Territorial Army Act, 1948(PART-6)

0
276

APPENDIX XXVI

DISABILITY PENSION AND GRATUITIES

A. Disability Pension

(Will be published later)

B. Terminal Gratuity

1. All officers, JCOs other ranks and NCs(E) commissioned/

enrolled in the Territorial Army (excepting civil Government servants

holding permanent appointments), who were in the Terri

torial army on the 30th March 1955 or who joined it on or

after that date will be eligible for terminal gratuity at the rates

and under the conditions given below :-

2. Officers and JCOs

Rate of terminal gratuity and conditions governing the grant-

(a) Terminal gratuity will be admissible to only such officers

and JCOs of the Territorial Army as have completed either a

minimum of five years of aggregate embodied service (which

for this purpose will include the period spent on training under

TA Act Rule 18) or 10 years engagement in TA (combined embodied

and non-embodied service) at the rate of one month’s

pay (Pay for this purpose is not to exceed *Rs. (1500 per month)

for each aggregate year of embodied service, subject to a maximum

of fifteen months’ pay or *Rs. 22,500 whichever is less.

*(Auth—CS No 261/1/84)

(b) Subject to the service rendered being certified by the

prescribed authority (vide para 4 below) to have been satisfactory,

terminal grauity will be admissible to Officers and JCOs on retirement,

or discharge as the case may be, for the following causes :-

(i) On disbandment/re-organisation/inter-zonal transfer of

unit, provided there is no other unit to which the Officer/

JCO can be transferred, or his consent to a transfer is

necessary under the rules and he refuses to consent

thereto.

(ii) On reaching the retiring age as prescribed in Rule 14 (c).

(iii)On being declared medically unfit for further service subject

to the provision of sub para (c) below.

371

(iv) On completion of tenure of appointment or service limits;

or

(v) When services are no longer required other than for disciplinary

reasons (in case of JCOs only).

(c) In case of termination of service on account of medical

unfitness, the terminal gratuity will be payable only if the

officer/JCO does not qualify for disability pension.

(d) In the case of pensioners (both civil and military) serving

in the Territorial Army, the gratuity will not be payable for any

period of service in the Territorial Army during which pension

continues to be drawn, except in the case of civil pensioners whose

pay is fixed after deducting the amount of pension including the

commuted portion if any, under the provisions of para 187. No

gratuity will, however, be payable to any retired commissioned

officer or retired civilian Gazetted officer irrespective of whether

their pension is held in abeyance or not.

Pay for Assessment of Terminal Gratuity—

In the case of officers, terminal gratuity will be assessed on

the pay on the substantive rank last held. In the case of JCOs,

pay for assessment of terminal gratuity will consist of—

(a) Basic pay of the substantive rank last held; and

(b) Dearness allowance appropriate to the emoluments of the

substantive rank last held.

3. OR and NCs(E)—

Rate of terminal gratuity and conditions governing its grant—

The provisions of para 2 above will also apply to other ranks

and NCs(E) of the Territorial Army, except that terminal gratuity

will be admissible on discharge for the following cause :–

(i) On become entitled to receive discharge under TA

Rules.

(ii) On being declared medically unfit for further service, provided

the OR/NCs(E) does not qualify for disability

pension.

(iii)When services are no longer required other than for disciplinary

reasons.

Pay for Assessment of Terminal Gratuity—

Pay for the purpose of assessment of terminal gratuity in the

case of other ranks and NCs(E) will consist of :-

372

(a) Basic pay (including deferred pay) of the substantive

rank last held.

(b) Rank/appointment pay of the substantive rank last held.

(c) Increment of pay.

(d) Good service pay; and

(e) Dearness allowance appropriate to the emoluments of

the substantive rank last held.

4. Prescribed authority for certifying that service rendered is

satisfactory for purpose of grant of terminal gratuity.

(i) In the case of an — Director, Territorial Army,

officer Army Headquarters.

(ii) In the case of — The Officer Commanding; the

JCOs, OR and Sub-Area or equivalent Comman-

NCs(E) der or in the absence of such

formation, the Area or equivalent

Commander, appropriate to the

location of the unit of the individual.

373

374

***APPENDIX XXVII

Grant of Service Pension/Gratuity to TA Officers, JCOs/ORs other than

Civil. Govt. Servants and Civil Pensioners

1. Pension:– Service pension to TA Officers and JCOs/ORs(other than

Civil Government servants and Civil Pensioners), who have a minimum

qualifying aggregate embodied service of 20 years in the case of officers

and 15 years in the case of JCOs/ORs will be admissible as indicated

below :–

(a) Former qualifying regular service in Army, Navy and Air Force

in any rank will be counted to the same extent as admissible to the

regular Army personnel.

(b) The weightage added to the qualifying service of regular Army

personnel will not be allowed in the case of Territorial Army

personnel.

