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Unless otherwise provided, these regulations shall apply to the personnel of the Army and all claims to pension, gratuity or allowance shall be regulated by the regulations in force at the time of an individual's retirement, release, resignation, discharge, etc. As the case may be. Any doubt or difference of opinion regarding interpretation of these regulations or any particular regulation shall be referred to the entral!overnment whose decision thereon shall be final.
Unless otherwise provided, these regulations shall apply to the personnel of the Army and all claims to pension, gratuity or allowance shall be regulated by the regulations in force at the time of an individual's retirement, release, resignation, discharge, etc. As the case may be. Any doubt or difference of opinion regarding interpretation of these regulations or any particular regulation shall be referred to the entral!overnment whose decision thereon shall be final.
Unless otherwise provided, these regulations shall apply to the personnel of the Army and all claims to pension, gratuity or allowance shall be regulated by the regulations in force at the time of an individual's retirement, release, resignation, discharge, etc. As the case may be. Any doubt or difference of opinion regarding interpretation of these regulations or any particular regulation shall be referred to the entral!overnment whose decision thereon shall be final.
____________________________________________________________________________________________________________________ Chapter-I GENERAL Extent of Application 1. Unless otherwise provided, these Regulations shall apply to the personnel of the Army and all claims to pension, gratuity or allowance shall be regulated by the regulations in force at the time of an individual's retirement, release, resignation, discharge, death, etc. as the case may be. Interpretation of Regulations 2. Any doubt or difference of opinion regarding interpretation of these regulations or any particular regulation shall be referred to the entral !overnment whose decision thereon shall be final. ases not covered by the regulations but deemed worthy of special consideration may be submitted" to the !overnment through usual channels and the Accounts #fficer concerned. Definitions 2"A. Unless there be something repugnant in the sub$ect of conte%t, the terms defined in this chapter are used in the regulations in the sense here e%plained& '1( Accounts Officer )hall mean *A '+ensions(, *A '#Rs( or *A '#fficers(, as the case may be. '2( Active List )hall mean service in the Army whether on full pay or otherwise before retirement and shall not include recalled or re"employed service. ',( Officers on the )hall mean #fficers of the Army whether on full pay or Active list otherwise before their retirement, and shall not include officers who have retired and are subse-uently recalled to service or are re"employed. '.( Pension )hall include gratuity e%cept when it is used in contradiction to term gratuity. '/( Public clai )hall be held to mean any public debt or disallowance including any over issue made through an error as to the facts, or a deficiency or irregular e%penditure of public money or stores of which after due investigation, no e%planation satisfactory to the +resident is given by the person who is responsible for the same. '0( !ualif"ing colour )hall mean all service 'including service as a non" service combatant( which under any general or special orders -ualifies for pension as a combatant '1( Retire# List )hall mean period after an officer has retired from service and shall include recalled or re"employed service. __________________________________________________________________ ____________________________________________________________________________________________________________________ R2 3#43A2A 1 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ *efinitions as stipulated vide !#5 6o 1 '/(7817* '+ensions7)ervices(, 9inistry of *efence, 6ew *elhi dated ,:71:71;81. 2he +ara numbers detailed herewith are that of the letter referred above. )ince this is ver"betim reproduction of the paras of above referred letter, AU2<#R52= as such may be -uoted. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> $% Rec&onable Eoluents' ,.1. 2he term ?Rec@onable AmolumentsB shall mean& Eoluents rec&onable for ategory Retiring7)ervice +ension All types of !ratuities and Camily pension 'ordinary, special and liberalised special( and war in$ury pension. #fficers Average of the pay, 6on" practicing allowance '6+A( and ran@ pay, if any, drawn by the officer during the last 1: months of his service. +ay +lus 6+A and ran@ pay, if any, last drawn by the officer. +ersonnel below officer ran@ 9a%imum pay of the pay scale including /:D of the highest classification pay, if any, of the ran@ held and group in which paid continuously for at least 1: months at the time of discharge. +ay including classification pay, if any, last drawn by the individual. Pa"( Non-Practicing Allo)ance( Classification Pa" an# Ran& Pa"' ,.2. 2he terms Epay', E6+A', Elassification +ay' and ERan@ +ay' referred to in +ara ,.1 shall mean respectively the basic pay in the revised pay scales, 6on"practicing allowance, lassification pay and the ran@ pay introduced with effect from 1"1"80, vide the following service 5nstructions 'a( *or +ervice Officers A5 1")"81 dated 20"/"81, as amended 65 1")"81 dated 11"0"81 AC5 1")"81 dated 20"/"81 'b( *or Personnel- belo) officer ran& A5 ,")"80 dated 1,"1:"80 as amended Al .")"80 dated 1,"1:"80 65 1")"80 dated 11"1:"80 ____________________________________________________________________________________________________________________ R2 3#43A2A 2 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ AC5 1")"80 dated 1,"1:"80 ,.,. 5n the case of individuals who opt to continue to draw pay in the pre"revised scales beyond ,1"12"8/ and remain in that scale till retirement7invalidment7death in harness the term FpayG 'referred to in +ara ,.1( will comprise of the following 'a( Officers' Hasic pay in the pre"revised scales and appropriate 6on"practicing allowance, if any, plus dearness allowance, additional dearness allowance and adhoc dearness allowance admissible up to +5 0:8 in terms of this 9inistryBs letter 6o. 12 '1(78/7* '+ay7)ervices( Iol. 55 dated 28"2"1;80 appropriate to the basic pay including 6+A, if any( plus two instalments of interim relief at the rates in force on ,1."12"1;8/ appropriate to the said basic pay. 'b( Personnel belo) officer ran& ,inclu#ing NCs -E./ ' Hasic pay in the pre" revised scales plus pre"revised rates of good service pay7badge pay7appointment pay7/:D of the highest classification pay, appropriate to the pay group, if any, plus appropriate dearness allowance and additional dearness allowance admissible up to average +5 0:8 in terms of this 9inistry's letter 6o. 12 '1( 8,7* '+ay7)ervices( Iol. 5l dated 28"2"1;80 plus two instalments of interim relief at the rates in force on ,1"12"1;8/, and also the <ome saving element. Cor calculation of gratuity and family pension, classification pay actually drawn will be included in computing rec@onable emoluments. Notes-'1( Jhere an officer immediately before his7her retirement or death while in service had been absent from duty on leave 'including furlough leave( for which leave salary is7was payable or having been suspended had been re"instated without forfeiture of service, the emoluments which he7she would have drawn had he7she not been absent from duty or not been suspended shall rec@on for pensionary benefits. +rovided that any increase in pay 'other than the increment referred to in 6ote . below( which is7was not actually drawn shall not form part of emoluments. '2( Jhere an officer immediately before his7her retirement or death while in service had proceeded on leave for which leave salary is payable, after having held a higher paid acting ran@, the emoluments drawn in such paid acting ran@ shall rec@on for pensionary benefits only if it is certified that he7she would have continued to hold the paid acting ran@ but for his7her proceeding on leave. ',( Jhere an officer immediately before his7her retirement or death while in service had been under suspension, or absent from duty the period whereof does not count as service, the emoluments which he7she drew immediately before such absence from duty or being placed under suspension, shall rec@on for pensionary benefits. '.( Jhere an officer immediately before his7her retirement or death while in service, was on annual leave, or furlough leave and earned an increment which ____________________________________________________________________________________________________________________ R2 3#43A2A , ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ was not withheld, such increment, though not actually drawn, shall form part of emoluments rec@onable for pensionary benefits. +rovided that the increment was earned during the currency of such leave not e%ceeding 12: days or during the first 12: days of the leave where such leave was for more than 12: days '/( Jhere an officer is serving in an organisation other than the Armed Corces, the actual pay and allowances drawn during such service shall not be treated as emoluments, but the basic pay 'plus 6+A and the ran@ pay, if any( which he7she would have drawn in the Armed Corces, had he7she not been on such service shall alone be treated as emoluments rec@onable for pensionary benefits. 0% Average Eoluents' ..1. Average Amoluments in the case of officers shall be determined with reference to the emoluments drawn by him during the last 1: months of his service. ..2 5n the case of officers who have opted for the revised scale of pay and have retired within 1: months of coming over to the revised pay scale, the Kaverage payK for 1: months period preceding retirement shall be calculated b ta@ing into account a as follows &" 'a( Cor the period during which pay was drawn in the pre" revised scales. Hasic pay and 6+A, if any, plus actual *A7A*A7Adhoc *A and interim relief appropriate to the basic pay 'including 6+A, if any( at the rates in force on ,1" 12"1;8/, drawn during the relevant period and 'b( Cor the period during which pay is drawn in the revised scales Hasic pay in the revised scale plus 6+A and ran@ pay, if any. Notes &"'1( 5f during the last, 1: months of his7her service an officer had been absent from duty on leave for which leave salary is payable or having been suspended, had been re"instated without forfeiture of service, the emoluments which he7she would have drawn had he7she not been absent from duty or suspended, shall be ta@en into account for determining the average emoluments. +rovided that any increase in pay 'other than the increment referred to in 6ote ,( which is not actually drawn shall not form part of his emoluments. '2( 5f during the last 1: months of the service, an officer had been absent from duty or had been under suspension the period whereof does not count as service, the aforesaid period of absence from duty or suspension, shall be disregarded in the calculation of the average emoluments and e-ual period before the 1: months shall be included. ____________________________________________________________________________________________________________________ R2 3#43A2A . ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ ',( 5n the case of an officer who was on annual leave or furlough leave during the last 1: months of his service and earned an increment, which was not withheld, such increment though not actually drawn, shall be included in the average emoluments. +rovided that the increment was earned during the currency of such leave not e%ceeding 12: days or during the first 12: days of leave where such leave was for more than 12: days 1% !ualif"ing +ervice' 'a( 2he term ?Lualifying )erviceB 'L)( shall mean" Categor" !ualif"ing service rec&onable for Pension Death-Cu-Retireent Gratuit" Retiring2 +ervice2 Invali#2 3erinal Gratuit" Retireent Gratuit" Death Gratuit" Officers +ersonnel below officer ran@'including plus a weightage 6s 'A( and <onorary Actual -ualifying service rendered by the officer plus a weightage 'in years( appropriate to the ran@ last held as indicated in'b( below sub$ect to the total -ualifying service including weightage not e%ceeding ,, years. Actual -ualifying service rendered by the individual of / years sub$ect to the total -ualifying service including weightage not e%ceeding ,, years. Actual -ualifying service plus a Jeightage of / years sub$ect to the total -ualifying service including weightage not e%ceeding ,, years. )ame as above Actual -ualifying service rendered plus a weightage of / years sub$ect to total -ualifying service not e%ceeding ,, years. 5n case actual service is less than / years no weightage shall be given. )ame as above Actual -ualifying service rendered. )ame as above ____________________________________________________________________________________________________________________ R2 3#43A2A / ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ ommissioned #fficers
'b( Jeightage for the purpose of calculation of pension of ommissioned #fficers will be as given below& " -i. +ervice Officers -other than 4N+. Ran& AR45 NA65 AIR *ORCE 7eightage in "ears )ubaltern )ub. 4t. +lt. 7Clg #ffr. ; aptain 4t. Cit. 4t. ; 9a$or 4t. dr. )-n. 4dr. 8 4t. ol '2)( dr. '2)( Jg. dr, '2)( / 4t. ol ')( dr. ')( Jg. dr. ')( 1 ol. aptain 'Jith less than , years1: months service( !p. apt. Hrig. apt. 'Jith , years 1: months service M more( Air rude. / 9a$. !en. Rear Admiral AI9 , 4t. !en, Iice Admiral Air 9arshal , 4t. !en.7 'Army ommander(7 I#A) Iice Admiral,7 'C#s"in" (7I6) Air 9arshal7 A#s"in"(7 IA) , #A) 6) A) , -ii. 4N+ Officers' Ran@ Jeightage in years aptain 1 9a$or 0 4t. ol. / ol. / Hrig. / ____________________________________________________________________________________________________________________ R2 3#43A2A 0 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 9a$. !en. , Notes' '1( 2here will be no weightage for officers and personnel below officer ran@ who retire prematurely for permanent absorption in public sector underta@ings and autonomous bodies. '2( 2here will be no weightage for officers and personnel below officer ran@ of the 2erritorial Army. ',( 2he above weightage shall not be rec@oned for"determining the minimum -ualifying service specified for admissibility of Retiring7)ervice pension i.e. 2: years for service officers '1/ years for late entrants(, 1/ years for personnel below officer ran@ and 2: years for 6s 'A(. '.( Cull pre"commissioned service rendered under the entral !overnment whether in a civil *epartment or in the Armed Corces, shall be ta@en into account for wor@ing out the -ualifying service for earning pensionary benefits sub$ect to fulfillment of other conditions. 2his will also be counted" for determining the minimum -ualifying service indicated in 6ote , above for earning Retiring7)ervice pension. '/( 5n calculating the length of -ualifying service, fraction of a year e-ual to three months and above but less than 0 months shall be treated as a completed one half year and rec@oned as -ualifying service. N*efinitions as stipulated vide 97* letter dated ,:"1:"81 endsO __________________________________________________________________ *ull Rate of Pension or Gratuit" not invariabl" A#issible $% Obsolete N2his Regulation previously stipulated that full rate of pension or gratuity shall not be granted unless the service rendered has been satisfactory. <owever the re-uirement of K)atisfactory )ervice ertificateK has been dispensed with vide 9.* '+ension7)ervices( 6o. 1'/(7817* dated ,:P1:P1;81O. Re#uction in Pension to be in )hole Rupees ,"A 2he reduction in pension, if effected under any of these regulations, will be in whole rupees only so that the resultant pension may be paid in whole rupees even after effecting reduction. Grant of Provisional Pension ,"H. 'a( 'i( A service personnel 'including a ommissioned #fficer( against whom any departmental or $udicial proceedings are pending or instituted after retirement in respect of an event which too@ place not more than . years before such institution, may on his retirement on attaining the age of compulsory retirement or otherwise, be authorised a payment of provisional pension not e%ceeding the ____________________________________________________________________________________________________________________ R2 3#43A2A 1 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ ma%imum pension which would have been admissible to him on the basis of -ualifying service up to the date of retirement or if he was under suspension on the date of retirement up to the date immediately preceding the date on which he was placed under suspension. 'ii( 2he provisional pension may be authorised during the period commencing from the date of retirement up to and including the date on which, upon conclusion of the departmental or $udicial proceedings, final orders are passed by the competent authority. 'iii( 6o gratuity 'including retirement gratuity( shall be authorised until the conclusion of such proceedings and issue of final orders thereon. 'iv( 6o commutation of the provisional pension shall be permitted. 'b( +ayment of provisional pension as mentioned in sub"clause 'a( 'i( above shall be ad$usted against the final retirement benefits that way be sanctioned to such service personnel upon conclusion of such proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or where final pension is reduced or withheld either permanently or for a specified period. ,Grant of Pension is sub8ect to future goo# con#uct Q.. Cuture good conduct shall be an implied condition of every grant. of a pension or allowance and its continuance under these Regulations. Note for the Rea#ers&"'1( 2he competent authority may, by order in writing, withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct. +rovided that where a part of pension is with held or withdrawn, the amount of such pension shall not be reduced below the amount of rupees three hundred and seventy five per month. '2( Jhere a pensioner is convicted of a serious crime by a court of law, or is found guilty of grave misconduct, action under '1( above shall be ta@en in the light of the $udgment of the court relating to such conviction. ',( 5n cases failing under '2( above, as well as other cases where the competent authority consider that the pensioner is prima facie guilty of grave misconduct, the competent authority before passing an order under '1( above shall, 'a( serve upon the pensioner a notice specifying the action proposed to be ta@en against him and the ground on which it is proposed to be ta@en against him and calling upon him to submit, within fifteen days of the receipt of the notice or such further time not e%ceeding fifteen days as may be allowed by the competent authority, such representation as he may wish to ma@e against the proposal, and ____________________________________________________________________________________________________________________ R2 3#43A2A 8 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'b( 2a@e into account consideration of the representation, if any, submitted by the pensioner under clause 'a(. '.( An appeal against an order under '1( above, passed by any authority other than the +resident, shall lie to the +resident and the +resident shall pass such orders on the appeal as he deems fit. E9PLANA3ION' 'a( the e%pression Eserious crime' or offence means a crime or an offence under the 5ndian +enal ode or #fficial )ecrets Act or any other law for the time being in force in the country for which the ma%imum punishment prescribed under the law is imprisonment for a period of three years or more with or without a fine. N97* 6o. 12'11(7 807*'+en7)er( dated 2;78788O 'b( the e%pression Egrave misconduct' includes the communication or disclosure of any secret official code or password or any s@etch, plan, model, article, note, document or information, such as mentioned in section / of the #fficial )ecrets Act 1;2, '1; of 1;2,( 'which was obtained while holding office under the !overnment( so as to pre$udicially affect the interest of the general public or the security of the )tate. 'c( 2he term K+ensionK shall mean any type of pension admissible under these rules.O Q Note for Rea#ers-+ensions are not in the nature of reward but there is a binding obligation on !overnment which can be claimed as right. 2heir forfeiture is only on resignation, removal or dismissal from service. After a pension is sanctioned its continuance depends on future good conduct vide Regulations . of +R5 but it can not be stopped or reduced for other reasons NAuth& !1, 9A U# 6o *"21107A. I7/2, *ated the 8th 9ay, 1;/;O. Pension a" be )ithhel#( suspen#e# or #iscontinue# or pai# to )ife( or other #epen#ants /. 'a( 5n 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 Retirement !ratuity( to be granted or granted to an individual. 5n e%ceptional cases payment of part or whole of the pension, allowance or gratuity withheld or suspended may by order of the +resident, be made to the wife or other dependant 's( of the pensioner. 'b( 2his Regulation may be invo@ed under the following circumstances " 'i( #ffences against the )tate as listed in hapter I5 of the 5ndian +enal ode, as amended from time to time. 'ii( #ther serious crimes under 5.+.., #fficial )ecrets Act or any other special 4aw of the 4and and grave misconductR ____________________________________________________________________________________________________________________ R2 3#43A2A ; ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'iii( 2o recover the whole or part of any pecuniary loss caused to the !overnment in cases where in any departmental or $udicial proceedings, the pensioner7individual is found guilty of misconduct or negligence committed during the period of service including service rendered on re"employment after retirement7discharge, leading to the said lossesR 'iv( UnauthoriSed continuing to occupy .the residential accommodation including hired one provided by the !overnmentR 'v( Jhen a report is received after sanctioning the pension, that departmental or $udicial proceedings 'for the offences committed while in service or during the period of re"employment( are in progress against the individualR 'vi( Jhen an individual obtains re"employment after retirement without obtaining prior permission of the competent authority as prescribed from time to timeR 'vii( Any other circumstances considered special by the +resident( 'c( 5n applying the provisions of this Regulation the procedure laid down in hapter 5I"A of +art 55 of these Regulations shall be followed. Explanation-2he word pension as used in this Regulation means Retring7service, disability, invalid or family pension, as the case may be. Personnel in Civil Governent Eplo"ent 0. 'a( An individual loaned for civil !overnment employment irrespective of whether he is on civil or army rates of pay will be governed by the civil e%tra" ordinary pension rules for the purpose of an e%tra"ordinary pensionary award in respect of in$uries received or death met during such employment. 2he benefits admissible for the purpose of similar awards under Army Regulations will be allowed in rela%ation of the provisions of the civil e%tra."ordinary pension rules, if these benefits are more advantageous than those admissible under the civil rules. 'b( 2he family of an individual who is awarded an e%tra"ordinary family pension under the civil rules or special family pension under the Army rules will not be entitled to an ordinary family pension under any of these rules. Pensioner re-eplo"e# or continuing: to be eplo"e# in a civil capacit" 1. An individual in receipt of a pension under these Regulations in respect of his service in the *efence )ervices, who is re"employed in a civil capacity under any #ffice7*epartment79inistry of the entral !overnment including the 9inistry of *efence or under a )tate !overnment or Administration, or who is granted such pension under these Regulations while serving in such civil capacity shall, in respect of his pension under, these Regulations, be sub$ect to the provisions of ____________________________________________________________________________________________________________________ R2 3#43A2A 1: ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Article /1:"H or /20 of the ivil )ervices Regulations, or corresponding rules of the )tate !overnments7Administrations, as the case may be. Continuance or Discontinuance of Pension )hen nationalit" is change# 8. Jhen a person who is receipt of a pension or allowance under these regulations becomes a naturalised citiSen of a foreign state, the *A '+( may decide after consideration of the circumstances of the case, that the whole or part of the pension or allowance be discontinued. +rovided that decision to discontinue the pension or allowance, in whole or in part thereof, under this regulation, shall not be ta@en unless the person concerned has been given an opportunity to ma@e his representation and the representation has been considered by the *A '+(. __________________________________________________________________ CGDA;s Decision hange of religion does not affect the right of pension vide !*A's 6o 1:0:;7At dt.2/"1"/1. __________________________________________________________________ *raction of a "ear e<ual to $ onths an# above but less than = onths shall be treate# as a coplete# one half "ear ;. 5n calculating the length of -ualifying service, fraction of a year e-ual to three months and above but less than 0 months shall be treated as a completed one half year and rec@oned as -ualifying service. 1:. *eleted 11. 5f any compensation is paid from public revenues for death in circumstances in which a special family pension is admissible under these Regulations, the pension e-uivalent of the compensation paid shall be deducted from the special family pensionary awards admissible but in no case the residual pensionary awards shall be less than the ordinary family pension. 12 and 1, Hlan@ ____________________________________________________________________________________________________________________ R2 3#43A2A 11 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Chapter-II CO44I++IONED O**ICER+ +EC3ION-I GENERAL Extent of Application 1.. 2he Regulations in this chapter shall apply to all commissioned officers of the Army including those of the 9ilitary 6ursing )ervice. Late Entrants 1/. Cor purposes of the regulations in this hapter, a Flate entrantG is an officer who is retired on reaching the prescribed age limit for compulsory retirement with at least 1/ years commissioned service 'actual( -ualifying for pension but whose total -ualifying service is less than twenty years 'actual(. Officers cashiere#( #isisse#( reove# or calle# upon to retire% 10. '1( ashiering, dismissal or removal of any officer from service shall entail forfeiture of past service. '2( An officer who is cashiered or dismissed or removed from service, shall forfeit his pension7retiring gratuity and retirement gratuityR +rovided that the +resident may, if the case is deserving of special consideration, sanction a compassionate allowance not e%ceeding two thirds of the pension or retirement gratuity or both which would have been admissible to him had he retired on the same date in the normal manner. ',( An officer who is compulsorily retired from service or is called upon to retire or to resign or in the event of his refusing to do so, is retired from service may, at the discretion of the entral !overnment, be granted a compassionate allowance at a rate not e%ceeding the pension7retiring gratuity and retirement gratuity which would have been admissible to him if he had retired on the same date in the normal manner. Retire# Officers re-eplo"e# in an eergenc" an# Officers of the Regular Reserve recalle# to service Q11. 'a( 2he pension of a retired officer who is re"employed in an emergency in a military capacity and of a class T reserve officer recalled to service shall be held in abeyance during the period of re"employed7recalled service. <owever, an officer in receipt of a disability pension will continue to draw the disability element of his pension. 'b( 2he re"employed7recalled service shall not earn either an increase in pension or any gratuity N)ee Al /178:O N+rovided that officers recalled or reemployed during emergency shall be eligible for terminal gratuity at a rate e-ual to the retiring gratuity admissible to the ____________________________________________________________________________________________________________________ R2 3#43A2A 12 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ permanent regular commissioned officers. )ervice rendered up to the date of release from recalled7re"employed service or up to 0 months from the date the emergency is declared to be over, whichever is earlier, shall -ualify for terminal gratuity, under this proviso. NO3E+' 'i( An officer who resigns or is permitted to resign his commission shall not be eligible to terminal gratuity. 'ii( An officer who is discharged on account of inefficiency or for a moral turpitude shall not be granted any gratuity. 'iii( 2he terminal gratuity of an officer who -ualifies for it but dies before it is admitted will be paid to his legal heir. 'iv( A recalled officer who holds a civil appointment on pensionable establishment will not be eligible for terminal gratuity for the recalled service. *efence )ervices shall also not bear the pensionary liability for this service. 'v( )imilarly recalled officers holding civil appointments including those in semi"!overnment organisations, public sector underta@ings and corporations 'li@e 4ife 5nsurance orporation and so on( on contributory provident fund basis, shall not be entitled to the terminal gratuity and in their case employer's share of the contributory provident fund shall also be borne by the parent civil office concerned.O QAmended vide A5 .7))7/1 and A5 11110. Acceptance of eplo"ent b" officers )ho are grante# pension( gratuit" or other benefit 18. 'a( ommercial employment after retirement. 5f an officer who held the ran o o one a above, whether"in substantive capacity or otherwise immediately before retirement and who is granted or is li@ely to be granted a pension7gratuity 'including Retirement !ratuity( or other benefits in respect of his7her Army service wishes to accept any commercial employment, before the e%piry of two years from the date of his7her retirement, he7she shall obtain the prior sanction of the !overnment to such acceptance and no pension shall be payable to him7her if he7she accepts a commercial employment without such sanction in respect of any period for which he7she is so employed or for such longer period as the !overnment may direct. +rovided that such an officer who was permitted by !overnment to ta@e up a particular form of commercial employment during his7her leave preparatory to retirement or during refused leave shall not be re-uired to obtain subse-uent permission for his7her continuance in such employment after retirement. Note >%2he e%pression Fcommercial employmentG means& " ____________________________________________________________________________________________________________________ R2 3#43A2A 1, ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'a( An employment in any capacity including that of an agent under a company, co"operative society, firm or individual engaged in trading, commercial, industrial, financial or professional business and includes also a directorship of such company and partnership of such firm, but does not include employment under a body corporate, wholly or substantially owned or controlled by the !overnment. 'b( )etting 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 -ualifications and the matters in respect of which the practice is to be set up or is carried on are relatable to his official @nowledge or e%perience, or 'ii( has professional -ualifications but the matters in respect of which such practice is to be set up are such as are li@ely to give his clients an unfair advantage by reason of his previous official position. 'c( Amployment, where the pensioner has to underta@e wor@s involving liaison or contact with the offices or officers of the !overnment. Note' ?% 2he e%pression Kemployment under a o"operative )ocietyK includes the holding of any office, whether elective or otherwise, such as that of +resident, hairman, 9anager, )ecretary, 2reasurer and the li@e, by whatever name called in such )ociety Note' $% 2he e%pression F*ate of retirementG in relation to an officer re"employed after retirement, either in the same or in any other e-uivalent post in the Armed Corces including 6 etc. mean the date on which such officer finally ceases to be so reemployed in the *efence )ervices.G 18. 'b( Amployment of officers allowed to retire pre"maturely at their own re-uest. An officer of the ran@ of olonel an above allowed to retire prematurely at his7her own re-uest shall obtain the permission of the +resident before accepting employment, in a civil post under the entral or )tate !overnment or Union 2erritory Administration7!overnment, or in a post under a Hody orporate owned or controlled by the !overnment before the e%piry of two years from the date his7her Army )ervices ceases, such permission will not however be re-uired if the officer had retired from Army )ervice in normal course on completion of the standard service prescribed for his7her ran@ and if he7she had been invalided from Army )ervice on grounds of ill health or physical disability. )uch 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 e%ceeding one month( than the due date. Eplo"ent after retireent un#er a Governent outsi#e In#ia 1;. A ommissioned #fficer who wishes to accept any employment under any !overnment outside 5ndia shall obtain prior permission of the +resident for such acceptance. 6o pension shall be payable to a pensioner who accepts such an ____________________________________________________________________________________________________________________ R2 3#43A2A 1. ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ employment without prior permission to respect of any period for which he7she is so employed or such longer periods as the +resident may direct. !ratuity where due but, not already paid, shall also be liable to be forfeited in part or in full as the +resident may at his discretion decideR +rovided that such an officer who was permitted by the +resident to ta@e up a particular form of employment under any !overnment outside 5ndia during his7her leave preparatory to retirement shall not be re-uired to obtain subse-uent permission of his7her continuance in such employment after retirement. Note' Cor the purpose of this Regulation, the e%pression Femployment under any !overnment outside 5ndiaG includes employment under a local authority or corpora ton or any other institution or organisation which functions under the supervision or control of !overnment outside 5ndia, or an organisation of which !overnment of 5ndia is not a member. 5n this connection it may be added that permission will not be granted for acceptance of employment under a Coreign 9ission in 5ndia before e%piry of at least , years from the date an officer ceases to be in Army )ervice. 2: and 21 Hlan@ ____________________________________________________________________________________________________________________ R2 3#43A2A 1/ ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ +EC3ION-II RE3IRING PEN+ION AND GRA3@I35 +ub-+ection I- General Retiring Pension an# Gratuit"-)hen a#issible 22. An officer permitted to retire from service may be granted a retiring pension or gratuity in accordance with the regulations in this chapter by the competent authority '+resident( 2, and 2. Hlan@ +ub-+ection II Q#fficers other than 9ilitary 6ursing #fficer 9inimum Lualifying )ervice 2/. 'a(QQ 2he minimum period of -ualifying service 'without weightage( actually rendered and re-uired for earning a retiring pension shall be 2: years '1/ years in the case of late entrants(. 'b( 2he minimum period of -ualifying service actually rendered and re-uired to earn retiring gratuity shall be 1: years. N2he retiring gratuity shall be admissible only when one has not rendered the minimum -ualifying service for earning retiring pension indicated in 'a( above.O QNote for rea#ers- 2hough w.e.f. 1"1"8: there is uniform procedure for all arms of officers including 96) and 2erritorial army officers vide !#5, 9* '+ension7)ervices( 6o 1'/(781 dated ,:"1:"81, the ). A. ). e%aminees are re-uired to -uote the rule position as detailed in this boo@ which has different sub sections for 96) and 2A officers. QQ Amended vide 9#* letter 6o. 080;;7!)72A,'a(71:087H7* '!)"I5( dated 17178:. !ualif"ing +ervice for Pension 20. 2he following periods of service -ualify for pension as commissioned officer& 'a( ommissioned )ervice")ervice as a permanent regular commissioned officer and, if it is preceded without a brea@, previous service as commissioned officer in the 5ndian Army, 6avy and Air Corce, irrespective of the type of commission, $ointly or severally, sub$ect to the refund in the prescribed manner to the !overnment, of the gratuity, if any, other than war gratuity, received in respect of such service. +rovided that 'i( any service which was forfeited by special orders, and ____________________________________________________________________________________________________________________ R2 3#43A2A 10 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'ii( any period of unauthorised absence unless pay and allowances are admitted for the period of absence, shall not be regarded as -ualifying service, nor any period of antedate e%cept as provided in clause 'g(. 'b( +ervice in the Ran& belo) that of Coissione# Ran&-)ervice in the Armed Corces in the ran@ below that of commissioned officer, if followed by permanent regular commissioned service without a brea@, sub$ect to the refund in the prescribed manner to the !overnment, of the gratuity, if any, other than war gratuity, received in respect of such service. 'c( Perio# of leave"All leave including study leave. Any period of leave without pay shall not however -ualify unless specifically authorised by !overnment. 'd( Perio#s of suspension fro #ut" b" or#er of a copetent authorit"-2he period of suspension in the case of an officer, who is not brought to trial or who emerges from a summary trial or court martial with results favourable to him. 5n all other cases, the period passed under suspension shall count for pension only under the orders of the +resident. Note' Jhile maintaining the records of service officers under suspension specific entry as to whether the period of suspension shall be ta@en as -ualifying towards counting of service for pension or gratuity shall be made. 5n the absence of any specific entry the period of suspension shall be ta@en as counting towards the -ualifying service.O NAuth& "9#* 6o A7.;0:0717A!7+) .'a(728//77*7 '+en7ser( dated ,171:71;O 'e( +ervice on #eputation un#er Civil Departent or +tate Governent or a 4unicipalit" or a *oreign Governent- 'i( )ervice under an #ffice7*epartment79inistry of the entral !overnment or under a )tate !overnmentR 'ii( )ervice under a foreign !overnment or a local body or an autonomous orporation or a 9unicipality or other 5nstitution, provided that a pension contribution is paid to the entral !ovt. by the officer himself or by the borrowing authority, if the contribution is under general or special, arrangement to be borne by the latter. 'f( +revious civilian service"Any period of civil service, if followed by military service, without a brea@, and sub$ect to the condition that gratuity, if any, received n respect of such service being refunded to the !overnment in the prescribed manner. 'g( +eriod of antedate of commission and secondment in the case of officers of the A9 and Army *ental orps. 2he period of antedate of commission granted to an officer in respect of an approved whole time appointment held in a recogniSed civil hospital prier to commissioning and7or possession of a post"graduate diploma7higher -ualificationsR and the periods of secondment of an officer for the ____________________________________________________________________________________________________________________ R2 3#43A2A 11 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ purpose of attending a course in a recogniSed institution sub$ect to the following ma%ima" Ante"date of ommission..........18 months )econdment ..........12 months Jhen both ante"date and .......... 2. months )econdment has been granted. +rovided that in the case of an officer who obtains a post"graduate diploma or higher -ualifications while in civil service or in temporary military service, the periods of ante"date given for such higher -ualifications shall not be allowed to count for pension7gratuity if such civil service or temporary military service counts for pension or gratuity as a commissioned officer. <owever, if the post"graduate diploma or higher -ualification is ac-uired either before $oining the civil service or after leaving the civil service and before $oining the A9 or Army *ental orps, the periods of antedate granted on account of such higher -ualifications will continue to rec@on for pension under the e%isting rule. 5n all cases it shall be ensured that the same spell of service does not count twice for pension7gratuity. Note' Any period of service not covered by the preceding clause shall also -ualify for pension as a commissioned officer to the e%tent and sub$ect to the conditions under which it has been or may be permitted for purposes of these Regulations by specific !overnment orders. !ualif"ing +ervice for Gratuit" 21. )ub$ect to the following modifications all service, which -ualifies in full for retiring pension, also -ualifies for gratuity, and on the same conditions. 'a( +eriod spent on study leave which -ualifies in full for retiring pension also -ualifies for gratuity, provided that service for at least a period N2hreeO yearsB has been rendered from the day of return from the study leave last availed of. 2his provision may be rela%ed in the case of an officer who is permitted to retire on account of ill health Nand other compassionate groundsO within that period. 'b( 2he period of antedate of commission and secondment allowed to -ualify for pension in the case of A97A* #fficers shall not -ualify for gratuity. 28. #bsolete '+ension is now based on average rec@onable emoluments(. Rate of Retiring Pension 2;. Retiring pension for ,, -ualifying year's service shall be calculated at the /:D of the average of emoluments rec@onable for pension '+ay U6on"practicing allowance and ran@ pay, if any drawn by the officer during the last 1: months of his service( sub$ect to a ma%imum of Rs../::7" p.m. and for lesser period of rec@onable -ualifying service this amount shall be proportionately reducedQ. 5f the amount of pension is less than Rs.,1/7" p.m. it shall be stepped up to Rs.,1/7". ____________________________________________________________________________________________________________________ R2 3#43A2A 18 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Note' 2he retiring pension of an officer of the ran@ of 4t. ol. '2)(, Hrigadier or 9a$or !eneral and e-uivalent, shall not be less than the pension which would have been admissible to him as a 9a$or, olonel or a Hrigadier and e-uivalent as the case may be, had he not been promoted to the higher ran@. ,:. QQ#bsolete ,1. #bsolete Rate of Retiring Gratuit" QQQ,2. 2he retiring gratuity to officers shall be admissible at a uniform rate of V a month's emoluments '+ay plus 6+A and Ran@ +ay, if any, last drawn by the officer( for each completed si% monthly period of -ualifying service. 2here shall be no deduction in the -uantum of retiring gratuity so arrived at in respect of officers who are permitted to retire or discharged prematurely on compassionate grounds of for other personal reasons. ,,",/" Hlan@. QAs amended vide !#5 6o. 1. '/(7817* '+ension7)ervices( 9.*, *ated the ,:th #ct. 1;81. QQ)tands obsolete in the light of provision of 97* '+ension7)ervices( letter dated ,:"1:"81. QQQCor officers retiring on or after 10th )eptember, 1;;,, 2:D of the basic pay shall be treated as dearness pay. 2his dearness pay will count only for rec@oning emoluments for the purpose of Retirement !ratuity and *eath !ratuity NAuthority& "*epartment of +ension M +ensioner's Jelfare 6o, 1.2.;,"+ M +J 'C( *t.1;.1:.;,. 2his letter applies to both ivilians and *efence +ersonnel as 9.*. is also -uoting the same letter and has not issued any separate letter.O +ub-+ection III - Officers of the 4ilitar" Nursing +ervice 4iniu <ualif"ing +ervice Q,0. 'a( 2he minimum period of -ualifying service 'without weightage( actually rendered and re-uired for earning retiring pension shall be 2: years '1/ years in the case of a late entrant"see Regulation 1/(. #nly completed years of -ualifying service shall count. 'b( 2he minimum period of -ualifying service actually rendered and re-uired to earn retiring gratuity shall be 1: years 'without weightage(. 5n case of resignation on marriage, however the minimum -ualifying service re-uired for earning retiring gratuity shall be five years. N2he retiring gratuity shall be admissible only when one has not rendered the minimum -ualifying service for earning retiring pension indicated in 'a( aboveO
