Pension Regulations for the Army, Part-I (2008) PDF

1 PENSION REGULATIONS FOR THE ARMY, PART-I (2008) CHAPTER -I SECTION – 1: General SHORT TITLE AND COMMENCEMENT 1. These Regulations shall be called the Pension R...

1 PENSION REGULATIONS FOR THE ARMY, PART-I (2008) CHAPTER -I SECTION – 1: General SHORT TITLE AND COMMENCEMENT 1. These Regulations shall be called the Pension Regulations for the Army, Part-I (2008) and shall come into force with effect from 1st July 2008. APPLICATION 2. (a) Unless otherwise provided, these Regulations shall apply to the (i) Permanent Commissioned Officer of the Army, including Military Nursing Service Officer, Territorial Army Officer, Short Service Commissioned Officer and Emergency Commissioned Officer (ii)Personnel Below Officer Rank (including those granted honorary commission while on the effective list) of regular Army Defence Security Corps and Territorial Army. (b) Unless otherwise provided, all claims to pension, gratuity or allowance shall be regulated by the Regulations in force at the time of individual’s retirement, release, resignation, discharge, invalidment, death etc., as the case may be. (c) The day on which an individual is retired or is released or is discharged or is allowed to resign, or is invalided out from service or dies in harness, as the case may be, shall be treated as his last day in service. Provided that in the case of an individual who is retired prematurely or who retires voluntarily, the date of retirement shall be treated as a non-working day. INTERPRETATION OF REGULATIONS 3. (a) Any doubt or difference of opinion regarding interpretation of these Regulations or any particular Regulation shall be referred to the Central Government, whose decision thereon shall be final. (b) Cases not covered by these Regulations but deemed worthy of special consideration, may be submitted to the Central Government through usual channels and Accounts Officer concerned for a decision. DEFINITIONS 4. For the purpose of these Regulations, unless the context otherwise requires:- (i) Accounts Officer: Shall mean Principal Controller of Defence Accounts (Pensions), Controller of Defence Accounts (Officers) and Principal Controller of Defence Accounts concerned under  2 whose jurisdiction Pay Accounts Officer (Other Ranks) function. (ii) Active List Shall mean service in the Army whether on full pay or otherwise before retirement and shall not include recalled or re- employed service. (iii) Armed Forces Means Army, Navy, Air Force, Defence Security Corps and Territorial Army except Civilians. (iv) Emoluments Shall mean as defined in regulation 27 of these Regulations (v) Government Shall include – dues (a) dues pertaining to Government accommodation including arrears of license fee, if any, (b) dues other than those pertaining to Government accommodation namely, balance of house building or conveyance or any other advance, over payment of pay and allowances or leave salary and arrears of income tax deductible at source under the Income Tax Act, 1961(43 of 1961). (vi) Gratuity Includes service/retiring/retirement/death/family/ invalid/ special/terminal gratuity. (vii) Officer Officer means a person Commissioned, gazetted or in pay as an Officer in the Regular Army including Military Nursing Service and Territorial Army. (viii) Pension Shall include gratuity except when the term pension is used in contradistinction to gratuity but does not include dearness Relief. (ix) Personnel Below Means a person other than an Officer and includes Officer Rank Junior Commissioned Officer, Non-Commissioned Officer, and Hony. Commissioned Officer belonging to regular Army, Defence Security Corps and Territorial Army. (x) Public Claim Shall be held to mean any public debt or disallowance including any over issue made through an error as to the fact, or a deficiency or irregular expenditure of public money or stores of which after due investigation, no explanation satisfactory to the President is given by the person who is responsible for same. (xi) Retired List An Officer is said to be on the retired list if he has served in the regular Armed Forces as a Permanent Commissioned Officer and has retired therefrom or otherwise placed on the retired list according to the Regulations in force from time to time, and an Officer is deemed to be on the retired list even if he has been recalled or re-employed in the Armed Forces. Pension Regulations for the Army, Part -I (2008)  3 (xii) Service Personnel Includes Officer and Personnel Below Officer Rank. KIND OF PENSIONARY AWARDS 5. (i) Retiring Pension/Service pension (ii) Retiring gratuity /Service gratuity (iii) Special pension/Special gratuity (iv) Invalid pension/ Invalid gratuity; (v) Retirement gratuity/ Death gratuity. (vi) Disability pension/ War injury pension (vii) Ordinary family pension /Special family pension /Liberalized family pension (viii) Dependant pension/Second life award of Special family pension/Liberalized family pension (ix) Family gratuity. LIMITATION ON NUMBER OF PENSIONS 6. Except where otherwise specifically provided for, an individual shall not earn more than one pension under these Regulations for the same service or post at the same time or for the same continuous service. GRANT OF PROVISIONAL PENSION 7. (a)(i) An individual against whom any disciplinary proceedings under the Army Act, 1950 or judicial proceedings are pending / instituted may, on his retirement/release/discharge/invalidment, be authorized by the Principal Controller of Defence Accounts (Pensions), a provisional pension not exceeding the maximum pension which would have been admissible to him on the basis of