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TAMIL NADU CIVIL PENSIONS (COMMUTATION) RULES, 1944

TAMIL NADU CIVIL PENSIONS (COMMUTATION) RULES, 1944

TAMIL NADU CIVIL PENSIONS (COMMUTATION) RULES, 1944

Rule 1.

These rules may be called the Tamil Nadu Civil Pensions (Commutation) Rules, 1944.

Rule 2.

These rules apply to Government Servants under the rule-making control of the Government of Tamil Nadu and shall also apply to persons to whom the Tamil Nadu Civil Pensions (Commutation) Rules, 1934, would have applied, had those rules not being cancelled by Finance Department Notification No. 7. dated 10th January 1939 published at page 64 of Part I of the Fort St. George Gazette, dated the 17th January 1939;

Provided that these rules shall not apply-

(a)      in the case of employees of local bodies whose pensions are regulated under Rule 93 of Tamil Nadu Pension Rules ; and

(b)      in the case of persons serving in connection with the affairs of the former Travancore-Cochin State who were allotted to the Tamil Nadu State under section 115 of the State Reorganisation Act, 1956 (Central Act 3 of 1956), and opted to be governed by the Travancore - Cochin State Pension Rules.

Rule 3.

In these rules "sanctioning authority" means the authority competent to sanction commutation of pension and "Government" means the Government of Tamil Nadu.

Rule 4.

The powers granted under these rules to sanction commutation of pension shall be exercised by the authority competent to sanction pension in respect of pensioners who are residing in the State of Tamil Nadu. In respect of pensioners who are residing in other States in India, the applications for commutation of pensions shall be sent to the Government for sanction in respect of persons who draw pension outside India, such powers shall be exercised by the High Commissioner for India in the United Kingdom. (With effect from 1st June 1964).

Rule 5.

(1)     A Government servant to whom these rules apply shall, subject to the conditions herein after specified, be allowed to commute for lump payment any portion, not exceeding one-half of the pension granted to him by Government;

Provided that-

The residue of the pension after the commutation, together with the uncommuted portion of any permanent pension or pensions payable to the Government servant by a local body or by the Government in India, shall not be less than -

(i)       One hundred rupees per mensem or two-thirds of the pension granted to him by Government, whichever is less in the case of a Government servant who at the time of his retirement held a permanent gazetted appointment; and fifteen rupees per mensem in the case of any other Government servant:

Provided further that a Government servant who is governed by the Madras Liberalised Pension Rules, 1960, shall subject to the conditions in these rules, be allowed to commute for a lump-sum payment any portion not exceeding one-third of the pension granted to him by Government.

(2)     Notwithstanding anything contained in sub-rule (1) sanctioning authorities may, in their discretion, refuse commutation of pension in the case of a pensioner who has been guilty of grave misconduct which would in their opinion have justified the withholding of his pension under Rule 8 of Part I of Tamil Nadu Pension Rules.

Rule 6.

Applications for commutation of pensions shall be addressed-

(a)      in the case of pensioners who are residing in the State of Tamil Nadu to the authority who sanctioned the pension;

(b)      in the case of pensioners who are residing in other States in India, or who, being resident in countries having an account current with the Accountant-General Central Revenues, draw their pensions from the local treasuries, to Government; and

(c)      in the case of all other pensioners to the High Commissioner for India, provided that in the case of pensioners residing in a country other than those referred to in clause (b), the application shall be addressed to the High Commissioner through the official from whom the pension is drawn.

NOTE. - The applications with reference to clause (a) shall be submitted through the pension disbursing authorities who shall forward them to the authority who sanctioned the pension through the Accountant-General, Tamil Nadu. Before forwarding the applications to the Accountant--General, Tamil Nadu, the Pension Disbursing Officers shall indicate clearly in their endorsements on the applications for commutation of pension, the designation of the pension sanctioning authorities. The Accountant General, shall specifically state in each case forwarded by him to the sanctioning authority whether the pension sanctioned was anticipatory or final one and, if anticipatory, the reasons therefor.

The applications with reference to clause (b) shall be submitted through the pension disbursing authorities who shall forward them to Government through the pension sanctioning authorities and the Accountant General, Tamil Nadu. The pension sanctioning authorities shall furnish their certificate in the applications whether disciplinary proceedings against applicants are pending or not. The Accountant -General shall also specifically state in each case forwarded by him to the Government whether the pension sanctioned was an anticipatory or final one and, if anticipatory, the reasons therefor, The applications of pensioners whose pensions have been sanctioned by the Government shall, however, be submitted by the pension disbursing authorities to the Accountant-General, Tamil Nadu.

The applications with reference to clause (c) shall be referred by the High Commissioner to the pension sanctioning authorities for ascertaining whether disciplinary proceedings against the applicants are pending or not.

[1][Provided that in the case of retiring Government servant, the application for commutation shall be made at the time of application submitted for sanction of pension.]

Rule 7.

(1)     No commutation shall be sanctioned unless such medical authority as may be prescribed in this behalf by sanctioning authority certifies that the pensioner's bodily health and prospects of duration of life are such as to justify commutation.

[2][Provided that no such certificate of medical authority shall be necessary in the case of a pensioner who applies for commutation within a period of one year from the date of his retirement on superannuation, [3][voluntary retirement and compulsory retirement] [4][other than as a measure of punishment].]

[5][Provided further that no such certificate of medical authority shall also be necessary in the case of a pensioner who is granted pension in whole or in part after conclusion of departmental or judicial proceedings which have been instituted and are continued after retirement and who applies for commutation within a period of one year from the date of orders issued on the conclusion of such proceedings.]