QAmended vide 9#* 6o. 080;;7!)72A, 'a(71:087H7* '!)"I5( dated 171780. ____________________________________________________________________________________________________________________ R2 3#43A2A 1; ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ !ualif"ing +ervice for Pension ,1. 2he following periods of service -ualify for pension" 'a( Coissione# +ervice-)ervice as a permanent regular commissioned officer and, if it is preceded without a brea@, previous service as commissioned officer in the 5ndian Army, 6avy and Air Corce, irrespective of the type of commission, $ointly or severally, sub$ect to the refund in the prescribed manner to the !overnment, of the gratuity, if any, other than war gratuity, received in respect of such service. +rovided that 'i( Any service which was forfeited by special orders, and 'ii( Any period of unauthorised absence unless pay and allowances are admitted for the period of absence, shall not be regarded as -ualifying service, nor any period of antedate e%cept as provided in caluse 'g(. 'b( +ervice in the Ran& belo) 3hat of Coissione# Ran&" )ervice in the Armed Corces in the ran@ below that of commissioned officer, if followed by permanent regular commissioned service without a brea@, sub$ect to the refund in the prescribed manner to the !overnment, of the gratuity, if any, other than war gratuity, received in respect of such service. 'c( Perio# of leave- All leave including study leave, any period of leave without pay shall not however -ualify unless specifically authorised by !overnment. 'd( Perio#s of suspension fro #ut" b" or#er of a copetent authorit"-2he period of suspension in the case of an officer, who is not brought to trial or who emerges from a summary trial or court martial with results favourable to him. 5n all other cases, the period passed under suspension shall count for pension only under the orders of the +resident. Note&"Jhile maintaining the records of service officers under suspension specific entry as to whether the period of suspension shall be ta@en as -ualifying towards counting of service for pension or gratuity, shall be made. 5n the absence of any specific entry the period of suspension shall be ta@en as counting towards the -ualifying service.O NAuth& "9#* 6o. A7.;0:0717A!7+) .'a(728//77*7'+en7ser( dated ,171:71;O 'e( +ervice on #eputation un#er Civil Departent or +tate Governent or a 4unicipalit" or a *oreign Governent" 'i( )ervice under an #ffice7*epartment79inistry of the entral !overnment or under a )tate !overnmentR 'ii( )ervice under a foreign !overnment or a local body or an autonomous orporation or a 9unicipality or other 5nstitution, provided that a pension contribution is paid to the entral !ovt. by the officer himself or by the ____________________________________________________________________________________________________________________ R2 3#43A2A 2: ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ borrowing authority, if the contribution is under general or special, arrangement to be borne by the latter. 'f( Previous civilian service--Any period of civil service, if followed by military service, without a brea@, and sub$ect to the condition that gratuity, if any, received in respect of such service being refunded to the !overnment in the prescribed manner. 'g( +eriod of antedate of commission and secondment in the case of officers of the A9 and Army *ental orps. 2he period of ante"date of commission, granted to an officer in respect of an approved whole time appointment held in a recognised civil hospital prior to commissioning and7or possession of a post"graduate diploma, 7higher -ualificationsR and the periods of secondment of an officer for the purpose of attending a course in a recognised institution sub$ect to the following ma%ima Ante"date of ommission..........18 months )econdment >>... 12 months Jhen both ante"date and .......... 2. months )econdment has been granted. +rovided that in the case of an officer who obtains a post"graduate diploma or higher -ualifications while in civil service or in temporary military service, the periods of ante"date given for such higher -ualifications shall not be allowed to count for pension7gratuity if such civil service or temporary military service counts for pension or gratuity as a commissioned officer. <owever, if the post"graduate diploma or higher -ualification is ac-uired either before $oining the civil service or after leaving the civil service and before $oining the A9 or Army *ental orps, the periods of antedate granted on account of such higher -ualifications shall continue to rec@on for pension under the e%isting rule. 5n all cases it shall be ensured that the same spell of service does not count twice for pension7gratuity. Note' Any period of service not covered by the preceding clause shall also -ualify for pension as a commissioned officer to the e%tent and sub$ect to the conditions under which it has been or may be permitted for purposes of these Regulations by specific !overnment orders. !ualif"ing +ervice for Gratuit" ,8. )ub$ect to the following modifications in the case of officers, all services which -ualifies in full for retiring7service pension also -ualifies for gratuity, and on the same conditions& " 'a( +eriod spent by an officer on study leave which -ualifies in full for retiring pension shall also -ualify for gratuity, provided that service for at least a period of three years has been rendered from the date of return from the study leave last availed of. 2his proviso may be rela%ed in the case of an officer who is permitted to retire on account of ill"health within that period.'b( 2he period of ante"date of ____________________________________________________________________________________________________________________ R2 3#43A2A 21 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ commission and secondment allowed to -ualify for pension in the case of A9 and Army *ental orps officers shall not -ualify for gratuity. Q,;. #bsolete RA3E+ O* RE3IRING PEN+ION QQ.:. Cor the armed forces officers who were in service as on 1.1.80 or $oined7$oin service thereafter the retiring pension shall be calculated at /:D of the average of emoluments rec@onable for pension. 2he amount so determined shall be sub$ect to a ma%imum of Rs.., /::7" and shall be retiring pension for ,, years of rec@onable -ualifying service& for lesser years of rec@onable -ualifying service this amount shall be proportionately reduced. .1".2 '2he provisions have become obsolete in the light of 9* '+ension7)ervices( letter dated ,:71:781. Rate of Retiring Gratuit" .,. 2he retiring gratuity shall be admissible at the rate of half a month's emoluments for each completed si% monthly period of -ualifying service. 2here shall be no deduction in the -uantum of gratuity so arrived at in respect of officers who are permitted to retire or are discharged prematurely on compassionate grounds7personal reasons. .., ./, .0 Hlan@ Q J.A.C 171780 retiring pension is calculated on the basis of rec@onable emoluments instead of Ran@s. NAuth&"9.*. letter dated ,:71:781O QQ Amended vide 9.*. +ension7)ervices 6o. 1'/(7817* dated ,:71:78. ____________________________________________________________________________________________________________________ R2 3#43A2A 22 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ +EC3ION III-Disabilit" Pensionar" A)ar#s Extent of Application .1. 2he regulations in this section shall apply to" 'a( 2he #fficers referred to in Regulation 1., and 'b( #bsolete QDisabilit" Pension 7hen A#issible .8.'a( Unless otherwise specifically provided a disability pension consisting of service element and disability element may be granted to an officer who is invalided out of service on account of a disability which is attributable to or aggravated by military service in non"battle casualty cases and is assessed at 2: percent or more. 'b( 2he -uestion whether a disability is attributable to or aggravated by military service shall be determined under the rules in Appendi% 55. Q)ervice element of disability +ension is being notified on permanent basis w.e.f. 17171, and even if at some stage the percentage of disability of the pensioners, goes below 2:D his service element notified initially, continues to remain in force for life of the pensioners. <owever in the case of pre 17171, disability pensioners, the service element is contingent upon the continuance of disability element unless and until the pensioner has put in minimum of 1: years of service before 17,708 and / years of service since after that date up to ,1712712, after which the service element becomes permanent featiwv as e%plained above. NAuth."*A '+.(, 9eerut 6o 2ech7:1."5 *2 07/7;21 Reassessent of #isabilit" peranentl" belo) pensionable #egree at the tie of invali#ation .8"A 5n cases where an #fficer'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 ten years from the date from which he was retired. 5f the disability is still assessed as permanently below the pensionable degree, no claim for re"assessment shall be considered. ,Late Entrants/ .;. Cor purposes of the regulations in this section Klate entrantsK is an officer who, but for his retirement on account of a disability attributable to or aggravated by military service would have fulfilled he re-uirements of Regulation 1/. Officers 7ho Retire 6oluntaril" ____________________________________________________________________________________________________________________ R2 3#43A2A 2, ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ /:. An officer who retires voluntarily shall not be eligible for any award on account of any disability. +rovided that officer who is due for retirement " on completion of tenure, or on completion of service limits or on completion of the terms of engagement or on attaining the prescribed age of retirement, and who see@s pre"mature retirement for the purpose of getting higher commutation value of pension, shall remain eligible for disability element. GO6ERN4EN3 O* INDIA DECI+ION __________________________________________________________________ +ub8ect'-!rant of disability pensionay award of )ervice #fficers see@ing +remature Retirement. 5n rela%ation of Regulation /: for +ension Regulations for the Army +art 1 '1;01( and corresponding Regulations of 6avy7Air Corce that )ervice #fficers who see@ premature retirement within a month of the due date of retirement for the purpose of higher ommutation Ialue will be eligible for grant of an award on a7c of any disability attributable to or aggravated by 9ilitary )ervice. 2. 2hese orders will ta@e effect from the date of issue of this letter. ,. 2his letter issues with the concurrence of 9inistry of Cinance '*ef.( vide their U.#. 6o. .1/, +en of 1;11. NAuth."!overnment of 5ndia, 9in. of *efence letter 6o. 22:/10711 +ensions dt.1"1:"11O __________________________________________________________________ +erious Negligence or 4iscon#uct /1. 5f the disability of an officer is wholly or partly due to his7her serious negligence or misconduct the amount of disability pension otherwise admissible may be reduced at the discretion of the competent authority. @nreasonable Refusal to un#ergo 4e#ical 3reatent /2. ases where an individual suffering from a disability accepted as attributable to or aggravated by military 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, shall not be treated as those of ?aggravationB or ?retardation of cureB under regulation 118 but shall be dealt with as follows& " 'a( 5f the refusal to undergo treatment or an operation is reasonable, the full disability pension normally admissible under the regulations shall be granted. 'b( 5f the refusal to undergo treatment or an operation is unreasonable, pensionary award be regulated as under& " 'i( 5n case where the pension sanctioning authority in consultation with the 9edical Adviser '+ensions( where necessary, decides that an operation or medical treatment will cure the disability, the disability element shall be withheld but the service element as per regulation 01, shall be granted. ____________________________________________________________________________________________________________________ R2 3#43A2A 2. ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'ii( 5n cases where the pension sanctioning authority in consultation with the 9edical Advise '+ensions(, where necessary, decides that an operation or medical treatment will reduce the disability to a lower percentage, the disability element of pension shall be restricted to that element which is appropriate to the lower percentage of disablement. 5f that lower percentage is less than 2: percent, then only the normal service element admissible as per regulation 01 shall be granted 'c( 2he -uestion whether an individual's refusal to undergo medical treatment or an operation for his disability is reasonable or unreasonable shall be decided in accordance with the criteria contained in Appendi% I to these Regulations. Officers Copulsoril" Retire# on account of Age or on Copletion of 3enure /,. N'1( An officer retired on completion of tenure or on completion of terms of engagement or on attaining the age of /: years 'irrespective of their period of engagement(, if found suffering from a disability attributable to or aggravated by military )ervice and recorded by service 9edical Authorities, shall be deemed to have been invalided out of service and shall be granted disability pension from the date of retirement, if the accepted degree of disability is 2: percent or more, and service element if the degree of disability is less than 2: per cent. 2he retiring pension7retiring gratuity, if already sanctioned and paid, shall be ad$usted against the disability pension7service element, as the case may be. '2( 2he disability element referred to in clause '1( above shall be assessed on the accepted degree of disablement at the time of retirement7discharge on the basis of the ran@ held on the date on which the wound7in$ury was sustained or in the case of disease on the date of first removal from duty on account of that disease. Note' 5n the case of an officer discharged on fulfilling the terms of his retirement, his unwillingness to continue in service beyond the period of his engagement should not effect his title to the disability element under the provision of the above regulation.O Q Amended vide 9#* 4r.6o.A7222//7A!7+). 'd(7212/7+en"c date /71170; M !*A letter 6o. 0/117A2"+ date ,71711. 4anifestation of a Disabilit" after Retireent - /.. An officer who is retired otherwise than at his own re-uest, with a retiring pension or7gratuity, but who, within a period of ten years from the date of retirement is found to be suffering from a disease which is accepted as attributable to his military service, may, at the discretion of the competent authority, be granted, in addition to his7her retiring pension7gratuity,. a disability element at the rate appropriate to the accepted degree of disablement and the ran@ last held, with effect from such date as may be decided upon in the circumstances of the case. ____________________________________________________________________________________________________________________ R2 3#43A2A 2/ ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Note' 2he officer claiming the benefit under the provision of Regulation /. above will send an application the *A '+( directly re-uesting to be brought before a medical board. #n receipt of the application and the relevant documents, *A'+( will decide, where necessary, in consultation with the 9edical Adviser '+ensions( attached to his office, whether a prima"facie $ustification for bringing the claimant before a medical board e%ists or not. 5f it is decided to bring the officer before a medical board the *A '+( will ma@e arrangement themselves for a medical board. //. Hlan@. Refusal to appear before a Re-surve" 4e#ical Aoar# /0. 5n case a pensioner who has been as@ed under any rule or order, to appear before a. resurvey medical board, for reassessment of his disability, refuses to do so, the disability element of his pension shall be suspended from the date of such refusal. <e shall, however, continue to draw service element. Officers 7ho have suffere# fro Pulonar" 3uberculosis lepros" but are retaine# in service Q/1. An officer suffering from pulmonary tuberculosis or leprosy attributable to or aggravated by military service, who re$oins duty having been found fit for retention in service on completion of leave, but is retired there from on account of relapse of the disability during a period of five years from the date of re$oining, shall be eligible for a disability element appropriate to the degree of disablement as accepted on the date he7she was found medically fit for retention in service, in addition to" 'a( the service element of disability pension admissible if he7she had been invalided on the date immediately prior to that of re$oining duty or, if more favourable, 'b( the retiring pension based on the total length of -ualifying service rendered upto the date of retirement. +rovided that if he7she is retired from service on account of the relapse of the disability after a period of five years from the date of re$oining, the disability pension admissible shall be regulated by the normal, regulations. Q Amended vide !*ABs letter 6o. 0/187A2"+ dated 1,7;71,. Definition of +ervice an# !ualif"ing +ervice /8. 'a( 2he -ualifying service of an officer is assessed in accordance with Regulation 20 'regulation ,1 in the case 96) officers( for the purpose of service element of disability pension. 'b( )ervice rendered in aid of civil administration shall be treated as military service for the grant of disability pension. ____________________________________________________________________________________________________________________ R2 3#43A2A 20 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Ran& for Assessent of +ervice Eleent of Disabilit" Pension /;. 2he ran@ for the purpose of assessment of service element shall be the substantive ran@ or higher paid acting ran@, if any, held by the officer on any of the following dates, whichever is most favourable& " 'a( the date of retirement7invalidment from service, or 'b( the date on which he7she sustained the wound or in$ury or was first removed from duty on account of the disease causing his7her disablement, or 'c( if he7she rendered further service and during and as a result of such service suffered aggravation of his disability, the date of later removal from duty on account of the disability. Note' >-#bsolete Note' ?-2he service element of disability pension of an officer of the ran@ of 4t.ol. '2)(, Hrigadier or 9a$or !eneral shall not be less than the service element which would have been admissible to him as a 9a$or or olonel or a Hrigadier had he not been promoted to the higher ran@. Aount of Disabilit" Pension QQ0:. 2he disability pension consists of two elements viS. service, element and disability element, which shall be assessed as under& " +ervice Eleent' - 'a( 2he amount of service element shall be e-ual to the retiring pension as determined under Regulation ,2 or .:. Cor this purpose the rec@onable -ualifying service shall mean the actual service rendered by an officer plus the full weightage appropriate to the ran@ held at the time of invalidment. 2here shall be no condition of minimum -ualifying service having been actually rendered for earning this element, if otherwise due. Disabilit" Eleent' - 'b( 2he disability element of disability pension 'see Regulation .8( will be Rs.1/:7" p.m. at 1::D disability. Cor disabilities less than 1::D but not less than 2:D, the above rates shall be proportionately reduced. +rovided that where permanent disability is not less than 0:D the disability pension 'i.e. total of service element and disability element( shall not be less than the special family pension admissible vide Regulation ;/ 'a( 'b( i.e., it shall not be less than 0:D of rec@onable emoluments sub$ect to a minimum of Rs.1/:7" p.m. Q Amended vide 9#* letter 6o. 1'/(7817* +ens7)ers date ,:71:781. QQ Amended vide 9.*. letter 6o. 1 '/(781 '*( *ated ,71:781 ____________________________________________________________________________________________________________________ R2 3#43A2A 21 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Perio# of grant of #isabilit" pension )hen the invali#ing #isabilit" is INCAPAALE of iproveent 0:.A 'a( 5f the disability is certified on the basis of an invaliding or resurvey medical board to be incapable of improvement disability pension shall be granted for a period of 1: years m the first instance. *uring this period the pensioner will have a right to claim re"assessment of his pension on the basis of aggravation, if any. Jhere the disability pension is modified as a result of reassessment, the pension shall again be granted for a period of 1: years from the date of the revised award provided the disability is still regarded as incapable of improvement. Aach successive assessment at higher or lower rates will be for a 1: years period during which the pensioner will be given an opportunity to have his pension reassessed on the basis of further aggravation. 'b( Jhen the percentage of disablement has remained unmodified for a period of 1: years, the pensioner shall be brought before Re"survey 9edical Hoard at the end of ten years and in the event of the disability still being regarded by the pension sanctioning authority as incapable of improvementR his pension shall be sanctioned for life. 2hereafter, no revision of pension will be admissible. 'c( 5n cases where the invaliding disability is loss of limb 's(, total loss of sight, loss of one eye, amputation, etc., and where the -uestion of improvement7worsening of its physical condition do not arise, the award shall be sanctioned for life in the first instance itself. Perio# of grant of #isabilit" pension )hen the invali#ing #isabilit" is CAPAALE of iproveent 0:. 'H( Jhere the disability whether attributable to or aggravated by military service of an officer is considered as capable of change 'improve or deteriorate(, the period of the first award calculated with reference to the date of the medical board will be in the range of a one to five years. 2he actual period of award in such cases will, however, be decided by the 9edical Hoard having due regard to the circumstances7conditions of each case. 2he period of the award on resurvey will also be for a period ranging from one to five years and will be decided after ta@ing into account the circumstances of each case. Jhen the disability is accepted at the same percentage on the basis of three consecutive medical boards including the release7invaliding medical boards, the disability will be normally accepted as incapable of improvement and regulated under the provision of Regulation 0:"A and the award of disability pension7disability element shall then be sanctioned for a period of 1: years in the first instance. ____________________________________________________________________________________________________________________ R2 3#43A2A 28 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ +rovided that, if in any case where the degree of disablement has been assessed at the same percentage by the three successive boards, but the medical authorities are not in a position to recommend that the disability is of permanent nature, the same may be continued to be assessed on temporary basis for such shorter periods as may be considered $udicious on the merits of each caseQ. Duration of the service eleent of #isabilit" Pension QQ01. 'l.( An individual, who is invalided out of service with a disability attributable to or aggravated by service but assessed at below 2: per cent, shall be entitled to service element only. '2( An individual who was initially granted disability pension but whose disability is re"assessed at below 2:D subse-uently shall cease to draw disability element of disability pension from the date it falls below 2: per cent. <e shall, however, continue to draw the service element of disability pension. 02. #bsolete NQAmended vide 9#* letters 6o. A72/1;07A!7+). 'd(7807;17+en" dated ,:7:8710 and l '1(78,7+en" dated 07178. QQAmended vide A& .7)71/ and .7)710.O GO63% O* INDIA;+ DECI+ION +@A-CO4PEN+A3ION IN LIE@ O* DI+AAILI35 ELE4EN3 5n case a person belonging to the Armed Corces is found to have a disability which is 'i( accepted by the competent authority as attributable to or aggravated by service factors, and 'ii( assessed at 2:D or more for life but the individual is retained in service, despite such disability, he shall be paid a compensation in lump sum 'in lieu of the disability element( e-ual to the capitalised value of disability element. Cor this purpose, the ran@ for disability element shall be the ran@ held at the time of onset of the disability and age ne%t birth"day will be rec@oned with reference to the date of onset of disability with loading to age, if any, recommended by the 9edical Hoard. #nce compensation has been paid in lieu of the disability element, there shall be no further entitlement to the disability element for the same disabilityR such disability shall also not -ualify for grant of any pensionary benefit or relief subse-uently. NAU2<#R52=& +ara 1... of 9.*. '+ension7services( letter 6o. 1'/(7817* dated ,:"1:"81O Constant Atten#ance Allo)ance 0, 'a( A constant attendance allowance at the rate of Rs.,::7p.m.Q may be granted to an officer who is awarded a disability pension for 1:: percent disablement, if in the opinion of the invaliding or a resurvey medical board, he7she needs the services of a constant attendant for at least a period of three months, and the necessity arises solely from the condition of the accepted disability or disabilities. ____________________________________________________________________________________________________________________ R2 3#43A2A 2; ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'b( 2he allowance may also be granted if the accepted degree of disablement of an officer is assessed at 1:: percent, but a reduced award is made under regulation /1, provided the remaining conditions for the grant of the allowance are fulfilled. 'c( 2he payment of the allowance shall be governed by the detailed regulations in Appendi% 555. A#issibilit" of #isabilit" Pension to a #isable# Pensioner re-eplo"e# )ithout #isclosing his invali#ation QQ0.. A pensioner, who on his re"employment in the Army does not disclose that he7she was previously retired from service with the Armed Corces for medical unfitness, shall be debarred from the date of his7her re"employment from any disability +ension admissible to him7her in respect of his7her previous service with the Armed Corces. 5f his7her re"employment is terminated on account of his medical unfitness or if on termination of the re"employment he7she is brought before a medical board, his7her claim for a disability pension after the termination of re"employment will be submitted for orders of the !overnment of 5ndia. )uch orders will duly ta@e into consideration the effect of his re"employment in the Army )ervice in aggravating previous disability or introducing a new one. Note' 2he above provision shall cover all types of cases of disability and not merely cases of invalidment proper 0/, 00, 01, 08 and 0; Hlan@ NQAs enhanced vide pare 1../ of 9.*. '+ension7)ervices( letter no 1'/(7817* dated ,:"1:"81 QQAmended vide !*A letter 6o. 0/187A2"+ dated 1/711711.O ____________________________________________________________________________________________________________________ R2 3#43A2A ,: ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ +EC3ION III-A-Invali# Pension an# Gratuit" Extent of Application 1:. 2he regulations in this )ection shall apply to such of the officers referred to in Regulation 1.. Invali# Pension2Gratuit" 7hen a#issible 11. An invalid pension or gratuity in accordance with the Regulations in this section may be awarded to 'i( an officer invalided out of service on or after 1...0. on account of a disability which is neither attributable to nor aggravated by service. 'ii( an officer who though invalided out of service on account of a disability which is attributable to or aggravated by service, but the disability is assessed at less than 2:D. 4iniu !ualif"ing +ervice 12. 2he minimum period of -ualifying service actually rendered and re-uired for an invalid pension is 1: years. Cor less than 1: years actual -ualifying service, an invalid gratuity shall be admissible. Assessment of Lualifying )ervice 1,. 2he -ualifying service is assessed in accordance with Regulation 20 'Regulation ,1 in the case of officers of the 96)( for the purpose of invalid pension and in accordance with Regulation 21 'Regulation ,8 in the case of officers of the 96)( for the purpose of invalid gratuity. 1.. #bsolete +cale of Invali# Pension w.e. f. 1/1/86 Q1/. An amount e-ual to the service element of disability pension that would have been admissible in case the causes were attributable to or aggravated by service. QQ10. 2he scale of invalid pension in respect of 96) #fficers shall be the same as in Regulation 1/. +cale of Invali# Gratuit"BBB w. e. f. 1/1/86 11. 5nvalid !ratuity may be granted at the scale of half a month's emoluments 'pay U 6+A and ran@ +ay, if any, last drawn by the officer( for each si% monthly period of service. 18"8: Hlan@ ____________________________________________________________________________________________________________________ R2 3#43A2A ,1 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ QAs amended vide 9* '+ension7)ervices( letter 6o. 1'/(78171, dated ,:"1:"81. QQAs amended vide 9* letter dated ,:"1:"81 w.e.f. 1"1"80. QQQAmended vide 9.*. letter *ated ,:71:781 +EC3ION I6 *A4IL5 PEN+IONAR5 A7ARD Extent of application 81. 2he regulations in this )ection shall apply to the families of " 'a( #fficers referred to in Regulation 1., and 'b( #bsolete 82. #bsolete +erious( negligence or iscon#uct Q8,. 5f the death of an officer is wholly or partly due to his or her serious negligence or misconduct, the special family pensionary awards, otherwise admissible shall not be reduced. +ervice ren#ere# in ai# of the civil Po)er 8.. )ervice rendered in aid of the civil power shall be treated as military service for the purpose of family pensionary awards. +pecial fail" pensionar" a)ar#-)hen a#issible QQ8/. )pecial family pension may be granted to the family of an officer if his7her death was due to or hastened by a wound, in$ury or disease which was attributable to military service or the aggravation by military service of a wound, in$ury or disease which e%isted before or arose during the military service provided that __________________________________________________________________ Note for Rea#ers' - )pecial family pension and dependents pension shad be admissible to the members specified hereunder 'a( Jidow7Jidower lawfully married 'b( )on, actual and legitimate 'including validly adopted( 'c( *aughter actual and legitimate 'including validly adopted( 'd( Cather 'e( 9other 'f( Hrother ';( )ister Note' '1( 2he term ?father and motherB 'or parents( used in the above or any other regulations in this chapter shall also be deemed to include such putative parents 'or ____________________________________________________________________________________________________________________ R2 3#43A2A ,2 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ surviving parents as the case may be( as had not contracted a lawful marriage but were living as husband and wife at the time of or got lawfully married subse-uent to the conception of the deceased member of the forces. '2( 5f any member of the family 5s denied any share in the property of the officer under a will or deed made by him, such a member shall be ineligible to receive any award under these regulations in this chapter and the benefit shall pass on to the ne%t eligible member. __________________________________________________________________ 'a( 5n the event of death after retirement, the officer did not retire voluntarily and provided further that& " 'b( In the case )i#o) an# chil#ren' - 7IDO7 'i( #bsolete 'ii( #bsolete 'iii( )ub$ect to any e%ception, which the +resident may approve in a particular case under regulation ;:, the widow was not separated from her husband at the time of his death. 'iv( 2he widow has not re"married. 2his condition shall, however, not apply if the widow has re"married the real brother of her deceased husband and continues to live a communal life with and7or contributes to the support of the other living eligible member, and CCILDERN 'i( 2he officer left no widow. 'ii( 2hey were born before retirement or invalidment or death while in service. 'iii( )ons below the age of 2/ years. 'iv( Unmarried daughters below the age of 2/ years. 'c( In the Case of Pension for PAREN3+ 'i( 2he officer left neither a widow nor children eligible for special family pension. 'ii( 2he parent7parents was7 were largely dependent on the officer for support and are in pecuniary need. 'iii( 5n the case of widowed mother she has nor re"married. +rovided that the widowed mother of an officer who re"marries during the lifetime of the officer but becomes a widow again before his death, shall become eligible for grant of dependents pension. Note' 2he widowed mother of an officer when remarries during the lifetime of the officer but becomes a widow again before his death may be grunted an award for dependantBs pension, if otherwise admissible. Cor the purpose of the pecuniary ____________________________________________________________________________________________________________________ R2 3#43A2A ,, ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ circumstances, resources, if any, available to the widow from her second husband, will also be ta@en into account. 'd( In the case of pension for ARO3CER+2+I+3ER+ 'i( 2he officer did not leave behind a widow, child or parents eligible for pension. 'ii( 2he brothers and sisters were largely dependent on the officer for support and are in" pecuniary need. 'iii( 5n the case of brother, he has not the age of 2/ years. 'iv( 5n the case of a sister, she has not attained the age of 2/ years or has not married. Q Amended vide 9* letter 6io.22:/1.7117+en. dated ,171718. QQ Amended vide !#5 9* 6o 1 '/(7817* 'pension7 )ervices( *ated ,:71:781 Regulations D=-E$ not repro#uce# vi#e A I 1>2D0% BA > 1> of >EDF Grant of Or#inar" *ail" Pension QQ1. 5n supersession of all e%isting orders on the sub$ect, the family pensionary benefits, as detailed in paragraph 2 and subse-uent paras will be admissible to the families of the Armed Corces personnel 'e%cluding families of reservists(, who were in services on 1.1.1;0. or who $oined7$oin service thereafter and who died7die while in service or after retirement with a retiring, disability or invalid pension7special pension, on account of causes which are neither attributable to nor aggravated by service. Rates of Or#inar" *ail" Pension' - 2he rates of ordinary family pension shall be as follow& " Rec@onable Amoluments '+ay plus 6+A and ran@ pay, if any last drawn b the officer(. Rate of family pension p.m. including dearness relief upto +5 0:8. 'i( 6ot e%ceeding Rs.1/::7" p.m. ,:D of rec@onable emoluments sub$ect to a minimum of Rs.,1/ p.m. 'ii( A%ceeding Rs.1/::7" p.m. but not e%ceeding Rs.,:::7" p.m. 2:D of the rec@onable emoluments sub$ect to a minimum of Rs../:. p.m. 'iii( A%ceeding Rs.,:::7" p.m. 1/D of rec@onable emoluments sub$ect to a minimum of Rs.0:: p.m. and a minimum of Rs.12/:7"p.m. Note' >"#bsolete. ____________________________________________________________________________________________________________________ R2 3#43A2A ,. ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Note' ?- 6o reduction in family pension will be made even if a cut was imposed in the pension of the individual whose death gives rise to the claim for family pension. ,. 5n the case of individual who has rendered a minimum of 1 years of continuous -ualifying service dies while in service or after retirement with pension, for a period of seven years from the date following the date of death of individual or upto the date on which the deceased would have attained the age of 0/ years had he been alive, whichever is earlier family pension shall be granted at an enhanced rate. J.A.C. 171780 the amount of enhanced ordinary family pension for this period shall be lowest of the following amounts. 'i( /:D of the rec@onable emoluments. 'ii( 2wice the normal rate of ordinary family pension. 'iii( 2he amount of retiring7service7invalid pension7service element of disability pension7special pension 'before commutation( admissible, in cases where the deceased was a pensioner. QAs amended vide 9* 6o. +ension7services 6o. 1 '/(7817* dated ,:"1:"81 and A# 1178;. QQ Note for Rea#ers' " 5n the absence of formal amendments, it is difficult to give a comprehensive narration of ordinary family pension by amending A 5 /178:. <owever, for total understanding of the scheme readers are advised to go through the similar scheme for civilians as detailed in ) '+ension( Rules. 2his scheme is 1::D replica of the scheme for ivilians. <owever, the authority -uoted should invariably be that of A.5. /178: as amended vide 9.*. letter dated ,:71:781 and A# 1178;. .. 2he amount of pension arrived at by applying the relevant prescribed percentage will be rounded off to the ne%t higher rupee. 5n case where family pension is admissible at the enhanced rate under +ara , above the rounding off to the ne%t higher rupee should be done only at the final stage i.e. after doubling the amount initially calculated with reference to the relevant prescribed percentage. 5f, however, double of the amount initially calculated with reference to the prescribed percentage is to be restricted to /:D of the last pay drawn, and /:D of pay is not in whole rupee, rounding off should be done to the ne%t higher rupee. /. 2he term FRec@onable AmolumentsG for the purposes of calculating pensionery benefits due under paras 2 and , above will means as under& " F+ay plus 6+A and Ran@ +ay, if any, last drawn by the officerG 0. *ail" for the purpose of *ail" Pension eans' 'i( Jife7<usband provided the marriage too@ place before retirement, and also $udicially separated wife7husband if the $udicial separation was granted not on ground of adultery and the person surviving was not held guilty of committing adultery. 'ii( )ons below the age of 2/ years. 'iii( Unmarried daughters below the age of 2/ years. ____________________________________________________________________________________________________________________ R2 3#43A2A ,/ ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Q'iv( )ons and daughters adopted legally upto the age limit 'ii( and 'iii( above. Note'-)ons or daughters born after retirement and also a posthumous child are entitled to Camily pension. Q2he erstwhile clause of adoption Kbefore retirementK omitted wide !:1, *eptt of +M+J 6otification 6o 1 '00("+M+J78;""A dated 18":1";,. 1. 3he pension )ill be a#issible' - 'a( to a widow or widower up to the date of death or dis-ualification whichever is earlierR 'b( to a son until he attains the age of 1"/ years 'c( to an unmarried daughter until she attains the age of 2/ years or marriage whichever is earlier. +rovided that if a son or daughter is suffering from any disorder or disability of mind or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of 2/ years, the ordinary family pension shall be payable to such son or daughter for fife. N9#* letter 6o. A7.;0:17A!7+). 'e(7,,0,7H7* '+ens7serv( dated 178781.O 8. 2he Camily +ension 1;0. is payable to only one member of the family at a time e%cept in cases where it is payable to more widows than one or where it is payable to twin children. 5t is first payable to the widow7widower till the date of her7his death or remarriage whichever is earlier and thereafter to children in the order of priority. Note' - Obsolete Q;. 'a( Jhere an individual is survived by more eligible widow than one the family pension is paid to them in e-ual shares. 2he principle of minimum pension of Rs.,1/ is applicable to the original family pension and not to the divided share of each widow. #n the death of a widow, her share of pension becomes payable to her eligible child. 5f at the time of death, a widow leaves no eligible child, the payment of her share of pension is payable to other widows in e-ual share or if "there is only one such widow in full to her. 'b( Jhere an individual is survived by a widow but has left behind an eligible child from another wife who is not alive or divorced the eligible child is paid the share of pension which her mother would have received if she had been alive7not been divorced at the time of death of !ovt servant7pensioner. QCor more detailed narration see Reg";1. 1:. 5n cases where both wife and husband are !ovt )ervants and are governed by the provisions of FCamily +ension 1;0.G and one of them dies while in service or ____________________________________________________________________________________________________________________ R2 3#43A2A ,0 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ after retirement the family pension in respect of the deceased becomes payable to surviving husband or wife in addition to her7his pay or pension as the case may be. 5f the surviving husband or wife also dies subse-uently, the child or children of the deceased parents are granted two family pensions sub$ect to the limits specified below& " 'i( 5f the two family pensions are payable at the Eenhanced rates', the amount of both the pensions is limited to Rs.2/:: p.m. 'ii( 5f one of the two family pensions ceases to be payable at the higher rate and in lieu thereof the family pension at normal rate becomes payable, the amount of both the pensions is limited to Rs.2/:: p.m. 'iii( 5f both the family pensions are payable at the normal rate the amount of two pensions is limited to Rs.12/: p.m. 11. #bsolete& 12. ommutation of pension will have no effect on the -uantum of family pension as the rate of family pension is based on the pay, which the individual was drawing immediately before his retirement7discharge7transfer to the reserve on pension and not on the pension sanctioned to him. 1,. Camilies of individuals who have committed or commit suicide will also be eligible for pensionary benefits detailed in this 5nstruction. 1.. #bsolete 1/. Jidows7widowers of such officers, who are governed by this scheme, will not be entitled to family pension under any other orders. __________________________________________________________________ ;.. #bsolete Rates of +pecial *ail" A)ar#s ;/. 'a( 2he rates of consolidated )pecial Camily +ension inclusive of children allowance and children education allowance shall be as under, irrespective of whether the deceased person of the Armed Corces, had completed 1 years of service or not" Rec@onable emoluments& '+ay U6+A and Ran@ +ay, if any, last drawn by officer( Rate of )pecial Camily pension '+.9.( 'a( 5f the widow is childless 'i( 6ot e%ceeding Rs.1/::7" /:D of rec@onable emoluments 'ii( A%ceeding Rs.1/::7" but not e%ceeding Rs.,:::7" .:D of rec@onable emoluments sub$ect to a minimum of Rs.1/:7 'iii( A%ceeding Rs.,:::7" ,:D of rec@onable emoluments sub$ect to a minimum of Rs.12::7" and ma%imum of Rs.2/::7 ____________________________________________________________________________________________________________________ R2 3#43A2A ,1 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'b( 5f the widow has child7children 5n all cases 0:D of rec@onable emoluments sub$ect to child7children a minimum of Rs.1/:7" and ma%imum of Rs.2/::7" N)pecial family pension at the rates indicated in 'b( above shall be admissible to the widow till attain the age prescribed under the rules and thereafter the widow shall be paid family pension at the rates indicated in 'a( aboveO. DEPENDAN3+ PEN+ION+ IN RE+PEC3 O* O**ICER+ -INCL@DING 4N+ O**ICER+( 3A O**ICER+ AND ECOs2++COs. ;/. '.( *ependants pension shall be admissible to the parent 's(7eligible brothers and sisters 'in the absence of the parents( of the deceased officer at a rate e-ual to /:D of the notional )pecial Camily +ension that would have been admissible as per +ara ;/ 'a( above, if they were largely dependent on the deceased officer for support and are in pecuniary needQ. Rates of Or#inar" *ail" Pension an# Chil#ren;s Allo)ance ;0 'a( 2he rates of #rdinary family pension are as under& )l. no Rec@onable emoluments '+ayU6+A and ran@ pay, if any, last drawn by the officer( Rates of family pension p.m. including dearness relief upto +5 0:8 'i( 6ot e%ceeding Rs.1/::7" p.m. ,:D of rec@onable emoluments, sub$ect to a minimum of Rs.,1/7" p.m. 'ii( A%ceeding Rs.1/::7" p.m. but not e%ceeding 5ts. ,:::7" p.m. 2:D of rec@onable emoluments, sub$ect to a minimum of Rs../:7" p.m. 'iii( A%ceeding Rs.,:::7" p.m. 1/D of rec@onable emoluments, sub$ect to a minimum of Rs.0::7" p.m. and a ma%imum of Rs.12/:7" p.m. ;0 'b( J.e.f. 1"1"80 children allowance and children education allowance had been merged together and a consolidated allowance at the rate of Rs.1/:7" +.9. per child is admissible QQ;0 'c( #bsolete Division of *ail" Pensionar" A)ar#s ____________________________________________________________________________________________________________________ R2 3#43A2A ,8 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ QQQ;1. Jhere the family pension is payable to more widows than one, the family pension shall be paid to the widows in e-ual shares. #n the death of a widow, her share of the family pension shall become payable to her eligible child& '+rovided that if the widow is not survived by any child, her share of the family pension shall not lapse but shall be payable to the other widows in e-ual shares, or if there is only one such other widow, in full, to her.( QJ.e.f. 1"1"1;80 the erstwhile condition regarding Kmeans limitK stands dispensed with vide 9.*. letter *ated ,:71:781 QQAs the family pension is dependent on the rec@onable emoluments last drawn by the officer, the erstwhile provision of reduction of ordinary family pension conse-uent on reduced pension drawn by the officer has become obsolete. NQQQAmended vide *ept of CM+J 6otification 6o 'a( 17117;:"+M+J '( dated 2;7:17;1. 'b( 171.:788"+M+J7 dated 1.7:;78; and 'c( 17;1788"+M+J7 dated 217117;:.O QJhere the deceased !overnment servant or pensioner is survived by a widow but has left behind eligible child or children from another wife who is not alive, the eligible child or children shall be entitled to the share of family pension which the mother would have received if she had been alive at the time of the death of the !overnment servant or pensioner. +rovided that on the share or shares of family pension payable to such a child or children or to a widow or widows ceasing to be payable, such share or shares shall not lapse, but shall be payable to the other widow or widows and7or to other child or children otherwise, eligible, in e-ual shares, or if there is only one widow or child, in full, to such widow or child. Jhere the deceased !overnment servant or pensioner is survived by a widow but has left behind eligible child or children from a divorced wife or wives the eligible child or children shall be entitled to the share of family pension which the mother would have received at the time of the death of the !overnment servant or pensioner had she not been so divorced. +rovided that on the share or shares of family pension payable to such a child or children or to a widow or widows ceasing to be payable, such share or shares, shall not lapse, but shall be payable to the other widow or widows and7or to the other child or children otherwise eligible, in e-ual shares, or if there is only one widow or child, in frill, to such widow or child. Jhere the family pension is payable, to twin children it shall be paid to such children in e-ual shares& +rovided that when one such child ceases to be eligible his7her share shall revert to the other child and when both of them cease to be eligible the family pension shall be payable to the ne%t eligible single child7twin children 7hen Pa"ent of 7i#o);s Pension ceases ____________________________________________________________________________________________________________________ R2 3#43A2A ,; ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ ;8. #rdinary or special family pension granted to the widow of a deceased officer shall discontinued under the following circumstances 'a( if she proves unworthy of itR or 'b( if she remarries. Q Note' ondition in clause 'b( will not apply to widow in receipt of special family pension who remarries her deceased husband's real brother and continues to live a communal life with and7or contributes to the support of the other dependents of the deceased husband. 5n the case of remarriage, pension shall cease from the date following that of remarriage and in other cases, from such date as the +resident may decide. Q Note for the Rea#ers'-5n the nutshell the widows and their respective children are treated as independent units simultaneously eligible for family pension. Aach widow together with her children is treated as one unit. A%cept in case of more than one widow or twin children family pension is payable to any one member at a time QQ 6ote inserted vide .). 6o. 1.07171/. 7hen pa"ent of chil#ren;s allo)ance ceases ;;. 2he payment of children allowance shall cease 'i( Attaining the age of 2/ years in the case of sons7brothers and unmarried daughters7sisters. 'ii( *ate of the marriage of the daughter7sister. Q'iii( obsolete <owever, in case the eligible child is physically or mentally handicapped and is unable to earn a livelihood the children allowance7family pension would be admissible for life to such a child. NAuth& 9* letter dated ,:"1:"81O Q2he erstwhile restriction of earning of livelihood for the purpose of stoppage of family pension stands removed vide !5.*eptt of +M+J #9 6o 1 '20( +M+J7;:"A dated 187:17;,. 7hen pa"ent of parent2parents pension ceases 1::. 'a(. A special pension which may be granted to the parent 's( of a deceased officer shall be discontinued from the date of remarriage in the case of a female parent who remarries. 'b( if the pecuniary circumstances of the parent or parents become such as in the opinion of the +resident not $ustify the payment of a pension. 7hen pa"ent of brother;s G sister;s pension ceases ____________________________________________________________________________________________________________________ R2 3#43A2A .: ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 1:1. +ayment of special pension granted to brother's( and sister's( of a deceased officer shall cease under the conditions laid down for the cessation of the children allowance in Regulation ;;. 5t may be continued after the age of twenty"five years under the same conditions as for children if they are incapable of self"support by reason of mental or physical infirmity. Restoration of pension on secon# 7i#o)hoo# 1:2. 2he family pension 'ordinary or special( of a widow, which was discontinued on her remarriage may be restored in the event of her again becoming a widow or such marriage being annulled by divorce or desertion by the second husband, if she is otherwise -ualified, and provided her pecuniary circumstances are such as in the opinion of the +resident to $ustify restoration of the pension. )hould she become eligible on the death of her second husband for a pension under these regu1ations at a different rate, she may choose that which more to her advantage is. Grant or Continuance of allo)ance to chil#ren after the noral age liit 1:,. #bsolete NJAC 171780 hildren allowance is granted to each child of the service officers WRs.1/: p.m. per child. 2his allowance is tenable for each during the period he or she would have been eligible for ordinary family pension. 5t is allowed only where the widow forfeits liberalised special family pension due to her remarriage with any other person and conse-uently draws ordinary family pension #r Jhere service officer is not survived by widow but is survived by child7children only. All children together shall be eligible for special family pensions at the childless widow rate and also draw in addition the children allowance. hildren allowance is not admissible where the widow draws liberalised family pension e-ual to the rec@onable emoluments last drawn by the deceased service officer. Authority 9* letter dated ,:71:781O *ail" Gratuit" 1:.. )ub$ect to the provisions of regulation 8/ 'b( 'iii( and ;:, a gratuity in accordance with the table below, may be granted, in addition to special7liberalised special family pensionary awards to the widow 'child 'ren(7parent's(O of an officer who 'a( is @illed in action, or dies of wounds sustained in actionR or 'b( is @illed while on flying duty or parachute $umping duties in a aircraft or while being carried on duty in an aircraft 'civil or service(, under proper authority, or dies of in$uries sustained in such circumstancesR or ____________________________________________________________________________________________________________________ R2 3#43A2A .1 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'c( though not serving in a field area, dies of a cause attributable to circumstances which, in the opinion of the local administrative authority, are similar to those encountered on field service or in operationsR or 'd( suffers a violent death while employed in aid of the civil powerR or 'e( dies while laying or clearing land or sea minesR or 'f( dies while on diving dutyR or 'g( dies while on duty in a submarine or while being carried on duty in submarine under proper authorityR or 'h( dies due to in$uries sustained in the circumstances mentioned in clauses 'd( to 'g( Note' >% An officer employed on the wor@ of disposal by demolition, burning, burial, brea@down or dumping of unserviceable stoc@s of e%plosives will be deemed to be on field or operational service for the purpose of eligibility of the widow to family gratuity under clause 'c(. Q 'An individual whose death occurs as a result of wound or in$ury sustained while ta@ing part in battle inoculation training or demonstration with live ammunition where safety distance are reduced for realism in training, will, for the purpose of grant of family gratuity, be deemed to be covered under clause 'c( above i.e. their death will be accepted as due to a cause attributable to circumstances similar to those encountered on field service or in operations. 2his concession shall be admissible only for so long as this scheme of the modified inoculation training and reducing safety distance for realism in training remains in force. Authority&"9#* letter 6o. ;.8.07A!7+).'c(7.1')(7+en" dated 1,7,71:(.O Q 'Aligible heirs of 5ndividuals who are reported missing during an emergency as a result of operations against the enemy and who are ultimately presumed or established to have been" @illed in action or to have died of wounds received in action shall be granted family gratuity at the rates and under the conditions laid down in this Regulation Authority& "9#* letter 6o7A7:2/1;7 A!7+). 'a(7//,,7+en" dated 211070,(.O +rovided that a gratuity will not be granted in case under clauses 'b( and 'c( above, if the death of the officer is due to his7her own serious negligence or misconduct. A gratuity to the child 'ren( of an officer will be granted only' if the officer does not leave a widow eligible for special, family pension. A gratuity to the parent 's( of an officer will be granted if the officer does not leave either a widow or a child eligible for 'special family pension, irrespective of the pecuniary circumstances of the parent 's( and whether he7she7they was7were dependent of the deceased officer. ____________________________________________________________________________________________________________________ R2 3#43A2A .2 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ RA3E+ O* *A4IL5 GRA3@I35 'Amended vide 9#* letter 6o. 1;182;7087+en"7555 dated ,:71:708( RA3E+ O* *A4IL5 GRA3@I35 Ran@ Jhere e%"gratia is paid for Clying Accidents Jhere e%"gratia is not paid Jidow7hildren +arents Jidow7hildren +arents 2nd 4t. 1,,/ 008 2::: 1::: 4t. 20:: 1::: ,::: 1/:: apt. 201: 1,,/ ./:: 22/: 9a$or .::: 2::: 0/:: ,2/: 4t.ol 0::: ,::: 8::: .::: ol. 8::: .::: ;/:: .1/: Hrig. 1:01: /,,/ 11::: //:: 9a$.!en. 1,::: 0/:: 1,::: 0/:: 4t.!en 1./:: 12/: 1./:: 12/: !eneral 10::: 8::: 10::: 8::: E#ucation Allo)ance 1:/. #bsolete NJ.A.C. 171780, the children allowance and children education allowance has been merged. A consolidated allowance WRs.1/:1p.m. per child is allowed in cases covered by note under +ara 1;.1 and by paras 1;.2 and 21 'b( of !#5, 9.*. letter 6o. 1 '/(7817* '+ension7)ervices( dated ,:th #ctober, 1;81.O Ex-gratia A)ar# fro the Copassionate Gratuit" *un# -Defence +ervices. 1:0. A%"gratia awards may be granted from the ompassionate !ratuity Cund '*efence )ervices( to the widow, children, parents or brothers7sisters of an officer who dies in service but whose death is not due to a wound, in$ury or disease which is attributable to or aggravated by service. 2he regulations regulating awards from the fund are reproduced in Appendi% 5I. 1:1 to111 Hlan@ ____________________________________________________________________________________________________________________ R2 3#43A2A ., ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________
