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Union of India - Section

Section 103 in The Khadi And Village Industries Commission Employees (Pension) Regulations, 1984

103. Second Medical Examination.

(1)Subject to the provisions of Regulation 104, the medical examination in the case of an applicant who has been refused commutation on medical grounds or who has declined to accept commutation on the basis of addition of years to his actual age recommended by the Medical authority shall take place after the expiry of a period of not less than one year from the date of the first medical examination.
(2)If the applicant desires to be re-examined on the expiry of the period specified in sub-regulation (1), the examination shall be by a Medical board at his own expense.For this purpose, he shall address a letter to the director (Administration) with the request that arrangements for his re-examination by the Medical Board may be made.He shall indicate in the letter :
(i)the medical authority which examined him earlier, and the date on which such examination took place,
(ii)the place where he was examined
(iii)the opinion of the medical authority,
(iv)the date of birth and the date of retirement,
(v)designation of the post held at the time of retirement,
(vi)the amount of pension authorised,
(vii)the fraction of pension which was originally applied for commutation.
(3)The Director (Administration) on receipt of letter under sub-regulation (2) shall address the Medical Board for arranging re-examination of the applicant. A copy of this letter shall be endorsed to the applicant informing him where and when he should appear for medical examination. Director (Administration) shall forward the following documents to the Medical Board :
(i)letter in original received from the applicant,
(ii)a certified copy of Form 22 received earlier from the medical authority under clause (c) or sub-regulation (2) of Regulation 102.
(4)The applicant after the receipt of Communication under sub-regulation (3) shall appear before the Medical Board at the place and on the date communicated to him.
(5)The Medical Board shall examine the applicant and if after the examination it is of the view that the earlier opinion of the medical authority needs no revision or modification or needs revision or modification shall record its opinion and communicate the same to the Director (Administration) under intimation to the applicant. The documents received by the Medical Board. under sub-regulation (3) shall also be returned to the Director (Administration).
(6)If as a result of the opinion of the Medical Board received by the Director (Administration) under sub-regulation (5), the applicant becomes eligible to commute a fraction of pension originally applied for, the Director (Administration) shall determine the commuted value with reference to the Table applicable on the date, the Medical Board recorded its opinion with reference to the revised or modified opinion of the Medical Board and take action to authorise the commuted value to the applicant.