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State of Odisha - Section

Section 71 in The Orissa Municipal Employees' Pension Rules, 1989

71.

(1)Before any commutation is sanctioned, the applicant must be examined by the proper medical authority hereinafter prescribed.
(2)The medical authority shall be-
(a)in the case of an applicant who has been granted and invalid pension or in whose case the total of the amount of pension to be commuted together with the amount or amounts previously commuted, if any, exceeds rupees twenty-five the Chief District Medical Officer; and
(b)in the case of an applicant who has not been granted an invalid pension and who applied for commutation of a sum, such that the total of the amount of pension to be commuted together with the amount or amounts previously commuted, if any, is rupees twenty-five or less, the Medical Officer not below the rank of an Assistant Surgeon of the area in which the applicant is ordinarily a resident.
(3)The medical authority, after obtaining from the applicant a statement in Part I of Form No. V which must be signed in his presence, shall subject him to a strict examination and enter the results in Part II of Form No. V and record its opinion as to the accuracy with which the applicant has answered the questions prescribed in Part I regarding his Medical history and habits. Lastly, it shall attest the unattested copy of the photograph of the applicant, complete the certificate contained in Part III of Form No. V and in case of applicants other than those who are literate enough to sign their names, obtain in its presence the left hand thumb and finger impressions.
(4)In the case of an applicant who has been or is about to be granted invalid pension the grounds of invalidation or the statement of the medical case shall be duly considered by the certifying medical authority before the certificate in Part III of Form No. V is signed.
(5)An applicant, after he has been rejected on the recommendation of a competent medical authority as not being a fit subject for commutation or after he has once declined to accept commutation on the basis of an addition of years of his actual age recommended by that authority, may be permitted to present himself subsequently for re-examination once only at his own cost with a view to the revision of the original finding provided that-
(a)an interval of not less then a year shall elapse between the date of the medical examination and that of the second; and
(b)the second-medical examination shall invariably be made by Chief District Medical Officer.
The medical authority examining the applicant should be furnished in addition to the documents mentioned in Rule 70 with a copy of report of the medical authority which had previously examined him.
(6)The medical authority prescribed in Sub-rule (2) shall, without delay, forward the completed Forms III and V in original, a copy of the photograph attested by it to the concerned local authority who gave the certificate contained in Part II of Form No. III, a certified copy of the completed Form No. V to the Director and a certified copy of Part III of Form No. V to the applicant.Note. - If in the opinion of the medical authority prescribed in Sub-rule (2) of this rule some special examination is necessary which it is not in a position to carry out itself, it may require the applicant to undergo such examination at his own expense. No payment towards expenditure incurred by the applicant for such examination shall be made by local authority irrespective of the result of the examination.