Chapter-III H@NIOR CO44I++IONED O**ICER+( O3CER RANI+ G NON-CO4AA3AN3+ -ENROLLED. +EC3ION I-GENERAL Extent of Application 112. Unless otherwise provided, the regulations in this hapter shall apply to all Xunior ommissioned #fficers, #ther Ran@s and 6on"ombatants 'Anrolled( who were already serving on regular terms7engagements on the 1st Xune, 1;/,, as well as those who either $oined or $oin service on or after that date and serve on regular terms7engagements or are brought on to such terms7engagements after that date. In#ivi#ual Disisse#2Reove# or Discharge# un#er the Ar" Act 11,. 'a( An individual who is dismissed under the provisions of the Army Act, is ineligible for pension or gratuity in respect of all previous service. 5n e%ceptional cases, however, he may, at the discretion of the +resident be granted service pension or gratuity at a rate not e%ceeding that for which he would have otherwise -ualified had he been discharged on the same date. 'b( An individual who is removed from service under Army Act, )ection 2:, may be considered for the grant of pension7gratuity at the rate not e%ceeding that for which he would have otherwise -ualified had he been discharged on the same date. 2he competent authority may, however, ma@e, if considered necessary, any reduction in the amount of pension7gratuity on the merits of each case. 'c( An individual who is discharged under the provision of Army Act and the rules made there under remains eligible for pension or gratuity under these Regulations. Note' 2hose discharged from service due to misconduct, corruption, lac@ of integrity or moral turpitude are not normally eligible for gratuity, but they may be sanctioned gratuity in e%ceptional cases at the discretion of the +resident at a rate not e%ceeding that for which they are normally -ualified. Officer Ca#ets #ra)n fro the ran&s 11.. An officer cadet drawn from the ran@s shall continue to be eligible for pensionary benefits appropriate to his ran@. ____________________________________________________________________________________________________________________ R2 3#43A2A .. ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Onl" one Pension is A#issible 11/. A%cept where otherwise specifically provided for, an individual shall not earn more than one pension under these Regulations in the same service or post at the same time or by the same continuous serviceR the lesser pension shall lapse. 110. #bsolete In#ivi#uals invali#e# on account of In#ulgence in Drugs or Drin&s Q111. An individual invalided out of service in conse-uence of any disorder 'including insanity( resulting from indulgence in drugs or drin@s, which was within his control, will be eligible for invalid pension or gratuity under the normal rules. #rders of the competent authority for grant of full or reduced pension7gratuity will, however, are obtained in each such case. In#ivi#uals )ho aggravate or retar# the cure of a #isabilit" 118. An individual who intentionally aggravates his disability or retards its cure shall, on being discharged as medically unfit for further service on account of such a disability, be ineligible for any pension or gratuity. 11;. *eleted. Pensioners re-eplo"e# in the Defence +ervices in an eergenc" 12:. 'a( +ensioners re"employed on mobilisation in military or civil capacity in the *efence )ervices shall receive pension in addition to pay. Re"employed service shall not count for enhancement of pension or for gratuity. 'b( 2he same treatment as in clause 'a( above may at the discretion of the +resident be accorded to pensioners who are reemployed in a military or civil capacity in the *efence )ervices, in other emergencies in which the re" employment of a large number of pensioners is necessary. Re"employed service shall not count for enhancement of pension or for gratuity. Note' 2he provisions of clauses 'a( and 'b( of this Regulation shall also apply to Army +ensioners re"employed in the 6avy7Air Corce. Q Amended vide 9 of *efence letter 6o. 1'2(7087.2;17* '+en7)er( dated 227/708 and orr 6o. 1'2(70872.8/7* '+en7)er( dated 127/711. Pensioners re-eplo"e# in a service capacit" other)ise than in an eergenc" 121. 'a( 5f a pensioner is re"enrolled or is re"employed in an appointment the incumbent of which is normally re-uired to be enrolled under the Army Act, his pension shall be Y held in abeyance and retirement gratuity refunded in the manner laid down in Regulation 120. Re"employed service shall count for enhanced pension and retirement gratuity under the applicable regulations. #n release from ____________________________________________________________________________________________________________________ R2 3#43A2A ./ ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ reemployment either the pension, which was held in abeyance, or any higher pension earned by virtue of further service shall be paid. 'b( 5f not re"enrolled or if re"employed in an appointment which does not re-uire him to be re"enrolled, pension shall be admissible in addition to pay of appointment. Re"employed service shall not count for enhancement of pension or for gratuity. Note' > 2he provisions of clauses 'a( and 'b( of this regulation shall also apply to Army +ensioners re"employed in the 6avy7Air Corce. Note' ? An e%"reservist who had drawn a gratuity in lieu of reservistBs pension, will, for the purpose of clause 'a( above, be treated as if he was a pensioner. 5n such a case, the grant of an enhanced pension, if otherwise admissible, will be sub$ect to the recovery of the difference between the gratuity and the pension 'including dearness relief at the prevailing rate, if any(, which he would have drawn from the date of his discharge to the date of his re"employment. 2he recovery, due will be made within a period of , years from the date of his re" employment7re"enrolment in not more than ,0 installments from his pay. 2he first installment ill be payable within three months from the date of e"employment7re" enrolment. 5n individual cases the competent authority may rela% these re-uirements. +ervice <ualif"ing for pension an# gratuit" 122. 'a( All service from the date of appointment or enrolment7transfer for man's service to the date of discharge shall -ualify for pension or gratuity with the e%ception of& 'i( Any period of service on a temporary establishment or for which a special rate of pay is granted on the understanding that no pension is admissible. 'ii( Any period of service rendered before reaching the age of 11 years. 'iii( Any period of unauthorised absence unless pay and allowances are admitted for the period of absenceR 'iv( Any period of absence without leave, which is, regularised as e%traordinary leave without pay and allowances. 'v( Any period intervening between the date of dismissal7discharge7release and that of its cancellation, which is regularised as e%traordinary leave without, pay and allowances. 'vi( Any period of absence as a prisoner of war, unless pay and allowances are admitted for the period of absence. 'vii( Any period of detention in civil custody before being sentenced to imprisonment or fine, unless the +resident, in a special case, issues orders reducing the period that shall not count. 'viii( Any period of imprisonment by sentence of a civil court& or of a court martial. ____________________________________________________________________________________________________________________ R2 3#43A2A .0 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'b( 5n cases of claims to disability pension all service from the date of appointment or enrolment to the date of discharge shall -ualify for pension or gratuity sub$ect to e%ceptions 'i( and 'iii(& to 'viii( above. *orfeiture of +ervice for certain offences an# its restoration 12,. 'a( A person who bas been guilty of any of the following offences& 'i( *esertion, vide )ection ,8 of the Army Act. 'ii( Craudulent enrolment, vide )ection ,. 'a( of the Army Act, shall forfeit the whole of his prior service towards pension or gratuity upon being convicted by court martial of the offence. 'b( A person who has forfeited service under the provisions of the preceding clause but has not been dismissed shall, on completion of any period of three years further service in the colours and7or service in the reserve with e%emplary conduct and without any red in@ entry, be eligible to rec@on the forfeited service towards pension or gratuity. Con#onation of an Interruption of +ervice Q12.. Upon such conditions as it may thin@ fit to impose, a competent authority may condone interruptions of service in the case of a person whose pension is sanction able by an authority subordinate to the +resident as under& 'a( Jhen proposed pension e%ceeds Rs.,1,7" p. m. " interruptions not e%ceeding a period of 12 months in all 'b( when proposed pension is Rs.,1/7" p.m. or less"all interruptions whatever heir duration. '2( 5n the absence of a specific indication to the contrary in the service records, an interruption between two"spells of service rendered in civil or military capacity under entral !overnment shall be treated as automatically condoned and the pre"interrupted service treated as -ualifying service for pension7gratuity. ',( 6othing in clause '2( shall apply to interruption caused by resignation, dismissal or removal from service or participation in stri@e. '.( 2he period of interruption referred to in clause '2( shall not count as -ualifying service. Note' 1. 5n cases where service records are found to be incomplete or imperfect at the time of processing and finaliSing pension cases, the cases shall not be delayed but the officials responsible for the maintenance of the records will be held accountable for the deficiency, failure or omissions therein and action will be initiated against them. 2. 2he interruption caused by discharge at own re-uest is not e-uivalent to resignation. As such the term resignation used in clause ',( above is e%clusive of the interruption caused by discharge at own re-uest. ____________________________________________________________________________________________________________________ R2 3#43A2A .1 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Q Amended vide 4etter 6o. .;0:0717A!7+). 'a(728//77*'+en7)er( dated ,171:71; as amended vide 6o. A7.;0:0717A!7+). 'a(782/77* '+en7)er( dated 2;7,78/. Con#onation of #eficienc" in service for eligibilit" to service2reservist pension 12/. A%cept in the case of& 'a( an individual who is discharged at his own re-uest, or 'b( an individual who is eligible for special pension or gratuity under Regulation 10., or 'c( an individual who is invalided with less than 1/ years service, deficiency in service for eligibility to service pension or reservist pension or gratuity in lieu may be condoned by a competent authority upto si% months 5n each case. Counting of *orer +ervice for Pension an# Gratuit" 120. 'a( ombatants and enrolled non"combatants who have former service to their credit may be allowed by a competent authority to rec@on their former service towards pension and gratuity to the e%tent specified in the 2able below, sub$ect to the fulfillment of the conditions stated in column / thereof and provided that they were not dismissed from former service& 3able referre# to in Regulation >?= ____________________________________________________________________________________________________________________ R2 3#43A2A .8 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ )l. 6o . ategory of 9ilitary personnel *escription of former service A%tent to which former service specified in olumn , -ualifies for pension or gratuity in the present engagement sub$ect to the conditions in olumn / onditions to be fulfilled before former service are allowed to rec@on for pension or gratuity. Remar@s 1 2 , . / 0 1. ombatants of the Army. 'i( )ervice as combatants in the Army. Cormer pension7 gratuity -ualifying service in full. 'a( 5f discharged from former service on other than public groundsR onditions 1, 2, and ,. 'b( 5f discharged from former service on public grounds such as reorganiSation or reduction in establishmentR onditions 1 and ,. 'c( 5f discharged from former ____________________________________________________________________________________________________________________ R2 3#43A2A .; ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ service on war engagement terms under Release Regulations on Reduction of Army or demobilisationR onditions 1 and ,. 'ii( )ervice as enrolled 6on" combatants. Cormer pension7gratuity -ualifying service in full. onditions 1 and , provided they have completed , years service as a combatant. 'iii( )ervice in the *efence )ecurity orps. Cormer pension7gratuity -ualifying service, in full. onditions 1, 2 M ,. 'iv( alled out or embodied service in 2.A. Cull '97* letter 6o. A71;::87A!7+)" .'a(7/,/17* '+ea7)ers( *ated 17171;0;. onditions 1, 2 and ,. 'v( ivil )ervice 'entral or )tate(. Cull '9in. of *ef. letter 6o. Air <L72.2217,17++MR7,7,:11 7*'+en7)er( dated. 2.7.701. onditions 1M 2. 2. ombatants of Army Aducation orps. ontinuous former service as civilian school master of Cormer service -ualifying for pension under )Rs in full. onditions1 M 2. ,. 6on"ombatants 'Anrolled( )ervice as combatants or enrolled Cormer -ualifying service in full. ondition ,. ____________________________________________________________________________________________________________________ R2 3#43A2A /: ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ non" combatants. .. ombatants7non "combatants 'Anrolled( )ervice in the 6avy7Air Corce. 2o the e%tent that such service -ualifies for the grant of pension or gratuity under the +ension Regulations for the "6avy and Air Corce as the case may be. ondition 1, 2 and ,. ondition 2 will not apply if it would not have applied had the individual been enrolled in the 6avy7Air Corce. /. Reservists 'other than pensioner reservists( recalled to colours and discharged there from. +revious colour and reserve service. 'a( Cor colour pension7 !ratuity. Lualifying service with the colours in full and -ualifying service in the reserve to the e%tent authorised under specified !ovt. #rders. 'b( Cor reservist pension. All -ualifying, service with the colours7reserve in full. 'b( 2he condition 1, 2 and , referred to in column / of the 2able are as follows& Con#ition >-At the time of re"employment7re"enrolment, the 5ndividual shall have declared his former service and cause of discharge there from and elected to count that service towards pension or gratuity and retirement7death gratuity. 2he election once made shall be final. Con#ition ?-After re"employment7re"enrolment the individual shall have completed any consecutive period of three years service without two red in@ entries or a court martial conviction. 5n the case of combatants re"enrolled as such and transferred to the reserve before completing three years' colour service since re"enrolment, the period of three years for the purposes of this condition may be either wholly or partly with the reserve. Con#ition $-2he individual shall have refunded any gratuity, other than war gratuity, received "in, respect of his former service within a period of three years from the date of his re"employment7re"enrolment in not more than ,0 monthly installments from his pay. 2he first installment shall be payable within three months from the date of re"employment7re"enrolment. 'c( 5n individual cases, a competent authority may rela% at its discretion condition 2and ,. ____________________________________________________________________________________________________________________ R2 3#43A2A /1 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Rec&onable Eoluents for Calculation of Gratuit" an# other Pensionar" A)ar#s WEF 1/1/86 Q121. Rec@onable Amoluments for the purpose of assessment of gratuity and other pensionary benefits shall consists of& 'a( 5n the ase of X..#s&" Cor service pension&" 9a%imum pay of the pay scale including /:D of the highest classification pay, if any, of the ran@ held and !roup in which paid continuously for at least 1: months at the time of discharge. Cor all types of !ratuities and Camily pension 'ordinary, special and liberalised special( and Jar 5n$ury pension& " +ay including classification pay, if any, last drawn by the individual NCor personnel who retire or die after 107:;7;,, 2:D of the basic pay shall be treated as dearness pay. 2his dearness pay will count only for rec@oning emoluments for the purpose of retirement and death gratuity and for no other purpose. Auth&""!#5, *ept of +M+J #9 6o 1727;,"+M+J 'C( dated 1;771:7;,O 'b( 5n the case of other Ran@s As in 'a( above. 'c( 5n the case of 6on"ombatants 'Anrolled( As in 'a( above 128"1,1 Hlan@ QAmended vide 9* letter 6o 1'/( 817* '+ension )ervices( dated ,:"1:"81. ____________________________________________________________________________________________________________________ R2 3#43A2A /2 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ +EC3ION II - +ER6ICE PEN+ION G GRA3@I35 )ub")ection 5"Xunior ommissioned #fficers and #ther Ran@s 4iniu !ualif"ing +ervice for Pension 1,2. 2he minimum period of -ualifying service 'without weightage( actually rendered and re-uired for earning service pension shall be 1/ years. Ran& an# group for assessent of service pension 1,,. )ervice pension is assessed on the basis of the ran@ actually held by an individual regardless of whether it is held in a substantive or paid acting capacity, and the lowest group for which he is paid, during the last ten months of his service -ualifying for pension. Ran& for assessent of service pension on reversion fro Pai# Acting Ran&% Q1,,"A. Jhere an individual reverts to his substantive ran@ under the acting promotion rules either on account of his being on sic@ leave or additional leave pending discharge, the period of such reversion, though not counting as service in the higher paid acting ran@, will not constitute a brea@ in that acting ran@ provided he is discharged or invalided from service, or is re"appointed to the higher paid acting ran@, at the end of his sic@ leave or additional leave, as the case may be. Con#onation of #eficienc" of service in a particular ran& 1,.. A competent authority may condone a deficiency of service in a particular ran@ not e%ceeding three months, e%cept on voluntary retirement. In#ivi#uals re-ustere# fro a higher to a lo)er group 1,/. An individual who was re"mustered from a higher to a lower group on being declared surplus after rendering 1/ years or more of -ualifying service, may be granted, if more favourable than the pension otherwise admissible, the service pension that would have been, admissible had he been discharged on the date he was declared surplus. ____________________________________________________________________________________________________________________ R2 3#43A2A /, ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Q2his is also applicable in the case of <onorary ommissioned #fficers. <owever, these conditions will not he re-uired to be fulfilled in the case of X#s and e-uivalents who are granted honorary commission and who retire on completion of their tenure of appointment or are discharged on account of causes, beyond their control. Rates of service pension Q1,0. )ervice pension for ,, years of -ualifying service shall be calculated at /:D of the emoluments rec@onable for pension as defined in Regulation 121 sub$ect to a ma%imum of Rs../::7" per mensum, and for lesser period of -ualifying service it shall be proportionately reduced. 2he amount of pension finally arrived at shall be sub$ect to a minimum of Rs.,1/7"p. m. 'a( Hased on above, table of rates of service pension for Xunior ommissioned #fficers granted <onorary ommissions who have opted for the revised scales of pay introduced from 1st Xanuary 1;80, are given below. 2he rates of pension have been arrived at by adding a weightage of / years to the -ualifying service actually rendered, for instance, the pension for 1/ years service has been arrived at by ta@ing into account -ualifying service of 2: years 'including a weightage of / years(. __________________________________________________________________ Ran& Length of +ervice -5ears. Pensions Rs%p%% __________________________________________________________________ 'A( )ubedar '<ony 4t.( 21 1,:: )ub 9a$ '<ony )ub 4t.( 22 1,/: 2, 1.:: 2. 1./: 2/ 1/:: 20 1//: 21 10:: 28 10/: 'H( )ubeder '<ony apt( 21 1,.: )ubedar 9a$ '<ony apt( 22 1,;1 2, 1.., 2. 1.;. 2/ 1/.0 20 1/;1 21 10.; 28 11:: __________________________________________________________________ QM1 Amended vide !#5 9* letter 6o. 1'/( 817* '+ensions")ervices( dated ,:71:781. ____________________________________________________________________________________________________________________ R2 3#43A2A /. ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'b( 2he rates of service pension of X#s of the regular Army N#ther than those referred in clause 'a(O and other ran@s are& " Ran& Length of +ervice -5ears. Rates of service pension -Rs% p%%. !roup 'A' !roup 'H' !roup '' !roup '*' !roup 'A' '1( '2( ',( '.( '/( '0( '1( )epoy 1/ .1: ,1/ ,1/ ,1/ ,1/ 10 .,: ,8/ ,1/ ,1/ ,1/ 11 ./: .:, ,;: ,81 ,1/ 18 .11 .21 .:8 ,;; ,8. 1; .;1 ..: .20 .10 .:: 2: /12 ./8 ... .,, .11 6ai@ 1/ .0, .22 .:8 .:: ,81 10 .80 ... .28 .2: .:0 11 /:; .0/ ..; ..: .2/ 18 /,2 .80 .0; .0: ../ 1; /// /:1 .;: .8: .0. 2: /18 /28 /1: /:: .8, 21 0:1 /.; /,: /2: /:, 22 02. /1: //1 /,; /22 <avildar 1/ /2/ .1/ .// ..1 .,. 10 //1 .;; .18 .0; .// 11 /11 /2, /:: .;1 .11 18 0:, /.1 /2, /1. .;; 1; 0,: /1: /.0 /,0 /2: ____________________________________________________________________________________________________________________ R2 3#43A2A // ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 2: 0/0 /;. /0; //8 /.2 21 082 018 /;1 /81 /0. 22 1:8 0.2 01. 0:, /8/ 2, 1,. 00/ 0,1 02/ 0:1 2. 101 08; 00: 0.1 02; 6aib )ubedar 1/ 128 082 00. 0/2 0,1 10 10. 110 0;1 08/ 00; 11 8:: 1/: 1,: 111 1:: 18 8,1 18/ 10. 1/: 1,2 1; 81, 81; 1;1 182 10. 2: ;1: 8/, 8,: 81/ 1;0 21 ;.0 881 80, 8.1 828 22 ;82 ;21 8;0 88: 80: 2, 1:1; ;// ;,: ;1, 8;1 2. 1:// ;8; ;0, ;./ ;2, 2/ 1:;1 1:2, ;;0 ;18 ;// 20 1128 1:/1 1:2; 1:1: ;81 )ubedar 1/ 8.: 188 11: 1/8 1.0 10 882 828 8:; 1;0 18, 11 ;2. 801 8.1 8,. 82: 18 ;00 ;:1 880 812 8/8 1; 1::8 ;.0 ;2. ;1: ____________________________________________________________________________________________________________________ R2 3#43A2A /0 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 8;/ 2: 1:/: ;8/ ;0, ;.1 ;,2 21 1:;2 1:2/ 1::1 ;8/ ;1: 22 11,. 1:0. 1:.: 1:2, 1::1 2, 1110 11:. 1:18 1:01 1:.. 2. 1218 11., 1111 1:;; 1:81 2/ 120: 1182 11// 11,1 111; 20 1,:2 1222 11;. 111/ 11/0 21 1,.. 1201 12,2 121, 11;, 28 1,8/ 1,:: 121: 12/: 12,: )ubedar 9a$or 1/ ;0, ;:. ;:. ;:. 88. 10 1:11 ;.; ;.; ;.; ;28 11 1:/; ;;. ;;. ;;. ;12 18 11:1 1:,; 1:,; 1:,; 1:10 1; 11// 1:8. 1:8. 1:8. 1:0: 2: 12:, 112; 112; 112; 11:/ 21 12/1 111. 111. 111. 11.; 22 12;; 122: 122: 122: 11;, 2, 1,.1 120/ 120/ 120/ 12,1 2. 1,;0 1,1: 1,1: 1,1: 1281 2/ 1... 1,// 1,// 1,// 1,2/ 20 1.;2 1.:: 1.:: 1.:: 1,1: ____________________________________________________________________________________________________________________ R2 3#43A2A /1 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 21 1/.: 1../ 1../ 1../ 1.1. 28 to 1/88 1.;: 1.;: 1.;: 1./8 ,2 A##ition to +ervice Pension of Cavil#ars Grante# the Conorar" Ran& of Naib +ube#ars on Retireent 1,1. <avildars who are granted <ony ran@ of 6aib )ubedars on retirement, under the Regulations for the Army, shall be entitled to an additional pension e-ual to 2: per cent of the basic pension earned by them as <avildars. 2he additional pension shall be rounded off to the ne%t higher rupee and shall be ta@en into account for the purpose of commutation and grant of dearness relief. Governent of In#ia;s Decision Rates of service pension of +epo"s grante# Con" ran& of Nai& an# Nai& grante# Con"% Ran& of Cavil#ars )hile on the effective list% )epoys granted <ony ran@ of 6ai@ and 6ai@ granted <ony ran@ of <avildars under the time scale promotion rules, shall be entitled to the service pension of the ran@ held at the time of discharge, reduced by rupee one. Authorit"'-9#* letter 6o. 1/'1(78,7* 'A!( dated 287178.. In#ivi#uals 3ransferre# to the Reserve after Earning a +ervice Pension 1,8. An individual transferred to the reserve after earning a service pension shall be granted such pension from the date of his transfer. 9inimum Lualifying )ervice for !ratuity 1,;. 2he minimum period of -ualifying service actually rendered and re-uired for earning service gratuity shall be five years. N2he service gratuity shall be admissible only when one has not rendered the minimum -ualifying service for earning service pensionO +cale of +ervice Gratuit" 1.:. 'a( 2he service gratuity shall be admissible at a uniform rate of half a month's rec@onable emoluments N+ay including classification pay, if any last drawn( by the individual for each completed si% monthly period of -ualifying service. 2here shall be no deduction in the -uantum of service gratuity so arrived at in respect of personnel who are permitted to retire or are discharged prematurely on com" passionate grounds7personal reasons. 'b( M 'c( obsolete ____________________________________________________________________________________________________________________ R2 3#43A2A /8 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 1.1. #mitted In#ivi#uals re-ustere# fro a higher to a lo)er group 1.2. An individual who is re"mustered from a higher to a lower pay group, on being rendered surplus after having rendered / years or more but less than 1/ years -ualifying service and who is discharged in circumstances entitling him to a service gratuity, shall, where more favourable, be granted service gratuity, which he had earned upto the date of being rendered surplus. 1.,, 1.. Hlan@. +ub-+ection >>-Non-Cobatants -Enrolle#. 4iniu !ualif"ing +ervice for Pension 1./. 2he minimum -ualifying service for earning a service pension is 2: years. 'Jithout weightage( Rates of +ervice Pension 1.0. )ervice pension for ,, years of -ualifying service 'includingR weightage of / years( shall be calculated at /:D the rec@onable emoluments N9a%imum pay of the pay scale including /:D of the highest classification pay, if any, of the ran@ held and group in which paid continuously for at least 1: months at the time of dischargeO and for lesser period of -ualifying service it shall be reduced proportionatelyR the amount of service pension finally arrived at shall be sub$ect to a minimum of Rs.,1/7" p.m. Hased on Regulation 1./ and provisions of this regulation the Rates of )ervice +ension of 6 'A( who retired7retire on or after 171780 on revised scale of pay are as under&" Non-Cobatants -Enrolle#. Revise# rates of service pension omplete d years of -ualifying service 4ower and <igher ategory <ighest ategory )weeper, 9asalchi, Jaiter 9ess, Jaiter Jine, )yce, 9essenger, 3ennelman, oo@ 9ess, Jasher"man, Harber, 2ent 9a@er, )addler, 2ailor and Hoot ma@er oo@ )pecial =ears Rs. +.9. Rs. +.9. 2: ,1/ .,0 21 ,1/ ./. 22 ,8/ .11 2, ,;; .88 2. .1. /:0 ____________________________________________________________________________________________________________________ R2 3#43A2A /; ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 2/ .28 /2, 20 ..2 /.1 21 ./0 //8 28 to ,: .1: /1/ 4iniu !ualif"ing +ervice for Gratuit" 1.1. 2he minimum period of -ualifying service actually rendered and rendered for earning service gratuity shall be five years. N2he service gratuity shall be admissible only when one has not rendered the minimum -ualifying service for earning service pensionO +cale of +ervice Gratuit" 1.8. 2he service gratuity shall be admissible at a uniform rate of half a month's rec@onable emoluments N+ay including classification pay, if any last drawnO by the individual for each completed si% monthly period of -ualifying service. 2here shall be no deduction in the -uantum of service gratuity so arrived at in respect of personnel who arc permitted to retire or are discharged prematurely on compassionate grounds or for other personal reasons. 1.;. #mitted 1/: 1/1 Hlan@ 1/2 +ub-+ection III-Reservists Reservists in receipt of service pension 1/,. A reservist who is in receipt of service pension under the provisions of Regulation 1,8 will continue to draw such pension in addition to& " 'a( the retaining fee admissible whilst 5n the reserve, #r 'b( the normal pay and allowances admissible for the duration of periodical training as the case may be. )ervice in the reserve shall not -ualify for any higher pension or for gratuity. 3ie spent outsi#e the liits of In#ia( Nepal( +i&&i( Ahutan or +riLan&a 1/.. 2ime spent by a reservist, as a permanent resident beyond the limits of 5ndia, 6epal, )i@@im, Hhutan or )rilan@a shall not rec@on as service for pension or gratuity. Reservist Pension Q1//. An #R reservist who is not in receipt of a service pension may be granted, on completion of the prescribed combined colour and reserve -ualifying service, of not less than 1/ years, a reservist pension e-ual to 27,rd of the lowest pension admissible to a sepoy, but in no case less than Rs. ,1/7" p.m. on his transfer to ____________________________________________________________________________________________________________________ R2 3#43A2A 0: ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ pension establishment either on completion of his term of engagement or prematurely, irrespective of the period of colour service, Q Amended vide 9#* letter 6o. 1'/(7817*. '+en7)ervices( dated ,:71:781. 1/0 and 1/1 *eleted 3erinal Gratuit" to in#ivi#uals #ischarge# on copletion of prescribe# engageent )ith soe non-<ualif"ing service 1/8. A reservist who is discharged on completion of his prescribed engagement but who fails to -ualify for a reservist's pension on account of his service including some non"-ualifying period, which has the effect of reducing the period of his -ualifying service to less than 1/ years, may be granted a terminal gratuity at the scale of 27, a month's rec@onable emoluments N+ay including classification pay, if any last drawnO for each completed year of his colour service provided he has rendered not less than / years -ualifying colour service. 1/; 2o 10, Hlan@. ____________________________________________________________________________________________________________________ R2 3#43A2A 01 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ +EC3ION III-+PECIAL PEN+ION AND GRA3@I35 +pecial Pension G Gratuities to Hunior Coissione# Officers( Other Ran&s G Non-Cobatants -Enrolle#.-7hen a#issible 10.. )pecial pension or gratuity may be granted at the discretion of the +resident to individuals who are not transferred to the reserve and are discharged in large numbers in pursuance of !ovtBs. +olicy& " 'i( of reducing the strength of establishment of the Armed CorcesR #r 'ii( of re"organisation, which results in disbandment of any unit7formation. Ran& for Assessent of +pecial Pension 10/. )pecial pension is assessed on substantive or paid acting ran@ and the group actually held by an individual on the date of discharge. 100. #mitted. +cale of +pecial Pension an# Gratuit"B 101. 2he scale of special pension or gratuity is Q Cor personnel who retire or die on or after 10th )eptember 1;;,, 2:D of the basic pay shall he treated as dearness pay. 2his dearness pay will count only for rec@oning emoluments for the purpose of retirement gratuity and death gratuity and for no other purpose. NAuth'-!#5, *ept of +ension M +ensioner's Jelfare 6o. 1727;,"+ M +.J 'C( dt. 5;71:7;,. 2his letter is being -uoted by 9in of *efence and it has not issued any separate letter. )o e%aminees should -uote this letter without any reserveO Length of actual <ualif"ing service ren#ere# -)ithout )eightage. +cale of special pension2gratuit" A% Cobatants -a. +pecial pension 'i( 1/ years or more A-ual to normal service pension ____________________________________________________________________________________________________________________ R2 3#43A2A 02 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ at the rates specified in regulation 1,0. 'ii( 1: years or more but less than 1/ years A-ual to normal service pension as determined as per regulation 1,0. -b. +pecial gratuit" 'i( / years or more but less than 1: years A-ual to 1Z monthBs emoluments N+ay U classification pay, if any, last drawnO for each completed year of -ualifying service. 'ii( 4ess than / years A-ual to , month's emoluments N+ay Uclassified pay, if any last drawnO A% Non-Cobatants -Enrolle#. -a. +pecial pension 'i( 2: years or more A-ual to normal service pension 'ii( 1/ years or more but less than 2: years A-ual to service pension determined as per regulation 1,0. -b. +pecial gratuit" 'i( / years or more but less than 1/years A-ual to 1Z month's emoluments N+ay U classification pay, if any, last drawnO for each completed year of -ualifying service. 'ii( 4ess than / years A-ual to , month's emoluments N+ay Uclassified pay, if any last drawnO 108.#mitted 10; 2o 111 Hlan@ ____________________________________________________________________________________________________________________ R2 3#43A2A 0, ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ +EC3ION I6-DI+AAILI35 PEN+IONAR5 A7ARD+ Extent of Application 112. 'a( 2he regulations in this section shall apply to 'i( the individuals referred to in Regulation 112R 'ii( reservists when called up for service or for training. 'b( #bsolete Priar" con#itions for the grant of #isabilit" Pension Q11,. Unless otherwise specifically provided a disability pension consisting of service element and disability element may be granted to an individual who is invalided out of service on account of a disability which is attributable to or aggravated "by military service in non"battle casualty and is assessed at 2: per cent or over. 2he -uestion whether a disability is attributable to or aggravated by military service shall be determined under the rule in Appendi% 55. B Note for Exaines' -)ervice element o *isability pension is being notified on permanent basis w.e.f. 17171, and even if at some stage the percentage of disability of the pensioners, goes below 2:D, his service element notified initially continues to remain in force for life of the pensioner. <owever in the case of pre 17171, disability pensioners, the service element is contingent upon the continuance of disability element unless and until the pensioner has put in minimum of 1: years of service before 17,708 and / years of service after that date upto ,1712712, after which the service element becomes permanent feature as e%plained above. In#ivi#uals #ischarge# on account of their being peranentl" in lo) e#ical categor" 11,"A. 5ndividuals who are placed in a lower medical category 'other than ?AB( permanently and who are discharged because no alternative employment in their own trade7category suitable to their low medical category could be provided or who are unwilling to accept the alternative employment or who having retained in ____________________________________________________________________________________________________________________ R2 3#43A2A 0. ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ alternative appointment are discharged before completion of their engagement, shall be deemed to have been invalided from service for the purpose of the entitlement rules laid down in Appendi% 55 to these Regulations. Note% 2he above provision shall also apply to individuals who are placed in a low medical category while on e%tended service and are discharged on that account before the completion of the period of their e%tension. Reservists #ischarge# on account of being place# n a lo) e#ical categor" 11,"H. A reservist who is placed permanently in a lower medical category 'other than ?AB( and is discharged from the reserve on that account shall be deemed to have been invalided out of service for the purpose of the entitlement rules laid down in Appendi% 55 to these Regulations. +ervice ren#ere# in ai# of the civil po)er 11.. )ervice rendered in aid of the civil power shall be treated as military service for the purpose of disability pensionary awards. +erious negligence or iscon#uct 11/. 5f the disability of an individual is wholly or partly due to his serious negligence or misconduct, the amount of disability pension otherwise admissible may be reduced at the discretion of the competent authority. Re#uction in pension in cases )here copensation for #isabilit" is pai# fro public revenues Q110. 5f any compensation is paid from public revenues for a disability incurred in circumstances in which a disability pension is admissible under these Regulations, the amount of disability pension shall be reduced by an amount e-ual to the compensation, sub$ect to the condition that in no case the residual pension shall be less than the service element of disability pension. 2he element to be deducted on account of compensation shall be assessed on the basis of current commutation table by adopting the formula for wor@ing out the pension e-uivalent of gratuity. QAmended vide 9#* letter o. 21,.0.7107+en" dated 227.78:. Refusal to un#ergo e#ical treatent 111. ases where an individual suffering from a disability accepted as attributable to or aggravated by military 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, shall not be treated as those of FaggravationG or Fretardation of cureG under Regn. 118 but shall be dealt with as follows& " 'a( 5f the refusal to undergo treatment or an operation is reasonable, the full disability pension normally admissible under the regulations shall be granted. ____________________________________________________________________________________________________________________ R2 3#43A2A 0/ ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'b( 5f the refusal to undergo treatment or an operation is unreasonable, pensionary award be regulated as under& " 'i( 5n case where the +ension sanctioning authority in consultation with the 9edical Advisor '+ensions( where necessary, decides that an operation or medical treatment will cure the disability, the disability element shall be withheld but the service element as per regulation 180 shall be granted. 'ii( 5n cases where the pension sanctioning authority in consultation with the 9edical Advisor '+ensions( where necessary decides that an operation or medical treatment will reduce the disability to a lower percentage, the disability element of pension shall be restricted to that element which is appropriate to the lower percentage of disablement. 5f that lower percentage is less than 2: per cent, then only the normal service "element admissible as per regulations 180, shall be granted. 'iii( 2he -uestion whether an individual's refusal to undergo medical treatment or an operation for his"'disability is reasonable or unreasonable shall be decided in accordance with the criteria published in Appendi% I to these Regulations. 4anifestation of a #isabilit" after an in#ivi#ual is retire#2#ischarge# fro service 118. An individual who is retired7discharged from )ervice, otherwise than at his own re-uest, with a pension or gratuity, but who, within a period of ten years from the date of retirement7discharge, is found to be suffering from a disease which is accepted as attributable to his military service may, at the discretion of the competent authority, be granted, in addition to his pension7gratuity, a disability element at the rate appropriate to the accepted degree of disablement and the ran@ last held, with effect from such date as may be decided upon in the circumstances of the case. Note' 2he individual claiming the benefit under the provision of Regulation 118 above will send at, application the *A '+( through the Record office concerned re-uesting to be brought before a medical board. #n receipt of the application and the relevant documents, *A '+( will decide, where necessary, in consultation with the 9edical Adviser '+ensions( attached to his office, whether a prima"facie $ustification for bringing the claimant before a medical board e%ists or not. 5f it is decided to bring the individual before a medical board the *A '+( will re-uest the record officer concerned to arrange for a medical board in the normal manner, and forward the proceedings of the medical board to the *A '+( for further necessary action. Reassessent of the #isabilit"( )hich is peranentl" belo) ?F per cent at the tie of invali#ing 118"A. 5n cases where an individual's disability or its aggravation at the time of invaliding is permanently below pensionable degree, he may claim to be brought ____________________________________________________________________________________________________________________ R2 3#43A2A 00 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ before a medical board within a period of 1: years from the date of his discharge. 5f the disability is still assessed as permanent below the pensionable degree no claim for re"assessment shall be considered. Disabilit" at the tie of retireent2#ischarge 11;. An individual retired7discharged on completion of tenure or on completion of service limits or on completion of terms of engagement or on attaining the age of /: years 'irrespective of their period of engagement(, if found suffering from a disability attributable to or aggravated by military service and recorded by )ervice 9edical Authorities, shall be deemed to have been invalided out of service and shall be granted disability pension from the date of retirement, if the accepted degree of disability is 2: percent or more, and service element if the degree of disability is less than 2: per cent. 2he service pension7service gratuity, if already sanctioned and paid, shall be ad$usted against the disability pension7service element, as the case may be. '2( 2he disability element referred to in clause '1( above shall be assessed on the accepted degree of disablement at the time of retirement7discharge on the basis of the ran@ held on the date on which the wound7in$ury was sustained or in the case of disease on the date of first removal from duty on account of that disease. Note' 5n the case of an individual discharged on fulfilling the terms of his retirement, his unwillingness to continue in service beyond the period of his engagement should not effect his title to the disability element under the provision of the above regulation.OQ QAmended vide 9#* 4r.6o.A7222//7A!7+). 'd(7212/7+en"c date /71170; M !*A 4etter 6o. 0/117A2"+ date ,71711 Ran& for assessent of #isabilit" pension 18:. 2he ran@ for the purpose of assessment of service element and disability element of disability pension, shall be the substantive ran@ or higher paid acting ran@, if any, held by the individual, on any of the following dates, whichever is most favourable& " 'a( the date of discharge7invalidment from service, or 'b( the date on which he7she sustained the wound or in$ury or was first removed from duty on account of a disease causing his disablementR or 'c( if he7she 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. Note'-5n the case of an individual who on account of misconduct or inefficiency is reverted to a lower ran@ subse-uent to the date on which the wound or in$ury was ____________________________________________________________________________________________________________________ R2 3#43A2A 01 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ sustained or disability contracted, the ran@ for assessment of service and disability elements of pension shall be the ran@ held on the date of invaliding from service. Recruits an# "oung sol#iers an# Ao"s 181. Recruits and young soldiers, and Hoys, shall be eligible for disability pension at the rates and under the conditions applicable to a sepoy of the lowest group. In#ivi#uals re-ustere# fro a higher to a lo)er group 182. 