Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

Union of India - Section

Section 232 in The Navy (Pension) Regulations, 1964

232. Commutation of anticipatory or provisional pension.

- An individual who applies for the commutation of a portion of his pension and such portion is expressed as a percentage or fraction of the total pension admissible to him and is allowed in the first instance to commute such percentage or fraction of his anticipatory or provisional pension shall, in the event of his final pension being more than his anticipatory or provisional pension be allowed to commute a further sum without appearing before a fresh medical board, so as to make the commuted amount equal to the specified percentage or fraction of the amount of pension as finally sanctioned. In such cases, commutation as finally sanctioned shall also take effect from the date of the original commutation of the anticipatory or provisional pension and the amount of residual pension shall also be re-adjusted from the same date.]Appendix I[See Regulation 2(e)]
ItemNo. Referenceto Regulations Categoriesof personnel in respect of whom competent authority shallexercise its powers Competentauthority Remarks
1 2 3 4 5
    Officers    
    PartI of these regulations    
1 5 Commissionedofficers Ministry of Defence    
1A 5A CommissionedThe President officers of India    
2 15 Do Do. Incase where an officer is dismissed with or without dis gracethe competent authority will be the Central Government.
3 31 Do. Do.  
4 35 Do. TheCentral Government.  
5 49 FamilyPensioners Ministryof Defence.  
5-A 54 Familypensioners Controllerof Defence Accounts (Pensions),]  
6 62 Do. Do.  
7 146 Commissionedofficers and [Director of Supply Branch] InIndia  
  152] outsideIndia TheCentral Government.  
    PartII of these regulations    
8 165 Commissionedofficers TheController of Defence Accounts (Navy).  
9 182 Commissionedofficers TheCentral Government.  
10 183 Commissionedofficers and their families Controllerof Defence Accounts (Pensions)  
11 204 Do. TheCentral Government.  
      Exception.-  
      TheController of Defence Accounts (Pensions) shall be competent tore-admit a pensioner to pension establishment and pay him fullarrears if he is satisfied with the explanation of the pensioner.  
12 209 Commissionedofficers Chiefof the Naval Staff.  
13 210   InIndia  
      [AssistantChief of Commissioned officers Personnel]  
      OutsideIndia  
      TheCentral Government.  
      InIndia  
      DeputyDirector (Supplies)]  
14 220 Commissionedofficers InIndia  
      [DeputyDirector (Supplies)]  
      OutsideIndia  
      TheCentral Government  
      [Directorof Supplies]  
15 222 Commissionedofficers InIndia [Director of Supplies]  
      OutsideIndia  
      TheCentral Government.]  
    SAILORS    
    PartI of these regulations    
1 5 Sailors CaptainNaval Barracks.  
1A 5A Sailors FlagOfficer Commanding-in-Chief.......... of the Naval Commands, orthe Flag Officer Commanding of Naval Area concerned inconsultation with the Controller of Defence Accounts (Pensions),ALLAHABAD]  
2 72 Do CaptainNaval Barracks.  
3 73 Do Do.  
4 74 Do CaptainNaval Barracks after considering the advice of the SeniorMedical Officer, Bombay shall decide whether an individual isguilty of aggravating or retarding the cure of his disability.  
5 81 Do Chiefof Personnel.  
6 82 Do [Directorof Supply Branch]'  
7 83(1) Do CaptainNaval Barracks in consultation with the Controller of DefenceAccounts (Navy).  
      N.B.-Ifthe payment or non-payment of gratuity in respect of formerservice cannot be proved owing to loss or destruction ofofficial records, it shall be assumed that the gratuity, if itwas admissible under the rules extent at the time of dischargefrom former service, was paid. Permission to count formerservice shall be granted only after an amount equal to the sumso admissible is refunded in full.  
8 83(2)   CaptainNaval Barracks for condition 2, and Controller of DefenceAccounts (Navy) for condition 3.  
9 85 Do [Directorof Supply Branch]  
10 89 Do CaptainNaval Barracks.  
