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VOLUME – I CHAPTER 1

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PENSION SUBJECT TO FUTURE GOOD CONDUCT

8. (a) Future good conduct shall be an implied condition for every grant of pension or
allowance and its continuance under these Regulations.

(b) The competent authority may, by an order in writing, withhold or withdraw a
pension or a part thereof whether permanently or for a specified period, if the pensioner is
convicted of a serious crime or is found guilty of grave misconduct.

Provided that where only a part of pension is withheld or withdrawn, the amount of
such pension shall not be reduced below the amount of minimum pension fixed by
Government from time to time.

(c) Where a pensioner is convicted of a serious crime by a court of law or by court
martial or is found guilty of grave misconduct, action under clause (b) above shall be taken
in the light of the judgment of the court relating to such conviction.

(d) In a case not falling under clause (c) above, as well as other cases where the
competent authority considers that the pensioner is prima facie guilty of grave misconduct,
the competent authority before passing an order under clause (b) above;

(i) serve upon the pensioner a notice specifying the action proposed to be taken
against him and the ground on which it is proposed to be taken against him and
calling upon him to submit, within 15 days of the receipt of the notice or such
further time not exceeding 15 days as may be allowed by the competent
authority, such representation as he may wish to make against the proposal, and

(ii) take into consideration the representation, if any, submitted by the pensioner
under sub clause (i) above.

Notes: 1. The expression ‘serious crime’ means an offence under the Indian Penal Code
1860 or Official Secrets Act, 1923 or any other law for the time being in force in
the country for which the maximum punishment prescribed under the law is
imprisonment for a period of 3 years or more with or without a fine.

2. The expression ‘grave misconduct’ includes the communication or disclosure of
any secret official code or password or any sketch, plan, model, article, note,
document or information, such as is mentioned in Section 5 of the Official
Secrets Act, 1923 (19 of 1923) (which was obtained while holding office under
the Government) so as to prejudicially affect the interest of the general public or
the security of the State.

RIGHT TO WITHHOLD OR SUSPEND OR DISCONTINUE PENSION

9. (a) In circumstances to be determined by the competent authority or as may be
specified in these Regulations, the pension including the commuted value thereof which
has not been paid or gratuity to be granted to an individual, or any portion of it, may be
withheld, suspended or discontinued. In exceptional cases payment of part or whole of the
pension, allowance or gratuity withheld or suspended may, by an order of the competent
authority be made to the wife or other dependant(s) of the pensioner.

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

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