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PENSION REGULATIONS


VOLUME - 11


ARMY

1986













__________________________________________________________________
(Incorporating corrections/orders issued upto 31 Dee 1985)

ERRATA

To Pension Regulations, Volume 11, 1986


Serial Page Rule Amendment




1 14 29a(2) (b) iii For 'whcih' Read 'which'.

2. 14 29c For 'regulatins' Read 'regulations'

3. 18 33b(3) (a) Words 'receipt of the' printed at the
end in Ist line of rule 33b(3)(a) may
be deleted.

(i)
RECORD OF AMENDMENTS


Serial No Amendment No Rule Amended Date of Insertion

















(ii)

RECORD OF AMENDMENTS

Serial No Amendment No Rule Amended Date of Insertion


















(iii)

PREFACE

The Pension Regulations, volume 11, 1986, are issued under the authority of the Federal
Government. These supersede Pension Regulations for the Army in India, Part 111, 1940.
These regulations have been updated upto 31 December 1985.

2. A table of concordance has been added at the end. It shows the rules in this edition, the
corresponding provisions in the superseded edition and other references on which the revised
edition is based.

3. These regulations. will be applied reasonably, and with due regard to the
interest of the State.

4. Any error and omission should be reported to Regulations Directorate,
AG's Branch, GHQ, Rawalpindi.








(SYED IJLAL HAIDER ZAIDI)
Secretary to the Government of Pakistan
Ministry of Defence

Rawalpindi, the 28 January 1986.

(iv)

TABLE OF CONTENTS

Serial No Pages

1 Record of Amendments (i--ii)
2. Preface (iii)
3. Table of Contents (iv- -v)

CHAPTER 1 - GENERAL RULES Rules

4. Extent of application 1
5. Delay in settlement of pension claims and payment of pension to
be avoided 2
6. Pension to be calculated to the nearest rupee 3
7. Counting of former service 4

CHAPTER II - GRANT OF PENSION/GRATUITY
SECTION 1 - PROCEDURE

8. Commissioned officers 5
9. Personnel below commissioned rank (including NCEs) sanction of Pension 6
10. Commutation cases 7
11. Payment 8
12. Mode of payment 9
13. Payment by PDO (Post Office/ Treasuries) 10
14. Blank 11
15. Blank 12

SECTION 2 - PENSION APPEAL COMMITTEE

16. Pension appeal committee 13
17. Composition of committee 14
18. Decision against which appeal may be submitted 15
19. Time limit for appeals 16
20. Procedure 17

CHAPTER III - PAYMENT OF PENSION

21. Date of commencement of pension 18
22. Duration of pension 19
23. Mode of payment of pension to pensioners 20
24. Identification of military pensioner below commissioned
rank 21
25. Agent 22

(v)

Serial No. Rules

26. Certificate of re-employment. 23
27. Payment in respect of deceased military pensioners 24
28. Blank 25
29. Issue of supplementary Instructions by the CMP Lahore and the
Director General, Post and Telegraphs 26

CHAPTER 1V - LIMITATION OF CLAIMS

30. General provisions 27
31. Blank 28
32. Officers, JCOs, other ranks, reservists, Non-combatants and 29
followers, and their families
33. Claims for rechecking former service for pension and gratuity 30
34. Arrears of pension - military pensioners 31

CHAPTER V - RECOVERIES AND OVERPAYMENT

35. Mode of recovery of public claims (other than over payments
of pension), regimental debits and regimental claims 32
36. Over payment of pension not due to an error in law (including
a mis-interpretation of rules and orders) how adjusted 33
37. Overpayment of pension due to an error in law including those
due to a mis-interpretation of rules and orders 34
38. Overpayment to female pensioners who submit false certificate
of widowhood or non-marriage 35
39. Powers of the CMA to write off overpayments of pension 36
40. Overpayments indicating defective system or serious failure of audit 37

CHAPTER VI - RESURVEY MEDICAL BOARD

41. Procedure for holding of resurvey medical boards for
continuance or otherwise of disability pension 38-39

1

In exercise of the powers conferred by Section 176-A of the Pakistan. Army Act, 1952
(XXXIX of 1952), the Federal Government is pleased to make the following regulations,
namely:-

PENSION REGULATIONS, VOLUME-11, 1986.
CHAPTER 1 - GENERAL RULES

1. Extent of Application. Unless otherwise provided, the rules in this part shall apply to
all personnel whose pensions are regulated under Vol 1 of these regulations.

2. Delay in Settlement of Pension Claim and Payment of Pension to be Avoided.
All officers of Government who are responsible for dealing with the pension claims shall bear in
mind that delay in the payment of pension may involve great hardship and shall do everything in
their power to prevent or shorten to the utmost such delays.

3. Pension to be Calculated to the Nearest Rupee. Pension shall be calculated to the
nearest rupee that is, where t exact amount works out to 50 paisas or more, it shall be taken to
the next higher rupee, amounts below 50 paisa being disregarded.

4. Counting of Former Service

a. The claim for counting of former service rendered in any of the armed forces,
will be preferred on Annex A. As for the type of former service, which can be
counted, and the conditions attached thereto, Pension Regulations, Volume 1,
1986, Rule 22 and 87 refer.

b. Annex A will be submitted to CORO, Corps/Regt Records Wing by the unit of
the individual as the case may be. Following documents. where applicable, will
also accompany annex A: -

(1) Record copy of sheet roll, completed in all respect, including number
and date of the Notification of the grant of commission.