(c) The qualifying embodied service, as mentioned above, may be

continuous or rendered in broken spell. For calculating the

total embodied service, the breaks in embodied service due to

disembodiment, will be treated as condoned but the period of

breaks itself will not be treated as qualifying service for pension.

Where qualifying, embodied service has been rendered in broken

spells, five per cent cut will be imposed on the pension of those

JCOs/ORs, who have completed 15 years or more of aggregate

embodied service, but have not completed 20 years of aggregate

embodied service.

2. (a) Officers, JCOs and ORs who had formerly served in the regular

Army, Navy and Air Force and are now serving in the Territorial

Army will have the option either :–

(i) to continue to draw military pension and retain gratuity

received on discharge from military service in which case

their former military service shall not count as qualifying

service for pension under these orders.

OR

(ii) to cease to draw pension henceforth and refund the service

pension already drawn during the TA service and gratuity,

including DCRG, if any, already drawn for the previous

military service and count the previous military service as

qualifying service for grant of pension etc, under these

orders. In the case of TA personnel who have already

retired, the service pension drawn during the TA service and

gratuity, including DCR gratuity already drawn for previous

military service will be adjusted by deduction from

the DCR gratuity admissible under these orders.

375

(b) The option above shall be exercised at the time of enrolment in

TA. In the case of serving TA personnel and retired personnel

covered by these orders, the option shall be exercised within six

months. Option once exercised shall be final. If no option

is exercised within the period referred above the TA personnel

shall deemed to have opted for clause (i) of para 2(a) above.

(c) In the case of Officers, JCOs/ORs who opts for 2(a) (ii) above,

the provisions of the TA Regulations, para 187(b) (i) and (ii) will

not apply. In case they do not complete the minimum qualifying

service for TA pension, even after including former military

service, they shall be granted terminal gratuity at the prescribed

rates. Terminal gratuity shall not be paid for the embodied service

in addition to service pension and DCR gratuity admissible under

the provisions of this regulation.

3. (i) Territorial Army pensioners covered by these orders will

also be entitled to commute their pension in accordance

with the rules and orders, applicable to the corresponding

ranks in the regular Army.

(ii) Death-cum-retirement-Gratuity and ordinary Family

Pension will be admissible, as applicable to the Regular

Army.

(iii) Periodic Relief, sanctioned from time to time, for pensioners

of the Regular Army, will be payable to TA pensioners also

on the same basis/scale.

***(Auth—CS No 266/1/86)

376

APPENDIX XXVIII

INDIAN ARMY FORMS PECULIAR TO THE TERRITORIAL ARMY

IAF(TA)-1 Application for enrolment.

IAF(TA)-2 Budget Estimate, Centrally Controlled heads.

IAF(TA)-3 Budget Estimate, Locally Controlled heads.

IAF(TA)-4 Annual Inspection reports.

IAF(TA)-5 Weapon Training return.

IAF(TA)-6 Discharge Certificate.

IAF(TA)-7 Mileage and Subsistance Allowance Forms.

IAF(TA)-8 Distinctive Coloured envelopes for use in sending out

orders for embodiment to members of the T.A.

IAF(TA)-9 Application for the grant of Commission as officers in

T.A.

IAF(TA)-10 Notification of change of address.

IAF(TA)-11 Notice for calling up.

IAF(TA)-12 Certificate for proficiency in trades—All Arms.

IAF(TA)-13 Register of miscellaneous charges.

IAF(TA)-14 Application for the grant of JCO Commission in T.A.

IAF(TA)-15 Paramount Cards.

IAF(TA)-16 Ledger Account.

IAF(TA)-19 Territorial Army Medal or Clasp.

IAF(TA)-20 Territorial Army Decoration.

Note—Forms for reports and returns, as applicable to corresponding units

of the Regular Army, will be used.

377

378

APPENDIX XXIX

REGULATIONS GOVERNING THE AWARD OF THE TERRITORIAL ARMY DECORATION AND THE TERRITORIAL

ARMY MEDAL

TERRITORIALARMYDECORATION

1. The decoration shall be styled and designated the “TERRITORIAL ARMY DECORATION”.

2. The decoration shall be oval in shape, made of Silver.

On the obverse it shall have a lotus wreath along the rim, a five

pointed star in Gold gilt embosed in the centre and the State,

Emblem in Gold gilt resting on the upper point of the star. On

the reverse it shall have a lotus flower with buds and leaves

embossed in the center and the words “ “ in

the form of an arch above it. A sealed pattern to the Decoration

shall be deposited and kept.

3. The decoration shall be suspended from a Silver bar

broach, with the word “TERRITORIAL” embossed thereon, by

a silk ribbon 3.175 centimetres in width. The ribbon shall be

divided into 5 stripes by 4 white vertical lines. The stripe in

the centre shall be orange and the other four stripes blue. The

width of the orange stripe shall be double than that of a blue stripe.