the qualifying service upto the date of retirement/release/discharge/invalidment, or if he was under suspension on the date of retirement /release/discharge/invalidment, upto the date immediately preceding the date on which he was placed under suspension. (ii) The provisional pension shall be authorised during the period commencing from the date following the date of retirement/release /discharge/invalidment upto and including the date on which, after the conclusion of the disciplinary or judicial proceedings, final orders are passed by the competent authority. (iii) No gratuity (including retirement gratuity) shall be authorised until the conclusion of such proceedings and issue of final orders thereon. (iv) No commutation of the provisional pension shall be permitted. (b) Payment of provisional pension as mentioned in clause (a) (i) above, shall be adjusted against the final retirement benefits that may be sanctioned to such service personnel upon conclusion of such proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or where final pension is reduced or withheld either permanently or for a specified period. Pension Regulations for the Army, Part -I (2008)  4 PENSION SUBJECT TO FUTURE GOOD CONDUCT 8. (a) Future good conduct shall be an implied condition for every grant of pension or allowance and its continuance under these Regulations. (b) The competent authority may, by an order in writing, withhold or withdraw a pension or a part thereof whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct. Provided that where only a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount of minimum pension fixed by Government from time to time. (c) Where a pensioner is convicted of a serious crime by a court of law or by court martial or is found guilty of grave misconduct, action under clause (b) above shall be taken in the light of the judgment of the court relating to such conviction. (d) In a case not falling under clause (c) above, as well as other cases where the competent authority considers that the pensioner is prima facie guilty of grave misconduct, the competent authority before passing an order under clause (b) above; (i) serve upon the pensioner a notice specifying the action proposed to be taken against him and the ground on which it is proposed to be taken against him and calling upon him to submit, within 15 days of the receipt of the notice or such further time not exceeding 15 days as may be allowed by the competent authority, such representation as he may wish to make against the proposal, and (ii) take into consideration the representation, if any, submitted by the pensioner under sub clause (i) above. Notes: 1. The expression ‘serious crime’ means an offence under the Indian Penal Code 1860 or Official Secrets Act, 1923 or any other law for the time being in force in the country for which the maximum punishment prescribed under the law is imprisonment for a period of 3 years or more with or without a fine. 2. The expression ‘grave misconduct’ includes the communication or disclosure of any secret official code or password or any sketch, plan, model, article, note, document or information, such as is mentioned in Section 5 of the Official Secrets Act, 1923 (19 of 1923) (which was obtained while holding office under the Government) so as to prejudicially affect the interest of the general public or the security of the State. RIGHT TO WITHHOLD OR SUSPEND OR DISCONTINUE PENSION 9. (a) In circumstances to be determined by the competent authority or as may be specified in these Regulations, the pension including the commuted value thereof which has not been paid or gratuity to be granted to an individual, or any portion of it, may be withheld, suspended or discontinued. In exceptional cases payment of part or whole of the pension, allowance or gratuity withheld or suspended may, by an order of the competent authority be made to the wife or other dependant(s) of the pensioner. Pension Regulations for the Army, Part -I (2008)  5 (b) This Regulation may be invoked under the following circumstances - (i) Offences against the State during the period of service, including service rendered upon re-employment after retirement, as listed in Chapter-VI of the Indian Penal Code. Relevant provisions of the Indian Penal Code are reproduced below - (1) Waging or attempting to wage war or abetting waging of war against the Government of India; (2) Conspiracy to commit offence punishable by section 121 I.P.C. (3) Collecting arms etc. with intention of waging war against the Government of India. (4) Concealing with intent to facilitate design to wage war. (5) Assaulting President, Governor etc. with intent to compel or restrain the exercise of any lawful power. (6) Sedition. (7) Waging war against any Asiatic power in alliance with the Government of India. (8) Committing depredation on territories of powers at peace with the Government of India. (9) Receiving property taken by war or depredation mentioned in sections 125 and 126 Indian Penal Code. (10) Public servant voluntarily allowing prisoner of State of war to escape. (11) Public servant negligently allowing such prisoner to escape. (12) Aiding escape of, rescuing or harbouring such prisoner. (ii) Other serious crimes under Indian Penal Code, Official Secrets Act or any other special law of the land and grave misconduct; as defined in Notes to Regulation 8 of these Regulations. (iii) To recover the whole or part of any pecuniary loss caused to the Government in cases where in any departmental or judicial proceedings, the pensioner/individual is found guilty of misconduct or negligence committed during the period of service