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State of Odisha - Section

Section 23 in The Orissa Civil Services (Commutation of Pension) Rules, 1992

23. Second medical examination.

(1)Subject to the provisions of Rule 24, the medical examination in the case of an applicant referred to in Clause (c) of Sub-rule (1) of Rule 20 shall take place after the expiry of a period of not less than one year from the date of the first medical examination.
(2)If the applicant desires to be re-examined on the expiry of the period specified in Sub-rule (1), the examination shall be by a Medical Board at his own expense. For this purpose, he shall address a letter to the appointing authority with the request that arrangement to his re-examination by a Medical Board may be made. He shall indicate in the letter-
(i)the medical authority which examined him earlier, and the date on which such examination took place;
(ii)the place where he was examined;
(iii)the opinion of the medical authority;
(iv)the date of birth and the date of retirement;
(v)designation of the post held at the time of retirement;
(vi)the amount of pension authorised;
(vii)the fraction of pension which was originally applied for commutation.
(3)The appointing authority on receipt of letter under Sub-rule (2) shall address the Chief District Medical Officer for arranging re-examination of the applicant by a Medical Board and forward the following documents;
(i)letter in original received from the applicant;
(ii)the certified copy of Form 4 received earlier by the appointing authority from the medical authority under Clause (d) of Sub-rule (2) of Rule 22.
(4)The Chief District Medical Officer on receipt of the communication from the appointing authority under Sub-rule (3) shall inform the applicant as to where and when he should appear for medical examination before the Medical Board or if necessary direct the Medical Board to communicate to the applicant the place, date and time of such examination.
(5)The applicant after the receipt of communication under Sub-rule (4) shall appear before the Medical Board at the place and on the date and time communicated to him.
(6)The Medical Board shall examine the applicant and if after the examination it is of the view that the earlier opinion of the medical authority needs no revision or modification or needs revision or modification shall record its opinion accordingly and communicate the same to the appointing authority under intimation to the applicant. The documents received by the Medical Board under Sub-rule (3) shall also be returned to the appointing authority.
(7)If as a result of the opinion of the Medical Board received by the appointing authority under Sub-rule (6), the applicant becomes eligible to commute a fraction of pension originally applied for, the appointing authority shall determine the commuted value with reference to the Table applicable on the date, the Medical Board record its opinion. The appointing authority thereafter shall request the Accounts Officer to take further action for the authorisation of the commuted value and forward the following documents to him;
(i)letter in original received from the applicant under Sub-rule (2);
(ii)the opinion of the Medical Board received under Sub-rule (6) in original;
(iii)calculation sheet showing the commuted value determined with reference to the revised or modified opinion of the Medical Board.
(8)The Accounts Officer on receipt of the documents under Sub-rule (7) shall verify t-he correctness of the commuted value determined by the appointing authority and thereafter take action to authorise the commuted value to the applicant under intimation to the appointing authority.