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Review of CCS Pension Rules related to Pension, Gratuity, Family pension and Death Gratuity — suggestions regarding

Review of Rules 32,33 and 56 to 82 Rules governing the determination and authorisation of amounts of pension, gratuity, family pension and death grat

Payment of Gratuity (Amendment) Bill, 2018 passed by Parliament संसद में ग्रैच्युटी भुगतान (संशोधन) विधेयक, 2018 पारित
Additional Relief on Death/ Disability under NPS: Accounting Procedure for crediting the amount withdrawn by the pensioner from PFRDA
Pay element relating to Running Staff after the recommendations of Seventh CPC: Railway Board Order
Review of Rules 32,33 and 56 to 82 Rules governing the determination and authorisation of amounts of pension, gratuity, family pension and death gratuity of the Central Civil Services (Pension) Rules, 1972: DoPPW Circular:-
No. 1/19/2013-P&PW (E)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners’ Welfare
Lok Nayak Bhawan,
Khan Market, New Delhi
Dated: 24th April, 2013
Circular

Sub: Review of Rules 32,33 and 56 to 82 of the Central Civil Services (Pension) Rules, 1972 — suggestions regarding.

The Department is in the process of reviewing rules governing the determination and authorisation of amounts of pension, gratuity, family pension and death gratuity. Some amendments to rule 32, 33 and 56 to 82 of Central Civil Services (Pension) Rules, 1972 have been proposed to be made. A proposed text of these rules is uploaded at the website of the department.

2. Suggestions/comments are invited on the proposed provisions of these Rules from all stake holders, i.e., employees, Heads of Offices, Pay and Accounts Officers, Central Pension Accounting Office, 0/o Controller General of Accounts, pensioners, pensioners’ associations and the Directorate of Estates. It is requested that while giving suggestions/comments, the revised Forms as notified by this department recently may be kept in mind.

3. Suggestions may be forwarded to the Deputy Secretary, Department of Pension & Pensioners’ Welfare, at her e-mail [email protected], within 15 days.

(D.K. Solanki)
Under Secretary to the Govt. of India
Amendments
proposed in rules 32, 33 and 56-74
(Green colour = insertion, red colour = deletion)
32.
Verification of qualifying service after eighteen years of service,
or and
five years before retirement
(1)
On a Government servant completing eighteen years of service or and
on his being left with five years of service before the date of retirement, whichever is earlier, the Head of Office in consultation with the
Accounts Officer shall, in accordance
with the rules for the time being in force, verify the service rendered by such
a Government servant, determine the qualifying service and communicate to him,
in  Form24, the period of qualifying service so determined.
(2) Notwithstanding anything contained in sub-rule
(1), where a Government servant is transferred to another department from a
temporary department or on account of the closure of the department he had been
previously serving or because the post he held had been declared surplus, the
verification of his service may be done whenever such event occurs.
(3)
The verification done under sub-rules (1) and (2) shall be treated as final and
shall not be reopened except when necessitated by a subsequent change in the
rules and orders governing the conditions under which the service qualifies for
pension.
33-A. Verification of pay after eighteen years of service and
five years before retirement
(1) On a Government servant completing eighteen years of service
and on his being left with five years of service before the date of retirement,
the Head of Office in consultation with the Accounts Officer shall, in
accordance with the rules for the time being in force, verify the pay received
by such a Government servant during that period and communicate to him, the
discrepancies found, if any.
(2) Notwithstanding
anything contained in sub-rule (1), where a Government servant is transferred
to another department from a temporary department or on account of the closure
of the department he had been previously serving or because the post he held
had been declared surplus, the verification of his pay may be done whenever
such event occurs.



(3) The verification done under sub-rules (1) and (2) shall be
treated as final and shall not be reopened except when necessitated by a
subsequent change in the rules and orders governing the conditions under which
the pay had been given.



56. Preparation
of list of Government servants due for retirement
(1)   Every
Head of Department shall have a list prepared every six three
months, that is, on the 1st January, 1
st April,
and the 1st July and 1
st October
each year of all Government servants who are due to retire within the next 12 to 15 [
24 to 30
] months of that date.
(2)   A
copy of every such list shall be supplied to the Accounts Officer concerned not
later than the 31st January, 30
th
April, 31
st
July or 30
th September,
as the case may be, of that year.
(3)   In
the case of a Government servant retiring for reasons other than by way of
superannuation, the Head of Office shall promptly inform the Accounts Officer
concerned, as soon as the fact of such retirement becomes known to him.
(4)   A
copy of intimation sent by the Head of Office to the Accounts Officer under
sub-rule (3) shall also be endorsed to the Directorate of Estates if the
Government servant concerned is an allottee of Government accommodation.
57. Intimation
to the Directorate of Estates regarding issue of “No Demand
Certificate”
(1)    The
Head of Office shall write to the Directorate of Estates at least one year [two
years
]
before the anticipated date of retirement of the
Government servant who is in occupation of a Government accommodation,
(hereinafter referred to as allottee) for the issue of a `No demand
certificate’ in respect of the period preceding eight months of the retirement
of the allottee.
(2)   On receipt of the intimation under sub-rule (1), the Directorate of Estates shall take further action as provided in  Rule 72.
58. Preparation
of pension papers
Every
Head of Office shall undertake the work of preparation of pension papers in  Form 7 one year
[two years] before the date on which a Government
servant is due to retire on superannuation
or on the date on which he proceeds on leave preparatory to retirement,
whichever is earlier.
59. Stages for
the completion of pension papers on
superannuation
(1)
The
Head of Office shall divide the period of preparatory work of one year [two
years]
referred to in  Rule 58 in the following three
stages :-
(a)   
First
Stage. – verification of service :
(i)               
The Head of Office shall go through the
service book of the Government servant and satisfy himself as to whether the
certificates of verification for the entire service are recorded therein. Where qualifying
service has been verified under rule 32, verification of



service qualifying for pension should be done only for the
period beyond the period already verified under rule 32
.
(ii)             
In respect of the unverified portion or
portions of service, he shall arrange to verify the portion or portions of such
service, as the case may be, with reference to pay bills, acquittance rolls or
other relevant records such as last pay
certificate, pay slip for month of April which
shows verification of service for the previous financial
year
and record
necessary certificates in the service book.
(iii)           
If the service for any period is not
capable of being verified in the manner specified in sub-clause (i) and
sub-clause (ii), that period of service having been rendered by the Government
servant in another office or Department, a reference shall be made to the Head
of Office in which the Government servant is shown to have served during that
period for the purpose of verification. The
Head of Office in that
office
or department shall arrange to verify the portion or portions of such service,
in the manner as indicated in sub-clause (ii), and send necessary certificates
to the referring Head of Office within two months from the date of receipt of
such a reference. In case a period of service is incapable of being verified,
it will be brought to the notice of the referring Head of Office
simultaneously. If no response is received within the stipulated time, it will
be presumed that such period or periods qualify for pension. Accountability of
the Head of Office and other concerned authorities shall be fixed for not
communicating the non-qualifying periods of service if found any time
thereafter.
(iv)           
The process given in
sub-clauses (i),(ii) and (iii) shall be completed eight months prior to the
date of superannuation
. If
any portion of service
rendered by a Government servant is not capable of being verified in the manner
specified in sub-clause (i), or sub-clause (ii), or sub-clause (iii) the
Government servant shall be asked to file a written statement on plain paper (,) within a month, stating that he had in
fact rendered that period of service, and shall, at the foot of the statement,
make and subscribe to a declaration as to the truth of that statement (.) and
shall in support of such declaration produce all documentary evidence and
furnish all information which is in his power to produce or furnish.
Furnishing any incorrect
information, which
makes him/her entitled to any benefits he/she is not
otherwise entitled to, shall be construed as a grave misconduct.
(v)             
The Head of Office shall, after taking into
consideration the facts in the written statement and the evidence produced and the information
furnished by the Government servant in support
of the said period of service,
admit
that portion of service as having been rendered for the purpose of calculating the pension of that
Government servant.
(b)  
Second Stage. – Making good omission in the service
book. –