[6][Provided also that in a case where there is delay in the [7][issue of Pension Payment Orders], the pensioner shall apply for commutation within a period of one year from the date issue of Pension Payment Orders.]

(2)     The certifying medical authority shall subject the pensioner to a strict medical examination requiring him to furnish such information as to his health and habits as is usually required of person proposing to assure their lives in assurances companies and report in such form as may be prescribed by Government.

(3)     If the pensioner furnishes any information found to be false within his knowledge or wilfully suppresses any material fact in answer to any question, written or oral, put to in connection with his medical examination, the sanctioning authority may cancel the sanction at any time before payment is actually made; and such a statement or suppression may be treated as grave misconduct for the purpose of Rule 8 of Part I of Tamil Nadu Pension Rules.

Rule 8.

The lumpsum payable on commutation shall be calculated in accordance with the table or tables of present values which may be prescribed from time to time by Government.

Explanation,- For the purpose of calculating the lump sum payable on commutation - The age in the cast of impaired lives shall be assumed to be such age, not being less than the actual age, as the certifying medical authority may direct.

NOTE.- The lumpsum payable on commutation to Government servants who have served under more than one Government when the commutation tables applies by the different Governments are not identical, shall be calculated according to the commutation table of the Government, under whose rule-making control they are at the time of retirement. In the case of Government servants who are temporarily lent by one Government to another, the Commutations shall be according to the table of the lending Government and in the case of those who are permanently transferred from one Government to another it shall be according to the table of the Government to which their services have been permanently transferred.

Rule 9.

(i)       Commutation when sanctioned shall take effect on a date to be specified in the order. Such date shall ordinarily be about one month later than the date of the order; and all calculations shall be made with reference to the date so specified.

(ii)      Payment of the commuted portion of the pensions shall cease from the date specified and the sum payable on commutation shall be paid on that date or as soon afterwards as possible.

(iii)     The applicant may withdraw his application by written notice despatched at any time before his medical examination is due to take place.

(iv)    Where the table of present values applicable to an applicant has been modified between the date of the order sanctioning the commutation and the date on which the commutation takes effect, payment shall be made in accordance with the modified table; but it shall be open to the applicant, if the modified table is less favourable to him than that previously in force, to withdraw his application by notice in writing despatched within 14 days of the dates on which he receives notice of the modification.

NOTE 1.- A pensioner whose application for the commutation of a portion of his pension is expressed as a percentage or fraction of the total pension admissible to him and is allowed in the first instance to commute such percentage or fraction of his anticipatory or provisional pension, shall, in the event of his final pension being more than his anticipatory or provisional pension be allowed to commute a further sum, without producing a fresh certificate of medical examination, so as to make the commuted amount equal to the specific percentage or fraction of the amount of pension as finally sanctioned. In such cases commutation as finally sanctioned shall also take effect from the date of the original commutation of the anticipatory or provisional pension and the amount of residual pension shall also be readjusted from the same date.

NOTE 2.- A pensioner who is allowed provisionally to commute a portion of his pension not exceeding Rs. 40 and who anticipated that the final amount of pension that he would be entitled to commute might exceed Rs. 40 shall indicate that fact in his application, in case he desires to commute a sum exceeding Rs. 40. The sanctioning authority shall, in such cases, arrange for medical examinations as if the amount to be commuted exceeds Rs. 40. In case such fact is not indicated, the Government servant shall be permitted, on finalisation of the amount of his pension to commute the difference between the amount of pension originally commuted and Rs. 40 without further medical examination, if the original amount commuted exceeds together with the difference referred to does not exceed Rs. 40. If the same exceeds Rs. 40 the commutation of any further sum, if admissible shall be treated as fresh commutation and allowed subject to examination by a Medical Board.

[8][NOTE 3.- No Government servant against whom departmental or judicial proceedings have been instituted shall be eligible to commute a fraction of the provisional pension during the pendency of such proceedings.]

[9][Provided that in the case of retiring Government servant, the procedure for the sanction and payment of commuted value of pension shall be as follows:-

[10][(i) the administrative sanction for the payment of commutation of pension shall not be necessary [11][***]. The Accountant General shall authorize the amount admissible under commutation of pension straightaway based on the application submitted by the Government servants or pensioners;]

(ii)   commutation shall become absolute on the date of application by the retiring Government servant or the day following the date of his retirement, whichever is later;

(iii)   the lumpsum amount payable to the retiring Government servant shall be calculated with reference to the table of values applicable to him on the date on which commutation becomes absolute;

(iv)   the commuted value of pension shall be authorized by the Accountant General along with the issue of Pension Payment Order. In respect of advance cases, the commutation shall be authorized to be effective from the date of commencement of pension;

(v)   where pension is sanctioned without pre-check by the Accountant General, the pension sanctioning authority shall indicate in the sanction order about the portion of pension proposed for communication and the same shall be scrutinized and authorized by the Accountant General; and

(vi)   the reduction in pension consequent on the communication shall be given effect from the date of drawal of commuted value of pension by the pensioner or at the end of three months after the issue of authorization by the Accountant General for the payment of commuted value of pension, whichever is earlier.

Explanation - For the purpose of item (iv), the date of effect shall be as follows:-

(a) Pension Pay Office, Chennai and Treasury Office where cheque System is in vogue

The date on which cheque is issued for payment of commuted value of pension to the pensioner.

(b) Banking Treasuries and Sub-Treasuries where the cheque system is not in vogue.

