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Union of India - Section

Section 146 in The Navy (Pension) Regulations, 1964

146. Conditions and limits of commutation.

(1)A permanent commissioned officer who is in receipt of a service pension or a permanent disability pension and who had attained the age of forty years or who has been certified as permanently incapable, through disability, of further service maybe permitted, subject to the report of a medical board as to his physical fitness and to any decision taken in the exercise of the discretion provided in regulation 8, to commute a portion not exceeding one-half of his pension or pension (less any amount previously commuted), provided that the amount left uncommitted is not less than Rupees two thousand a year in the case of officers of the general list and Rupees twelve hundred in the case of officers of the branch list.
(2)Notwithstanding anything contained in sub-regulation (1) where the total amount of pension or pensions of an officer (other than an officer of the Branch List) is less than Rupees Two Thousand and Four Hundred a year, a portion of the pension not exceeding Rupees Four Hundred may be commuted, provided that not less than Rupees One Thousand and Six Hundred a year remains uncommuted.
(3)In calculating the amount of pension for the purposes of this regulation, there may be added to it the uncommuted portion of any other permanent pension or pensions payable to the applicant by the Central Government or any State Government.[Note :-No commutation of pension sanctioned under regulation 5 A shall be allowed as provided in sub-regulation (1) of that regulation.] [Inserted by S.R.O. 201, dated 2nd August, 1976][Explanation 1. - Communication of pension shall be allowed with reference to total disability pension in cases where the invaliding disability is loss of limb(s), total loss of sight, loss of one eye, amputation etc., or where the award or disability pension is sanctioned for life.] [Added by S.R.O. 309, dated 5th September, 1974]Explanation 2. - Where the officer has been granted temporary disability pension but has completed five years qualifying service commutation of pension shall be allowed with reference to the service element of disability pension only.