including service rendered on re-employment after retirement/discharge, leading to the said loss; (iv)Unauthorized by continuing to occupy the residential accommodation including hired one provided by the Government; (v) When a report is received after sanctioning the pension, that departmental or judicial proceedings (for the offences committed while in service or during the period of re-employment) are in progress against the individual; (vi)When an individual obtains re-employment after retirement without obtaining prior permission of the competent authority where required; and, (vii) Any other circumstances considered special by the Central Government. Pension Regulations for the Army, Part -I (2008)  6 PERSONNEL IN CIVIL GOVERNMENT EMPLOYMENT 10. An individual loaned for Civil Government employment irrespective of whether he is on Civil or Army rates of pay, shall be governed by the Central Civil Services (Extra- Ordinary Pension), Rules for the purpose of an extra-ordinary pensionary award in respect of injuries received or death during such employment. The benefits admissible for the purpose of similar awards under these Regulations will be allowed in relaxation of the provisions of the Central Civil Services (Extra- Ordinary Pension), Rules, if these benefits are more advantageous than those admissible under the Civil Rules. ATTACHMENT OF PENSION BY CIVIL COURTS 11. No pension whether due or to become due can be attached by process of any court until it has actually been paid. No pensioner can assign or sell any interest in respect of a pension not then due. GRANT OF DEARNESS RELIEF ON PENSION/ FAMILY PENSION 12. (a) Dearness Relief against price rise may be granted to the pensioners and family pensioners at such rates and subject to such conditions as the Government may specify from time to time. (b) If a pensioner is re-employed under the Central or State Government or a Corporation/Company/Autonomous Body/Bank under them in India or abroad including permanent absorption in such Corporation/Company/ Autonomous Body/Bank except as in clauses (d), (e) and (f) below, he shall not be eligible to draw dearness relief on pension except as in clause (d) below during the period of such re-employment and he shall be required to furnish a certificate of non-employment or re-employment once in a year in the month of November. (c) In the event of non-production of above mentioned certificates, the payment of dearness relief on pension shall be stopped until the pensioner produces the same. (d) The payment of dearness relief shall be allowed to re-employed Armed Forces pensioners in the case of those who held the rank below the rank of Commissioned Officer, subject to furnishing a certificate to the Pension Disbursing Authority from Central Government Department concerned including subordinate organisation employing Armed Forces Pensioners and maintaining service records of the re-employed pensioner retired from military service that – (i) The entire amount of pension sanctioned by the Central Government was ignored in the fixation of the pay on re-employment i.e. no part of pension was taken into account in such fixation of pay in the pay scale of the post in which the Armed Forces personnel was re-employed. (ii) The pay of the re-employed pensioner was/is fixed at the minimum of the pay scale of the post in which he had/has been re-employed after discharge from Armed Forces. Pension Regulations for the Army, Part -I (2008)  7 (e) The payment of dearness relief on family pension to employed family pensioners shall remain payable during the period of employment. (f) A pensioner employed outside India under a Foreign Government or a private organisation shall remain eligible for dearness relief on pension/family pension. Explanation: Pensioner who held the rank of Officer is not entitled for dearness relief on his pension during the period of his re-employment. EX-SERVICEMEN CONTRIBUTORY HEALTH SCHEME (ECHS) 13. (a) The Ex-servicemen Contributory Health Scheme has been made compulsory for all pensioners/family pensioners except Gorkha pensioners of Nepal domicile and pensioners of Defence Security Corps and Territorial Army. (b) Recovery of Ex-servicemen Contributory Health Scheme contribution as prescribed from time to time shall be made by Principal Controller of Defence Accounts (Pensions) Allahabad from the retirement gratuity/death gratuity. Notes: 1. Individual in receipt of war injury pension and liberalized family pension is exempted from payment of contribution under Ex-servicemen Contributory Health Scheme. 2. Pensioners of Regular Army who join Defence Security Corps as second career remain eligible for Ex-servicemen Contributory Health Scheme. 3. Personnel of Territorial Army of the following categories are entitled for Ex- servicemen Contributory Health Scheme. (i) Pension holders for continuous embodied Service. (ii) Persons with disability attributable to military service. (iii)Gallantry award winners. (c) A fixed medical allowance @ Rs. 100/- per month shall be payable to pensioner/family pensioner of Nepal domicile, Defence Security Corps and Territorial Army, who are not covered under Ex-servicemen Contributory Health Scheme, from the date of commencement of his pension, subject to the fulfillment of other such conditions as the Government may specify from time to time as laid down in Appendix-I of these Regulations. MONETARY ALLOWANCE ATTACHED TO GALLANTARY DECORATIONS 14. Armed Forces personnel granted gallantry decoration viz. Param Vir Chakra, Maha Vir Chakra, Vir Chakra, Ashok Chakra, Kirti Chakra, Shaurya Chakra and Sena Medal (for gallantry) shall be eligible for monetary allowances attached to the above decorations alongwith the monthly pension, in addition, at the rates and subject to the conditions laid down in Appendix-II to these Regulations. NOTE- Division of monetary allowance payable to the widow is not permissible among her children and parents. Pension Regulations for the Army, Part -I (2008)  8 ROUNDING OFF OF PENSION/GRATUITY/COMMUTED VALUE OF PENSION AND OTHER PENSIONARY BENEFITS. 