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Union of India - Section

Section 199 in The Navy (Pension) Regulations, 1964

199. Payment of pension or gratuity in respect of deceased beneficiaries.

(1)Subject to the provisions of sub-regulations (2) and (3), arrears of pension due to the estate of a deceased pensioner claimed within three years of his or her death shall be investigated and paid to the heirs of the deceased by the officer responsible for the payment after such enquiry into the right and title of the claimant as he may deem sufficient. If there is reasonable doubt regarding the claim or title, the payment shall only be made to the administrator appointed by the civil court.
(2)Any claim to arrears of pension
(a)preferred after the expiry of three years from the date of death of the pensioner,
(b)exceeding Rupees one hundred preferred after twelve months from the date of death of the pensioner, or
(c)for a period exceeding twelve months shall require the sanction of the Controller of Defence Accounts (Pensions) before payment.
(3)Claims to arrears of pension on account of deceased Gorkha pensioners drawing pension from any of the following treasuries shall, however, subject to the conditions laid down above, be disposed of finally by the officers specified against that treasury instead of by the pension disbursing officer or the Controller of Defence Accounts (Pensions):
Kathmandutreasury MilitaryAttache/Assistant Military Attache to Indian Embassy at Nepal.
Gorakhpurtreasury TheRecruiting Officer or Deputy Recruiting Officer and RecordOfficer or Assistant Recruiting Officer for Gurkhas, Kunraghat.
Darjeelingtreasury TheDeputy Recruiting Officer and Record Officer or AssistantRecruiting Officer, Ghoom, Darjeeling.
Darbhanga& Purnea treasuries TheDeputy Recruiting Officer and Record Officer or AssistantRecruiting Officer, Ghoom, or the Collectors, Darbhanga andPurnea, as the case may be.
Bahraichand Gonda treasuries RecruitingOfficer or Deputy Recruiting Officer and Record Officer orAssistant Recruiting Officer for Gorkhas, Kunraghat (Gorakhpur)or Deputy Commissioner, Bahraich and Gonda, as the case may be.
(4)When the exact date of a pensioner's death cannot be ascertained, the Controller of Defence Accounts (Pensions) shall have the power to admit arrears of pensions for the entire month in which the casualty occurred, but when the month or year of death is not known the payment of arrears shall be limited to a period of one month.
(5)In the case of Gorkha pensioners, the certificates of death and heirship granted by the mukhia of the Government of Nepal shall be counter signed by the Military Attache or Assistant Military Attache to the Indian Embassy, Nepal or the Recruiting Officer, the Deputy Recruiting Officer and the Record Officer, the Assistant Recruiting Officer for the Gorkhas, Kunraghat, or Ghoom, as the case may be.
(6)In the case of a claim to gratuity already admitted but the payment whereof has not been made, the Controller of Defence Accounts (Pensions) or Controller of Defence Accounts (Navy) as the case maybe, may sanction its payment, depending on the circumstances of the case if an application therefor is submitted by the claimant within five years from the date on which the claim originally fell due. Cases where the application for the payment of gratuity is submitted by the claimant after the expiry of five years from the date on which the claim originally fell due shall be submitted for orders of the Central Government.