11 102 Do Ministryof Defence.  
12[105and 105 B] Do.   [Controllerof Defence Accounts (Pensions)]  
13 111 Do. Controllerof Defence Accounts (Pensions).  
14 112 Do. Do.  
15 115 FamilyPensioners Ministryof Defence.  
16 129(a) Do. Controllerof Defence Accounts (Pensions).  
17 129(b) Do. Ministryof Defence.  
    PartII of these regulations    
18 165 SailorsController of Defence Accounts (Pensions).    
19 182 Do. Controllerof Defence Accounts (Pensions).  
20 183 Sailorsand their families. Do.  
21 200B Sailorsand their families. CaptainBureau of Sailors.  
22 200C Sailorsand their families. CaptainBureau of Sailors.  
23 200D Sailorsand their families. CaptainBureau of Sailors.  
23A 200E Sailors:    
    A.In cases covered by section 5A,    
    (i)in the case of MCPOs I Chief of the Naval Staff & II(including those granted Honorary commission as ICOs while on theeffective list);    
    (ii)in the case CPOs, PO, LS, Sea I & II;    
      CommandingOfficer of the Ship/ Establishment : provided he is not belowthe rank of Commander.  
    (iii)in other cases. CaptainBureau of Sailors, BOMBAY].  
  B.In cases covered by regulation 8.Captain Bureau of Sailors, BOMBAY Controller of Defence Accounts(Pensions).    
24 207 (i)Sailors and reservists and their families other than thosedrawing pension at treasuries specified below.    
    (ii)Pensioners of the above categories drawing pensions at thefollowing treasuries:    
    Kathmandu IndianEmbassy, Nepal.  
    Gorakhpur Recruitingofficer or Deputy recruiting officer and Record Officer orAssistant Recruiting officer for Gorkhas, Kunraghat.  
    Darjeeling DeputyRecruiting officer and Record Officer or Assistant Recruitingofficer, Ghoom, Darjeeling.  
    Darbhangaand Purnea DeputyRecruiting Officer and Record Officer or Assistant Recruitingofficer, Ghoom, or Collectors, Darbhanga and Purnea, as thecase may be.  
    Bahraichand Gonda Recruitingofficer, Deputy Recruiting officer and Record Officer orAssistant Recruiting officer for Gorkhas, Kunraghat(Gorakhpur) or the Deputy Commissioners, Bahraich and Gonda, asthe case may be.  
      Explanation  
      Whenevera competent authority specified in this clause readmits topension establishment a pensioner, his sanction, together withpensioner's explanation for non-drawal of pension shall besubmitted in support of the first payment to Controller ofDefence Accounts (Pensions).  
25 209 Sailors Chiefof Personnel.  
26 210 Sailorsand their families. InIndia including Nepal Capital, Naval Barracks.  
      OutsideIndia  
      TheCentral Government  
27 213 Familypensioners CaptainNaval Barracks.  
28 214 Do. Do.  
Appendix II[See Regulation 2(k)]
ItemNo. Referenceto Regulations Natureof award and categories of personnel in respect of whom theauthorities specified in column 4 are competent to sanctionpension etc. Authoritycompetent to sanction the grant of pension etc.
1 2 3 4
OFFICERS
1 ChapterII. CommissionedOfficers including  
    BranchList Officers  
    (a)Retiring pension ..... (a) Ministry of Defence provided an awardis made in accordance with the audit report of the Controllerof Defence Accounts (Pensions) excepting where an officer isdismissed with or without disgrace by sentence of courtmartial.  
(b)   Disabilitypension (b)(i) Ministry of Defence provided the Central Government decidethat disability is attributable to or aggravated by service inthe Indian Navy and an award is made in conformity with theaudit report of Controller of Defence Accounts (Pensions).
      (ii)Controller of Defence Ac counts (Pensions) as regardscontinuance of disability Pension.
