Section 63 in The Khadi And Village Industries Commission Employees (Pension) Regulations, 1984
63. Provisional pension where departmental or judicial proceedings may be pending.
(1)(a)In respect of an employee referred to in sub-regulation (4) of Regulation 8, the Director (Administration) shall authorise the provisional pension equal to the maximum pension which would have been admissible on the basis of qualifying service upto the date of retirement of the employee, or if he was under suspension on the date of retirement upto the date immediately preceding the date on which he was placed under suspension.(b)The provisional pension shall be authorised by the Director (Administration) during the period commencing from the date of retirement upto an including the date on which, after the conclusion of departmental or judicial proceedings, final orders are passed by the competent authority.(c)No gratuity shall be paid to the employee until the conclusion of the departmental/judicial proceedings and issue of final orders thereon : Provided that where departmental proceedings have been instituted under Regulation 27 of the Khadi and Village Industries Commission Employees' (Conduct, Discipline and Appeal) Regulations, 1961 for imposing any of the penalties specified in clauses (a) and (b) of regulation 21 of the said Regulations, the payment of gratuity shall be authorised to be paid to the employee.(2)Payment of provisional pension made under sub-regulation (1) shall be adjusted against final retirement benefits sanctioned to such employees upon conclusion of such proceedings, but no recovery shall be made where the pension finally sanctioned in less than the provisional pension or the pension is reduced or withheld either permanently or for a specified period.