15. (a) The amount of pension/gratuity/ commuted value of a portion of pension finally determined shall be expressed in whole rupees and where it contains a fraction of a rupee, it shall be rounded off to the next higher rupee. (b) Pension/family pension when payable to more than one individual payable for part of a month shall be rounded off in the following manner:- (i) In respect of family pension, where the pension is payable to more than one individuals, each share containing a fraction of a rupee shall be rounded off to next higher rupee except in cases where family pension, if all the shares are put together, exceed the maximum limit of family pension admissible. However, in exceptional and rare case, where the shares of family pension rounded off as above when added, cause an excess over the maximum limit, such case should be referred to Government of India for a decision. (ii) In respect of pension paid for a part of a month due to the death of a pensioner or for any other reason where pension and relief thereon becomes payable in fraction of a rupee shall be rounded off to the next higher rupee. Explanation: The expression, “maximum family pension” should be understood to mean not the whole amount of family pension payable in each case but the maximum ceiling prescribed for family pension admissible at ordinary rates and at enhanced rates. MINIMUM PENSION/FAMILY PENSION 16. If the amount of any kind of pension/family pension admissible under these Regulations works out to less than Rs. 1275.00 per month, it shall be stepped up to Rs. 1275.00 per month and authorized for payment at this rate. Pension Regulations for the Army, Part -I (2008)  9 SECTION – 2 QUALIFYING SERVICE AND RECKONABLE EMOLUMENTS Sub – Section I: Qualifying Service QUALIFYING SERVICE FOR PENSION AND GRATUITY: 17. The term qualifying service shall mean: (a) For Pension – (i) Officer including Military Nursing Service Officer - Actual qualifying service rendered by the Officer plus a weightage (in years) appropriate to the last rank held as indicated below subject to the total qualifying service including weightage not exceeding 33 years. (I) Officer (other than Military Nursing Service, Emergency Commission and Short Service Commission) RANK WEIGHTAGE IN YEARS Lieutenant 09 Captain 09 Major 08 Lieutenant. Colonel. 07 Colonel(Time Scale) 07 Colonel(Selection) 07 Brigadier 05 Major General 03 Lieutenant. General 03 Lieutenant. General (Army 03 Commander /Vice Chief of the Army Staff) Chief of the Army Staff 03 (II) Military Nursing Service Officer Captain 07 Major 06 Lieutenant. Colonel / Colonel / 05 Brigadier Major General 03 (ii) Personnel Below Officer Rank - Actual qualifying service rendered by the individual plus a weightage of 10 years in the case of Sepoy, 8 years in the case of Naik and 6 years in the case of Havildar and 5 years in the case of Junior Commissioned Officer subject to the total qualifying service including weightage not exceeding 30 years in the case of Sepoy, Naik and Havildar and 33 years in the case a Junior Commissioned Officer. Pension Regulations for the Army, Part -I (2008)  10 If qualifying service of a Sepoy, Naik and Havildar is more than 30 years with 5 years weightage, he would continue to get the same. NOTE: - The period of service rendered after the date of countersignature of the proceedings of the medical board, declaring the individual unfit for military service to the date of actual discharge, will be treated as qualifying service to the grant of pension/gratuity. (b) Retirement Gratuity for Service Personnel - Actual qualifying service plus a weightage of 5 years subject to the total qualifying service including weightage not exceeding 33 years. (c) Death Gratuity for Service Personnel - Actual qualifying service rendered plus a weightage of 5 years subject to the total qualifying service not exceeding 33 years. In case actual service is less than 5 years, no weightage shall be given. (d) Retiring/Service/Invalid/Terminal Gratuity for Service Personnel - Actual qualifying service rendered. Notes: 1. There will be no weightage for service personnel who retire prematurely for permanent absorption in Public Sector Undertakings and autonomous bodies. 2. There will be no weightage for service personnel of the Territorial Army. 3. The weightage shall not be reckoned for determining the minimum qualifying service specified for admissibility of retiring/service pension. 4. Full pre-Commissioned service rendered under the Central Government whether in a civil department or in the Armed Forces, shall be taken into account for working out the qualifying service for earning pensionary benefits subject to fulfillment of other conditions. This will also be counted for determining the minimum qualifying service indicated in Regulation 34, 47 & 168 of these Regulations for earning retiring/service pension. 