ERRATEP
To Pension Regulatinns, Volume I, (Army) 1986
S/No
1.
2.
3.
4.
5.
6.
Page
6
7
9
10
12
15
7.
16
8.
9.
10.
11.
12.
13.
14.
29
38
38
38
46
48
62
Rule
12
16
17a(9)
17c
19
Note (I) to
Rule 22c
Note (3) to
Rule 22c
47 b
70
70
71a
87b(3)(a) vi
89a
132e
Amendment
In 4th line, word "fied" Should be deleted.
In 2nd line, word "Shall" should be deleted.
In 3rd line, f or word "individual” read “individual”.
In 7th line, for word “enumeratted” read “enumerated”.
In 3rd line, for “Annex C” read “Annex A”.
In 7th line, for “Rule 29” read “Rule 23”.
In 5th line, for “sub rule C” read “sub rule (b)”.
In 3rd line, for word “that:-“ read that;”.
In 2nd line, for word “my” read “any”.
In 4th line, for word “pay” should be deleted.
In 3rd line, for word “well” read “will”.
In 3rd line, for word “authority” read “authority”.
In Ist line, for word “are” read “or”.
For word “procedings” read “proceedings”.
RESTRICTED
The information given in this document is
not to be communicated, either directly or
indirectly, to the press, or to any person not
authorised to receive it.
PENSION REGULATIONS
VOLUME - 1
ARMY
1997
(Incorporating Corrections/order issued upto 31 Dec 1985)
(i)
PREFACE
1
Pension Regulations were last printed in 1986. Eversince the regulations
have undergone a numb5~, of.0anges. A revised edition of “Pension Regulations
for the Army", Vol 1, 1997 has been compiled by updating relevant provisions upto
31st December,1996.
2.
A table of concordance has been added at the end. The table shows the rules in
this edition and the corresponding provisions in the 1986 edition. Other references
on which the revised edition is based is also contained in the table.
3.
These regulations shall be applied reasonably and with due regard to the interests
of the State. No provision has been made for unnecessary and self evident exceptions.
4.
Any errors and omissions should be reported to Regulations Directorate,
AG's Branch, GHQ, Rawalpindi.
Rawalpindi
04 May 1997
(Syed IjIal Haider Zaidi)
Secretary to the Government of Pakistan
Ministry of Defence
(ii)
RECORD OF AMENDMENTS
Serial
No
Amendment No
Rule
Date of
Amended Insertion
Serial
No
Amendment No
Rule
Date of
Amended Insertion
(iii)
RECORD OF AMENDMENTS
Serial
No
Amendment No
Rule
Date of
Amended Insertion
Serial
No
Amendment No
Rule
Date of
Amended Insertion
(iv)
TABLE OF CONTENTS
Serial
Pages
1.
Preface
(i)
2.
Record of amendments
(ii-iii)
3.
Table of contents
(iv~xi)
4.
list of annexes
(xii)
CHAPTER 1 - COMMON PROVISIONS
Rules
5.
The short title, application and commencement
1
6.
Definitions
2
7.
Condonation of deficiency/interruption in service/rank
3
8.
Full rate of pension or gratuity not invariably admissible
4
9.
Grant of pension is subject to future good conduct and may
be withheld, held in abeyance or paid to wife or other
dependents
5
10.
Pension of military pensioner re-employed or continuing to
be employed in a civil capacity
6
11.
Pension to widow or dependents
7
12.
Pension / gratuity of reservists
8
13.
Revision of option
9
14.
Continuance or Discontinuance of pension/allowance when
nationality is changed
Treatment of pensioner participating in politics within two
years of retirement
10
16.
Eligible heirs for special family pension
12
17.
Service rendered in aid of civil power
13
18.
Recovery of public claims
14
15.
11
(v)
Serial
Rules
19.
Death gratuity to widow(s)/heirs
15
20.
Admissibility of death gratuity
16
2 1.
Determination of disabilities/ death attributable to military service
17
22.
Income Tax
18
23.
Indexation / increased of pension
19
CHAPTER 2 - COMMISSIONED OFFICERS
24.
SECTION 1 - GENERAL
Pension of officers who are dismissed / re moved from service
25.
Counting of former service on recommissioning
21
26.
Treatment of Pensioners convicted of serious crimes or guilty
of grave misconduct.
22
20
27.
SECTION 2- PENSION AND GRATUITIES
Assessment of pension
28.
Maximum pension including special additional pension
24
29.
Special additional pension
25
30.
Benefit for extra year of service after completion of service limit
commissioned officers
26
31.
Service qualifying for pension/ gratuity
27
32.
Service not qualifying for pension
28
33.
Grant of pension to officers permitted to retire voluntarily
29
34.
Notice of release/retirement
30
35.
Classification of pension
31
36.
Addition to service of officers recruited/commissioned at
the age of over twenty five years
32
37.
Assessment of service and retirement orders - Procedure
33
38.
Nomination for death gratuity/family pension
23
34
(vi)
Serial
Rules
SECTION 3 - DISABILITY PENSION/CONSTANT
ATTENDANT ALLOWANCE
39.
Service qualifying for disability pension
35
40.
Negligence and misconduct
36
41.
Officer who elect voluntary retirement
37
42.
Refusal to undergo medical treatment/ operation
38
43.
Rates of disability pension
39
44.
Officers invalided out with total disability
40
45.
Constant attendant allowance
41
46.
Grant of disability element to officers of armed forces
suffering from disabilities attributable to military service
in medical categories higher than E
42
SECTION 4 - FAMILY/DEPENDENT PENSION AND CHILDREN ALLOWANCE
47.
Extent of application
43
48.
Basis of assessment of disability, special family pension,
dependent pension and children allowance
44
49.
Rank on which ordinary family pension is assessed
45
50.
Pension cannot be claimed as of right
46
51.
Pension of a widow who dies before establishing her claim
47
52.
Rate of special family pension and dependent pension
48
53.
Conditions of admissibility of special family pension and
children allowance
49
54.
Conditions for the grant of dependent pension
50
55.
56.
Ordinary family pension
Exception in cases of separation of widow from her husband
at the time of his death
51
52
(vii)
Serial
Rules
57
Payment of pension to eligible heirs
53
58.
Purpose for which family Pension is Granted
54
59.
Division of special family pension
55
60.
When payment of widow's pension ceases
56
61.
When payment of children's allowance ceases
57
62.
When payment of parent's pension ceases
58
63.
When payment of brother's and sister's pension ceases
59
64.
Restoration of pension on second widowhood
60
65.
Division of death gratuity
61
66.
Grant of family pension for second life
62
CHAPTER 3 - PERSONNEL BELOW COMMISSIONED RANK
SECTION 1 - GENERAL
67.
Service qualifying for pension
63
68.
Special pension for reservists
64
69.
Service not qualifying for pension
65
70.
Counting of former service for pension, etc
66
71.
Classification of pension of Personnel Below Commissioned Ranks
67
72.
Payment of gratuity to heirs
68
73.
Gratuity for voluntary retirement
69
74.
On resignation of commission
70
75.
Pension of individuals who are dismissed/removed or
dishcarged from service for reasons of indiscipline
or inefficiency
Forfeiture of service for certain offences and its
restoration
71
76.
72
(viii)
Serial
Rules
77.
Withholding or reduction of pension/gratuity
73
78.
Pension of re-employed and re-enrolled persons
74
79.
Only one pension is admissible
75
80.
When gratuity lapses to the state
76
81.
Men invalided on account of
77
82.
Men who aggravate or retard the cure of their disability
78
83.
Men invalided on account of malingering or indulgence
in drugs or drink
79
84.
Circumstances in which pension and gratuity may be withheld
80
85.
Treatment of pensioners who are convicted of serious crime
or guilty of grave misconduct
81
86.
Disability/family pension of individuals when employed on
bomb disposal duties
82
87.
Method of calculation of pension
83
88.
Benefit for Extra Year of Service after Completion of 25 years
Qualifying Service personnel below commission ranks
84
89.
Additional pension
85
90.
Conditions for the grant of additional pension
86
91.
Retiring pension of Honorary Commissioned Officer
87
92.
Special pension
88
leprosy
SECTION 2 - SCALE OF PENSION/GRATUITY
SECTION 3 - DISABILITY PENSION/FAMILY PENSION/DEPENDENT PENSION/CHILDREN
ALLOWANCE/COMPASSIONATE ALLOWANCE/ FUND AND CONSTAN-T ATTENDANCE
ALLOWANCE
93.
94.
95.
96.
Extent of application
Basis of assessment
Disability pension to consist of
Period for which pension is granted
89
90
91
92
(ix)
Serial
Rules
97.
Position of personnel whose disability falls permanently below
class C
93
98.
Position of personnel whose disability falls temporarily below
class C
94
99.
Reduction of pension in cases where compensation for disability
or death has been paid from public revenues
95
100.
Position of an individual whose rank or pay is reduced
96
101.
Refusal to undergo medical treatment or an operation for
disabilities
97
102.
Special family pension and children allowance
98
103.
Option to elect special family pension and children's allowance
when invalided out with total disability
99
104.
Rates and conditions for the grant of special family/dependent
pension and children's allowance
100
105.
Conditions for the grant of dependent pension
101
106.
Admissibility of special family/ dependent pension and children's
allowance in addition to any previous pension
102
107.
Rates of children's allowance
103
108.
Period for which children's allowance is granted
104
109.
Payment of children's allowance to a child who is employed
under government
105
110.
Other conditions for the grant of children's allowance
106
111.
Ordinary family pension
107
112.
Conditions of eligibility for a family pension
108
113.
114.
115.
116.
Conditions governing the payment of a family pension
To whom the original grant of family pension be made
Grant of family pension for second life
Constant attendant allowance
109
110
111
112
(x)
Serial
Rules
117.
Grant of disability element to personnel of the armed
forces suffering from disabilities attributable to military
service in medical category higher than E
113
118.
Purpose for which family pension is granted
114
118.
Date from which a grant of family pension takes effect
115
119.
Division of family pension between eligible widows
116
120.
Division of family pension between eligible heirs
117
121.
Division of death gratuity
118
CHAPTER 1V - MILITARY PENSION (COMMUTATION)
SECTION - 1
122.
Definition of Military Pension and Sanctioning Authorities
119
123.
Limit of commutation
120
124.
Delegation of authority
121
125.
Submission of application and arrangements for medical examination
122
126.
Audit authorities to intimate the sanctioning authority
123
127.
Sanctioning authority may require the individual to appear
before medical board
124
128.
Withdrawal of application, etc
125
129.
When title to receive commuted values accrues
126
130.
Payment of commuted value
127
131.
Reduction of pension by its commuted portion
128
132.
Cancellation of commutation
129
133.
Calculation of commuted value
130
(xi)
Serial
Rules
134.
Date of birth
131
135.
Payment of commuted value in case of death of the pensioner
132
136.
Expenses in connection with commutation not refundable
133
137.
Restoration of pension on the expiry of period of commutation
134
SECTION 2 - PROCEDURE FOR THE COMMUTATION OF PENSION
138.
Procedure for the commutation of pension
135
139.
Pensioner may apply for a second medical examination
136
(xii)
LIST OF ANNEXES
Serial Annex
Title
Page
1.
A
Increase Indexation Proforma - Pension
105
2.
B
Form of declaration
106
3.
C
Commutation Table
107
1
In exercise of the powers conferred by section 1 76A of the Pakistan Army Act,
1952 (XXXIX of 1952), the[0 Federal Government is pleased to make the following
regulations, namely: THE PENSION REGULATIONS, VOLUME-1.1997
1
The short title, application and commencement
a.
These regulations shall be called the Pension Regulations, Volume-1,
1997.
b.
They shall apply to the personnel serving in the Pakistan Army but rules
28, 29 a and 30 shall not apply to non-regular officers.
c.
They shall come into force at once.
2.
Definitions .
subject or context: -
In these regulations unless there is anything repugnant in the
a.
"average emoluments" means the average of the. emoluments earned
by an individual during the last twelve months preceding the day
of'
his release or retirement;
b.
"civilian pensionable service- means the qualifying service for pension
under the Federal or Provincial Governments service rules;
c.
"combatant service" means service as JCO, NCO or other ranks and
includes boy's service and equivalent in the Pakistan Air Force and
active service in the Pakistan Navy;
d.
"effective service" means the service of an individual before his place
merit on release, reserve or retired list;
e.
,engagement" means an engagement and includes extension thereof,
followed without break, by re-engagement;
f.
"military service" includes service in the Pakistan Army, Pakistan
Air Force and Pakistan Navy,
g.
"non-combatant service" means service in the Pakistan Army other
than as enrolled follower in the Armed Forces;
"officer" means a Commissioned officer of the Armed Forces;
"pay elements or emoluments" includes: (1)
in the case of commissioned officers, rank pay including
temporary rank; command / staff / incharge, instructional pay;
ADC pay; special pay. flying pay-~ diving pay; parachute pay,
specialist pay.
h.
i.
2
qualification pay; disturbance pay; specialist engineering pay;
survey pay; technical pay; personal pay; hard ,flying pay, special
service pay in lieu of disturbance pay; dearness allowance;
increments including premature increments sanctioned during
LPR; and any other pay or allowances specifically declared as
reckonable for pension drawn by an officer on the last day of his
service, release or leave pending retirement; and
(2)
In the case of personnel below commissioned rank, rank pay;
appointment pay; disturbance pay; additional pay; instructor pay;
diving pay; special pay; parachute pay; GS pay; survey pay;
acting allowance; badge pay; dearness a116wance; ' increments
including premature increments accrued and sanctioned during
LPR; hard flying pay; pay drawn in paid acting/temporary rank
provided the aforesaid rank has been held for one continuous
year before release, retirement or transfer to reserve; and any
other allowance declared reckonable for pension;
Notes
j.
1
If during the last twelve months of his service, an officer's pay
has been fixed, as a result of revision of the scale of pay of the
post held by him, with retrospective effect but arrear have not
been allowed nor recoveries made in respect of the past period,
his emoluments, for the purpose of calculating the average, shall
be taken at what they would have been if the arrears had not
been disallowed or the recoveries had been made.
2.
An officer, retiring prematurely and restricted to furlough rates of
pay during part of leave pending retirement, his emoluments will
be taken at what he would have drawn had he not been absent
from duty provided it is certified by the administrative authority
that if the officer had not proceeded on leave pending retirement,
he would not have relinquished his command/staff/
charge/appointment and would have continued to draw the pay
attached to such appointment. In such cases command, staff and
charge pay will be taken as part of emoluments.
3.
Increment of pay of an officer, if falls due during leave pending
retirement though not paid, will also be taken as part of emoluments in respect of those officers who retire prematurely.
"pension" includes, except when the expression "pension" is used in
contradistinction to gratuity, gratuity;
3
k.
"public claims" means any public debt, disallowances and includes any
over-issue made through an error as to facts; or a deficiency; an irregular
expenditure of public money or stores of which, after due investigation, no
explanation satisfactory to the competent financial authority is given by the
person who is responsible for the same;
l.
"personnel below commissioned rank" includes JCO, OR granted
honorary commission, other ranks and NCs(E);
m. “premature retirement" means compulsory retirement and includes release
from service before the completion of prescribed age or service limits;
n.
“qualifying service" means the service paid for, and rendered under.
the Government and includes ante-date accepted for the prupose of
pension;
o.
“retirement" means retirement and includes permission to retire,
release, invalidment, transfer to reserve but does not include removal
or dismissal from service; and
p.
"satisfactory service" means the service approved as such by the Chief of
the Army Staff.
3.
4
CHAPTER 1 -COMMON PROVISIONS
Condonation of Deficiency/Interruption in Service/Rank
a.
Officers
(1)
A deficiency in service upto or less than six months shall be
deemed to have been condoned automatically.
(2)
A deficiency of more than six months but less than one year
in service may be condoned by OIC CORO on behalf of
the COAS, jf' the following conditions are satisfied:(a)
The officer dies while in service or retires in
circumstances beyond his control such as
invalidation or compulsorily retired, services being
no longer required, retirement being not due to any
fault of the officer and but for such an eventuality he
would have completed another year 'of qualifying
service; and
(b)
The service rendered by the officer was
satisfactory.
