Section 13 in All India Services (Death-Cum-Retirement Benefits) Rules, 1958
13. Invalid gratuity or pension.
(1)Where the Government has reason to believe that a member of the Service is suffering from:(a)a contagious disease or(b)a physical or mental disability which in its opinion interferes with the efficient discharge of his duties. It may direct him to undergo medical examination with a view to retire him from service on invalid gratuity or pension, as the case may be.A member of the Service also may, if he feels that he is not in a fit state of health to discharge his duties, apply to the Government for retirement on invalid gratuity or pension as the case may be.(2)An invalid gratuity or pension and death-cum-retirement gratuity where admissible shall be granted to a member of the Service who having appeared under the direction of the Government or on his own application before a duly, constituted Medical Board, is certified that Medical Board, by bodily or mental infirmity, to be permanently incapacitated for further service. [The family of a member of the service who retires or is retired under this rule shall be entitled to the benefits of the family pension as laid down in Rule 22 [omitted] [Inserted w.e.f. 1.6.64 vide MHA Notification No. 29/11/65-AIS(II) dated 5.2.66.].(2A)[ Notwithstanding anything contained in sub rule (2), relief against rise in the cost of living index shall be granted to every such member of the Service at such scales and in such manner as may be prescribed by the Central Government from time to time for officers of the Central Government Civil Services, Class-I.] [Inserted w.e.f. 1.1.73 vide DP&AR Notification No. 33/20/73-AIS(II) dated 31.5.75.](3)The medical certificate of incapacity shall be attested:(a)if the member of the Service is on leave out of India, by a Medical Board to be convened for the purpose by the Indian Mission in the country in which the member of the Service is on leave;(b)in other cases, by the Medical board to be convened by the Chief Administrative Medical Officer of the State in which the member of the Service is on duty or on leave. The Chief Administrative Officer, shall, wherever practicable, preside over such a Board.(4)Save where he is on leave out of India no member of Service shall apply for a medical certificate of incapacity and no such certificate shall be granted unless -(a)the applicant produces evidence to show that the Government is aware of his intention to appear before the Chief Administrative Medical Officer; and(b)the Chief Administrative Medical officer is informed about the age of the applicant as recorded in his history of services and is supplied with a statement of the leave taken by him during the three years immediately preceding and of the history of the medical case and the treatment adopted as far as possible.(5)If the medical Board, although unable to discover any specific disease in the member of the Service, considers him incapacitated for further service by general debility while still under the age of [fifty eight years] [Substituted for 'Fifty Five Years' vide MHA Notification No. 29/47/61-AIS(II) dated 25.5.63.], it shall give detailed reasons for its opinion. Wherever possible a second medical opinion shall in such cases be obtained.Note - In a case of this kind, a statement giving the grounds on which it is proposed to invalidate a member of the Service shall be forwarded to the Medical Board by the Government under whom he is serving.(6)A certificate that inefficiency is due to old age or natural decay from advancing years shall not be deemed to be sufficient for retiring a member of the Service on invalid gratuity or pension.(7)The Medical Certificate shall be in the form set forth in Schedule 'C'.
