payable shall be as stated below:

 

Signature of the Sanctioning Authority.

Part III

Administrative sanction is accorded to the above commutation. A certified copy of Part II of the form has been forwarded to the applicant in Form 29 specified in Appendix VIII.

Signature..............

Designation...........

Place................

Date................

Forwarded to..........(Here enter the designation and address of he Chief Administrative Medical Officer) with one copy of form 30 and an extra copy of a Part III of that From in original on....(date) with the request that he shall arrange for the medical examination of the applicant by the proper medical authority as early as possible within three months from the ................................(here enter the date) but not earlier than..........(here enter the date of retirement)..............and inform the applicant direct in sufficient time where and when he should appear for the examination. The next birthday of the applicant falls on........................(date) and his medical examination may be arranged before that date, if possible, unless the applicant desires that it would be held after that date but within the period prescribed in the sanctioning order.

Signature and designation of the sanctioning authority.

Form—29

(IAF-340 B)

Part I

Subject to the medical authority's recommending commutation, the lump sum payable shall be as stated below-

 

Signature of the sanctioning authority.

The commutation for a lump sum payment of the pension of..............is administratively sanctioned on the basis of Part I above. The table of present values, on the basis of which calculations in Part I have been made is subject to alteration at any time without notice, and consequently they are liable to revision before payment is made. The sum payable shall be the sum appropriate to the applicant's age on his birthday next after the date on which the the commutation becomes absolute or, if the medical authority directs that years shall be added to that age, to the consequent assumed age.

2. The..........(here enter the designation and address of the Chief Administrative Medical ........Officer)

has been requested to arrange for the Medical examination and inform Shri.......direct where and when he should appear for the examination. He should bring with him the enclosed Form 30 with the particulars required in Part I thereof completed except for the Signature.

Station.............

Signature.............

Designation..............

Date.................

To..................

(the name and the address of the applicant)

Instructions. — (1) If the medical examination is conducted by a single medical officer, the applicant shall himself pay the medical officer’ fee but if he is originally examined by a civil medical board, he shall pay a fee of rupees four into a government treasury and make over before examination, the receipt for the fee to the board together with an additional fee of rupees twelve in cash. If the pensioner is examined by a Service board, no fee shall be paid by him in respect of his first examination.

(2) If a pensioner, who has once been refused commutation on medical grounds or has once declined to accept commutation on the basis of an addition of years to his actual age, applies for a second medical examination, the entire expenses of such examination shall be borne by him and no refund shall be paid to him irrespective of the result of re-examination.

Form 30

(IAFA-340-C)

Medical examination by the..................(here enter the medical authority)

Part I

Statement by the applicant for commutation of a portion of his pension.

The applicant must complete this statement prior to his examination by the .................(here enter the medical authority) and must sign the declaration appended thereto in the presence of that authority.

1. Name in full (in BLOCK letters)
2. Date of birth
3. Have you ever been granted leave on medical grounds? If so, state the period of leave and nature of illness?
4. Has any application for insurance on your life ever been declined or accepted at an increased premium?
5. (a) Have you ever been told that you have albumen or sugar in the urine?

(b) Do you get up at night to urinate.

(c) Are you now or have you ever been on special diet for your health?

(d) Has there been any marked increase or decrease in your weight within the past three years? If so, how much?

6. Have you been under the treatment of any medical practitioner within the last three months? If so, for what illness ?

Declaration By Applicant

(To be signed in the presence of the medical authority)

1. I declare that all the answers given above, are to the best of my belief, true and correct.
2. I shall reveal fully to the medical authority all the circumstances within my knowledge that concern my health.
3. 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 regulation 8 of the Navy (Pension) Regulations, 1964.

Signed in the presence of.............

(Applicant’s signature)

Signature and designation of the medical authority.

Part II

(To be filled by the examining medical authority)

1. Apparent age
2. Height 3 Weight
3. Girth of abdomen at level of unbilicus
4. (1) Pulse rate—

(a) Sitting

(b) Standing

(2) What is the character of pulse ?

6. What is the condition of arteries?
7. Blood pressure—

(a) Systolic

(b) Diastolic

8. Is there any evidence of disease of the main organs—

(a) Heart

(b) Lungs

(c) Liver

(d) Spleen

9. Does chemical examination of urine show (i) albumen (ii) Sugar

(2) State specific gravity

10. Has the applicant a rupture? If so, state the kind and if reducible.
11. Describe any scars or identifying marks.
12. Any additional information.

Part III

1/We have carefully examined.....................and am/are of opinion that:—He is in good bodily health and has the prospect of an average duration of life.

Or

He is not in good bodily health and is not a fit subject for commutation.

Or

Although he is suffering from............... he is considered a fit subject for commutation but his age for the purpose of commutation that is the age next birthday should be taken to be.....................(in words) years more than his actual age.

Station.........

Left hand thumb impression or signature of the applicant

Date..........

Signature and designation of the examining medical authority Reviewing Medical Authority]

Appendix IX

(See Regulation 162)

 

(3) The following "Notes" shall be inserted at the end, namely:

Note 1. — Form MPB-510/Pensions is used for parents and Form MPB-511/pensions is used for brother and sisters.

1. - All cases of death from disease, accidental injury, suicide or murder, regardless of the circumstancers, in which the invalidation or death occurred shall be submitted by the Commodore Naval Barracks, to the Controller of Defence Accounts (Pensions) as claims for family pension, with the exception of the under-mentioned type of cases namely:—

(1) Cases where an individual outlives a normal span of life, that is where death takes place at the age of sixty years or above.

(2) Cases where an individual was discharged on other than medical grounds with a service pension or gratuity and the cause of death is other than a disease.

(3) 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: Provided that doubtful cases amongst the excepted categories referred to above shall be referred to the Controller of Defence Accounts

(Pensions) for decision.]

Appendix X

(See Regulations 179,188,193)

List-I

List of Civil Treasuries at which pensions paid from defence Services estimates are disbursed and Officers responsibilities for payment

Andhra Pradesh

LIST - H

List of Treasury Chest Offices at which Defence Pensions are paid

Appendix X-Contd.

LIST No. III

List of post Offices in Punjab, Himachal Pradesh, Jammu & Kashmir State and Delhi Administration Authorised to Disburse Payment of Pension to Defence Pensioners

NOTE :-Only pensioners below officer rank and their families are paid through Post Offices. Other pensioners are paid through Civil Treasuries)

LIST No. IV

List of Pension Pay Masters Disbursing Pensions to Defence Pensioners

Appendix XI

(See Regulation 192)

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 Jammu 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.

[Ministry of Defence]

Note.-For all subsequent notifications, whether principal or amending, issued under the Navy Act, 1957 (62 of 1957), please see Supplement to General Statutory Rules and orders, Volume III.