(i) The Head of Office
while scrutinizing the certificates of verification of service, shall also
identify if there are any other omissions,



imperfections or deficiencies which have
a direct bearing on the determination of emoluments and the service qualifying
for pension.
Where pay has been
verified under rule 33-A, verification of emoluments for pension should be done
only for the period beyond the period for which pay has already been verified
under rule 33-A
.
(ii) Every effort shall
be made to complete the verification of service, as in Clause (a) and to make
good omissions, imperfections or deficiencies referred to in sub-clause (i) of
this clause. Any omissions, imperfections or deficiencies which are incapable of being made good and the periods of service about which the
Government servant has submitted no statement and
including
the
portion of service shown as
unverified in the service book which it has not been possible to verify in
accordance with the procedure laid down in Clause (a) shall be ignored and
service qualifying for pension shall be determined on the basis of the entries
in the service book.
(iii)     
Calculation of average emoluments. – For
the purpose of calculation of average emoluments, the Head of Office shall
verify from the service book the correctness of the emoluments drawn or to be
drawn during the last ten months of service. In order to ensure that the
emoluments during the last ten months of service, have been correctly shown in
the service book the Head of Office may verify the correctness of emoluments
for the period of twenty-four months only preceding the date of retirement of a
Government servant, and not for any period prior to that date.
(c)   
Third Stage. – As soon as the second
stage is completed and in any case not later than eight ten
months prior to the date of retirement of the Government servant, the Head of
Office shall take the following action :-
(i)               
He shall furnish to the retiring
Government servant a certificate regarding the length of qualifying service
proposed to be admitted for purpose of pension and gratuity as also the
emoluments and the average emoluments proposed to be reckoned with for
retirement gratuity and pension. In case the certified service and emoluments
as indicated by the Head of Office are not acceptable to him, he shall furnish
to the Head of Office the reasons for non-acceptance, inter alia, supported by
the relevant documents in support of his claim within
two months.
(ii)             
In case of any
difficulty in determining the length of qualifying service on account of
non-availability of service book or other records or in taking the action as
indicated in clauses (a) and (b), the retiring Government servant shall be
asked to file a written statement of service as provided in Clause (ii) of
sub-rule (1) and sub-rule (2) of  Rule 64.
[Omitted]



(iii)           
Forward to the retiring Government
servant [delete Form 4 and]  Form  5 advising him to shall submit the
same duly completed Form 5 in all respects so as to reach the Head of Office
not later than six months prior to his date of retirement.
(2)              
Action under Clauses (a),(b) and (c) of
sub-rule (1) shall be completed six months prior to the date of retirement of
the Government servant.
59-A. A Government servant retiring for reasons other than
superannuation, may submit Form 5 before such retirement after the competent
authority has approved the retirement.
60. Completion
of pension papers
In cases under rule 59, the
Head of office shall complete Part I of  Form 7 not later than four
six
months of before the date of retirement of
Government servant. In
cases under rule 59-A, the Head of Office shall complete Part I of Form 7 within
four months after submission of Form 5 by the Government servant.
61. Forwarding
of pension papers to Accounts Officer
(1)   After
complying with the requirement of Rules  59 and  60, the Head of Office shall
forward to the Accounts Officer  Form 5 and Form 7 duly completed
with a covering letter in  Form 8 along with service book of
the Government servant, duly completed, up-to-date, and any other documents
relied upon for the verification of service and
determination of emoluments
.
(2)   The
Head of Office shall retain a copy of each of the Forms referred to in sub-rule
(1) for his records.
(3)   Where the payment is desired in another circle of accounting unit,
the Head of Office shall send  Form 7 in
duplicate to the Accounts Officer. [Omitted.]
(4)   The
papers referred to in sub-rule (1) shall be forwarded to the Accounts Officers
not later than four six months before the date of retirement superannuation
of Government servant and in other cases four months after the date of submission
of Form 5
.
62. Intimation
to Accounts Officer regarding any event having bearing on pension
If,
after the pension papers have been forwarded to the Accounts Officer within the
period specified in sub-rule (4) of  Rule 61, any event occurs which has
a bearing on the amount of pension admissible, the fact shall be promptly
reported to the Accounts Officer by the Head of Office.
63. Intimation
of the particulars of Government dues to the Accounts Officer
(1)
The Head of Office after ascertaining and assessing the Government dues as in  Rule 71, shall furnish the
particulars thereof to the Accounts Officer at
least two months before the date of



retirement of a Government servant so that the dues are recovered
out of the gratuity before its payment is authorized.
in Form 8 while
forwarding Form 5 and Form 7.
(2)
If, after the particulars of Government dues have been intimated to the
Accounts Officer under sub-rule (1), any additional Government dues come to the
notice of the Head of Office, such dues shall be promptly reported to the
Accounts Officer.
64. Provisional
pension
(1)   The
various stages of action laid down in  Rule 59 and rule
60
shall be strictly followed by the Head of Office. There may
be an isolated case where in spite of following the procedure laid down in  Rule 59, it may not be possible for
the Head of Office to forward the pension papers referred to in  Rule 61 to the Accounts Officer
within the period prescribed in sub-rule (4) of that rule or where the pension
papers have been forwarded to the Accounts Officer within the prescribed period
but the Accounts Officer may have returned the pension papers to the Head of
Office for eliciting further information before issue of pension payment order
and order for the payment of gratuity. If the Head of Office in such a case is
of the opinion that the Government servant is likely to retire before his
pension and gratuity or both can be finally assessed and settled in accordance
with the provisions of these rules, he shall without delay, take steps to determine the qualifying years of service and the emoluments
qualifying for pension after the most careful summary investigations that may
be made. For this purpose, he shall –
(i)    rely upon such information as may be available in the official
records, and
(ii)  ask the retiring Government servant to file a written statement on
plain paper stating the total length of qualifying service including details of
emoluments drawn during the last ten months of service but excluding the breaks
and other non-qualifying periods of service.
(2)   The Government servant while furnishing the statement as in Clause
(ii) of sub-rule (1) shall, at the foot of the statement make and subscribe to
a declaration as to the truth of the statemen
t.
(3)    The Head of Office shall thereafter determine the qualifying years
of service and the emoluments qualifying for pension in accordance with the
information available in the official records and the information obtained from
the retiring Government servant under sub-rule (1). He shall, then
determine the amount of provisional
pension and the amount of provisional
retirement gratuity.
(2) In a case of
retirement other than on superannuation, the Head of Office shall take steps

to grant provisional pension till issue of Pension Payment Order.
(4) After the amount of pension and gratuity have
been determined under sub-rule (3),
the Head of Office shall take further action as follows :-