(2) Authenticated documentary evidence, if any, pertaining to previous
service eg sanction of the CMA for former service, discharge certificate
proof of transfer to pension establishment etc.

(3) Conduct Sheet.

c. In case of former pensionable civil service, the claim will be supported by the
following certificate in addition to civil service records/book:-

(1) A certificate from the Accountant General of the Province in which
served or AGPR if Federal Service, that his former civil service (quoting
period) has been verified and the same is pensionable under CSR.

2

(2) A certificate from the head of the department that his hen with his civil
department has been terminated.

(3) A certificate from the Accountant General (Provincial or Federal) that
the debit for the proportionate share of the pension on the total length of
service will be accepted by him.

Note: - No claim is required in a case of combatant pensionable service where there
has been no break in service of an officer getting commission from ranks or for
the counting of service as a cadet.
3

CHAPTER 11 -GRANT OF PENSION/GRATUITY
SECTION 1 - PROCEDURE

Commissioned Officers

5. The following procedure will be followed:-

a. Action by Officer Incharge CORO

(1) On receipt of PAFA-861 (Release Order) Officer Incharge CORO shall
forward PAFA-862 (Application form for Gratuity/Pension Commutation) to
the unit of the officer for completion and return by a specified date.

(2) On receipt of pension documents, duly completed, alongwith casualty return
from the unit, will publish casualty in Part II Orders showing the date of SOD,
period of LPR and date of SOS of the officer. He will also forward one copy of
Part II Orders to PP&A Dte.

(3) Will forward following documents to CMA(O) four months before the date of
SOS, where applicable, of the officer under intimation to PP&A Dte:-

(a) PAFA-861 - One copy each to Pay section and Pension
section.
(b) PAFA-862 - One copy to Pension section.
(c) Part II - In triplicate to Pay section.
Orders.

(4) In case of officers serving with the PAF and the Navy, the above form will be
sent to Controller of Accounts of Air Force and Navy who will forward
PAFA-864 (Average Emoluments Certificate) in duplicate direct to Pension
Section of CMA (0) with a copy to CORO and a copy of the covering letter to
PP&A Dte within a week on receipt of documents from CORO.

(5) Will forward PAFA-373 (Pension Certificate) to the officer on receipt from
CMA(O) Pension Section.

Note:- CORO will ensure that documents sent to the unit are returned without undue delay.
CORO will also ensure that the documents are sent to the CMA(O) complete in all
respects including condonation of deficiency in service where admissible.

4

b. Action by OC Unit. Will return the document. mentioned in (1) above by the date
specified by CORO. In case of delay he will inform CORO stating the reasons and
giving approximate date by which the form will also be returned.

c. Action by CMA (0) Pension Section

(1) The audit report will be submitted to PP&A Dte alongwith all the relevant
documents, well in time so that pension sanctioning authority may sanction the
pension two months before the date from which it has to take effect. A copy of
covering letter will be endorsed to CORO. In case of delay they will inform
PP&A Dte stating the reasons and giving approximate date by which audit
report will be rendered, with a copy to CORO.

(2) On receipt of sanction from PP&A Dte they will notify pension and forward
Pension Certificate (PAFA-373) to CORO within one week of issue of
sanction of the competent authority. Subsequent monthly bills will be sent to the
pensioner by 10th of each month.

d. Action by PP&A Dte

(1) Will open individual file of the officer immediately on issue of his release order
and will keep a close watch on the progress of all individual pension/
gratuity/commutation cases of officers.

(2) Will issue sanction two months before the date of SOS on the basis of audit
report received from CMA (0). Original sanction alongwith documents will be
sent to CMA(O). A copy each of the pension and commutation sanction will be
sent to CORO and the officer concerned alongwith a blank pension bill
(PAFA-319) to enable the officer to claim payment from CMA (0).

e. Pension Ex-Gratia. On receipt of application from the officer the claim for this
pension will be initiated by Officer I/C CORO and forwarded to CMA (O)
who will submit an audit report in triplicate to GHQ, AG's Branch (PMA). On
receipt of sanction CMA (0) will compare it with their audit report and have it
notified.

f. Action by the Pensioner

(1) Is required to submit a monthly pension bill (PAFA-319) to CMA (0)
Pension Payment Section before 10th of each month in which pension
falls due.

(2) A pensioner has the option to authorize his bank to claim pension every
month on his behalf. For this purpose a power of attorney

5

on a judicial paper of Rs. 5.00 should be given to his banker as per
Annex D

Personnel Below Commissioned Rank (Including NCs E)

6. Sanction of Pension

a . Record will submit cases regarding service pension/ gratuity/pension/
special/ordinary family pension and disability pension to FPO, Pension Cell
concerned well before the period of two months. On receipt of audit report, the
OIC Records will ensure that pension is sanctioned not more than two months
before the date from which it has to take effect.

Notes

(1) Audit report and notification of ordinary family pension of pensioners
who proceeded on pension prior to 15 August 1981 and whose
pension was notified by CW will be dealt with by CMP.
Regiment/Corps will forward the following documents to CW in
addition to documents required to be submitted vide Appx-1 to PAO
558/51: -

(a) Copy of original PPO.
(b) Copies of subsequent corrigenda. PPOs under which
pension was revised.
(c) Pension book of the deceased.