(3)
Deficiency of one full year or more shall not be
condoned.
(4)
The Government may, subject to such condition it may
think fit to impose, condone interruption in the service of
an officer.
(5)
b.
The COAS, may, subject to such condition which he
may think fit to impose, condone a deficiency upto three
months in rank.
Personnel Below Commissioned Rank
(1)
A deficiency of six months or less in the qualifying service shall
be deemed to have been condoned automatically.
(2)
A deficiency of more than six months but less than one year may
be condoned by the Centre Commandant, if the following conditions are satisfied: (a)
The person dies while in service or retires in
circumstances beyond his control, such as on invalidation
or services being no longer required due to no fault of
the individual and but for such an eventuality he would
have completed another year of qualifying service; and
(b)
5
The service rendered by the person was satisfactory.
(3)
Interruption in service upto three months may be condoned by
Centre Commandant and beyond three months by the Government.
(4)
A deficiency of one full year or more shall not be condoned.
(5)
The Centre Commandant may, subject to such conditions which
he may think fit to impose, condone a deficiency of upto three
months in rank. The deficiency so condoned will also accrue
additional pension in that rank.
4.
Full Rate of Pension or Gratuity not Invariably Admissible. The full rate of
pension or gratuity admissible under these regulations shall not be granted unless the
service rendered has been satisfactory. If the service has not been satisfactory a
competent authority may withhold the pension or gratuity or make such reduction in the
amount as it thinks proper.
5.
Grant of Pension is Subject to Future Good Conduct and May be
Withheld, Held in Abeyance or Paid to Wife or Other Dependents
a.
Future good conduct shall be an implied condition of every grant
of a pension or allowance.
b.
In special circumstances, to be deterniined by the President, the pension
(service, disability or family) children's allowance or gratuity granted to
an individual or any portion of it, may be suspended or withheld. In
exceptional cases, payment of part or the whole of the pension,
allowance or gratuity suspended may, by the order of the President, be
made to the wife or other dependents of the pensioner.
6.
Pension of Nfilitary Pensioner Re-employed or Continuing to be
Employed in a civil Capacity. A military pensioner who is re-employed in a civil
capacity or who is granted a military pension under these regulations while he is serving
in a civil capacity under the Federal Government or Provincial Government shall in
respect of his military pension be subject to the provisions as laid down by the
Government from time to time.
7.
Pension to Widow or Dependents. Military pension in issue to widow and
dependents will not be taken into account while fixing their salary on employment.
8.
Pension/Gratuity of Reservists. The pension/gratuity of reservists who opted/
opt to count their recall/training service for earning or enhancement of pension/ gratuity
under the provision of Reserve Rules will be revised, if an increase is due, the time of
their reversion from effective service/training to the reserve and not a~ the time of their
final discharge from the reserve. For such revisions all spells of
6
qualifying service including training or recalled period will be added. Where condonation
is sought to make completed years, it will be allowed on the first spell of service which he
had at the time of transfer to reserve if admissible under the rules. Complete years of
recall/training period should then be added to the original spell inclusive of condonation
already allowed, if any. and pension worked out for the total period. In case of personnel
below commissioned rank reservists, one-half of reserve service, shall count towards
pension when recalled to colour service.
9.
Revision of Option. Where a reservist is promoted to higher rank during
recall/training service, or pension rules are revised, the reservist will be allowed to
exercise an option to count recall/training service for enhancement of pension/ gratuity.
Pay or pension over drawn during the recall/training service as a result of change of the
original option will be refunded to the Government, if this service is allowed for
enhancement of pension/gratuity, in not more than thirty six instalments. Where such an
individual is released before the total amount due has been recovered, he will be given
the option to: a.
Refund the total amount in lump sum, or
b.
Elect to have the amount recovered from the pension in which case
payment of pension will commence after the un-recovered amount due to
the Government has been realized.
10.
Continuance or Discontinuance of Pension/Allowances When Nationality
is Changed. When a pensioner becomes a naturalised citizen of a foreign State,
whether the whole or part of his or her pension or allowances shall be discontinued or
not, shall, after considering the circumstances of the case be decided with the approval of
the President,
11.
Treatment of Pensioners Participating in Politics Within Two Years of
Retirement
a.
b.
Except with the previous sanction of the Federal Government no
pensioner, including a recipient of ex-gratia awards of pension, shall,
within a period of two years from the. date of his retirement or removal,
engage in political activity of any kind.
The contravention of sub-rule a above shall be deemed to be misconduct
within meaning of rule 78 of these regulations.
12.
Eligible Heirs for Special Family Pension. The following members of the
family of a deceased individual shall be eligible for the grant of a family pension in the
order they are listed below provided that they are otherwise qualified: a.
Widow(s) lawfully married by a valid ceremony.
b.
Husband (in case of female officer).
c.
d.
e.
f.
g.
h.
7
Mother.
Father.
Son actual and legitimate.
Daughter actual and legitimate.
Brother; and
Sister.
13.
Service Rendered in Aid of Civil Power. Service rendered by the personnel
in aid of the civil power shall be treated as military service for the purpose of disability
pension and family pension.
14.
Recovery of Public Claims . Any public claim outstanding against the pensioner
shall be liable to be recovered from the pension/gratuity (including commuted value
payable to him or her). However, no recovery shall be made from the disability pension
without the special orders of the competent authority.
15.
Death Gratuity to Widow(s)/Heirs . If an individual is killed in action or dies
within seven years of wounds received in action, a death gratuity equal to twelve months
pay, subject to a minimum of Rs. 5000/- in the case of personnel below commissioned
rank, will be paid to the widow(s) / eligible heirs under the orders of Adjutant General
for Army Offrs and Centre Comdt for personal below commissioned rank shall be
submitted.
16.
Admissibility of Death Gratuity.
individual in the following cases, namely: -
Death gratuity shall be admissible to an
a.
Who, otherwise than through his own serious negligence or misconduct,
is killed or dies within seven years of injuries sustained while on flying
duty or while being carried on duty in aircraft under proper authority.
b.
Who is killed during peace conditions and the casualty is in
distinguishable in character from that due to enemy action in war time.
Who is killed or dies of wounds received in a Military, Naval or Air
in exercise/manoeuvre where live ammunition is used. The death gratuity
shall not be granted in cases of casualties occurring while proceeding
returning from exercise / manoeuvre area.
c.
d.
Who is killed or dies of injuries sustained while employed on bomb
disposal duties; and
e.
Who is killed or dies of wounds received in action while employed in aid
of the civil power.
17.
Determination of Disabilities/Death Attributable to Military Service.
Following principles will govern the determination of attributability of disability/death to
8
military service of officers and personnel below commissioned rank:a.
Casualties Due to Wound or Injury
(1)
It should be established in such cases that the cause of the ,
casualty was the result of duty in military service.
(2)
Where the injury or death resulted from the risk inherent in
military service attributability will be conceded.
(3)
It is immaterial whether the cause giving rise to disability or
death occurred in field service area or peace area.
(4)
An individual is on duty for twenty four hours of the day
except when on leave other than casual leave.
(5)
Individuals detailed to take part in organised games, sports
or physical recreations vide AR(R) 715 and AR(I) 343-345
will be regarded as on duty.
(6)
An individual will be deemed to be in the performance of
military duty when: (a)
He is physically present in Camp/Barracks or
station,
(b)
He is travelling on leave/duty at Government
expense including travel at military concession
vouchers,
(c)
He is travelling in or from duty, eg, in the case of
married person, living with family from his
married quarters to his place of duty but not
whilst he is in his married quarters; and
(d)
(7)
(8)
He is travelling on duty, ie, where it is established
that but for the duty he would not have been
travelling at all.
Injury/death sustained by personnel otherwise than through
their own negligence or misconduct, while being carried on
duty in aircraft under proper authority or when employed
on bomb disposal duties, shall be viewed as attributable to
military service in a field service area.
In the case of disability or death due to accident
attributable to individual's negligence if:(a)
The accident is attributable to serious, gross or
culpable negligence of the individual, the case
shall be submitted for the decision of the
Government as to whether the
9
disability or death may be treated as attributable to military
service; and
(b)
The accident is due to normal or minor contributory negligence,
such negligence shall be ignored for the purpose of determining
attributability.
(9)
Disability resulting from purely personal acts such as shaving or similar
private pursuits would not normally be treated as attributable to military
service. However, if an individual, while taking bath or ablution in ponds,
rivers, streams around the Camp or quarters where no other
arrangements are available, receives injury or dies due to drowning or
failing down, attributability to military service, taking into account the
normal unit standing orders, should be considered.
(10)
Disability or death resulting from violence provoked by performance of
military duty will be viewed as attributable to military service unless the
circumstances of the case warrant a different conclusion.
(11)
If circumstances are such that military service played no part in the
causation of disability or death, attributability will not be conceded.
Illustration
If a military person driving a motor cycle, etc, on duty, collides with a
truck the injury received may be attributed to military service but if he is
out for a walk and sustains injury from a passing truck his case will not
ordinarily qualify for the concession.
(12)
b.
If disability or death occurs while attempting to save life of another
person attributability may be conceded.
Casualities Due to Disease
(1)
The cause of disability or death resulting from a disease will be regarded
as attributable to military service only when it is directly due to risks
which may be regarded as peculiar to the circumstances of duty in
military service. In determining attributability of such cases due regard
should be paid to the question whether service in a particular region, or
of a particular type, involved exposure to exceptional risk of contraction
of, or infection by a disease, as well as to the actual circumstances of the
case.
(2)
c.
10
Itability ce,.(, dif,through , contracted during the .period of a'ance of .
military duty, the disease is in the opinion of
authorities concerned, due to risks
which cannot ,
regarded as peculiar to such duty in military service.
(3)
Where a disease or its aggravation resulted from the risks of
military duty, attributability or aggravation will be conceded.
(4)
All cases of tuberculosis will be accepted as attributable to or
aggravated by service ere the medical opinion is in favour of the
acceptance.
(5)
Where medical or other supporting documents are incomplete,
cases will be dealt with on merits with due regard to medical
opinion and other evidence.
Guide Lines for Aggravation or Attributability in Heart Cases. There
are many predisposing factors which may precipitate an attack of heart
disease. No single factor can be pin-pointed as being responsible for such
an attack. it is, therefore, not easy to lay down any hard and fast rule for
awarding attributability or aggravation in such cases. For the guidance of
medical and administrative authorities some of the factors which may
precipitate the attack of heart disease are enumerated below: (1)
Physical Exertion, Coronary occlusion is known to have
occurred during or immediately following physical exertion.
Physical exertion may not necessarily be of an unusual character,
le, lifting of heavy trunk or bundle, pushing a stalled vehicle or an
uphill climbing have in many instances been followed by an
attack of coronary occlusion. The effects of exertion are worse if
the individual is unduly fatigued, has lack of sleep or is under
emotional stress.
(2)
Emotional Strains. The occurrence of coronary disease in
person who had been under usually severe and protracted
emotional strain, points to a probable relationship between the
two. The emotional strains of regimentation in the Armed Forces,
where even recreational games and prayers are regimented is
surely quite a factor. Separation from families, uncongenial
atmosphere, frequent moves, all add to mental strain and
psychological trauma.
(3)
Trauma.
Blunt injuries on chest wall may produce
coronary thrombosis. This thrombosis may occur in an otherwise
healthy coronary artery or one which may be the seat of
Atherosclerosis.
11
d.
Surgical Operations. The significant casual relationship between surgical
operation and coronary thrombosis with accompanying myocardial infraction is
well established and needs no further elaboration,
e.
Miscellaneous Factors
(1)
Infactions of the upper respiratory tract.
(2)
Insulin hyperpyrexia.
(3)
Artificial hyperpyrexia.
(4)
High altitude.
(5)
Drinking of iced water.
(6)
Injections of anti toxin.
(7)
Vescular afle-rgy (drugs).
f.
The question of attributability or aggravation of heart diseases on
occurrence in otherwise a normal individual who is subjected to the
above mentioned factors, will, therefore, have to be considered and
decided in the light of known history and merits of each case.
g.
While completing PAFM-1231, fatal and invalidment documents, due precaution
will be exercised by all concerned to carefully bring out detailed merits of the
case as award of attributability or aggravation depends on their candid opinion.
h.
Determination of Death Attributable to Military Service of Individuals
Granted Disability Pension
(1 )
In case where an individual in receipt of disability pension dies at home
due to the same injury or wound or disease in respect of which the
disability pension was granted, attributability will be conceded.
(2)
In case where an individual in receipt of a disability pension dies at home
and it cannot, from a strictly medical point of view be definitely
established that the death was solely due to the disability in respect of
which the disability pension was granted: (a)
The benefit of doubt in determining attributability should go
to the family of the deceased if death occurs within seven
years from the date of his invalidment from service unless
there are other factors adversely affecting the claim;
12
(b)
(3)
18.
If death takes place after more than seven years of the date
of individuals invalidment from service, the benefit of doubt
shall go to the State.
In case where an individual outlives the normal span of life in which
death occurs at the age of sixty years or above, the death should be
held to be due to normal causes and not due to service.
Income Tax. All types of pensions are exempted from income tax.
19.
Indexation of Pension. Pension shall be indexed In relation to the cost of
living. Pension admissible at any time will be the pension due under the normal
rules multiplied by the index applicable from time to time (refer to Annex-A
for formula of indexation of pension).
Note: For the purpose of indexation the term 'Tension- means pension ie
pension before commutation and/or surrender Y4th thereof including
any dearness/adhoc increase in pension sanctioned from time to time in
the past and additional amount of pension worked out on account of
elimination of reduction of pension due to cut off points.
13
CHAPTER 2 COMMISSIONED OFFICERS
SECTION 1 - GENERAL
20.
21.
Pension of Officers Who are Dismissed/Removed from Service
a.
Dismissed from Service.
Where an officer has qualifying service
for pension and is dismissed by sentence of a court-martial or otherwise,
the grant of a pension will be at the discretion of the President. Pension
so granted is in the nature of an ex-gratia award and shall not be allowed
to be commuted.
b.
Removed from Service or Called upon to Resign. The case of an
officer i7ho is removed from service, or instead of being removed is
called upon to resign his commission may be considered on merits for the
grant of an ex-gratia pension/gratuity, not exceeding 2/3rd of his earned
entitlement.
c.
Compelled to Resign/Retire from Service Voluntarily.
The case
of an officer compelled to resign or, in the alternative, allowed to retire
from service voluntarily, may be considered on merits for grant of an exgratia pension/gratuity not exceeding that otherwise admissible under rule
-27.
d.
Permitted to Resign. An officer who is permitted to resign his
commission will not be granted any pension/gratuity.
Counting of Former Service on Re-commissioning
a.
An officer pensioner, re-commissioned in the Armed Forces will count
his re-commissioned service towards enhancement of pension and will,
during the period of such re-commissioning, forego the
pension he was in receipt of.
b.
Where such an officer was retired/re leased from his previous engagement with only a gratuity, he will be permitted to count his re-commissioned service towards enhancement of gratuity or earning a pension.
The entitlement to pension will be subject to the refund of gratuity drawn
by him for his previous service which will be recovered in monthly
instalments of one-third of his pay.
c.
An officer released/ retired without a gratuity/pension may be permitted
14
to count his former service (which includes service in the pre-independence Armed Forces of undivided India) towards earning a gratuity/
pension, when re -commissioned.
d.
Former qualifying service rendered in below commissioned ranks which
is not immediately followed by non-commissioned/commissioned service
shall count towards officer's pension on re-commissioning subject to the
refund of pension/gratuity, if any, drawn for the previous service. Former
qualifying service shall be allowed to count if an officer declares such
service at the time of his re -commissioning and refunds pension/ gratuity
in respect of that service in thirty six equal month,
instalments.
e.
The provisions of sub-rule d above will also be applicable to officers
who have rendered former commissioned service. Service rendered as
an officer cadet will count in full on re -commissioning in the Armed
Forces.
f.
Where such an individual is retired before service_ gratuity has been
recovered, he will be given the option either to: -
g.