(a)               
He shall issue a sanction letter
addressed to the Government servant endorsing a copy thereof to the Accounts
Officer authorizing –
(i)                
100 per cent of pension as determined under sub-rule (3) as
provisional pension for a period not exceeding six months to be reckoned from
the date of retirement of the Government servant ; and
(ii)              
100
per cent of the gratuity as provisional gratuity as determined under sub-rule
(3) withholding ten
per cent of gratuity.
(b)              
He shall indicate in the sanction letter
the amount recoverable from the gratuity under sub-rule (1) of Rule 63. After
issue of the sanction letter he shall draw –
(i)                
the
amount of provisional pension ; and
(ii)              
the amount of provisional gratuity after
deducting therefrom the amount mentioned in sub-clause (ii) of Clause (a) and
the dues, if any, mentioned in Rule 71,
in the same manner as pay and allowances
of the establishment are drawn by him.
(5)            
The amount of provisional pension and
gratuity payable under sub-rule (4) shall, if necessary, be revised on the
completion of the detailed scrutiny of the records.
(6)       
(a) The payment of provisional pension
shall not continue beyond the period of six months from the date of retirement
of the Government servant. If the amount of final pension and the amount of
final gratuity had been determined by the Head of Office in consultation with
the Accounts Officer before the expiry of the said period of six months, the
Accounts Officer shall –
(i)          
issue
the pension payment order,
(ii)        
direct the Head of Office to draw and
disburse the difference between the final amount of gratuity and the amount of
provisional gratuity paid under sub-clause (ii) of Clause (b) of sub-rule (4)
after adjusting the Government dues, if any, which may have come to notice
after the payment of provisional gratuity.
(b)  
If
the amount of provisional pension disbursed to a Government servant under
sub-rule
(4)  
is, on its final assessment, found to be
in excess of the final pension assessed by the Accounts Officer, it shall be
open to the Accounts Officer to adjust the excess amount of pension out of
gratuity withheld under sub-clause (ii) of Clause (a) of sub-rule (4) or
recover the excess amount of pension in instalments by making short payments of
the pension payable in future.



(c) (i) If the amount of
provisional gratuity disbursed by the Head of Office under sub-rule (4) is
larger than the amount finally assessed, the retired Government servant shall
not be required to refund the excess amount actually disbursed to him.
(ii)       
The Head of Office shall ensure that
chances of disbursing the amount of gratuity in excess of the amount finally
assessed are minimized and the officials responsible for the excess payment
shall be accountable for the over-payment.
(7)     If
the final amount of pension and gratuity have not been determined by the Head
of Office in consultation with the Accounts Officer within a period of six
months referred to in Clause (a) of sub-rule (6), the Accounts Officer shall
treat the provisional pension and gratuity as final and issue pension payment
order immediately on the expiry of the period of six months.
(8)  
As
soon as the pension payment order has been issued by the Accounts Officer under
Clause
(a)
of sub-rule (6) or sub-rule (7), the Head of Office shall take steps to refund pay
the amount of withheld gratuity under sub-clause (ii) of Clause (a) of sub-rule
(4) to the retired Government servant after adjusting Government dues which may
have come to notice after the payment of provisional gratuity under sub-clause
(ii) of Clause (b) of sub-rule (4). If the Government servant was an allottee
of Government accommodation, the withheld amount should be refunded paid
on receipt of `No Demand Certificate’ from the Directorate of Estates.
65.
Authorization of pension and gratuity by the Accounts Officer
(1)
(a) On receipt of pension papers referred to in  Rule 61, the Accounts Officer shall
apply the requisite checks, record the account enfacement in Part II of  Form 7 and assess the amount of
pension and gratuity and issue the pension payment order not later than one
month in advance of the date of the retirement of the Government servant if the pension is payable in his circle of
accounting unit.
(b)
If the pension is payable in another circle of
accounting unit, the Accounts Officer shall
send the pension payment order along with a copy of  Form 7 and
the accounts enfacement to the Accounts Officer of that unit for arranging
payment.
In the cases of retirement
otherwise than on attaining the age of superannuation, the Accounts Officer
shall apply the requisite checks, complete Part II of  Form 7 and assess the amount of
pension and gratuity and issue the pension payment order within two months of
date of receipt of pension papers from the Head of Office.
(2)  
The
amount of gratuity as determined by the Accounts Officer under Clause (a) of
sub-rule
(1)   shall
be intimated to the Head of Office with the remarks that the amount of the
gratuity may be drawn and disbursed by the Head of Office to the retired
Government servant after adjusting the Government dues, if any, referred to in  Rule 71.
(3)   The
amount of gratuity withheld under sub-rule (5) of  Rule 72 shall be adjusted by the
Head of Office against the outstanding licence fee intimated by the Directorate
of Estates and the balance, if any, refunded to the retired Government servant.



65-A   Authorisation of
family pension in Pension Payment Order
Where
there are permanently disabled child or children or siblings and/or dependent
parents in the family of the retiring Government servant and, in accordance
with rule 54, there are no other eligible prior claimants to family pension
except spouse, such disabled children or dependent parents or disabled siblings
shall be authorised by the Accounts Officer in the Pension Payment Order along
with the spouse of the retiring Government servant. Family pension will be
payable in such cases by the pension disbursing authority in the order and
manner given in sub-rule (2) of rule 81.
66. Payment of
provisional pension and gratuity through money order
If the provisional pension or gratuity or both
sanctioned under sub-rule (4) of  Rule 64, is desired by the
pensioner to be paid through money order or bank draft, the same shall be
remitted to him through money order or bank draft at his cost:
Provided that in the case of any pensioner who has
been authorized payment of provisional pension not exceeding three thousand five hundred rupees per
mensem exclusive of the amount of relief on pension that amount shall, at the
request of the pensioner, be remitted to him by money order at Government
expense.
67. Government
servants on deputation
(1)     In
the case of Government servant who retires while on deputation to another Central
Government Department, action to authorize pension and gratuity in accordance
with the provisions of this Chapter shall be taken by the Head of Office of the
borrowing Department.
(2)   In
the case of a Government servant who retires from service, while on deputation
to a State Government or while on foreign service, action to authorize pension
and gratuity in accordance with the provisions of this Chapter shall be taken
by the Head of Office or the Cadre authority which sanctioned deputation to the
State Government or to foreign service.
68. Interest on
delayed payment of gratuity
(1)
If the payment of gratuity has been authorized later than the date when its
payment becomes due, including the cases of
retirement otherwise than on superannuation,
and it is clearly
established that the delay in payment was attributable to administrative reasons or lapses, interest shall be paid at the rate applicable to General Provident Fund amount
from time to
time and
in accordance with the instructions issued from time to time:
Provided that the delay in payment was not caused on
account of failure on the part of the Government servant to comply with the
procedure laid down by the Government for processing his pension papers.
(2)
Every case of delayed payment of gratuity shall be considered by the Secretary
of the Administrative Ministry or the Department in respect of its employees
and the employees of its