(2) Cases of division of family pension. 2nd fife and compassionate
allowance pertaining to the period prior to 01 July 1982 will continue to
be dealt with by C11P.

b. Pension Ex-Gratia. On receipt of application from the applicant, the claim for
this pension will be initiated by OIC record and forwarded to FPO (Pension
Cell) who will submit an audit report in triplicate to GHQ, AG's Branch (PP&A
Dte) under countersignature for sanction' by competent authority. On receipt of
sanction FPO (Pension Cell) will compare it with their audit report and have it
notified.

7. Commutation Cases

a . The application for commutation of pension. on prescribed form (PAFA-855),
indicating the percentage of pension required to be commuted by the pensioner,
will be obtained from the JC0s1OR at the time of their proceeding on
discharge/retirement.

b. The commutation application alongwith the pension claim win be forwarded to
FPO (Pension Cell) concerned for rendering audit report.

6

c. OIC records will issue sanction for commutation of pension in terms of the audit
report.

d. Payment of commuted value will be made to the pensioner by the records, out
of its cash assignment, through a bank draft or cheque -as considered
appropriate. Payment authority will be obtained from FPO (Pension Cell)
before issuing cheque/draft.

Note:-The pensioners, whose pension cases were finalized prior to 15.8.81 and
1.7.82 respectively and notified by the CMP Lahore Cantt, will apply
for commutation of pension to OIC records through CMP Lahore
Cantt who will render audit report. On receipt of cheque from CMP
Lahore Cantt payment of commuted value will be made to the
pensioner by the record out of its cash assignment through a bank draft
or cheque as desired by them.

Payment

8. The sanction for pension and capitalized value on account of commuted value of
pension alongwith other relevant documents will be sent by OIC records to FPO (Pension
Cell). The FPO will compare the sanction with the audit report given by him and point out
discrepency, if any to the pension sanctioning authority for rectification thereof. He will notify the
award in the IPPO (Pension Payment Order) as per sanction and arrange payment of pension
through the PDO (Pension Disbursing Officer) concerned. Family Pension to the widows and
disability pension will be paid monthly in arrears. All other pension will be paid quarterly in
arrears. However, JC0s pensioners, who have been granted honorary commission, may if they
so desire, draw their pensions monthly in arrears. Pension payment orders will be clearly
marked as to whether payment is to be made monthly or quarterly to the pensioners concerned.

Mode of Payment

9. Pension and allowances to pensioners will be paid by one of the following agencies:-

a. Post offices. Those who are residing in the province of Punjab/NWFP/
Baluchistan.

b. Provincial Treasury. Those residing in the province of Sind (excluding Karachi),
tribal area of NWFP, Northern Areas (Gilgit).

c. Federal Treasury Karachi. Those residing in Karachi.

10. Payment by PDO (Post Offices/Treasuries). On receipt of sanction from the record
office, FPO (Pension Cell) will issue Pension Payment Orders to the PDOs for making payment
of pension to the individuals concerned.
7

11. Blank.

























12. Blank.

8

SECTION 2 - PENSION APPEAL COMMITEE

13. Pension Appeal Committee. The committee will consider appeals against the
rejection of claims to pension m respect of disablement or death arising out of military service in
the Armed Forces.

14. Composition of Committee

a. Secretary, Ministry of Defence - Chairman
b. Financial Adviser (Defence) - Member
c. Aprincipal Staff Officer (PSO) - Member
d. R~presentative Ministry of Defence - Secretary

15. Decisions Against which Appeal May be Submitted

a . Rejecting 4 claim, ie a decision against entitlement on grounds that the death or
disability was not due to or aggravated by Military Service and;

b . Assessing the degree of disablement.

16. Time Umit for Appeals. No appeal will be considered if it is submitted after the
expiry of one year from the date of issue of the decision rejecting the claim. However, the
Chairman may, at his discretion, relax this time limit.

17. Procedure

a . As soon as the claim is rejected by competent authority, the Record Office
concerned will inform the individual by registered letter (AD) about the rejection
of his claim, alongwith the date of issue of the decision rejecting the claim and
that in case he wishes to lodge an appeal against the decision he should apply to
the Pension Appeal Committee on the form given in Annex B, within one year
from the date of issue of the decision rejecting the claim.

b. Record office will make it clear to the appellant that all expenses on travelling,
stay, etc on account of his appeal in pension before the Pension Appeal
Committee or by his authorised agent will be borne by him. The appellant is
allowed to plead his case through a serving/ retired military officer.

c. PP&A Dte, GHQ will prepare a statement of case, where an appeal has been
made, setting forth.---

(1) relevant facts relating to the appellants case including medical history of
the appellant;

9

(2) the reasons for rejecting the claim;

(3) any additional grounds that warrant reviews of the previous decisions;

(4) fresh comments of medical authorities.

d. The statement of case, duly supported by relevant documents, will be
forwarded to the Secretary, Pension Appeal Committee for consideration by
the Committee. Meeting of the Committee will be held at Ministry of Defence as
and when necessary.

c. Notice of hearing the appeal as given in Annex C will be given to the individual
by the Secretary, Pension Appeal Committee, and he would be permitted to
attend in person.

f. The Secretary, Pension Appeal Committee, will communicate the decision to
the Ministry of Defence/PP&A Dte, GHQ for implementation, and the appellant
informed accordingly.

g. The decision of the Pension Appeal Committee will be final.

10

CHAPTER III -PAYMENT OF PENSIONS

18. Date of Commencement of Pension. Subject to the rules governing the payment of
belated claims and the provisions regarding family pension of these rules. -

a. A pension, other than a family pension shall be payable from the date the
individual is struck from strength (SOS) of the effective list.

b . A family pension shall be payable from the date following that of the casualty
which creates the claim.