(1)
Refund the un-recovered portion of service gratuity in lump sum;
or
(2)
Elect to have the service gratuity recovered from the pension, in
which case payment of pension will commence after the un-recovered amount of service gratuity, due to the Government,
has been realised.
Continuous superior civil service rendered under the Provincial or the
Federal Government will count for military pension or gratuity provided
that:(1)
Such service is followed by regular commission; or
(2)
Such service is followed by non-regular commission and total
period of temporary superior service and non-regular commission is not less than five years. Such temporary civil service will
not count for military pension/ gratuity if the same was terminated
on account of resignation other than for reasons to join service
with the Armed Forces.
15
21A. Treatment of pensioners convicted of serious crimes or guilty of grave
misconduct.
(a)
A pensioner who is convicted of a serious crime by a court of law or is
guilty of grave misconduct which is not of a political nature, shall be
liable to forfeiture of his pension service, disability and family pensions
and children’s allowance in whole or in part. A pension forfeited under
this sub-rule, unless and until restored, shall lapse to the state.
(b)
A pensioner who is convicted of a crime by a court of law, or is guilty
of misconduct of a political nature, shall be liable to forfeiture of his
pension service and disability pension, ex gratia award of pension,
family pension drawn by adult males only and children’s allowance.
©
A pension reduced, withheld or forfeited in the circumstances specified
in the preceding sub-rules may be restored, in full or in part, with the
approval of pension sanctioning authority.
(d)
In applying the provisions of this rule, the procedure laid down in rules
40 and 41 of the pension Regulations, Volume-II (Army) 1997, shall be
followed and pension Regulations, Volume-II(Army) 1997 shall be
followed.
16
SECTION 2 PENSION AND GRATUITIES
22.
Assessment of Pension.
All types of pension namely retiring invalid,
compensation and superannuation will be calculated on the following formula: a.
For a qualifying service of less than ten years, a gratuity equivalent to one
month's emoluments for each completed year of service shall be
payable to the officer or his heirs in case of his death in service. If the
emoluments of the officer have been reduced during the last one year of
his service, otherwise than as a penalty, average emoluments may be
substituted for emoluments.
b.
After a qualifying service of not less than ten years, grant of a pension
shall be regulated on the principles of maximum pension for
maximum prescribed service for the rank held and proportionately less
for lesser number of years of qualifying service, subject always to the
maximum limits prescribed for each rank in rule 23. On this principle the
following formula shall be applied to calculate the amount of a pension
earned.
(Average emoluments)
(Qualifying
Subject to the condition)
inclusive of dearness ) X 7/10 X
(Service
that quotient of the last)
allowance)
(prescribed
mentioned equation does)
(service for
not exceed 1.
)
(the rank
c.
For officers who retire/after the Ist July 1985, there shall be no cut off
point at any stage for the purpose of calculation of the maximum service
element of the pension.
Note:
(1) Where service limit for retirement is not prescribed and
the retirement is on age limits of 55 years or above, the
service element of pension will be calculated at 7/300 of the
average emoluments drawn during the last three years of
service, subject to a maximum of 210/300 of the emoluments
and further subject to the maximum indicated in column 2 of
the table under rule.23.
(2)
An increase of 10% over the existing gross pension, subject
to a maximum of Rs. 200/- is admissible wef the Ist July
1983 to those pensioners who retired upto the 30th June
1983. This increase shall not be admissible during the period
of re-employment.
(3)
Officers who are not considered suitable by the Chief of the
Army Staff for retention in service up to the maximum age
limits for retirement shall be retired compulsorily on
17
completion of service limit as laid down in AR (R) 262-A subrule & Such officers will be deemed to have served their full time
on the effective list and will be eligible for full retirement benefits
which would have accrued to them had they served upto the
maximum age limits laid down in Rule 262-A(a) AR(R).
(4)
In cases where the pay of an officer has been reduced, otherwise
than as a penalty, the average for the purpose
of pension may, at the option of the pensioner, be calculated on
the basis of the emoluments drawn or which would have been
drawn, during the last three years of service.
(5)
If an officer was posted abroad during the period of one year, or
a portion thereof, preceding his retirement, the average
emoluments in his case would be calculated by taking into
account the dearness allowance that he would have drawn or
had drawn in Pakistan, upto the 30th June 1983, but for his
posting abroad.
(6)
If an officer was serving abroad during the period of three years
or less preceding his retirement the average emoluments in his
case would be calculated by taking into account the
command/staff/charge/instructional pay that he would have
drawn but for his posting abroad.
(7)
Military officers, employed in civil posts, on successful
completion of their probationary period in the civil and their
release/retirement from the army will receive pension from the
army from the date of retirement, as admissible under these rules,
based on the army rates of pay.
(8)
The formula for the calculation of pension of AFNS officers will
be the same as for other Armed Forces officers. An amount of
rupees four hundred fifty will be added to the reckonable
emoluments in lieu of services in kind except in the case of
AFNS officers who are married and are in receipt of disturbance
pay.
23.
Maximum Pension Including Special ~dditio)hl Pension.
There
will be no maximum limit on pension of officers and they will be allowed pension without
any upper limit as per the existing rules.
NOTE: 1.
Special additonal pension will be admissible at the rate of one
hundred eighty three rupees per month for each completed year
of effective service in the rank of General, the maximum viz; five
hundred and fifty rupees being admissible on completion of three
years. This element will be admissible in conjuction with that for
the lower rank
18
provided the aggregate does not exceed the prescribed
maximum of five hundred and fifty rupees per month.
2.
The Chairman/COAS element of pension of four hundred and
fifty rupees per month will be admissible at the rate of (on third)
for each completed year of service in the appointment, the
maximum viz; four hundred and fifty rupees per month being
admissible on completion of three years service as
Chairman/COAS.
3.
If pension sanctioned by the Government of Pakistan is shared
with any other Government, the amount of special adhoc
increase will be apportioned between the Government of
Pakistan and the other Government(s) concerned on
proportionate basis.
4.
Commuptation of any part of special adhoc increase shall not be
admissible.
24.
Special Additional Pension.
regulated as under: a.
The grant of special additional pension will be
This element will be admissible at the following rates for each completed
year of effective service for the various ranks subject to a maximum
mentioned against each: Special Additional Maximum Special
Pension Per Year of Additional Pension
Service
(1)
(2)
(3)
(4)
(5)
(6)
Capt and below
Rs .20/- pm
Maj
Rs. 40/- pm
Lt Col/Col
Rs. 66/- pm
Brig
Rs. 83/- pm
Maj Gen
Rs. 116/-pm
Lt Gen
Rs. 150/-pm
Rs. 60/Rs. 120/Rs. 200/Rs. 250/Rs. 350/Rs. 450/- pm
The maximum rate will be admissible on completion of three years
effective service in the rank.; and.
pm
pm
pm
pm
pm
19
The maximum set out under the table given in rule 23 will be admissible
on completion of three years effective service in the rank.
b.
(1)
(2)
(3)
(4)
c.
d.
e.
f.
Special additional pension will be admitted for service in
the paid acting/ temporary/temporary
substantive/substantive ranks.
Special additional pension will be admissible provided an
officer has rendered not less than twenty one years
qualifying service in the army. However, for so long as
acting/temporary ranks are permitted, the minimum
qualifying service for grant of special additional pension
shall be, twelve years commissioned service.
Where an officer has held a higher paid rank
(acting/temporary), service on full pay in that rank (vide
sub-rule c below) will, count as service qualifying in that
rank or in the lower rank for which special additional
pension is payable, if more favourable. If such an officer
was reverted to a lower rank on account of inefficiency or
for disciplinary reasons, service in the higher paid rank will
not count for grant of this pension attached to that rank but
will so count for service in the rank to which reduced
provided special additional pension is attached to this lower
rank. This does not apply to those periods of service in
higher rank specified as approved.
An officer may draw special additional pension for a lower
rank in conjunction with that for a higher paid
acting/temporary/ temporary substantive/substantive rank,
provided the aggregate of this pension does not exceed the
maximum of the special additional pension laid down for the
higher rank.
Only completed year of full pay effective service in the rank will count as
qualifying. Authorised absence during this period on leave or duty
including courses of instructions will be qualifying service for the purpose
provided the officer retained the rank during the period and was in
receipt of the full pay thereof.
The entire service on full pay in a rank to which this pension is attached
will count and it is not necessary that such service in the rank should be
continuous.
Service on full pay for any broken period of a year in a higher paid rank
may count as service in the lower substantive/substantive temporary
rank, if an officer's pension would thereby increase subject to the
operation of sub-rule c above.
The special additional pension will not be given as a matter of course but
only when the service rendered is approved as satisfying the standard
of work and conduct required of the officer in the rank.
20
25.
Service Qualifying for Pension/Gratuity
a.
All commissioned service on full pay including embodied service in the
reserve, the PNG, the Territorial and including service in Regular
Reserve rendered on being called up for periodical training.
b.
All qualifying combatant service including embodied service as X0 or in
rank.
c.
Non-combatant (enrolled) service excluding followers service rendered
prior to being combatized/granted commission, if such service qualifies
for pension under the rules applicable to them before
combatization/grant of commission.
d.
Previous superior civilian pensionable service in full if otherwise eligible
under CSR to count for pension.
e.
All pensionable service in civil or military capacity in Provinces/ States,
including those now forming part of India where the individual joined
Pakistan Armed Forces (including Bahawalpur State Forces) on or be
fore 31 December 1950.
f.
All pensionable service rendered in AKRF.
Note:
g.
A separate list of officers from Provinces and States,
now forming part of India will be maintained by
CMA(O), for use in the event of agreement being
arrived at with the government of India about incidence
of liability for pension in such cases.
(1)
Period spent on leave other than privilege/accumulated
leave will not count as qualifying service for pension except as
provided in sub-rule (2) below.
(2)
Period spent on leave with pay will count as under: (a)
h.
For qualifying service of 10 years 6 months.
but less than 15 years.
(b)
For qualifying service of 15 years 12 months.
but less than 20 years.
(c)
For qualifying service of 20 years and - 18 months.
above.
With effect from the 3 Ist January 1973, any period rendered as cadet
service prior to the age of twenty years will count in full for pension,
26.
27.
21
Service not Qualifying for Pension
a
Periods of ante-date unless specifically authorised to count for pension
under terms and conditions of service as laid down in the regulations.
b.
Any period of service in the Armed Forces rendered before reaching the
age of seventeen years in the case of individual enrolled on or after the
20th Sep 1945 and 16 years in other cases will be treated as boy's
service (This restriction will be operative upto the 30th June 1973).
For service under civil Government departments, immediately
prior to enrolment/commissioning as the case may be, pensionable
service will count from the date of joining civil service.
Grant of Pension to Officers Permitted to Retire Voluntarily
a.
b.
An officer permitted to retire voluntarily but not in anticipation of any
disciplinary action against him, will be allowed pension as follows.(1)
For qualifying service of 5 years - Three-fourth of the gratuor more but less than 10 years
ity due under rule 22a
(2)
For qualifying service of
10 years or more.
-Three-fourth of the pension due under rule 22 b.
Special additional pension at three-fourth of the prescribed rates under
rule 24 will be admissible only on reaching the prescribed limits of twenty
one years. However, for so long as paid acting/temporary ranks are
permitted, the limit will be twelve years qualifying commission service.
28.
Notice of Release/Retirement. A minimum notice of three months will be
given to a permanent regular officer before his services are dispensed with on account of
reasons given in rule 29 a. A gratuity not exceeding his emoluments for the period by
which the notice actually given to him falls short of three months, may be paid to him in
addition to retiring pension/gratuity. If such an officer is permanently re-employed, within
three months from the date of notice, he should refund the gratuity drawn by him except
that proportion of it which the interval of non-employment bears to the whole period of
which gratuity was drawn.
29.
Classification of Pension.
follows, namely. a.
The pension of officer shall be classified as
Compensation Pension
(1)
A compensation pension is granted to a permanent regular
officer who is compulsorily retired from service before the
prescribed period laid down as the age/service limits for com-
(2)
22
pulsory retirement of the rank he is holding and provided that the
compulsory retirement is not due to any fault of the officer.
An officer retired as above with a qualifying service of not less
than ten years will add to his service qualifying for compensation
pension and for invalid pension for attributable disability of less
than 20% (but not for other class of pension), the actual period
not exceeding five years for which he would have ordinarily
continued in service if he was allowed to complete the maximum
age and service limit prescribed for the rank. The addition to
qualifying service upto a maximum of five years shall be allowed
only if the following conditions are fulfilled, namely: (a)
This bonus will be granted subject to the COAS having
satisfied himself that the officer is being compulsorily
released/re tired from service for service reasons only.
(b)
The officer has had an 'Average' or 'Above Average'
service record, excluding isolated adverse reports.
(c)
The officer is not being compulsorily retired/ released
from service on account of failure to pass the prescribed
examination for promotion or in anticipation of any disciplinary action.
(d)
The officer is not being compulsorily retire d/released at
his own request.
(3)
An officer compulsorily retired before completion of age/service
limit for reasons other than those specified in sub-rule (2) above,
will be granted actual pension/gratuity earned.
Note:
The above benefit is admissible if service of an officer
before allowing the benefit of automatic condonation is
not less than ten years.
b.
Invalid Pension. An invalid pension is awarded, on retirement from the
service to an officer who by bodily or mental infirmity, is incapacitated
for the service, or for the particular branch of it, to which he belongs and
whose disability is:(1)
(2)
Viewed as not attributable to or aggravated by military service.
Viewed as attributable to or aggravated by military service but
not disability pension falls due because of non-pensionable
degree of the disability or because of unreasonable refusal by the
c.
d.
23
officer to undergo surgical or medical treatment. Invalid pension
will not be granted in addition to disability pension.
Superannuation Pension.
A superannuation pension is granted to
an officer entitled or compelled by rules to retire at a particular age or
after any extension of service approved by Government.
Retiring Pension.
A retiring pension is granted to an officer who is
retired after completing qualifying service for such number of years as is
prescribed for the rank in the Service Regulations or after any extension
of service approved by the Government.
30.
Addition to Service of Officers Recruited/Commissioned at the Age of
Over twenty five years .
a.
A regular officer recruited/commissioned in the Armed Forces when
over twenty five years of age may add to his qualifying service for a
pension, the actual period not exceeding five years (less antedate
period allowed for and counting for pension, if any) by which his age at
recruitment/commissioning exceeded twenty five years.
b.
The provisions of sub-rule a above will not be applicable to officers
receiving their first commission on or after the Ist Sep 1958. Subject to
the following conditions only, officers recruited on or after the lst Sep
1958 to Technical Arms of Service (ie Medical, Dental, Veterinary,
EME, Signal, Engineers and Education Corps, etc), after twenty five
years of age, under the normal rules peculiar to Technical Arms of
Services may be allowed to add to their qualifying service for retiring
pension the actual period not exceeding five years (less ante date period
allowed and counting for pension, if any) by which their age at the time of
recruitment exceeded twenty five years:-
Notes.
(1)
The period between age of twenty five years and thirty was
spent in acquiring technical education and qualification required
in the particular Arms of Service in which commissioned.
(2)
A final decision must be taken at the time of recruitment in
individual cases, as to whether any period and if so, how much,
should be allowed to be added to qualifying service.
(3)
Retirement from service is not voluntary.
(4)
The period of qualifying service at the time of retirement is not
less than ten years.
(a)
This concession would also be admissible
to those officers who were originally granted
non-regular commissions and were subsequently
granted regular commission.
(b)
24
The period so allowed would count for ordinary pension
only and not for special additional pension.
31.
Assessment of Service and Retirement Orders -Procedure. Service
counting as qualifying service for pension under these regulations will, after verification,
be recorded in the Pakistan Army List (PAL). Release/retirement orders showing the
actual cause and date of release will be issued by General Headquarters.
32.
Nomination for Death Gratuity/Family Pension. Officers shall declare, in
their life time, the names with relationship of their dependents indicating the proportion in
which the pension/death gratuity may be divided amongst their eligible heirs including wife
(s). The husband will be entitled to the special family pension / ordinary family
pension/gratuity/death gratuity etc in the same manner as a widow becomes entitled on
the demise of her husband under the relevant pension rules. In case of female officer, if
she intimates in writing to the commanding officer or the Accounts Officer that her
husband should not be included as a member of the family then he shall no longer be
considered as a member of the family unless she subsequently cancels in writing her
intimation excluding him.
