Section 82 in The Orissa Local Fund Service (Pension) Rules, 1980
82.
(1)The administrative sanction accorded under Rule 81 shall lapse if the medical examination does not take place within the period prescribed in the sanction order. If the applicant does not appear at such examination before the said medical authority within the prescribed period the sanctioning authority may at its discretion, renew administrative sanction for a further period of three months without obtaining a fresh application for commutation of pension. The applicant may withdraw his application by written notice at any time before medical examination takes place ;Provided that, if the medical authority directs that his age for the purpose of commutation shall be assumed to be greater than his actual age, the applicant may withdraw his application in writing and send to Government within two weeks from the date on which he receives intimation of the medical authority.If the applicant does not withdraw in writing his application within the period of two weeks prescribed above, he shall be assumed, to have accepted the sum offered.(2)Subject to provisions contained in Sub-rule (1) the commutation shall become absolute that is the title to receive the commuted portion of the pension shall cease and the title to receive the commuted value shall accrue, an the date on which authority signs the medical certificate. Payment of the commuted value shall be made as expeditiously as possible but in the case of an impaired life no payment shall be made until either a written acceptance of the commutation has been received or the period within which the application for commutation may be withdrawn has expired. Whatever the date of actual payment the amount paid and the effect upon the pension shall be the same as if the commuted value was paid on the date on which commutation becomes absolute. If the commuted portion of the pension has been drawn after the date on which the commutation becomes absolute, the amount drawn shall be deducted from the amount payable in commutation.Note 1-If in the case of an impaired life the applicant wishes to reduce the amount to be commuted within the period of two weeks allowed in this rule, the original applications will be considered as withdrawn and the request treated a1 new application.Note 2-A person who is allowed provisionally to commute a portion of his pension not exceeding rupees twenty-five and who anticipates that the final amount of pension that he would be entitled to commute might exceed rupees twenty-five shall indicate fact in his application in case he desires to commute a sum exceeding rupees twenty-five. The sanctioning authority shall in such cases arrange for medical examination as if the amount to be commuted exceeds rupees twenty-five. In case such fact is not indicated the employee shall be permitted on finalisation of the amount of his pension to commute the difference between the amount of pension originally commuted and rupees twenty-five without further medical examination, if the original amount commuted together with the difference referred to does not exceed rupees twenty-five. If the same exceeds rupees twenty-five, the commutation of any further sum, if admissible, shall be treated as fresh commutation and allowed subject to examination by a Medical Board.The commutation in respect of difference of the amount of the portion of pension to be commuted for which the medical examination is conducted, shall take effect as the date on which the Medical Board signs its report.Note 3-A pensioner whose application for the commutation of a portion of his pension is expressed as a percentage or traction of the total pension admissible to him and who is allowed in the first instance to commute such percentage or fraction of 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. He shall not be required to apply afresh for commutation of the difference between the fraction or percentage of the final pension and anticipatory pension or provisional pension. As the commutation in such cases is payable in two instalments the report of the Executive Officer will have to be called in Part-II of Form No. 'G' for commutation of pension twice. A fresh sanction of the competent authority for the difference of the commuted value, i.e., the maximum value accrued minus the value commuted provisionally will also be necessary, regard however being had to the need for further medical examination as per Note 1 above.