19. Duration of Pension. A pension shall be payable for life except where otherwise
stated. A pension is payable for the day on which the pensioner dies.

20. Mode of Payment of Pension to Pensioners. Unless otherwise provided in this rule,
a pension is payable quarterly in arrears, viz, on or after the first day of the following month, but
in the following cases, pension may be paid before the end of the month: -

a. When deserving in case of festivals as ordered by the govt.

b. When there is a variation in the rate of a pension consequent on the
disbursement of the commuted value of a portion of it. Payment at the original
rate may be made up to and for the day preceding that from which commutation
of pension takes effect.

c. When a pensioner dies or ceases to be eligible for pension.

21. Identification of Military Pensioner -Below Commissioned Rank.

a. Except as provided below a pensioner must apply in person for his pension and
he shall be identified by comparison with his descriptive roll and pension
certificate.

b. In the case of severely wounded and infirm military pensioners, and female
pensioners, who are not accustomed to appear in public, personal attendance is
not necessary. Payment shall be made to a representative of the pensioner on
the production of: -

(1) The pensioner's pension certificate.

(2) A certificate, signed by a responsible Government officer or by some
other well-known and trustworthy person that the pensioner is alive.
The certificate must bear the impression of the ball of the thumb of the
pensioner's left hand, taken in the presence of that officer or person,

11

(3) A written authority from the pensioner to the representative, bearing the
pensioner's thumb impression, together with a specimen of the signature
or thumb impression of the representative.

c. The certificate, referred to at b(2), shall be accepted by the pension disbursing
officer, if he has no reason to doubt the veracity of such a certificate. He shall
inform the pensioner's representative of any further guarantee which he may
require to safeguard the payment being received by the correct person. He shall
also make independent enquiries once a year to satisfy himself that the
pensioner is still alive.

d. The pension paying officer is personally responsible for and payment wrongly
made. In case of doubt he should consult the FPO concerned.

22. Agents.The pension of an individual, drawing pension through an agent, who has
executed a bond to refund overpayments shall not be paid on account of a period of more than
a year after the date of the fife certificate last received and the accounts and pension paying
officers shall be on the watch for authentic information of the death of any such pensioner, and
on receipt thereof, shall promptly stop further payments.

23. Certificate of Re-employment. A pensioner drawing pension shall not be required to
append to his bill a certificate, showing whether or not during the period for which pension is
claimed he was re-employed, or employed under Government. In cases where pension is not
permitted to be drawn during employment or re-employment under the rules in volume 1 of
these regulations,
payment of pension shall be stopped.

24. Payment in Respect of Deceased Military Pensioners

a. Arrears of pensions claimed in respect of a deceased pensioner within three
years of his or her death shall be investigated and paid to the heirs of the
deceased by the pension disbursing officer responsible for the payment, after
such enquiry into the right and title of the claimant as he may deem sufficient. If
there reasonable doubt regarding such claim or title the payment shall only be
made to the administrator appointed by the civil court.

b. Claims preferred after the expiration of three years from the date of death, also
claims to sums in excess of Rs. 2000/-. preferred after 12 months from the
death of the pensioner and claims to arrears due for periods in excess of 12
months shall require the sanction of the CMP before payment.

c. When the exact date of a military pensioner's death cannot be ascertained, the
CMP Lahore/FPO shall have the power to admit arrears

12

of pension for the entire month in which the cas occured but when the month
or year of death is not known the payment of arrears shall be limited to a period
of one month.

25. Blank.































26. Issue of Supplementary Instructions by the CMP Lahore and the Director
General, Posts and Telegraphs

a .Supplementary Instructions for the payment of pension by the pension disbursing
officers on matters of detail, not provided for in these rules, may be issued by
the CMP Uliore with the concurrence of the Mlitary Accountant General.

b. In regard to pensions paid by the post offices, such supplementary instructions
may be issued by the Director General, Post and Telegraphs, with the
concurrence of the CMP Lahore.
13

CHAPTER IV - LBUTATION OF CLAIMS

27. General Provisions

a. First claims for pension or allowance and claims for gratuity, under military
rules, preferred within twelve months of the date on which they fall due shall be
entertained and paid with full arrears, if otherwise in order.

b. Those which are not preferred within that period may be admitted with full
arrears, if the pension sanctioning authority concerned is satisfied with the
claimant's explanation for the delay in their submission, if he is not satisfied with
the explanation, such claims shall be submitted for the orders of the President.

28. Blank.

29. Officers, JCOs and Other Ranks, Reservists, Non-combatants and Followers
and Their Families

a. Except as provided in sub-rule b, claims for the first grant, revision and
reassessment of pension or allowance and for gratuities in respect of the
categories specified above shall be dealt with as follow: -

(1) Claims preferred within twelve months of the date on which they fall due
in accordance with the general provisions in rule 27.

(2) Claims preferred after twelve months from the date on which they fall
due shall be entertained if otherwise in order with arrears as
indicated below. -

(a) Where arrears are due to rectification Full arrears subject
or mistake in assessing or reassessing to a maximum of
a pension or to revision of pension five years preceding
etc. Which is not revised through in the date of the pen-
advertance at the time of a general sion payment order
revision which the correct or
the revised rate is
notified.