SECTION 3 - DISABILITY PENSION AND CONSTANT
ATTENDANT ALLOWANCE
33.
Service Qualifying for Disability Pension. For the purposes of rules in this
section, "service" shall mean, except where otherwise stated and unless the contrary
appears from the context, service qualifying for ordinary pension as defined in rule 25
shall mean qualifying service for disability pension. Service rendered in aid of the civil
power shall be treated as military service for the purpose of disability pension and
gratuity.
34.
Negligence and Misconduct. If the disabillity of an officer is found to be
wholly or partly due to negligence or misconduct, the grant of a pension or gratuity shall,
within the limits laid down in this section be determined with the approval of the
President.
35.
Officers Who Elect Voluntary Retirement. An officer who elects the conditions of voluntary retirement shall not be eligible for air award on account of disability.
36.
Refusal to Undergo Medical Treatment/Operation. When an officer who is
in receipt of a pension, which includes a disability element, un-reasonably refuses to
undergo an operation or other medical treatment which, in the opinion of a regulated
medical authority, would reduce the degree of his disablement, whether the disability
element of pension shall be forfeited or reduced shall be decided with approval of the
President.
37.
Rates of Disability Pension. Disability pension shall consist of service and
disability elements as follows:-
a.
25
Service Element
(1)
Officer with less than ten years pensionable service.
Service pension as for a
qualifying service of ten
years subject to minimum
of Rs. 200/- pm.
Note: For disability of 50% or above, service element will in no
case be less than 50% of the maximum presumptive pension
including special additional pension, of the rank from
which the officer is boarded out of service.
(2)
b.
With service of ten
years or more.
-
Earned pension but not
less than Rs.200/- pm.
Disability Element. The disability element of pension based on various
groups of disability, is as under:Group of Disability
(1)
(2)
(3)
Group 1
Group 11
Group III
Notes. (a)
(b)
Rates per Month
(ie 80% - 100%)
(ie 50% - 70% )
(ie 20% - 40% )
Rs 2773/Rs.1386/Rs.1040/-
The formula for working out service element
of pension will be in accordance with rule 22 of these
regulations.
In. no case the total of disability and service element of
pension shall exceed the pay of the officer concerned.
38.
Officers Invalided Out With Total Disability.
An officer who is
invalided out with a total disability shall have the option to elect for special family pension
and children allowance in lieu of disability pension, where the former is more favourable.
39
Constant Attendant Allowance
Constant attendant allowance at the rate
of -1601- per month will be granted to an officer in addition to disability pension under
the following conditions, namely: a.
The allowance will be admissible to those officers who have been
granted pension only for disability mentioned below and accepted as due
to or aggravated by military service provided the Government is satisfied
that the pensioner requires the services of a constant attendant and that
the need for attendance, arises solely from the conditions of the accepted
disability:(1)
Anatornical loss, or loss of use of both eyes, both legs, both
arms or both hands.
26
(2)
A disablement or a combination of injuries which would render
the pensioner completely dependent on some one's assistance in
hit daily life, to be certified by the medical authorities.
(3)
Lunacy.
b.
The allowance will be sanctioned by ministry of Defence.
c.
The allowance will not be admissible for the period(s) during which the
pensioner may receive treatment in a hospital at Government expense.
Note: The provisions in this rule shall apply to existing pensioners
covered under sub-rule a above and who have been granted
disability pension after the 15th Aug 1947, but the grant of
constant attendant allowance at the above rates will be effective
from the 1st Feb 1977.
40.
Grant of Disability Element to Officers of Armed Forces Suffering from
Disabilities Attributable to Military Service in Medical Categories Higher Than
E
An officer who has been released from military service in medical category higher
than E may be awarded by the Government on the merits of each case a disability
element appropriate to his degree of disablement at the rates, laid down from time to
time, provided the disability is accepted by the Government as attributable to or
aggravated by military service. The amount of the disability element and the period for
which it shall be granted shall depend on the degree and the duration of the disablement.
A disability element of pension shall not be awarded in respect of less than 20
percent disablement.
27
SECTION 4 - FAMILY, DEPENDENT PENSION AND
CHILDREN ALLOWANCE
41.
Extent of Application. The rules contained in this section shall apply to the
following categories of officers whose death, or disability rendering a person permanently
unfit for further military service was due to wounds, injuries or disease directly
attributable to or aggravated by the conditions of military service and also those who
died during their captivity in prisoner of war camps would be taken as if they were killed
as a result of war injury sustained while on duty. a.
b.
c.
All commissioned officers.
All reservist commissioned officers called up for training or
called to service.
All commissioned officers seconded to Civil Armed Forces when
operating under the "operational" command of Pakistan Army.
The expression Civil Armed Forces includes all such forces
which are, from time to time, declared as such by the Federal
Government.
42.
Basis of Assessment of Disability, Special Family, Dtpendents Pension
and Children Allowance.
Pensionary benefits and children allowance will be
determined in accordance with the paid acting/ temporary/substantive temporary /
substantive rank held and pay drawn on either of the following dates:a.
Date on which wound/injury was sustained or illness/disease
contracted.
b.
Date of invalidnient from service; or -
c.
Date of death
whichever is more favourable.
43.
Rank on which Ordinary Family Pension is Assessed. For the purpose of
the table in rule 49, "rank" shall mean the highest permanent rank held on the date of
death if the officer was on the active list, or immediately before retirement, if death
occurs on the retired list; provided that:a.
The widow of an officer who retires voluntarily, or is compulsorily retired on account of misconduct or inefficiency before
completing one year's service in the rank in which he retired,
shall be restricted to the pension of the commissioned rank
next below that in which her husband retired;
b.
The President will decide whether a widow may be allowed
28
the pension attaching to any rank which was posthumously
conferred upon her husband with effect from a date before that
date of his death; and
c.
In no circumstances shall a retired officer, by virtue of his
re-employment, qualify his widow for a higher ordinary pension.
44.
Pension Cannot be Claimed as of Right. A pension to the widow or other
relatives of a deceased officer or an allowance to a child shall not be claimed as of right.
It shall not be granted when the applicant is shown to be unworthy, nor shall it be granted
unless the officer's service has been such as, in the opinion of the President, to justify the
award.
45.
Pension of a Widow Who Dies Before Establishing Her Claim. If the claim
of a widow to a pension fails, through her own neglect or omission to be established
before her death, the amount of pension to which she would have been entitled, if living,
shall not be allowed to her representatives.
46.
Rates of Special Family Pension and Dependent Pension. The rate of these
pensions shall be as follows:a.
Special Family
Pension
66% of pay subject to minimum of Rs. 750/and
maximum of Rs. 2250/- per month.
b.
Children
Allowance
Age Limit
(1)
Per child
170/- pm
upto 5 years
Per child over 300/- pm
5 years upto
15 years
Per child over 400/- pm
15 years upto
21 years.
(2)
(3)
c.
Note:
Motherless
Child
Children
with Mother
100/- pm
1901- pm
260/- pm
Dependent 33% of pay subject to a minimum of Rs. 350/Pension
per month and a maximum of Rs. 7501.- per
month.
In no case shall the total of special family pension/ dependent's
pension plus children allowance exceed pay of the deceased.
47.
Conditions of Admissibility of Special Family Pension and Children
Allowance. A special family pension may be granted to the widow, parents, brothers or
sisters of an officer, or a special children's allowance to his
29
legitimate children under twenty one years of age, if his death was due to wound, injuries
or disease directly attributable to the conditions of military service. Provided that: a.
b.
c.
d.
e.
The death occurred within seven years after the officer was
wounded or injured, or after he was first removed from duty on
account of the disease;
In the event of death after retirement, the officer did not elect the
conditions of voluntary retirement instead of retirement for disability; and
provided further that:In the case of a pension for a widow or child: (1)
The officer married before joining or while on the effective list
and before he received the wound or injury or before he was
removed from duty on account of the disease;
(2)
When death is due to disease, the officer survived his marriage
by at least a year; and
(3)
Subject to any exception which the President may approve in a
particular case, the widow was not separated from her husband
at the time of his death;
In the case of a pension for a parent or parents:(1)
The officer left neither a widow, nor children eligible for pension
or allowance; and
(2)
The parent/parents were largely dependent on the officer at the
time of his death.
In the case of pension for brothers and sisters(1)
The officer did not leave a widow, child or parent eligible for
pension or allowances; and
(2)
The brothers and sisters were largely dependent on the officer at
the time of his death,
48.
Conditions for the Grant of Dependent Pension. Dependent pension shall be
granted under the following conditions, namely:a.
If the deceased has left parent(s) and children but no widow(s), then the
mother/father will receive dependent pension and the children will receive
the motherless rate of children allowance.
b.
30
If the deceased has left neither widow nor children nor parents, then the
deceased's brothers/sisters will receive the dependent pension. The
payment of this pension and its cessation shall be governed under the
existing rules except that it would be admissible upto the age of twenty
one years.
49.
Ordinary Family Pension. It will be admissible, as on civil side to the families
of the officers in all non-attributable cases as under:a.
If Death Occurs While in Service
(1)
(2)
(3)
Less than 5 years
service
5 years or more but
less than 10 years
service.
10 years or more
service.
Nil
1% months pay as gratuity
for each completed year of
service.
(a)
Gratuity at prescribed rates on
civil side in lieu of 1/4 of the
gross pension.
(b)
b.
Family pension for life or till
re-marriage, whichever is earlier,
at 50% of the gross pension
which would have been admissible under military rules to an
officer for the service rendered
before death. In the case of
death or remarriage of the
widow, the pension shall be admissible to the sons, if any, until
they attain the age of twenty one
years and to the unmarried
daughters, if any, until they are
married or attain the age of
twenty one years, whichever is
earlier.
Death After Retirement. The widow shall be allowed family pension for
life or until re-marriage, whichever is earlier, at 50% of net pension. In
the case of death or re-marriage of the widow, the pension shall be
admissible to the sons, if any, until they attain the age of twenty one years
and to the unmarried daughters, if any, until they are married or attain the
age of twenty one years, whichever is earlier.
31
50.
Exception in_ Cases of Separation of Widow from Her Husband at the
time of his Death.
a.
The President may at his discretion grant a pension or gratuity to a
widow who is not eligible for it under rule 47 c (3) because she was
separated from her husband at the time of his death.
b.
Should discretion as in clause (a) above be exercised, the grant of a
pension, ordinary or special, as the case may be and/or gratuity shall be
at such rate within the scales laid down in these rules and subject to such
conditions as the President may determine.
c.
When the widow is not granted a pension for the reason that she was
separated from her husband at the time of his death, an allowance to the
legitimate children under twenty one years of age may be granted at such
rate within the scales laid down in these rules as the President may
determine.
51.
Payment of Pensi on to Eligible Heirs. Widows or eligible heirs of officer
may draw special family/dependent pension in addition to any previous pension which he
or she may be drawing at that time or may become entitled to draw.
52.
Division of Special Family Pension,
a.
The first claim to special family pension is that of the widow(s) of the
deceased officer, Special family pension may, however, be divided
amongst widow(s) and other eligible heirs ie dependent parents, brothers
and sisters, at the discretion of the competent authority. While dividing
the special family pension the competent authority may take into
consideration the nomination if available in service records made by the
officer..
b.
If any beneficiaries other than the widow(s) become ineligible for pension
(due to re-marriage, attaining maturity or death etc) (their respective
share(s) will revert to the widow(s)). Similarly if the widow(s) is/are
disqualified for pension, the share of the widow(s) will be transferred to
other eligible heirs proportionately subject to the limit of dependents
pension. Competent authority for this purpose win be Adjutant General
or the authority to whom he may delegate power.
53.
When Payment of Widow's Pension Ceases. The ordinary or special family
pension granted to the widow of a deceased officer shall be discontinued if she proves
unworthy of it, or if she re-marries, from the date following that of her re-marriage.
54.
32
When Payment of Children's Allowance Ceases
a.
The children's allowance granted to the child of an officer shall cease, as
a rule, when the child attains the age of twenty one years, or at the
expiration of the year commencing on Ist July in which the child is
otherwise provided for (or, if a daughter, marries), whichever is the
earliest.
b.
In special cases in which it is shown that a child is afflicted with some
mental or bodily infirmity, rendering it incapable of making adequate
exertion for its own support and that it is in distressed circumstances, or
in cases where a child is an apprentice receiving not more than a nominal
wage or is being educated at a secondary school, technical school or
university, the allowance may be continued at the discretion of the
President.
55.
When Payment of Parent's Pension Ceases. A dependent pension, which
may be granted to the parent(s) of a deceased officer, shall be discontinued from the
date of re-marriage.
56.
When Payment of Brother's and Sister's Pension Ceases. Payment of the
dependent pension granted to brothers and sisters of a deceased officer shall cease
under the conditions laid down for the cessation of the special rate of children's
allowance in rule 54. It may be continued after the age of twenty one years under the
same conditions as for children who are crippled or otherwise physically of mentally
unable to support themselves.
57.
Restoration of pension on becoming against a widow or divorcee. The
pension of a widow which was suspended or which ceased on her re-marriage may be
restored, in the event of her becoming against a widow or on her becoming a divorcee,
with effect from the date she becomes again a widow or the date from which divorce
takes effect, as the case may be, if she is otherwise qualified, see also regulation 47c.
58.
Division of Death ity. If there is no nomination, the death gratuity admissible
under rule 15 and 16 will be paid to the widow(s) and this will not be divisible amongst
the widow(s) and other eligible heirs. Where there are more than one widow according
to the service record, this will be divided equally amongst the widows.
59.
Grant of Farnily Pension for Second Life. In case of death or disqualification
of original grantee, the pension will be re-granted to the next eligible heir in he order of
precedence from the date following that of the death or from the of disqualification of the
original grantee.
59A. Payment of Ordinary Family Pension in cases of Officers when Remain
missing for Seven Years. If an officer (serving or retired) remain missing or unheard of
for a period of seven years to the satisfaction of the department concerned, family
pension may be allowed to his heirs as admissible under the prescribed rules.
33
CHAPTER 3 - PERSONNEL BELOW COMMISSIONED RANK
SECTION 1 - GENERAL
60.
6 1.
Service Qualifying for Pension
a.
All combatant service (including boy's service on or after the 31st
January, 1973), from the date of enrolment will reckon in full (including
all periods of leave with full pay), for pension or gratuity.
b.
All qualifying non-combatant (enrolled) service when combined with
combatant service without a break, will reckon in half towards pension.
c.
Non-combatants (enrolled) who have been combatised and accepted
terms and who have been permitted to count their non-combatant
service for military pension under existing service rules, will continue to
reckon such service to the extent already permissible. This concession
will apply only to those who on or before the 1st January, 195 1, were
permitted to count their previous non-combatant service for military
pension.
d.
One-half of reserve service will count as personable service in the case
of persons recalled to colour service.
Special Pension for Reservists
a.
A person discharged from the reserve, after a prescribed period of
combined colour and reserve qualifying service of not less than fifteen
years, will be eligible for a special pension at the following rates, namely:(1)
Those who are released from reserve without having drawn pay
in the revised scales effective from the 1,1 December, 1962:(a)
(b)
(c)
(d)
(2)
Sepoy
Nai k
Havildar
JCO
-
Rs. 30/- pm
Rs. 35/- pm
Rs. 40/- pm
Rs. 60/- pm
Those who are released from reserve after having drawn pay in
the revised scales effective from the Ist December, 1962 :(a)
Sepoy
-
Rs. 50/- pm
34
(b)
(c)
(d)
b.
Note:
62.
Naik
Havildar
JCO
-
Rs. 60/-pm
Rs. 70/- pm
Rs. 120/ - pm
When the qualifying service is ten years or more but less than fifteen
years, a proportionate pension based on the rates in sub rule a above will
be admissible.
(1)
Reserve service not involving periodical training
will not reckon as pensionable service.
(2)
Reserve, service not preceded by colour service without
a break will not reckon as pensionable.