The date on which the bill is sent to the Bank duly passed for payment of commuted value of pension to the pensioner.

(c) Non-Banking Sub-Treasuries

The date on which the payment of commuted value of pension is made to the pensioner.]

Rule 9A.

[12][Where the Government permit second or subsequent commutation of pension consequent on the increase in pension, the Accountant General, Tamil Nadu shall be empowered to authorise the amount admissible straightaway based on the application submitted by the pensioner through the Pension Disbursing Authority subject to the following conditions, namely:-

(a)      the Commutation of Pension shall become absolute on the date of application;

(b)      the lump sum payable to the pensioner shall be calculated in accordance with the table of values applicable to the individual on the date on which the communication of pension become absolute; and

(c)      the reduction in pension shall take effect from the date of drawal of commuted value of pension or at the end of the three months, after the issue of the authorisation by the Accountant General, Tamil Nadu for the payment of commuted value of pension, whichever is earlier.]

Rule 10.

The lump sum in cases in which application is addressed to Government shall be payable in India; in all other cases it shall be payable by the High Commissioner for India in the United Kingdom; the rate of exchange for conversion of the lump sum, where the question of conversion arises, shall be such rate as the President may by order prescribe.

Rule 11.

A commutation once given effect to cannot be rescinded, that is, the portion of a pension commuted cannot be restored on refund of its capitalized value.

[13]Provided that the portion of a pension commuted shall be restored in full irrespective of the date of commutation in the case of a pensioner who has completed a period of Fifteen years as on the 1st April 1981 from the date of his retirement and in the case of other pensioners, as and when they complete a period of fifteen years from the date of their retirement.

[14]Provided that the portion of a pension commuted shall be restored in full as and when a pensioner completes a period of fifteen years from the; date of his retirement where such commutation is effective during the first month of his retirement and in other cases as and when he completes a period of fifteen years from the date on which reduction in pension on account of such commutation becomes effective.

Rule 12.

   [15][(1) The Pensioner shall make a nomination in the Annexure-III along with the application for Commutation of Pension conferring on one or more persons the right to receive the commuted value of pension in the event of the death of the pensioner without receiving the commuted value on or after the date on which commutation becomes absolute.

(2)   If there is no such nomination, or if the nomination made does not subsist, the commuted value shall be paid to the family in the manner indicated in sub-rule 46 of the Tamil Nadu Pension Rules, 1976.

(3)   If in any case the commuted value cannot be paid in the manner indicated in sub-rules (1) and (2), the same shall be paid to the heirs of the deceased pensioner.]

COMMUTATION TABLE, PRESCRIBED UNDER RULE 7 OF THE CIVIL

PENSION (COMMUTATION) RULES, ADOPTED BY THE GOVERNMENT OF TAMIL NADU WITH EFFECT FROM THE 1st DECEMBER 1963.

(See Rule 8)

Commutation value for a pension of rupee one per annum.

Age next birthday

Commutation value expressed as number of years* purchase.

Age next birthday.

Commutation value expressed as number of years' purchase

(1)

(2)

(3)

(2)

17

19.28

52

12.66

18

19.20

53

12.35

19

19.11

54

12.05

20

19.01

55

11.73

21

18.91

56

11.42

22

18.81

57

11.10

23

18.70

58

10.78

24

18.59

59

10.46

25

18.47

60

10.13

26

18.34

61

9.81

27

18.21

62

9.49

28

18.07

63

9.15

29

17.93

64

8.82

30

17.78

65

8.50

31

17.62

66

8.17

32

17.46

67

7.85

33

17.29

68

7.53

34

17.11

69

7.22

35

16.92

70

6.91

36

16.72

71

6.60

37

16.52

72

6.30

38

16.31

73

6.01

39

16.09

74

5.72

40

15.87

75

5.44

41

15.64

76

5.17

42

15.40

77

4.90

43

15.15

78

4.65

44

14.90

79

4.40

45

14.64

80

4.17

46

14.37

81

3.94

47

14.10

82

3.72

48

13.82

83

3.52

49

13.54

84

3.32

50

13.25

85

3.13

51

12.95

 

 

Note: This table is based on a rate of interest of 4.00 per cent per annum and takes effect from the 1st December, 1963.

[COMMUTATION TABLE, PRESCRIBED UNDER RULE 7 OF THE CIVIL PENSION (COMMUTATION) RULES, ADOPTED BY THE GOVERNMENT OF TAMIL NADU WITH EFFECT FROM THE 1st JANUARY 2006.-

(See Rule 8)

Commutation value for a pension of rupee one per annum.

[16]Age next birthday

Commutation value expressed as number of years' purchase.

Age next birthday.

Commutation value expressed as number of years' purchase

(1)

(2)

(3)

(2)

20

9.188

51

8.808

21

9.187

52

8.768

22

9.186

53

8.724

23

9.185

54

8.678

24

9.184

55

8.627

25

9.183

56

8.572

26

9.182

57

8.512

27

9.180

58

8.446

28

9.178

59

8.371

29

9.176

60

8.287

30

9.173

61

8.194

31

9.169

62

8.093

32

9.164

63

7.982

33

9.159

64

7.862

34

9.152

65

7.731

35

9.145

66

7.591

36

9.136

67

7.431

37

9.126

68

7.262

38

9.116

69

. 7.083

39

9.103

70

6.897

40

9.090

71

6.703

41

9.075

72

6.502

42

9.059

73

6.296

43

9.040

74

6.085

44

9.019

75

5.872

45

8.996

76

5.657

46

8.971

77

5.443

47

8.943

78

5.229

48

8.913

79

5.018

49

8.881

80

4.812

50

8.846

81

4.611

(Basis: LIC (v4-96) Ultimate Tables and 8.00% Interest) ]