2he service element of disability pension in respect of an individual other than officer who was re"mustered from a higher to a lower group on being declared surplus after rendering 1/ years or more of -ualifying service may be assessed, where more favourable than the service element of disability pension otherwise admissible, on the ran@ and group held on the date he was declared surplus and the -ualifying service rendered upto that date. Aount of #isabilit" pension 18,. 2he disability pension consists of two elements viS. service element and disability element, which shall be assessed as under& " ->. +ervice eleent 'a( Jhere the individual has 'i( A-ual to normal service pension rendered sufficient relevant to the length of -ualifying service to earn a service service actually, rendered, plus a +ension i.e. actual service weightage of / years as given in is 1/ years or more 2: Regulation 1,0 'a( or 1.0 . years or more in the case of 6s 'A( 'b( Jhere the individual has 'i( 5f the disability was sustained not rendered sufficient while on flying or parachute service to -ualify for a $umping duty in an aircraft or service pension while being carried on duty in an aircraft under proper authority& 2he minimum service pension appropriate to his ran@ ')ee regulation 18:( and group, if any 'ii( 5n all other cases& A-ual to the service pension as determined per Regulation 1,0 'a( or 1.0, but it shall in no case, be less than 27,rd of the minimum service pension admissible to the ran@7pay !roup. 5t shall be further sub$ect to a minimum of Rs.,1/7p.m. __________________________________________________________________ ____________________________________________________________________________________________________________________ R2 3#43A2A 08 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Note- Jith effect from 28th 6ovember 1;02 and for so long as similar orders e%ist in respect of entral ivil !overnment servants, the provisions of clause 'i( above shall also apply to flights in non"service, i.e., ivil or hartered, aircraft. -?. Disabilit" eleent Cor 1:: percent disablement the rates of disability element will be as follows&" W.e.f. 1/1/86 Ran@ *isability element X#s granted <onorary ommission while on the effective list. X#s #ther Ran@s76s 'A( Rs. +.9. 1/:7" //:7" ./:7" Cor lower percentages of disablement down to 2: percent the rates will be proportionately reduced. +rovided that where permanent disability is not less than 0:D, the disability pension 'i.e., total of service element and disability element( shall not be less than the special family pension admissible vide Regulation 221 'b( i.e., it shall not be less than 0:D of the rec@onable emoluments )ub$ect to a minimum of Rs.1/:7" +.9. and ma%imum of Rs.2, /::7" p.m. NAuth" 9* letter 6o 1'/(7817*" '+en" sion7)ervices( dated ,:71:7811 5n case where an individual is invalided out of service before completion of his prescribed engagement7service limit on account of a disability which is attributable to or aggravated by military service and is assessed below 2: percent, he will be granted an award e-ual to service element of disability pension determined in the manner given in Regulation 18, +ension Regulations for the Army +art 5 '1;01(, read with Appendi% 'A' to Al 57)71/ and Anne%ure 5 M 55 to Al ,7)71/. 2his benefit will also be allowed in all cases where an individual is granted disability pension but whose degree of disablement subse-uently falls below 2: percent. ____________________________________________________________________________________________________________________ R2 3#43A2A 0; ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Note- 5n the case of a re"employed pensioner who was in receipt of pension in addition to pay and allowances under regulation 12: and clause 'b( of regulation 121 only disability element will be admissible in addition to the service pension already in issue. 18,"A"Recruits, =oung )oldiers and Hoys, shall be eligible for a disability pension at the rates and under the conditions applicable to a sepoy of the lowest group. 18.. #bsolete Perio# of grant of #isabilit" pension )hen the invali#ing #isabilit" is INCAPAALE of iproveent 18/. 'a( 5f the disability is certified on the basis of an invaliding or resurvey medical board to be incapable of improvement disability pension shall be granted for a period of 1: years 1n the first instance. *uring this period the pensioner will have a right to claim re"assessment of his pension on the basis of aggravation, if any. Jhere the disability pension is modified as a result of reassessment, the pension shall again be granted for a period of 1: years from the date of the revised award provided the disability is still regarded as incapable of improvement. Aach successive assessment at higher or lower rates will be for a 1: years period during which the pensioner will be given an opportunity to have his pension reassessed on the basis of further aggravation. 'b( Jhen the percentage of disablement has remained unmodified for a period of 1: years, the pensioner shall be brought before Re"survey 9edical Hoard at the end of ten years and in the event of the disability still being regarded by the pension sanctioning authority as incapable of improvementR his pension shall be sanctioned for life. 2hereafter, no revision of pension will be admissible. 'c( 5n cases where the invaliding disability is loss of limb 's(, total loss of sight, loss of one eye, amputation, etc., and where the -uestion of improvement7worsening of its physical condition do not arise, the award shall be sanctioned for life in the first instance itself. Perio# of grant of #isabilit" pension )hen invali#ing #isabilit" is CAPAALE of iproveent Q18/"A. Jhere the disability whether attributable to or aggravated by military service of an individual is considered as capable of change 'improve or deteriorate(R the period of the first award calculated with reference to the date of the medical board will be in the range of one to five years. 2he actual period of award in such cases will, however, be decided by the 9edical Hoard having due regard to the circumstances7conditions of each case. 2he period of the award on resurvey will also be for a period ranging from one to five years and will be decided after ta@ing into account the circumstances of each case. Jhen the disability is accepted at the same percentage on the basis of three consecutive medical boards including the release7invaliding medical boards, the ____________________________________________________________________________________________________________________ R2 3#43A2A 1: ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ disability will be normally accepted as incapable of improvement and regulated under the provision of Regulation 1., and the award of disability pension7disability element shall then., be sanctioned for a period of 1: years in the first instance. +rovided that, if in any case where the degree of disablement has been assessed at the same percentage by the three successive boards, but the medical authorities are not in a position to recommend that the disability is of permanent nature, the same may be continued to be assessed on temporary basis for such shorter periods as may be considered $udicious on the merits of each case. QAmended vide 9#* letters 6o. A72/1;07A!7+). 'd(7807;17+en" dated ,:7:8710 and 1'1(78,7+en" dated 07178. Pensionar" a)ar#s )hen the #egree of #isableent is reassesse# at less than ?F percent Q180. '1( An individual who is invalided out of service with a disability attributable to or aggravated by service but assessed at below 2: percent shall be entitled to service element only. '2( An individual who was initially granted disability pension but whose disability is re"assessed at below 2:D subse-uently shall cease to draw disability element of disability pension from the date it falls below 2: per cent. <e shall, however, continue to draw the service element of disability pension. Grant or reassessent of #isabilit" pension )hen the #egree of #isableent increases 181. 5f, at any time, an increase which is properly referable to service factors occurs in the degree of disablement, a disability pension may be granted, or the pension already granted may be increased, to the appropriate higher rate, with effect from the date of the medical board on the basis of whose findings the compenent authority accepts the higher degree of disablement. Refusal to appear before a re-surve" e#ical boar# 188. 5n case a pensioner who has been as@ed under any rule or order to appear before a re"survey medical board, for re"assessment of his disability, refuses to do so, the disability element of his pension shall be suspended from the date of such refusal. <e shall, however, continue to draw service element. Constant Atten#ance Allo)ance 18;. A constant attendance allowance at the rate of Rs.,::7p.m. may be granted to an individual who is awarded a disability pension as for 1:: percent disablement, if in the opinion of the invaliding or a resurvey medical board he needs the services of a constant attendant for at least a period of three months, and the necessity arises solely from the condition of the accepted disability or disabilities. ____________________________________________________________________________________________________________________ R2 3#43A2A 11 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 2he allowance may also be granted if the accepted degree of disablement of an individual is assessed at 1:: percent, but a reduced award is made under Regulation 11/ provided the remaining conditions for the grant of the allowance are fulfilled. 2he payment of the allowance shall be governed by the regulation laid down in Appendi% 555. QAmended vide A5 .7)71/ and .7)710. A#issibilit" of #isabilit" pension to a pensioner reeplo"e#2re-enrolle# )ithout #isclosing his invali#ation 1;:. A pensioner, who on his re"enrolment in the Army does not disclose that he7she was previously discharged from service with the Armed Corces for medical unfitness, shall be debarred from the date of his7her re"enrolment from any disability +ension admissible to him7her in respect of his7her previous service with the Armed Corces. 5f his7her re"employment is terminated or account of his medical unfitness or if on termination of the re"enrolment he7she is brought before a medical board, his7her claim for a disability pension after the termination of re" enrolment will be submitted for orders of the !overnment of 5ndia. )uch orders will duly ta@e into consideration the effect of his re"enrolment in the Army )ervice in aggravating previous disability or introducing a new one. Note' 2he above provision shall cover all types of cases of disability and not merely cases of invalidment proper. 1;1 to 1;/ Hlan@ ____________________________________________________________________________________________________________________ R2 3#43A2A 12 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ +EC3ION I6 A-IN6ALID PEN+ION AND GRA3@I35 E93EN3 O* APPLICA3ION 1;0. 2he Regulations in this )ection shall apply to such Xunior ommissioned #fficers 'including those granted <onorary ommissions(, #ther Ran@ and 6on" ombatants 'Anrolled( referred to in Regulation 112. IN6ALID PEN+ION2GRA3@I357CEN AD4I++IALE 1;1. 5nvalid pension7gratuity shall be admissible in accordance with the Regulations in this chapter, to 'a( an individual who is invalided out of service on account of a disability which is neither attributable to nor aggravated by serviceR 'b( an individual who is though invalided out of service on ' account of a disability which is attributable to or aggravated service, but the disability is assessed at less than 2:D, and 'c( a low medical category individual who is retired7discharged from service for lac@ of alternative employment compatible with his low medical category. 4INI4@4 !@ALI*5ING +ER6ICE 1;8. 2he minimum period of -ualifying service actually rendered and re-uired for grant of invalid pension is 1: years. Cor less than 1: years actual -ualifying service invalid gratuity shall be admissible. 1;;. #mitted. +CALE O* IN6ALID PEN+ION 2::. 2he scale of invalid pension shall be as under& " Categor" of Personnel +cale > ? 'a( Xuniorommissioned Amount e-ual to the service element #fficers granted <onorary of disability pension that would have ommissions while on the been admissible in case the causes effective list were attributable to or aggravated by service. ____________________________________________________________________________________________________________________ R2 3#43A2A 1, ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'b( Xunior ommissioned "*# #fficers and other Ran@s. 'c( 6on"ombatants "*# 'Anrolled( +cale of Invali# Gratuit" 2:1. 5nvalid gratuity may be granted at the scale of half a monthBs rec@onable emolument N+ay U lassification pay, if any, last drawnO for each si% monthly period of service. 2:2"2:/. Hlan@ ____________________________________________________________________________________________________________________ R2 3#43A2A 1. ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ +EC3ION 6-*A4IL5 PEN+IONAR5 A7ARD+ +ub-+ection I - General Extent of Application 2:0. 'a( Unless otherwise provided the regulations in this section shall apply to & " 'i( 2he individual referred to in Regulation 112. 'ii( Reservists when called up for service or for training. 'b( #bsolete +erious Negligence or 4iscon#uct Q2:1. 5f the death of an individual is wholly or partly due to his or her serious negligence or misconduct, the amount of special family pensionary awards otherwise admissible shall not be reduced. 2:8. *eleted. 2:;, 21:, 211 Hlan@ QAmended vide 9* letter 6o. 22:/1.7117+en" dated ,171718. +@A +EC3ION II-*A4IL5 PEN+ION AND GRA3@I35 Or#inar" *ail" Pension 212. )ee A5 /178: reproduced in officer section Note for the Rea#ers 1. #rdinary Camily +ension to who applicable. Camilies of Armed Corces +ersonnel e%cept& " 'a( 6 Au%iliary adet orps and 4o@ )ahaya@ )ena. 'b( 2A personnel e%cept when they die while rendering 9ilitary )ervice. 'c( +ersons who are e%ecuted on being convicted of death sentence by court. 2. #rdinary Camily +ension Jhen admissible. Jhen an individual dies on account of causes, which are neither attributable to nor aggravated by 9ilitary )ervice. 'i( either while in service provided he had been found fit after successful completion of the re-uisite training and medical e%amination for ____________________________________________________________________________________________________________________ R2 3#43A2A 1/ ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ commission or at the time of enrolment in the case of personnel below officer ran@. 'ii( or after retirement7discharge from services and was on the date of death in receipt of or eligible for retiring7special7Reservist7disability7invalid7Jar in$ury pension. 'iii( *eath due to suc@le does not dis-ualify the heir from ordinary family pension. +ub8ect-Grant of Or#inar" *ail" Pension to 7i#o)s2Chil#ren of Ar"2Nav"2Air *orce Personnel 1. 2his 9inistry's letter 6o. A7:012.7A!7+)".'a(7;0/7H7* '+ens7)ers.( dt. ,"8"1;1; regarding grant of #rdinary Camily +ension to widows7children of Army76avy7Air Corce personnel, is amended as follows& " 5n partial modification of the provision of A5 27)70. and corresponding instructions on the 6avy and Air Corce sides, the +resident has been pleased to waive the condition of one yearBs continuous active service at the time of death7invalidment of service personnel for the purpose of grant of ordinary family pension in respect of such personnel under the aforesaid instructions provided the person immediately before his recruitment7commissioning was found fit after medical e%amination. 2. 2his corrigendum will have effect from 21th Xanuary 1;1;. ,. 2his issues with the concurrence of 9inistry of Cinance '*ef.( vide their u.o. 6o. 18/:7)7+en dt. ."1"1;82. NAuth"!ovt. of 5ndia, 9in. of *efence, 6ew *elhi, letter 6o. A7:012.7A!7+)". 'a(7,;H7* '+ens7)ers( dt. 2,"1"1;82.O +pecial *ail" Pension 21,. A special family pension may be granted to the family of an individual if his death was due to or hastened by 'a( a wound, in$ury or disease which was attributable to military service, #R 'b( the aggravation by military service of a wound, in$ury or disease, which e%isted before or arose during military service. +ervice ren#ere# in ai# of the civil po)er 21.. )ervice rendered in aid of the civil power shall be treated as military service for the purpose of family pensionary awards. Pension inten#e# for the )hole fail" 21/. )pecial family pension is intended for the support .of all the eligible members of a family, irrespective of in whose name it stands. Eligible ebers of the fail" ____________________________________________________________________________________________________________________ R2 3#43A2A 10 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 210. 2he following members of the family of a deceased individual shall be viewed as eligible for the grant of a special family pension, provided that they are otherwise -ualified& " 'a( widow7widower lawfully married. 5t includes a widow who was married after individualsB release7retirement7discharge7invalidment. 'b( )on actual and legitimate7including validly adopted. 'c( *aughter, actual and legitimate7 'including validly adopted(. 'd( Cather. 'e( 9other. 'f( Hrother 'g( )ister Note >-2he term FwidowG 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 individual's discharge7invalidment. Note ? -2he term FchildG 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 discharged7invalidment of the individual. Note $ -2he term FfatherG and FmotherG or FparentsG used in the above or any other rule in this sub"section shall also 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 tide of, or got lawfully married subse-uent to, the conception of deceased member of the forces. Note for the Rea#ers 5f any member of family 5s denied any share in the property of the individual under a will or deed such member shall be debarred for spl. Camily +ension #rder of priority in which payable. 5n the case of personnel below officer ran@ 'i( 6ominated heir and on her7his dis-ualification or death to other member, one at a time as per priority vide Regulation 210. 'ii( 5n the absence of nomination, to the widow and on her dis-ualification or death to the eligible chid. 5n case there is no widow7widower the eligible chili, it shall be paid to the father and in his absence to the mother. Ex-gratin a)ar#s of other relatives Q211. An e%"gratin award may be sanctioned to foster parents or a stepchild of an individual whose death ta@es place in the circumstances mentioned in regulation 21,, sub$ect to the condition that the claimant was largely dependent on the deceased for support at the time of death and is in pecuniary need. '2( An award under clause '1( above shall not be made if a special family pension is admitted to a member of the family specified in regulation 210. ____________________________________________________________________________________________________________________ R2 3#43A2A 11 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Noination of an heir to fail" pension 218. 'a( An individual may nominate any, but only one, of the relatives specified in Regulation 210, as heir to the special family pension. 'b( A !or@ha recruited from, or whose family resides in, 6epal may, however, nominate in addition, another relative from amongst those specified in regulation 210 as an alternative heir to special family pension. 2he second heir shall, however, be treated as a nominated heir only if the first is dead or dis-ualified on the date on which the pension sanctioning authority decides that the claim to special family pension is admissible. QQ'c( 2he individual may change the nomination in favour of another eligible heir at any time during his service or after discharge. 'd( 2he original or the revised nomination referred to in clauses '1( and '2( above shall be made in triplicate in the prescribed form as at Appendi%"5I and shall be attested by the # of the Unit if the soldier is serving or by any of the responsible persons mentioned in the nomination form if he is a pensioner. Jhere the nominated person is dead or dis-ualified or in the absence of any nomination referred to in clause '1( above, special family pension shall be granted to one of the member of the family, in the order of priority indicated in Regulation 210. Q Note for the Rea#ers' - Rates of A%"gratia awards to foster parents and step children will be /:D of the rates prescribed in Regulation 221 'a(. 4i@ewise rate of *ependent pension admissible to eligible parents and brother sister will be e-ual to /:D of the special family pension laid down in Regulation 221 'a( QQ '( M '*( inserted vide 9#* letter 6o. 21:12;712'+en"( dated 1,71271,. Con#itions of eligibilit" for a fail" pension 21;. A relative specified in Regulation 210 shall be eligible for the grant of family pension, providedR General 'i( he or she is not in receipt of another pension from !overnmentR 'ii( he or she is not employed under !overnment 7i#o) 'iii( a widow has not remarried. 2his condition shall not apply to a widow who remarried her deceased husbandBs brother, and continues to live a communal life with and7or contributes to the support of the other living eligible heirs. +on 'iv( a son is below the age of 2/ years. Daughter 'v( a daughter until she attains the age of 2/ years or marriage whichever is earlier. Parents ____________________________________________________________________________________________________________________ R2 3#43A2A 18 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ )econd life Awards 'special family +ension( shall be admissible to the parent 's( of the deceased and in the absence of the parents, eligible brother and sisters of the deceased of the rate of /:D of the special family pension determined vide Regulation 221'a(, if the claimants was7were largely dependent on the deceased for support and is7are in pecuniary need. 4other 'vi( a mother who is a widow at the time of her son's death or who becomes a widow thereafter, has not remarried. 5f she had remarried before her son's death, she shall remain eligible for the special family pension, unless and until she again becomes a widow and remarries. Arother2+ister 'vii( 2he brothers7sisters were largely dependent on the deceased for support and are in pecuniary need. 'viii( 5n the case of brother he has not completed the age of 2/ years. 'i%( 5n the case of sister, sire has not completed the age of 2/ years or has not married 3o )ho the original grant of fail" pension is a#e 22:. 'a( Jhere there is a nomination& " 'i( 5f on the date on which the pension sanctioning authority decides that the claim to family pension is admissible the nominated heir is alive and eligible, the pension shall be granted to him or her. 'ii( 5f on the date referred to above, the nominated heir is dead or dis-ualified, the pension shall be granted to the heir who stands highest in the fist of living heirs specified in Regulation 210 and is eligible under Regulation 21;. 'iii( 5f an heir 'other than the widow( who is nominated for the family pension waives his or her claim in favour of the widow, the pension shall be granted to her, provided she is eligible on the date referred to at sub"clause 'i( above. 'iv( #bsolete 'v( #bsolete Note- 2he date on which the pensions 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 '*A '+(( and the action for actual grant and notification thereof is commenced. Note for the Rea#ers' -An #R can nominate a member of his family for pension. A !or@ha #R can nominate alternate heir also. 2he nomination can be revised. 'b( Jhere there is no nomination& " ____________________________________________________________________________________________________________________ R2 3#43A2A 1; ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'i( 2he pension shall be granted to the living heir who stands highest in the list in Regulation 210 and who is eligible under Regulation 21;, on the date on which the pension sanctioning authority decides that the claim to pension is admissible. 'ii( #bsolete Date fro )hich a grant of fail" pension ta&es effect 221. 'a( 2he 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 nominated heir and in the absence of nomination to the highest living heir on the date referred to in Regulation 22: 'a( 'i(. +ending en-uiry award already paid, if any, shall be ad$usted in accordance with Regulation .8 of +ension Regulation 'Army(, 1;01, +art 55. 'b( 5f on the date referred to in clause 'a( all the eligible members are dead or dis-ualified, the arrears may only be paid at the discretion of the +resident. 'c( 5n no case shall claims preferred after dis-ualification of a claimant be entertained& Grant of fail" pension to an in#ivi#ual in receipt of another pension fro Governent or in Governent eplo"ent 222. 'a( Jidows in receipt of another pension from !overnment or in !overnment employment shall not be debarred from the payment of special family pension, sub$ect to the condition that no two pensions in respect of the same person shall be admissible. A special family pension will not normally be granted if and for so long as an individual 'other than the widow( is in !overnment employment or in receipt of another pension from !ovt. 5f however, the pay of the appointment or the pension is less favourable than the special family pension admissible under these regulations, the following provisions shall apply& " 'i( 7here the in#ivi#ual is in Govt% eplo"ent-<alf the family pension normally admissible' shall be paid. Cull family pension shall be payable on termination of appointment sub$ect to clause 'c(. 'ii( Jhere the individual is in receipt of a pension under these regulations"5t shall be held in abeyance for so long as family pension is payable, either under these regulations or under the 6avy or Air Corce +ension Regulations. 2he amount, if any, paid on account of the lesser pension, from the date, which the grant of family pension ta@es, effect shall be ad$usted accordingly. 'iii( Jhere the individual is in receipt of a pension under the civil rules"2he amount of family pension admissible under these Regulations shall be abated by the amount of such pension. ____________________________________________________________________________________________________________________ R2 3#43A2A 8: ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'b( Jhere, however, the pecuniary circumstances of a claimant in receipt of another pension are such that the operation of clause 'a( is li@ely to cause genuine distress, the case shall be submitted for the orders of the !overnment. 'c( )pecial family pension under these regulations shall not be abated7discontinued by the grant of pension under the entral of )tate 'A%tra"ordinary( +ension Rules. A special family pension under these regulations and e%tra"ordinary pension under the civil rules in respect of the same person will, not, however, be admissible. 'd( 2he provisions of this regulation shall also be applicable when the recipient of a special family pension, is subse-uently employed under !overnment or granted another pension from !overnment. Ran& an# group on )hich special fail" pension an# gratuit" is assesse# 22,. A%cept in the case of X# granted honorary commission while on the effective list, the special family pension and gratuity shall be assessed on the substantive ran@ or a higher paid acting ran@, if any, and group held by an individual on any of the following dates, whichever is the most favourable& " 'a( the date of death if death occurs in service or date of discharge7invaliding if death ta@es place after discharge7invalidingR #r 'b( the date on which the individual sustained the wound or in$ury or was first removed from duty on account of the disease causing his death #r '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. Note- 5n the case of an individual, who on account of misconduct or inefficiency is reverted to a lower ran@ subse-uent to the date on which the cause of death originated the ran@ for assessment of special family pension and gratuity shall be the ran@ held on the date mentioned in clause 'a( above. Recruits an# 5oung +ol#iers 22.. )pecial family pensionary award will be admissible in respect of recruits and young soldiers at the rates and under the conditions applicable to sepoys of the lowest group. In#ivi#uals Re-ustere# fro a higher to a lo)er group 22/. 2he family pension in respect of an individual who was re"mustered from a higher to a lower group on being declared surplus after rendering 1/ years or more of -ualifying service, may be assessed, where more favourable than the awards otherwise admissible, on the pay drawn on the date he was declared surplus. ____________________________________________________________________________________________________________________ R2 3#43A2A 81 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Rtes of Or#inar" *ail" Pension Q220. 2he rates of ordinary family pension in respect of Xunior ommissioned #fficers granted <onorary ommission is& " Rec@onable emoluments N+ay U lassification pay, if any, last drawnO by the deceased Amount of monthly family pension 'i( 6ot e%ceeding Rs. 1/::7" p.m. ,:D the rec@onable emoluments sub$ect to a minimum of Rs. ,1/7" p.m. 'ii( A%ceeding Rs. 1/::7" p.m. but not e%ceeding Rs. ,:::7" p.m. 2:D the rec@onable emoluments sub$ect to a minimum of Rs. ./:7" p.m. 'iii( A%ceeding Rs. ,:::7" p.m. 1/D of the rec@onable emoluments sub$ect to a minimum of Rs. 0::7" and a ma%imum of Rs. 12/:7"p.m. Q Cor detailed narration see A5 /178: in officers section. Rates of +pecial *ail" Pension 221. 2he rates of )pecial Camily +ension inclusive of children allowance and children education allowance shall be as under irrespective of whether the deceased personnel of the Armed Corces, has completed 1 years of service or not [ Rec@onable emoluments N+ay U classification pay, if any, drawn lastO Rate of )pecial Camily +ension 'p.m.( 'a( 5f the Jidow is hildless 'i( 6ot e%ceeding Rs. 1/::7" /:D of the rec@onable emoluments 'ii( A%ceeding Rs. 1/::7" but not e%ceeding Rs. ,:::7" .:D of rec@onable emoluments sub$ect to a minimum of Rs. 1/:7" 'iii( A%ceeding Rs. ,:::7" ,:D of rec@onable emoluments sub$ect to a minimum of Rs. 12::7" and ma%imum of Rs. 2/::7" ____________________________________________________________________________________________________________________ R2 3#43A2A 82 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'b( 5f the widow has hild7hildren 5n all eases. 0:D the rec@onable emoluments sub$ect to a minimum of 5ts. 1/:7" and ma%imum of Rs. 2/::7" )pecial Camily +ension at the rates indicated in 'b( above shall be admissible to the widow till the hild7hildren attain the age prescribed under the rules and thereafter the widow shall, be paid family pension at the rates indicated at 'a( above. )pecial family pension shall be regulated similarly where parents in the case of personnel below officer ran@, have been nominated as the first awardee. 5n cases where special family pension is granted to the widow and she dies or remarries, the children shall be paid special family pension at the rates indicated in 'a( above and same rate shall also apply to fatherless7motherless children. 5n both cases, special family pension shall be paid to the children for the period during which they would have been eligible, as in the case of ordinary family pension. Division of fail" pension bet)een eligible heirs 228. 'a( 5f the recipient of special family pension refuses to contribute proportionately towards the support of other eligible heirs in the family who were dependent on the deceased or if the pension is in the name of a child but is not devoted to the interest of the family generally, a competent authority may, on the basis of the verification7investigation report rendered by the \ila )aini@ Hoard Recruiting #rganisation and attested or countersigned by any one of the under mentioned local civil authorities, divide, at his discretion, the special family pension among the eligible heirs of the deceased& 'a( )arpanch of a village 'b( Any serving or retired !aSetted #fficer, civil or military, including a X# 'c( )ub +ostmaster 'd( Lanungo or +atwari 'e( )ub 5nspector of +olice 'f( A member of 9unicipal orporation or committee or \illa +arishad 7 *istrict Hoard. 'g( +anchayat +resident7Iillage 9unsif7+atel7Iillage #fficer7+anchayat A%ecutive #fficer. 'h( 9.+.79.4.A.79ember of 4egislative ouncil. 'i( #ath ommissioner76otary +ublic. Note >- 2he competent authority may order similar division of family pension 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 he7she is not willing to contribute proportionately towards their support. ____________________________________________________________________________________________________________________ R2 3#43A2A 8, ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Note ?- 5n the event of a division of family pension the widow's share shall not be less than the normal rate of ordinary family pension that would have been admissible to her had the death not been held as attributable to service. 'b( 2his division shall hold good only for the period during which the pension is payable to the original recipient under the regulations governing its grant. 5f during this period one of the parties to the division 'other than the original recipient( is dis-ualified or dies, his or her share shall be restored to the original recipient if he or she is the only one thing or shall be divided among the remaining recipients, if there are more than one. 'c( N+rovision of this +ara has since become obsolete as the erstwhile system of sanctioning special family pension to the widow7widower7eligible heir and children allowance and children education allowance to each child separately has been discontinued w.e.f 171780 vide 9inistry of *efence letter 6o. 1'/(7817* '+ensions7)ervices( dated ,:71:781O. JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ C%G%D%A;s Decision +ub8ect- 2o over rule decision of *A '+( by 9inistry of *efence in regard to division of Camily +ension in respect of personnel below of personnel below officer ran@ A -uestion was raised as to whether the 9inistry of *efence is competent to over rule the decision of *A '+ensions( " in regard to division of family pension in r7o personnel below officer ran@. 2he Administrative and Cinancial authorities at these <ead-uarters have decided that the decision arrived at by *A '+ens( in regard to these cases can be overruled by the 9inistry of *efence in consultation with the 9inistry of Cinance '*ef.( and not by the 9inistry of *efence alone. NAuth ".!.*.ABs. letter 6o. 0.2.7A2"+ dt. ,";"1/ in response to *A '+ens( Allahabad 6o. A2"/7I55722:7*iv7C.+. dt. 21"8"1,.O __________________________________________________________________ 3ransfer of *ail" Pension 22;. Jhen for any cause a special family pension ceases to be payable to an heir other than the widow, it shall be transferred to the widow at the same rate provided she is not dis-ualified under Regulation 21;. Continuance of +pecial *ail" Pension 2,:. After the e%piry of 1 st life award of special family pension to all eligible members for it second life award of special family pension may be granted to the parents and in their absence to the brothers and in the absence of parents7brothers, to sisters, provided they were largely dependent on the deceased for support and are in pecuniary need. ____________________________________________________________________________________________________________________ R2 3#43A2A 8. ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ '2( )econd fife award shall be admissible only to one eligible member and on his7her death7dis-ualification it shall not be transferred to any other heir. ',( Jhen both the parents are alive, second life award will be payable to the father if he is otherwise eligible. 5t shall be payable to the mother only when father is not alive. '.( 5n the case of brothers7sisters, "second life award shall be payable to the highest eligible brother7sister. '/( 2he second life award shall be granted from the date of application of the claimant. 7hen Pa"ent of *ail" Pension ceases 2,1. 2he payment of family pension shall cease when the recipient ceases to fulfill the conditions of eligibility under Regulation 21; or on his7her death, whichever is earlier. Restoration of a +pecial *ail" Pension to a 7i#o) Q2,1"A. '1( 2he special family pension of a widow, which was discontinued on her re"marriage may be restored to the event of her again becoming a widow or such marriage being annulled by divorce or desertion by the second husband if she is otherwise -ualified, and provided her pecuniary circumstances are such as in the opinion of the +resident to $ustify restoration of the pension. '2( )hould the widow become eligible on the death of her second husband for a pension under these regulations at a different rate, she may choose that which is more beneficial to her. Q Regulation 2,1"A with its heading inserted vide . ). /875I701. *ail" Gratuit" 2,2. A gratuity at the rates laid down in clause 'c( below may be granted, in addition to special7liberalised special family pensionary awards to the 'widow Nchild 'ren(7parent's(O of an officer who 'i( is @illed in action, or dies of wounds sustained in actionR or 'ii( is @illed while on flying duty or parachute $umping duties in a aircraft or while being carried on duty in an aircraft 'civil or service(, under proper authority, or dies of in$uries sustained in such circumstancesR or 'iii( though not serving in a field area, dies of a cause attributable to circumstances which, in the opinion of the local administrative authority, are similar to those encountered on field service or in operationsR or 'iv( suffers a violent dead& while employed in aid of the civil powerR or 'v( dies while laying or clearing land or sea mines. 'vi( dies while on diving dutyR 'vii( dies while on duty in a submarine or while being carried on duty in submarine under proper authority or ____________________________________________________________________________________________________________________ R2 3#43A2A 8/ ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'viii( dies due to in$uries sustained in the circumstances mentioned in clauses 'iv( to 'vii( Note' >% An individual employed on the wor@ of disposal by demolition, burning, burial, brea@down or dumping of unserviceable stoc@s of e%plosives will be deemed to be on field or operational service for the purpose of eligibility of the widow to death gratuity under clause 'iii(. NAn individual whose death occurs as a result of wound or in$ury sustained while ta@ing part in battle inoculation training or demonstration with live ammunition where safety distance are reduced for realism in training, will, for the purpose of grant of family gratuity, be deemed to be covered under clause 'c( above i.e. their death will be accepted as due to a cause attributable to circumstances similar to those encountered on field service or 5n operations. 2his concession shall be admissible only for so long as this scheme of the modified inoculation training and reducing safety distance for realism in training remains in force. Authority&"9#* letter 6o. ;.8.07A!7 +).'c(7.1')(7+en" dated 1,7,71:(.O NAligible heirs of individuals who are reported missing during an emergence as a result of operations against the enemy and who are ultimately presumed or established to have been @illed in action or to have died of wounds received in action shall be granted family gratuity at the rates and under the conditions laid down in this Regulation Authority& "9#* letter 6o7:7:2/1;7 A! 7+). 'a( 7//,, 7 +en" dated 217070,(.O 'b( 'i( A%cept as provided for in Regulations ,1 of +art 55 of these Regulations family gratuity shall be payable to the recipient of the special7liberalised special family pension. 'ii( 5f, on the date on which the pension sanctioning authority decides that the claim to a family pension is admissible, all the members in the list of eligible heirs have dies or become dis-ualified, the gratuity shall only be payable under the orders of +resident. 'c( 2he Rates of Camily !ratuity are& " 'Amended vide letter 6o. 1;182;7087+en"7555 dated ,:71:708( RA3E O* GRA3@I35 Ran& )here ex-gratia is )here ex-gratia is pai#( for *l"ing Acci#ents not pai# Rs Rs <ony. aptain 12:: 10:: <ony. 4t. 12:: 1/:: )ub 9a$7Ris. 9a$ 12:: 1.:: )ub7Risaldar 12:: 1,:: 6aib )ubedar 0:: 1::: *afadar7<avildar .:: 0/: 4.*afadar76ai@ ,:: //: )owar7)e 2/: ./: ____________________________________________________________________________________________________________________ R2 3#43A2A 80 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Hoys7Recruits7=oung 2/: ./: )oldiers 6on"ombatants Anrolled 2:: ,/: 2,,, 2,. and 2,/ Hlan@ +ub-+ection III-Chil#ren;s Allo)ance Con#itions for grant of Chil#ren;s Allo)ance 2,0. NJAC 171780 hildren allowance is granted to each child of the personnel below officer ran@ W Rs.1:: p.m. per child. 2his allowance is tenable for each during the period he or she would have been eligible for ordinary family pension. 5t is allowed only where the widow forfeits liberalised special family pension due to her remarriage with any other person and conse-uently draws ordinary family pension #r Jhere personnel below officer ran@ is not survived by widow but is survived by child7children only. All children together shall be eligible for special family pensions at the childless widow rate and also draw in addition the children allowance. hildren allowance is not admissible where the widow draws liberalised family pension e-ual to the rec@onable emoluments last drawn by the deceased service officer. Authority 9* letter dated ,:71:781O Note' - 2he term FchildG 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 discharge7invalidment of the individual. 2,1. #bsolete Rates of Chil#ren;s Allo)ance 2,8. NJ.A.C. 171780, the children allowance and children education allowance has been merged. A consolidated allowance W Rs.1::7p.m. per child is allowed in cases covered by note under +ara 1;.1 and by paras 1;.2 and 21 'b( of !#5, 9.*. letter 6o. 1 '/(7817* '+ension7)ervices( dated ,:th #ctober, 1;81.O 2,;. #bsolete 7hen the pa"ent of chil#ren;s allo)ance ceases 2.:. 2he payment of children allowance shall cease& 'i( Attaining the age of 2/ years in the case of sons7brothers and unmarried daughters7sisters. 'ii( *ate of the marriage of the daughter7sister. 'iii( #bsolete <owever, in case the eligible child is physically, or mentally handicapped and is unable to earn a livelihood the children allowance7family pension would be admissible for life to such a child. ____________________________________________________________________________________________________________________ R2 3#43A2A 81 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ NAuth& 9* letter dated ,:"1:"81.O 2.1. #bsolete 2.2. #bsolete 2.,, 2.. and 2./ Hlan@ +@A-+EC3ION I6 Awards in respect of deaths not due to service 6ot reproduced in view of the latest orders contained in A 5. /171;8:. 2he erstwhile restriction o cam"mg of livelihood for the purpose of stoppage of family pension stands removed vide !5, *eptt of +M+J,+9 6o 1 '20(+M+J7;:" A dated 187:17;,. ____________________________________________________________________________________________________________________ R2 3#43A2A 88 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Chapter I6- DE*ENCE +EC@RI35 CORP+ +ection I -General Extent of application 20/. Unless otherwise provided, the regulations in this chapter shall apply to personnel of the *efence )ecurity orps who were in service on the 1st Xanuary 1;80 and who $oined or $oin service on or after that date. General provision 200. 2he grant of pensionary awards to personnel of the *efence )ecurity orps shall be governed by the same general rules as are applicable to combatants of the Army, e%cept where they are inconsistent with the provisions of the regulations in this chapter. Counting of forer +ervice 201. 'a( An individual who has rendered previous service in the Army76avy7Air Corce and7or the *efence )ecurity orps is eligible to count such former service for pension7gratuity to the e%tent and sub$ect to the conditions laid down in regulation 120. 'b( #bsolete 'c( #bsolete 'd( An individual, including one who is re"employed in the *efence )ecurity orps as a Xunior ommissioned #fficer 'e%cept an A%"A5# or <ony. ommissioned #fficer accepting re"employment in the *efence )ecurity orps in the status of Xunior ommissioned #fficer( who is in receipt of pension in respect of his former service, shall be held in abeyance during his service, in the orps. 2he re"employed service shall count for enhancement of pension under the regulations applicable to personnel of the *efence )ecurity orps. #n release from the orps either the pension which was held in abeyance, or any higher pension earned, shall become payable. Rec&onable Eoluents for calculation of gratuit" an# other pensionar" a)ar#s 208. Rec@onable Amoluments for the purpose of assessment of service +ension7gratuity and other pensionary benefits shall consist of& " *or +ervice Pension' -9a%imum pay of the pay scale including /:D of the highest classification pay, if any, of the ran@ held and group in which paid continuously for at least 1: months at the time of discharge. ____________________________________________________________________________________________________________________ R2 3#43A2A 8; ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Cor all type of gratuities and family pension '#rdinary, )pecial and liberaliSed special( and war in$ury pension +ay including classification pay, if any last drawn by the individual. +ection II- +ervice Pension G Gratuit" Rates of +ervice Pension 211. 'a( 2he minimum period of -ualifying service 'without weightage( actually rendered and re-uired for earning service pension will be 1/ years N 2: years in the case of 6s 'A( O. 'b( )ervice pension in respect of the personnel below officer ran@ for ,, years of -ualifying service shall be calculated at /:D of the emoluments rec@onable for pension and for lesser period of -ualifying service is shall be reduced proportionately& the amount of service pension finally arrived at shall be sub$ect to a minimum of Rs.,1/7" p.m. Revised rates of service pension of personnel below officer ran@ of the *) 'e%cluding <onorary ommissioned #fficers( who retired7retire on or after 1.1.1;80 on revised scales of pay are as under&" Ran& Actual Length Rates of service pensionJJ Of +ervice *or those others -5ears. eplo"e# on Clerical #uties -Rs% p%% -Rs% p%%. ->. -?. -$. -0. JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ )epoys 1/ ,1/ ,1/ 10 ,1/ ,1/ 11 ,;: ,1/ 18 .:8 ,8: 1; .20 ,;1 2: ... .1, __________________________________________________________________ 6ai@ 1/ .11 ,8. 10 .,2 .:, 11 ./2 .22 18 .1, ..1 1; .;, .0: 2: /1. .8: 21 /,. .;; 22 /// /18 ____________________________________________________________________________________________________________________ R2 3#43A2A ;: ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ __________________________________________________________________ <avildar 1/ .0. .,1 10 .81 ./2 11 /1: .1. 18 /,. .;/ 1; //1 /11 2: /8: /,8 21 0:, /0: 22 020 /81 2, 0/: 0:, 2. 01, 02. __________________________________________________________________ 6aib )ubedar 1/ 082 0,1 10 110 00; 11 1/: 1:: 18 18/ 1,2 1; 81; 10. 2: 8/, 1;0 21 881 828 22 ;21 80: 2, ;// 8;1 2. ;8; ;2, 2/ 1:2, ;// 20 1:/1 ;81 __________________________________________________________________ )ubedar 1/ 188 1.0 10 828 18, 11 801 82: 18 ;:1 8/8 1; ;.0 8;/ 2: ;8/ ;,2 21 1:2/ ;1: 22 1:0. 1::1 2, 11:. 1:.. 2. 11., 1:81 2/ 1182 111; 20 1222 11/0 21 1201 11;, 28 1,:: 12,: __________________________________________________________________ )ubedar 9a$or 1/ ;:. 88. 10 ;.; ;28 11 ;;. ;12 ____________________________________________________________________________________________________________________ R2 3#43A2A ;1 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 18 1:,; 1:10 1; 1:8. 1:0: 2: 112; 11:/ 21 111. 11.; 22 122: 11;, 2, 120/ 12,1 2. 