(b) Claims to first grant of pension etc , or to a revision of a pension
etc in case where reassessment is to be made only on the
submission of a claim. -

i . Where explanation is considered Full arrears subject
by the pension sanctioning autho- to the maximum of
rity to be satisfactory for the five years preceding
period since the claim fell due the date of the pen-

14

sion payment order
in which the award is
notified.

ii. Where no action is taken or a peti- Upto three years pre
tion or it is turned down through ceding date of the
error and the applicant does not application which is
represent. the case again for more pursued to a finality
than a year or after that and leads to the
grant of a pension
etc, subject to the
maximum of five
years preceding the
date of the pension
payment order in
which the award is
notified.

iii. Where explanation for the delay From the date of the
is considered by the pension application subject
sanctioning authority to be entire- to a maximum of
ly unsatisfactory. three years preced-
ing the date of the
pension payment
order in which the
award is notified.

(Note: Doubtful cases, as also any case in which the grant of arrears in excess of the
period referred to above is considered to be justified in view of special circumstance of
the case, should be referred to Govt: for orders).

b. First claim for family pension preferred after the disqualification of the claimant
shall not be entertained.

c. The provisions of this rule shall apply to claims for transfer of family pension,
fifty percent increase or children's allowance and continuation of allowance
attached to decorations, e.g. I.O.M. (Indian Order of Merit) but not to the
continuation of family pension regarding which see rule 166 Volume I of these
regulations.

30. Claims for Reckoning. Former Service for Pension and Gratuity. All claims to
count former service for pension submitted by officers commanding units will, if otherwise in
order, be admitted by the audit authorities, but in cases where the delay in preferring a claim
exceeds 2 months from the date when it fell due, the matter will be brought to the notice of the
superior administrative authority for such action as may be deemed necessary.

15

31. Arrears of Pension - Military Pensioners There is no restriction for the drawal of
arrears of pension. These will be paid by the pension disbursing officers without any reference
to the audit office or the pension sanctioning authorities, subject to the validity of the pension
payment orders.

16

CHAPTER V - RECOVERIES AND OVERPAYMENTS


32. Mode of Recovery of Public Claims (Other 1han Overpayments of Pension
Regimental Debts and Regimental Claims. Public claims, other than those on account of
overpayment of pensions (for which see rule 33), regimental debts and regimental claims, which
the Government directs an individual to pay, shall be adjusted as follows-

a. Retrenchments on account of public claims ie excess of pay and unauthorised
expenditure, stoppages other than those awarded under the Army Act or the
value of losses and all other claims for which Government holds an officer liable,
shall be recovered in monthly instalments of one-third of pension until the full
claim is liquidated. A competent authority may, if it is satisfied that there are
reasonable grounds for such a course, which must be recorded in writing, relax
this rule and order recoveries to be made in smaller amounts which in no case
shall exceed twelve instalments in number.

b. Regimental debts and claims which are not disputed, the CO of the person
against whom the claim is made or from whom the debits is due may order the
recovery of the amount from his pension in such instalments as the CO
considers reasonable. If in the case of a regimental debt the person from whom
it is due, disputes the correctness of the amount or repudiates his liability, such
debt becomes a regimental claim and shall be recovered only under the orders
of the Government.

c. Recoveries from disability pension shall require the special orders of the
Government.

d. If the individual is eligible for a gratuity in lieu of a pension or if he has
commuted a portion of his pension the whole amount of the claim shall be
recovered in one instalment from the gratuity or commuted value of the pension,
as the case may be.

33. Overpayments of Pension not Due to an Error in Law (Including a Mis-
interpretation of Rules and Orders) How Adjusted. Such overpayments shall be dealt with
as follows:-

a. If the circumstances leading to overpayments; do not disclose fraud or grave
misconduct: -

17

(1) Those challenged in audit within twelve months from the date of
payment:-

(a) These shall be recovered in instalments of one-third of the
pension, if a pension is payable.
(b) If no pension is admissible, payment shall cease immediately the
error is detected and the resultant overpayment shall be
reported to the competent authority.

(2) Those not challenged in audit within twelve months from the date of
payment, including those made partly within twelve months and partly at
a date or dates more than twelve months prior to the date of challenge.
-

(a) If no pension is admissible- payment shall cease immediately the
error is detected.

(b) If a pension is admissible but at a lower rate than that paid -
payment shall be made at the correct rate as soon as the error is
detected.

In both the types of cases specified above a report shall be made to the
competent authority. Pending the orders of that authority, no recovery
of the overpayment shall be made.

(3) Action to be taken by the competent authority: -

(a) The competent authority, on receipt of the reports specified in
sub-rules (1) (b) and (2) of this rule, shall decide, subject to the
condition laid down in sub-rule (b) below, whether the whole or
any portion of the overpayment shall be recovered or written off
and shall communicate his orders to CMA(O)/FPO concerned.

(b) Overpayments made during the twelve months preceding the
date of challenge in audit shall not be written off, unless it is
absolutely impossible to effect recovery.

(4) How Recovery is Made. If it is decided to enforce recovery and a
pension is payab7e,---itshall be effected in instalments of one-third of
the pension, unless otherwise specified in the orders. If it is decided to
enforce recovery and no pension is payable, the method of recovery
shall be decided by the competent authority in consultation with the
CMA(O)/FPO concerned.