5. Resignation from service, unless it is allowed to be withdrawn in public interest, entails forfeiture of past service except where it has been submitted to take up, with proper permission another appointment under the Government where service qualifies. HALF A YEAR’S PENSION OR GRATUITY 18. (a) In calculating the length of qualifying service, fraction of a year equal to three months and above but less than 6 months shall be treated as a completed one half year and reckoned as qualifying service. The period of nine months and above would, therefore, be two half years. This shall however not be applicable for completing minimum qualifying service for pensionary awards. (b) If the total period of qualifying service of an individual exceeds completed years by 6 months or more, the amount of his pension/gratuity will be computed for the completed Pension Regulations for the Army, Part -I (2008)  11 years plus one half year of his qualifying service including weightage, if any, admissible under these Regulations. SERVICE WHICH QUALIFIES FOR PENSION IN RESPECT OF REGULAR OFFICER 19. The following periods of service shall qualify for pension as regular Commissioned Officer: (a) Service as a Commissioned Officer and officer of Military Nursing Service. (i) Previous service as Officer in the Army, Navy and Air Force irrespective of the type of commission, jointly or severally, subject to the refund in the prescribed manner to the Government, of the gratuity, if any, other than war gratuity, received in respect of such service provided that : (I) any service which was forfeited by special orders, 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, nor any period of ante-date except as provided in clauses (l) and (m) below. (ii) In the case of Engineering Graduates, if Short Service Commission is followed by permanent commission, the period during which an Officer holds Short Service Commission on probation will reckon for the purpose of pensionary benefits. (b) Embodied or called out service as an Officer of the Territorial Army or the Auxiliary Air Force, if it is preceded without a break. (c) Service in the rank below that of Commissioned Officer – Service in the Armed Forces in the rank below that of Commissioned Officer, if followed by Commissioned service without a break subject to the refund of the gratuity in the prescribed manner to the Government, if any, other than war gratuity received in respect of such service. (d) Periods of leave – All kinds of leave including study leave. Any period of leave without pay shall not, however, qualify unless specifically authorised by Government. (e) Period of suspension from duty by order of a competent authority – The period of suspension in the case of an Officer, who is not brought to trial or who is acquitted of the charge(s) by competent court or Authority for which he was placed under suspension. In all other cases, the period passed under suspension shall count for pension only under the orders of the Central Government. (f) Service on deputation under Civil Department or State Government or a Municipality or a Foreign Government - (i) Service under an Office/Department/Ministry of the Central Government or under a State Government. (ii) Service under a Foreign Government or a Local Body or an Autonomous Corporation or a Municipality or other Institution provided that a pension Pension Regulations for the Army, Part -I (2008)  12 contribution is paid by the Central Government or by the Officer himself or by the borrowing authority. (g) Previous pensionable service civil service - Any period of pensionable civil service under Central/State Government if followed by military service, without a break and subject to the condition that gratuity and interest, if any, received in respect of such service being refunded to the Government in the prescribed manner. (h)Previous service in Central Autonomous Bodies - Service rendered in the Autonomous Bodies before and after his take over by the Government followed by service as a Commissioned Officer with or without break. The period of break, if any, will be automatically condoned under the provisions of Regulation 23(a) of these Regulations. Note : Retirement benefits, if any, received for the service rendered in the Autonomous Bodies by the individual, who was in service of those bodies at the time of his being taken over by the Government will be returned to the Defence Services Estimates. The gratuity/employer’s contribution, if any, received by the individual who left the service of Autonomous Bodies prior to his take over by the Government, will be refunded with simple interest at the rate prescribed by the Government from time to time from the date of receipt to the date of refund. ( j ) Period of ante-date of commission and secondment in the case of Officer of the Army Medical Corps and Army Dental Corps- The period of ante-date of commission granted to an Officer in respect of an approved whole time appointment held in a recognised civil hospital prior to commissioning and/or possession of a post graduate diploma/higher qualifications; and the periods of secondment of an Officer for the purpose of attending a course in a recognised institution subject to the following maxima: (i) Ante-date of commission 18 months (ii) Secondment 12 months (iii) When both ante-date and secondment have been granted 24 months Provided that in the case of an Officer who obtains a post-graduate diploma or higher qualifications while in civil service or in temporary military service, the periods of ante-date given for such higher qualifications shall not be allowed to count for pension/gratuity if such civil service or temporary military service counts for pension or gratuity as a Commissioned Officer. However, if the post graduate diploma or higher qualification is acquired either before joining the civil service or after leaving the civil service and before joining the Army Medical Corps or Army Dental Corps, the periods of ante date granted on account of such higher qualifications shall continue to reckon for pension under the existing rules. (k) Period of secondment in case of Military Nursing Service Officer- The period of secondment in the case of Military Nursing Service Officer if not exceeding 12 months in aggregate. Notes: 1. The period of arrest preceding the sentence of rigorous imprisonment by court martial, in which the Officer remains in service and carries out work and Pension Regulations for the Army, Part -I (2008)  13 undergoes military instructions in the Unit itself under the orders and supervision of military authorities, will be treated as qualifying for pension. 