1,1: 1281 2/ 1,// 1,2/ 20 1.:: 1,1: 21 1../ 1.1. 28 2; ,: ,1 1..; 1./8 ,2 __________________________________________________________________ Rate of +ervice Gratuit" 212. 'a( An individual who is discharged in the less than 1/ years -ualifying service may be granted service gratuity at a uniform rate of half a month's emoluments as defined in Regulation 208 for each completed si% monthly period of -ualifying service provided he has rendered not less than / years of -ualifying service. 'b( N2he erstwhile provision of reduction in gratuity stands dispensed withO Q'c( An individual who is discharged prematurely on compassionate grounds or for other personal reasons shall also be eligible for a full service gratuity, w.e.f. 171780 21,. *eleted. Q As amended vide 9* 6o 1'/(78178 '+ension )ervices( dated ,:71;781 +pecial Pensions an# Gratuities 21.. )pecial pension or gratuity shall be admissible to individuals who are discharged in large number in pursuance of !overnment policy of& " 'a( reducing the strength of establishment of the orpsR or 'b( re"organisation, which results in disbandment of any units7formationsR at the rates and under the conditions as are applicable to corresponding ran@s" of the regular Army. 21/, to 218 Hlan@ ____________________________________________________________________________________________________________________ R2 3#43A2A ;2 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ +ection III-Disabilit" an# *ail" Pensionar" A)ar#s Extent of application 21;. 'a( 2he regulations in this section shall apply to the individuals referred to in regulation 20/. Aount of #isabilit" pension WEF 1/1/86 28:. 2he disability pension consists of two elements viS. service element and disability element which shall be assessed as under&" ->. +ervice eleent __________________________________________________________________ 'a( Jhere the individual has 'i( A-ual to normal service rendered sufficient service to pension relevant to the length earn a service pension i.e. of -ualifying service actually, actual service is 1/ years or rendered, plus a weightage of more '2: years or more in / years as given in Regulation the case of 6s 'A( 211 'b(. 'b( Jhere the individual has not 'i( 5f the disability was sustained rendered sufficient service to while on flying or parachute Lualify for a service pension. $umping duty in an aircraft or while being carried on duty in an aircraft under proper authority& 2he minimum service pension appropriate to his ran@ 'see regulation 211( and group, if any. 'ii( 5n all other cases& A-ual to the service pension as determined per Regulation 211 'b(, but it shall in no case, be less than 27,rd of the minimum ____________________________________________________________________________________________________________________ R2 3#43A2A ;, ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ service pension admissible to the ran@7pay !roup. 5t shall be further sub$ect to a minimum of Rs.,1/7" p.m. __________________________________________________________________ Note- Jith effect from 28th 6ovember 1;02 and for so long as similar orders e%ist in respect of entral ivil !overnment servants, the provisions of clause 'i( above shall also apply to flights in non"service, i.e.., ivil or hartered, aircraft. __________________________________________________________________ 5n the case of *.).. personnel service pension for former service of an individual held in abeyance under Regulation 201'd( on his re"enrolment in the *.).. shall be restored as service element of disability pension on termination of his re" employment in *.).., if it is more than the service pension admissible under Reg. 211 for the service in *.).. NAuth& 9#* letter 6o. 1'2(78.7'+en"( dated 2;7/780O __________________________________________________________________ -?. Disabilit" eleent Cor 1:: percent disablement the rates of disability element will be as follows &" w.e.f. 1/1/86 Ran& Disabilit" eleent X#s granted <onorary Rs. +.9. ommission while on the effective 1/:7" 4ist& X#s //:7 #ther Ran@s76s 'A( ./:7" _________________________________________________________________ Cor lower percentages of disablement down to 2: percent the rates will be proportionately reduced. +rovided that where permanent disability is not less than 0:D the disability pension 'i.e., total of service element and disability element shall not be less than the special family pension admissible vide Regulation 21, i.e., it shall not be less than 0:D of the rec@onable emoluments N+ayU lassification pay, if any, last drawnO )ub$ect to a minimum of Rs.1/:7"+.9. and ma%imum of Rs.2, /::7" p.m. NAuth. 9* letter 6o 1'/(7817*" '+ension7)ervices( dated ,:71:781O 5n case where an individual is invalided out of service before completion of his prescribed engagement7service limit on account of a disability which is attributable to or aggravated by military service and is assessed below 2: percent, he will be granted an award e-ual to service element of disability pension determined in the manner given in Regulation 18, +ension Regulations for the ____________________________________________________________________________________________________________________ R2 3#43A2A ;. ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Army +art 5 '1;01(, read with Appendi% EA' to A5 57)71/ and Anne%ure 5 M 55 to A5 ,7)71/. 2his benefit will also be allowed in all cases where an individual is granted disability pension but whose degree of disablement subse-uently falls below 2: percent. Note-5n the case of a re"employed pensioner who was in receipt of pension in addition to pay and allowances under regulation 12: and clause 'b( of regulation 121 only disability element will be admissible in addition to the service pension already in issue. )ub$ect to the same conditions as are applicable to combatants of the Army, the amount of disability pension consisting of service and disability elements will be as follows& " ->. +ervice eleent 'a( Jhere the individual has )ervice pension admissible rendered sufficient service under regulation 211 according to earn a service pension. to his ran@ and length of service. 'b( Jhere the individual has 'i( 5f the disability was sustained not rendered sufficient while on flying duty in a service service to -ualify for a aircraft or while being carried service pension. on duty in a service air"craft under +roper authority. 2he minimum service pension appropriate to his ran@ under, reputation 211 'ii( 5n all other cases. 2hat proportion of the minimum service pension appropriate to the individual's ran@ which the number of his completed years of -ualifying service' bears to 1/, but in no case less than two third of the minimum service pension. -?. Disabilit" Eleent 2he rates of disability element for 1::D disability for the various ran@s shall be as follows& " Ran& Aount p%% 'i( ommissioned #fficers and <onorary Rs. 1/:7" ommissioned #fficers of the three services, ____________________________________________________________________________________________________________________ R2 3#43A2A ;/ ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 96), 2A and *) 'ii( Xunior ommissioned #fficers and Rs. //:7" e-uivalent ran@s of the three services, 2A and *) 'iii( #ther Ran@s76s 'A( of the three Rs. ./:7" services 2A and *) Cor disabilities less than 1::D but not less than 2:D the above rates shall be proportionately reduced. +rovided that where permanent disability is not less than 0:D, the disability pension 'i.e. total of service element and disability element( shall not be less than the special family pension admissible vide Regulation 282 'b( i.e. it shall not be less than 0:D of the rec@onable emoluments sub$ect to a minimum of Rs. 1/:7" p.m. Constant Atten#ance Allo)ance 281. A constant attendance allowance may be granted at the same rate and sub$ect to the same general conditions as are prescribed in Regulation 18;. Rates of special fail" pension 282. 2he rates of )pecial Camily +ension inclusive of children allowance and children education allowance shall be as under irrespective of whether the deceased personnel of the Armed Corces, has completed 1 years of service or not " Rec&onable eoluents ,Pa" K classification pa"( if an"( #ra)n last/ Rate of +pecial *ail" Pension -p%%. 'a( 5f the Jidow is hildless 'i( 6ot e%ceeding Rs.1/::7" /:D of the r e c @ o n a b l e emoluments 'ii( A%ceeding Rs. 1/::7" but not e%ceeding Rs. ,:::7" .:D of rec@onable emoluments sub$ect to a minimum of Rs. 1/:7" 'iii( A%ceeding Rs. ,:::7" ,:D of rec@onable emoluments sub$ect to a minimum of Rs. 12::7" and ma%imum of Rs. 2/::7" 'b( 5f the widow has hild7hildren 5n all cases. 0:D the rec@onable emoluments sub$ect to a minimum of Rs. 1/:7" and ma%imum of Rs. 2/::7" )pecial Camily +ension at the rates indicated in 'b( above shall be admissible to the widow till the hild7hildren attain the age prescribed under the ____________________________________________________________________________________________________________________ R2 3#43A2A ;0 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ rules and thereafter the widow shall be paid family pension at the rates indicated at 'a( above. )pecial family pension shall be regulated similarly where parents in the case of personnel below officer ran@, have been nominated as the first awardee. 5n cases where special family pension is granted to the widow and she dies or remarries, the children shall be paid special family pension at the rates indicated in 'a( above and same rate shall also apply to fatherless7motherless children. 5n both cases, special family pension shall be paid to the children for the period during which they would have been eligible, as in the case of ordinary family pension. *ail" Gratuit" 282"A. A gratuity at the rates laid down in clause 'c( below may be granted, in addition to special7liberalised special family pensionary awards to the widow Nchild 'ren(7parent's(O of an officer who" 'i( is @illed in action, or dies of wounds sustained in actionR or 'ii( is @illed while on flying duty or parachute $umping duties in a aircraft or while being carried on duty in an aircraft 'civil or service(, under proper authority, or dies of in$uries sustained in such circumstancesR or 'iii( though not serving in a field area, dies of a cause attributable to circumstances which, in the opinion of the local administrative authority, are similar to those encountered on field service or in operationsR or 'iv( suffers a violent death while employed in aid of the civil powerR or 'iv( dies while laying or clearing land or sea mines. 'v( dies while on diving dutyR 'vii( dies while on duty in a submarine or while being carried on duty in submarine under proper authority or 'viii( dies due to in$uries sustained in the circumstances mentioned in clauses 'iv( to 'vii( Note' >% An individual employed on the wor@ of disposal by demolition, burning, burial, brea@down or dumping of unserviceable stoc@s of e%plosives will be deemed to be on field or operational service for the purpose of eligibility of the widow to death gratuity under clause 'iii( NAn individual whose death occurs as a result of wound or in$ury sustained while ta@ing part in battle 5noculation training or demonstration with live ammunition where safety distance are reduced for realism 5n training, will, for the purpose of grant of family gratuity, be deemed to be covered under clause 'c( above 4e. their death will be accepted as due to a cause attributable to circumstances similar to those encountered on field service or in operations. 2his concession shall be admissible only for so long as this scheme of the modified inoculation training and ____________________________________________________________________________________________________________________ R2 3#43A2A ;1 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ reducing safety distance for realism 5n training remains in force. Authority&"9#* letter 6o. ;.8.87A!7 +).'c(7.1')(7+en" dated 1,7,71:(.O NAligible heirs of individuals who are reported missing during an emergence as a result of operations against the enemy and who are ultimately presumed or established to have been @illed in action or to have died of wounds received in action shall be granted family gratuity at the rates and under the conditions laid down in this Regulation Authority& 9#* letter 6o7A7:2/1;7 A!7+). 'a(7//,,7+en" dated 217070,(.O 'b( 'i( A%cept as provided for in Regulations ,1 of +art 55 of these Regulations family gratuity shall be payable to the recipient of these special7liberalised special family pension. 'ii( 5f, on the date on which the pension sanctioning authority decides that the claim to a family pension is admissible, all the members in the list of eligible heirs have dies or become dis-ualified, the gratuity shall only be payable under the orders of +resident. 'c( 2he Rates of Camily !ratuity are&" 'Amended vide 9#* letter 6o. A728.,07A!7+). 'd(7/,;17+en" dated 07871:(. RA3E O* GRA3@I35 Ran& )here ex-gratia is )here ex-gratia is pai# for *l"ing not pai# Acci#ents Rs% Rs% <on. aptain " " <ony.4t. " " )ub 9a$ " 121/ )ubedar 11:: 12:: 6aib )ubedar /2/ 81/ <avildar ,2/ /2/ 6ai@ 2/: ./: )epoy 22/ .:: Rates of chil#ren;s allo)ance 28,. NJAC 171780 hildren allowance is granted to each child of the personnel below officer ran@ W Rs.1:: p.m. per child. 2his allowance is tenable for each during the period he or she would have been eligible for ordinary family pension. 5t is allowed only where the widow forfeits liberalised special family pension due ____________________________________________________________________________________________________________________ R2 3#43A2A ;8 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ to her remarriage with any ether person and conse-uently draws ordinary family pension #r Jhere personnel below officer ran@ is not survived by widow but is survived by child7children only. All children together shall be eligible for special family pensions at the childless widow rate and also draw in addition the children allowance. hildren allowance is not admissible where the widow draws liberalised family pension e-ual to the rec@onable emoluments last drawn by the deceased personnel. Authority 9* letter dated ,:71:781O __________________________________________________________________ #CC5A #C 2<A #62R#44AR #C *ACA6A A#U62) '+*( 9AARU2 A622 5RU4AR 6#. 2A<7182 *A2A* 07/71;;2 )UHXA2& *5)AH5452= A4A9A62 #6256UA6A #C As clarified by *A '+(, Allahabad the )ervice Alement of *isability +ension is being notified on permanent basis w.e.f. 1.1.1, and even if at some stage the percentage of disability of the pensioners, goes below 2:D, his service element notified initially, continues to remain in force& for life of the pensioner. <owever in the case of pre 1.1.1, disability pensioners, the service element is contingent upon the continuance of disability element unless and until the pensioner has put in minimum of 1: years of service before 1.,.08 and / years of service after that date upto ,1.12.12 after which the service element becomes permanent feature as e%plained above. 2. )ince the transcription sheets of the pensioners and even the purified data, sent bac@ to the .!.*.A.Bs office, do not provide for any column for indicating the period upto which service element will remain enforce, it is clarified that in no case of the above type, the service element is to be paid after the disability had fallen below 2:D. ,. 5n view of the foregoing, *+*#s may please review all such type of cases with respect to + file and chec@ Registers etc. and even that to name of pre 1.1.1, disability pensioners the service element is paid after the disability has fallen below 2]D, unless the same is specifically authorised by the *A '+( Allahabad. Recovery of over payment of )ervice Alement if paid earlier may also be effect immediately. )d7" ____________________________________________________________________________________________________________________ R2 3#43A2A ;; ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ *y .*.A. +EC3ION I6-A)ar#s in respect of #eaths not #ue to service *ail" Pension2Gratuit" 28.. 2he pensionary benefits in +art ?AB sub"section 5I )ection I of hapter 555 will be admissible to the widows of Xunior ommissioned #fficers and #ther Ran@s of the *efence )ecurity orps who die of causes neither attributable to nor aggravated by military service. (See A.. !1/8"# +ection 6 -Invali# Pension an# Gratuit" Extent of application 28/. 2he regulations in this section shall apply to suc. of the personnel of the *efence )ecurity orps referred to in Regn. 20/. Invali# Pension2Gratuit" )hen A#issible 280. 5nvalid pension7gratuity shall be admissible in accordance with the Regulations in this section to" 'a( an individual who is invalided out of service on account of a disability, which is neither attributable to nor aggravated, by serviceR 'b( an individual who is though invalided out of service on account of a disability which is attributable to or aggravated service, but the disability is assessed at less than 2:D, and 'c( a low medical category individual who is discharged from service for lac@ of alternative employment compatible with his low medical category. 4INI4@4 !@ALI*5ING +ER6ICE ____________________________________________________________________________________________________________________ R2 3#43A2A 1:: ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 281. 2he minimum period of -ualifying service actually rendered and re-uired for grant of invalid pension is 1: years. Cor less than 1: years actual -ualifying service invalid gratuity shall be admissible. 288. #bsolete +CALE O* IN6ALID PEN+ION 28;. 2he scale of invalid pension shall be as under& " __________________________________________________________________ ategory of +ersonnel )cale __________________________________________________________________ 1 2 __________________________________________________________________ 'a( Xunior ommissioned Amount e-ual to the service element #fficers granted <onorary of disability pension that would have ommissions while on the been admissible in case the causes effective list. were attributable to or aggravated by service. 'b( Xunior ommissioned "*# #fficers and other Ran@s. 'c( 6on"ombatants "*# 'Anrolled( __________________________________________________________________ +cale of Invali# Gratuit" 2;:. 5nvalid gratuity may be granted at the scale of half a monthBs rec@onable emolument N+ay U lassification pay, if any, last drawnO for each si% monthly period of service. ____________________________________________________________________________________________________________________ R2 3#43A2A 1:1 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Chapter 6-3ERRI3ORIAL AR45 +EC3ION I -GENERAL Note for the Rea#er' -2he following service shall -ualify for pension& " 'a( All embodied service rendered in continuation or in bro@en spell's( shall -ualify for pension. Cor calculating the total embodied service, the brea@ in embodied service due to disaembodiment shall be treated as condoned, but the period of brea@ itself shall not be treated as -ualifying service for pension. 'b( Cormer -ualifying regular service in Army, 6avy and Air Corce in any ran@ shall be counted as -ualifying service to the same e%tent as admissible to the regular Army personnel where one has opted for counting of the former service for pensionary benefits. 'c( 2he -ualifying service so determined shall be rounded off as in the case of regular Army personnel. 'd( All other provisions relating to -ualifying service as contained in Regulation 20 and 122 shall apply as in the case of regular Army officers and personnel. NAuthorit"'- 080;;72217!)72A",'a(711817)7*'!)"I5( dated 117078/, or. 6o. 080;;7!)72A",'a(702,H7*7'!)"I5( dated 17.780 and 080;;7!)72A" ,'a(71:087H7* '!)"I5( dated 171780.O General provision 2;1. Hlan@. 2;2. 2he grant of pensionary awards to members of the 2erritorial Army shall be governed by the same general regulations as are applicable to the corresponding personnel of the Army e%cept where they are inconsistent with the provisions of regulations in this chapter. Definition of 4ilitar" +ervice 2;,. 9ilitary service, for purposes of this chapter shall mean service as defined in )ection 1',( of the 2erritorial Army Act, 1;.8, and training as defined in Rule 18 of the 2erritorial Army Rules, 1;.8. 2;. Hlan@ ____________________________________________________________________________________________________________________ R2 3#43A2A 1:2 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ +EC3ION II-Coissione# Officers Su$-Section 1-%er&inal 'ratuit( Extent of application 2;/. 2he regulations in this sub"section shall apply to all commissioned officers of the 2erritorial Army, who were in the 2erritorial Army on the 1st Xanuary, 1;80 or who $oin it thereafter, e%cepting those who are& " 'a( ivil !overnment servants holding permanent appointments, 'b( Retired commissioned officers or retired civil gaSetted officers, and 'c( A%"servicemen in receipt of pension. Con#itions for the grant of terinal gratuit" 2;0. 'a( A terminal gratuity shall be granted to an officer who has completed a minimum of / years of aggregate embodied service 'which for the purpose includes the period spent on training under 2A Act, Rule 18( or 1: years engagement in 2A 'combined embodied and non"embodied( and who dies during the period of disembodiment or who retires in the following circumstances& " 'i( on disbandment7reorganiSation7inter"Sonal transfer of units provided there is no other unit to which the officer can be transferred, or his consent to a transfer is necessary under the rules and he refuses to consent theretoR 'ii( on reaching the prescribed retiring ageR 'iii( on being declared medically unfit for further service due to causes neither attributable to nor aggravated by military serviceR 'iv( on completion of tenure of appointment or service limitsR or 'v( when services are no longer re-uired otherwise than on disciplinary groundsR 2he terminal gratuity shall be admissible only when one has not rendered the minimum -ualifying service re-uired for earning retiring pension. 5n case of death of an officer during the period of disembodiment, the terminal gratuity shall be paid to his legal heir in the manner indicated in Regulation 08, +ension Regulations for the Army, +art 55 '1;01( provided the family is not eligible for any family pensionary awards from the central7state !overnments or any benefit under the +rovident Cund )cheme to the maintenance of which !overnment had contributed. Rate of terinal gratis ____________________________________________________________________________________________________________________ R2 3#43A2A 1:, ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 2;1. 2erminal gratuity will be at the rate of half a month's rec@onable emoluments. '+ay U6+A and Ran@ +ay, if any, last drawn by officer( for each completed si% monthly period of aggregate embodied service. 2;8, 2;;, ,:: and ,:1 Hlan@ +ub-+ection II- Disabilit" an# *ail" Pensionar" A)ar#s Extent of application ,:2. 2he regulations in this sub"section shall apply to all commissioned officers of the 2erritorial Army, who were in the 2erritorial Army on the 1st Xanuary 1;80 or who $oin it thereafter, +rovided that #fficers who are civil !overnment servants, and who while holding their civil posts are sub$ect to the ..). 'A.+.( Rules or the analogous rules framed by the )tate !overnments, shall be eligible to elect to be governed by the provisions of these Regulations or by the ivil A%traordinary +ension Rules applicable to them. 2he election made by an officer at any time during his service in the 2erritorial Army, or thereafter but before retirement from civil service, and once made shall be final. N5n case such an officer dies while serving in the 2erritorial Army without ma@ing an election, his family will be eligible to receive awards under these regulations or the appropriate civil rules, whichever are more favorable.O Con#itions governing the grant of #isabilit" an# fail" pensionar" a)ar#s ,:,. 2he grant of disability and family pensionary awards will be sub$ect to the conditions governing the grant of these awards to commissioned officers of the Army, e%cept where they are inconsistent with the provisions of the regulations in this sub"section. +rimary conditions for the grant of *isability +ension ,:.. Unless otherwise specifically provided a disability pension consisting of service element and disability element may be granted to an officer who is invalided out of service on account of a disability which is attributable to or aggravated by military service in non"battle casualty cases and is assessed at 2: per cent or more. +rovided that no disability pension will be admitted on the basis of aggravation of any minor, physical defect which was noticed at the 9ime of $oining the 2erritorial Army" but was condoned under the relevant rules, or if the disability can be attributed to, or considered as aggravated by, any such minor defect. 2he -uestion whether a disability is attributable to or aggravated by military service shall be determined under the Antitlement Rules laid down in Appendi% 55. ____________________________________________________________________________________________________________________ R2 3#43A2A 1:. ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Rates of #isabilit" pension ,:/. 2he rules of disability pension are& " 'a( #fficers other than civil !overnment servants holding lien on civil appointments and military pensioners. 2he disability pension consists of two elements viS. service element and disability element, which shall be assessed as under& " +ER6ICE ELE4EN3 2he amount of service element shall be e-ual to the retiring pension as determined under Regulation 2;. 2here shall be no weightage. 2here shall be no condition of minimum -ualifying service having been actually rendered for earning this element, if otherwise due. DI+AAILI35 ELE4EN3 2he disability element of disability pension will be Rs. 1/:7p.m. at 1::D disability. Cor disabilities less than 1::D but not less than 2:D, the above rates shall be proportionately reduced. +rovided that where permanent disability is not less than 0:D the disability pension 'i.e. total of service element and disability element( shall not be less than the special family pension admissible vide Regulation ;/ 'a( 'b( i.e., it shall not be less than 0:D of rec@onable emoluments sub$ect to a minimum of Rs.1/:7" +.9. 'b( ivil !overnment servants holding lien on civil appointments on reversion to the civil appointment shall be granted disability element as determined above in addition to civil pay and allowances. 2he disability element shall remain admissible even if and is individual becomes eligible for pension under the relevant civilQ rules. 'c( 9ilitary pensioners"9ilitary pensioners shall be granted disability element in addition to the retiring pension already earned Q Amended vide 9#* letter 6o. 1'/(78Il '+ens7)ers( date ,:71:781. Ran& for assessentL of #isabilit" pension ,:0. 2he ran@ for the purpose of assessment of service element in the case of officers shall be the substantive ran@ or higher paid acting ran@, if any, held by the individual, on any of the following dates, whichever is most favorable& " 'a( the date of retirement7discharge7invalidment from service, or 'b( the date on which he7she sustained the wound or in$ury or was first removed from duty on account of the disease causing his7her disablement, or 'c( if he7she rendered further service and during and a result of such service suffered aggravation of his disability, the date of later removal from duty on account of the disability. ____________________________________________________________________________________________________________________ R2 3#43A2A 1:/ ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Note >"#bsolete Note ?"2he service element of disability pension of an officer of the ran@ of 4t.ol. '2)(, Hrigadier or 9a$or !eneral shall not be less than the service element which would have been admissible to him as a 9a$or or olonel or a Hrigadier had he not been promoted to the higher ran@. Pensionar" a)ar#s )hen the accepte# #egree of #isableent is reassesse# at less than ?F percent Q,:1. '1( An individual who is invalided out of service with a disability attributable to or aggravated by service but assessed at below 2: percent shall be entitled to service element only. '2( An individual who was initially granted disability pension but whose disability is re"assessed at below 2:D subse-uently shall cease to draw disability element of disability pension from the date it falls below 2: per cent. <e shall, however, continue to draw the service element of disability pension. Q Amended vide A5 .7)71/ and .7)710R Cases )here #isabilit" anifests itself after retireent ,:8. #fficer who is retired7discharged from )erviceR otherwise than at his own re-uest, with a pension or gratuity, but who, within a period of ten years from the date of retirement7discharge, is found to be suffering from a disease which is accepted as attributable to his military service may, at the discretion of the competent authority, be granted, in addition to his pension7gratuity, a disability element at the rate appropriate to the accepted degree of disablement and the ran@ last held, with effect from such date as may be decided upon in the circumstances of the case. Note' #fficer claiming the benefit under the provision of Regulation ,:8 above will send an application the *A '+( directly re-uesting to be brought before a medical board. #n receipt of the application the relevant documents, *A '+( will decide, where necessary, in consultation with the 9edical Adviser '+ensions( attached to his office, whether a prima"facie $ustification for bringing the claimant before a medical board e%ists or not. 5f it is decided to bearing officer before a medical board the *A '+( will ma@e arrangement themselves for a medical board. Constant atten#ance allo)ance ,:;. A constant attendance allowance may be granted at the same rate and sub$ect to the same general conditions as are laid down in regulation 0, for officers of the Army. +pecial fail" pensionar" a)ar#s )hen a#issible QQ,1:.A special family pension may be granted to the family of an officer if his7her death was due to or hastened by" 'a( a wound, in$ury or disease which was attributable to military service. ____________________________________________________________________________________________________________________ R2 3#43A2A 1:0 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ #r 'b( the aggravation by military service of a wound, in$ury or disease, which e%isted before or arose during the military service. )pecial family pension and dependents pension shall be admissible to the members specified hereunder 'a( Jidow, lawfully married 'b( )on, actual and legitimate 'including validly adopted( 'c( *aughter actual and legitimate 'including validly adopted( 'd( Cather 'e( 9other 'f( Hrother 'g( )ister Note' '1( 2he term ?fatherB and ?motherB 'or ?parentsB( used in the above or any other regulations in this chapter shall also 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 subse-uent to, the conception of the deceased member of the forces. '2( 5f any member of the family is denied any share in the property of the !ovt. servant under a will or deed made by him, such, a member shall be ineligible to receive any award under these, regulations in this chapter and the benefit shall pass on to the ne%t eligible member. )ub$ect to the conditions indicated below&" -a. 7IDO7 'i( 2he widow has not re"married. 2his condition shall, however, not apply if the widow has re"married the real brother of her deceased husband and continues to live a communal life, with and7or contributes to the support of the other living eligible member, and 'ii( )ub$ect to any e%ception, which the +resident may approve in a particular case under regulation ;:, the widow was not separated from her husband at the time of his death. -b. CCILDERN 'i( 2he officer left no widow& 'ii( 2hey were born before retirement or invalidment or death while in service. 'iii( )ons below the age of 2/ years. 'iv( Unmarried daughters below the age of 2/ years. -c. PAREN3+ 'i( 2he officer left neither a widow nor children eligible for special family pension. 'ii( 2he parent7parents was7were largely dependent on the officer for support and are in pecuniary need. 'iii( 5n the case of widowed mother she has nor re"married. +rovided that the widowed mother of an officer who re"marries during the lifetime of the officer ____________________________________________________________________________________________________________________ R2 3#43A2A 1:1 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ but becomes a widow again before his death, shall become eligible for grant old dependents pension. Note- 2he widowed mother of an officer when remarries during the lifetime of the officer but becomes a widow again before his death may be granted an award for dependant's pension, if otherwise admissible. Cor the purpose of the pecuniary cir" cumstances, resources, if any, available to the widow from her second husband, will also be ta@en into account. -#. ARO3CER+2+I+3ER+ 'i( 2he officer did not leave behind a widow, child or parents eligible for pension. 'ii( 2he brothers and sisters were largely dependent on the officer for support and are in pecuniary need. 'iii( 5n the case of brother, he has not the age of 2/ years. 'iv( 5n the case of a sister, she has not attained the age of 2/ years or has not married. QQAmended vide !#5 9* 6o 1 '/(7817* '+ension7)ervices( *ated ,:71:781 Rates of special fail" pensionar" a)ar# ,11. )pecial family pension and gratuity to the widow, children allowance and education allowance to the child ren, pension to parents, brothers and sisters of an officer shall be at the rates laid down as for officers of the Army in )ection 5I of hapter 55 of these Regulations. Ran@ for assessment of special family +ensionary Award ,12. Ran@ for assessment of special family pensionary awards will be determined in accordance with )ection 5I of hapter 55 of these Regulations. ,1,. ,1.. ,1/. and ,10. Hlan@. ____________________________________________________________________________________________________________________ R2 3#43A2A 1:8 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ +EC3ION III-Hunior Coissione# Officers( Other Ran&s an# Non-Cobatants -Enrolle#. +ub-+ection I-3erinal Gratuit" Extent of application ,11. 2he regulations in this sub section shall apply to Xunior ommissioned #fficers, #ther Ran@s and 6on"ombatants 'Anrolled( of the 2erritorial Army, who where in the 2erritorial Army on the 1st Xanuary 1;80 or who $oin it thereafter, e%cepting those who are" 'a( ivil !overnment servants holding permanent appointments, and 'b( Retired commissioned officers or retired civil gaSetted officers. 'c( A%"servicemen in, receipt of a pension. Con#itions for the grant of terinal gratuit" ,18. 'a( A terminal gratuity shall be granted to an individual who has completed a minimum of / years of aggregate embodied service 'which for the purpose includes the period spent on training under 2A Act, Rule 18( or 1: years engagement in 2A 'combined embodied and non"embodied( and ho dies during the period of disembodiment or who retires in the following circumstances& " '1( 5n the case of Xunior ommissioned #fficers 'i( on disbandment7reorganiSation7inter"Sonal transfer of units provided there is no other unit to which the individual can be transferred, or his consent to a transfer is necessary under the rules and he refuses to consent theretoR 'ii( on reaching the prescribed retiring ageR 'iii( on being declared medically unfit for further service due to causes neither attributable to nor aggravated by military serviceR 'iv( on completion of tenure of appointment or service limitsR or Jhen services are no longer re-uired otherwise than on disciplinary groundsR __________________________________________________________________ 2he terminal gratuity shall be admissible only when one has not rendered the minimum -ualifying service re-uired for earning service pension. __________________________________________________________________ 'vi( 5n case of death of an individual during the period of disembodiment, the terminal gratuity shall be paid to his legal heir in the manner indicated in Regulation 08, +ension Regulations for the Army, +art 11 '1;01( provided the family is not eligible for any family pensionary awards from the central7state ____________________________________________________________________________________________________________________ R2 3#43A2A 1:; ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ !overnments or any benefit under the +rovident Cund )cheme to the maintenance of which !overnment had contributed. '2( 5n the case of #ther Ran@s and 6on"ombatants 'Anrolled( 'i( #n becoming entitled to receive his discharge under the 2erritorial Army Act RulesR 'ii( #n being declared medically unfit for further service due to causes neither attributable to nor aggravated by military service, or 'iii( Jhen services are no longer re-uired otherwise than on disciplinary grounds. 2he terminal gratuity shall be admissible only when one has not rendered the minimum -ualifying service re-uired for earning service pension. 'iv( 5n case of death of an individual during the period of disembodiment, the terminal gratuity shall be paid to his legal heir in the manner indicated in Regulation 08 provided the family is not eligible for any family pensionary awards from the entral7)tate !overnments or any benefit under a +rovident Cund )cheme to the maintenance of which !overnment had contributed. Rate of terinal gratuit" ,1;. 2erminal gratuity will be at the rate of half a month's rec@onable emoluments, '+ay including classification pay, if any, last drawn by the individual( for each completed si% monthly period of aggregate embodied service. ,2:. ,21. ,22 and ,2, Hlan@ +@A-+EC3ION II Disabilit" an# *ail" Pensionar" a)ar#s Extent of application ,2.. 2he regulations in this sub"section shall apply to all Xunior ommissioned #fficers, #ther Ran@s and 6on"combatants 'Anrolled( of the 2erritorial Army, who were in the 2erritorial Army on the 1st Xanuary, 1;80 or who $oin it thereafter, +rovided that individuals who are civil !overnment servants, and who while holding their civil posts are sub$ect to the ..). 'A.+.( Rules"or the analogous rules framed by the )tate !overnments, shall be eligible to elect to be governed by the provisions of these Regulations or by the ivil A%traordinary +ension Rules applicable to them. 2he election made by the individual at any time during his ____________________________________________________________________________________________________________________ R2 3#43A2A 11: ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ service in the 2erritorial Army, of thereafter but before retirement from civil service, and once made shall be final. 5n case such an individual dies while serving in the 2erritorial Army without ma@ing an election, his family will be eligible to receive awards under these regulations or the appropriate civil rules, whichever are more favurable. Con#itions governing the grant of #isabilit" an# fail" pensionar" a)ar#s ,2/. 2he grant of disability and family pensionary awards will be sub$ect to the conditions governing the grant of these awards to personnel of the corresponding ran@s of the Army e%cept where they are inconsistent with the provisions of the regulations in this sub"section. Priar" con#itions for the grant of #isabilit" pension ,20. Unless otherwise specifically provided a disability pension consisting of service element and disability element may be granted to an individual who is invalided out of service on account of a disability which is attributable to or aggravated by military service in non"battle casualty cases and is assessed at 2: per cent of more. +rovided that no disability pension shall be admitted on the basis of aggravation of any minor, physical defect which was noticed at the time of $oining the 2erritorial Army but was condoned under the relevant rules, or if the disability can be attributed to, or considered as aggravated by, any such minor defect. 2he -uestion whether a disability is attributable to or aggravated by military service shall be determined under the Antitlement Rules laid down in appendi% 55. Rates of #isabilit" pension ,21. 2he rules of disability pension are& 'a( individual other than civil !overnment servants holding lien on civil appointments and military pensioners. 2he disability pension consists of two elements viS. service element and disability element, which shall be assessed as under& " ->. +ervice Eleent __________________________________________________________________ 'a( Jhere the individual has 'i( A-ual to normal service rendered sufficient service to pension relevant to the length earn a service pension i.e. of -ualifying service actually, actual service is 1/ years or rendered, more '2: years or more in the case of 6s'A(. 'b( Jhere the individual has not 'i( 5f the disability was sustained rendered sufficient service to while on flying or parachute ____________________________________________________________________________________________________________________ R2 3#43A2A 111 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ -ualify for a service pension. $umping duty in an aircraft or while being carried on duty in an aircraft under proper authority & 2he minimum service pension appropriate to his ran@ 'see regulation 18:( and group, if any. 'ii( 5n all other cases& A-ual to the service pension as determined per Regulation 1,0 'a(, but it shall in no case, be less than 27,rd of the minimum service pension admissible to the ran@7pay !roup. 5t shall be further sub$ect to a minimum of Rs.,1/7"p.m. __________________________________________________________________ Note- Jith effect from 28th 6ovember 1;02 and for so long as similar orders e%ist in respect of entral ivil !overnment servants, the provisions of clause 'i( above shall also apply to flights in non"service, i.e., ivil or hartered, aircraft. -?. Disabilit" eleent Cor 1:: percent disablement the rates of disability element will be as follows& " W.e.f. 1/1/86 Ran& Disabilit" eleent X#s granted <onorary Rs. +.9. ommission while on the effective 1/:7" list. X#s //:7" #ther Ran@s76s 'A( ./:7" Cor lower percentages of disablement down to 2: percent the rates will be proportionately reduced. +rovided that where permanent disability is not less than 0:D, the disability pension 'i.e., total of service element and disability element( shall not be less than the special family pension admissible vide Regulation 221 'b( i.e., it shall not be less than 0:D of the rec@onable emoluments )ub$ect to a minimum of Rs. 1/:7" +.9. and ma%imum of Rs.2, /::7" p.m. NAuth" 9* letter 6o 1'/(7817*" '+en" sion7)ervices( dated ,:71:781O 5n case where an individual is invalided out of service before completion of his prescribed engagement7service limit on account of a disability which is attributable to or aggravated by military service and is assessed below 2: percent, ____________________________________________________________________________________________________________________ R2 3#43A2A 112 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ he will be granted an award e-ual to service element of disability pension determined in the manner given in Regulation 18, +ension Regulations for the Army +art + '1;01(, read with Appendi% ?AB to Al 57)71/ and Anne%ure 5 M 55 to A5 ,7871/. 2his benefit will also be allowed in all cases where an individual is granted disability pension but whose degree of disablement subse-uently falls below 2: percent. Note' 5n the case of a re"employed pensioner who was in receipt of pension in addition to pay and allowances under regulation 12: and clause 'b( of regulation 121 only disability element will be admissible in addition to the service pension already in 5ssueR 'b( ivil !overnment servants holding lien on civil appointments on reversion to the civil appointment shall be granted disability element as determined above in addition to civil pay and allowance. 2he disability element shall remain admissible even if an individual becomes eligible for pension under the relevant civil rules. 'c( 9ilitary pensioners"9ilitary pensioners shall be granted disability element as determined above in addition to the retiring pension already earned Ran& for assessent of #isabilit" pension ,28. 2he Ran@ for the purpose of assessment of service element and disability element of disability pension shall be the substantive ran@ or higher paid acting ran@, if any, held by the individual, on any of the following dates, whichever is most favourable& " 'a( the date of retirement7discharge7invalidment from service, or #r 'b( the date on which he7she sustained the wound or in$ury or was first removed from duty on account of the disease causing his7her disablement, #r 'c( if he7she rendered further service, and during and a result of such service suffered aggravation of disability, the date of the later removal from duty on account of disability. +rovided an individual who on account of misconduct or inefficiency is reverted to a lower ran@ subse-uent to the date on which the Jound or in$ury was sustained or disability contracted, the ran@ for assessments of service and disability elements of disability pension shall be the ran@ held on the date of invaliding from service. +ensionary awards when the accepted degree of disablement is reassessed at less than 2: percent Q,2;. '1( An individual who is invalided out of service with a disability attributable to or aggravated by service but assessed at below 2: percent shall be entitled to service element only. ____________________________________________________________________________________________________________________ R2 3#43A2A 11, ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ '2( An individual who was initially granted disability pension but whose disability is re"assessed at below 2:D subse-uently shall cease to draw disability element of disability pension from the date it falls below 2: per cent. <e shall, however, continue to draw the service element of disability pension. Q Amended vide A5 .7)71/ and .7)710. Cases )here #isabilit" anifests itself after retireent ,,:. An individual who is retired7discharged from )ervice, otherwise than at his own re-uest, with a pension or gratuity, but who, within a period of ten years from the date of retirement7discharge, is found to be suffering from a disease which is accepted as attributable to his military service may, at the discretion of the competent authority, be granted, in addition to his pension7gratuity, a disability element at the rate appropriate to the accepted degree of disablement and the ran@ last held, with effect from such date as may be decided upon in the circumstances of the case. Note' 2he individual claiming the benefit under the provision of Regulation ,,: above will send an application the *A '+( through the Record office concerned re-uesting to be brought before a medical board. #n receipt of the application the relevant documents, *A '+( will decide, where necessary, in consultation with the 9edical Adviser '+ensions( attached to his office, whether a prima"facie $ustification for bringing the claimant before a medical board e%ists or not. 5f it is decided to bearing the individual before a medical board the *A '+( will re-uest the record officer concerned to arrange for a medical board in the normal manner, and forward the proceedings of the medical board to the *A '+( for further necessary action. Constant Atten#ance Allo)ance ,,1. A constant attendance allowance may be granted at the same rate and sub$ect to the same general condition as are applicable to personnel of the army under regulation 18;. +pecial fail" pensionar" a)ar#s )hen a#issible ,,2. A special family pension may be granted to the family of an individual if his death was due to or hastened by 'a( a wound, in$ury or disease which was attributable to military service, #R 'b( the aggravation by military service of a wound, in$ury or disease, which e%isted before or arose during military service. +rovided that no award shall be admissible if the death was due to or hastened by any minor physical defect which was noticed at the time of $oining the ____________________________________________________________________________________________________________________ R2 3#43A2A 11. ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 2erritorial Army but was condoned under the relevant rules. 2he provision shall not, however, apply in respect of death by accident while an individual is on duty. 'b( A family gratuity may, in addition to special family pension be granted if the death of the individual occurs in circumstances mentioned in regulation 2,2. Rates of special fail" pensionar" a)ar#s ,,,. )pecial family pension, children's allowance and family gratuity shall be at the rates laid down in )ection I5 of hapter 555 for personnel of corresponding ran@s of the Army. Ran& for assessent of special fail" pensionar" a)ar#s ,,.. Ran@ for assessment of special family pensionary awards shall be the higher of the substantive ran@s held by an individual on the following dates&" 'a( the date of death if death occurs in service, or date of invaliding if death ta@es place after invalidingR #r 'b( the date do which he sustained the wound or in$ury or was first removed from duty on account of the disease causing his death. +rovided that the ran@ held on the date at 'b( shall not be ta@en into account where an individual was reverted to a lower ran@ after date on account of misconduct or inefficiency. ,,/, ,,0, ,,1, ,,8, ,,;, and ,.: Hlan@ ____________________________________________________________________________________________________________________ R2 3#43A2A 11/ ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Chapter -6I CO44I++IONED O**ICER+' CO44@3A3ION O* PEN+ION Extent of application ,.1. 2he regulations in this hapter shall apply to commissioned officers of the Army including 96), 2erritorial Army and non"regular, officers granted ))R7Amergency ommission from the ran@s that are in receipt of retiring7special7disability7invalid7war in$ury pension. Note' -B +rovided that an officer against whom departmental7$udicial proceedings are in progress, shall not be eligible to commute a fraction of his provisional pension authorised under regulation ,'b( of these regulations. +rovided further that in the case of 2erritorial Army #fficers, who are in receipt of a pension which is held in abeyance when they are embodied for service or on the permanent administrative or instructional staff 'as distinct from embodiment for recruits Annual and Ioluntary 2raining( and who are permitted, during such embodiment, to commute a portion of their pension, a deduction e-uivalent to the amount of pension commuted shall be made from the pay they would be drawing in the 2erritorial Army, from the date the commutation becomes effective. Q Amended vide latter 6o. A71::1,07A!7+).'c(70/2* '+en7)er( dated ;78782. Con#itions an# liits of coutation ,.2. 'a( An #fficer may be permitted, sub$ect to the report of a medical board, where necessary under these rules, as to his7her physical fitness and to any decision ta@en in e%ercise of the *iscretion provided in Regulation / of these Regulations to commute for a lump sum payment a portion not e%ceeding .,D, of his or her pension or pensions 'less any amount previously commuted(, provided that the amount left un"commuted is not less than Rs.2:::7" a year. Note >- ommutation of pension shall be allowed with reference to total disability pension or war in$ury 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 of disability pension is sanctioned for life. <owever, where lump sum compensation has been paid in lieu of the disability element commutation of pension shall be allowed with reference to service element only. ____________________________________________________________________________________________________________________ R2 3#43A2A 110 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Note ?- Jhere the officer has been granted temporary disability pension or war in$ury pension commutation of pension shall be allowed only with reference to the service element of disability pension or notional value of service element of war in$ury pension. 'b( An e%ception to the limit of Rs. 2,::: referred 'a( above, may be made in cases where the total amount of pension or pensions of an officer 'other than an officer of the 9ilitary 6ursing )ervice( is less than Rs. 2,.:: a year. 5n such cases, pension not e%ceeding Rs. .:: may be commuted provided that not less than Rs. 1,/:: a year remains un"commuted. 'c( 5n calculating the amount of pension for the purposes of this regulation, there may be added to it the un"commuted portion of any other permanent pension or pensionBs payable to the applicant from 5ndian or other !overnment revenues. 'd( 2he portion of pension to be commuted will consist of whole rupees only sub$ect to ma%imum limit prescribed in the preceding clauses. 5f fraction of pension to be commuted results in a fraction of a rupee, such fraction of a rupee, shall be ignored for the purpose of commutation. 'e( 5f an officer in receipt of temporary disability pension or invalid pension, who has commuted his pension before attaining the age of .: years, subse-uently regains health and is again granted a permanent commission, he will be re-uired to surrender to the !overnment not only the un"commuted portion of his pension but also the commuted value thereof in addition to other retirement benefits received by him, before any right to count his previous service would accrue to him. 7hen coutation of pension is perissible ,.,. ommutation may ta@e place on retirement or at any time subse-uent there to, +rovided that when an officer is re"employed in an emergency and his7her pension is held in abeyance under regulation 11, he7she shall not be permitted to commute any portion of his7her pension during such re"employment. Calculation of coute# value ,... 'a( 2he basis of commutation shall be the table prescribed by the +resident from time to time under the ..). 'ommutation of +ension( Rules& 1;81. )ee A4 8/711 also( 'b( 2he age of the officer shall be ta@en as being the age he will attain on the ne%t birthday following the date on which the commutation shall become absolute, sub$ect to such addition of years of age in the case of impaired life, as may be recommended by the medical board. 'c( 5n the event of the table of values applicable to an officer 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 'but see Regulation ,"0( 2he table current as on 1.1.80 is given below. ____________________________________________________________________________________________________________________ R2 3#43A2A 111 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 3AALE ommuted value for a pension of Re. 1 per annum __________________________________________________________________ Age ne%t ommutation Age ne%t ommutation birthday value e%pressed birthday valueof e%pressed as no. of year's of year's purchase purchase Rs.p. Rs.+. __________________________________________________________________ 11 1;.28 /1 12.;/ 18 1;.2: /2 12.00 1; 1;.11 /, 12.,/ 2: 1;.:1 /. 12.:/ 21 18.;1 // 11.1, 22 18.81 /0 11..2 2, 18.1: /1 11.1: 2. 18./; /8 1:.18 2/ 18..1 /; 1:..0 20 18.,. 0: 1:.1, 21 18.21 01 ;.81 28 18.:1 02 ;..8 2; 11.;, 0, ;.1/ ,: 11.18 0. 8.82 ,1 11.02 0/ 8./: ,2 11..0 00 8.11 ,, 11.2; 01 1.8/ ,. 11.11 08 1./, ,/ 10.;2 0; 1.22 ,0 10.12 1: 0.;1 ,1 10./2 11 0.0: ,8 10.,1 12 0.,: ,; 10.:; 1, 0.:1 .: 1/.81 1. /.12 .1 1/.0. 1/ /... .2 1/..: 10 /.11 ., 1/.1/ 11 ..;: .. 1..;: 18 ..0/ ____________________________________________________________________________________________________________________ R2 3#43A2A 118 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ ./ 1..0. 1; ...: .0 1..,1 8: ..11 .1 1..1: 81 ,.;. .8 1,.82 82 ,.12 .; 1,./. 8, ,./2 /: 1,.2/ 8. ,.,2 8/ ,.1, __________________________________________________________________ 7hen Coutation becoes absolute ,./. 2he commutation of pension shall become absolute& " 'i( in case where one applies before retirement, on the date following the date of retirement. 'ii( in cases where one applies within one year after retirement, on the date on which the application is received by the sanctioning authority, and 'iii( in case where 9edical Hoard for commutation is held, or the date on which the 9edical Hoard7Authority signs the medical certificate. RED@C3ION ON ACCO@N3 O* CO44@3A3ION '1( Reduction in the amount of pension on account of commutation shall become operative from the date of payment of commuted value of pension or at the end of three months, after the issue by the *A '+(, of authority as@ing the pensioner to collect the commuted value of pension, whichever is earlier. +rovided that in the case of those who draw their pension through the nationaliSed ban@s reduction in pension on account of commutation shall be operative from the date on which the commutation amount is credited by the ban@ to the pensioner's account to which pension is being credited. +rovided further that in the case of those governed by clause '1( or rule ,./ in whose case the commuted value of pension becomes payable on the day following the date of retirement, the reduction in the amount of pension on account of commuted value of pension could not be made within the first month after the date of retirement, the difference of monthly pension for the period between the day following the date of retirement and the date preceding the date on which the commuted value of pension is deemed to have been paid in terms of Rule .; of the entral !ovt. Accounts 'Receipts and payments( Rules, 1;8,, shall be authorised by the *A'+(. '2( 5n the case of an applicant referred to in Regulations ,.8 and rule 1: of ) '#+( Rules 1;81 the commuted value ;s paid in two stages. 2he reduction in the amount of pension in such cases shall be made from the respective dates of the payments as laid down in clause '1( above. Authorit"'-9#* letter 6o. :11:17A!7+).'c(7..:17* '+en7)AR( dated 170711 and Rule 0 '1( 'c( of ) '#+( Rules 1;81. __________________________________________________________________ ____________________________________________________________________________________________________________________ R2 3#43A2A 11; ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ +ub- *ispension with ommutation 9edical Hoard"Armed Corces #fficers and +ersonnel including 6sA( 1. As a further measure of simplification the +resident is pleased to decide that those who apply for commutation of +ension within one year of the date of their retirement on attaining the normal ages of retirement or superannuation in the case #fficers and on retirement after completion of their term of regular engagements in the case of personnel below #fficer Ran@ including 6s 'A( will not be sub$ected to medical e%amination as re-uired under the +ension Regulations for the purpose of payment of ommuted Ialue, sub$ect to the e%isting limits of .,D for #fficers and ./D for personnel below officer ran@. 2. 2hese orders will not apply to&" 'a( +ersons retiring otherwise on attaining the normal ages of retirement. 'b( +ersons retiring in the normal manner but who apply for ommutation of pension after one year of the date of their retirement. ,. +ersons who are hr low medical category and who appear before the Release 9edical Hoard will not be re-uired to go before another medical Hoard for purposes of ommutation of pension. 5n their case an annotation will be made in the form itself to be completed by the Release 9edical Hoard, regarding their longevity, which will be acted upon by the *A '+ensions( for purposes of ommutation of pension. .. 2he commutation under these orders shall become absolute from the date on which the applications for commutation are received by the sanctioning authority prescribed in +R of the three services. <owever, in cases where applications are received by the sanctioning authority before the date of retirement7discharge, the commutation shall become absolute on the date of commencement of pension. )uch of the Armed Corces #fficers and +ersonnel including 6s 'A( who apply for commutation of pension under these orders, will have no option to withdraw their applications subse-uently. /. Cormal amendments will be issued in due course. 0. 2hese orders will ta@e effect from 20th *ec. 1;11. 2hese orders will also apply to those who have retired before 20th *ec., 1;11 but have crossed the ne%t birthday after superannuation and have not gone before a ommutation 9edical Hoard. 1. 2his letter issues with the oncurrence of 9in. of Cin. '*ef( vide U.#. 6o. 1/.17+en of 1;18. NAuth%-9in. of *efence, 6ew *elhi letter 6o. H7.:,2,7A!7+) .'c(7,1.7U)7* '+en7)ers( dt. 1:"/"18.O __________________________________________________________________ A%O% EE2MD +ub8ect-9edical A%amination prior to retirement, release and discharge from Army )ervice. ____________________________________________________________________________________________________________________ R2 3#43A2A 12: ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 1. All ran@s are re-uired to be medically e%amined prior to release7retirement7discharge on voluntary basis on completion of tenure or service limit, vide +ara ,;1 'a( of Regulation for the 9edical )ervices Armed Corces 1;02 and A.#. .::712 and .;071,. 2hose who are found to be in a medical category lower than ?AB ')1 <l Al +1 in the cases of officers( or where the individuals claim to be suffering from a disability have to be brought before a release medical boar 2. 2he holding of a release medical board on individuals suffering from disability, has assumed added significance with the decision of the !ovt. 'vide A.#. ;8718( that w.e.f. 20 *ec 11, in low medical category persons retiring on attaining the normal ages of retirement or after completion of their term of regular engagement, the release medical board will ma@e an annotation in their +roceeding about the longevity of the individual, which will be authority for the *A '+( to act upon for the purpose of commutation of their +ension if a re-uest for commutation is made within 12 months from the date of such retirement, As such, if the affected individuals are not medically e%amined at the time of their becoming non"effective and not brought before a release medical board in ca"e they are found to be in a low medical category, they will apart from losing the benefit of disability pension from the date of their retirement7discharge will also be deprived of the above mentioned procedure for commutation of pension and will be re-uired to undergo the normal procedure of applying and appearing before a commutation medical board. ,. #fficer ommanding units and formation commanders will therefore, ta@e scrupulous care to see that this medical e%amination is carried out without fail on all Army officers and personnel below officer ran@ at the time of retirement7release7discharge and those found to be suffering from a disability are invariably brought before a release medical board. 2his process shall not be dispensed with even if an individual renders a certificate that he will not claim disability pension. )Auth.-A.*. ++/,8- 7ith#ra)l of application ,.0 'a( An officer may withdraw his7her application for commutation& " 'i( Jhen the table of values applicable to him7her is modified between. the date of administrative sanction to the "commutation and the date on which the commutation becomes absolute, and the modified table is less favourable to him7her than that previously in forceR or 'ii( Jhen, in the case of impaired lives, the medical board recommends an addition of years of age to his7her actual age. 'b( Jithdrawal of application must be made by written notice, despatched within 1. days of the date on which the officer receives intimation of modified table or of the recommendation of the medical board and of the capital sum payable in view thereof, as the case may be. ____________________________________________________________________________________________________________________ R2 3#43A2A 121 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'c( 2he #fficer after giving notice in writing may also withdraw his application at any time before sub$ecting himself to medical e%amination before the medical authority but in no case after he has appeared before such authority. Inci#ental expenses incurre# ,.1. 6o reimbursement of any traveling or other e%penses incurred by an officer in connection with commutation of his7her pension shall be admissible. Coutation of anticipator"2provisional pension ,.8. 5f some delay is li@ely to arise in the finalisation of retiring pension of an officer 'including an officer of the 9ilitary 6ursing )ervice commutation may be allowed on the anticipation or provisional pension, if any, in issue sub$ect to necessary ad$ustment when the final pension is sanctioned.2he anticipatory7provisional pension will be commuted under the same general conditions as apply to commutation of final retiring pension. 2o ensure re" payment of the, commuted value of the portion of an anticipatory7provisional pension paid in e%cess, the hief ontroller of *ef. Accounts '+ensions(, Allahabad, will obtain from the pensioner a declaration in the following from along with his application for commutation& " *or of #eclaration FJhere as the hief ontroller of *efence Accounts '+ensions( Allahabad has consented, provisionally, to advance to me the pension W Rs. . . . . . .per month, relief W Rs. . . . . . . . . per month, Retirement !ratuity of Rs........ and a sum of Rs....... being the commuted value of........ D a part of the anticipatory pension mentioned above, in anticipation of the completion of the en" -uiries7documents necessary to determine my pension entitlements, viS. pension, relief and Retirement !ratuity, and a part of pension that may be commuted. 5 hereby ac@nowledge that in accepting the advance, 5 fully understand that the same is sub$ect to revision on the completion of the necessary en-uires7documents, and 5 promise to raise no ob$ection to such revision on the ground that the provisional payment now made to me e%ceed the award to which 5 may be eventually found entitled. 5 further promise to re"pay either in cash or by deduction from subse-uent payments of pension any amount advanced to me in e%cess of that amount to which 5 may be eventually found entitled.G ____________________________________________________________________________________________________________________ R2 3#43A2A 122 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Chapter-6II HCO;s inclu#ing those grante# Con"% Coissions( ORs( NCs -E. of the Regular Ar" an# of the D+C an# 3A Extent of Application ,.;. 'a( 2he Regulations in this hapter shall apply to all Xunior ommissioned #fficers including those granted <onorary ommissions, #ther Ran@s and 6on" ombatants 'Anrolled( of the Regular Army and of the *efence )ecurity orps, and 2A who in receipt of service7special pension, disability pension, invalid pension, war in$ury pensions and reservist pension& Note' -Q +rovided that an individual, against whom departmental7$udicial proceedings are in progress, shall not be eligible to commute a fraction of his provisional pension authorised under regulation ,'b( of these regulations. +rovided further that in the case of 2erritorial Army personnel who are in receipt of a pension which is held in abeyance when they are embodied for service or on the permanent administrative or instructional staff 'as distinct from embodiment for recruits Annual and Ioluntary 2raining( and who are permitted, during such embodiment, to commute a portion of their pension, a deduction e-uivalent to the amount of pension commuted shall be made from the pay they would be drawing in the 2erritorial Army, from the date the commutation become effective. ,.;. 'b( #bsolete Q Amended vide tatter 6o. A71::1,07A!7+).'c(70/2 * '+en7)Ar( dated ;78782. Note' - 6o commutation of pension sanctioned under Regulation ,"H shall be permitted vide clause 'a( 'iv( of that Regulation. Con#itions an# liits of coutation ,/:. 'a( An individual may be permitted, sub$ect to the report of a medical board, where necessary under these rules, as to his7her physical fitness and to any decision ta@en in the e%ercise of the discretion provided in Regulation / and 11; of these Regulations to commute for a lump sum payment, a portion not e%ceeding ./D, of his or her pension or pensions 'less any amount previously commuted(, provided that the amount left un"commuted is not less than Rs. 2.:7a year. 'b( 5n calculating the amount of pension for the purposes of this regulation, there may be added to it the un"commuted portion of any other permanent pension or pensions payable to the applicant from 5ndian or other !overnment revenues. ____________________________________________________________________________________________________________________ R2 3#43A2A 12, ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'c( 2he portion of pension to be commuted will consist of whole rupees only sub$ect to ma%imum limit prescribed in the preceding clauses. 5f fraction of pension to be commuted results in a fraction of a rupee, such fraction of a rupee, shall be ignored for the purposed of commutation ,/:. A. #bsolete Coutation of Disabilit" Pension ,/1. ommutation of pension shall be allowed with reference to total disability pension or war in$ury 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 of disability pension is sanctioned for life. <owever, where lump sum compensation has been paid in lieu of the disability element commutation of pension shall be allowed with reference to service element only. Jhere the individual has been granted temporary disability pension or war in$ury pension commutation of pension shall be allowed only with reference to the service element of disability pension or notional value of service element of war in$ury pension. 7hen Coutation of Pension is Perissible ,/2. ommutation may ta@e place on retirement or at any time subse-uent thereto. +rovided that when an individual is re"employed in an emergency and his7her pension is held in abeyance under Regulation 11 he7she shall not be permitted to commute any portion of his7her pension during such re"employment. Calculation of Coute# 6alue ,/,. 'a( 2he basis for commutation shall be the 2able prescribed by the +resident from time to time under the ..). 'ommutation of +ension( RulesR 'b( 2he age of the individual shall be ta@en being the age he will attain on the ne%t birthday following the date on which the commutation of pension shall become absolute sub$ect to such addition of years of age in the case of impaired life, as may be recommended by the medical authority and 'c( 5n 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 but see Regulation ,//. Jhen ommutation Hecomes Absolute ,/.. 2he commutation of pension shall become absolute&" 'i( in case where one applies before retirement, on the date following the date of retirement. 'ii( in cases where one applies within one year after retirement, on the date on which the application is received by the sanctioning authority, and ____________________________________________________________________________________________________________________ R2 3#43A2A 12. ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'iii( in case where 9edical Hoard for commutation is held, on the date on which the 9edical Hoard7Authority signs the medical certificate. 7ith#ra)al of Application ,//. An individual may withdraw his application for commutation. 'i( Jhen 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 forceR or 'ii( Jhen, in the case of impaired lives, the medical board recommends an addition of age to his actual ageR or 'b( Jithdrawal of application must be made by written notice, despatched within 1. days of the date on which the individual receives intimation of modified table or of the recommendation of the medical board and of the capital sum payable in view thereof, as the case may be. 'c( 2he individual after giving notice in writing may also withdraw his application at any time before sub$ecting himself to medical e%amination before the medical authority but in no case after he has appeared before such authority. Inci#ental Expenses Incurre# ,/0. 6o re"imbursement of any travelling or other e%penses incurred by and individual in connection with the commutation of a portion of his pension shall be admissible. Coutation of Anticipator"2Provisional Pension ,/1. 5f some delay is li@ely to arise in the finalisation of service pension of an individual commutation may be allowed on the anticipatory or provisional pension, if any, in issue sub$ect to necessary ad$ustment when the final pension is sanctioned. 2he anticipatory7provisional pension will be commuted under the same general conditions as apply to commutation of final service pension. 2o ensure re"payment of the commuted value of the portion of an anticipatory7provisional pension paid in e%cess, the hief ontroller of *efence Accounts '+ensions(, Allahabad, will obtain from the pensioner a declaration in the following from along with his application for commutation&" *or of #eclaration FJhere as the hief ontroller of *efence Accounts '+ensions( Allahabad has consented, provisionally, to advance to me pension W Rs. . . . . . . .per month, relief W Rs. . . . . . per month, Retirement !ratuity of Rs.... and a sum of Rs.... being the commuted value of ... D a part of the anticipatory pension mentioned above, in anticipation of the completion of the en-uiries7documents necessary to determine my pension entitlements, viS. pension, relief and Retirement !ratuity, and a part of pension that may be commuted. 5 hereby ____________________________________________________________________________________________________________________ R2 3#43A2A 12/ ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ ac@nowledge that in accepting the advance, 5 fully understand that the same is sub$ect to revision on the completion of the necessary en-uires7documents, and 1 promise to raise no ob$ection to such revision on the ground that the provisional payment now made to me e%ceed the award to which 5 may be eventually found entitled. 5 further promise to re"pay either in cash or by deduction from subse-uent payments of pension any amount advanced to me in e%cess of the amount to which 5 may be eventually found entitled.G APPENDI9 I-Not Printe# -Obsolete. APPENDI9 II 'Referred to in Regulations .8, 11, M 18/( EN3I3ILE4EN3 R@LE+ *OR CA+@AL35 PEN+IONAR5 A7ARD+( >ED? '+romulgated vide 9inistry of *efence letter 6o.1 '1(7817+en", dated 22.11.1;8,, as amended vide orrigendum 6o. 1'1(7817+en" dated 21st August, 1;8.(. 1.2he Antitlement Rules set out below apply to service personnel, who became non"effective on or after 1 st Xanuary 1;82. 2he cases arising on or after 5st Xanuary 1;82 may be considered under these rules provided that such a case is still outstanding on the date of issue of these rules. Cor the purpose of defining whether a case will be treated as outstanding or not, it may be clarified that where such a case has already been decided even at the initial stage, the same will be treated as having been decided. )uch cases will not be reopened. 2hese rules shall be read in con$unction with the !uide to 9edical #fficers '9ilitary +ensions( 1;8:R as amended. 2. +ending decision on a general case to give pay and allowances to probationary nurses and cadets undergoing training at 6*A759A and ether pre" commissioned and probationary commission training institutions7academies of the *efence )ervices, they will continue to be governed under the e%isting instructions for casualty pensionary awards. ,. 2hese rules do not apply to the cases where disablement or death, on which the claim to casualty pensionary award is based, too@ place" 'i( during the period from ,.;.1;,; to ,1.,.1;.8, which will be dealt with in accordance with the entitlement criteria laid down in Anne%ure 1. 'ii( during the period from 1.1.1;.8 to ,1.12.1;81,, which will be dealt with in accordance with the entitlement rules promulgated vide 9inistry of *efence '+ensions Hranch( letter 6o. 1,8;;;717+, dated 18th April 1;/:, as amended from time to timeR 'iii( during the post " 1;.8 periods of emergency, which will be dealt with in accordance with Anne%ure 55 .. 5nvaliding from service is a necessary condition for grant of disability pension. An individual who, at the time of his release under the Release ____________________________________________________________________________________________________________________ R2 3#43A2A 120 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Regulations, is in a lower medical category than that in which he was recruited will be treated as invalidated from service. X#7#R and e-uivalents in other services who are placed permanently in a medical category other than ?AB 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 invalidated out of service. /. 2he approach to the -uestion of entitlement to casualty pensionary awards and evaluation of disabilities shall be based on the following presumptions& PRIOR 3O AND D@RING +ER6ICE 'a( A member is presumed to have been in sound physical and mental condition upon entering service e%cept as to physical disabilities noted or recorded at the time of entrance. 'b( 5n the event of his subse-uently being discharged from service on medical grounds any deterioration in his health, which has ta@en place, is due to service. 0. *isablement or death shall be accepted as due to military service provided, it is certified by appropriate medical authority that& " 'a( the disablement is due to a wound, in$ury or disease which 'i( is attributable to military service, or 'ii( e%isted before or arose during military service and has been and remains aggravated thereby. 2his will also include the precipitating7hastening of the onset of a disability. 'b( the death was due to or hastened by" 'i( a wound, in$ury or disease which was attributable to military serviceR or 'ii( the aggravation by military service of a wound, in$ury or disease which e%isted before or arose during military service. 1. Jhere there is no note in contemporary official records of a material fact on which the claim is based, other reliable corroborative evidence of that fact may be accepted. 8. Attributability7aggravation shall be conceded if causal connection between death7disablement and military service is certified by appropriate medical authority. ON@+ O* PROO* ;. 2he claimant shall not be called upon to prove the conditions of entitlements. <e7she will receive the benefit of any reasonable doubt. 2his benefit will be given more liberally to the claimants in field7afloat service cases. PO+3 DI+CCARGE CLAI4+ ____________________________________________________________________________________________________________________ R2 3#43A2A 121 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 1:. ases in which a disease did not actually lead to the member's discharge from service but arose within 1: 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 m 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. 11. 5n cases where an individual in receipt of a disability pension dies at home and it cannot form a strictly medical point of view, be definitely established that the death was due to the disablement in respect of which the disability pension was granted& 'a( the benefit of doubt in determining the attributability should go to the family of the deceased, if death occurs within 1: years from the date of his invalidment from service unless there are other factors adversely affecting the claimR and 'b( if death ta@es place more than i: years after the date of man's invalidment from service, the benefit of doubt will go to the )tate. D@35 12. A person sub$ect to the disciplinary code of the Armed Corces is on FdutyG& 'a( Jhen performing an official tas@ or a tas@, failure to do, which would constitute an offence, triable under the disciplinary code applicable to him^ 'b( Jhen moving from one place of duty to another place of duty irrespective of the mode of movement. 'c( *uring the period of participation in recreation and other unit activities organised or permitted by )ervice Authorities and during the period of travelling in a body or singly by a prescribed or organiSed route. NO3E' >''a( +ersonnel of the Armed Corces participating in 'i( 4ocal7national7international sports tournaments as member of service teams, or 'ii( 9ountaineering e%peditions7gliding organised by service authorities, with the approval of )ervice <-rs., will be deemed to be Fon dutyG for purposes of these rules. 'b( +ersonnel of the Armed Corces participating in the above named sports tournaments or in privately organised mountaineering e%peditions or indulging in gliding as a hobby in their individual capacity, will not be deemed to be ?on dutyB for purposes of these rules, even though prior permission of the competent service authorities may have been obtained by them. 'c( 5n$uries sustained by the personnel of the Armed Corces in impromptu games and sports outside parade hours, which are organised by, or with the approval of, the local service authority, and death or disability arising from such" ____________________________________________________________________________________________________________________ R2 3#43A2A 128 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ in$uries, will continue to be regarded as having occurred while ?on dutyB for purposes of these rules. NO3E' ?-2he personnel of the Armed Corces deputed for training at courses conducted by the <imalayan 9ountaineering 5nstitute, *ar$eeling shall be treated on par with personnel attending other authorised professional courses or e%ercises for the *efence )ervices for the purpose of the grant of disability7family pension on account of disability7death sustained during the courses. 'd( Jhen proceeding from his duty station to his leave station or returning to duty from his leave station, provided entitled to travel at public e%penses i.e. on railway warrants, on concessional voucher, on cash 2A 'irrespective of whether railway warrant7cash 2A is admitted for the whole $ourney or for a portion only(, in government transport or when road mileage is paid7payable for the $ourney. 'e( Jhen $ourneying by a reasonable route from one's -uarter to and bac@ from the appointed place of duty, under organised arrangements or by a private conveyance when a person is entitled to use service transport but that transport is not available. 'f( An accident which occurs when a man is not strictly Eon duty' as defined may also be attributable to service, provided that it involved ris@ which was definitely enhanced in @ind or degree by the nature, conditions, obligations or incidents of his service and that the same was not a ris@ common to human e%istence in modern conditions in 5ndia. 2hus for instance, where a person is @illed or in$ured by another party by reason of belonging to the Armed Corces, he shall be deemed ?on dutyB at the relevant time. 2his benefit will be given more liberally to the claimant in cases occurring on active service as defined in the Army76avy7Air"Corce Act. INH@RIE+ 1,. 5n respect of accidents or in$uries, the following rules shall be observed& 'a( 5n$uries substained when the man is ?on dutyB as defined, shall be deemed to have resulted from military service, but in cases of in$uries due to serious negligence7misconduct the -uestion of reducing the disability pension will be considered. 'b( 5n cases of self"inflicted in$uries whilst on duty, attributability shall not be conceded unless it is established that service factors were responsible for such actionR in cases where attributability is conceded, the -uestion of grant of disability pension at full or at reduced rate will be considered. DI+EA+E+ 1.. 5n respect of diseases, the following rule will be observed& " 'a( ases in which it is established that conditions of 9ilitary )ervice did not determine or contribute to the onset of the disease but influenced the subse-uent courses of the disease but influenced the subse-uent courses of the disease, will fall for acceptance on the basis of aggravation. ____________________________________________________________________________________________________________________ R2 3#43A2A 12; ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ '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 military service. <owever, if medical opinion holds, for reasons to be stated, that the disease could not have been detected on medical e%amination prior to acceptance for service, the disease will not be deemed to have arisen during service. 'c( 5f a disease is accepted as having arisen in service, it must also be established that the conditions of military service determined or contributed to the onset of the disease and that the conditions were due to the circumstances of duty in military service. 1/. 2he onset and progress of some diseases are affected by environmental factors related to service conditions, dietic compulsions, e%posure to noise, physical and mental stress and strain. *isease due, to infection arising in service, will merit an entitlement of attributability. 6evertheless, attention must be given to the possibility of pre"service history of such conditions, which, if approved, could rule out entitlement of attributability but would re-uire consideration regarding aggravation. Cor clinical description of common diseases reference shall be made to the !uide to 9edical #fficers '9ilitary +ensions( 1;8:, as amended from time to time. 2he classification of diseases affected by environ" mental factors in service is given in Anne%ure"555 to these rules. CO44@NICAALE DI+EA+E+ AND DI+EA+E+ D@E 3O IN*EC3ION 10. *eath or disablement resulting from such diseases other than venereal diseases contracted during service shall be regarded as attributable to military service. Jhere the disease may have been contracted prior to enrolment or during leave, the -uestion of determining the incubation period in a particular case will arise and an opinion on this point should be e%pressed. 4I+CELLANEO@+ R@LE+ 11. 4EDICAL OPINION' At initial "claim stage, medical views on entitlement and assessment are given by the 59H7R9H. 6ormally, these views shall prevail for decisions in accepting or re$ecting the claim. 5n cases of doubt the 9inistry7#*A '+ensions( may refer such cases for second medical opinion to 9A '+ensions( )ections in the office of the *!AC9)7#ffice of *A '+(, Allahabad, respectively. At appeal stage, appropriate appellate medical authorities can review and revise the opinion of the medical boards on entitlement and assessment. 18. PREDI+PO+I3ION' ?+redispositionB of ?inherent constitutional tendencyB in itself is not a disease. And if there is a precipitating or causative factor in service, which produces the disease, then it is attributable to service, notwithstanding the inherent disposition. 1;. AGGRA6A3ION' 5f it is established that the disability was not caused by service, attributability shall not be conceded. <owever, aggravation by service ____________________________________________________________________________________________________________________ R2 3#43A2A 1,: ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ is to be accepted unless any worsening in his condition was not due to his service or worsening did not persist on the date of discharge7claim. 2:. CONDI3ION+ O* @NINO7N AE3IOLOG5' 2here are a number of medical conditions, which are un@nown, a etiology. 5n dealing with such conditions, the following guiding principles are laid down& " 'a( 5f nothing at all is @nown about the cause of the disease, and the presumption of the entitlement in favour of the claimant is not rebutted, attributability should be conceded. 'b( 5f the disease is one which arises and progresses independently of service7environmental factors than the claim may be re$ected. DELA5 IN DIAGNO+I+2AD6ER+E E**EC3+ O* 3REA34EN3 21.2he -uestion as to whether, through the e%igencies of service, the diagnosis and7 or treatment of the wound, in$ury, or disease was delayed, faulty or otherwise unsatisfactoryR including the adverse7unforeseen effects of treatment, shall also be considered. 2he entitlement for any ill effects arising as a complication from such factors shall be conceded as attributable. A++E++4EN3 22. Assessment of degree of disability is entirely a matter of medical $udgment and is the responsibility of the medical authorities. 2he degree of disablement due to service7duty of a member of the military forces shall be assessed by ma@ing a comparison between the conditions of the member as so disabled and the condition of a. normal health"person of same age and se%, without ta@ing into account the earning capacity of the member in his disabled condition in his own or any other specific trade or occupation, and without ta@ing into account the effects of any individual factor or e%traneous circumstances. Jhere disablement is due to more than one disability a composite assessment of the degree of disablement shall also be made by reference to the combined effect of all such disabilities in addition to separate assessment for each disability. 5n other than paired organs, conditions may co"e%ist which though interaction may give rise to the need for consideration under the greater disablement principle. #ne of the simplest e%amples is the pensioner with entitlement for bronchitis who also suffers from coronary atherosclerosis and a conse-uence of acute bouts of coughing claims increasing fre-uency of attac@s of angina. 5n such cases it is a matter of clinical $udgment as to the e%tent to which the assessment for bronchitis should be increased to cover the greater disablement arising from the interaction between that condition and the coronary atherosclerosis. 2he pensioner is not entitled to the total assessment of disablement for the coronary atherosclerosis which might well' be in the regions of ,: to .:D, but only to that portion of that assessment which it is reasonable to add to cover greater disablement. *epending on the increasedR fre-uency in the attac@s of ____________________________________________________________________________________________________________________ R2 3#43A2A 1,1 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ angina due to severe bouts of coughing, a greater disablement addition in the less than 2:D range might well be appropriate. 'a( 2he 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( 2he disablement properly referable to service will be assessed as under&" 'i( A3 3CE 3I4E O* DI+CCARGE *RO4 *ORCE+' 6ormally, the whole of the disablement then caused by the disability. 2his will apply irrespective of whether the disability is actually attributable to service, or is merely aggravated thereby. 'ii( ON RE+@R6E5 O* DI+AAILI35 A*3ER DI+CCARGE *RO4 +ER6ICE' 2he whole of the disablement then caused by the disability, less the following& " '1( 2he part due to non"service factors, such as individual's habits, occupation in civil life, accident after discharge, climatic environment after discharge. '2( Any worsening due to natural progress of the disability since discharge, apart from the effect of service. NO3E' *eduction '1( will be made in all cases, while deduction '2( will apply only in Hases where the disability is accepted as aggravated by, but' not attributable to service. APPEAL+ 2,. RIGC3 O* APPEAL' Jhere entitlement is denied by the +ension )anctioning Authority on initial consideration of the claim, the claimant has a right of appeal against decision on entitlement and assessment. Jhere as for decisions on entitlement all concerned authorities have to give opinions, assessment of degree of disablement is easy a matter of medical $udgment and is the responsibility of appropriate medical authority. 2.. *etailed procedure to be followed for appeals shall be issued by 9inistry of *efence from time to time. <owever, to avoid inordinate delay in ta@ing final decisions on the disability7family pensionary claims, suitable time limits at each stage of the claim shall be laid down. APPELLA3E AODIE+ 2/. 'a( DE*ENCE 4INI+3ER;+ APPELLA3E CO44I33EE ON PEN+ION+ *9A+ shall deal with second or the final appeal on claim for casualty pensionary awards. 2his committee consists of" hairman R97R+9 9embers UR9 hief of )taff 'Army, 6avy M Air Corce( ____________________________________________________________________________________________________________________ R2 3#43A2A 1,2 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ *efence )ecretary Cinancial Advisor '*)( *!AC9) XA! '2hree )ervices( 'b( APPELLA3E CO44I33EE *OR *IR+3 APPEAL+ ACA shall deal with claims for casualty pensionary awards on first appeals. 2his committee consists of& hairman *) '+A6)5#6)(, 9inistry of *efence dealing with pension cases. 9embers *irector +ersonal )ervices, Army <L and his counterparts in 6aval and Air <L dealing with pension cases. *eputy *irector !eneral '+ensions( of #ffice of *!AC9). *eputy Cinancial Advisor '+ensions(. DECI+ION O* APPELLA3E CO44I33EE *OR *IR+3 APPEAL 20. After consideration of all relevant issues involved in a case, the appellate body shall give decision of upholding or re$ecting the appeal by consensus. *@NC3ION+ AND RE+PON+IAILI3IE+ 21. 'a( +ER6ICE C!-Appropriate )ervice Authority shall be responsible for giving their views on matters relating to relevant service factors. 'b( H@DGE AD6OCA3E GENERAL -HAG.-<e shall be responsible for giving opinion on legal matters. 'c( 4EDICAL A@3CORI35"Assessment of disablement and entitlement in case of disabilities other than in$uries on purely medical issues. Iiews on such medical issues shall be given by the appropriate medical authorities as under& 'i( 9edical Hoard shall give findings and recommendations on entitlement and assessment in case of all disabilities. 2hey are, however, not statutory bodies and their recommendations can be reviewed and revised by the medical authorities viS. *!AC9). 'ii( **! '+ensions(, #ffice of the *!AC9) shall be the medical authority dealing with medical issues at first appeal stage of the claim. 'iii( *!AC9) will be the final medical authority for giving views on medical issues at final stage to the *9A+. __________________________________________________________________ ANNE9@RE > 6ot printed. Cor any reference to this Anne%ure, see Anne%ure 55 to hapter 5I, !uide to 9edical #fficers '9ilitary +ension( 1;8:. __________________________________________________________________ ____________________________________________________________________________________________________________________ R2 3#43A2A 1,, ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ ANNE9@RE II A62524A9A62 RU4A) C#R 2<A *5)AH5452= A6* )+A5A4 CA954= +A6)5#6AR= AJAR*) 56 RA)+A2 #C A44 RA63) #C 2<A AR9A* C#RA) *UR56! A9AR!A6= PERIOD O* E4ERGENC5 GO6ERN4EN3 O* INDIA LE33ER 8 )ep 02 to ; Xun 08 A7:1;217A!7+)".'a(7;;.87+en" dated 20 *ec 02 , *ec 11 to ,1 9ar 12 2/ 9ar 11 to ,1 9ar 12 '#p actus 4ily( A7:1;217A!7+)".'d(7111,:7+en" dated 10 *ec 11 1/ Aug 11 to ,1 9ar 12 '6aval personnel( +67,;.8711;17+en", dated1 Ceb 12. Antitlement to disability or family pensionary awards in respect of all ran@s of the Armed Corces eligible for pension under 9ilitary Rules, disablement or death, shall be accepted as due to service. 5f" 'a( the disablement is due to a wound, in$ury or disease, which" 'i( is attributable to serviceR or 'ii( e%isted before or arose during service and has been, or remains aggravated thereby 'b( the death was due to or hastened by 'i( a wound or in$ury or disease which was attributable to service or 'ii( the aggravation by service of a wound, in$ury or disease which e%isted before or arose during service. 2. 5n dealing with these cases, the benefit of reasonable doubt will be given to the claimant. 2he entitlement shall be denied only if it can be established beyond reasonable doubt that the conditions mentioned above are not fulfilled. ,. Jhere an in$ury or disease, which led to discharge or death during service, was not noted in a medical report or other appropriate enrolment papers prepared at the time of commencement of the individuals service, fulfillment of the conditions mentioned in +ara 1 above may be accepted unless there is a positive evidence to the contrary. .. Jhere there is no note in contemporary official records of a material fact on which the claim is based, other reliable corroborative evidence of the fact may be accepted. N%A" ?)erviceB means service in the Armed Corces during emergency rendered anywhere in 5ndia. ____________________________________________________________________________________________________________________ R2 3#43A2A 1,. ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ )pecial proforma should be attached to the 59H proceedings of all ran@s to provide additional information vide *!AC9) letter 6o. 10:,,7*!AC9)79A '+ens( dated 28 Xan 1;12 addressed to **)9). ANNE9@RE III 3O APPENDI9 II Classification of Diseases A% DI+EA+E+ A**EC3ED A5 CLI4A3IC CONDI3ION+% 1. +ulmonary 2uberculosis. 