18

b. If the circumstances leading to overpayments disclose fraud or grave
misconduct. -

(1) Those challenged in audit within twelve months from the date of
payment: -

(a) These shall be recovered in instalments of one-third of the
pension if a pension is payable. If, in the opinion of the CMA
(O)/FPO concerned the circumstances warrant the stoppage of
pension in full or recovery of the overpayment in instalments of
more than one-third of the pension, a report shall be submitted
to the competent authority. That authority shall decide each
case on its merits and communicate his decision to the
CMA(O)/M concerned who will carry out such further
adjustments as may be necessary.

(b) If no pension is admissible, payment shall cease immediately the
fraud is detected and a report of the circumstances leading to
the overpayment shall be submitted to the competent authority.

(2) Those not challenged in audit within twelve months from the date of
payment, including those made partly within twelve months and partly at
a date or dates more than twelve months anterior to the date of
challenge: -

(a) If a pension is payable, payment shall be made at the correct
rate as soon as the fraud is detected.

(b) If no pension is payable, payment shall cease immediately the
fraud is detected.

(c) In both types of cases a report of the circumstances shall be
made to the competent authority. Pending the orders of that
authority no recovery of the overpayment shall be made.

(3) Action to be taken by the competent authority.. -

(a) The competent authority, on receipt of the reports specified in
sub-rules a(2) and b of this rule shall decide, subject to the
condition laid down in sub-rule (b) below, whether the whole or
any portion of the overpayment shall be recovered or written off
or whether the pension shall be withheld wholly or reduced and
if so, permanently or temporarily. Any amount withheld under
this rule shall be adjusted against the overpayment to the extent
necessary.

19

(b) Overpayment made during the twelve months preceding the
date of challenge in audit shall not be written off, unless it is
absolutely impossible to effect recovery.

(4) How Recovery is Made. If it is decided to enforce recovery and a
pension is payable, it shall be effected in instalments of one-third of the
pension unless otherwise specified in the orders. If it is decided to
enforce recovery and no pension is payable, the method of recovery
shall be decided by the competent authority, in consultation with the
CMA(O)/FPO concerned.

34. Overpayments of Pension Due to an error in Law, including Those Due to a
Misinterpretation of Rules and Orders. Such overpayments shall not be recovered but
shall be reported to the Government through the Military Accountant General. If, in any
particular case, there is a doubt or difference of opinion on this point between the accounts
officer and the local military authorities, the case shall be submitted for the orders of the
Government through the Military Accountant General.

35. Overpayments to Female Pensioners who Submit False Certificates of
Widowhood or Non-marriage. Overpayments of pension obtained by female pensioners on
presentation of false certificates of continued widowhood shall, irrespective of the amount
involved, be referred to the competent authority for orders as to the manner in which the
sum fraudulently drawn by the alleged widow shall be recovered from the pensioners who
signed the false certificates. Unless the pensioners who signed such a certificate can offer a
satisfactory explanation other than that they were ignorant of the widow's re-marriage, the sum
obtained by the alleged widow with the aid of the certificate shall be recovered from the
pensioners who signed it in shares proportionate to the pension which they are receiving, subject
to the proviso that the monthly pension of each pensioner shall not be reduced by more than
one-third. In a case of this nature no discretion shall be vested in the competent authority to
waive the recovery from the certifying pensioners of the amount irregularly paid.

The provisions of this rule shall also apply mutatis mutandis to overpayments of pension
made to female pensioners- who-submit false non-marriage certificates.

36. Powers of the CMA concerned to Write off Overpayments of Pension.
Overpayments of pension not due to an error in law (including a misinterpretation of rules and
orders) which are, from any cause irrecoverable may be written off by the CMA upto an
amount not exceeding Rs. 200/- in each case.

37. Overpayments Indicating Defective System or Serious Failure of Audit. Should
the circumstances in which overpayment has been made in any case reveal any serious
irregularity or defect in procedure or serious failure of audit for which the staff of the Military
Accounts Department is responsible a full report of the case shall be made by the CMA to the
Military Accountant General who shall take such further action as may be necessary.

20

SECTION II - RESURVEY MEDICAL BOARD

38. Procedure for Holding of Resurvey Medical Boards for Continuance or
Otherwise of Disability Pension. The procedure will be as under: -

a. When a temporary disability pension (or renewal thereof) is sanctioned to an
individual, a copy of the letter or the pension payment order sanctioning the
disability pension alongwith the duplicate copy of the proceedings of medical
boards will be forwarded to the respective record office by the FPO (Pension
Cell).

b. Record office will note the requisite particulars of the pensioner in a disability
pension register maintained for the purpose, inform the pensioner of the date of
expiry of his pension and direct him invariably to intimate any change of
address.

c. Three months before the date of expiry of the disability pension, the record
office, after locating the individual on the given address and ascertaining from
him that he will be available on this address at the time of resurvey medical
board, will approach the appropriate military hospital listed as below, under
intimation to ADMS concerned, for holding a resurvey medical board:-

CMH Rawalpindi CMH Sialkot
MH Rawalpindi CHM Lahore
CMH Bannu CMH Multan
CMH Kohat CMH Quetta
CMH Peshawar CMH Malir Caritt
CMH Abbottabad CMH Kharian
CMH Muzaffarabad CMH Nowshera
CMH Okara CMH Gujranwala
CHM Hyderabad CMH Bahawalpur
CMH Jhelum CMH Sargodha
CMH Attock CMH Mangla
PNS Shifa Karachi Agency Hospital Gilgit
Agency Hospital Skardu

d. The following documents will be forwarded by the record office to the hospital
concerned* -

(1) Duplicate copy of the proceedings of the original medical board.