attached
and subordinate offices and where the Secretary of the Ministry or the
Department is satisfied that the delay in the payment of gratuity was caused on
account of administrative reasons or lapse,
the Secretary of the Ministry or the Department shall sanction payment of interest.
(3)    The
Administrative Ministry or the Department shall issue Presidential sanction for
the payment of interest after the Secretary has sanctioned the payment of
interest under sub-rule (2).
(4)    In
all cases where the payment of interest has been sanctioned by the Secretary of
the Administrative Ministry or the Department, such Ministry or the Department
shall fix the responsibility and take disciplinary action against the
Government servant or servants who are found responsible for the delay in the
payment of gratuity on account of
administrative lapses.
(5)  
Deleted
69. Provisional
pension where departmental or judicial proceedings may be pending
(1)
(a) In respect of a Government servant referred to in sub-rule (4) of  Rule 9, the Accounts Officer shall
authorize the provisional pension equal to the maximum pension which would have
been admissible on the basis of qualifying service up to the date of retirement
of the Government servant, or if he was under suspension on the date of
retirement up to the date immediately preceding the date on which he was placed
under suspension.
(b)    The
provisional pension shall be authorized by the Accounts Officer during the
period commencing from the date of retirement up to and including the date on
which, after the conclusion of departmental or judicial proceedings, final
orders are passed by the competent authority.
(c)   No
gratuity shall be paid to the Government servant until the conclusion of the
departmental or judicial proceedings and issue of final orders thereon :
Provided
that where departmental proceedings have been instituted under Rule 16 of the
Central Civil Services (Classification, Control and Appeal) Rules, 1965, for
imposing any of the penalties specified in Clauses (i), (ii) and (iv) of Rule
11 of the said rules, the payment of gratuity shall be authorized to be paid to
the Government servant.
(2)
Payment of provisional pension made under sub-rule (1) shall be adjusted
against final retirement benefits sanctioned to such Government servant upon
conclusion of such proceedings but no recovery shall be made where the pension
finally sanctioned is less than the provisional pension or the pension is
reduced or withheld either permanently or for a specified period.
70. Revision of
pension after authorization



(1) Subject to the provisions of  Rules 8 and  9, pension
once authorized after final assessment shall not be revised to the disadvantage
of the Government servant, unless such revision becomes necessary on account of
detection of a clerical error subsequently:
Provided that no revision of pension to
the disadvantage of the pensioner shall be ordered by the Head of Office
without the concurrence of the Department of Pension and Pensioners’ Welfare if
the clerical error is detected after a period of two years from the date of
authorization of pension.
(2)   
For the purpose of sub-rule (1), the
retired Government servant concerned shall be served with a notice by the Head
of Office requiring him to refund the excess payment of pension within a period
of two months from the date of receipt of notice by him.
(3)  
In case the Government servant fails to
comply with the notice, the Head of Office shall, by order in writing, direct
that such excess payment, shall be adjusted in instalments by short payments of
pension in future, in one or more instalments, as the Head of Office may
direct.
71. Recovery and adjustment of
Government dues
(1)  
It shall be the duty of the Head of
Office to ascertain and assess Government dues payable by a Government servant
due for retirement.
(2)   
The Government dues as ascertained and
assessed by the Head of Office which remain outstanding till the date of
retirement of the Government servant, shall be adjusted against the amount of
the retirement gratuity becoming payable.
(3)  
The
expression `Government dues’ includes –
(a)   
dues
pertaining to Government accommodation including arrears of licence fee, if
(b) dues other than
those pertaining to Government accommodation, namely, balance of house building
or conveyance or any other advance, overpayment of pay and allowances or leave
salary and arrears of income tax deductible at source under the Income Tax Act,
1961 (43 of 1961).
72.   
Adjustment and recovery of dues pertaining to
Government accommodation
(1)  
The Directorate of Estates on receipt of
intimation from the Head of Office under sub-rule (1) of  Rule 57 regarding the issue of No
Demand Certificate shall scrutinize its records and inform the Head of Office within next one month if any licence fee
was recoverable from him in respect of the period prior to eight months of his
retirement. If no intimation in regard to recovery of outstanding licence fee
is received by the Head of Office by the stipulated date, it shall be presumed
that no licence fee was recoverable from the allottee in respect of the period
preceding eight months of his retirement.



(2)   The
Head of Office shall ensure that licence fee for the next eight months, that is
up to the date of retirement of the allottee, is recovered every month from the
pay and allowances of the allottee.
(3)   Where
the Directorate of Estates intimates the amount of licence fee recoverable in
respect of the period mentioned in sub-rule (1), the Head of Office shall
ensure that outstanding licence fee is recovered in instalments from the
current pay and allowances of the allottee and where the entire amount is not
recovered from the pay and allowances, the balance shall be recovered out of
the gratuity before its payment is authorized.
(4)   The
Directorate of Estates shall also inform the Head of Office the amount of
licence fee for the retention of Government accommodation for the permissible
period of four months
beyond the date of retirement of the allottee. The Head of Office shall adjust
the amount of that licence fee from the amount of the gratuity together with
the unrecovered licence fee, if any, mentioned in sub-rule (3).
(5)       If
in any particular case, it is not possible for the Directorate of Estates to
determine the outstanding licence fee, that Directorate shall inform the Head
of Office that ten per cent of the gratuity may be withheld pending receipt of
further information.
(6)        
The recovery of licence fee in respect of the period preceding eight months of his
retirement (where it is not
possible for the Directorate of Estates to determine the outstanding licence fee) as well as damages (for the
occupation of the Government accommodation beyond the permissible period of four months after the date of
retirement of allottee) shall be the responsibility of the Directorate of
Estates.
(7)              
The
Directorate of Estates shall ensure that a final “No Demand Certificate” shall
be given to the Government employee within a period of fourteen days from the
actual date of vacation of the Government accommodation. After adjusting the
arrears of licence fee and damages, if any, payable by the allottee, the excess
amount of the withheld gratuity under sub-rule (5) above shall be paid
immediately on production of a final “No Demand Certificate”. The allottee
shall be entitled to payment of interest (at the rate applicable to General
Provident Fund deposit on the date he vacates the Government accommodation) on
the excess withheld amount of gratuity. The interest shall be payable, for the
period from the actual date of vacation of the Government accommodation to the
date of payment of the excess withheld amount, by the Directorate of Estates
through the Accounts Officer concerned.
(8)  
Any amount
of licence fee or damages remaining unrecovered after adjustment from the
withheld amount of gratuity mentioned under sub-rule (5) above or became
recoverable after the payment of gratuity, may be ordered to be recovered by
the Directorate of Estates through the Accounts Officer concerned from the
dearness relief without the consent of the pensioner. In such cases no dearness
relief shall be disbursed until full recovery of such dues has been made.



NOTE. – For the purpose of this rule, the licence
fee shall also include any other charges payable by the allottee for any damage
or loss caused by him to the accommodation or its fittings.



