Section 44 in Nagaland Rural Bank (Employees') Pension Regulations, 2018
44. Provisional pension.
(1)An employee who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings are continued, a provisional pension, equal to the maximum pension which would have been admissible to him, would be allowed subject to adjustment against final retirement benefits sanctioned to him, upon conclusion of the proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or the pension is reduced or withheld, either permanently or for a specified period.(2)In cases referred to in sub-regulation (1), the gratuity shall be paid to the employee and only on conclusion of the proceedings and any recoveries to be made from an employee shall be adjusted against the amount of gratuity payable.Explanation. - in this Chapter, -(a)"serious crime" includes a crime involving an offence under the Official Secrets Act, 1923 (19 of 1923);(b)"grave misconduct" includes the communication or disclosure of any secret official code or password or any sketch, plan, model, article, note, documents or information, such as is mentioned in section 5 of the Official Secrets Act, 1923 (19 of 1923) which was obtained while holding office in the Bank so as to prejudicially affect the interests of the general public or the security of the State;(c)"fraud" shall have the meaning assigned to it under section 25 of the Indian Penal Code, 1860 (45 of 1860);(d)"criminal breach of trust" shall have the meaning assigned to it under section 405 of the Indian Penal Code, 1860 (45 of 1860);(e)"forgery" shall have the meaning assigned to it under section 463 of the Indian Penal Code, 1860 (45 of 1860).