Service Not Qualifying for Pension
a
Any period of service rendered before reaching the age of seventeen
years in cases of individuals recruited on or after the 20th September,
1945 and governed by the Post World War II terms of service and
sixteen years in other cases (this restriction will be applicable upto 30
January 1973), provided that this reservation shall not apply in cases of
claims to disability pension.
b.
Any period during which a person is in custody (military or civil),
or under suspension from duty on a charge for an offence of which
he is afterwards convicted by a criminal court or a court-martial
or by an officer exercising authority under section 23 of the Pakistan
Army Act, 1952 (XXXIX of 1952).
c.
Any period of imprisonment by sentence of a criminal court or
of court-martial by an officer exercising authority under the
Pakistan Army Act as aforesaid.
d.
Any period of absence as a prisoner of war unless pay and allowances
for the period of absence have been restored by the competent authority
under the Pakistan Army Act, 1952 (XXXIX of 1952).
e.
Any period of unauthorised absence unless forfeiture of pay and
allowances for the period of absence has been remitted by the
competent authority under the Pakistan Army Act, 1952 (XXXIX
of 1952).
f.
Any period of service on temporary establishment or for which a
special rate of pay is granted on the understanding that no pension
is admissible.
35
63.
g.
Any period of service as a ward orderly.
h.
Any period of service rendered after the date on which the proceedings of the Medical Board, which found the individual unfit for
further service, were countersigned by the competent authority.
However, the period of thirty days between the countersignature/
confirmation of the medical board's proceedings and the date on
which the discharge of the individual is actually effected will be
allowed to count for pension.
Counting of Former Service for Pension, etc
a.
Former qualifying service in the Armed Forces will reckon as pensionable service, if sanctioned by the competent authority design-a
ted under the existing service rules relating to refund of gratuity
etc, received for the previous service in thirty six equal instalments.
Refund of gratuity should start, not later than one year, after re
enrolment.
b.
All pensionable service in civil or military capacity in Provinces/ states,
including those now forming part of India where the individual joined
Pakistan Armed Forces (including Bahawalpur State Forces) on or
before the 31st December, 1950, will count for purposes of pension. A
separate list of such personnel will be maintained by CMA concerned,
for use in the event of agreement being arrived at with Government of
India about incidence of liability for pension in such cases.
c.
Continuous superior civil service rendered under the Provincial
or the Federal Government will count for military pension or
gratuity provided that:(1)
Such service is followed by regular engagement/ commission, or
(2)
Such service is followed by non-regular engagement/commission
and total period of temporary superior service and non-regular
engagement/ commission is not less than five years.
Such temporary civil service will not, count for military pension/ gratuity if
the same was terminated on account of resignation other than for reasons
to join service with the Armed Forces.
d.
Embodied service in Mujahid Force will reckon in full towards
pension on enrolment/re -enrolment in Pakistan Army.
36
e.
All pensionable service rendered in AKRF will be allowed to count for
pension in Pakistan Army under normal relevant pension rules.
Note:
64.
At the time of re-enrolment the individual shall have declared his
former service and cause of discharge therefrom and elected to
count that service towards pension or gratuity. The election once
made shall be final and irrevocable.
Classification of Pension of Personnel Below Commissioned Ranks
a.
Retiring Pension.
Retiring pension or gratuity will be a service
pension or gratuity granted to a person discharged on or after
completion of an engagement or any approved extension of engagement. Pension will be admissible on completion of not less than
fifteen years of qualifying service. Gratuity will be admissible for
qualifying service of less than fifteen years. Where the period of
engagement including any extension is more than fifteen years, this
pension will also be admissible if the individual is discharged from
service before completion of engagement, provided he has to his
credit not less than fifteen years qualifying service for pension.
b.
Invalid Pension. Invalid pension or gratuity will be a service pension or
gratuity granted to a person invalided out of service. Pension will be
granted for a period of qualifying service of ten or more years. Gratuity
will be admissible for lesser period of service.
c.
Superannuation Pension.
Superannuation pension or gratuity will
be a service pension or gratuity to an individual discharged on reaching
the age limit. Pension will be granted for a qualifying service of ten or
more years; gratuity will be admissible for lesser period of service.
d.
Compensatory Pension.
Compensatory pension or gratuity will
be service pension or gratuity granted to a person who before completion of his engagement is: (1)
Discharged or transferred to reserve:(a)
On account of disbandment of a unit.
(b)
On account of reduction or re-organization of
establishment.
(c)
On becoming unsuitable for retention owing to a charge
of change of class composition, provided that the individual cannot be absorbed in another unit/trade; or
37
(d)
(2)
In any other circumstances approved by the President.
Discharged: (a)
On failure to qualify at a sufficiently high standard in an
educational or service examination or test; or
(b)
Compulsorily at a time when medically categorised as
category B or C, not being able to fulfil their operational
commitments.
Compensatory pension will be granted on completion of qualifying
service of ten years or more; compensatory gratuity will be admissible
for lesser period of service.
65.
Payment of Gratuity to Heirs. When an individual dies in service before
completing minimum service to qualify for pension and his death is not attributable to or
aggravated by service conditions, gratuity at the rate of one month's emoluments for each
completed year of service will be paid to the heirs of the deceased.
66.
Gratuity for Voluntary Retirement. Where an individual, on regular terms is
permitted to retire at his own request before completing fifteen years of service, he will
be entitled to the earned gratuity as under: a.
Those who leave the service voluntarily before completing five
years shall not be entitled to any gratuity.
b.
Those permitted to retire between five to ten years of service should
be allowed 3/4th of their earned gratuity.
c.
Those permitted to retire between ten to fifteen years of service
should be entitled to the full amount of earned gratuity.
67.
On Resignation of Commission.
No pension or
admissible to those who are permitted to resign their commission.
gratuity
will
be
68.
Pension of Individuals Who are Dismissed/ Removed or Discharged from
Service for Reasons of Indiscipline or Inefficiency
a.
Where an individual has rendered qualifying service of ten years
or more when dismissed, by sentence of a court-martial or otherwise, he
may be granted pension exgratia at the discretion of the Government at a
rate not exceeding half of pension/gratuity which he would got, had he
been retired/discharged under normal
conditions.
b.
c.
69.
38
An individual removed or discharged before completion of initial period
of colour service for reasons of indiscipline may, on completion of
fifteen years qualifying service or more, be granted pension at two third
of the rate which would otherwise have been admissible had he been
retired/discharged under normal conditions. For qualifying service of
less than fifteen years but more than ten years, he may be granted
gratuity at two-third of amount, which would have been admissible had
he been retired/ discharged under normal conditions. No gratuity will be
admissible for qualifying service below ten years. The grant of pension
or gratuity under this sub-rule will be exgratia at the discretion of the
federal government.
An individual discharged before completion of initial period of colour
service for reasons of inefficiency on completion of fifteen years
qualifying service or more, will be granted full earned pension. For
qualifying service of less than fifteen years, earned gratuity will be
granted.
Forfeiture of Service for Certain Offences and its Restoration
a.
b.
A person subject to the Pakistan Army Act 1952, who has been found
guilty of any of the following offences: (1)
Desertion; and
(2)
An offence under clause a of section 138a of the Pakistan Army
Act 1952, shall upon his conviction by a court-martial or otherwise on his confession as to the guilty, forfeit the whole of his
prior service towards pension or gratuity.
A person who has forfeited service under the provisions of sub-rule a
above, but has not been dismissed, shall be eligible, on completion of
five years further colour and/or reserve service with exemplary conduct,
to reckon the forfeited service towards pension or gratuity'.
70.
Withholding or Reduction of Pension/Gratuity.
Pension
(including
commuted value of the pension) or gratuity may be withheld or reduced to meet any
public claim outstanding against the individual, any service debt due against It or any
Service claim which is payable P4 by him to the Government.
71.
Pension of Re-employed and Re-enrolled Persons. Persons
re-employed/re-enrolled may elect to count their former qualifying service towards
pension and gratuity under the following conditions, namely: a.
If the total service rendered (former as well as re-employed/re-enrolled)
does not entitle the person to pension at the time of final discharge/
release, he will be paid service gratuity due, which will be calculated for
39
the total service and reduced by the amount of service gratuity lie may
have received for his former service.
b.
A person having twelve or more years of former qualifying service,
or as soon as a re-employed/re-enrolled person has rendered total
qualifying service of twelve years (former as well as re-employed/
re-enrolled) lie will be asked to elect to count his former service
towards pension. If he so elects, refund of gratuity for former service, if
drawn, will commence from the date of election and the gratuity will be
recovered in not more than thirty six instalments.
c.
When such a person is retired before service gratuity has been
recovered, he will be given the option by the OC, of: -
d.
(1)
Refunding the un-recovered portion of service gratuity in lump
sum; or
(2)
Electing to have the service gratuity recovered from the pension
in which case payment of pension will commence after the un-recovered amount of service gratuity due to the Government
has been realised.
If the re-employed/re-enrolled person is in receipt of pension, he may
elect to suspend his pension and count re -employed/re -enrolled
service towards enhanced rate of pension.
Note: (1)
(2)
At the time of re-enrolment the individual shall have declared his former service and cause of discharge therefrom
and elected to count that service towards pension or
gratuity. The election once made shall be final and irrevocable.
Ex-servicemen whose pensions are the liability of a Government
of Pakistan will not be permitted to combine any portion of their
former service with their re-employed
service for the purpose of pension or gratuity. If already
in receipt of pension, they will be allowed to draw pension
in addition to pay but their re-employed service will not
qualify for increase in such a, pension or for any fresh
grant of pension or gratuity in respect of re-employed
service.
72.
Only One Pesnion is Admissible. Except where otherwise specially provided
for, no individual shall draw more than one pension; the inferior pension shall lapse.
40
73.
When Gratuity Lapses to the State. The service or invalid gratuity
admissible to a combatant or non-conibatant (enrolled), after completion of service or
on invalidment, shall lapse to the State in the event of the person concerned dying whilst
in the service after having earned such gratuity.
74.
Men Invalided on Account of Leprosy. Combatant soldiers who are
invalided on account of leprosy and who are riot entitled to a pension or gratuity, may
be granted such gratuity as the Federal Government may, in accordance with spirit of
these regulations, decide.
75.
Men Who Aggravate or Retard the Cure of Their Disability.
An
individual, eligible for pension or gratuity, who aggravates or retards the cure of his
disability, shall forfeit all claims to any class of pension or gratuity.
76.
Men Invalided on Account of Malingering or Indulgence in Drugs or
Drink.
An individual, eligible for pension or gratuity, invalided in consequence of
malingering or of any disorder (including insanity), resulting from indulgence in drugs or
drink shall be ineligible for pension irrespective of length of service but shall be dealt
with as follows: a.
If he has rendered sufficient qualifying service to earn a pension, he
may, at the discretion of the competent authority, be granted the whole
or part of the maximum gratuity laid down for his class.
b.
If he has rendered sufficient qualifying service to earn a gratuity only, he
may, at the discretion of the competent authority, be granted the whole
or part of the gratuity normally admissible according to length of
qualifying service.
77.
Circumstances in Which Pension and Gratuity May be Withheld. In
individual cases the service/ disability / family pension, children allowance, gratuity or
any arrear thereof may be withheld with the approval of the President, where exceptional reasons exist for considering that the grant of such concession would be opposed to
the general spirit of these regulations.
78.
Treatment of Pensioners Who are Convicted of Serious Crimes or
Guilty of Grave Misconduct
a.
A pensioner, who is convicted of a serious crime by a court of law or is
guilty of grave misconduct which is not of a political nature, shall be
liable to forfeiture of his pension service, disability and family pensions
and children's allowance in whole or in part. A pension forfeited under
this sub-rule, unless and until restored, shall lapse to the State.
41
b.
A pensioner, who is convicted of a crime by a court of law or is guilty
of misconduct of a political nature, shall be liable to forfeiture of his
pension service and disability pension, exgratia award of pension, family
pension drawn by adult males only and children's allowance.
c.
A pension reduced, withheld or forfeited in the circumstances stated in
the preceding sub-rules may be restored, in full or in part, with the
approval of the President.
d.
In applying the provisions of this rule, the procedure laid down in rules
40 and 41 of the Pension Regulations, Volume-II (Army) 1986 shall be
followed.
79.
Disability/Family Pension of Individuals When Employed on Bomb
Disposal Duties.
For the purposes of disability/family pension, injury or death
caused otherwise than through their own negligence or misconduct may be regarded as
attributable to military service in a field service area. In the case of family awards death
gratuity will be payable in addition.
SECTION 2 - SCALE OF PENSION/GRATUITY
80.
Method of Calculation of Pension. All types of pension, namely retiring,
invalid, compensation and superannuation, will be calculated as per following formula: (Average emoluments inclusive)
(Qualifying
Subject to the)
of dearness allowance plus
) X 7/10 X (Service
condition)
Rs. 105/)
( 25
quotient does)
not exceed 1)
Notes: 1
In the case of posting abroad during the period of one year
(or a portion thereof) preceding retirement, the/average
emoluments would be calculated by taking into account
the dearness allowance that would have been drawn (or
were drawn in Pakistan) but for posting abroad.
2.
An increase of 10% over the existing gross pension, subject
to a maximum of Rs. 200/-, is admissible from the Ist July,
1983 to those pensioners who retired upto the 30th June
1983. This increase is not admissible during tile period of
re-employment.
3
In case where the pay of personnel below commissioned
rank has been reduced, otherwise than a penality the
average for the purpose of pension may, at the option of
42
the pensioner, be calculated on the basis of the emoluments
drawn or which would have been drawn, during the last three
years of service.
81.
Additional Pension. Additional Pension shall also be admissible to the JC0s at
the following rates: a.
b.
c.
N/Sub
Sub
Sub Maj
-
Rs. 30/- pm
Rs. 40/- pm
Rs. 50/- pm
82.
Condition for the Grant of Additional Pension. The grant of additional
pension to JC0s will be subject to the following conditions namelya.
This element will be admissible at the rate of Rs. 10/- pm to N/Sub, Rs.
13/- pm to Sub and Rs 16/- pm to Sub Maj for each completed year of
effective service in the relevant rank. The maximum given in rule 81 will
be admissible on completion of three years effective service in the rank.
b.
The additional pension will be admitted for service in the paid acting,
temporary or substantive ranks.
c.
Where a JCO has held a higher paid rank (acting/temporary), service in
full pay in that rank (vide sub-rule below) will count as service
qualifying in that rank or in the lower rank for which additional pension
is payable, if more favourable. If such a X0 was reverted to a lower
rank on account of inefficiency or for disciplinary reasons, service in the
higher paid rank will not count for grant of this pension attached to that
rank but will so count for service in the rank to which he is reduced
provided additional pension is attached to this lower rank also. This,
does not apply to those periods of service in higher rank specified as
approved.
d.
A JCO may draw additional pension for a lower rank in conjunction
with that for higher paid acting/ temporary rank, provided the aggregate
of his pension does not exceed the maximum of the additional pension
laid down for the higher rank.
e.
Only completed years of full pay effective service in the rank will
count as qualifying. Authorised absence during this period on leave
or duty including courses of instructions will be qualifying service for the
purpose provided the YO retained the rank during the period and was
in receipt of the full pay thereof.
f.
The entire service on full pay in a rank to which this pension is atta-
43
ched will count and it is riot necessary that such service in the rank
should be continuous.
83.
g.
Service oil full pay for any broken period of a year in a higher paid
rank may count as service in the lower substantive/ temporary rank, if
the JCO's pension would thereby increase subject to the operation of
sub-rule c above.
h.
The additional pension will not be given as a matter of course but only
when the service rendered is approved as satisfying the standard of
work and conduct required of the JCO in the rank.
Retiring Pension of Honorary Commissioned Officers
a.
The formula for the calculation of service element of pension of
Honorary Commissioned Officers will be the same as for the JOs/ OR.
In addition, the Honorary Commissioned Officer will be entitled to
additional pension at the rate of Rs. 50/- pin, which shall be subject to
the conditions as laid down in rule 82 above.
b.
The minimum service element of pension of the honorary commissioned officer will in no case be less than(1)
(2)
Note:
84.