(2) One copy of the last resurvey medical board proceedings

(3 ) Three copies of Resurvey Medical Board Proceedings (for holding
fresh resurvey medical board).

e. Record office will also endorse a copy of their letter, addressed to the hospital,
to the individual concerned with the instructions that he

21

should keep himself ready for resurvey medical board on the date and time to
be intimated by OC hospital and any unavoidable change in his address should
be intimated to the record office.

f. The date and time for the board will be fixed by the OC hospital. The board
will, as for as possible, be held two months before the date of expiry of the
previous award. CC hospital will issue call up notice alongwith railway warrant
(from the nearest Railway Station of the individual's home to hospital and back)
in the case of those entitled to travel thereon under existing rules. Copies of the
call up notice win also be endorsed to record office concerned. Claim on
account of cost of TA/Road Allowance will be preferred by the individual
through the CC hospital after reporting there.

g. After re-examination, the medical documents (in respect of officers only, duly
approved by the ADMS) will be returned by OC hospital to the record office.

h. Record office will forward original and duplicate copies of the proceedings of
resurvey medical board and PA17K-1 155 (Sheet Roll) of the individual to the
CMA (O)/FPO (Pension Cell) for continuance or otherwise of his disability
pension. In the case of officers, only original and duplicate copies of the
proceedings of resurvey medical board win be sent.

j. After a case has been decided by the Government/FPO (Pension Cell) /CMA
(0) the record office will be informed as under: -

(1) In case of rejection of disability pension, in the form of a letter by
GHQ/CMA(O)/FPO (Pension Cell) as the case may be.

(2) In case of sanction of continuance of disability pension, necessary
Pension Payment Order (PPO) will be issued containing details of
disability pension so granted and copy of Pension Payment Order
(PPO) endorsed to record office.

k. Duplicate copy of the proceedings of the re - survey Medical board and Sheet
Roll (PAFK-1 155) will be returned to the record office for further necessary
action as indicated in sub-rule h and c above.

Note- All reassessment cases of ty award notified by the CMP under the procedure
prevailing prior to 01 July 1982 win continue to be dealt with by the CNIP
Lahore Cantt.

22

39. A pensioner may apply for re-examination by a medical board before the expiry of the
period of the award if he feels that his disability has deteriorated. This request will not; however,
be entertained if made within one year after the date of the resurvey medical board . Such a
request must be accompanied with a medical certificate from a civil medical practitioner (with
minimum qualification of MBBS), certifying that the disability has since increased. On receipt of
such representation from the individual necessary arrangements for a medical board will be
made by the respective record office.

CORRECTION SLIP


A.S.No.31PPMR/93 Amendment of Pension Regulations Volume 11 (Army) 1986

In exercise of the powers conferred by section 176A of the Pakistan Army Act, 1952
(XXXIX of 1952), the Federal Government is pleased to direct that the following further
amendments shall be made in the Pension Regulations namely:-

In the aforesaid Regulations, in Volume 11, after chapter V and the rules relating thereto,
the following new chapter and the rules relating thereto shall be inserted, namely:-

40. CHAPTER VI-REDUCTION OR FORFEITURE OF PENSION Reduction
or forfeiture of 12ension of military pensioner who is convicted of a serious
crime or is guilty of misconduct:-

a. Crime or misconduct not of a political nature. If a military pensioner is
convicted of a serious crime by court of law or is guilty of grave
misconduct, which is not of a political nature the following procedure
shall be followed:-

(1) If a pensioner is sentenced to imprisonment for a criminal
offence, his pension shall be suspended from the date of his
imprisonment and the case shall be reported at once by the pay
disbursing officer to Audit Office. The later shall take up the
case for the orders of the sanctioning authority.

(2) In case where a pensioner is kept in police or jail custody as an
under-trial prisoner and is eventually sentenced to a term of
imprisonment for criminal offence, the suspension of pension
shall take effect from the date of imprisonment only.

(3) The sanctioning authority, shall decide the case in consultation
with the Audit Office, and if necessary, with the civil authorities
also, whether the offence is a serious one and if so, he shall
order the removal. of the pensioners name from the pension list,
from the date of the commencement of his imprisonment.
Pension






thereupon shall cease to be payable from that date.

(4) If the sanctioning authority decides that the offence is not so
serious as to justify the removal of the pensioner's name from
the pension list, it shall not be removed; the payment of arrears
of pension due from date of last payment before imprisonment
shall be made on release from prison.

(5) If pensioner is sentended to imprisonment for criminal offence
by a lower Court but is acquitted, on appeal, by a higher court,
the pension withheld shall be restored.

(6) If a pensioner is imprisoned for debt, pension shall continue to
be paid.

(7) If a pensioner is guilty of grave misconduct not falling under the
preceding clauses, it shall at once be reported to the sanctioning
authority which may, if it considers it *justifiable, order ,he
suspension of his pension from a date to be specified. The
sanctioning authority shall 3ubsequently investigate the case in
consultation with the Audit Office and the civil authorities, if
necessary, and may withhold, reduce or continue the pension in
full from a date to be specified by it not earlier than the date of
original suspension.

b. Crime or misconduct of a political nature. If a pensioner is convicted of
a crime or is guilty of misconduct, of a political nature his case shall
forthwith be reported by the Audit Office to the sanctioning authority,
which on the administration concerned, may order the forfeiture of his
pension (service and disability pension, family pension drawn by adult
males only, and children's allowance) from a
date to be specified. In a case in which the pensioner is sentenced to
imprisonment, pension shall pending the order of the sanctioning
authority, be suspended from the date of his imprisonment.