REGULATIONS GOVERNING THE PROCEDURE FOR COMMUTATION OF PENSIONS

(1)     The application for commutation should be made in the form appended to the commutation Rules as Annexure I through the Pension Disbursing Authorities who shall forward them to the authority who sanctioned the pension through the Accountant General, Tamil Nadu. Applicants who are residing in other States in India should submit their applications through the Pension Disbursing Authorities who shall forward them to the Government through the authority who sanctioned the pension "and the Accountant General, Tamil Nadu. The applications of pensioners, whose pensions have been sanctioned by the Government shall however be submitted by the Pension Disbursing Authorities to the Accountant General, Tamil Nadu who shall forward them to the Government. Applications for commutation of pensions should be forwarded to the sanctioning authority only after the pension or anticipatory pension, as the case may be, is sanctioned by the competent authority. In the case, however of officers to whom the Civil Pension (Commutation) Rules issued by the President apply, applications, if any, for commutation of pension received by the Accountant General should be forwarded to Government along with the application for pension.

[17][NOTE. 1 :- Two copies of photographs of the pensioner shall be submitted along with the application for commutation of pension where the certificate of medical authority as specified in sub-rule (1) of rule 7 shall be necessary. Out of these, one copy duly attested shall be pasted on the application form itself (Annexure-I) and the other copy loosely attached to it.]

NOTE.2 :- In the case of applications for commutation of pension from pensioner drawing an invalid pension the number and date of the Government Order sanctioning the pension should be indicated in cases where such pension was sanctioned by the Government.

[18][Provided that in the case of retiring Government servant, the application for commutation shall be made at the time of application submitted for sanction of pension.]

(2)     Applicants for commutation of pension will not be allowed to select their own medical officers. They will be ordered to appear for medical examination before the District Medical Officer of the district in which they draw their pensions or any other medical officer selected by the pension sanctioning authority.

The applicants shall be sent for medical examination before the Standing Medical Board in all cases of commutation -

(i)       of invalid pensions irrespective of the amount: and

(ii)      in cases where the amount to be commuted inclusive of the amounts already commuted exceeds Rs. 40.

In the case of an applicant who has been granted an invalid pension, the grounds of invaliding or the statement of the medical case shall be communicated to the certifying medical authority before the certificate is signed. A copy of the previous medical report or reports, if any, relating to applicant for commutation of pension shall always be communicated to the certifying medical authority when a medical report is called for from him on a subsequent application for commutation.

The report of medical examination whether by single medical officer or by the Standing Medical Board should be sent in the form annexed (Annexure-U). When the medical examination is made by a single medical officer, the report in duplicate with the connected records should be sent confidentially to the Secretary to the Standing Medical Board, Genera! Hospital, Madras. The Secretary of the Board should forward to pension sanctioning authority through the Accountant-General, the connected records and one copy of the medical report with the opinion of the Standing Medical Board recorded thereon.

NOTE. 1- The medical report of an applicant for commutation residing outside the State shall also, ordinarily be in the form prescribed in Annexure-II.

NOTE. 2- The copy of the unattested photograph received with the application shall be sent with the application to the Medical Officer/Standing Medical Board before whom the applicant is directed to appear for Medical Examination. The Medical Officer/Standing Medical Board shall attest the unattested copy of the photograph of the pensioner immediately after the Medical Examination is over and it shall be returned to the pension sanctioning authority with the connected records in the matter prescribed in the last sub-paragraph of the above rule.

(3)     No fee shall be charged for medical examination for commutation of pension. If the pensioner is examined by a Medical authority outside the State, he shall pay to that authority such fees as may be required of him.

(4)     A pensioner whose application for commutation of pension is rejected either on the recommendation of a Medical authority that he is not a fit subject for commutation of pension or for the reason that he has declined to accept commutation on the basis of addition to the actual age, as recommended by the medical authority will be allowed one re-examination by the Medical Board at his cost, provided that an interval of not less than one year has elapsed between the first medical examination and that of the second. The Medical Board re-examining the pensioner will be furnished with a copy of the report of the medical authority which previously examined him.

[19][(5) [20][The restoration of commuted portion of pension by a pensioner shall be' made subject to the following conditions, namely:-

(a)      A pensioner need not submit any application for the restoration of the commuted portion of the pension.

(b)      The Pension Disbursing Authority shall make entry while sanctioning the commutation of pension, the date on which the commuted portion of the pension can be restored in the records maintained in the office and also in the copy of the pensioner's Pension Payment Order with his attestation.

(c)      The Pension Disbursing Authority shall restore the commuted portion of the pension on the due date and make payment consequent on the restoration of the pension.

(d)      The Pension Disbursing Authority shall send a return statement to the Accountant General, Tamil Nadu in Annexure-IV.

(e)      The Accountant General, Tamil Nadu shall incorporate the condition that the pension once commuted and restored cannot be commuted again in the commutation authorization].]

ANNEXURE I

FORM OF APPLICATION FOR COMMUTATION OF PENSION

I,_________________ desire to commute Rs. _____np. out of my* original pension reduced of Rupees__________ np.________ a month. I certify that I have correctly answered each and all of the questions below. My pension payment order number is and my pension is now being drawn from treasury.

Place:

Date :

Signature

Designation

Address

Corporation Division Number if residing in Chennai City.