The orange colour denotes renunciation and sacrifice, blue devotion

and white purity.

4. The decoration shall be an award to Commissioned Officers

of the Territorial Army for 20 years meritorious service

of proved capacity. The qualifying service shall be reckoned in

accordance with the conditions herein after mentioned.

5. The following service shall count as two-fold qualifying

service :-

(a) The period of commissioned service rendered in a theare

of war by an Officer of the late Indian Territorial

Force or the late Auxiliary Force (India) during the

period 3rd September 1939 to 2nd September 1945;

(b) Embodied commissioned service in India by an Officer

of the late Indian Territorial Force or the late Auxiliary

379

380

Force (India) during the period 3rd September 1939 to

2nd September 1945;n and

(c) Embodied commissioned service in the Territorial Army

during an emergency declared by Government.

6. The following service shall count as single qualifying service:-

(a) Commissioned Service in the Territorial Army;

(b) Commissioned Service in the late Indian Territorial

Force or on the active list of late Auxiliary Force

(India) during the period 3rd September 1939 to 2nd

September 1945;

(c) Commissioned Service in the Army, the Navy and the

Air Force during the period 3rd September 1939 to 2nd

September 1945;

(d) Commissioned Service in the Army, the Navy and the

Air Force during an emergency declared by Government;

(e) Service rendered as a Junior Commissioned Officer, Non-

Commissioned Officer or Other Ranks in the Army and

equivalent ranks of the Navy and the Air Force in a

theatre of war during the period 3rd September 1939 to

2nd September 1945;

(f) Embodied service as a Junior Commissioned Officer,

Non-Commissioned Officer or Other Ranks of the Indian

Territorial Force or the Auxiliary Force (India) during

the period 3rd September 1939 to 2nd September 1945;

(g) Embodied service as a Junior Commissioned Officer,

Non-Commissioned Officer or Other Ranks in the Territorial

Army during an emergency declared by Government.

7. The following service shall count as half-qualifying service:-

(a) Service as a Junior Commissioned Officer, Non-Commissioned

Officer or Other Ranks in the Territorial

Army other than that covered by clauses sixthly and

seventhly;

(b) Unembodied service as a Junior Commissioned Officer,

Non-Commissioned Officer or Other Ranks in the late

.

381

382

Indian Territorial Force or on the active list of the late

Auxiliary Force in India, during the period 3rd September

1939 to 2nd September 1945;

(c) Service as a Junior Commissioned Officer, Non-Commissioned

Officer or Other Rank in the Army or equivalent

rank in the Navy and the Air Force during the

period 3rd September 1939 to 2nd September 1945; and

(d) Service rendered as a Junior Commissioned Officer, Non-

Commissioned Officer or Other Ranks in the Army or

equivalent ranks in the Navy and the Air Forced during

an emergency declared by Government.

8. No period of service in the force in which an officer

qualified for the Efficiency Decoration shall be reckoned as qualifying

service for the Territorial Army Decoration.

9. Service requisite to qualify for the decoration shall not

necessarily be continuous service.

10. An officer already in possession of the Efficiency Decoration

or any Long Service and Good Conduct Medal or Efficiency

Medal and Clasp shall be eligible to receive the Territorial Army

Decoration and to wear them provided that he has completed the

full period of qualifying service for such awards and that no

qualifying service towards one award is permitted to count towards

the other.

11. The miniature decoration which may be worn on certain

occasions by those to whom the decoration is awarded shall be

half the size of the decoration and a sealed pattern of the

miniature decoration shall be deposited and kept.

**12. The President may cancel and annual the award of the

decoration to any person and he shall be required to surrender the

decoration; but it shall be competent for the President to restore the

decoration subsequently when such cancellation and annulment has

been withdrawn.

**13. It shall be competent for the Government to frame such

instructions, as may be necessary, to carry out the purpose of

these ordinances.

**(Auth—CS No 1/7/82)

383

384

TERRITORIAL ARMY MEDAL

1. The Medal shall be styled and designated the “TERRITORIAL

ARMY MEDAL”.

2. The medal shall be oval in shape, made of Silver, with

a fixed fitting for the ribbon in the form of two leaves and

a scroll on which shall be embossed the world “TERRITORIAL”.

On the obverse, it shall have embossed the State Emblem and on

the reverse the inscription. The award

of a clap to the medal shall be denoted by a bar with the

ASHOKA CHAKRA embossed in the centre to be worn on the

ribbon of the medal. A sealed pattern of the medal shall be

deposited and kept.

3. The medal shall be suspended by a ribbon of dark blue

silk, 3.175 centimeters in width. It shall be divided into six

equal strips by five vertical lines. The central vertical line

shall be orange in colour and the remaining four lines shall be

white. The orange colour denotes renunciation and sacrifice,

blue devotion and white purity.

