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[Cites 0, Cited by 0] [Section 58] [Entire Act]

Union of India - Subsection

Section 58(2) in The Navy (Pension) Regulations, 1964

(2)Paid acting rank held by an officer on any of the following dates whichever is not most favourable shall be taken into account for the purpose of assessment of special family pension and gratuity to the widow and dependents pension to parents, brothers and sisters, namely :
(i)the date of death, if death occurs in service, or the date of invaliding if death takes place after invaliding ; or
(ii)the date on which the officer sustained wound or injury or was first removed from duty on account of a disease causing death; or
(iii)if he rendered further service and suffered aggravation of the disability during and as a result of such service, the date of his later removal from duty on account of the disability :
[** * * *] [Inserted by S.R.O. 146, dated 26th May, 1973][58-A. [Omitted by S.R.O. 309, dated 5th September, 1974]When ordinary family pension is assessed on paid acting rank, ordinary family pension shall be assessed on the paid acting rank provided the acting rank had been held continuously for not less than two years on the date of death. If the acting rank is held for less than two years, no benefit thereof shall be admissible. Where an officer at the time of death was holding an acting rank more than one step higher than the substantive rank, the benefit of acting rank shall be assessed on the highest acting rank held for at least two years. If service in the highest rank is less than two years, it shall be treated on par with service in the next lower rank. If an officer reverts to his substantive rank under the acting promotion rules either on account of his proceeding on furlough or being on sick leave for more than six months, the period of such reversion though not counting as service in the paid acting rank will not constitute a break in that acting rank provided he was appointed to the higher paid acting rank at the end of furlough or sick leave, as the case may be, or if he died during such leave, the period of two years paid service in that rank shall be deemed to include the period of furlough or sick leave so that the deceased is eligible for the benefit referred to above.]