Section 209 in The Navy (Pension) Regulations, 1964
209. Mode of recovery of public claims (other than over payments of pensions), non-public debts or claims.
- Public claims, other than those on account of overpayment of pensions, non-public fund debts an non-public fund claims which the Central Government directs any person to pay, shall be adjusted as under(i)Retirements on account of excess issues of pay and unauthorised expenditure, stoppages other than those awarded under the Act, the value of losses and all other claims for which Central Government holds any person liable, shall be recovered in monthly instalments of one-third of pension until the full claim is satisfied.The competent authority may, if it is satisfied that there are reasonable grounds for such a course, which must be recorded in writing, relax this regulation and order recoveries to be made in smaller amounts which in no case shall exceed twelve instalments in number.(ii)in the case of public claims other than those specified in clause (i), and non-public fund debts which are not disputed, the Commanding officer/Captain Naval Barracks of the person against whom the claim is made or from whom the debt is due may order the recovery of the amount from his pension in such instalments as the Commanding Officer/Captain Naval Barracks considers reasonable.(iii)In the case of a non-public fund debt where the person from whom it is due disputes the correctness of the amount or repudiates his liability, such debt becomes a non-public fund claim and shall be recovered only under the orders of the Central Government.Explanation. - Non-public fund debt means any debt arising out of dues recoverable from the person towards :(a)Loan granted from any Non-public Funds (vi. I.N.B.A./Command Benevolent Funds).(b)Suscription and other dues in respect of any Non-Public Fund (viz. I.N. Amenities Fund /Contributory Education Scheme)(c)Purchases made on credit from Canteens.(d)Mess/Wine Bills.(e)Loss incurred by the person of any money or stores, belonging to any Non-Public Fund entrusted to him (viz. Library Books/Sports equipment etc.).(f)Deficiency or irregular expenditure of Non-Public Fund money or stores of which, after due investigation, no explanation satisfactory to the Chief of Naval Staff, is given by the person who is responsible for the same.(iv)The mode of recovery from disability pension shall be determined by Central Government in each individual case.(v)If any person is eligible for a gratuity in lieu of pension or if he has commuted a portion of his pension, the whole amount of the claim shall be recovered in one instalment from the gratuity or commuted value of the pension, as the case may be.