* Here enter the class of pension - Superannuation, Retiring, Invalid or Compensation. The word "original" or "reduced" should be scored out according as the circumstances require.

Questions

1. What is the date of your birth?

2. How much of your pension do you wish to commute?

NOTE 1: The portion of the pension to be commuted should consist of whole rupees or of rupees and a multiple of five paise. Commuted values shall also be rounded off to the nearest multiple of 5 paise.

NOTE 2 : In the case of anticipatory pension, the pensioner may, if he so desires indicate his intention to commute the maximum amount in the event of his final pension being more than the anticipatory pension. In such a case, the amount proposed to be commuted may, alternatively, be expressed in terms of a percentage of full pension within the maximum permissible limit. The Pensioner may also indicate whether he -anticipates that the final - amount of pension that he would be entitled to commute might exceed Rs. 40 in case he desires to commute a sum exceeding Rs. 40.

3. Do you suffer from any complaint likely to shorten life? If so, state its nature.

4. Name the members of your family dependent on you with their respective sex and ages

5. What is the date of your retirement?

6. Whether any portion of your pension has already been commuted and whether any previous applications made by you was rejected on medical grounds?

7. State the amount of Provident Fund money (including any non-refundable withdrawals) and the amount of death-cum-retirement gratuity received by you.

8. Name of the Accounts Officer who authorized the payment of Provident Fund money (including any non-refundable withdrawals) and death-cum- retirement gratuity to you.

Answers

Place :

Date :

Signature

ENDORSEMENT OF THE PENSION DISBURSING OFFICER

Forwarded to the Secretary to Government, Finance (Pension) Department, Pension Sanctioning Authority through the Accountant-General.

The pension is chargeable to

The amount and class of pension and the date of birth of the pensioner have been verified from the disburser's half of the Pension Payment Order.

I have verified from the Pension Payment Register that no portion of his pension was previously commuted/Rs.__________ out of the original pension of Rs.___________ was commuted for Rs._______________ on

The identification marks of pensioner are given below:-

Place :

Date :

Designation.

Pension Disbursing Officer

Certificate of the Pension Sanctioning Authority whether disciplinary proceedings against the applicant are pending or not (vide) Note under rule 6 of the Madras Civil Pensions (Commutation) Rules, 1955. (This certificate need not be furnished in the case of the applicants whose pensions have been sanctioned by the Government).

PENSION SANCTIONING AUTHORITY.

Place :

Date :

Designation.

To

The Accountant-General, Tamil Nadu,___________________________________

Office of the Accountant-General Chennai-18.

Dated:

Forwarded:

(1)     No portion of pension has been previously commuted.

(2)     No. application for commutation was rejected on medical grounds.

(3)     Previous application for commutation was rejected on medical ground in G.O. Ms. No. Finance, dated

(4)     Rs._____________ p._______ out of the original pension of Rs .__________p._______ was previously commuted in G.O. No. Finance, dated

(5)     Pension sanctioned in G.O.Ms. No. Finance, dated The pension is final/anticipatory.

(6)     Other remarks, if any.

Assistant Accounts Officer.

To

The Secretary to Government of Tamil Nadu Finance (Pension) Department, Chennai-9.

ANNEXURE II

MEDICAL REPORT FOR COMMUTATION OF PENSION.

A. Statement to be filled in by the applicant for commutation of a portion of his pension under the Tamil Nadu Civil Pensions (Commutations) Rules, 1944.

Medical Report Form for Commutation of Pension "Medical Examination by the............................

(here enter the Medical Authority)

PART I

Statement to be filled in by the applicant for commutation or a portion of his pension under the Tamil Nadu Civil Pension (Commutation) Rules 1944

The applicant must complete this statement prior to his examination by the ............................................... (here enter the Medical Authority) and must sign the declaration appended thereto in the presence or that authority.

(1)     State your name in full (in Block letters):

(2)     State place of Birth :

(3)     State your age and date of Birth :

(4)     Furnish the following particulars concerning your family :

Father's age if living and state of health

Father's age at death and cause of death

Number of brothers living, their ages and state of health

Number of brothers dead their ages at and cause of death

(1)

(2)

(3)

(4)

Mother's age if living and state of health

Mother's age at death and cause of death

Number of sisters living, their ages and state of health'

Number of sisters dead, their ages at and cause of death

(5)

(6)

(7)

(8)

(5)     Have you ever been examined -

(a)      for life insurance or/and :

(b)      by any Government Medical Officer or State Medical Board, If so state details and with that result?:

(6)     Have you ever been granted leave on medical certificate in the previous five years? If so, state periods of leave and nature of illness? :

(7)     Have you ever -

(a)      had small pox, intermittent or any other fever, enlargement, or suppuration of glands, spitting of blood asthma, inflammation of lungs, pleurisy, heart disease, fainting, attacks, rheumatism, appendicitis, epilepsy, insanity? other nervous disease, discharge from or other disease of the ear, syphilis gonorrhoea; or :

(b)      had any other disease or injury : which required confinement to bed or medical or surgical treatment; or:

(c)      undergone any surgical operation; or:

(d)      suffered from any illness, wound or injury sustained while on active service during war? :

(8)     Have you hernia? :

(9)     Have you varicocele, varicose veins if piles? :

(10)   Is your vision in each eye good? :

(11)   Is your hearing in each ear good?

(12)   Have you any congential or acquired malformation, defect or deformity? :

(13)   Is there any further matter concerning your health not covered by the above question such as presence of albumen or sugar in the urine, marked increase or decrease in your weight in the last three years or being under the treatment of any doctor within the last three months and the nature of illness for which such treatment was taken. :

DECLARATION BY APPLICANT

(To be signed in presence of the Medical authority).