41. Restoration of pension forfeited under the preceding Rule. A pension reduced, withheld
or forfeited under rule 40 or 21 A

and 78 of Volume-I of these regulations, may be restored in full or in part by the
sanctioning authority in consultation with the local Government or administration
concerned in political cases and with Controller of Military Pension and the civil
authorities, if necessary, in other cases. In the case of a pensioner undergoing
imprisonment any action under this rule shall only be taken on his application after
release, but, in no case, shall pension be sanctioned for the period of imprisonment in
jail for a serious crime.





(M. Mehmood-ul-Hassan)
Section Officer to the Government of Pakistan
Ph:568382

Case No. F-3112/1)-31 (PP&RA2
ASMF No 350/R-IV/93

Annex A
To Rule-4

MANUSCRIPT FORM
FORMER SERVICE CLAIM

Personal/Army No ............................. Rank ............................ Name ................................................... Corps/Regt ...............................

Particular of former service To be completed by
CMA(O)/FPO


Army No Rank Name and Name of Service in each Particulars of Total qualifying Amount of Period of service
Father's Former Rank ie as documents service to count service allowed to count
Name unit/corps/ WO and OR, or produced for pension gratuity, for assessment of
regt equivalents, in support if drawn pension
as applicable of the claim


State, months
pay account
through which
refund has
been made



(1) (2) (3) (4) (5) (6) (7) (8) (9)


24
Annex B
To Rule-17a
FORM OF SUBMITTING APPEAL

1. I, (full name of appellant) .................................................................................of
(address of appellant) ........................................................................................ hereby
give notice that 1 appeal to the Pension Appeal Committee for review against the decision of the
Government of Pakistan notified to me by letter No ................................................
dated .............................

2. Grounds for appeal are attached to this appeal.




Dated .................... ...................................
(Signature of the appellant)


To: The Chairman,
Pension Appeal Committee,
Ministry of Defence,
Rawalpindi

*******

FORM OF SUBMITTING APPEAL ON BEHALF OF APPELLANT

1. 1, (full name of person acting on behalf of appellant) . .........................................
...................................................... of (address of person so acting) .............................
........................ ........................................... acting on behalf of (full name of appellant)

........................ .....................(address of appellant) .....................................................
as (qualification for acting)............................................................................ hereby give
notice of appeal to the Pension Appeal Committee for review against the decision of the
Government of Pakistan notified to (specify person to whom decision was notified) by letter No
...............................dated .........................................

2. Ground for appeal are attached to this appeal.

Dated ...................... .........................................
(Signature of authorised agent on
To: The Chairman, behalf of appellant)
Pension Appeal Committee,
Ministry of Defence,
Rawalpindi

25
Annex C
To Rule 17e
NOTICE OF HEARING


No.
Government of Pakistan,
Ministry of Defence,
Pension Appeal Committee,
Rawalpindi, the

To: ....................................................(Name & address of appellant)

...................................................

...................................................

1. Your appeal will be considered by the Pension Appeal Committee appointed by the
Government of Pakistan at ...............................................on ..........................................
the .......................................of ........................................

2. You are permitted to appear in person or through an authorized agent before the
committee on the dates stated above. Please confirm that you and/or your agent are/is coming.
You will be required to make your own arrangements for stay and all expenses on travel and
stay etc., will be borne by you.



Secretary to the Pension Appeal Committee

26

PENSION REGULATIONS VOLUME 11 - 1986
TABLE OF CONCORDANCE

1. The Pension Regulations Volume 11, 1986 is completely revised edition. It is based on
Pension Regulations for the Army In India Part 1111940 and other government orders, letters
and instructions issued upto 31 Dec 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 III 1940 and other references
supporting modifications to Pension Regulations for the Army in India Part 111, 1940.

Pension Regulations
1986 Volume II
Pension Regulations
for the Army in India
1940 Part Ill
Other references/
Authorities
a b c

1 1 -
2 2 -
3 20 -
4 - PAO 28/75
5 - SPAO 5/82
6 - Govt ltr No F.52/D-1 5/73/
2885/1)-8(A)/73 dated
21 Aug 73 and
7 - 3/4/1)-19(Misc)/81 dated
02 Mar 81 and NPC 1968
8 - -do-
9 - -do-
10 - -do-
11 (Blank) - -
12 (Blank) - -
13 - JSI 25167
14 - -do-
15 - -do-
16 - -do-
17 - -do-
18 40 -
19 41 -

27

a b c

20 42 -
21 53 -
22 54 -
23 56 -
24 61 -
25 (Blank) - -
26 67 -
27 77 -
28 (Blank) - -
29 79 -
30 80 -
31 - Min of Def ltr no F.3/57/
D-19(Misc)/77 of 19 Jan 78.
32 89 -
33 92 -
34 93 -
35 95 -
36 98 -
37 99 -
38 - AI 60/65
39 - -do-

Rules of Pension Regulations for the Army in India Part 1111940 omitted due to reason against
each. -

1 . Being Blank 5-15, 21-24,29-32, 37-39,45-50,68-70,74-76,_82-83, 86-87,90-91,
100-105, 114-117, 129-130.

2. Being redundant. 3, 4, 16, 17, 18, 19, 25, 26, 27, 28, 33-36, 43-44, 51-52, 55, 57,
58 -60, 62-64, 66, 71-73, 81, 84-85, 88, 94, 96, 97, 106-113,118-128.