4. The medal shall be an award to Junior Commissioned

Officers, Non-Commissioned Officers and Other Ranks of the

Territorial Army for 12 years efficient service. The qualifying service

shall be reckoned in accordance with the conditions hereinafter

mentioned.

5. The following service shall count as two-fold qualifying

service.:–

(a) The period of service rendered in a theatre of war by

a member of the late Indian Territorial Force or the

late Auxiliary Force (Indian) during the period 3rd September

1939 to 2nd September 1945;

(b) Embodied service in India by a member of the late

Indian Territorial Force or the late Auxiliary Force

(Indian) during the period 3rd September 1939 to 2nd

September 1945; and

(c) Embodied service in the Territorial Force during an

emergency declared by Government.

385

386

6. The following service shall count as single qualifying

service :–

(a) Service in the Territorial Army;

(b) Service in the late Indian Territorial Force or on the

active list of the late Auxiliary Force (India) during

the period 3rd September 1939 to 2nd September 1945;

(c) Service in the Army, the Navy and the Air Force during

the period 3rd September 1939 to 2nd September 1945;

and

(d) Service in the Army, the Navy and the Air Force during

an emergency declared by Government.

7. A clasp to be worn on the ribbon of the medal, shall be

awarded to those who having been awarded the medal complete

a total of 18 years efficient service and a further clasp shall be

awarded after completing 24 years service. When the ribbon is

worn without the medal, the grant of clasps shall be denoted by

the wearing on the ribbon of small Silver rosettees, one or more

according to the number of clasps awarded.

8. No period of service in the force which has previously

been counted for any Long Service, Good Conduct or Efficiency

Medals/Clasps shall be reckoned as qualifying service for the

Territorial Army Medal.

9. Service requisite to qualify for the medal shall not necessarily

be continuous service.

10. The recipient of any Long Service, Good Conduct or

Efficiency Medal and Clasps shall be eligible to receive the Territorial

Army Medal and clasps and to wear them, provided that

he has completed the full periods of qualifying service for such

awards and that no qualifying service towards one award is

permitted to count towards the other.

11. The miniature medal which may be worn on certain

occassion by those to whom the medal is awarded shall be half

the size of the medal and a sealed pattern of the said miniature

medal shall be deposited and kept.

**12. The President may cancel and annual the award of the

Medal to any person and he shall be required to surrender the

Medal; but it shall be competent for the President to restore the

Medal subsequently when such cancellation and annulment has

been withdrawn.

**13. It shall be competent for the Government to frame such

instructions, as may be necessary, to carry out the purpose of

these ordinances.

387

**(Auth –CS No 1/7/82)

APPENDIX XXX-A

CIVIL EDUCATIONAL EQUIVALENTS (REF PARA 174(C)

State English Anglo 1st Class Army 2nd Class Army 3rd Class Army Army Recruits

Vernacular/Ver- Certificate

Certificate Certificate Tests

nacular

Certicicate

1 2 3 4 5 6

Hyderabad (a) High School X Class IX Class VIII Class VI & VII Class

(b) Anglo

Vernacular

Madras Anglo- VIII Standard VII Standard VI Standard VI Standard or

Vernacular or III Form or II Form or I Form V Class

Bombay English, Anglo- V Standard III Standard II Standard VI Standard or

Vernacular or Secondary Secondary Secondary Primary

Vernacular

Madhya Pradesh (a) Indian VIII Class . . . . . .

English (without

Middle English)

School Exam

(b) Indian Middle . . VI Class . . . .

School Exam.

(c) Primary . . . . IV Class III Class

School

Exam.

388

Bhopal (a) Anglo- VIII Standard VII Standard IV Standard . .

Vernacular

Certificate

(b) Vernacular

Certificate . . . . . . II Standard

Bihar Vernacular Senior Basic Upper Primary Junior Basic Lower Primary

Standard or Standard of or Class IV of Standard

Middle Standard new type new type

of new type.

West Bengal VIII Class VI Class IV Class Upper II Class Lower

(High School) (Middle School) English (Primary Primary School

School)

Assam Anglo VIII Class VII Class VI Class IV Class

UP & Ajmer (a) Anglo IX Class VIII Class VIII Class VI Class

Hindustani

(b) Hindustani . . VII old or VIII VI old or VII IV old or V

new new new

East Punjab (a) Anglo Verna- IX Class . . . . . .

& Delhi cular

(b) Vernacular or . . VIII Class VI Class . .

Anglo Vernacular

(c) Vernacular . . . . . . Primary

Standard

389

390

LEAVE A REPLY

Please enter your comment!
Please enter your name here

* Copy This Password *

* Type Or Paste Password Here *