CourtMesh

Section 104: Refusal to undergo medical treatment

The Navy (Pension) Regulations, 1964Central Regulations · 1957

If a sailor suffering from a disability accepted as attributable to or aggravated by service refuses to undergo an operation, or other medical treatment, which in the opinion of the service medical authority, would cure the disability or reduce the degree of disablement, his case shall be dealt with as follows:-

(a) if the refusal to undergo treatment or an operation is reasonable, the full disability pension normally admissible may be granted 1[(b) if the refusal to undergo treatment or an operation is unreasonable. –

(i) If the pension sanctioning authority, in consultation with the Medical Advisor (Pension) where necessary decides that an operation or medical treatment will cure the disability.

The disability pension shall be withheld but the normal service pension or gratuity, if any, admissible under these regulations, or the pension or gratuity, if any admissible under regulation 110 may be granted, and the disability element or pension shall be restricted to that appropriate to the lower percentage of disablement.

(ii) (i) If the pension sanctioning authority, in consultation with the Medical Advisor (Pension) where necessary decides that an operation or medical treatment will cure the disability to a lower percentage.

If that lower percentage is less than twenty per cent, the normal, service pension or gratuity, if any, admissible under these regulations or the pension or gratuity, if any, admissible under regulation 110 may be granted.

Explanation. – the question whether a refusal to undergo medical treatment or an operation is reasonable or unreasonable or unreasonable shall be decided in accordance with the rules contained in Appendix VII to these regulations.

Where this provision sits

ActThe Navy (Pension) Regulations, 1964
Section104
Marginal noteRefusal to undergo medical treatment
JurisdictionCentral
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Navy (Pension) Regulations, 1964 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.