73.    Adjustment
and recovery of dues other than dues pertaining to Government accommodation
(1)   For
the dues other than the dues pertaining to occupation of Government
accommodation as referred to in Clause (b) of sub-rule (3) of Rule  71, the Head of Office shall take
steps to assess the dues two years
one year before the date on
which a Government servant is due to retire on superannuation; or on the date
on which he proceeds on leave preparatory to retirement, whichever is earlier.
(2)    The
assessment of Government dues referred to in sub-rule (1) shall be completed by
the Head of Office eight months prior to the date of the retirement of the
Government servant.
(3)     The
dues as assessed under sub-rule (2) including those dues which come to notice
subsequently and which remain outstanding till the date of retirement of the
Government servant, shall be adjusted against the amount of retirement gratuity
becoming payable to the Government servant on his retirement.
74. Date of
retirement to be notified
When a
Government servant retires from service –
(a)          
a notification in the Official Gazette
in the case of a Gazetted Government servant, and
(b)         
an office order in the case of a
non-gazetted Government servant shall be issued specifying the date of
retirement within a week of such date and a copy of every such notification or
office order, as the case may be, shall be forwarded immediately to the
Accounts Officer :
Provided that where a notification in the Official
Gazette or an office order, as the case may be, regarding the grant of leave
preparatory to retirement to a Government servant is issued, a further
notification or office order that the Government servant has actually retired
on the expiry of such leave shall not be necessary unless the leave is
curtailed and the retirement is for any reason ante-dated or postponed
74-A      ]
75.                 
]Omitted
vide Notification No 6(1)/Pen(A)/79 dated 19-5-1980.
76.                 
]



77.
Obtaining of claims for family pension and death gratuity

(1)  
Where the Head of Office has received an
intimation about the death of a Government servant while in service, he shall
ascertain whether any death gratuity or family pension or both is or are
payable in respect of the deceased Government servant.
(2)  
(a) Where the family of the deceased
Government servant is eligible for the death gratuity under  Rule 50, the Head of Office shall
ascertain –
(i)    
if the deceased Government servant had
nominated any person or persons to receive the gratuity ; and
(ii)     
if the deceased Government servant had
not made any nomination or the nomination made does not subsist, the person or
persons to whom the gratuity may be payable.
(b)  
The Head of Office shall, then, address
the person concerned in  Form 10 or  Form 11, as may be appropriate, for
making a claim in  Form 12
(3)      Where
the family of the deceased Government servant is eligible under  Rule 54 for family pension, 1964
(a)  
the Head of Office shall address the
widow or widower in  Form 13 for making a claim in  Form 14 ; and
(b)Where
the deceased Government servant is survived only
by a child or children or dependent parents or dependent disabled siblings, the guardian or such child or children or
parents or siblings, whoever is/are entitled to receive family pension in

terms of rule 54 may submit a
claim in  Form 14 to the Head of Office :
Provided
that the guardian shall not be required to submit a claim in the said Form on
behalf of a child claimant if the child he/she has attained the age of eighteen years and is not suffering from any disorder or
disability of mind
and such child the
claimant
may himself or herself
submit a claim in the said Form.
Provided further that the mother shall apply for the family
pension where both mother and father of the deceased Government servant are
alive and entitled to receive family pension in terms of rule 54.
(4)    
Omitted
(5)      If
on the date of death, the Government servant was an allottee of Government
accommodation, the Head of Office shall address the Directorate of Estates for
the issue of “No Demand Certificate” in accordance with the
provisions of sub-rule (1) of  Rule 80-C.
78. Completion
of Form 18



(1) (a) The Head of Office while taking action to
obtain claim or claims from the family in accordance with the provisions of
Rule 77 shall simultaneously undertake the completion of Form 18. The work
shall be completed within one month of the date on which intimation regarding
the date of death of the Government servant has been received.
(b)          
The Head of Office shall go through the
service book of the deceased Government servant and satisfy himself as to
whether certificates of verifications of service for the entire service are
recorded therein.
(c)               
If there are any periods of unverified
service, the Head of Office shall accept the unverified portion of service as
verified on the basis of the available entries in the service book. For this
purpose the Head of Office may rely on any other relevant material to which he
may have ready access. While accepting the unverified portion of service, the
Head of Office shall ensure that service was continuous and was not forfeited
on account of dismissal, removal or resignation from service, or for
participation in strike.
(2)(a)   For
the purpose of determination of emoluments for family pension and death
gratuity, the Head of Office shall confine the verification of the correctness
of emoluments for a maximum period of one year preceding the date of death of
the Government servant.
(b) In case the
Government servant was on extraordinary leave on the date of death, the
correctness of the emoluments for a maximum period of one year which he drew
preceding the date of the commencement of the extraordinary leave shall be
verified.
(3)
The process of determination of qualifying service and qualifying emoluments
shall be completed within one month of the receipt of intimation regarding the
date of death of the Government servant and the amount of family pension and death
gratuity shall also be calculated accordingly.
79.    Determination
of the amount of family pension and gratuity where service records are
incomplete
According to the existing instructions, there should
not be any case where service book has not been maintained properly. If in any
particular case, the service book has not been maintained properly despite the
Government’s orders on the subject, and it is not possible for the Head of
Office to accept the unverified portion of service as verified on the basis of
entries in the service book, the Head of Office shall not proceed with the
verification of the entire spell of service. The verification of service in
such a case shall be confined to the following spells of service :-
(a)  For the purpose
of Family Pension –
(i)        
If the deceased Government servant on
the date of death had rendered more than one year of service but less than
seven years of service, the service and emoluments for the last year of service
shall be verified and accepted by the Head of Office and the amount of Family
Pension, 1964, determined under sub-rule (2) and sub-rule (2-A) of  Rule 54.



(ii)      
If the deceased Government servant on
the date of his death had rendered more than seven years of service, the
service for the last seven years and emoluments for service rendered in the
last year shall be verified and accepted by the Head of Office and the amount
of Family Pension, 1964 and the period for which it is payable shall be
determined in accordance with the provisions of sub-rule (3) of  Rule 54.
(iii)    
If the deceased Government servant at
the time of death had rendered more than seven years of service and the service
of last seven years is not capable of being verified and accepted by the Head
of Office but the service rendered during the last year is capable of being
verified and accepted, the Head of Office, pending the verification of service
for seven years, shall calculate the amount of family pension in accordance
with the provisions of sub-rule (2) and sub-rule (2-A) of  Rule 54.
(iv)    
The service for the last seven years
shall be verified and accepted within the next two months and the amount of
family pension at the enhanced rate and the period for which it is payable
shall be determined in accordance with the provisions of sub-rule
(3)
of  Rule 54.
(v)      
The determination of the amount of
family pension in accordance with the provisions of sub-clauses (i), (ii) and
(iii) shall be done within one month of the receipt of intimation of the date
of death of the Government servant.
(b)  
For
the purpose of death gratuity –
(i)        
If the deceased Government servant had
on the date of his death rendered more than 5 years of qualifying service but
less than 20 years of qualifying service, and the spell of last 5 years has
been verified and accepted by the Head of Office under clause (a), the amount
of death gratuity shall be equal to 12 times of his emoluments as indicated in
item (iii) of the Table below clause (b) of sub-rule (1) of Rule 50. Where the
verified and accepted service is less than 5 years, the amount of death
gratuity shall be the amount as indicated in Item (i) or Item (ii) in the Table
below clause (b) of sub-rule (1) of  Rule 50, as may be applicable.
(ii)      
If the deceased Government servant had
rendered more than twenty years of service and the entire service is not
capable of being verified and accepted, but the service for the last five years
has been verified and accepted under sub-clause (i), the family of the deceased
Government servant shall be allowed, on provisional basis, the death gratuity
equal to 12 times of the emoluments. Final amount of the gratuity shall be
determined by the Head of Office on the acceptance and verification of the
entire spell of service which shall be done by the Head of Office within a
period of six months from the date on which the authority for the payment of
provisional gratuity
was issued. The balance, if any,
becoming payable as a result of determination of the final amount of
1[death
gratuity] shall then be authorised to the beneficiaries.
(c)                  
[Omitted]