    (c)(i)special family pension and children's allowance to children belowthe age of eighteen. (c)Ministry of Defence provided the Central Government decides thatthe cause of death of the officer was due to or aggravated byservice in the Indian Navy,
    (ii)Gratuity to the widow where an officer is killed in action ordies of wounds received in action andan award is made in accordance with the audit report of theController of Defence Accounts (Pensions).
    (d)Ordinary family pension and children's allowance to childrenbelow the age of eighteen. (d)Ministry of Defence provided an award is made in accordancewith the audit report of the Controller of Defence Accounts(Pensions).
Incircumstances not covered by the above, the competent authoritywill be the Central Government.
      Explanation
      Inthe case of the widows and children, the Controller of De fenceAccounts (Pensions) shall have the power to pay gratuitiesauthorised in the regula tions when they are clearly admissibleand admit pensions under regulation provisionally, inanticipation of the sanction of the competent authority.
SAILORS
1Chapter III-Part I. Allawards   Controllerof Defence Accounts (Pensions); and Controller of DefenceAccounts (Navy) in the case of service gratuity other than ininvaliding cases.
Appendix III(See Regulation 20)Qualifying Service For Pension-Officers Of The General ListThe following periods of service qualify for pension:
(1)Commissioned service. - Period of service as a permanent commissioned officer and, if it is preceded without a break, by service of one or more of the following categories subject to the refund to Government of the gratuity, if any, other than war gratuity, received in respect of such service namely-
(a)Service as commissioned officer in the Army, Indian Navy or Air Force, irrespective of the type of commission;
(b)Mobilised commissioned service in the Indian Naval Reserve/Indian Naval Volunteer Reserve or called up service as an officer of the late Army in India Reserve of officers or called up commissioned service in the Indian Air Force Volunteer Reserve;
(c)Embodied or called out commissioned service as an officer of the late Indian Territorial Force or of the late Auxiliary Force (India) or of the Territorial Army [or the Auxiliary Air Force] [Added by S.R.O. 56, dated 13th February, 1973.]
Provided that-
(a)any service which was forfeited for seniority, and
(b)any period of unauthorised absence unless pay and allowances are admitted for the period of absence shall not be regarded as qualifying service;
(2)Service as Branch List Officer and pre-commissioned service. - (a) All the periods of qualifying service as :
(i)An officer of the Branch List in the regular cadre including such service as Warrant officer or Commissioned Warrant Officer, mobilised service in the reserve (including service rendered on T-124 X agreement), or service as a short service commissioned officer of the Branch List, if followed by permanent commissioned service without a break ;
(ii)Junior Commissioned Officer or Warrant Officer, Class I, of the Army or Warrant Officer or Master Warrant Officer of the Air Force (including service rendered during World War II and continuously thereafter), immediately followed by commissioned service;
(b)[Two-thirds] [SUbstitued by S.R.O. 309, dated 5th September, 1974] of the period of qualifying service, including the period of service rendered during World War II and continuously thereafter, in any ranks below that of:
(i)Brach List Officer of the Indian Navy;
(ii)Junior Commissioned Officer or Warrant Officer Class I of the Army or Warrant Officer of the Air Force; immediately followed by commissioned service direct or service as a junior Commissioned officer or Warrant Officer Class I of the Army or Branch List Officer of the Indian Navy or Warrant Officer of the Indian Navy or Warrant Officer of the Air Force which in turn is immediately followed by commissioned service;
Explanation. - The provisions of this clause are applicable subject to the gratuity, if any, other than war gratuity, received in respect of such service being refunded to the Government;
(3)All periods of leave, excluding, in the absence of specific authorization by the Central Government, the period of leave without pay;
(4)
(a)In the case of an officer who is not brought to trial or who emerges from a court martial with results favourable to him, the whole period of suspension; and
(b)in other cases, such period of suspension, if any, as is ordered by the Central Government to so qualify;
(5)
(a)Service under the Central Government or a State Government;
(b)Service under a foreign Government or a local body or an autonomous Corporation or a Municipality or other institution, provided that a pension contribution is paid to the Central Government by the officer or, if under the general or special arrangement the borrowing authority is to bear the contribution then by such authority;
(6)[ (i) in the case of officers who are granted commission after the 1st July, 1966, any period of former continuous civil service/non combatant (Enrolled) service (including service governed by the Civil Service Regulations as checker, store-keeper, artificer, draughtsman, in the late Indian Army Clerical Corps, Army Ordnance Corps, Army Supply Corps) in a temporary or permanent capacity followed by commissioned service without a break to the extent indicated below:] [Substitued by S.R.O. 309, dated 5th September, 1974.]