I declare all the above answers to be, to the best of my belief, true and correct.

I will fully reveal to the Medical authority all circumstances with my knowledge that concern my health and fitness.

I am fully aware that by willfully making a false statement or concealing a relevant fact, I shall incur the risk of losing the commutation. I have applied for and of having my pension withheld or withdrawn under rule 8 of the Tamil Nadu Pension Rules, 1978.

Signed in the presence of...................

Applicant's Signature

Signature and designation of Medical Authority.

PART II

(To be filled in by the examining medical authority) 

General examination:-

(1)     Apparent age.

(2)     Height.

(3)     Weight.

(4)     Pulse rate -

(a)      Sitting.

(b)      Standing.

What is the character of pulse?

(5)     Blood pressure -

(a)      systolic.

(b)      distolic.

(6)     Is there any evidence of disease, of the main organs -

(a)      Heart.

(b)      Lungs.

(c)      Liver.

(d)      Spleen.

(e)      Kidney.

(7)     Investigations -

(i)       Urine.

(ii)      Blood.

(iii)     X-Ray Chest.

(iv)    E.C.G.

(State specific gravity)

(8)     Has the applicant a hernia? If so, state the kind and if reducible. :”

(9)     Describe any scars or identifying marks :

(10)   Any additional information. :

PART III

I/we have carefully examined Thiru/Thirumathi/Selvi..................................................and am/are of opinion that -

he/she is in good bodily health and has the prospect of an average duration of life;

OR

he/she is not in bodily health and is not a fit subject for commutation;

OR

although he/she is suffering from....................................he/she is considered a fit subject for commutation but his/her age for the purpose of commutation, namely, the age next birth day should he taken to be...................(in words) years more than his/her actual age.

Station:..................

Dated :..................

[Countersigned in cases where Regulation 7 (ii) (b) (2) applies)]

Left hand thumb and finger impressions of Government Servant (in the case of illiterate persons only)

(Signature and designation of examining medical authority)

(Reviewing Medical Authority)".

(G.O. Ms. No. 545, Finance (BG-III) Department, dated 08-07-1996)

ANNEXURE III

(See rule 12)

NOMINATION FOR COMMUTATION OF PENSION.

(See rule 12)

[21],[22][I, _______________________ (Name of the Pensioner in Capital Letters) hereby nominate the person/persons named below under Rule 12 of Tamil Nadu Civil Pensions (Commutation) Rules, 1944.

Name and Address of the Nominee(s)

Relationship with Pensioner

Date of Birth/Age

Name and Address of other nominee in case the nominee under column(1) predeceases the pensioner

Relationship with pensioner

Date of Birth/Age

Contingency on happening of which nomination shall become invalid.

(1)

(2)

(3)

(4)

(S)

(6)

(7)

      

    

    

    

    

    

      

NOTE: If nominee/alternate is minor, furnish the name and address of person who may receive the arrears of commutation of pension.

Place:

Date :

Signature of the Subscriber.

Signature of two witnesses with Name and Address:

1.

2.

-/Countersigned/-

Signature of Head of Office. Office Address]

Note-For the purpose of nomination, the family member as defined in the sub-rule (5) of rule 45 of Tamil Nadu Pension Rules, 1978 shall be nominated.]

ANNEXURE IV

(See regulation 5)

FORM FOR APPLICATION OF RESTORATION OF COMMUTED PORTION OF PENSION

[23]1. Name of the Pensioner

2.     Pension Payment Order Number :

3.     Date of Retirement :

4.     Date of commencement of Pension :

5.     Amount of Original Pension

(a)      Amount commuted :

(b)      Date of effect of reduced Pension :

(c)      Amount of reduced Pension :

6.     Date of completion of fifteen years : after retirement

7.     Date of restoration of Original : Pension

8.     Amount of Pension after restoration

9.     Name of Treasury/Sub-Treasury/: Pension Pay Officer, Chennai from which pension is now drawn

Signature of Applicant.)

ANNEXURE V

(See regulation V)

FORM FOR RESTORATION OF COMMUTED PORTION OF PENSION

[24]Name of the Pensioner

Department

Pension Payment

Number and Original Pension

Amount Commuted

(1)

(2)

(3)

(4)

 

Date of Birth

Date of Retirement

Date of completing 15 years from the date of retirement

Amount of Pension fixed on restoration

Date of commencement of restored Pension

(5)

(6)

(7)

(8)

(9)

  

  

  

  

  

Instructions for the guidance of Sanctioning Authorities.

1.        In cases where the amount to be commuted inclusive of amounts already commuted exceeds Rs. 40, the applicant shall be sent for medical examination before the Standing Medical Board. An applicant who has been granted an invalid pension shall also be sent for medical examination before the Standing Medical Board. A pensioner whose application for commutation of pension is rejected either on the recommendation of a medical authority that he is not a fit subject for commutation of pension or for the reason that he has declined to accept commutation on the basis of addition to the actual age as recommended by the medical authority should always be sent for medical examination before the Standing Medical Board.

2.        A certified copy of the previous medical report should be furnished to the Medical Board when a pensioner whose application for commutation of pension was rejected once is asked to appear before the Medical Board.

3.        In cases where the amount to be commuted inclusive of the amounts already commuted does not exceed Rs. 40, the applicant shall be sent for medical examination before the District Medical Officer of the district in which the applicant is residing.

4.        The sanctioning authorities should satisfy themselves that there are no disciplinary proceedings pending against the applicants concerned before arranging for their medical examination.