Honorary Lieutenant
Honorary Captain
Rs. 475/- pm
Rs. 575/- pm
The pension of honorary Lt/Capt will be calculated
under rule 80 above, but they will be eligible for a
pension of Rs 475/- per month and Rs 575/- per month
respectively, if more favourable.
Special Pension.
a.
Junior Commissioned Officeis. A Subedar Major compulsorily
retired with fifteen years or more qualifying service on completion of a
tenure of appointment of five or more years of service will be eligible for
a special pension of Rs 200/- per month. This rate includes personal
allowance. He will have a proportionate pension based on this rate, if
the qualifying service is ten years (and the tenure of appointment of five
or more years has been completed) but less than fifteen years or
pension calculated under rule 80 whichever is favourable.
b.
Non-commissioned Officers . Those who are granted honorary rank
of Naib Subedar on retirement will receive a special pension of Rs 10/per month in addition to the earned pension.
44
Note:
NCOs who are awarded Tanigha-e-Kffidmat(Mil.) Class-III
and
who are subsequently granted the honorary rank of
N/Sub on retirement shall draw the monetary allowance
attached to the said decoration and shall not in addition be
entitled to the grant of special pension of Rs 10/- per month
admissible on the grant of honorary rank of N/Sub on
retirement.
SECTION 3 - DISABILITY PENSION/FAMILY PENSIONL
DEPENDENT PENSION/CHILDREN ALLOWANCE/
COMPASSIONATE ALLOWANCE/FUND AND
CONSTANT ATTENDANCE ALLOWANCE
85.
Extent of Application Where death or disability rendering a person
permanently unfit for military service was due to wounds injuries or disease directly
attributable to or aggravated by the conditions of military service, the rules contained in
this section shall apply to the following personnel, namely:-
86.
a.
All those personnel (including PMA cadets) who were in service on the
6th April, 1965 and those who joined after that date.
b.
Reservists called up for training or recalled to colour service, and
c.
Personnel of Civil Armed Forces including non-combatants (enrolled)
when operating under the operational command of Pakistan Army.
Basis of Assessment
a.
b.
Pensionary benefits and children's allowance will be determined in
accordance with the paid acting/temporary/substantive rank held and
pay drawn on either of the following dates:(1)
Date on which wound, injury was sustained or illness/disease
contracted,
(2)
Date of invalidment from service, or
(3)
Date of death, whichever is more favourable.
Pay for the purpose of determining pensionary benefits and children's
allowance will include an the elements as defined in these regulations
plus Rs.105/- per month in lieu of elements in kind (irrespective of
rank).
45
87.
Disability Pension to Consist of.
service and disability elements as follows:a.
b.
Disability pension shall consist of
Service Element
(1)
Upto 10 years service. -
Service pension as for
a qualifying service of
10 years.
(2)
Over 10 years but upto years service.
Service pension as for 15 15
years service.
(3)
Over 15 years but upto 20 years service.
Service pension as for 20 years
service.
(4)
Over 20 years service. -
Service pension as for 25
years service.
Disability Element
(1)
(2)
The disability element of disability pension in all attributable
cases for disabilities whether sustained in field or peace service
area will be as under: (a)
Disability graded
as class A
-
1/3rd of pay plus 33% of this
amount subject to a minimum
of Rs. 60/- pm.
(b)
Disability graded as class B
1/6th of pay plus 33% of this
amount subject to a minimum
of Rs. 60/- pm.
(c)
Disability graded as - 1118th of pay plus 33% of class
C
this amount subject to
a minimum of Rs 301- pm.
Service element of pension would be admissible in addition.
Note: Disability pension will be calculated as at a and b above but the
aggregate of service and disability elements shall in no case be
less than: (a)
The full reckonable pay for the disabilities
graded as class A.
(b)
75% of the reckonable pay for the disabilities
graded as class B; and
(c)
5017o of the reckonable pay for the disabilities
graded as class C.
(3)
46
Classification of Disabilities. For the purpose of the
assessment of the rates of disability pension under rule 37,
disabilities shall be expressed as under:(a)
Class A With Constant Attendant Allowance .
i.
ii.
iii.
iv.
v.
(b)
Loss of use of two or more limbs.
Total loss of eye sight.
Paraplegia or hemlegia.
Lunacy.
Wounds, injuries or diseases resulting in a
disability due to which a person becomes
incapacitated.
vi.
Advanced incurable diseases where a special
recommendation, on the merits of each case, is
made by the medical board/medical
Class A
i.
ii.
iii.
iv.
v.
v i.
(c)
(d)
Loss of hand or foot.
Very severe facial disfigurement.
Emasculation.
Total loss of speech.
Total deafness (both ears).
Advanced cases of incurable disease.
Note: Wounds, injuries or disease of limb resulting in
damage of nerves, joints, or muscles making the
whole of limb useless would mean loss of that
limb. However, cases in which a partial function
is retained will not be included in this class.
Only such cases will be included in this class
where the earning capacity of the individual has
been totally impaired due to invaliding disability.
Class B
i.
Loss of thumb of at least three fingers of hand.
ii.
Partial loss or one or both feet at or beyond
tarsome-tatarsal joint.
iii
Loss of vision of one eye.
vi.
Loss of all toes of one or both feet. .
Class C
i
Limited restriction of movement of joint due to
injuries,
ii.
Disease of a limb restricting performance of
duties as a soldier.
Note: When the wound, injury or illness causing the disability is not
specified above, the disability shall be assessed by the medical
47
board at the time of classification, most closely
corresponding to those given above.
(4)
c.
Production of Strict Proof of Attributability to Military
Service
(a)
In case where the disability or death occurs from
wounds, injury, or illness contracted in ordinary peace
conditions, strict proof that the cause of the disability
or death is genuinely attributable to military service shall
be produced before a claim for a disability pension or
special family pension and children's allowance is
accepted.
(b)
Cases in which, owing to local circumstances, strict
proof is not available but reasonable evidence failing
short of strict proof has been furnished, shall be decided
with approval of the President.
Rates for Cadets (Whilst under going training at PN1A/OTS)
(1)
Disability Pension
(a)
(b)
(c)
88.
Disability graded as
class A
Disability graded as
class B
Disability graded as
class C
-
-
Equal to full pay.
-
Equal to 75% of pay.
-
Equal to 50% of pay.
(2)
Family pension
66% of pay.
(3)
Dependent pension
-
(4)
Children's allowance
-
40% of pay.
At the appropriate
rates prescribed for
personnel below
commissioned rank
of the army.
In no case shall the total of family pension plus the children's
allowance exceed the pay of the individual.
Period for Which Pension is Granted
a.
If on the date of invalidment ie, the date of invalidment from the service,
the disability (eg loss of arms/legs/limbs/ eyes, etc) of an individual is
certified to be incapable of improvement, the pension shall
48
be granted permanently from the date following that of
invalidment. In other cases the disability pension will be granted
for two years in the first instance, to be assessed finally on
expiry of this period by a Re-survey Medical Board according
to the then condition of disability.
b.
If, at any time, a permanent or temporary substantial increase occurs in
the degree of disability as a result of its original cause and is classified in
a higher class, a disability pension may be granted or the pension
already granted permanently may be increased to the appropriate higher
rate with effect from the date of the Medical Board, which certifies as to
the permanent or temporary substantial increase in the disability.
c.
When a disability pension has been granted temporarily for a definite
period, its continuance or discontinuance, according to the finding of the
Re-survey Medical Board, shall have effect from the date of the expiry
of the previous award irrespective of the date on which the board
assembled.
d.
Any decrease (of a permanent or temporary nature) in the degree of a
permanent disability will involve corresponding reduction in the disability
element of pension with effect from the date of Re-survey Medical
Board.
89.
Position of Personnel Whose Disability Falls Permanently Below -Class
C.
Personnel, who are granted temporary disability pension for specified periods
and whose disabilities are assessed to be permanently less than class 'C' on the expiry
of those periods, shall be granted pensions or gratuities as follows: a.
Those who have rendered a qualifying service of ten years o.,a6 over,
their service element shall be made permanent.
b.
Those ' whose service is less than ten years, shall be granted a final
gratuity at the rate of two months, pay for each completed year of
service.
90.
Position of Personnel Whose Disability Falls Temporarily Below Class
C. If the disability of an individual, who is in receipt of a temporary disability pension
for a specified period, is reassessed temporarily at less than class 'C' on the expiry of
that period, he shall cease to receive disability element of pension for so long as his
disability remains below that class.
91.
Reduction of Pension in Cases Where Compensation For Disability or
Deaf' has been paid from Public Revenues. If any compensation has been paid
from public revenues for a disability or death incurred in circumstances which
49
render a disability or special family pension admissible under these rules, the amount of
pension may be reduced with the approval of the President.
92.
Position of an Individual Whose Rank or Pay is Reduced. When an
individual who, on account of misconduct or inefficiency, is reverted to a lower rank or
has his pay reduced subsequent to the date on which the injury was sustained or the
illness contracted or, in the case of death, the cause of death originated, pension
(disability or special family) and children's allowance shall be assessed only on the rank
held or the pay drawn on the date of invalidment from the service or the date of death,
(if death occurs in service).
93.
Refusal to Undergo Medical Treatment or an Operation for Disabilities.
Cases where individuals, including those brought before re-survey medical boards,
refute to undergo medical treatment or an operation which may cure their disabilities
attributable to military service, shall not be treated as those of aggravation or retardation
of cure under rule 75 but shall be dealt with as follows:a.
The refusal to undergo medical treatment or an operation is reasonable,
the full disability pension normally admissible under the rules may be
granted.
b.
c.
If the refusal to undergo medical treatment or an operation is unreasonable: (1)
If the medical board certifies that medical treatment or an
operation will cure the disability. No disability pension, but the
ordinary, special, retiring or invalid pension or gratuity, if any,
admissible under the rules or the pension or gratuity admissible
under rule 89, where applicable, may be granted.
(2)
If the medical board certifies that medical treatment or an
operation will reduce the disability to a lower percentage. The
disability pension shall be appropriate to the lower percentage.
If that lower percentage is below class V, the ordinary, special,
retiring or invalid pension or gratuity, if any, admissible under
the rules or the pension or gratuity admissible under rule 93
where applicable, may be granted.
The question whether an individual's refusal to undergo medical treatment or an operation for his disability is reasonable or unreasonable,
shall be decided in accordance with the following criteria:(1)
Refusal to undergo medical treatment or an operation may be
held to be reasonable if in the opinion of:(a)
The medical authorities, it is improbable that such treat-
50
merit or operation would cure the disability or reduce its
percentage or where such treatment or operation may
be severe and dangerous to life; or
(b)
(2)
(3)
The officer commanding the unit, the operation or the
treatment prescribed it opposed to religious or caste
prejudices of a valid nature and the refusal is the
bonafide outcome of such prejudices.
Refusal to undergo medical treatment or an operation will be
treated as un-reasonable if in the opinion of:(a)
The medical authorities it is due to malingering; or
(b)
The commanding officer, it is due to a desire to avoid
further service or to obtain or retain a pension or to
receive an enhanced pension.
If the individual in the opinion of the officer commanding the
unit, has grounds not covered by the above sub-rules for
refusing medical or operative treatment, the case will be
referred to the formation commander for a decision as to
whether the objection is reasonable or not and his decision will
be final.
94.
Special Family Pension and Children Allowance. These shall be granted to
the family of an individual who dies on account of wounds, injury or illness, the cause of
which is attributable to or aggravated by military service.
95.
Option to Elect Special Family Pension and Children's Allowance When
Invalided out with Total Disability The individual shall have the option to elect
special family pension and children's allowance in lieu of disability pension where the
former is more favourable.
96.
Rates and Conditions for the Grant of Special Family/Dependent
Pension and Children's Allowance. The rates of special family pension/ dependent
pension will be as follows: a.
Special Family Pension (Widow). In case of death in all attributable
cases, the widow's entitlement will be 66% of pay subject to a minimum
of Rs. 150/- per month.
b.
Dependent Pension. The dependent pension in case of death in all
attributable cases will be 40% of the pay subject to a minimum of Rs.
100/- per month for HCOs/JCOs and Rs.72/- per month in case of OR
including non-combatants (enrolled). In no case shall the total of
51
dependent pension plus children's allowance exceed the pay of the
deceased.
97.
Conditions for the Grant of Dependent Pension
a.
If the deceased has left parent(s) and children, but no widow(s), then
the mother/father will receive dependent pension and the children will
receive the motherless rate of children's allowance.
b.
If the deceased has left neither widow nor children nor parents, then the
deceased's brothers/sisters will receive the dependent pension. The
payment of this pension and its cessation shall be governed under the
existing rules except that it would be admissible upto the age of twenty
one years.
98.
Pension under rule 96 and 97 will be admissible in addition to any previous
pension, which an eligible heir may be drawing at that time or may become entitled to
draw.
99.
Rate of Children's Allowance. The rate of children's allowance per month
are given below: Rank
Motherless
Child
With
a.
Mother
Rs.
Rs.
Drawing pay Rs 200/- and above.
(1)
Per child upto 5 years of age.
130/-
70/
(2)
Per child over 5 years to 15
years of age.
170/-
100/
Per child over 15 years
to 21 years of age.
200/-
130/-
90/-
50/-
130/-
75/-
200/-
130/-
(3)
b.
Child
Drawing pay under Rs 200/(1)
Per child upto 5 years
of age.
(2)
Per child over 5 years to
15 years of age.
(3)
Per child over 15 years to
21 years of age.
Notes: (1)
(2)
52
The existing condition that special family pension plus
children's allowance shall not exceed pay of the deceased
will continue.
Children allowance to a child whose mother (the widow
of a deceased officer/personnel below commissioned rank)
in receipt of a family pension if re-marries, will be admissible at the rate of a child "with mother" and not "mother
less child".
100. Period for Which Children's Allowance is Granted. Children's allowance
may be granted to a son/unmarried daughter upto the age of twenty one years. If he/she
is a crippled or otherwise physically or mentally unable to support himself/herself, the
allowance may be continued for life as a special case, provided the disability originated
before his/her attaining the age limit of twenty one years.
101. Payment of Children's Allowance to a Child Who is Employed Under
Government. The provisions of rule 105 shall also be applicable to children's
allowance.
102.
Other Conditions for the Grant of Children's Allowance
a.
Entitlement to children's allowance shall be determined by the
competent authorities and under the conditions laid down in relevant
rules of these regulations.
b.
In no case shall the total of special family pension/ dependent pension
plus children's allowance exceed the pay of the deceased calculated
under the relevant rules of these regulations.
103. Ordinary Family Pension. It will be admissible the families in all noncountable cases as under:a.
If Death Occurs Whilst in Service
(1)
Less than 5 years Service.
Nil
(2)
5 years or more but less than
10 years service.
11/2 % months pay as gratuity
for each completed year of
service.
(3)
10 years or more service. (a) Gratuity at prescribed rates
on civil side in lieu of 1/4 of
the gross pension.
53
(b)
b.
Family pension for life or till
re-marriage, whichever is
earlier, at 50% of the gross
pension which would have been
admissible under military rule to
the service rendered before
death. In the case of death or
remarriage of the widow, the
pension be admissible to the
sons, if any, until they attain the
age of twenty one years and to
the unmarried daughters, if any,
until they are married or attain
the age of twenty one years,
whichever is earlier.
Death After Retirement. The widow shall be allowed family pension
for fife or until re-marriage whichever is earlier, at 50% of the net
pension. In the case of death or re-marriage of the widow, the pension
shall be admissible to the sons, if any, until they attain the age of twenty
one years and to the unmarried daughters, if any, they are married or
attain the age of twenty one years, whichever is earlier.
104. Conditions of Eligibility for a Family Pension. A member of the family
specified in rule 12 who is not in receipt of another pension or employed under the State
shall be eligible for the grant of a family pension under the following conditions, namely:
a.
Widow/husband
-
Till re-marriage
b.
Mother
-
For life
c.
Father
-
For life
d.
Son/unmarried daughter -
Who is below the age of twenty
one years or upto the date of
marriage of a daughter which
ever is earlier. A son/unmarried
daughter above that age shall be eligible
if he/she is crippled or otherwise
physically or mentally unable to support
himself/ herself.