(a)all pensionable gazetted class I or class II civil service, in full;
(b)all pensionable non-gazetted civil service rendered in an appointment, the initial pay of which is Rs. 200 per month or more, in full;
(c)all pensionable non-gazetted civil service rendered in an appointment, the initial pay of which is less than Rs. 200 per month, 2/3rd.
(ii)in the case of officers serving on the 1st July, 1966, their previous civil service shall be assessed either under sub-clause (i) or to the extent as indicated below, whichever is more beneficial:
(a)all pensionable gazetted service, in full;
(b)all pensionable non-gazetted service rendered in a substantive capacity in a permanent appointment, the initial pay of which is Rs. 80 per month or more (Rs. 130 per month in respect of civil service rendered under the Central Government in the revised scales as introduced with effect from the 1st July 1959 or under a State Government after revision of scale of pay by merger of dearness allowance), in full;
(c)all pensionable non-gazetted service rendered in a substantive capacity in a permanent appointment, the initial pay of which is less than Rs. 80,00 per month (less than Rs. 130 per month in respect of civil service rendered under the Central Government in the revised scales as introduced with effect from the 1st July, 1959 or under a State Government after revision of scale of pay by merger of dearness allowance), in half.
Explanation. - For purposes of pension under the New Pension Code, officers who complete a total of fifteen years' commissioned service qualifying for pension but whose total qualifying service (including civil service permitted to count for Naval Pension) is less than twenty years, shall be treated as 'late entrants', provided that they otherwise fulfil other conditions prescribed for becoming eligible for a late entrant's pension.
(iii)The former pensionable civil service shall count, towards retiring gratuity to the following extent:
(a)Under the New Pension Code.-Such pensionable civil service, as counts in full for naval pension under clause (ii) above.
(b)Under the Old Pension Code-No portion of civil service shall count.
(iv)The counting of the civil service shall be subject to the following conditions :
(a)no pension or gratuity had been drawn in respect of the civil service;
(b)either the officer has rendered a total of ten years commissioned service qualifying for pension/gratuity or at least half the total qualifying service has been rendered as a commissioned officer.
Explanation 1. - The conditions stipulated in item (b) shall not apply in the case of officers who are invalided from the service.Explanation 2. - In the case of officers having temporary civil service only and who did not retain a lien on their civil appointments, the period of joining time and pre-commissioned training as cadet shall not be treated as a break, but it shall not count for pension or gratuity.Explanation 3. - The limit of initial pay of Rs. 200 mentioned above will be subject to revision as and when civilian scales of pay undergo a major revision.