80. 
Forwarding the papers to the Accounts Officer
(1)   On
receipt of claim or claims, the Head of Office shall complete items 22, 23, 24, 25 and 26 items 14, 21 and 22 of
 Form 18 and send the said Form in original to the
Accounts Officer with a covering
letter in  Form 19 along with the Government
servant’s service book duly completed up-to-date and any other documents relied
upon for the verification of the service claimed (may be deleted). This shall be done not
later than one month of the receipt of claim by the
Head of Office.
(2)   
The
Head of Office shall retain one copy of the aforesaid  Form 18 for his office
record.
(3)   If the payment is desired in another circle of accounting unit,  Form 18 shall
be sent in duplicate to the Accounts Officer.
[Omitted]
(4)   The
Head of Office shall draw the attention of the Accounts Officer to the details
of Government dues outstanding against the deceased Government servant, namely,
(a)   
Government dues as ascertained and
assessed in term of Rule  80-C and recoverable out of the
gratuity before payment is authorized.
(b)  
Amount of gratuity to be held over
partly for adjustment of Government dues which have not been assessed so far
and partly as margin for adjustment in the light of the final determination of
the gratuity.
(c)  
The maximum amount of gratuity to be
held over for the purpose of Clause (b) shall be limited to ten per cent of the
amount of gratuity.
(5)  
(a) If  Form 18 has been completed and the
claim or claims in the respective Forms have not been received from the
beneficiary or beneficiaries, the Head of Office shall forward  Form 18 and the documents referred
to in sub-rule (1) to the Accounts Officer leaving unfilled items 22, 23, 24, 25 and 26 items 14,
21 and 22
of Part I of the said Form.
(b)  
As soon as the claim or claims are
received by Head of Office, they shall immediately be forwarded to the Accounts
Officer with the request that items 22,
23, 24, 25 and 26 items 14, 21 and 22 of Part I of  Form 18 may be filled by the Accounts Officer.
80-A.  Sanction, drawal and disbursement of
provisional family pension and gratuity
(1) After the documents referred to in  Rule 80 have been sent to the
Accounts Officer concerned, the Head of Office shall draw provisional family
pension not exceeding the maximum family pension and hundred per cent of the
gratuity as determined in accordance with the provisions of this Chapter. For
this purpose the Head of Office shall adopt the following procedure, namely:-



(a)               
he shall issue a sanction letter in
favour of claimant or claimants endorsing a copy thereof to the Accounts
Officer concerned indicating the amount of provisional family pension and
hundred per cent of the gratuity as determined ;
(b)              
he shall indicate in the sanction letter
the amount recoverable out of the gratuity under sub-rule (4) of  Rule 80 ;
(c)               
after
issue of the sanction letter he shall draw –
(i)        
the
amount of the provisional family pension ; and
(ii)     
the amount of hundred per cent of the
gratuity after deducting therefrom the dues mentioned in Clause (b), in the
same manner as pay and allowances of the establishment are drawn by him.
(2) The Head of Office shall disburse the
provisional family pension (including arrears, if any) and the gratuity
immediately after the same have been drawn under sub-rule (1).
3) The payment of provisional family pension shall
continue for a period of six months from the date following the date of death
of the Government servant unless the period is extended by the Accounts Officer
under the proviso to sub-rule (1) of Rule  80-B.
(4) The Head of Office shall inform the
Accounts Officer –
(a) 
as soon as the gratuity has been paid to the claimant or claimants ; and
(b) as soon as provisional family pension has been
paid for a period of six months or for the period extended under proviso to
sub-rule (1) of Rule  80B, as the case may be.
(5) If the claimant or any of the claimants desire
the payment of provisional family pension or of gratuity or of both through
money order or bank draft, the same shall be remitted to him or her through
money order or bank draft at his own cost :
Provided that in the case of any claimant who is
sanctioned a provisional family pension not exceeding
(inclusive of relief on family pension)
three thousand five hundred rupees and admissible dearness
relief
per mensem, the amount of
pension shall, at the request of the claimant, be remitted to
him or her by money order at Government expense.
80-B.
Authorisation of final family pension
and balance of the gratuity by the Accounts Officer
(1) On receipt of the documents referred to in
sub-rule (1) of  Rule 80, the Accounts Officer
shall, within a period of three months from the date of receipt of the
documents apply the requisite checks and complete Section I of Part II of  Form 18 and assess the amount of
family pension and gratuity :



Provided that if the Accounts Officer is, for any
reason, unable to assess the amount within the period aforesaid, he shall
communicate the fact to the Head of Office to continue to disburse the
provisional family pension to the claimant for such period as may be specified
by the Accounts Officer.
(2)   
(a) If the family pension is payable in
his circle of accounting unit, the Accounts Officer shall prepare the pension
payment order.
(b)  
The payment of family pension shall be
effective from the date following the date on which the payment of provisional
family pension ceased.
(c)  
Arrears of family pension, if any, in
respect of the period for which provisional family pension was drawn and
disbursed by the Head of Office shall also be authorized by the Accounts
Officer.
(3)   
(a) The Accounts Officer shall determine
the amount of the balance of the gratuity after adjusting the amount, if any,
outstanding against the deceased Government servant.
(b)      
The Accounts Officer shall intimate to
the Head of the Office, the amount of the balance of the gratuity determined
under Clause (a) with the remarks that the amount of the balance of the
gratuity may be drawn and disbursed by the Head of Office to the person or
persons to whom the provisional gratuity has been paid.
(c)      
The amount of gratuity withheld under
Clause (b) of sub-rule (1) of Rule  80C shall be adjusted by the Head
of Office against the outstanding licence-fee mentioned in Clause (viii) of
sub-rule (1) of Rule  80C and the balance, if any,
refunded to the person or persons to whom gratuity has been paid.
(4)   The
fact of the issue of the pension payment order shall be promptly reported to
the Head of Office by the Accounts Officer and the documents which are no
longer required shall also be returned to him.
(5)   If the final family pension including the arrears of provisional
family pension is payable in another circle of accounting unit, the Accounts
Officer shall send the pension payment order together with a copy of  Form 18, duly
completed to the Accounts Officer of that unit for arranging payment :
Provided that the adjustment
of provisional family pension drawn and disbursed by the Head of Office shall
be made by the Accounts Officer in whose circle of accounting unit the provisional
family pension was paid.
[Omitted]
(6) If the amount of provisional family pension as
disbursed by the Head of Office is found to be in excess of the final pension
assessed by the Accounts Officer it shall be open to the