2. Period of service not covered by the preceding clauses shall also qualify for pension as a Commissioned Officer to the extent and subject to the conditions under which it has been or may be permitted for purposes of these Regulations by specific Government orders. SERVICE WHICH QUALIFIES FOR RETIRING GRATUITY IN RESPECT OF REGULAR OFFICER 20. Subject to the following modifications in the case of Officer, all service which qualifies in full for pension also qualifies for retiring gratuity, and on the same conditions: (a ) Period spent by an Officer on study leave which qualifies in full for retiring pension shall also qualify for gratuity, provided that service for a minimum period specified by the Government has been rendered from the date of return from the study leave last availed of. This proviso may be relaxed in the case of an Officer who is permitted to retire on account of ill - health within that period. (b) The period of ante-date of commission and secondment allowed as qualifying for pension in the case of Army Medical Corps and Army Dental Corps Officer shall not qualify for gratuity. SERVICE WHICH QUALIFIES FOR PENSION AND GRATUITY IN RESPECT OF PERSONNEL BELOW OFFICER RANK 21. All service from the date of appointment or enrolment/transfer to man’s service and any service rendered before attaining the age of 17 years, from the date of enrolment to the date of discharge shall qualify for pension and or gratuity with the exception of: (i) any period of service on a temporary establishment or for which a special rate of pay is granted on the understanding that no pension is admissible, (ii) any period of unauthorised absence unless pay and allowances are admitted for the period of absence, (iii) any period of absence without leave which is regularised as extra-ordinary leave without pay and allowances, (iv) any period intervening between the date of dismissal/discharge/release and that of its cancellation which is regularised as extra-ordinary leave without pay and allowances, (v) any period of absence as a prisoner of war, unless pay and allowances are admitted for the period of absence, (vi) any period of detention in civil custody before being sentenced to imprisonment or fine, unless the President, as a special case, issues orders reducing the period that shall not count, (vii) any period of imprisonment by sentence of a civil court or of a court martial. Pension Regulations for the Army, Part -I (2008)  14 Notes: 1. The period of arrest preceding the period of rigorous imprisonment by Court Martial, in which an individual remains in service and carries out work and undergoes military instructions in the unit itself under the orders and supervision of military authorities, will be treated as qualifying for pension. 2. In case of claim to disability pension all service from the date of appointment or enrolment to the date of discharge shall qualify for pension or gratuity subject to exception (i) to (vii) above. EFFECT OF FORFEITURE OF SERVICE BY COURT MARTIAL UNDER THE ARMY ACT, 1950. 22. The period of service, which has been forfeited under Section 71(h) of the Army Act, 1950 by a court martial shall not be counted towards the pensionary awards. CONDONATION OF INTERRUPTION IN SERVICE 23. (a) In the absence of a specific indication to the contrary in the service records, an interruption between 2 spells of service rendered in civil or military capacity under Central Government shall be treated as automatically condoned and the pre-interruption service treated as qualifying service for pension/gratuity. (b) Nothing in clause (a) above shall apply to interruption caused by resignation, dismissal or removal from service or participation in strike. (c) The period of interruption referred to in clause (b) above shall not count as qualifying service. Note: In case of Personnel Below Officer Rank, the interruption caused by discharge at own request is not equivalent to resignation. As such the term resignation used in clause (b) above is exclusive of the interruption caused by discharge at own request. SERVICE RENDERED IN AID OF CIVIL ADMINISTRATION 24. Service rendered by service personnel in aid of civil administration shall be treated as military service for the grant of pensionary benefits under these Regulations. RE-EMPLOYMENT OF PERSONNEL BELOW OFFICER RANK IN THE NATIONAL CADET CORPS/AUXILLERY CADET CORPS, AND LOK SAHAYAK SENA 25.