(7)Any other period of service to the extent and subject to the conditions specified in this behalf by the Central Government.Qualifying Service For Pension-Officers Of The Branch ListThe following periods of service qualify for pension:
(1)Period of service as an officer of the Branch List in a regular cadre including such service as a Warrant Officer or Commissioned Warrant Officer, and full pay mobilised service in the reserve (including service rendered on T-124 X agreement), or service as a short service commissioned officer of the Branch List, if followed by permanent commissioned service in the Branch List without a break;Provided that-
(a)
(i)any service which was forfeited for seniority; and
(ii)any period of unauthorised absence unless pay and allowances are admitted for the period of absence, shall not be regarded as qualifying service; and
(b)any gratuity, other than war gratuity received in respect of such service is refunded to the Government;
(2)Pro-commissioned service. - (a) Period of service as a junior Commissioned Officer or Warrant Officer Class I of the Army or Warrant Officer/Master Warrant Officer of the Air Force.All qualifying service as a junior Commissioned Officer or Warrant officer, Class I of the Army or Warrant Officer or Master Warrant officer of the Air Force (including service rendered continuously during World War II, and thereafter) immediately followed by commissioned service as a Branch List Officer;
(b)One-half of the period of qualifying service including service rendered continuously during World War II and thereafter, in the ranks below that of
(i)Branch List Officer of the Indian Navy;
(ii)Junior Commissioned Officer/Warrant Officer Class I of the Army or Warrant Officer of the Air Force, immediately followed by commissioned -service as a Branch List Officer or by service as a junior Commissioned Officer, Warrant Officer Class I of the Army or Warrant officer of the Air Force;
(3)All periods of leave, excluding in the absence of specific authorization by the Central Government, the period of leave without pay;
(4)
(a)In the case of an officer who is not brought to trial or, who emerges from court martial with results favourable to him, the whole period of suspension;
(b)In all other cases such period of suspension, if any, as is decided by the Central Government to so qualify;
(5)
(a)Period of service under the Central Government or a State Government,
(b)Period of service under a foreign state or a local body or an autonomous Corporation or a Municipality or other institution, provided that a pension contribution is paid to the Central Government by the Officer himself or under general or special arrangement the borrowing authority is to bear contribution by such authority;
(6)Any period of pensionable civilian service to the extent to which it is permitted to qualify for pension as a commissioned officer of the Branch List under any general or specific orders of the Central Government;
(7)Any other period of service to the extent and subject to the conditions specified in this behalf by the Central Government.Appendix IV(See Regulation 22)Reckoning Of Paid Acting Rank For Purposes Of Retiring Pension
(1)An officer holding permanent commission who retires from service and becomes eligible for a pension, shall have his pension assessed with reference to a standard rate of retiring pension of Rupees Six hundred and twenty only per mensem for a standard period of qualifying service for 24 years, provided-
(a)he has held the substantive rank of Lieut-Commander for at least two years more than the minimum period of service required to be served in that substantive rank in order to be eligible for promotion to the substantive rank of Commander under the promotion rules in force at the time of his retirement.
(b)[ He has been found fit in all respects for promotion to the substantive rank of Commander but has not been so promoted owing to insufficiency of vacancies in the substantive cadre.] [Substoitued by S.R.O. 309, dated 5th September, 1974]
(c)he retires with the paid acting rank of Commander after holding that rank for an aggregate period of not less than four years, of which not less than three years shall be continuous.
Explanation 1. - For purposes of clause (a) the required period of service in the substantive rank of Lieut-Commander will commence from the effective date from which substantive promotion to such rank has been notified in the gazette.Explanation (2). - For purposes of clause (c)-
(i)an officer will be deemed to have retired with the paid acting rank of Commander if his reversion to substantive rank immediately prior to retirement is solely on account of the commencement of the furlough portion of his leave pending retirement or his invalidation out of service.
The period subsequent to reversion to substantive rank will not, however, be taken into account in reckoning the necessary service limits.
(ii)Any paid acting rank held by the officer higher than that of Commander will be equated to that paid acting rank.
(iii)An officer will be deemed to have held paid acting rank continuously in cases where an interruption of continuity is afterwards cancelled by a retrospective restoration of the paid acting rank by competent authority in accordance with the rules regulating retention of such rank.
(2)An officer who retires in the substantive rank of Commander but has held that rank substantively for less than two years will also be eligible for the pensionary benefit mentioned above subject to the fulfilment of conditions (a) and (c) above. For the purpose of calculating the necessary service-limits under clause (c) of para 1 above, the period during which the officer held the rank of Commander in a substantive capacity will also be taken into account.
(3)In all other respects, the pensionary entitlement of an officer to whom this Appendix applies, will be regulated by these Regulations.Appendix V(See Regulations 43, 101, 109)Nature, Assessment And Attributability Of Disability And Entitlement To Disability PensionEntitlement Rules