54
e.
f.
Brother
Sister
-
Upto the age of twenty one years.
Upto the age of twenty one years
or date of marriage whichever is
earlier.
105. Conditions Governing the Payment of a Family Pension. A family pension
shall be paid under the following conditions, namely:a.
A family pension shall not be drawn in conjunction with another
Government pension. The less advantageous pension shall be surrendered from the date on which the grant of the second pension takes
effect; and
b.
A family pension shall merge in the pay of any appointment under
Government and shall therefore cease to be issuable from the date a
family pensioner obtains employment under Government. If, after
employment the pension exceeds pay, the pensioner shall receive half of
such pension in addition to pay. Full pension shall be admissible on the
termination of such employment.
106. To Whom the Original Grant of Family Pension be Made . Original grant
of family pension be made to the widow of the deceased if she is still alive, irrespective
of nomination, but if the widow is not alive or has remarried, the pension shall be
granted to the living heir who stands highest in the list of rule 104, on the date on which
the pension sanctioning authority decides that the claim to pension is admissible.
107. Grant of Family Pension for Second Life. In case of death or
disqualification of original grantee, the pension will be re-granted to the next eligible heir
in the order of precedence from the date following that of the death or from the date of
disqualification of the original grantee.
108. Constant Attendant Allowance. The constant attendant allowance shall be
admissible at the rates and under the conditions given below:a.
Rates
(1)
(2)
b.
HCOs/JCOs
OR including NCs (E)
-
Rs. 100/- per month.
Rs. 80/- per month.
Conditions
(1)
The allowance will be granted only in those cases where the
55
pensioner requires the services of a constant attendant and the
need for attendance arises solely from the conditions of the
accepted disability and classified as class A.
(2)
The recommendations of the invaliding medical board regarding
the grant of the allowance are approved by the Medical Directorate, Adjutant General's Branch, GHQ.
(3)
The allowance will not be admissible for the period during
which the pensioner is provided with the services of an attendant free of cost of any hospital or institution.
109. Grant of Disability Element to Personnel of the Armed Forces Suffering
from Disabilities Attributable to Witary Service in Medical Category Higher.
Than 'E'. Personnel below commissioned rank, who are released or discharged when
placed in medical category B or C and do not continue to serve till they complete the
period for which engaged, may be awarded by the Government, on the merits of each
case, a disability element of disability pension at the rate appropriate to the classification
of disablement under normal rules provided the disability is accepted by the
Government as attributable to or aggravated by military service.
Note:
A disability element of pension shall not be awarded in respect
of disablement classified less than C.
110. Purpose for Which Family Pension is Granted. A family pension is
intended for the support of all the eligible members of a family irrespective of the fact in
whose name it stands.
111.
Date from which a Grant of Fan-dly Pension takes Effect
a.
Subject to the rules, in Volume 11 of these regulations governing the
payment of belated claims, a family pension may be granted as soon as
the admissibility of the claim can be verified and with effect from the
date following that of the casualty which created the claim.
b.
If a claimant was eligible for a family pension on the date following that
of the casualty but dies or becomes disqualified before the date on
which the pension sanctioning authority decides that the claim is
admissible; and the grant is made to another eligible heir in consequence, the grant shall take effect from the date following that of the death or
from the date of disqualification of the immediately prior eligible
claimant. The arrears prior to this date shall, in the event of the claim
being established and subject to the aforesaid rules in Volume 11 of
these regulations, be granted to the prior eligible claimant or claimants
or to their estates, upto the date preceding that of their disqualification,
or upto the date of death, as the case may be.
56
Illustration. A soldier died on the 31st December, 1980. He left a
widow, father and mother all of whom were eligible for family pension
on the Ist January, 1981. The widow re-married and was disqualified
on the 1st October, 198 1. The pension sanctioning authority admitted
the claim for pension on the lst June, 1982. The grant of pension to the
father, if eligible will take effect from the Ist October, 1981. The arrears
for the period from the Ist January, 1981 to the 30th September, 1981
will be paid to the widow subject to the usual conditions regarding
payment of arrears.
c.
If on the date referred to in Sub-rule (b), all the eligible members are
dead or disqualified, the arrears may only be paid after obtaining the
approval of the President.
d.
In no case shall claims preferred after disqualification be entertained.
112. Division of Family Pension Between Widows. Where an individual has left
more than one widow, the family pension shall be divided equally amongst them. on the
death or disqualification of one of the widows her share of the pension will revert to the
surviving widow(s).
113.
Division of Family Pension Between Eligible Heirs
a.
If the recipient of a family pension fails to contribute proportionately
towards the support of other eligible heirs in the family who were
dependent upon the deceased soldier or non-combatant (enrolled), or if
the pension is in the name of a child but is not devoted to the interest of
the family generally, a competent authority may, on the advice and
recommendations of the Deputy Commissioner or Collector of the
District, 'divide, at his discretion, the family pension among the eligible
heirs of the deceased soldier or non-combatant (enrolled). The competent authority for the purpose of determining whether the recipient of
pension has failed to contribute proportionately, under this rule, will be
the COAS or any other officer to whom he has delegated such powers.
b.
The division shall hold good only for the period during which the
pension is payable to the original recipient under the rule governing its
grant. If, during this period, one of the parties to the division (other than
the original recipient), is disqualified or dies, his or her share shall be
restored to the original recipient, if he or she is the only one living, or
shall be divided among the remaining recipients, if there is more than
one
57
c.
Children's allowance, where granted is intended for the maintenance of
children and the fact that an adult recipient of a family pension refuses to
contribute towards the children's support shall not ordinarily justify the
pension being divided. Special cases of hardship will be submitted to
the Government for order.
114. Division of Death Gratuity. Death gratuity admissible under rule 15 and 16
will be paid to the eligible heirs of the deceased personnel below commissioned rank in
the manner prescribed below:a.
Deceased shall declare in their life time the names, with relationship, of
their dependents indicating the proportion in which the death gra tuity
may be divided amongst their eligible heirs including wife (wives). This
division shall be carried out at the discretion of Adjutant General or the
authority to whom he may delegate his powers, depending
on merits of each case.
b.
If there is no nomination the death gratuity will be paid to the widow(s)
and this will not be divisible amongst the widow(s) and other eligible
heirs. Where there are more than one widow according to the service
records this will be divided equally amongst the widows.
114A. Payment of Ordinary Family Pension in cases of Personnel
Below Commissioned Rank When Remain missing for Seven Years. If a Junior
Commissioned Officer/other Ranks/Non Combatant (Enrolled) (serving or retired)
remains missing or unbeared of for a period of seven years to the satisfaction of
department concerned, family pension may be allowed to his heirs as admissible
under the prescribed rules.
58
CHAPTER IV - MILITARY PENSION (COMMUTATION)
SECTION 1
115.
Definition of Mili" Pension and Sanctioning Authority
a.
For the purposes of these rules, military pension excludes special/
ordinary family pension and children allowance. However, in the
case of personnel below commissioned rank, service element of pension
granted to those personnel who are invalided out with not less than ten
years service, pending decision of attributability of the cause of their
disablement to military service will only be included.
b.
The sanctioning authority in case of officers shall be the Adjutant
General, General Headquarters and in all other cases the Commandant Centre concerned.
116. Limit of Commutation. A commissioned officer shall be entitled, subject to
conditions hereinafter specified, to commute for a lump sum payment any portion not
exceeding one half of any military pension which has been or may be granted to him
under military rules. Any such commutation shall be subject to the conditions that: a.
If the annual pension is Rs. 2400/- or more, the amount left uncommuted shall not be less than Rs. 2000/- a year. If the annual pension or
pension of an officer amount to less than Rs- 2400/- a year an amount
not exceeding Rs. 400/- may be commuted, provided that not less than
Rs. 1600/- a year remain uncommuted.
b.
In case of personnel below commissioned rank, commutation upto
one half of pension is permissible subject to the conditions tat the
uncommuted residue of pension shall not be less than Rs. 240/-year.
117. In calculating the amount of pension for the purposes of the conditions in rule
116, the uncommuted value portion of any other permanent pension or pensions
payable to the applicant from Pakistan or other Government revenue may be added to
it.
118. Delegation of Authority Sanctioning authority shall be personally and unreservedly responsible for any orders purporting to be issued under these rules. The
said authority, may authorise a responsible subordinate officer to sanction commutation
on his behalf.
119.
Submission of Application and Arrangements For Medical Examination
a.
Applications for commutation of pension (PAFA-862) from officers
59
and personnel below commissioned ranks (on PAFA-855) who are
invalided out of service or who apply after a period of one year from
the date of retirement shall be made in the prescribed form to the
sanctioning authorities concerned. In case of anticipatory pension, the
application shall be accompanied by a declaration in the form
prescribed in Annex B to this volume. Military pensioners who are
residing temporarily or permanently in foreign countries may apply on
the prescribed form to CMA(O), Rawalpindi / CMP, Lahore Cantt/
FPO concerned, through Pakistan High Commission/ Embassy in that
country.
b.
Medical examination of pensioners will be arranged through Pakistan
High. Commission/Embassy, at the applicant's own expense, in the
foreign country by the sanctioning authority on receipt of audit report.
120. Audit Authorities to Intimate the Sanctioning Authority. Audit authorities
will intimate to the sanctioning authority the lump sum amount payable on commutation
in the event of the applicant being reported by the medical authority.
121. Sanctioning Authority may Require the Individual to Appear before
Medical Board.
On receipt of application and intimation from audit authorities
sanctioning authority will instruct the individual to appear before a Civil/Army
(commutation of pension) medical board, whose proceedings shall be recorded on
PAFM-1349 within three months of the issue of these instructions; or if he has applied
for commutation in advance of the date of his retirement within three months from that
date but in no case earlier than the actual date of his retirement. This intimation shall
constitute administrative sanction to commutation, but shall lapse if the medical
examination does not take place within the period prescribed in the sanctioning order.
The administrative sanction may be renewed for a further period of three months
without obtaining a fresh application for commutation of pension. The above procedure
will be repeated in respect of commutation of final pension with the exception that the
individual concerned will not be required to appear before a second medical board.
122.
Withdrawal of Application etc
a.
The applicant may withdraw his application for commutation of pension
by written notice despatched at any time before the medical examination
is due to take place but this option shall expire on his appearance
before a medical authority, provided that if the medical authority directs
that his age for the purpose of commutation shall be assumed to be
more than his actual age, the applicant may withdraw his application by
written notice despatched within two weeks from the date on which he
receives intimation of the revised sum payable on commutation, or if this
sum is already stated in the sanctioning order,
60
within two weeks from the date on which he receives intimation of the
findings of the medical authority.
b.
If the applicant does not withdraw in writing his application within the
period of two weeks prescribed above, he shall be deemed to have
accepted the sum offered.
123. When Title to Receive Commuted Values Accrues. Subject to the
provisions of the rule 122, the commutation shall become absolute, that is, the title to
receive the commuted portion shall cease and the title to receive the commuted value
will accrue, on the date on which the medical board signs the medical certificate.
Note: If the commutation is asked for within one year after the retirement no
medical certificate is required.
124. Payment of Commuted Value. 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 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 were paid on the date on which commutation becomes absolute.
If the commuted portion of pension has been drawn after the date on which
commutation becomes absolute, the amount drawn shall be deducted from the amount
payable in commutation. Payment of commuted value in respect of military pensioners
whose medical boards are held in a foreign country will be made in Pakistan either to
the individual or to his duly nominated agent. Those who have acquired foreign
nationality and have been permitted by the Government to receive pension in that
country will be eligible for payment of commuted value in the currency of that country;
provided that, in the case of a person whose domicile at the time of first appointment in
Government service was Pakistani or Indian, the lump sum shall be payable in Pakistan
rupee.
125. Reduction of Pension by its Commuted Portion. Commutation, shall be
regarded as being effected on the date on which the medical board signs the medical
certificate; in the case of an impaired fife, on the date of written acceptance of
commutation or the date following that on which the option of withdrawing the
application expires whichever is earlier and the rate of pension shall be reduced by the
amount of the commuted portion as from the day following.
126. Cancellation of Commutation. If the applicant makes any statement found
to be false within his knowledge or wilfully suppresses any material fact in answer to any
question, written or oral, put to him in connection with his medical examination, the
sanctioning authority may cancel the commutation at any time before payment is actually
made and such a statement or suppression may be treated as grave misconduct.
61
127.
Calculation of Commuted Value
a.
The lump sum payable on commutation shall be calculated in
accordance with present value specified in Annex C to this volume. For
the purpose of this rule, the age in the case of impaired lives shall be
assumed to be such age, not being less than the actual age, as the
certifying medical authority may recommend.
b.
In the event of present values being modified before the commutation
becomes absolute, it shall be open to the applicant if the
modified value is less favourable to him than the previously in force, to
withdraw his application by notice in writing within fourteen days of the
date on while he receives notice of modification.
128. Date of Birth. For commutation of pension the date of birth of the applicant
will be accepted as recorded on his service documents at the time of retirement.
129. Payment of Commuted Value in Case of Death of the Pensioner. If the
pensioner dies on or after the day on which commutation becomes absolute, but
before receiving the commutation value, this value shall be paid to his heirs.
130. Expenses in Connection with Commutation Not Refundable. No refund
of any travelling or other expenses incurred by an individual in connection with
commutation of pension shall be admissible.
131.
Restoration of Pension on the Expiry of Period of Commutation.
Commuted portion of the pensions to the extent of 1/4th of the gross pension shall stand
restored, on the expiry of the period for which a pension had been commuted. In
restoring the commuted portion of pension, fraction of a year shown in the commutation
table which is less than six months shall be ignored and that of six months and more shall
count as one year.
Note: In calculating pension, or restoring commuted portion thereof, fraction
of a rupee which is less than fifty paisas will be ignored and that of fifty
paisas and more will be counted as full rupee.
132.
SECTION 2 - PROCEDURE FOR THE COMMUTATION
OF PENSION
a.
The applicant appearing before a medical board shall pay a fee of
Rs. 16/- of which Rs. 4/- shall be credited to Government as revenue of
the civil department concerned under "Head XXVII-A-Health-HMisc-Fee for medical examination" and the balance ie Rs. 12/- shall be
paid by the pensioner in cash to the board at the time of his medical
examination, to be retained and divided by the members of the board
among themselves.
62
b.
In cases where difficulty may arise in the assembly of a civil medi- ca1
board, the sanctioning authority may at his discretion convene suitable
military medical board for officers.
c.
No fee shall be paid by the pensioner appearing before an Army
(commutation of pension) Board.
d.
In order to ensure that payment is made at the rate shown for any
specified age, it is essential that the application to commute pension
should reach the sanctioning authority at least two months before the
date on which the applicant will attain such age.
e.
The medical board proceedings shall be recorded on PAFM-1 349.
133. Pensioner may Apply for a Second Medical Examination. A pensioner,
after he has once been refused commutation on medical grounds, or after he has once
declined to accept commutation on the basis of an addition of years to his actual age,
may apply for a second medical examination at his own expense, if at least a year has
elapsed since his first examination. If in the opinion of the civil medical board some
special examination is necessary which it is not in a position to carry out itself it may
require the applicant to undergo such examination at his own expense. No refund of
such expenditure will be given by the Government irrespective of the result of the
examination.
63
ANNEX A
(See Rule 19)
INDEXATION PROFORMA
Years
Rank Pay
Indexation figure
Newly indexed pay
64
ANNEX B
(See Rule 119)
FORM OF DECLARATION
HEREAS the (here state the designation of the officer sanctioning the
commutation) has consented, provisionally, to advance to me the sum of
Rs……………………....................... (…………………………………………….)
(in words)
being the commuted value of a part of the anticipatory pension, in anticipation of the
completion of the inquiries necessary to enable the Government to fix the amount of my
pension and consquently the part of that pension that may be commuted, 1 hereby
acknowledge that, in accepting the advance, I fully understand that the commuted value
now paid is subject to revision on the completion of the necessary formal inquiries, and
1 have no objection to such revision on the ground that the provisional amount now to
be paid to me as the commuted value of the part of anticipatory pension exceeds the
amount to which 1 may be eventually found entitled. 1 further promise to repay either in
cash or by deduction from subsequent payments of pension any amount advanced to
me in excess of the amount to which 1 may be eventually found entitled.