Accounts Officer to adjust the excess amount in
instalments by short payments of family pension payable in future.
(7)  
(a) If the amount of gratuity disbursed
by the Head of Office proves to be larger than the amount finally assessed by
the Accounts Officer, the beneficiary shall not be required to refund the
excess.
(b)      
The Head of Office shall ensure that
chances of disbursing the amount of gratuity in excess of the amount actually
admissible are minimized and the official or officials responsible for the
excess payment shall be accountable for the overpayment.
(8)              
Where
there are permanently disabled child or children or siblings and/or dependent
parents in the family of the deceased Government servant and in accordance with
rule 54, there are no other eligible prior claimants to family pension except
the claimant, such disabled children or dependent parents or disabled siblings
shall be authorised by the Accounts Officer in the Pension Payment Order of the
claimant. Family pension will be payable in such cases by the pension
disbursing authority in the order and manner given in sub-rule
(2) of rule 81.
80-C.  Adjustment of Government dues
(1)  
Dues
pertaining to Government accommodation –
(i)      If
on the date of death the Government servant was allottee of Government
accommodation, the Head of Office on receipt of intimation regarding the death
of the Government servant shall, within seven days of the receipt of such
intimation, write to the Directorate of Estates for the issue of `No demand
certificate’ so that authorization of family pension and death gratuity is not
delayed. While addressing the Directorate of Estates for the issue of no demand
certificate, the Head of Office shall also supply the following information in
duplicate (one copy marked to the Rent Wing and the second to the Allotment
Wing) :-
(a)   
name
of the deceased Government servant with designation;
(b)  
particulars
of the accommodation (quarter No., type and locality);
(c)   
date
of death of Government servant;
(d)  
whether the Government servant was on
leave at the time of his death and, if so, the period and nature of leave;
(e)   
whether
the Government servant was enjoying rent-free accommodation;



(f)   
the period up to which licence fee had
been recovered from the pay and allowances of the deceased Government servant
and the monthly rate of recovery and particulars of the pay bill under which
last recovery was made;
(g)  
if the licence fee had not been
recovered up to the date of death and the family intends to retain Government
accommodation for the permissible period of
four
months from the date
of death of the Government servant
thereafter
, details of the :-
(A)    
period
for which licence fee still remains to be recovered ;
(B)    
the amount of licence fee in respect of
the period at (A) to be determined on the basis of the standard rent bill ;
(C)    
the amount of licence fee for the
retention of Government accommodation by the family of the deceased Government
servant for the concessional period of four
2
months beyond the date of death of the Government servant to be determined on
the basis of standard bill ;
(D)  
the amount of licence fee mentioned at
(B) and (C) proposed to be recovered out of death gratuity;
(E)     
details of any previous reference from
the Directorate of Estates having bearing on the recovery of licence fee
outstanding against the allottee and action taken thereon.
(ii)   
The Head of Office shall recover from
the death gratuity the amount of licence fee as intimated to the Directorate of
Estates under Clause (i).
(iii)   
The recovery of licence fee for the
occupation of Government accommodation beyond the permissible period of four months shall be the responsibility
of the Directorate of Estates.
(iv)   
The Directorate of Estates shall
scrutinize their records with a view to determine if licence fee other than the
licence fee referred to in Clause (i) was outstanding against deceased
Government servant. If any recovery is found, the amount and the period or
periods to which such recovery or recoveries relate shall be communicated to
the Head of Office within a period of three months of the receipt of intimation
regarding the death of the Government servant under Clause (i).
(v)  
Pending receipt of information under
Clause (iv), the Head of Office shall withhold ten per cent of the death
gratuity.
(vi)   
If no intimation is received by the Head
of Office within the period prescribed under Clause (iv) regarding recovery of
licence fee, it shall be presumed that nothing was revocerable from the
deceased Government servant and the amount of gratuity withheld shall be paid
to the person or persons to whom the amount of death gratuity was paid.



(vii)    
If the Head of Office has received
intimation from the Directorate of Estates under Clause (iv) regarding licence
fee outstanding against the deceased Government servant, the Head of Office
shall verify from the acquittance rolls if the outstanding amount of licence
fee was recovered from the pay and allowances of the deceased Government
servant. If as a result of verification, it is found that the amount of licence
fee shown as outstanding by the Directorate of Estates, had already been
recovered, the Head of Office shall draw the attention of the Directorate of
Estates to the pay bills under which the necessary recovery of the licence fee
was made and subject to the provisions of sub-rule (2) take steps to pay the
amount of the gratuity withheld under Clause (v) to the person or persons to
whom the death gratuity was paid.
(viii)     
If the outstanding amount of licence fee
was not recovered from the pay and allowances of the deceased Government
servant, the outstanding amount shall be adjusted against the amount of the
gratuity withheld under Clause (v) and the balance, if any, repaid to the
person or persons to whom the amount of death gratuity was paid.
(ix)                      
Any amount
of licence fee or damages, remaining unpaid after adjustment from the withheld
amount of gratuity, may be ordered to be recovered by the Head of Office
through the Accounts Officer concerned from the dearness relief without the
consent of the family pensioner. In such cases no dearness relief shall be
disbursed until full recovery of such dues has been made.
(2) Dues other than those
referred to in sub-rule (1) –
The Head of Office shall, within one month of the
receipt of intimation regarding death of a Government servant take steps to
ascertain if any dues as referred to in Rule  71 excluding the dues pertaining to
the allotment of Government accommodation were recoverable from the deceased
Government servant. Such ascertainable dues shall be recovered from the amount
of death gratuity becoming payable to the family of the deceased Government
servant.
80-D. Payment of
family pension and death gratuity when a Government servant dies while on
deputation
(1)   In
the case of a Government servant who dies while on deputation to another
Central Government Department, action to authorize family pension and death
gratuity in accordance with the provisions of this Chapter shall be taken by
the Head of Office of the borrowing Department.
(2)     In
the case of a Government servant who dies while on deputation to a State
Government or while on foreign service, action to authorize the payments of
family pension and death gratuity in accordance with the provisions of this Chapter
shall be taken by the Head of Office or the cadre authority which sanctioned
the deputation of the Government servant to the State Government or to the
foreign service.
81.  Sanction of
family pension and residuary gratuity on the death of a pensioner