(a) Personnel Below Officer Rank re-employed on the instructional or Administrative staff in the National Cadet Corps/Auxillery Cadet Corps/Lok Sahayak Sena shall continue to draw service pension during the period of re-employment in the National Cadet Corps/Auxillery Cadet Corps, And Lok Sahayak Sena and such service shall not count for enhancement of pension. The re-employed service will also not qualify for the grant of terminal gratuity. Pension Regulations for the Army, Part -I (2008)  15 An individual who is not in receipt of pension, will on completion of the period of engagement including the extended period of service with National Cadet Corps/Auxilary Cadet Corps, be eligible for a terminal gratuity for the period of service rendered in NCC/ACC at the rate as admissible for service gratuity under Regulation 55. (b) Disability pensionary awards including constant attendance allowance shall be governed under normal rules but in addition to service pension already in issue, a disability element as admissible to regular personnel will be admissible. Individual who is discharged from service after completion of period of engagement and at the time of discharge found to be suffering from a disability attributable to Military service, may be granted a compensation for functional incapacity at the rate laid down in Regulation 98 (b) for the rank last held, as if he has been discharged on account of that disability. (c) Special family pension shall be admissible at the same rate and under the same conditions as applicable to regular personnel. COMPETENT AUTHORITY 26. The authority competent to exercise powers for the purpose of various Regulations in respect of service personnel and his families shall be as indicated in Appendix III to these Regulations. Sub-Section II: Emoluments RECKONABLE EMOLUMENTS 27. The term ‘reckonable emoluments’ shall mean:- Category Retiring/service/ Family pension All types of gratuities invalid pension Officer Pay including rank Pay including Rank Pay including Rank Pay, pay, dearness pay, Pay, dearness pay, dearness pay, stagnation stagnation increment stagnation increment increment and non- and non-practising and non-practising practising allowance, if allowance, if any allowance, if any, last any, plus dearness drawn drawn allowance admissible on the date of retirement/ invalidment/ death Pension Regulations for the Army, Part -I (2008)  16 Personnel Maximum pay of the Pay & dearness pay Pay & dearness pay Below pay scale, including including classification including classification Officer 50% of the highest allowance, stagnation allowance plus stagnation Rank classification increment, if any, last increment, if any, plus allowance, if any, of drawn by the individual dearness allowance the Rank held and admissible on the date of group in which paid retirement/discharge/ & dearness pay. Invalidment/death Notes: 1. Where an Officer immediately before his retirement or death while in service had been absent from duty on leave (including furlough leave) for which leave salary is/was payable, or having been suspended had been reinstated without forfeiture of service, the emoluments which he would have drawn, had he not been absent from duty or not been suspended, shall reckon for pensionary benefits. Provided that any increase in pay (other than the increment referred to in Note 4 below), which is/was not actually drawn shall not form part of emoluments. 2. Where an Officer immediately before his retirement or death while in service, had proceeded on leave for which leave salary is/was payable, after having held a higher paid acting rank, the emoluments drawn in such paid acting rank, shall reckon for pensionary benefits only if it is certified that he would have continued to hold the paid acting rank but for his proceeding on leave. 3. Where an Officer immediately before his retirement or death while in service had been under suspension or absent from duty, the period whereof does not count as service, the emoluments which he drew immediately before such absence from duty or being placed under suspension, shall reckon for pensionary benefits. 4. Where an Officer immediately before his retirement or death while in service, was on annual leave or furlough leave and earned an increment during such leave which was not withheld, such increment, though not actually drawn, shall form part of emoluments reckonable for pensionary benefits. Provided that the increment was earned during the currency of such leave not exceeding 120 days or during the first 120 days of the leave, where such leave was for more than 120 days. 5. Where an Officer is serving in an organisation other than the Armed Forces, the actual pay and allowances drawn during such service shall not be treated as emoluments, but the basic pay plus non-practicing allowance, rank pay and stagnation increment, if any, which he would have drawn in the Armed Forces, had he not been on such service, shall alone be treated as emoluments reckonable for pensionary benefits. Pension Regulations for the Army, Part -I (2008)  17 6. Where the emoluments of an Officer have been reduced during the last 10 months of his service otherwise than as a penalty, average emoluments as referred to in Regulation 35 shall be treated as emoluments for the purposes of computation of retirement/death gratuity and ordinary family pension. Pension Regulations for the Army, Part -I (2008)  18 CHAPTER – II RETIRING PENSION/RETIRING GRATUITY, SERVICE PENSION/SERVICE GRATUITY AND SPECIAL PENSION/SPECIAL GRATUITY SECTION – 1: Regular Officers Sub-Section – I: General TO WHOM APPLICABLE 28. The Regulations in this Chapter shall apply to Regular Commissioned Officer and Officer of Military Nursing Service. OFFICER CASHIERED DISMISSED REMOVED OR CALLED UPON TO RETIRE 29. (a) An Officer who is cashiered/dismissed under the provisions of the Army Act or removed under the Rules made there under as a measure of penalty, will be ineligible for pension or gratuity in respect of all previous service. In exceptional cases, however, the competent authority on submission of an appeal to that effect may at his discretion sanction pension/gratuity or both at a rate not exceeding that which would