2. +ulmonary edema ,. +ulmonary 2uberculosis with pleural effusion. .. 2uberculosis " 6on " pulmonary. /. Hronchitis. 0. +leurisy, empyema, lung abscess, and Hronchiectasis. 1. 4obar pneumonia. 8. 6ephritis 'acute and chronic( ;. #titis 9edia. 1:. Rheumatism 'acute and chronic( 11. Arthritis. 12. 9yalgia. 1,. 4umbago. 1.. 4ocal effects of severe cold climate"i.e., frost bite, tench foot and chilblains 1/. Affects of hot climate"i.e., heat stro@e and heat e%haustion. A% DI+EA+E+ A**EC3ED A5 +3RE++ AND +3RAIN% 1. +sychosis and +sychoneurosis. 2. <ypertension 'H+( ,. +ulmonary 2uberculosis .. +ulmonary 2uberculosis with pleural effusion. /. 2uberculosis '6on"pulmonary(. 0. 9itral )tenosis. 1. +ericarditis and adherent pericardium. 8. Andocarditic. ;. )ub"acute bacterial endocarditic, including infective endocarditic. 1:. 9yocarditis 'acute and chronic(. 11. Alular disease. 12. 9yocardial infarction, and other forms of 5<*. 1,. erebral hemorrhage and cerebral infarction ____________________________________________________________________________________________________________________ R2 3#43A2A 1,/ ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 1.. +eptic ulcer. C% DI+EA+E+ A**EC3ED A5 DIE3AR5 CO4P@L+ION+% 1. 5nfective hepatitis 'Xaundice( 2. *iseases of stomach and duodenum. ,. Jorm infestation and particularly guinea worm and round worm infections. .. !astritis. /. Cood poisoning, especially due to tinned food 0. !astric ulcer 1. *uodenal ulcer. 8. 6utritional *isorders. D% DI+EA+E+ A**EC3ED A5 3RAINING( 4ARCCING PROLONGED +3ANDING E3C% 1. 2etanus, erysipelas, septicemia and pyaemia, etc. resulting from in$uries. 2. Al@alosis and ac-uired deformities resulting from in$uries. ,. +ost traumatic epilepsy and other mental changes resulting from head in$uries. .. 5nternal derangement of @nee $oint. /. *eformities of feet. 0. #steoarthritis of spine and lower limb $oints. 1. Hurns sustained through petrol, fire, @erosene oil etc. leading to scars and various deformities and disabilities 8. <ernia ;. Iaricose veins. E% EN6IRON4EN3AL DI+EA+E+ 1. *iseases contracted in the course of official duty of attending to a Ienereal or septicemia patient or while conducting a postmortem e%amination. 2. *iseases contracted on account of handling infectious material, poisonous chemicals and radioactive substance. *% DI+EA+E+ A**EC3ED A5 AL3I3@DE 1. <igh altitude pulmonary edema and pulmonary hypertension. 2. Acute mountain sic@ness. ,. +sychosis, +sychoneurosis, suicide. .. 2hrombosis. G% DI+EA+E+ A**EC3ED A5 +ER6ICE IN +@4ARINE+ AND IN DI6ING 1. Acoustic trauma resulting from continuous noise and vibrations. 2. Affects of e%posure to high levels or to%ic gases. ,. *roplet infections. ____________________________________________________________________________________________________________________ R2 3#43A2A 1,0 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ .. 6eurosis and psychosomatic disorders. /. Affects of barotraumas 0. *ecompression sic@ness. 1. *ysbaric #sseo"necrosis. C% DI+EA+E+ A**EC3ED A5 +ER6ICE IN *L5ING D@3IE+ 1. #titic barotraumas 2. Altitude decompression sic@ness ,. <ypo%ia .. A%plosive decompression /. 4ong duration ! 5. *5)AA)A) 6#2 6#R9A44= ACCA2A* H= )ARI5A. 1. 9alignant diseases 'ancer and arcinoma( 2. )arcoma 'e%cept in cases of )arcoma of bone with a history of in$ury due to service, on the site of development of the growth(. ,. Apithelium. .. Rodent ulcer. /. 4ymph sarcoma. 0. 4ymph adenoma e%cept of viral a etiology 1. 4eu@emia 'e%cept radiation effect( 8. +ernicious anemia 'Addison's disease(. ;. #steitis deformans '+ugetBs disease(. 1:. !out. 11. Acromegaly. 12. irrhosis of the liver"if alcoholic, A=A) 1,. Arrors of refraction. 1.. <ypermetropia. 1/. 9yopia. 10. Astigmatism. 11. +retoria 18. !laucoma"acute or chronic, unless there is a history of in$ury due to service or of disease of the eye due to service. ____________________________________________________________________________________________________________________ R2 3#43A2A 1,1 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ APPENDI9 III -Referre# to in- Regulations =$ an# >DE. Rules governing the pa"ent of Constant Atten#ance Allo)ance 'Applicable to cases where the disability for which onstant Attendance Allowance is payable is attributable to or aggravated by service( 1. onstant Attendance Allowance will not be payable for any period during which the pensioner is an inmate or an inpatient of a !overnment institution or hospital. 2. +ayment of onstant Attendance Allowance will be made in arrears along with disability pension7war in$ury pension proper. +ayment will be made on the basis of" 'a( a certificate as in Anne%ure 5 in the case of X#, or and 6s 'A(R and 'b( A declaration by the pensioner as in Anne%ure 55 in other cases, which will be submitted to the pension disbursing officer each time the allowance is drawn. ANNE9@RE I AR25C5A2A C#R +UR+#)A) #C *RAJ56! #6)2A62 A22A6*AA A44#JA6A '6#2 2# HA 2RAA2A* A) 45CA AR25C5A2A( 6ame of pensioner . . . . . . . . . . . . . . . . . . . Address Iillage.............. .. 2ehsil................. *istrict etc............... Regimental 6o............................. Ran@ ............................ Regiment, orps or )ervice...................... +ension payment #rder 6o. ...................... Rate of onstant Attendance Allowance.............. +articulars of any period spent as an inmate or an inpatient of a !overnment hospital or institution, since the allowance was last drawn& " 'a( *ate of admission to hospital or institution......... 'b( *ate of discharge from hospital or institution......... ____________________________________________________________________________________________________________________ R2 3#43A2A 1,8 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'c( Address of hospital or institution.................. CER3I*ICA3E ertified from my personal @nowledge of the pensioner described above that the particulars given on this form are correct, and that during the period, viS............. for which onstant Attendance Allowance is claimed. 'a( the pensioner was not an inmate or inpatient of a !overnment hospital or institutionR 'b( <e actually employed )hri . . . . . . . ... son of>>>>>>>>>>>>. )hri . . . as a constant and paid attendant to loo@ after him such attendance having been necessitated by the disability7disabilities for which he is drawing the disability pension. )ignature........... *esignation . . . . . . . . . .. *ated . . . . . . .. . Cull Address . . . . . . .. . Note' >% 2his certificate should be submitted to the pension disbursing office each time the allowance is drawn. 2. 2he certificate will be signed by a responsible !overnment officer or by some other well @nown and trustworthy person e.g. a X#, a )ub"5nspector of +olice, a )ub"+ostmaster, a 2ehsildar, a Iillage headman, a patti patwari 'in the case of !arhwali pensioners resident in 3umaon(, or the head of the village, panchayat, who is personally ac-uainted with the pensioner. 5n the case of !or@ha pensioners residing in 6epal, the certificate may also be signed7 countersigned by the Recruiting officer7*eputy Recruiting #fficer7Ass. Recruiting officer for !or@has and 9ilitary attache7Ass.9ilitary Attache7Asst. Air Attache to the 5ndian Ambassy in 6epal. ANNE9@RE II DECLARA3ION *OR P@RPO+E+ O* DRA7ING CON+3AN3 A33ENDANCE ALLO7ANCE N%A'- Any person willfully ma@ing a false declaration is liable to prosecution 6ame of +ensioner.................. Address................. +ersonal 6o.................. Ran@ ................. Regiment, orps or )ervice.................. +ension payment order 6o.................. Rate of onstant Attendance Allowance................. +articulars of any period spent as an in"mate or an in"patient of a !overnment hospital or institution since the allowance was last drawn " ____________________________________________________________________________________________________________________ R2 3#43A2A 1,; ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'a( *ate of admission in hospital or institution......... 'b( *ate of discharge from hospital or institution........ 'c( Address of hospital or institution............... CER3I*ICA3E 5 hereby declare that 5 am the pensioner described above, that the particulars given on this form are true and that for the period viS . . . . . . . . . . . to . . . . . . . . . , . . . . for which 5 now claim onstant Attendance Allowance 'a( 5 was not an in"mate or an in"patient of a !overnment hospital or institution. 'b( 5 actually employed )hri ... son of )hri ... as a paid attendant to loo@ after me such attendance having been necessitated by the disability7disabilities for which 5 am drawing the disability pension7war in$ury pension. 5 further declare that 5 understand that 5 am not entitled to receive onstant Attendance Allowance for any period during which the foregoing condition are not fulfilled. +ensioner's )ignature............ *ate __________________________________________________________________ 6#2A&"2his form should be forwarded to the pension disbursing officer each time the allowance is drawn. ____________________________________________________________________________________________________________________ R2 3#43A2A 1.: ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ APPENDI9 I6 -Referre# to in Regulation >F=. CO4PA++IONA3E GRA3@I35 *@ND -DE*ENCE +ER6ICE+. N+romulgated vide 9inistry of *efence letter 6o. 22.11/97+en" dated .th April 1;81 as amended vide 9inistry of *efence letter 6o. + 8;12/7A!7+). 'a(7,1,;7+en" dated 2nd 9ay 1;82 and orrigendum 6o. 22:11/71170;07* '+en"( dated 1st Ceb., 1;8,O NA4E 1. 2he name of the fund shall be Fompassionate !ratuity Cund '*efence )ervices(.G CON+3I3@3ION 2. 2he ompassionate, !ratuity Cund '*efence )ervices( shall be constituted and operated by means of an annual grant of Rs.2, ::,::: 7" 'Rupees 2 la@h only(. 2he une%pended balance of the annual grant shall be carried forward to the ne%t year, sub$ect to the stipulation that in no case shall the budget provision for any one financial year e%ceed Rs. .,::,:::7" 'Rupees four la@h only(. 2he e%penditure in any one financial year shall, however, not e%ceed Rs. , la@hs in any case. Cor this purpose, a proforma account of the Cund shall be opened by the 9inistry of *efence to watch the progress of the e%penditure against the ceiling fi%ed for each financial year. 2his account shall be available for inspection by audit. ,. All recommendations for the grant of awards shall be made by a board consisting of the Xoint )ecretary '+MJ(, 9inistry of *efenceR Additional Cinancial Adviser, ministry of Cinance '*ef( '6ow Cinance *ivision of the 9inistry of *efence( and the *eputy Ad$utant !eneral, Army head-uarters, *++MR, Air <L and Assistant hief of +ersonnel, 6aval <ead-uarters. All members of the Hoard will have the right to vote. 2he decision of the ma$ority of members shall be deemed to be the decision of the Hoard. An officer of the 9inistry of *efence, nominated by the Xoint )ecretary '+MJ(, 9inistry of *efence shall be e%"officio )ecretary to the Hoard. .. All recommendations for the grant of awards from the Cund will be submitted to the *efence )ecretary for his approval. ELIGIAILI35 ____________________________________________________________________________________________________________________ R2 3#43A2A 1.1 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 2he Cund will be operated for providing relief to the families7dependents of the deceased ommissioned #fficers, X#s 'including those holding honorary commissions(7#R76s 'A(, and corresponding ran@s of the 6avy and Air Corce who die while in service, on or after 1st Xanuary, 1;18. ases, which have already been settled under the e%isting rules, shall not be reopened. 0. 2he term 'family7dependents' for the purpose of these orders will mean widow lawfully married and children"actual and legitimate 'including those validly adopted( of the deceased, and in the absence of widows and children eligible for the award, a grant will be made to parents and, in their absence, to minor brothers and sisters of the deceased. CONDI3ION+ *OR 3CE GRAN3 O* A7ARD+ 1.'a( !rants from the Cund shall be restricted to cases of deserving character where the family is left in indigent circumstances. 'b( 9onthly income of the applicant from all sources, including family pension, children allowance and the element of interest on lump sum amount received7payable on the date of death of the individual, should not e%ceed Rs. 1/:7" pm. 5n computing the income of the widows and families for this purpose, the income, if any, of unmarried daughters and married sons who have their own families to support"or may be living separately, shall not be ta@en into account. 'c( #ne time grant received from the ontributory benevolent funds will not be ta@en into account in assessing monthly income of the claimant. <owever, one time grant from non"contributory funds in e%cess of Rs.18::7" will be ta@en into account. Recurring grants from all sources will be ta@en into account while calculating the eligibility for grants from the Cund. 'd( 6ormally preference will be given to the 7dependents of individuals who have put in long years of service. 'e( #ther things being e-ual, preference will be given to dependents of individuals who were comparatively on low rates of pay. A4O@N3 O* 3CE GRAN3 8. 'a( 5n e%ceptional cases suitable recurring grants may be sanctioned for a limited period as assistance towards special needs, such as e%penditure on the education of minor children. 2hese recurring grants will be sub$ect to such co 1ditions as the Hoard may impose to satisfy itself regarding the continuance of the need, utilisation of the amount etc. 'b( 2he minimum amount of the lump sum grants will be Rs. /::7" but the ma%imum will not e%ceed Rs. 1:::7", save in very e%ceptional circumstances. 2he total benefit payable in any individual case 'lump sum and recurring( shall not normally e%ceed Rs. 1:,:::7" or a year's pay whichever is less. 2he precise amount will be fi%ed accordingR to needs of each case as assessed by the Awarding Hoard. ____________________________________________________________________________________________________________________ R2 3#43A2A 1.2 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ PROCED@RE *OR +ANC3ION O* A7ARD+ ;. CO44I++IONED O**ICER+' 2he applications, as in the attached form, shall be made within one year of the date of death of the officer and forwarded to the )ervices <ead-uarters concerned. Applications will not, however, be re-uired to be made by widows7families whose monthly income from all sources, including the family pension, children allowance and the element of interest on lump sum amount received7payable on the date of death of the "officer concerned, obviously e%ceeds Rs. 1/:7" p.m. 5n such cases, applications can be made in very e%ceptional circumstances where the son may be about to complete his higher course e.g. 9HH), HA or other postgraduate courses etc. 1:. 2he service head-uarters concerned will scrutiniSe the applications for verifying the correctness of the facts mentioned therein and thereafter these wile be sent with all the documents and their comments to the )ecretary, ompassionate !ratuity Cund '*efence )ervices(. 2he )ecretary of the Hoard shall obtain the views of the 9inistry of *efence 'Cinance( also before submitting the case to the Hoard. 2he Hoard shall, before deciding each case, ma@e such en-uiries as it deems fit and shall be entitled to call for and inspect all relevant documents and files in connection with the case. 2he Hoard shall meet every -uarter to consider the applications received for this purpose. HCOs2OR2NCs -E. AND E!@I6ALEN3 RANI+ 11.'a( 2he application, as in the attached form, will be completed by the claimant in duplicate and forwarded to the #fficer"in"harge Records of the deceased individual within one year of the date of death of the member of the Corces. 6o application made after the stipulated time limit will be considered unless the delay is beyond the control of the applicant. 'b( 2he #fficer"in"harge Records will scrutiniSe such applications for verifying the correctness of facts mentioned therein, and forward one copy of the same to the Ad$utant !eneral 'A!7+)".'a(( in the case of Army personnel, 6aval <- '*te of )upply7++MA( and Air <L '*te. of ++MR( in the case of 6aval and Air Corce personnel, respectively, along with other relevant documents for further consideration. 'c( )ervices <L will scrutiniSe the applications and after giving their comments, send them along with all connected documents to the )ecretary of the Hoard. 'd( 2he )ecretary of the Hoard shall obtain the views of the 9inistry of *efence 'Cinance( also, before submitting the cases to the Hoard. 'e( !overnment orders for sanction of awards from the om"passionate !ratuity Cund will be issued by the )ecretary of the Hoard after the same have been approved by the *efence )ecretary and 9inistry of Cinance '*efence(. '6ow Cinance *ivision of the 9inistry of *efence( 12.Applications in respect of ommissioned #fficers and personnel below officer ran@, who died during the period 1st Xanuary 1;18 to ,1st 9arch 1;81, wherever, necessary, shall be obtained from the affected claimants within si% months of the ____________________________________________________________________________________________________________________ R2 3#43A2A 1., ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ date of issue of these orders. ases, which have already been settled on the basis of the e%isting rules, will, however, not be reopened. 1,. 2he decision of the Hoard on all matters relating to the Cund or grants there from shall be treated y final. All awards from the Cund will be purely e%"gratia. ANNE9@RE +lace.................. *ate.............. 2o 2he )ecretary, ompassionate !ratuity Cund '*efence )ervices( Hoard, 9inistry of *efence, !overnment of 5ndia, NE7 DELCI 2hrough Army <ead-uarters 'A!'s Hranch" +).'c(( 5n the case of 6aval <ead-uarters '++ M A( ommissioned Airhead -uarters ++ M R #fficers. #fficer"in"harge Records 5n the case of #fficer"in"harge, Air Corce Records +ersonnel below *haula 3uan, 6ew *elhi. #fficer ran@. ommodore 6aval Harrac@s Hombay. )ir, 5____________________________of______________________________ '6o, ran@s M name( who last served with ____________________________________________________________ 'Unit or formation( who died on______________________________ at. ______________'+lace( Crom __________________________________________________________________ '*isease7accident( hereby apply for an award from the ompassionate !ratuity Cund '*efence )ervices(. 2. 2he necessary particulars including a complete statement of my properties and other assets are given in the attached form. ____________________________________________________________________________________________________________________ R2 3#43A2A 1.. ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ ,. 5 am prepared to produce all the necessary documents in respect of the properties and income mentioned in the attached form before the Hoard or its nominee on being re-uired to do so and answer any -uestions that board or its nominee may put to me. =ou faithfully, ')ignature( Cull address _____________________ _____________________ _____________________ ')ignature( in Hloc@ letters Application for an award from the ompassionate !ratuity Cund '*efence )ervices( in respect of late...................... '6o, ran@ and name of the deceased( PAR3- I PAR3IC@LAR+ O* 3CE DECEA+ED '1( *ate of death and cause thereof................ '2( 2otal -ualifying service rendered............... ',( +ay last drawn +ay Rs.... lass +ay Rs.... !) +ay Rs.> Apptt +ay Rs.... 5f any <)A Rs.... 2otal& Rs.... PAR3 - II PAR3IC@LAR+ O* 3CE APPLICAN3 '.( 6ames and ages of the applicant ... '/( Relationship with the deceased ... '0( +resent residential address. ... '1( Jhether the applicant's husband7wife is alive ... 'in the case of parents( ... '8( +articulars of children 'if the applicant is a ... brother7sister of deceased, give their ... particulars( ... ____________________________________________________________________________________________________________________ R2 3#43A2A 1./ ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ +ons2#aughters +ex Age Occupation 4onthl" incoe if an" 'i( 'ii( 'iii( ';( Cull details of dependents other than in item ... ... '8( above, together with their ages, relationship ... ... and income, if any.... ... ... ... PAR3 III '1:( Rate of monthly 'i( #rd Cam. +en Rs.... U Relief Rs........... +ension 'ii( )pl Cam +en Rs .......... U Relief Rs.... '11( hildren allowance Rs.... pm '12( 2otal salary, including allowance 'if in service( Rs..... pm '1,( Amount received from or amount of 4ife 5nsurance policies, if the deceased was insured Rs. . . . '1.( Amount received from Army !roup 5nsurance *te. Rs.... '1/( Amount received on".account of *)#+ Cund in respect of #fficers and AC++ Cund in the case of personnel below officer ran@ Rs....... '10( Amount of credit balance in the 5R4A of the deceased Rs.... '11( Amount of *R !ratuity Rs.... '18( Han@ balance on the date of death of the individual 'a( in the name of the deceased Rs....... 'b( in the name of the applicant or other dependents Rs....... '1;( Assets in the shape of 6ational )avings ertificates and other !ovt. Honds or investment in )toc@s and )hares etc Rs....... '2:( *etails or relief received from any .............. 6on"contributory Cunds '21( A%tend of agricultural and landed own . . . . . . . . . . property Ancestral . . . . . . . . . '22( +articulars of house property #wn . . . . . . . . . . . . . Ancestral . . . . . . . ____________________________________________________________________________________________________________________ R2 3#43A2A 1.0 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ '2,( =early income from 21 and 22 4anded property Rs..... above separately <ouse property Rs ...... '2.( 5ncome from business, if any Rs ................ '2/( Amount of debts and other Rs ................ liabilities, if any '20( )pecial circumstance, if any in ................. support of the application Note' 5f the house is self"occupied, no income there from will be shown. DECLARA3ION A5 3CE APPLICAN3 5 declare that the answers to the -uestions in this form are true and complete to the best of my @nowledge and belief and that 5 have disclosed all my means. 5 am ............................... ')tate here the e%act relationship ......................................................................................................... 'real or step of the deceased( with the deceased. *ate................. Address ............... . . . . . . . . . . . . . . . )ignature 6ote& " Hefore signing the above *eclaration, please ma@e sure that all the -uestions have been answered correctly. 2his will save avoidable correspondence and delay in reaching a decision on the application. 2his is an official document and any person ma@ing a statement, which he or she @nows to be false, is committing a legal offence. PAR3 I6 2he facts given above by the applicant are correct. >>>>>>>>>>>>>>>>>>>>.. '2o be attested by a !aSetted #fficer 'ivil79ilitary( or *))MA Hoard. PAR3 6 RE4ARI+ O* 3CE O**ICER-IN-CCARGE RECORD+ 'in the case of personnel below officer ran@( 2he facts stated against items 1 to 11, 1, to 11 and 22 to 2. have been verified from the service records of the deceased7got verified from civil authorities and found correct. ____________________________________________________________________________________________________________________ R2 3#43A2A 1.1 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ ertified that the applications have been made by the claimant within the prescribed time limit of one year. '5f is time"barred, state reasons therefore(. #fficer"in"harge, Records +lace.................. *ate.................. APPENDI9- 6 'Referred to in regulation 111( riteria 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 or is not reasonable. 1. Refusal to undergo medical treatment or an operation may be held to be reasonable 'a( Jhen, 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( Jhere, in the opinion of the #fficer ommanding unit, to undergo the operation or the treatment prescribed is opposed to religious or caste pre$udices of valid nature and the refusal is the bona fide outcome of such pre$udices. 2. Refusal to undergo medical treatment or an operation will be treated as un"reasonableR 'a( Jhen in the opinion of the medical authorities, it is due to malingeringR or, 'b( Jhen, in the opinion of the #fficer ommanding, it is due to a desire to avoid further service or to obtain or retain a pension or to receive an enhanced pension.. ,. 5f in" the opinion of the #fficer ommanding unit, the individual has grounds not covered by the above paragraphs for refusing medical or operative treatment, the case will be referred to the area7independent sub"area commander for a decision as to whether the ob$ection is reasonable or not and his decision will be final. ____________________________________________________________________________________________________________________ R2 3#43A2A 1.8 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ NO4INA3ION *OR +PECIAL *A4IL5 PEN+ION 5, Ran@............ 6ame.......... 6o..... hereby nominate the person mentioned below who is a member of my family, to receive the special family pension which may be granted by !overnment in the event of my death. __________________________________________________________________ 6ame and address Relationship Age Jhether married of the nominee or unmarried __________________________________________________________________ 2his nomination supersedes the nomination made by me earlier. *ated this ............. day of........... 1;.. )ignature of witnesses& " '1( '2( )ignature 6o. Ran@ and Unit __________________________________________________________________ 2o be filled in and attested by 'i( 2he #. . 'if the individual is serving( 'ii( Any of the under noted responsible personsQQ 'if the nomination is made by the individual after discharge(. 6omination by.............. Ran@ M Unit............... )ignature of #..7#ther #fficers *esignation and #ffice seal *ate........... QQ 'a( )arpanch of village 'b( Any serving or retired !aSetted #fficer, civil or military including X..#. 'c( )ub +ostmaster& 'd( Lanungo or +atwariR 'e( )ub 5nspector of +olice& ____________________________________________________________________________________________________________________ R2 3#43A2A 1.; ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'f( A 9ember of a 9unicipal orporation of ommittee or \ila" +arishad7*istrict Hoard& 'g( +anchayat +resident7Iillage 9unsif7+atel7Iillage #fficer7+anchayat A%ecutive #fficerR 'h( 9ember of +arliament79ember of 4egislative Assembly79ember of 4egislative ouncilR 'i( #ath ommissioner76otary +ublicR and '$( *iplomatic or onsular Representative of !ovt. of 5ndia in cases where claimants are residing outside 5ndia. A33E+3A3ION Fertified that to the best of my @nowledge and belief the particulars given above are correct.G )ignature '6ame, *esignation and Address( )tation . . . . . . . . . . . . *ate................ ountersigned #fficer 5n"charge Record #ffice 6o.................... *ate................. NAuth& 9inistry of *efence 4etter 6o. 21:12;7127+en dated 1,71271;1,( ____________________________________________________________________________________________________________________ R2 3#43A2A 1/: ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ INDE9 A Regulation A)ar#s in respect of #eath not #ue to service A.5. /178: C Chil#ren;s allo)ance #fficers " essation of ... ;; Rates" ... ;0 HCOs2OR2NCs -E. - essation of ... 2.: onditions for grant ... 2,0 Rates ... 2,8 Coutation of pension- Officers Anticipatory7provisional pension ... ,.8 alculation of commuted value ... ,.. onditions and limit of ... ,.2 A%penses incurred in connection with ... ,.1 Jithdrawal of application for ... ,.0 Jhen becomes absolute ... ,./ ____________________________________________________________________________________________________________________ R2 3#43A2A 1/1 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Jhen permissible ... ,., Copassionate Gratuit" *un# -D+.- ompassionate gratuity fund" Appendi% 5I Jhen e%"gratia awards made .... 1:0 Constant atten#ance allo)ance #fficers" ... 0, X#s7#R76s'A( ... 18; D Defence +ecurit" Corps personnel Cormer service " counting of ... 201 Rates- hildren's allowance ... 28, onstant attendance allowance ... 281 *isability pension ... 28: Camily pension" special ... 282 )ervice gratuity ... 212 )ervice pension ... 211 Depen#ants pension-Officers Jhen admissible ... 8/ Jhen brothers and sisters pension ceases ... 1:1 Jhen parents pension ceases " ... 1:: Disabilit" Pension #fficers 'including those of the 96)( " ompulsory retirement on account of age ... /, 4ate entrants .. .; 9anifestation of disability after retirement ... /. ____________________________________________________________________________________________________________________ R2 3#43A2A 1/2 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 6egligence or misconduct ... /1 +eriod for which granted ... 0: Ran@ for assessment of service element ... /; Rate ... 0: Reduction or removal of disability ... /0 Refusal to undergo treatment ... /2 )ervice -ualifying for pension ... /8 Ioluntary retirement ... /: Jhen admissible ... .8 HCOs2OR2NCs-E. essation of >180 onditions for the grant of > 11, 9anifestation of disability after discharge from service ... 118 +eriod of grant ... 18/ Ran@ for assessment of ... 18: M 182 Rates ... 18, Reassessment of >181 M 188 Reduction of"in cases of negligence and misconduct ... 11/ Reduction of"Jhen compensation is paid from public revenues ... 110 Recruits and =oung )oldiers ... 181 *ismissal from service"effect of pension X#s7#R76s'A( ... 11, #fficers ... 10 E Aducation allowance "children of officers 'obsolete( ____________________________________________________________________________________________________________________ R2 3#43A2A 1/, ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ A%"gratia awards to other relatives ... 211 * *ail" pension- Officers - annot be claimed as a right ... 82 essation of widow's pension >;8 *ivision of pension ... ;1 6egligence or misconduct ... 8, #fficers suffering from 2.H. but retained in service ... ;. #rdinary rates"when admissible A5 /178: +romoted from ran@s A5 /178: Ran& for assessent of pension Rates- #rdinary ... ;0 )pecial ... ;/ Reduction when another pension is granted ... ;1 Restoration of pension on second widowhood > 1:2 )epratation of widow from her husband .. ;: )ervice in aid of civil power >8. )pecial rates"when admissible .. 8/ Jidow who dies before establishing her claim A5 /178: HCOs2OR2NCs-E. - essation of ... 2,1 ivil power"service rendered in aid of ... 21. onditions of eligibility ... 22: ____________________________________________________________________________________________________________________ R2 3#43A2A 1/. ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ ontinuance of ... 2,: *ate from which granted ... 221 *ivision of pension ... 228 Aligible members of a family ... 210 Cor whom intended ... 21/ 5ndividuals in !ovt. employment ... 222 5ndividual in receipt of another pension ... 222 6omination of heir for ... 218 #rdinary family pension"when admissible ... 212 Ran@ for assessment of pension ... 22, to 22/ Rates"ordinary family pension ... 220 Rates"special family pension ... 221 )pecial family pension"when admissible ... 21, Regulation 2ransfer of pension ... 22; G Gratuit"-Officers an# their failies Officers other than those of the 4N+ - Camily gratuity for the widow ... 1:. Retiring gratuity"rate of ... ,2 Retiring gratuity"-ualifying service for ... 21 Officers of the 4N+ - Retiring gratuity"rate of ... ., Retiring gratuity"-ualifying service for ... ,8 Gratuit" -HCOs2OR2NCs-E. an# their failies ____________________________________________________________________________________________________________________ R2 3#43A2A 1// ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Camily gratuity ... 2,2 5nvalidment from service with attributable disability assessed at less than 2:D ... 108 5ndividuals remustered from higher to lower group ... 1.2 +ervice gratuit" 9inimum -ualifying service re-uired"ombatants ... 1,; 9inimum -ualifying service re-uired"6s'A( ... 1.1 +ay for assessment of"ombatants ... 1.1 +ay for assessment of"6s'A( ... 1.; )cale of"ombatants ... 1.: )cale of 6s'A( ... 1.8 Jhen admissible"ombatants ... 1.: Jhen admissible" 6s'A( ...1.8 +pecial gratuit" +ay for assessment of >100 Ran@ for assessment of ... 10/ )cale of ... 101 Jhen admissible ... 10. I 5nvalid pension M gratuity ... 1;0 5nterpretation on rules >2 5nvalidation on account of leprosy ...110 5nvalidation on account of indulgence in drugs or drin@ >111 ____________________________________________________________________________________________________________________ R2 3#43A2A 1/0 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ L 4ate entrants"*efinition of ... 1/ Assessment of disability pension ... .; Assessment of retiring pension"#fficers other then those of the 96) ... ,1 Assessment of retiring pension"#fficers of the 96) ... .2 P Pension - Cull rate not invariably admissible ... , !rant sub$ect to future good conduct ... . 5ndividuals who aggravate or retard the cure of disability ..118 #fficers adets drawn from ran@s ... 11. #nly one pension admissible >11/ +ersonnel in civil !ovt. employment ...0 Jhen nationality is changed .... 8 Jithholding of >/ Pensioners- onvicted of crime or guilty of misconduct ... 11; Amployed in a civil capacity ...1 Amployment under a !overnment outside 5ndia or commercial employment ... 18 Aligibility for family pension ... 222 Re"employment in *efence )ervices in an emergency ...12: Re"employment in *efence )ervices otherwise than in an emergency ... 121 ____________________________________________________________________________________________________________________ R2 3#43A2A 1/1 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ R Ran& for assessent of pension- Officers - Camily pension ... ;, Camily pension"#fficers suffering from 2H but retained in service ... ;. Retiring pension"#fficers other than those of the 96) ... 28 Retiring pension"officers of the 96) ... ,; )ervice element of disability pension ... /; HCOs2OR2NCs-E. - *isability pension ... 18: Camily pension and gratuity ... 22, )ervice pension " combatants, ... 1,, )pecial pension ...10/ Re-eplo"ent of HCOs2OR2NCs-E. in Defence +ervices- 5n an emergency > 12: #therwise than in an emergency ... 121 Rates Officers " hildren's allowance"rates ... ;0 onstant attendance allowance " ... 0, *ependants pension ... ;/ *isability pension ... 0: Aducation allowance ... #bsolete Rtd officer re"employed in an emergency and officer so recalled ... 11 Camily gratuity ... 1:. Camily pension""ordinary rates ... ;0 ____________________________________________________________________________________________________________________ R2 3#43A2A 1/8 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Camily pension"special rates ... ;/ Retiring gratuity"officers other than those of the 96) ... ,2 Retiring gratuity"officers of the 96) ... ., Retiring pension"officers other than those of 96) ... 2; Retiring pension"#fficers of the 96) ... .: HCOs2OR2NCs-E. - hildren's allowance ... 2,8 M 2,; ompassionate allowance ... 2// onstant attendance allowance ... 18; *isability pension ...18, M 18,"A Camily gratuity ... 2,2 Camily pension"ordinary > 220 Camily pension"special ... 221 Reservist +ension" ... 1// )ervice gratuity"ombatants ... 1.: )ervice gratuity"6s'A( ... 1.8 )ervice pension"ombatants ... 1,0 )ervice pension "6s'A( ... 1.0 Reservists Pension +remature transfer to the reserve ... 1/1 Rates ... 1/0 2ime spent outside 5ndia ... 1/. 2hose in receipt of service pension ... 1/, ____________________________________________________________________________________________________________________ R2 3#43A2A 1/; ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Jhen admissible ... 1// Retiring pension #fficers 'other than those of the 96)( 4ate entrants ... ,1 9inimum service re-uired ... 2/ Ran@ of pension ... 28 )ervice -ualifying for pension ... 20 Rates ... 2; Jhen admissible ... 22 4N+ Officers- 4ate entrants ... .2 9inimum service re-uired ... ,0 Ran@ for pension ... ,; )ervice -ualifying for pension ... ,1 Rates ... .: Jhen admissible ... 22 Rules - hanging of ... 2 5nterpretation of ... 2 + +ervice - Regulation Officers other than those of the 4N+ 9inimum re-uired for pension ... 2/ Lualifying for gratuity ... 21 Lualifying for pension ... 20 HCOs2OR2NCs-E. - ondonation of deficiency ... 12/ Corfeiture of"for certain offences ... 11, Cormer"counting of ... 120 Lualifying for pension and gratuity ...122 Rendered in aid of civil power"title to disability pension >11. ____________________________________________________________________________________________________________________ R2 3#43A2A 10: ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Rendered in aid of civil power"title to family pensionary awards ... 21. Restoration of ... 12, Officers of the 4N+ 9inimum re-uired for pension ... ,0 Lualifying for gratuity ... ,8 Lualifying for pension ... ,1 +ervice pension HCOs an# OR *eficiency in length of service" condonation of ... 12/ *eficiency of service in a particular ran@" condonation of. >1,. <onorary ran@ 6aib )ubedar"addition for ... 1,1 5ndividuals transferred to the Reserve ... 1,8 9inimum service re-uired ... 1,2 Ran@ and group for pension ... 1,, Rates ... 1,0 Remustering from higher to lower group ... 1,/ NCs-E. - 9inimum service re-uired ... 1./ Rates ... 1.0 Reservists - 5n receipt of service pension ... 1/, 5nvalidment cases ... 1/8 +remature transfer to reserve ... 1/1 Rates ... 1/0 2ime spent outside 5ndia ... 1/. ____________________________________________________________________________________________________________________ R2 3#43A2A 101 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Jhen admissible ... 1// +pecial pension- 5nvalidment cases"attributable"less than 2:D ... 108 Ran@ for pension ... 10/ Rate of pension ... 101 Jhen admissible ... 10. )econd life pension ... 22: Regulation ,+tan#ar#/ rate of retiring pension #fficers other than those of the 96) ... 2; #fficers of the 96) ... .: 3 3erritorial Ar" - ommissioned officers hildren's allowance"condition for the grant of ... ,:, onstant attendance allowance ... ,:; Disabilit" pension essation of ... ,:1 onditions for the grant of ... ,:, 8, ,:. Ran@ for assessment of ... ,:0 Rates of ... ,:/ Jhen disability manifests itself after retirement ... ,:8 *ail" pension onditions for the grant of ... ,:, ____________________________________________________________________________________________________________________ R2 3#43A2A 102 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Ran@ for ... ,12 Rates of ... ,11 Jhen admissible ... ,1: 3erinal gratuit" onditions for the grant of ... 2;0 Rate of ... 2;1 HCOs2OR2NCs -E. onstant attendance allowance ... ,,1 Disabilit" pension essation of ... ,2; onditions for the grant of ... ,2/ M ,20 Ran@ for ... ,28 Rate of ... ,21 Jhen disability manifest itself after retirement ... ,,: *ail" pension ondition for the grant of Ran@ for ... ,,. Rates of ... ,,, Jhen admissible ... ,,2 3erinal gratuit" onditions for the grant of ... ,18 Rate of ... ,1; __________________________________________________________________ BA3 A GLANCE ____________________________________________________________________________________________________________________ R2 3#43A2A 10, ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Jhat is +ension^ *ictionary meaning of pension is payment made by the !ovt. or former employer to a person, no longer employed. 1.1 Courth +ay ommission has defined pension as ?A pension is a series of periodic payment to a person, usually payable monthly, for life for past services of himself or anotherB. 1.2 P@RPO+E O* PEN+ION-Hasic purpose of scheme of pension is to give employees and through them, their families, the confidence that they will not be left in poverty when the bread winner retires from service or is incapacitated or dies and the )tate will help them to maintain a level of living which is not far below the level to whom they had accustomed. ,. AI4 O* PEN+ION-Aim of the pension is both social as well economic. .. *OR4+ O* PEN+ION-+ension may be in the form of 'a( 9onthly recurring payment called pension #r 'b( #ne time lump sum called gratuity #r both /. *AC3OR GO6ERNING PEN+ION" +ensionary entitlements is computed on the basis of" 'a( Rec@onable emoluments. 'b( 4ength of service. 'c( Ran@. Q 2hese short notes are purely and totally for understanding the"provisions of +ension Regulations +art 5 and, therefore, e%aminees are AU25#6A* not to -uote any authority from these notes unless specific authority is mentioned. PEN+ION +ANC3IONING A@3CORI3IE+ 1.1 2he *efence Accounts *epartmentE has been authorised to sanction pensionary awards and other terminal benefits in respect of 'a( ommissioned #fficers and their families of Armed Corces. 'b( +ersonnel below officer ran@ of Armed forces. 'c( *efence civilians, *A*, !RAC and oast !uard employees and their families. 1.2 2he hief *A '+ensions( Allahabad sanctions all pensionary awards in respect of the following categories of officers and personnel below officer ran@ &" 'a( #fficers and +ersonnel of Armed Corces e%cept in the case of 6aval and Air Corce #fficers and personnel below officers ran@ who retire7die while in service on or after 1"11"8/. 'b( *efence ivilians of *efence Cactories, Army, 6avy M Air Corce Unit7Astablishments, *A*, !RAC M oast !uards. 1., 2he *A '6avy( Hombay sanctions pensionary awards in respect of 6aval #fficers and )ailors who became non effective on or after 1"11"8/. ____________________________________________________________________________________________________________________ R2 3#43A2A 10. ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 1.. 2he *A 'Air Corce( 6ew *elhi is authorised to sanction pensionary awards in respect of AC, ommissioned #fficers and Airmen who became non effective on or after 1"11"8/. 1./ 2he service gratuity and family gratuity in respect of personnel below officers ran@ is sanctioned by respective +A#s. 1.0 2he family pensionary awards and reassessment of *isability +ension in respect of 6aval and Air Corce #fficers and +ersonnel below officerBs ran@ that became non effective prior to 1"11"8/ continue to be sanctioned by *A '+(. 2he *A'+( also ad$udicate the entitlement for special family pension, disability pension, disability element, reassessment of disability pension in respect of 6aval and Air Corce #fficers and +ersonnel who became non effective on or after 1"11" 8/, but award is notified in ++#s by *A '6avy or AC( as the case may be. DI**EREN3 35PE O* PEN+IONAR5 A7ARD+ AD4I++IALE 3O AR4ED *ORCE+ O**ICER+ AND PER+ONNEL AELO7 O**ICER RANI 1.1 2he different type of pensionary awards i.e. admissible to Armed Corces officers and personnel below officer ran@ are" 'a( Retiring pension and Retiring gratuity. 'b( )erve pension and )ervice gratuity. 'c( )pecial pension and special gratuity. 'd( Reservist pension and terminal gratuity. 'e( 5nvalid pension and invalid gratuity. 'f( *isability pension. 'g( onstant Attendance allowance. 'h( #rdinary family pension. 'i( )pecial family pension. '$( 4iberalised pensionary awards7special family pension. '@( Camily !ratuity. '1( A%"gratia Awards in Clying Accidents. 'm( Retirement !ratuity. 'n( *eath !ratuity. 2. #rdinary Camily +ension to families of Armed Corces is granted at the same rate and under the same conditions as in the case of civilians in whose case the awards is @nown as family pension. ,. Retiring +ension and Retiring !ratuity of ommissioned #fficers 'Regular( including 9ilitary 6ursing )ervice and 2erritorial Army. $%> Retiring Pension' ____________________________________________________________________________________________________________________ R2 3#43A2A 10/ ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 2he minimum period of -ualifying service 'without weightage( actually rendered and re-uired for earning retiring pension is 2: years '1/ years in the case of late entrants(. 2he amount of retiring pension is calculated with reference to actual -ualifying service rendered by the officer plus a weightage 'in years.( appropriate to the ran@ held sub$ect to the total -ualifying service including weightage not e%ceeding ,, years. Jeightage for the purpose of calculation of pension of commissioned officers is as under& Ran& 7eightage 2 4t., 4t., apt., ; years. 9a$or 8 years 4t. ol. '2)(, Hrig. / years 4t. ol. ')(, ol. 1 years 9a$. !en., 4t. !en., Army ommander, I#As, #As. , years. 4ILI3AR5 N@R+ING +ER6ICE' aptain 1 years. 9a$or 0 years 4ieutenant ol. Hrig., / years 9a$. !en. , years. ,.1.2"2he emoluments for the purpose of calculation of retiring pension rec@on average of the pay, 6+A and ran@ pay, if any, drawn during the last 1: months of his service. ,.1.,"2he amount of the retiring pension for ,, years of -ualifying service is calculated at /: D of the average of emoluments rec@onable for pension, sub$ect to a ma%imum of Rs../::7" per month and for lesser period rec@onable -ualifying service it is proportionately reduced.. 5f the amount of pension so determined is less than Rs.,1/7", it is stepped up to Rs.,1/7" per month. $%>%0 Rec&oning of !ualif"ing +ervice -+alient features on Revise# or#ers on Pension. 1. 2he concept of !rant of +ension for ,, years of service stands introduced for the first time. 2. Jith the changed concept, care has also been ta@en to add ran@ wise weightage in years to the service. )uch a computation shall at no stage e%ceed ,, years. ,. 2he above weightage shall not be rec@oned for determining the minimum -ualifying service of 2: years and 1/ years for late entrant for admissibility of Retiring7)ervice +ension of officers. ____________________________________________________________________________________________________________________ R2 3#43A2A 100 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ .. 5n calculating the length of -ualifying service, fraction of a year e-ual to three months and above but less than 0 months shall be treated as a completed one half year and rec@oned as -ualifying service. /. Cull pre"commissioned service rendered under the entral !overnment or in the Armed Corces shall be ta@en into account for wor@ing out the -ualifying service for earning pensionary benefit sub$ect to fulfillment of other conditions. $%>%1 Cases in )hich )eightage )ill not be a#issible% 1. 2here will be no weightage for officers of the 2erritorial Army. 2. 2here will be no weightage for officers who retire prematurely for permanent absorption in +ublic )ector Underta@ings and Autonomous' Hodies. $%>%= Calculation of Retiring Pension Retiring pension in respect of the commissioned officers including 96) and 2A officers, shall be calculated at /:D of the average of emoluments as defined in 1..2 above. 2he amount so determined shall be sub$ect to a ma%imum of Rs. ./::7" p.m. and shall be the retiring pension for ,, years of -ualifying service. Cor lesser years of -ualifying r service, this amount shall be proportionately reduced. $%>%M Overri#ing Con#ition 2he retiring pension of an officer of the ran@ of 4t. ol. '2)(, Hrigadier or 9a$or !eneral shall not be less than the pension which would have been admissible to him as 9a$or, ol. or Hrigadier as the case may be, had he not been promoted to the higher ran@. $%>D 4anner of Calculating Average Eoluents ,ILL@+3RA3ION/ Ran@ olonel *ate of Retirement ,1st #ct 1;;,. 6ormal *ate of 5ncrement 5st April 1;;, 'for determining the average emoluments the pay drawn during the last ten months of his service should be added and the total of the amount is to be divided by 2en( Pa" #ra)n as on( Aasic Pa" K Ran& Pa" Xanuary 1;;, ./:: U 1::: Cebruary 1;;, ./:: U 1::: 9arch 1;;, ./:: U 1::: April 1;;, '5ncrement( .0/: U 1::: 9ay 1;;, .0/: U 1::: Xune 1;;, .0/: U 1::: Xuly 1;;, .0/: U 1::: August 1;;, .0/: U 1::: )eptember 1;;, .0/: U 1::: #ctober 1;;, .0/: U 1::: __________________________________ ____________________________________________________________________________________________________________________ R2 3#43A2A 101 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ +u 3otal 0=(F1F K >F(FFF JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ _ Rs. /0,:/: Average Amoluments _ /0,:/: 71: _ /,0:/7" Calculation of Pension *ate of Retirement ,1st #ctober 1;;, Actual Lualifying )ervice 20 years Add Jeightage 1 yrs. 2otal & Lualifying )ervice ,, years Average Amoluments& Rs. /,0:/7" +ension admissible is /:D of the average emoluments i.e. Rs. 2,8:2./: Rounded off to the ne%t higher rupee Rs. 2,8:,.:: 2a@ing the above case and assuming the -ualifying service even after adding the weightage wor@s out to ,1 years, the proportionate pension admissible will be calculated as under& )ince the pension admissible for the ,, years -ualifying service is Rs. 2,8:2./:, the proportionate pension admissible for ,1years will be& 28:2./: T ,17,, Rs. 2,0,2.0/ Rounded off to the ne%t higher rupee _ Rs. 2,0,,7" $%?