(1) Where the Head of Office has received an
intimation regarding the death of a retired Government servant who was in
receipt of pension, he shall ascertain whether any family pension or residuary
gratuity or both is or are payable in respect of the deceased pensioner:
Provided that the Head of Office may, when he
considers it necessary so to do, consult the Accounts Officer.
(2) (A) (i) If the
deceased pensioner is survived by a widow or widower who is eligible for the
grant of Family Pension, 1964
under  Rule 54, the amount of Family
Pension, 1964 as indicated
in the Pension Payment Order shall become payable to the widow or widower, as
the case may be, from the day following the date of death of the pensioner.
(ii) On receipt of a
claim in  Form 14 from the widow or widower,
the Pension Disbursing Authority from whom the deceased pensioner was drawing
his or her pension shall authorise the payment of Family Pension, 1964 to the widow or widower, as the
case may be.
Provided
that in case the pensioner and spouse were holding a joint account, there is no
requirement of submitting a claim in Form 14. The spouse shall inform the
Pension Disbursing Authority of death of the pensioner and request for
commencement of family pension through a simple letter. He/she shall enclose a
copy of death certificate of pensioner, PPO and an undertaking that any amount
to which he/she is not entitled or any amount which may be credited to his/her
account in excess of the amount to which he/she is entitled would be refunded
or made good.
(B)  
(i) Where the deceased pensioner is
survived by an eligible child
or children or dependent parents or dependent disabled siblings, the
guardian of or the child
or children or dependent parents or dependent
disabled siblings,
whoever
is/are entitled to receive family pension in terms of rule 54
may submit a claim in  Form 14 to the Head of Office for
the payment of Family Pension, 1964:
Provided that the
guardian shall not be required to submit a claim in the said Form on behalf of
the son or unmarried daughter
claimant if he or she has
attained the age of eighteen years and is not
suffering from any disorder
or
disability of mind
and such a person may himself or herself
submit a claim in the said
Form.
Provided further that
the mother shall apply for the family pension where both mother and father of
the deceased pensioner are alive and entitled to receive family pension in
terms of rule 54.
(ii)  
On receipt of a claim from the guardian, the Head of Office
shall sanction the Family Pension, 1964
in  Form 20



(C) (i) Where a widow or
widower in receipt of Family Pension, 1964
remarries and has, at the time of remarriage, child or children from the former
spouse who is or are eligible for Family Pension, 1964 the remarried individual shall be
eligible to draw the Family Pension, 1964
on behalf of such child or children if such individual continues to be the
guardian of such child or children.
(ii)  
For the purposes of sub-clause (i), the
remarried individual shall apply to the Head of Office on plain paper
furnishing the following particulars, namely :-
(a)  
a declaration that the applicant
continues to be the guardian of such child or children;
(b)  
the
date of remarriage;
(c)  the name and
date of birth of the child or children from the former spouse;
(d)  
the pension disbursing authority from
where payment of Family Pension 1964 on behalf of such child or children is
desired;
(e)  full postal
address of the applicant.
(iii)   
If the remarried individual has, for any
reason, ceased to be the guardian of such child or children, the Family Pension, 1964 shall become payable to the person
entitled to act as guardian of such child or children under the law for the
time being in force and such person may submit a claim in Form 14 to the Head
of Office for the payment of Family Pension,
1964
:
Provided that the
guardian shall not be required to submit a claim in the said Form on behalf of
the son or unmarried daughter is he or she has attained the age of eighteen
years and such person may himself or herself submit a claim in the said Form.
(iv)  
On receipt of the claim referred to in
sub-clause (iii), the Head of Office shall sanction Family Pension, 1964 in  Form 21.
(D)     
(i) Where a widow or widower in receipt
of Family Pension, 1964
dies and leaves behind eligible
child or children or dependent parents or
dependent disabled
siblings,
eligible child or children or
the guardian or the child or
children or parents or disabled siblings,
whoever is/are entitled to receive family pension in terms of rule 54
may
submit a claim in  Form 14 to the Head of Office for the payment of Family Pension, 1964 :
Provided that the guardian shall not be required to
submit a claim in the said Form on behalf of the son or unmarried daughter claimant if he or she has attained the age
of eighteen years and is not suffering from
any disorder or disability of mind
and such person may himself
or herself submit claim in the said Form.



Provided further that the mother shall apply for the family
pension where both mother and father of the deceased Government servant or
pensioner are alive and entitled to receive family pension in terms of rule 54.
(ii)   
On receipt of a claim under sub-clause
(i) the Head of Office shall sanction Family Pension, 1964 in Form 21.
(E)     Where the name(s) of permanently disabled child or children or
siblings and/or dependent parents had been added to the Pension Payment Order
issued to the retiring Government servant, fresh Pension Payment Order shall
not be issued and the family pension will be payable in such cases by the
pension disbursing authority in the following order and the following manner:
(i)       
To the
spouse
– on the death of the
pensioner – on production of death certificate of pensioner. This family
pension will continue till death or remarriage of spouse. In the case of a
childless widow, the family pension may continue even after her re-marriage as
per rules.
(ii)      To the permanently disabled child or children – on the death/remarriage of spouse – on production of such
death certificate/remarriage-intimation. Family pension to the spouse will be
discontinued and family pension would be allowed by the PDA for life for
permanently disabled children in the order prescribed in Rule 54 of the CCS
(Pension) Rules, 1972.
(iii)    To the dependent parents – first mother, then father – when claimants in (i) and (ii)
die or become ineligible – on production of death
certificate/remarriage-intimation of spouse and/or death certificates of all
permanently disabled children, family pension would be allowed by the PDA to
dependent parents. This family pension would continue till death of the
dependent parents.
(iv)     To the permanently disabled siblings – when family pension to all above ceases to be payable on account
of death/re-marriage – on production of death certificates/
remarriage-intimation as applicable, the family pension will be allowed by PDA
to the permanently disabled siblings.
(F)     In all other cases where there are other eligible prior
claimants to family pension in accordance with rule 54, the names of disabled
child or children or dependent parents or permanently disabled siblings will be
added to the Pension Payment Order issued to the preceding eligible family
pensioner. Family pension to these permanently disabled child or children or
siblings or dependent parents will be payable after the death or ineligibility
of the prior claimant, as the case maybe.
(G)     Such an authorisation shall become invalid in case a person
becomes member of family after issue or amendment of such Pension Payment Order
and is entitled to



family pension prior to the disabled child or sibling or
dependent parents at the time of the death of the pensioner or his/her spouse.
(3)    Omitted
4)           
Where on the death of a retired
Government servant a residuary gratuity becomes payable to the family of the
deceased under sub-rule (2) of  Rule 50, the Head of Office shall
sanction its payment on receipt of a claim or claims in  Form 22 from the person or persons
eligible to receive the residuary gratuity.



65-A Where there are
permanently disabled child or children or siblings and/or dependent parents in
the family of the retiring Government servant and in accordance with rule 54,
there are no other eligible prior claimants to family pension except spouse,
such disabled children or dependent parents or disabled siblings shall be
authorised by the Accounts Officer in the Pension Payment Order along with the
spouse of the retiring Government servant. Family pension will be payable in
such cases by the pension disbursing authority in the order and manner given in
sub-rule (2) of rule 81.



80-B (8) Where there are
permanently disabled child or children or siblings and/or dependent parents in
the family of the deceased Government servant and in accordance with rule 54,
there are no other eligible prior claimants to family pension except the
claimant, such disabled children or dependent parents or disabled siblings
shall be authorised by the Accounts Officer in the Pension Payment Order of the
claimant. Family pension will be payable in such cases by the pension
disbursing authority in the order and manner given in sub-rule (2) of rule 81.

Source: http://documents.doptcirculars.nic.in/D3/D03ppw/ppwe_240414.pdf

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