be otherwise admissible had he been retired on the same date in the normal manner. (b) An Officer who is compulsorily retired/removed on grounds other than misconduct under the provisions of the Army Act and the Rules made thereunder remains eligible for pension and, or gratuity as admissible on the date of retirement/removal. These will suo- moto apply to cases of dismissal/removal converted into retirement subsequently. (c) All appeals to the competent authority in this regard will be preferred within 2 years of the date of cashiering/dismissal/removal. RETIRED OFFICER RE-EMPLOYED IN AN EMERGENCY OR OFFICER OF THE REGULAR RESERVE RECALLED TO SERVICE 30. (a) The pension of a retired Officer who is re-employed in an emergency in a military capacity and of a class X reserve Officer recalled to service shall be held in abeyance during the period of re-employed/recalled service. However an Officer in receipt of a disability pension will continue to draw the disability element of his pension. (b) The re-employed/recalled service shall not earn an increase in pension or any gratuity. (c) Disability element of disability pension or war-injury element of war-injury pension, constant attendance allowance, special/liberalised family pensionary awards on account of disablement or death due to re-employed/recalled service, shall be at the same rates and subject to the same general conditions as are applicable to other Officer on the active list. Pension Regulations for the Army, Part -I (2008)  19 ACCEPTANCE OF COMMERCIAL EMPLOYMENT BY OFFICER AFTER RETIREMENT WHO ARE GRANTED PENSION, GRATUITY OR OTHER BENEFITS 31. If an Officer who held the rank of Colonel and above, immediately before retirement and who is granted or is likely to be granted a pension/gratuity (including retirement gratuity) or other benefits in respect of his Armed Forces service, wishes to accept any commercial employment before the expiry of one year from the date of his retirement, he shall obtain the prior sanction of the Government to such acceptance and no pension shall be payable to him if he accepts a commercial employment without such sanction in respect of any period for which he is so employed or for such longer period as the Government may direct. Explanations:- 1. The expression “commercial employment” includes:- (a) An employment in any capacity including that of an agent under a company, co-operative society, firm or individual engaged in trading in commercial, industrial, financial or professional business and includes also a directorship of such company and partnership of such firm but does not include employment under a Body Corporate, wholly or substantially owned or controlled by the Government. (b) Setting up of practice either independently or as a partner of a firm as adviser or as consultant in matters in respect of which the pensioner: (i) has no professional qualifications and the matters in respect of which the practice is to be set up or is carried on, are relatable to his official knowledge or experience, or (ii) has professional qualifications, but the matters in respect of which such practice is to be set up are likely to give his clients an unfair advantage by reason of his previous official position. (c) Employment, where the pensioner has to undertake works involving liaison or contact with the Officer or Office of the Government. 2. The expression “date of retirement” including premature retirement in relation to an Officer re-employed after retirement either in the same or in any equivalent post in the Armed Forces, including National Cadet Corps, means the date on which the Officer finally ceases to be re-employed in the Defence Services. 3. The expression, “employment under a co-operative society”, includes the holding of any office, whether elective or otherwise, such as that of president, chairman, manager, secretary, treasurer and the like, by whatever name called in such society. EMPLOYMENT AFTER RETIREMENT UNDER A GOVERNMENT OUTSIDE INDIA 32. An Officer who wishes to accept any employment under any Government outside India shall obtain prior permission of the Central Government for such acceptance. No Pension Regulations for the Army, Part -I (2008)  20 pension shall be payable to a pensioner who accepts such an employment without prior permission in respect of any period as the Central Government may direct. Gratuity where due, but not already paid, shall also be liable to be forfeited in part or in full as the Central Government may, at its discretion, decide. NOTE- Officer other than Army Medical Corps/Army Dental Corps carrying reserve liability shall obtain permission of Government before proceeding abroad and/or acquiring citizenship of a foreign country. Explanations:- 1. For the purpose of this Regulation, the expression, “employment under any Government outside India” includes employment under a Local Authority or Corporation or any other Institution or Organisation which functions under the supervision or control of Government outside India, or an organisation of which Government of India is not a member. Permission will , however, not be granted for acceptance of employment under a foreign mission in India before expiry of at least 3 years from the date an Officer ceases to be in Armed Forces service. 2. The expression “date of retirement” including premature retirement in relation to an Officer re-employed after retirement either in the same or in any equivalent post in the Armed Forces, including National Cadet Corps, means the date on which the Officer finally ceases to be re-employed in the Defence Services. Pension Regulations for the Army, Part -I (2008)