-RE3IRING GRA3@I35 2he minimum period of -ualifying service actually rendered and re-uired to earn retiring gratuity is ten years. Retiring !ratuity is payable only when one has not rendered the minimum #) for earning retiring pension. 5n case of resignation on marriage by 96) #fficers, the minimum L) re-uired for earning retiring gratuity is / years. 2he Retiring !ratuity is admissible at the uniform rate of half month's emoluments for each completed si% monthly period of L). 2he emoluments rec@on pay U 6+A and ran@ pay, if any, last drawn by the officer. 0% +ervice Pension an# +ervice Gratuit" 3o HCOs2ORs2NCsE of Ar" D+C an# 3A% 0%> +ervice Pension' 2he minimum period of #) 'without weightage( actually rendered and re-uired for earning service pension is 1/ years in the case of X#s7#Rs and 2: years in the case of 6sA. *eficiencies in service for eligibility to service pension may, however, be condoned by competent authority upto si% months in each case, provided the individual's discharge is not at his re-uest and individual is not entitled for special pension or special gratuity or invalided out of service. ____________________________________________________________________________________________________________________ R2 3#43A2A 108 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ )ervice +ension is assessed on the basis of ran@ actually held in a substantive or paid acting capacity and lowest group for which paid, during the last 1: months of his service -ualifying pension. <owever a competent authority may condone deficiency in service in a particular ran@ not e%ceeding , months e%cept on voluntary discharge. )ervice pension for ,, years -ualifying service 'actual -ualifying service plus a uniform weightage of / years sub$ect to the total -ualifying service including weightage not e%ceeding ,, years( is calculated at /:D of the emoluments rec@onable for service pension sub$ect to ma%imum of ./::7" +9 and for lesser period of service this amount is reduced proportionately. 2he amount of pension, however, shall not be less than Rs.,1/7"+9. 2he rec@onable emoluments means ma%imum pay of the scale including /:D, of the highest classification pay, if any, of the ran@ held and group in which paid for at least 1: months at the time of discharge. 2he standard rate of service pension in respect of personnel below officer ran@ discharged on or after 11"80 are contained in Anne%ure to 9* 6o 1'/( 817* '+ension")ervices( dated ,:71:781. 0%? +ER6ICE GRA3@I35' 2he minimum period of -ualifying service actually rendered and re-uired for service gratuity is / years. 2he service gratuity to personnel below officer ran@ is at a uniform rate of half months rec@onable emoluments for each completed si% monthly period of L). 2he rec@onable emoluments for service gratuity is pay including classification pay, if any, last drawn by the individual. 1% +pecial Pension an# +pecial Gratuit"' /.1 A special pension and gratuity is granted at the discretion of +resident to personnel below officer ran@, who are not transferred to the reserve but are discharged in large number in pursuance of !ovt. policy of" 'a( reducing the strength of establishment of the army or 'b( re"organisation, which results in disbandment of any Unit7Cormation. 1%? Rates of special pension an# gratuit"' A- Cobatant% __________________________________________________________________ ___________ -a. +pecial Pension 'i( 1/ years or more A-ual to normal service pension. 'ii( 1: years or more but less than A-ual to service pension as 1/ years determined vide ..1 above. -b. +pecial Gratuit" 'i( / years or more but less than A-ual to 1Z month's emoluments for each 1: years. completed year of L). ____________________________________________________________________________________________________________________ R2 3#43A2A 10; ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'ii( 4ess than / years A-ual to , month's rec@onable emoluments. __________________________________________________________________ ___________ A-Non Cobatants -Enrolle#. __________________________________________________________________ ___________ -a. +pecial Pension- 'i( 2: years or more A-ual to normal service pension. 'ii( 1/ years or more but less than A-ual the service pension as 2: years determined vide ..1 above. -b. +pecial Gratuit"- 'i( / years or more but less than A-ual to 1Z months emoluments for each 1/ years completed year of L). 'ii( 4ess than / years A-ual to , months rec@onable emoluments. __________________________________________________________________ ___________ =% RE+ER6I+3+ PEN+ION AND RE+ER6I+3+ GRA3@I35' 0.1 RE+ER6I+3+ PEN+ION' An other ran@ reservist or an e-uivalent of 6avy and Air Corce who is not in receipt of service pension is granted on completion of prescribed combined colour and reserve L), if not less than 1/ years, a reservist pension e-ual to 27,rd of lowest service pension admissible to a sepoy or an e-uivalent ran@ in other services, but in no case less than Rs.,1/7" +9. 0.2 3ER4INAL GRA3@I35' A terminal gratuity is payable to reservists if he is discharged from reserve but has rendered -ualifying colour and reserve service less than 1/ years. 2he scale of terminal gratuity is the same as for service gratuity. M% IN6ALID PEN+ION AND IN6ALID GRA3@I35' 1.1 Invali# Pension-#fficer and personnel below officer ran@ who are invalided out on account of causes neither attributable to nor aggravated by service and also to those who has been invalided out of service on account of disability which is attributable to or aggravated by military service but disability is assessed less than 2:D are granted 5nvalid pension or gratuity as under& 'a( 5nvalid pension if the service is 1: years or more. 'b( 5nvalid !ratuity if service is less than 1: years. 4ow medical category individual who is discharged7retired from service for lac@ of alternative employments is also entitled for invalid pension7gratuity. M%? Rate of Invali# Pension an# Invali# Gratuit"% ____________________________________________________________________________________________________________________ R2 3#43A2A 11: ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Invali# Pension% 'a( An amount e-ual to service element of disability pension that would have been admissible in case the causes were attributable to or aggravated by service. 'b( 5nvalid !ratuity. At the rate of half a months emoluments for each completed si% monthly period of -ualifying service. D% DI+AAILI35 PEN+ION' 8.1 *isability pension is granted to officers and personnel below officer ran@ who are invalided out of service on account of causes which are accepted as attributable to or aggravated by service, irrespective of their length of service and provided that degree of disablement is assessed at 2:D or more. 2he disability pension consists of two elements. 'i( )ervice element which depends on the length of L) and ran@ 'ii( disability element which depends on percentage of disablement in the case of officers and also ran@ in the case of personnel below officer ran@. 5n case disability falls below 2:D after grant of disability pension, the service element of disability pension is permanent. 8.2 *isability element of pension is also granted in addition to 'the retiring7service pension to officers, +ersonnel below officer ran@ who may not be invalided out but may be retired7released7discharged in the normal manner, if they are found suffering from disability attributable to or aggravated by military, service at the time of such retirement7discharge. 5f an individual see@s retirement7discharge at his own re-uest 'e%cept in case an individual retires voluntarily within ,: days of the date of his normal retirement to avail himself better commutation value of his commuted portion of pension( he will not be eligible for any disability pensionery benefits. 8., Ran@ for assesment of )ervice Alement of *isability +ension. 2he ran@ for the purpose of assessment of service or disability pension shall be the substantive ran@ or higher paid acting ran@, ' if any, held by the individual on any of the following dates which ever is most favourable&" 'a( the date of invaliding from serviceR or 'b( the date on which he sustained wound or in$ury or was first removed from duty on account of a disease causing his disablementR or 'c( if he rendered further service, during and as a result of such service suffered aggravation of disability, the date of later removal from duty on account of disability. -Auth"-Regn% >DF PR Pt-I. Note ' 5n the case of an individual who on account of misconduct or inefficiency is reverted to a lower ran@ subse-uent to the date on which the wound ____________________________________________________________________________________________________________________ R2 3#43A2A 111 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ or in$ury was sustained or disability contracted, the ran@ for assessment of service and disability element of disability pension shall be the ran@ held on the date of invaliding from service. 'Auth"orr. 6o. 2/70, to A5 17)7/,( Exaple'-'1( <av Ram )ingh invalided out of service on ,17878/. <e contracted 5* on 1/7178:, at the time he was 63. <is )A *A will be assessed on ran@ of <av. '2( )hyam )ingh a 63 wef ,:7078:, received wound on ,:7/781. was reverted to the ran@ of sepoy on 1078782 and was invaldided out of service on ,:7;782, his )A U *A will be assessed on the ran@ of )epoy only. 8... 2he entitlement to disability pension in respect of officers is determined by 9in. of *efence and in the case of personnel below officer ran@ by *A '+( )ervicemen have a right to appeal against the adverse decision of the !ovt.7*A'+( regarding entitlement within 0 months of the date of communication of such decision. CO4PEN+A3ION IN LIE@ O* DI+AAILI35 ELE4EN3+' 8.0 5n case a person belonging to Armed Corces is found to have a disability which is 'i( accepted by the competent authority as attributable to aggravated by service factors and 'ii( assessed at 2:D or more for life but the individual is retained in service, despite such disability, he is paid compensation in lieu of disability element. 2he ran@ for disability elements is the ran@ held at the time of onset of the disability and age ne%t birth day is rec@oned with reference to the date of onset of disability with loading to age, if any, recommended by the medical board. #nce compensation is paid, there shall not be any claim for disability element or that disability. NA@3C'-+ara 1... of 9#* letter 6o. 1'/(7817* '+ensions"services( dated ,:71:781O D%M%> Rate of service eleent' 'a( 5n the case of commissioned officers the rate of service element of disability pension shall be e-ual for the retiring pension. 'b( 5n the case of personnel below officers ran@& 'i( Jhere individual has rendered sufficient service to earn a service pension i.e. actual service is 1/ years or more 2: years in the case of 6sA, the service element is e-ual to the service pension. 'ii( Jhere the individual has not rendered sufficient service to -ualify for a service pension, the service element is e-ual to service pension as determined in para ..1 above. D%M%?% Rate of Disabilit" Eleent' 2he rate of disability element for 1::D disability is as under& 'a( #fficers and <on ommissioned #fficers. Rs.1/:7" 'b( X#s. Rs.//:7" ____________________________________________________________________________________________________________________ R2 3#43A2A 112 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'c( #Rs M 6sA. Rs../:7" Cor disability less than 1::D but not less than 2:D the above rates are proportionately reduced. E% CON+3AN3 A33ENDANCE ALLO7ANCE' A constant attendance allowance at the rate of Rs.,::7" +9 is granted to an individual who is awarded a disability pension for 1::D disability, if in the opinion of the individual or a re" survey medical boardR he7she needs the services of a constant attendant for at least a period of , months. ORDINAR5 *A4IL5 PEN+ION 1. 3o )ho applicable% Camilies of armed Corces +ersonnel e%cept. 'a( 6 Au%iliary adet orps and 4o@ )ahaya@ sena. 'b( 2A +ersonnel e%cept when they die while rendering 9ilitary service. 'c( +ersons who are e%ecuted on, being convicted of death sentence by court. 2. 7hen a#issible' Jhen an individual flies on account of causes which are neither attributable to nor aggravated by 9ilitary service. 'i( either while in service provided he had been found fit after successful completion of the re-uisite training and medical e%amination for commission or at the time of enrolment in the case of personnel below officer ran@. 'ii( or after retirement7discharge from services and was on the date of death in receipt of or eligible for retiring7special7reservist7disability7invalid7war in$ury pension. 'iii( *eath due to sucide does not dis-ualify the heir from ordinary family pension. $% Rates of or#inar" fail" pension' 2he rates of ordinary family pension in respect of personnel other than reservists are as follows& Rec&onable eoluents Rates per onth 'i( 'i( 6ot e%ceeding Rs. 1/::7" +9 ,:D of rec@onable emoluments sub$ect to a minimum of Rs. ,1/7" 'ii( 'ii( A%ceeding Rs. 1/::7" +9 but not e%ceeding Rs. ,:::7" +9 2:D of rec@onable emoluments sub$ect to minimum of Rs. ./:7" 'iii( 'iii( A%ceeding Rs. ,:::7" +9 1/D of rec@onable emoluments sub$ect to a minimum of Rs. 0::7"and a ma%imum, of Rs. 12/:7" NAuth&"+ara 1,'.( of 9#* letter dated ,:71:781O ____________________________________________________________________________________________________________________ R2 3#43A2A 11, ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 5n the case of reservist, the ordinary family Kpension will be at the above rates where the individual dies in reservice after earning a service pension for colour service. Jhere the individual was in receipt of reservist pension, the amount of pension should not e%ceed 27,rd of reservist pension sub$ect to minimum of Rs. ,1/7 0%> Enhance# rate of or#inar" fail" pension 'i( Jhen individuals die while in service after having rendered not less than 1 years continuous -ualifying service or who die after retirement7invalidment with a pension ordinary family pension will be granted at an enhanced rate e-ual to /:D of the rec@onable emoluments last drawn or twice the ordinary family pension admissible vide para , above whichever is less, for a period of 1 years from the date following the death of individual or upto the date on which the deceased would have completed the age of 0/ years whichever is earlier. 5n case death ta@es place after release7retirement7discharge7invalidment the amount of ordinary family pension shall not e%ceed the amount of pension authorised to deceased. Jhere, however the amount of such pension is less than the amount mentioned in para ,, the amount of ordinary pension cinder para , will be admissible. NAuth&"+ara 1,'b( of 9#* letter dated ,:71:781O NO3E ' 'i( +ension granted on retirement includes commuted portion of pension also. 'ii( +eriod under suspension and service rendered before attaining the age of 10 years '11 years to those enrolled prior to 1.,.8.( will not be included in computing 1 years continuous service. ..2 After e%piry of the period mentioned in para ..1 the family pension will be payable at ordinary rates mentioned in para , above. ., 6ot reduction in ordinary family pension will be made. 'i( even if a cut was imposed in the pension of the deceased and 'ii( where any compensation is payable from public revenues for death of the individual. /. Roun#ing off the aount of or#inar" fail" pension% 5t will be rounded off to the ne%t higher rupee. 5n the case of enhanced pension, the rounding off will be done only at the final stage. 0. Eligible ebers for or#inar" fail" pension% 'i( Jife, in the case of male Army personnel, or husband in the case of female. 'ii( A $udicially separated wife or husband provided the surviving spouse was not held guilty of committing adultery. 5f the deceased has left an eligible child also, the family pension will be payable to spouse as guardian. 5n case the spouse ceases to be guardian, the pension will be payable to eligible child. Jhere a member of family is charged with offence of murdering or abating in the ____________________________________________________________________________________________________________________ R2 3#43A2A 11. ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ commission of such an offence, the grant of family pension will be suspended. 5f the charge is proved such heir will be debarred from the pension. 'iii( )ons7unmarried daughters including those adopted legally before release7retirement7discharge7invalidment. 5t includes posthumous child as well as step child. M% Perio# for )hich or#inar" fail" pension is pa"able% 'i( 5n the case of widow or a widower, upto the date of death or remarriage whichever is earlier. 'ii( 5n the case of a son, until he attains the age of 2/ years and 'iii( 5n the case of an unmarried daughter, until she attains the age of 2/ years or until she gets married. 1.2 2he declaration of widowhood by the widows will be submitted once at the time of drawal of 5st pension. 5n the case of widower and unmarried daughters it will be submitted half yearly in the month of 9ay and 6ovember. 1., <owever, in case the eligible child is physically or mentally handicapped and in unable to earn a livelihood the family pension would be admissible for life to such a child. NAuth&"+ara 1,'d( of 9#* letter 6o. 1'/(7817*7+en"ser dated ,:71:71;81O 1.. 5n the case of menially handicapped child the payment will be made through guardian and in other cases to the son7daughter, if they have attained ma$ority. 2he certificate of mental unifitness to be obtained from a doctor not below the ran@ of civil surgeon, will be submitted by the guardian in every three year. 5n other cases the certificate will be submitted by the guardian or the son7daughter himself in each month that he7she has not started earning or in the case of daughter she has not married. 8. Revision of or#inar" fail" pension #rdinary Camily +ension is payable to only one heir at a time. <owever 'a( where the deceased is survived by more than one widow, it will be e-ually granted to the surviving widows 'b( where one of the widows dies during the life time of the deceased and leaves eligible child, her share will be granted to her child7children. Jhere the family pension ceases to the surviving child7children at that share will be passed on to the surviving widow or eligible child in receipt of family pension. 1:. Grant of Or#inar" *ail" Pension( if both )ife an# husban# are Govt% eplo"ees% It is pa"able' 'i( )pouse in addition to pension or pay as the case may be. 'ii( 5n the event of death of both the parents, the eligible heir will be entitled to family pension for both the parents provided the ordinary7enhanced amount for both the persons does not e%ceed Rs. 12/:7" +9 and Rs. 2/::7" +9 respectively. 11. Entitleent of or#inar" fail" pension for 4ilitar" pensioners in civil service 'i( 5f he dies while holding a civil post in a temporary capacity, his family may opt for pension under 9ilitary Rules or civil rules. ____________________________________________________________________________________________________________________ R2 3#43A2A 11/ ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'ii( 5f he retires from civil service without holding permanent post in a substantive capacity, only family pension under Army rules is payable. 'iii( if on confirmation in civil post he opts to retain his 9ilitary pension, the family pension under civil79ily. rules is permissible, as per his option within the stipulated period. 5n the absence of such option, family pension under 9ilitary rules is permissible. N2hese orders are however under revision for giving option to the widows for opting the beneficial rates.O >F% +PECIAL *A4IL5 PEN+IONAR5 A7ARD+' 1:.1 2hese arc admissible in the case of officers and personnel below officer ran@ who die on account of causes which are accepted as attributable to or aggravated by service, irrespective of the length of service on the date of death. 2hese awards consist of special family pension, payable to widow only, in the case of officers and to the eligible member of the family in the case of personnel below officer ran@. 5n addition a lump sum death gratuity and family gratuity 'if death occurs in action or in certain other specified circumstances(. 1:.2 5f an officer, leaves more than one widow, who are eligible for special family pension, the awards may be divided amongst them by !overnment. 5n case a deceased officer does not leave behind a widow eligible for special family pension to eligible child7children is granted at the same rates as would have been admissible to the widow, if she were alive and eligible. 5n case a deceased officer does not leave behind a widow or a child eligible for family pension, dependant pension will be payable to his parents at /:D of the rate laid down for the widow. 5f an officer retires voluntarily at his own re-uest and dies after such retirement special family pensionary awards are not admissible to the family. 5n the case of single officer, a dependant's pension may be entitled to his parents and in their absence to his brothers and sisters, sub$ect to dependency at the scale of /:D of special, family admissible to the child less widow. 5n the case of personnel below officer ran@, if the )pecial Camily pension was sanctioned to the widow initially, on her death or dis-ualification, )pecial Camily +ension is continued to the father or mother W /:D of rate of pension for childless widow. 5f parents are not surviving eligible dependant brother sisters may claim dependant pension. 5n case special family pension was initially granted to father or mother, on his7her death or dis-ualification special family pension is transferred to widow. RA3E+ O* +PECIAL *A4IL5 PEN+ION' 1:., 2he rates of special family pension inclusive of children allowance and children education allowance is as under ____________________________________________________________________________________________________________________ R2 3#43A2A 110 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ __________________________________________________________________ ___________ Rec&onable Rate of +pecial eoluents *ail" Pension P4% 'a( 5f the widow is 'i( 6ot e%ceeding /:D of rec@onable hildless Rs.1/::7" emoluments. 'ii( A%ceeding Rs. .:Dof rec@onable 1/::7"but not emoluments sub$ect e%ceeding to a minimum of Rs.,:::7" Rs.1/:7". 'iii( A%ceeding Rs. ,:D of rec@onable ,:::7" emoluments sub$ect to a minimum of Rs.12::7" and ma%imum of Rs.2/::7". 'b( 5f the widow has 5n all cases. 0:D of rec@onable hild7hildren. emoluments sub$ect to minimum of Rs.1/:7" and ma%imum of Rs.2/::7". __________________________________________________________________ ___________ -Auth'-+ara 1/.2 of 9#* letter dated ,:71:781( ____________________________________________________________________________________________________________________ R2 3#43A2A 111 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 1:.. )pecial family pension at the rates indicated at 'b( above is admissible to the widow till the child7children attains the age prescribed under the rules and thereafter the widow shall be paid family pension at the rates indicated at 'a( above. )pecial family pension is regulated similarly where parents in the case of personnel below officer ran@, have been nominated as the first awardee. 'Auth'-+ara 1/., of 9#* letter dated ,:71:781( 1:./ 5n cases where )pecial family pension is granted to the widow and she dies or remarries, the children would be paid )pecial family pension at the rates indicated in 'a( above and the same rate would also apply to fatherless7motherless children. 5n both cases, special family pension would be paid to the children for the period during which they would have been eligible, as in the case of ordinary family pension. 'Auth'-+ara 1/.. of 9#* letter dated ,:71:781( >>% LIAERALINED PEN+IONAR5 A7ARD+' -Aattle Casualt" an# such other cases as a" be speciall" notifie# b" Governent% 11.1 )ervice #fficers and personnel below offices ran@, who arc @illed or disabled on account of in$uries sustained. 'i( in international war 'ii( as a result of fighting in war li@e operations or border s@irmishes with other countries. 'iii( during Cighting in service with a peace @eeping mission abroad. 'iv( while employed in aid of civil administration to deal with agitating para military personnel. 'v( as a result of accidental e%plosions of mines caused while laying operationally oriented mine fields or lifting or negotiating mine fields laid down by the enemy or by own forces in operational areas near international border or the line of control 'other than accidental e%plosions caused during training with live mines(. 'vi( as a result of frost bite during wars or war li@e operations. 'vii( as a result or battle inocculation training e%ercises or demonstration with live ammunition where safety distance are reduced for real in training. 'viii( while fighting against armed hostilities. 'i%( as a result of operations specifically notified by the !overnment, are granted liberalised pensionary awards as under& 11.2 7ar In8ur" Pension' Jar 5n$ury +ension for 1::D disability is e-ual to the rec@onable emoluments last drawn on the date of invalidment. Jhere disability is less than 1::D, the amount of Jar 5n$ury +ension is proportionately reduced but in no case, the amount of war in$ury pension is less than 0:D and 8:D of rec@onable emoluments last drawn in the case of officers and personnel below officer ran@ respectively. 2he minimum amount of Jar 5n$ury pension is also admissible in case degree of disablement falls below 2:D on subse-uent re" assessment. 5n addition to the Jar 5n$ury +ension the individual shall be entitled ____________________________________________________________________________________________________________________ R2 3#43A2A 118 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ to Retirement !ratuity which shall be calculated on the basis of rec@onable emoluments on the date of invalidment but counting of service upto the date in which he would have normal retired in that ran@ plus weightage of / years 'total not e%ceeding ,, years(. 'Auth'-+ara 18.2, 18., and 18.. of 9#* letter 6o. 1'/(7817* '+ensions7services( dated ,:71:781( NO3E'-onstant Attendance Allowance' where admissible is granted in addition. 11., Liberalise# +pecial *ail" Pension' '1( Jidows in the case of officers and nominated heirs 'in the absence of nomination"the highest eligible heir( in the case service personnel, who are @illed in action or deemed to have been @illed in action or in the specified circumstances are entitled to liberalised special family pension e-ual to the rec@onable emoluments last drawn by the deceased until death or dis-ualification. 6o children allowance or children education allowance is payable in addition. '2( 5n the case of both officers and personnel below officer ran@, if a widow remarriage her deceased husband's real brother and continues to live a communal life with and7or contributes to support other living eligible heirs, she continues to be eligible to the liberalised special family pension, at the rate indicated in clause '1( above. #n remarriage with any other person, she forefeits her right to the liberalised special family pension but is given ordinary family pension from the date following the date of her remarriage and from the said date the children are allowed children allowance. 'Auth' - +ara 1;.1 of 9#* letter dated ,:71:781( ,'a(. 5f the deceased service personnel is not survived by a widow but is survived by a child7children only, all children together will be eligible for family pension at the following rates and also in addition, the children allowance specified in sub para . below. Eoluents of the In#ivi#ual *ail" Pension on the Date Of Death 6ot e%ceeding Rs.1/::7" " /:D of emoluments. A%ceeding Rs.1/::7" but not " .:D of the emoluments sub$ect e%ceeding Rs.,:::7". to minimum of Rs.1/:7" p.m. A%ceeding Rs.,:::7". " ,:D of emoluments. 9inimum Rs.12::7" 9a%imum Rs.2/::7 ____________________________________________________________________________________________________________________ R2 3#43A2A 11; ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'b( 2he above liberalised special family pension is payable to the children for the period during which they would have been eligible as in the case of ordinary family pension. 'c( 2he family pension is paid to the senior most eligible child at a time on the lines of #rdinary Camily +ension. 'Authority for ,'a( 'b( M 'c("+ara 1;.2 of 9#* letter dated ,:71:781( -0. CCILDREN ALLO7ANCE' 5n lieu of children allowance and children education allowance, a consolidated allowance at the following rate is payable in cases covered by subpara ,'a(. 'i( 5n the case of )ervice #fficers. Rs.1/:7" +9 per child. 'ii( 5n the case of personnel below Rs.1::7" +9 per child. officer ran@. *A4IL5 GRA3@I35' 12.1 Camily !ratuity is granted in addition to the receipent of the special liberalised family pension of an individual who 'i( is @illed in action or dies of wounds sustained in action. 'ii( is @illed while on flying duty or parachut $umping duties in an aircraft or while being carried on duty in an aircraft 'civil or service( under proper authority or dies of in$uries sustained in such circumstances. 'iii( though not serving in a field area, dies of a cause attributable to circumstances which, in the opinion of the local administrative authority, are similar to those encountered on field service or in operation. 'iv( )uffers a violent death while employed in aid of the civil power. 'v( dies while laying or clearing land or sea mines. 'vi( dies while on diving duty. 'vii( dies while on duty in a submarine or while being carried on duty in submarine under proper authority. 'viii( dies due to in$uries sustained in the circumstances mentioned in causes 'iv( to 'vii( above. 'Auth'-+ara 1:. of +R 5 for officers. +ara 2,2 of +R 5 for personnel below officer Ran@( E9 GRA3IA PA54EN3+ - *L5ING ACCIDEN3+ 3O +ER6ICE AIR CRA*3+' 1,. Camilies of #fficers and personnel below officer ran@ who die while traveling by service air craft as a passenger and a member of the crew in course of their official duty as a result of accidents to the air craft are sanctioned by !overnment an e%"gratia award at the rate of Rs. five 4a@h in each case irrespective of ran@ of the deceased. 2his e%"gratia payment is in addition to the ____________________________________________________________________________________________________________________ R2 3#43A2A 18: ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ benefits of special family pension or dependent pension and is sanctioned with the concurrence of 9inistry of Cinance. Retireent gratuit"' An individual who has completed / years -ualifying service, and is eligible for service7invalid gratuity or pension of any type, shall be granted on the termination of his service a retirement gratuity e-ual to one fourth of rec@onable emoluments for each completed si% monthly period of -ualifying service sub$ect to a ma%imum of 10V times the rec@onable emoluments, provided that the amount of retirement gratuity payable shall in no case e%ceed Rupees #ne 4a@h. 2here will also be no ceiling on rec@onable emoluments for calculating the gratuity. 2he emoluments and -ualifying service for this purpose shall be as defined in paras , and / respectively of 9* letter 6o. 1'/(7817* '+ensions7)ervices( dated ,:.1:.81. 'Auth ' -+ara 12.1 9* letter 6o. 1'/(7817* '+ensions7)ervices( dated ,:.1:.81.( Death Gratuit" *eath gratuity at the following rates shall be admissible in the event of death in harness Length of <ualif"ing service Rate of #eath gratuit" 'i( 4ess than one year 2 times of rec@onable emoluments. 'ii( #ne year or more but less 2han / years 0 times of rec@onable emoluments. 'iii( Cive years or more but less than 2: years 12 times of rec@onable emoluments 'iv( 2: years or more <alf of rec@onable emoluments for each completed si% monthly period of -ualifying service above, sub$ect to a minimum of 12 times and a ma%imum of ,, times the rec@onable emoluments provided that the amount of *eath !ratuity shall in no case e%ceed Rs. 1 la@h., Notes ' ->. *eath !ratuity at the rates indicated in 'i( to 'iii( above will be admissible also to the families of short service7emergency commissioned officers in the event of their death while in service. '2( 2he emoluments and -ualifying service for this purpose shall be as defined in paras , and / above respectively. 2here will be no ceiling on rec@onable emoluments for calculating *eath !ratuity. ____________________________________________________________________________________________________________________ R2 3#43A2A 181 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 'Authorit"-+ara 12.2 9.*. 4etter 6o. 1 '/(7817* '+ension7)ervices( dated ,: #ct. 1;81. CO44@3A3ION O* PEN+ION 1.1 ommutation of pension means conversion of a portion of pension into a lumpsum cash amount. A !ovt. )ervant, who surrenders a portion of his monthly pension, receives a fi%ed or lump sum payment in lieu of such surrender. 1.2 #fficers and personnel below officer ran@ are entitled to commute their service7invalid7disability7war in$ury pension upto .,D and ./D respectively. After commutation, the relief on pension is given on the total pension including the commuted portion thereof. 1., 2he commuted value of pension is wor@ed out on the basis of the prescribed table which ta@es effect from 1st 9arch, 1;11. Coutation on Invali# Pension 1.. 5n case the amount of invalid pension based on -ualifying service and the average emoluments is less than the ordinary family pension, the invalid pension is enhanced to the level of ordinary family pension. <owever for the purpose of commutation of pension, the amount of original invalid pension is ta@en into account. '9inistry of Cinance # 9. 6o. C. 1;',8( AI'A(710 dt. 2:.1.11.( Coutation allo)e# on 4iniu Pension of Rs% $M1 1./ 2he commutation is allowed on the minimum pension of Rs. ,1/ even if the actual amount of pension is less then Rs. ,1/. Restoration of coute# Pension 1.0 +ensioners are entitled to have the commuted portion of pension restored on the e%piry of 1/ years from the date of retirement, if the commutation amount is received in the first month of retirementR in other cases, the commuted portion of pension will be restored after fifteen years from the date of receipt of commutation amount. Calculation of Coutation Aount 1.1 4ump sum payable is related to age. 5n the 2able given in ) '+( Rules, commutation factor gives as 6umber of years of purchase. 2he amount to be commuted is to be multiplied by the number of years of purchase corresponding to your age ne%t birthday. 2hus the formula is & 4ump sum +ayable _ ommutation factor T 12 T Amount of pension offered for ommutation. 2he product should be rounded off to the ne%t higher rupee. 2he commutation factor is ta@en from the ommutation 2able as relevant to the age ne%t birthday. 2he age ne%t birthday will be determined with respect to 'i( the date of superannuation in cases where commutation is re-uired along with +.+.#. 'ii( the date of receipt of application in other cases where medical ____________________________________________________________________________________________________________________ R2 3#43A2A 182 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ e%amination is not necessary, and 'iii( the date of medical e%amination when it is necessary. Coutation 3able' - 2he present ommutation table is effective from 18th 9arch, 1;11. 2his table is based on the rate of interest of ..1/ percent per annum. 2he table is given below& CO44@3A3ION 3AALE- A%I% D12M> Age ne%t birthday ommutation Ialue e%pressed as 6o. of year's purchase Age ne%t birthday ommutation Ialue e%pressed as 6o. of year's purchase .: 1/.81 /, 12.,/ .1 1/.0. /. 12.:/ .2 1/..: // 11.1, ., 1/.1/ /0 11..2 .. 1..;: /1 11.1: ./ 1..0. /8 1:.18 .0 1..,1 /; 1:..0 .1 1..1: 0: 1:.1, .8 1,.82 01 ;.81 .; 1,./. 02 ;..8 /: 1,.2/ 0, ;.1/ /1 12.;/ 0. 8.82 /2 12.00 0/ 8./: Coutation of Pension-Illustration I% DA3A 1. Ran@ and 6ame of the #fficer .... ol )omeshwar 2. *ate of Hirth .... 2;.;.1;,0 ,. Jhether the date of Hirth is verified .... =es. .. *ate of Retirement .... ,:.;.1;88 A6 /. 6ature and amount of pension .... Retiring pension sanctioned Rs. 28:,7" pm 0. +ortion of pension already commuted, if any .... 6il 1. Amount of pension at present in issue .... Rs. 28:,7" p.m. ____________________________________________________________________________________________________________________ R2 3#43A2A 18, ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ 8. Amount of pension proposed to be commuted .... Rs. 1,2:/7" p.m. ;. 9a%imum commutable pension ., per cent .... Rs. 12:/7" p.m. 1: 5s the amount at 8 within the +rescribed limit ... =es 11. Jill the residual pension be e-ual to7more than the prescribed minimum.... =es 12. Age ne%t birthday .... /, years 1,. ommutation value applicable vide A5 8/711 .... 12.,/ II-Calculations 1.. apitalised sum admissible in the case of average life 12:/T12T12.,/ 'vide Reg. ,.. +RA +art"5 '1;01( ... 1,18,/817" >%D Rec&oning of Age Next Airth#a" 'a( 2he age ne%t birthday is rec@oned with regard to" 'i( the date of superannuationR 'ii( the date of receipt of application in other cases where medical e%amination is not necessaryR and 'iii( the date of 9edical A%amination when it is necessary 'b( 2he commuted value of pension is re-uired to be calculated ta@ing into account the date of medical e%amination, the age ne%t birthday with reference to the date of medical e%amination and the factor applicable to such !ovt. )ervant also with reference to age ne%t birth day after the medical e%amination. NAuth&" M A.!. of 5ndia 6ew *elhi 4etter 6o. 1:1" Audit. 172:";:'3J( '1.2(dt. 2.1:.;:O >%E Restoration of Coute# Portion of Pension after >1 "ears >%E%> 3o )ho applicable Under the ivil +ension 'ommutation( Rules 1;2/ later codified as entral ivil )ervices 'ommutation of +ension( Rules 1;81 and corresponding rules applicable to the Armed Corces +ersonnel 'including, All 5ndia )ervice officers and Railway +ensioners etc( are allowed the optional facility of converting a portion of their pension into a lump sum amount. 2he pensioner used to receive only the balance amount 'Cull pension minus the commuted pension( for the rest of his life. <owever, as a result of $udgement of the )upreme ourt it was decided that all entral !ovt. +ensioners governed by entral ivil )ervices 'ommutation of +ension( Rules 1;81 and corresponding rules for Armed Corces personnel and All 5ndia )ervice officers and Railway pensioners will have their ____________________________________________________________________________________________________________________ R2 3#43A2A 18. ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ commuted portion of pension restored after completion of 1/ years with effect from 1"."1;8/. 'Auth&"*ept. of +. M+.J #9 6o. ,.72780"+. M+.J. dt. /.,.81( >%E%?% Rec&oning the perio# of fifteen "ears for restoration% -a. Case settle# %prior to ??n# August >EEF% 5n case where the pensioner had completed 1/ years from the date of retirement on 1...8/ or thereafter and had died subse-uently, his7her legal heir's( is7are also entitled to receive arrears with effect from 1...8/ 'or from the date of completion of 1/ years from the date of retirement whichever is later.( till the date of the pensioner's death. 5n case the period of 1/ years of retirement is already over before 1...8/, the date from which commuted portion is to the restored, i.e. 1...1;8/ or thereafter as and when due after completion of 1/ years from the, respective date 's( of retirement. 'Auth'-*ept. of +.M+.J #9 6o. ,.72780"+.M+.J. dt. 2,.0.81( -b. Cases not settle# prior to ??n# August >EEF 'i( 1/ year period for restoration is rec@oned from the date of retirement itself in case where commutation of pension was7is simultaneous with retirement. 5n other words, cases where payment of commuted value of pension was7is made during the first month of retirement leading to appropriate reduction on a7c of commutation in the first pension itself is deemed to be falling under this category. 'ii( 5n all other cases where commutation of pension led7leads to a reduction in the second or subse-uent month, the 1/ year period is rec@oned from the date of commutation i.e. from the date on which reduction in pension on account of commutation became7becomes effective. 'Auth'-*ept. of +.M+.J #9 6o. R.72780"+.M+.J. dr.. 22.8.;:( >%>F Proce#ure for Restoration of Coute# value Aach pensioner who is eligible to have the commuted portion restored applies in the prescribed form duly completed to the +ension *isbursing Authority. 2he" +ension disbursing Authority restores the commuted value of pension if the commuted amount has been mentioned in the +ension +ayment order and also pays the arrears, if any. 5f the date of commutation is not readily available in the +.+.#. the +ension *isbursing Authority obtains the information from the +ay M Accounts #fficer7Accounts officer which issued the +.+.#. before restoring the commuted portion of +ension. N*ept. of +.M+.J #9 6o. ,.72780"+.M+.J. dt. /.,.81O >%>>% Exeption of Coute# aount fro Incoe 3ax Under )ection 1:'1:"A( 'i( of 5ncome 2a% Act 1;01, both the commuted value of one third of pension and lump sum amount in lieu of pension paid to a !ovt. )ervant conse-uent upon absorption in +ublic )ector ____________________________________________________________________________________________________________________ R2 3#43A2A 18/ ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ Underta@ings7Autonomous bodies under the entral7)tate !ovtR Union territories and A. )ector Underta@ing are e%empt from 5ncome 2a%. NAuth& " entral Hoard of *irect 2a%es circular 280 C. 11.71;78:"11 'A"1( dt. 1171178: circulated under 9inistry of <ome Affairs '*.+. M A.R.( #9. 6o. .'1("+U781 dt. 2878781.O DI+AR@+E4EN3 O* PEN+ION >% GENERAL +ension and allowances to pensioners are paid by one or other of the following authorities& 'a( *efence +ension *isbursing #fficer '*+*#s( 'b( ivil 2reasury #ffices7+A#s. 'c( +ublic )ector Han@s. 'd( +ost #ffices. 'e( +ension +aying Authorities in foreign countries. ?% PPOs All grants of pension, allowances, $angi inams and other awards are notified by pension sanctioning authorities to individual vide +ension payment #rders '++#s(. All ++#s7payment authorities and $angi 5nam ertificates and letters issued for the resumption of pension held in abeyance due to re"employment etc. are embossed with a special seal. )pecimen signatures of the officers authorised to sign these documents are sent to all +ension *isbursing Authorities '+*As(. Hefore a ++#7+ayment Authority is acted upon, it is to be verified by +*As that the ++#7+ayment Authority74etter of Authority has been signed by an officer, who is authorised to sign it, with reference to intimation on the sub$ect earlier received i.e. the signature affi%ed thereon agrees with the specimen signature of the officer on record with +*A. All ++#s are entered in a register maintained for the purpose. $% ALLO34EN3 O* RE*ERENCE N@4AER 3O PEN+IONER+ +ensioners belonging to lass 5, 55, I 'ommissioned #fficers of Armed Corces, widows, children and other dependants of lass 5 pensioners, and civilian pensioners of defence services, *A* and their heirs granted pension under )R( are allotted +) 6o. +ensioners belonging to lass I5 'Armed Corces +ensioners(, I55 'widows, children and other dependants of class I5 pensioners( and lass I111 'special world war 5 Rewardees, !alantary Awardees( are allotted 2) 6o. 0% PROCED@RE 3O AE *OLLO7ED A5 DPDOs ..1. *irst Pa"ent-#n receipt of ++# notifying pension, call letters are issued to pensioners, within one wee@ of receipt of ++#, specifying the date of payment to the pensioner. alculation sheet are prepared and @ept with ++#, ____________________________________________________________________________________________________________________ R2 3#43A2A 180 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ *escriptive Roll etc. in pensioner case file '+ Cile(. After proper identification of the pensioner and collection of all relevant certificates 'non7re"employment, non7remarriage, non drawal of any other +ension( pension payment schedule is prepared in" duplicate. Antries are made in chec@ register, pension certificate and first payment register. +ayment is released through che-ue after obtaining the ac-uaintance of the pensioner. 5t is the responsibility of the *+*# to deduct 5ncome 2a% from pension at source, where due. ..2 +ubse<uent Regular 4onthl" Pa"ent of Pension' All regular payments are made either through 6H) or ash. ..2.1. Pa"ent of pension through NA+ ' Under this scheme, the pensioners are re-uired to open an account with a selected public sector ban@ branch and intimate the particulars to the *+*# in the prescribed application form '#ption Corm(. 2he latter sends a che-ue accompanied by pension payment schedules in duplicate to the ban@ for credit of the pension amount in pensioner's account every month. Ad$ustment of additional installment of dearness relief, any other revision of pension on account of issue of corrigendum ++#, !ovt. #rder is also authorised by the *+*#. +eriodic ertificates are collected by the *+*#s. Annual 5dentification of pensioners is carried out by him. All disbursements are entered in chec@ register. Han@s credit the pension in the account of pensioners after realisation of proceed of che-ues sent by *+*#s. Han@s stamp the copy of pension payment schedule and return it to the *+*#, duly receipted, not later than the 1th of the following, month. Amounts which can not be credited in to pensioner's account are refunded to *+*# through *emand *raft. ..2.2 Pa"ent of pension is Cash' )pecific date of payment is fi%ed by the *+*#. +ensioners present their pension certificate on the given date to mustering auditor '9A( of *+*#. 9ustering Auditor after proper identification of the pensioner prepares pension payment schedules, obtains the ac-uittance of the pensioner, hands over to@en to the pensioner, record the entries in pension boo@, chec@ register and mustering auditor register. After proper identification of the pensioner, AA#7)#'A( authenticates the pension payment documents, and passes the pension certificates to the ashier. +ensioners collect his pension and pension certificates from cashier, on presentation of the to@en. 6e%t month's date of payment of pension is also ascertained by him from the mustering auditor of *+*# office. +eriodic certificates are collected. Annual 5dentification is carried out. All changes in the entitlements due to change in rate of dearness relief, issue of orr. ++#s, issue of !ovt. decision are ta@en into account by the *+*#, while ma@ing the payments. 1% +@A4I++ION O* CA+C ACCO@N3 A5 DPDOs ____________________________________________________________________________________________________________________ R2 3#43A2A 181 ____________________________________________________________________________________________________________________ Pension Regulations For The Army-1961 (Part-I) ____________________________________________________________________________________________________________________ ash Assignments is placed by 9#7\# in favour of *+*#s for payment of pension. *+*#s issue *efence he-ues against their cash assignments for drawal of cash for cash payment of pension, che-ue payment of pension, 6H) payments. 9onthly abstract of Receipt M harges is prepared and submitted to Accounts )ection of 9ain #ffice along with all relevant documents. +9 is submitted timely to the concerned A*+ entre. 9ch@ :;21:1 ____________________________________________________________________________________________________________________ R2 3#43A2A 188
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