FORMS FOR USE BY SANCTIONING AUTHORITIES

Form to be used where the pensioner desire to commute on amount exceeding Rs. 40 or where the application was once rejected.

PROCEEDINGS OF THE.................

Dated............

Pension - Commutation - Application from..............................................................Medical Examination.

is informed that his age next birth-day being taken to be ............... years, the capitalized value of Rs................ of his pension will amount to about Rs.................... The amount will be less, if the medical certificate directs any addition to his age; the table of present values on the basis of which the amount has been calculated is subject to alteration at any time without notice and consequently the amount calculated is liable to revision. In the case of his willingness to accept commutation on the terms specified, he should appear before the Standing Medical Board, Government General Hospital, Madras for medical examination.

2. The Secretary to the Standing Medical Board is requested to subject the pensioner (whose identification marks are given in the application for commutation) to a strict medical examination, requiring him to give such information as to his health and habits as is usually supplied by persons proposing to assure their lives in Assurance Companies and to send a report in the form prescribed in G.O. No. 348, Fin. (Pension),dated the 1st June 1934 along with the application for commutation confidentially to this office through the Accountant-General.

3. The Secretary to the Standing Medical Board is requested to return the commutation papers to this office if the applicant fails to appear for medical examination on the date fixed by him.

To Thiru

To

The Secretary, Standing Medical Board, Government General Hospital, Chennai (with the application in original to be returned).

Copy to the Accountant General, Tamil Nadu.

Form to be used in the case of an applicant who has been granted an invalid pension

PROCEEDINGS OF THE.................

Dated...............

1.        Pension - Commutation - Application from...........................................................Medical Examination.

is informed that his age next birth-day being taken to be ...............years', the capitalized value of Rs........................of his pension will amount to about Rs................................................................................ The amount will be less, if the medical certificate directs any addition to his age, the table of present values on the basis of which the amount has been calculated is subject to alteration at any time without notice and consequently the amount calculated is liable to revision. In the case of his willingness to accept commutation on the terms specified he should appear before the Standing Medical Board, Madras, for medical examination.

2.        The Secretary to the Standing Medical Board is requested to subject the pensioner (whose identification marks are given in the application for commutation), to a strict medical examination requiring him to give such information as to his health and habits as is usually supplied by persons proposing to assure their lives in Assurance Companies and to send a report in the form prescribed in G.O. No. 348, Finance (Pension), dated the 1st June 1934 along with the application for commutation confidentially to this office through the Accountant-General.

3.        With reference to item 2 of the Regulations governing the procedure for commutation of pension, the Board is requested to see the medical certificate invalidating the applicant and to record the fact of having done so in the report referred to in paragraph 2 above. A certified copy of the original invalidating certificate is enclosed for perusal by the Board and return.

The Secretary to the Standing Medical Board is requested to return the commutation papers to this office if the applicant fails to appear for medical examination on the date fixed by him.

To Thiru

To The Secretary, Standing Medical Board, Government General Hospital, Chennai (with the application in original to be returned).

Copy to the Accountant General, Tamil Nadu.

Form to be used in the case of an applicant whose pension exceeds Rs. 30 per mensem and who is residing outside the Madras City.

PROCEEDINGS OF THE.....................

Dated...............

1.        Pension - Commutation - Application from................................................................Medical Examination.

is informed that this age next birth-day being taken to be '................years, the capitalized value of Rs............of his pension will amount Rs................ The amount will be less, if the medical certificate directs any addition to his age, the table of present values on the basis of which the amount has been calculated is liable to revision. If he wishes to commute his pension on these terms, he should appear before the.......................................to be examined within one month from the date of these Proceedings.

2.        The Medical Officer is requested to subject the pensioner (whose identification marks are given in the application for commutation) to a" strict medical examination, requiring him to give such information as to his health and habits as is usually supplied by persons proposing to assure their lives in assurance companies and to send a report in the form prescribed in G.O. No. 348, Finance (Pension), dated the 1st June 1934 in duplicate with the application for commutation confidentially to the Secretary to the Standing Medical Board, Government General Hospital, Madras.

3.        The Medical Officer is requested to return the commutation papers to this office if the applicant fails to appear for medical examination within the time specified in paragraph 1 above.

To Thiru

To The District Medical Officer (with the- application in original to be returned by registered post).

Copy to the Accountant General, Tamil Nadu.

FORM TO BE USED IN THE CASE OF AN APPLICANT WHOSE PENSION EXCEEDS Rs. 30 PER MENSEM AND WHO IS RESIDING IN MADRAS CITY.

PROCEEDINGS OF THE.....................

Dated.............

1.        Pension - Commutation Application from...................................................................Medical Examination.

is informed that his age next birth day being taken to be years, the capitalized value of Rs. _____________ of his pension wilt amount to about Rs…… The amount wilt be less if the medical certificate directs any addition to his age. The table of present values on the basis of which the amount has been calculated is subject to alteration at any time without notice and consequently the amount calculated is liable to revision. If he wishes to commute his pension on these terms, he should appear before the to be examined within one month from the date of these Proceedings.

2.        The Medical Officer is requested to subject the pensioner (whose identification marks are given in the application for commutation) to a strict medical examination, requiring him to give such information as to his health and habits as is usually supplied by persons proposing to assure their lives in assurance companies and to send a report in form prescribed in G.O. No. 348, Finance (Pension), dated the 1" June 1934 in duplicate with the application for commutation confidentially to the Secretary to the Standing Medical Board, Government General Hospital, Madras.