Date ……….. 198
SIGNATURE
65
ANNEX C
(See Rule 127)
COMMUTATION TABLE
Age on next
birthday
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
Number of years
purchased
24.265
24.061
23.853
23.640
23.424
23.203
22.978
22.747
22.513
22.273
22.1028
21.777
21.522
21.260
20.993
20.720
20.442
20.157
19.867
19.570
19.267
18.956
18.641
18.318
17.988
17.650
17.307
16.956
16.596
16.231
Age on next birthday
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
Number of years
purchased
15.859
15.481
15.096
14.707
14.313
13.915
13.513
13.109
12.702
12.294
11.886
11.497
11.104
10.713
10.327
9.946
9.570
9.200
8.836
8.478
8.127
7.783
7.448
7.121
6.802
6.494
6.194
5.906
5.627
5.360
5.104
66
PENSION REGULATIONS VOLUME 1 - 1986
TABLE OF CONCORDANCE
1.
The Pension Regulations Volume 1, 1986 is completely revised edition. It
is based on Pension Regulations for the Army in India Part 11 1940 and other
government orders, letters and instructions issued upto 31 December 1985.
2.
The table of concordance given below shows columnwise rules in the new
regulations, the comparative pension regulations for the Army in India Part 11 1940 and
other references supporting modifications to pension regulations for the Army in India
Part 11 1940.
Pension Regulations
Volume 1- 1986
a
Pension
Regulations for
the Army in
India 1940
b
Other References/Authorities
c
1
-
2
-
3
-
4
3
5
5
6
6
7
-
Para 4 (d) of govt ltr no 12951/PS
of 21 Oct 68
8
-
Para. 2 of govt ltr no F-383/f)-15/69
of 10 Sep 69 as amended vide corrigendurn no 4807/169/PS4/1571/1)-213170
of 7 Apr 70 (PAO 623/69).
9
-
Para 3 of govt ltr no 383/13-15/69 of 101
Sep 69 (PAO 623169)
Para8 of govt ltr no 1295 1/PS of 21
Oct 68, para 7 of govt ltr 12954/PS
of 21 Oct 68 and 4867/9728/PS4/
2673/1)-2/58 of 30 Sep 58.
-
67
a
b
c
10
4
-
11
206
-
12
-
13
37,99 and 349
14
-
Rule 88 & 89 of Pension Regs Part Ill
1940.
15
97
Govt ltr no 223/WB/R/65 of 18 Sep 65
and F-3/D-19(Misc)/77/A of 29 Mar 77
(PAO 43/77).
16
97,98 & 99
Govt ltr no 223/WB/R/65 of 18 Sep 65
& JCS/JSA/A/1501/1/121/PC-II/500/
D-15/71 of 8 Apr 71.
17
348
Govt ltr no 4824/12469/PS-4/17561
D2B/71 of 31 Mar 71 and SPAO 22179.
18
-
Govt ltr no F-3/2/D-19/PP&R/85 of
14 July 1985.
19
-
JS1 11/85
20
14
Para 10 of govt ltr no 12951/PS of
21 Oct 68.
21
15
Para 9 of govt ltr no 12951/PS of 21
Oct 68 & PAO 544/60.
22
-
Govt ltr F-3/19/D-19 (Misc)/79/A of
19 Jul 83, para 2 of Govt ltr F-3/61
D-19/83 of 18 Aug 83, para 14 of ltr
no 12951/PS of 21 Oct 68, F-3/6/DA9
(Misc)/77 of 29 Mar 77 (PAO 43/77),
F/3/63/D-19(Misc)/77 of 11 Apr 78,
Govt ltr no JSS-3/536/II/PC/D-8 of
1 Sep 55 (PAO 317/72), para. 8 of JSI
5166 as amended vide corrigendurn
2179 (SPAO 14/80 and 7/80).
68
a
b
c
3/6/1)-19/83 of 18 Aug 83, F-3/7/1)-19
(PP&R)/S5 of 14 July 1985 and AR(R)
262-A(c).
23
-
Para 15 of govt ltr no 12951/PS of
21 Oct 68, SPAO 6/82, ltr no F-3118/D
19(Misc) of 23 Jan 83, F-316/D-19
(Mise)/77 of 27 Dec 79, F-3/6/D-19/83
of 18 Aug 83 and F-3/7/1)-19(Misc)
(PP&R)/85 of 14 July 1985, 3/30/
D-19(Mise)/77 of 3.Dec 801SPA0 15/80,p
5436/PS of 14.6.71,MO.F-3/7/85/D31(PP&A) of 14 May 96
24
-
Para 2 (ii) of govt ltr no F-3/6/1)-19
(Misc)/77 of 29 Mar 77, PAO 43/77 and
para 16 of govt ltr no 12951/PS 21
Oct 68.
25
-
Para 5 of govt ltr no 1295 1/PS of 2 1
Oct 68 and 4867/18274/PS-4/~468/
D-2(13)170 of 28 Mar 70.
26
-
Para 6 of govt Itr no 12951/PS of
21 Oct 68.
27
-
Para 11 of govt ltr no 12951/PS of
21 Oct 68.
28
-
Para 12 of govt ltr no 1 295/PS of
21 Oct 68
29
-
Para 13 of govt Itr no 1 295/PS of
21 Oct 68.
30
-
Para 7 of govt ltr 1295 1/PS of 21 Oct 68.
31
-
Para 17 of govt ltr 1295 1/PS of 21 Oct 68.
32
-
JS1 2/69 and SPAO 7/80.
33
37-99 * 189
69
a
b
c
34
38
35
39
36
40
37
-
Min of Def UO Bi F-315/75/D-19(Misc)
of 5 Dec 77, para 5 of JS1 5166 and para
5 of ltr no F-3/6/DA9fflisc)/77 of
29 Mar 77 (PAO 43/77) and F-3/6/DA9/
83 of 18 Aug 83.
38
-
Para 6 of JS1 5/66
39
-
JS1 72/65 and para 6 of govt ltr no F-31
6/D-19(htsc)/77 of 29 Mar 77 (PAO 431
77).
40
-
JS1 45/65.
41
-
Para 3 of JS1 5166.
42
87
Para 4 of JS1 5/66.
43
87
44
80
45
81
46
-
47
85
48
-
49
Govt ltr no F-3/6/D-19(misc)/77 of
29 Mar 77 (Para 3 P.9d 4), PAO 43/77
and JS1 5/66 and ltr no F3/6/D-19/83
of 18Aug 83.
Para 8 of JS1 5166.
Para 7 of ltr no F-3/6/D49(16sc)/77 of
29 Mar 77 (PAO 43177) and F-316/D-191
83 of 18 Aug 83.
70
a
b
c
50
86
51
-
JS1 18/69.
52
-
JS1 3/69.
53
90
54
91
55
56
92
93
57
94
58
-
Para 1 b of JS1 3/69.
59
-
JS1 3/69.
60
-
Para 5 of ltr no 12951 /PS of 21 Oct 68
and Para 4 of ltr no F-383/DA5/69 of
10 Sep 69 (PAO 623/69) JS1 35/80.
61
-
Para 5 e of ltr no 12954/PS of 21 Oct 68
and F-383/DA5/69 of 10 Sep 69 (PAO
623/69).SPAO 15180.
62
-
Para 6 of itr no 12954/PS of 21 Oct 68
and JS1 35/80.
63
213 & 214
JSI 5/66.
Para 8 of ltr no 12954/PS of 21 Oct 68.
64
-
Para 9 of ltr no 12954/PS of 21 Oct 68.
65
-
Para 12 of ltr no 12954/PS of 21 Oct 68.
66
-
Para 13 of ltr no 12954/PS of 21 Oct 68.
67
-
AR(I ) 182.
68
-
Para 14 of ltr no 12954/PS of 21 Oct 68.
71
a
b
c
69
-
Para 15 of ltr no 12954/PS of 21 Oct 68.
70
-
Para 16 of ltr no 12954/PS of 2 1 Oct 68.
71
213
Para 17 of ltr no 12954/PS of 21 Oct 68.
72
197
73
198
74
199
75
201
76
200
77
202
78
205
79
-
Para(A) (7) of ltr no 3/4/75/D-19
(MiSc) of 14 Jul 79 (SPAO 22/79) (Rule
358)
80
-
Para 2 of ltr no F-3/6/D49(Misc)/77/A
of 29 Mar 77 (PAO 43/77), 3/6/D-19
(Msc)/ 79 of 11 Apr 83.
81
-
Para 2 (ii) of ltr no F-3/6/D49(1fisc)
/77/A of 29 Mar 77 (PAO 43177).
82
-
Para 3
“
”
83
-
Para 4
“
”
84
-
Para 11 of ltr no 12954/PS of 21 Oct 68.
85
-
Para 3 of JS1 5166,
86
-
Para 4 of JS1 5166, para 4 of ltr no W-3/
536111/PC/D-8 of 1 Sep 55 (PAO 317/72
Para 4(c) of BI 5166 and ltr no F-3/6/D
72
a
b
c
19(Misc)/77/A of 29 Mar 77 (PAO 43/77).
87
347 & 359
Para 3 of ltr no 3/6/D-19(Misc)/83 of
18 Aug 83, para 5 of JSI 5/66, ltr no
JSS-3/536/II/PC/D-8 of 1 Sep 55 (PAO
317/72 ltr no F-3,16/D49(Misc)77/A of
29 Mar 77, 4867/18352/PS-4/631/E-II/
75 of 31 Jan 75 and ltr no F-42/D45/
72 of 24 Jul 72. PAO 3/77.
88
-
Para 9 of ltr no JSS-3/536/II/PC/DS of
1 Sep 55 (PAO 317172).
89
-
Para 10 of ltr no JSS-3/536/II/PC/D-8
of 1 Sep 55 (PAO 317/72).
90
-
Para 11 of
91
350
92
353
93
361
94
-
Para 2 (ii) of ltr no JSS-3/536/I1/PC/D-8
of 1 Sep 55 (PAO 17/72) & PAO 43/77.
95
-
Para 6 of JS1 5/66.
96
-
Para 5 and 6 of ltr no F-3/6/D-19(Misc)/
77/A of 29 Mar 77 (PAO 43/77), Para 4
of ltr no 3/6/D-19(Misc)/83 of 18 Aug 83
97
-
Para 8 of JSI 5/66.
98
-
JS1 18/69.
99
-
Para 5 of ltr no F-3/6/D49(Misc)/77/A
of 29 Mar 77 (PAO 43/77) and para 9 of
JSI 5/66, para 5 of ltr no 3/6/D-19/(Nhscy
83 of 18 Aug 83 & MAG obsn.
73
a
b
c
100
427
MAG obsn file
101
431
102
-
Para 10 and 11 of JS1 5166.
103
-
Para 6 of ltr no 3/6/D-19(Misc)/83 of
18 Aug 83.
104
-
Para 14 of ltr no JSS-3/536/II/PC/D-8 of
1 Sep 55 (PAO 317/72), para 7 (b) of
JS1 5/66 and SPAO 7/80. & MAG obsn
File
105
410
106
-
Para 15 of ltr no JSS-3/536111/PC/D-80
1 Sep 5 5 (PAO 317/72).
107
-
Para 15-A of ltr no JSS-3/536/11/PC/D-8
of 1 Sep 55 (PAO 317/72),PAO 43/77.
108
-
Para 1 c of ltr no F-42/D-15/72 of
24 Jul 72 para 8 of F-3/6/DA9fflisc)/
77/A of 29 Mar 77 (PAO 43/77).
109
-
JSI 9/71.
110
398
111
403
112
-
Para 19 of ltr no JSS-3/536/II/PC/D-8 of
1 Sep 55 (PAO 317172).
113
114
115
-
116
Para 4
117
-
-do- & PAO 43/77.
JS1 26/70
Para 1 of Military Pension (Commutation)
Rules 1960 and SPAO 9/82.
Para 4 of Military Pension (Commutation)
Rules 1960 and SPAO 9/82.
Para 5 “
“
“
74
a
b
c
118
-
Pa ra 6
“
“
“
119
-
Pa ra 7
“
“
“
120
-
Pa ra 8
“
“
“
121
-
Para 9
“
“
“
122
-
Pa ra 10
“
“
“
123
-
Para 11
“
and Para 9 of PAO 42/77.
“
“
124
-
Para 12
“
“
“
125
450
-
“
“
“
126
-
Para 13 of
“
“
“
127
-
Para 14 of
“
”
“
128
-
Para 15 of
“
“
“
129
-
Para 16 of
“
“
“
130
-
Para 17 of
“
“
“
131
-
Ltr no F-3/6/1)-19(PP&R) of 14 July
1985 & F-11(i)-Reg(6)/85 of 18 July
1985.
132
-
133
Annex A
Annex B
-
Annex C
-
Paras 2 and 3 (sub para) of part 11 of
Military Pension (Commutation Rules
1960.
Para 5 of
“
“
JSI 11/85.
Annex V of Military Pension (Commutation) Rules 1960.
Annex IV to Military Pension (Commutation) Rules 1960 as replaced by annex
to govt ltr no 12952/PS of 21 Oct 68.
75
Rules of Pension Regulations for the Army in India Part 11 1940 omitted due to reasons
stated against each:1
Being blank. 7-12, 18- 20,29-35,45-46,49-50,59-64,78,100,108111,120,123-124,129-131,138-140,142,154-156,159-160,182185, 190, 207-210, 219-222, 224, 226, 230, 235-237, 242-243, 249,
254-255, 262-263,265,267, 270,272,276,278, 280, 285, 289,293-295,
299, 305, 307, 310, 313, 315, 322, 327-328, 335, 337-338, 343, 354
356, 360, 362-363, 377, 384-387, 393-395, 417-422, 433-435, 443
444, 452-455, 465-468,473-474.
2.
etc:-
Rules replaced by government of Pakistan letters/instructions and JS1s
3.
Rules
Govt letters/instructions and JS1s etc
Under which replaced
1,13-16,23-25,27-28,41
43, 79, 88-89,97,194-195,
211, 216-218, 223, 233, 344,
346-348, 357-359, 365-372,
374, 396-397, 399-403,405408,416,425,438,445-45 1.
12951/PS of 21 Oct 68, 12954/PS. of
21 Oct 68, 223/WB/R165 of 18 Sep 65,
JS1 5/66, JSS-3/536/11/PC/1)-8 of 1 Sep
55 (reproduced in PAO 317/72), 3141
75/D-19(Misc) of 14 Jul 79 (reproduced
in SPAO 22/79, F-3/6/1)-19(Misc)/77 of
29 Mar 77 and F-3/6/1)-19(Misc)/77A
of 29 Mar 77 (reproduced in PAO 43/
77), JS1 3/69 and SPAO 7/80, JS1 26/
70, Pay and Allowances Vol 1 and Military Pension (Commutation) Rules
1960. Anx to Min of Def ltr F42/1)
15172 of 24 Jul 72.
Being superfluous/redundant
2, 17, 21-22, 26, 36, 42,44, 47-48, 51-58,65-77, 83-84, 95-96, 101-107,
112-119, 121-122, 125-128, 132-137, 141, 143-153, 157-158, 161-181,
186-189, 191-193, 196, 203-204, 212, 215, 225, 227-229, 231-232, 234,
238-241, 244-248, 250-253, 256-261, 264, 266, 268269, 271, 273-275,
277, 279, 281-284, 286-288, 290-292, 296-298, 300-304, 306, 308-309,
311-312, 314, 316-321, 323-326, 329-334, 336, 339-342, 345, 351-352,
364, 373, 375-376, 378-383, 388-392, 404, 409, 411-415, 423-424, 426,
428-429, 430, 432, 436, 437, 439442, 456-464,469-472.
76
4.
Transferred to Pension Regulations Part II (Procedure)
Min of Def ltr' no 4635/6980/PPA-1(8) Defence/71 of 23/11/71 (Paras 4, 5,6,
7, 8 and 11 concerning pension) and SPAO 22/79.
5.
Pension regulations for the Army in India, Part 1, 1940 Being
Superfluous/ redundant.