"ملف 28/1 K I دفاع حقل النفط ومصفاة التكرير" [و‎‎٢‎٤‎١] (٦٨٤/٤٨١)

THE GAZETTE OF INDIA EXTRAORDINARY, JANUARY 1, 1942
39
25. (1) A family pension which ceases to be payable under sub-clause
(J) of clause 22 may, either in whole or in part, be continued by the
Claims Officer or be made again payable, if he is satisfied that by the
cessation of the pension the father or mother of the deceased or both who
would but for the operation of that sub-clause have been at the time
eligible members of the family, are left destitute.
(2) If the Claims Officer decides to continue or restore a family pension
under the foregoing provisions of this clause, the pension shall be payable,
from such date as the Claims Officer may fix, not being earlier than the
date on which the application for continuance or restoration is first received
by the Claims Officer, to the father if living and would have been eligible
at the time but for the operation of sub-clause (3) of clause 22 or, if the
father is not living, to the mother if she would have been eligible at the
time but for the operation of these sub-clauses; but the amount of the
pension shall be reduced by the amount of any income from permanent
sources available to the father or mother or both.
(3) A family pension so continued or restored shall cease altogether
to be payable when the person to whom it is continued or restored dies
or ceases to be eligible.
26. A child’s allowance shall cease to be payable—
(a) to a male on his attaining the age of 15, and
(b) to a female on her attaining the age of 16 or on her marriage,
whichever 0 -f these dates is the later.
Provided that the Claims Officer may, if satisfied that the person to
whom the allowance is payable is physically or mentally unable to support
himself, continue the allowance, so however that it shall cease to be
payable to a female on her marriage.
27. Family pensions and children’s allowance shall be paid quarterly in
arrears:
Provided that, if the Claims Officer considers that this course might
result in hardship in any particular case, he may order that the pension
or allowance shall be payable monthly in arrears.
28. No award of family pension or child’s allowance shall be made in
any case where the death giving rise to the claim occurs more than seven
years after the date on which the qualifying injury causing the death was
sustained.
29. Where a family pension or a child’s allowance which has been
awarded has not been drawn for a continuous period of not less than 12
months the Claims Officer shall cancel the award, and no payment of the
arrears of that pension or allowance shall be made:
Provided that if the Claims Officer is satisfied that there were good
and sufficient reasons for the failure to draw the pension or allowance
during each period he may condone the failure.
PART V.
Provisions applicable to awards generally.
30. No payment under this Scheme shall, save as provided in clauses
11 and 18 be* made in respect of any war injury sustained by a gainfully
occupied person who is under the age of fifteen.
31. (1) Except where the Claims Officer in any special case otherwise
directs, an award under this Scheme shall not be made unless an applica
tion for that award is made in the manner prescribed by the regulations
made under this Scheme and within the following periods, namely: —
(a) where the claim is for a temporary allowance to a person in
capacitated for work, a period of three months from the date
of the qualifying injury, or if the incapacity first supervened
after that period, a period of three months from the inception
of the incapacity;
(b) where the claim is for a disability pension, a period of three
months from the dat-e of the qualifying injury, or if the
injury necessitated immediate treatment in hospital, a period
of three months from the date of discharge from hospital;
(c) where the claim is for a family pension or child’s allowance, a
period of three months from the date of the death of the
person whose death gave rise to the claim.
(2) The Claims Officer may refuse to entertain any application for any
allowance or pension under this scheme in respect of a qualifying injury
sustained by a person who has, without sufficient cause, failed to present
himself for treatment at a hospital, dispensary or first-aid post.
Continuance of
family pension.
Duration of
payment of
children’s allo
wances.
Mode of pay
ment of family
pensions and
children’s allo
wances.
No award when
death occurs
more than
seven years
after injury.
No awards in
respect of war
injuries to
gainfully
occupied
persons under
fifteen years of
age.
Applications
for awards.