3.        The Medical Officer is requested to return the commutation papers to this office if the applicant fails to appear for medical examination within the time specified in paragraph 1 above.

To

Thiru

To The Medical Officer.

(with the application in original to be returned by registered post)

Copy to the Accountant General, Tamil Nadu.

FORM TO BE USED FOR SANCTIONING COMMUTATION OF PENSIONS

PROCEEDINGS OF THE..................

Dated.................

1.        Pension -Commutation - Thiru - Sanctioned.

Read; From the A.G.P. Com.

_________is permitted ___________of his___________ pension to commute Rs. _______________of his ____________pension of Rs. ________ per mensem____________.

2.        The sanction takes effect from the_____________ Present monthly pension of Rs. ______________ will, in________ consequence if the commutation be reduced to Rs.___________ (Rupees________________ only) with effect from that date.

3.        The Accountant General is requested to pay____________ the sum of Rs. _______________(Rupees__________ only) the amount payable in commutation.

The table of present values on the basis of which the amount has been calculated is subject to alteration at anytime without notice and consequently the amount sanctioned is liable to revision before payment is made.

4.        If the pensioner is re-employed under Government the Accountant-General is requested to take necessary steps, where necessary, in consultation with the authority concerned to reduce the pay allowed to him on re-employment.

To

The Accountant -General,

82-C, Mount Road,

Chennai 600018.

To

Thiru



[1] Proviso to Rule 6 added - G.O. Ms. No. 520, Finance (Pension) Department, dated 21-08-1996 with effect from 31" July 1985.

[2] Proviso to Rule 7 added - G.O.Ms. No. 555, Finance (Pension) Department, dated 10-07-1995 with effect from 28th February 1978.

[3] Proviso to Rule 7 for the expression "retirement on superannuation", the expression "retirement on superannuation and voluntary retirement" substituted G.O.Ms. No. 554, Finance (Pension) Department, dated 10-07-1995 with effect from 30th December 1981.

[4] Third Proviso to Rule 7 for the expression "retirement on superannuation and voluntary retirement", the expression "retirement on superannuation, voluntary retirement and compulsory retirement other than as a measure of punishment" substituted - G.O.Ms.No. 556, Finance (Pension) Department, dated 10-07-1995 with effect from 7th September 1987.

[5] Second Proviso to Rule 7 added - G.O.Ms. No. 554, Finance (Pension) Department, dated 10-07-1995 with effect from 30th December 1981.

[6] Third Proviso to Rule 7 added G.O. Ms. No. 555, Finance (Pension) Department, dated 10-07-1995 with effect from 2nd February 1983.

[7] First Proviso to Rule 7 for the expression "issue of orders sanctioning the pension", the expression "issue of Pension Payment Orders" substituted - G.O.Ms.No. 556, Finance (Pension) Department, dated 10-07-1995 with effect from 7th September 1973.

[8] Rule 9 Note 3 added - G.O.Ms.No. 784, Finance (Pension) Department, dated 16-09-1994 with effect from 30th June 1992.

[9] Proviso with Explanation to Rule 9 added- G.O.Ms.No. 520, Finance (Pension) Department, dated 21-08-1996 with effect from 31" July 1985.

[10] Rule 9 in the proviso for items(i) substituted - G.O.Ms. No. 525, Finance (Pension) Department, dated 26-08-1996 with effect from 17th August 1987.

[11] Rule 9 in the proviso for items(i), the words "except the case referred to the concurrence of Medical Board for sanction of commutation of pension" omitted - G.O.Ms. No. 526, Finance (Pension) Department, dated 26-08-1996 with effect from 11th August 1993.

[12]  Rule 9A added - G.O.Ms. No. 30, Finance (Pension) Department, dated 09-01-1996 with effect from 13th January 1987.

[13] Proviso to Rule added - G.O.Ms. No. 548, Finance (Pension) Department, dated 06-07-1995 with effect from 1st April 1981.

[14] Proviso to Rule added - G.O.Ms. No. 551, Finance (Pension) Department, dated 06-07-1995 with effect from 7th December 1990.

[15] Rule 12 substituted - G.O.Ms. No. 285, Finance (Pension) Department, dated 07-04-1995 with effect from 20th October 1987.

[16] Table inserted G.O.Ms. No. 318, Finance (Pension) Department, dated 23-07-2009.

[17] Note 1 to Regulation 1 substituted - G.O.Ms. No. 557, Finance (Pension) Department, dated 10-07-1995 with effect from 23rd July 1986.

[18] Proviso to Regulation I added - G.O.Ms. No. 520, Finance (Pension) Department, dated 21-08-1996 with effect from 31st July 1985.

[19] Regulation 5 added - G.O. Ms. No. 67, Finance (Pension) Department, dated 25-01-1996 with effect from 4th May 1981.

[20] Regulation 5 substituted- G.O.Ms. No. 68, Finance (Pension) Department, dated 25-01-1996 with effect from 1st February 1987.

[21] Annexure-III added- G.O.Ms. No. 285, Finance (Pension) Department, dated 07-04-1995 with effect from 7th April 1995.

[22] Annexure-III substituted - G.O.Ms. No. 454, Finance (Pension) Department, dated 15-09-2009.

[23] Annexure-IV to Regulation 5 added - G.O.Ms.No. 67, Finance (Pension) Department, dated 25-01-1996 with effect from 4th May 1981.

[24] Annexure-IV to Regulation S substituted - G.O.Ms. No. 68, Finance (Pension) Department, dated 25-01-1996 with effect from 1" February 1987.