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Union of India - Section

Section 243 in The Navy (Pay And Allowances) Regulations, 1966

243. Recovery of advance.

(1)Advances for motor car shall be recovered as under:-
(a)From officers holding permanent commission. - In [1/100th for the first occasion and "1/75 for the second occasion] [Substitued by S.R.O. 132, dated 9th May, 1989] part of the amount advanced. Provided that the recovery of the advance from an officer who is due to retire within 5 or 6 years, as the case may be. From the first issue of pay after the drawal of the advance by him, will be made in such number of instalments as would enable recovery of the advance and interest thereon being completed by the time of the issue of the last pay to him before retirement.
(b)From those holding temporary commissions. - Within three years or before the termination of their engagement whichever is earlier.
(2)The sanctioning authority may permit recovery to be made in lesser number of instalments if the officer so desires.Explanation. - The amount of the instalment should be fixed in whole rupees except in the case of the last instalment which shall consist of the balance including any fraction of a rupee.
(3)Simple interest shall be charged on these advances the rate of which shall be prescribed from time to time. The interest shall be calculated on the balance outstanding on the last day of each month and it shall be recovered in one or more instalments after the whole of the principal has been repaid, and no such instalment shall be appreciably greater than the instalments by which the principal was recovered.
(4)If an officer dies before the final liquidation of an advance taken by him from the Central Government for the purchase of a vehicle, the outstanding balance of the advance together with interest due thereon at the time of his death, less the amount realised by the sale of the vehicle, shall be recovered from the pay and allowances that may be due to the deceased. Any balance remaining unadjusted thereafter, shall, in the case of naval officers he referred to the Chief of the Naval Staff for treatment as a nun-preferential charge. In other cases such balance shall be adjusted through non-effective accounts. [The fact whether it is possible or advisable to recover the amount by other methods, shall also be considered.] [Substitued by S.R.O. 9-E, dated 19th March, 1974]
(5)In the case of an officer dismissed, removed or resigning from service before the repayment, in full, of the advance drawn by him the administrative authority responsible for relieving him of his duties, shall before such relief, seize the car and the claim of the Government in respect of the amount of advance outstanding shall be settled in terms of the mortgage deed under Appendix XI-C.[(5-A) In case of an officer who is due to retire within maximum period prescribed for its payment, the sanctioning authority may increase the number of instalments if the date of retirement changes after the sanction of the advance consequent on his promotion or grant of substantive rank or grant of another tenure etc,. subject to the provisions of sub-regulation (I) of regulation 243. In such cases the officer shall execute a supplementary mortgage deed as prescribed in Appendix XI-K.] [Substitued by S.R.O. 9-E, dated 19th March, 1974]
(5B)An officer, who is sent on deputation for a period exceeding 12 months out of India or is transferred to a post abroad before an advance drawn by him in India for the purchase of a motor car is completely repaid by him, may, at his option, he allowed by the sanctioning authority to repay the remaining instalments in rupees in India. The officer should arrange to remit the amount due by hank draft, by the