74. Payment of provisional family pension anti death-cum-retirement gratuity when a [non-self drawing Government servant] [Rule 74 in the heading, for the words 'non-gazetted Government servant', the words 'non-self drawing Government servant' substituted - G.O.Ms.No. 118, Finance (Pension) Department, dated 14-03-1997.] dies while in service.
(1)Where the Head of office has received an intimation about the death of a [non-self drawing Government servant] [Rule 74 in the heading, for the words 'non-gazetted Government servant', the words 'non-self drawing Government servant' substituted - G.O.Ms.No. 118, Finance (Pension) Department, dated 14-03-1997.] while in service he shall ascertain whether any death-cum-retirement gratuity or family pension or both is or are payable in respect of the deceased Government servant.Note. - For the purposes of this rule and rule 75, the expression ['non-self drawing Government servant'] [Rule 74 (1) including the Note thereto, for the words 'non-gazetted Government servant', occurring in two places, the words 'non-self drawing Government servant' respectively substituted -G.O.Ms.No. 118, Finance (Pension) Department, dated 14-03-1997.] means, he who draws pay in the scale, the maximum of which is Rs. 1,000 and below and whose pay and allowances are drawn in Establishment pay bill forms.(2)(a)Where the family of the deceased Government servant is eligible for the death-cum-retirement gratuity under rule 45, the Head of office shall ascertain-(i)if the deceased Government servant had nominated any person or persons to receive the gratuity; and(ii)where 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. Who may submit a claim in Form 12.(3)Where the family of the deceased Government servant is eligible for the [***] [Rule 74(3) the word 'contributory' omitted - G.O.Ms.No.615, Finance (Pension) Department, dated 21-07-1995 with effect from 1st January 1979.] family pension under rule 49-(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 child or children, the guardian of such child or children 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 the unmarried daughter if she has attained the age of eighteen years and such daughter may herself submit a claim in the said Form.(4)(a)Where the family of the deceased Government servant is eligible for non-contributory family pension under rule 50, the Head of office shall ascertain-(i)if the deceased Government servant had nominated any member of his family to receive the payment of non-contributory family pension; and(ii)where the deceased Government servant had not made any nomination or the nomination made does not subsist the person to whom the non-contributory family pension may be payable.(b)the Head of office shall, then, address the person concerned in Form 15 or Form 16 as may be appropriate for making a claim in Form 17.(5)The Head of office shall furnish.to the Audit Officer the following particulars regarding the details of Government dues outstanding against the deceased Government servant, namely:-(a)Government dues recoverable out of that gratuity before payment is authorised that is to say-(i)contribution towards [***] [Rule 74(5)(a)(i) the word 'contributory' omitted - G.O.Ms.No.615, Finance (Pension) Department, dated 21-07-1995 with effect from 1st January 1979.] family pension if applicable'(ii)Government dues which have been ascertained and assessed.(b)amount of gratuity to be held over for adjustment of Government dues which have not been assessed so far.Note. - The amount of gratuity to be held over shall be determined in accordance with the provisions of clauses (b) and (c) or sub-rule (2) of rule 71.(6)(a)(i)On receipt of the claims, the Head of office shall complete Form 18 and certify in part III of that Form as to whether the character, conduct and past service of the deceased Government servant were such as to entitle the family to the favourable consideration of the pension sanctioning authority in the matter-of grant of death-cum-retirement gratuity and non-contributory family pension (if applicable).(ii)The Head of Office shall also record in part III of Form 18 his opinion as to whether the service claimed has been established and should be admitted or not.(iii)Where the Head of Office, is not the pension sanctioning authority, he shall obtain the orders of such authority in Form 18.(b)After completing Form 18, the Head of Office shall send that Form in original to the Audit Officer with a covering letter in Form 19 along with the Government servant's service book and service roll, if any, duly completed up to date and any other documents relied upon for the verification of the service claimed in such a manner that they can be conveniently consulted.(c)The Head of Office shall retain the copy of the aforesaid Form for his office record.(d)If the payment is desired in another circle of audit, Form 18 shall be sent in duplicate to the Audit Officer. 5[(6-A) (a) The Head of Office shall also prepare the calculation sheet of the deceased Government servant in quadruplicate in Form 27 and forward them to the Audit Officer, along with the documents specified in clause (b) of sub-rule (6) and the Audit Officer shall certify all the four copies.(b)The Audit Officer, while issuing the authorization, shall retain one copy of such calculation sheet for his office record and forward the remaining such three certified copies of that calculation sheet to each of the following persons, namely:-(i)The Family Pensioner;(ii)The Pension Disbursing Officer; and(iii)The Head of Office or Pension Sanctioning Authority, as the case may be.(c)The Head of Office or Pension Sanctioning Authority, as the case may be, on receipt of the calculation sheet from the Audit Officer, shall keep it in safe custody after making necessary entries in a Register to be maintained for the purpose with proper index.](7)After the documents referred to in [sub-rules (5), (6) and (6-A)] [Rule 74(7) far the expression 'sub-rules (5) and (6)' the expression 'sub-rules (5), (6) and (6-A)' substituted - G.O.Ms.No.845, Finance (Pension) Department, dated 11-10-1994 with effect from 12th May 1987.] have been sent to the Audit Officer concerned, the Head of Office shall draw provisional family pension not exceeding the maximum family pension and full gratuity as indicated in Part I of Form 18 and for this purpose adopt the following procedure, namely:-(a)he shall issue a sanction letter in favour of the claimant or claimants endorsing a copy thereof to the Audit Officer indicating the amount of provisional family pension and foil gratuity payable under these rules;(b)he shall indicate in the sanction letter the amount recoverable out of the gratuity under sub-rule (5);(c)after issue of the sanction letter, he shall draw-(i)the amount of provisional family pension; and(ii)the amount of foil gratuity after deducting therefrom the dues mentioned in clause (b) ; from the Treasury at which the pay and allowance of the establishment are drawn by him.(8)The Head of Office shall disburse the provisional family pension and gratuity to the claimant or claimants on or after the first day of the month following the month in which the Government servant died.(9)[ The payment of provisional family pension shall continue till final family pension is authorized by the Audit Officer provided there is a clear title as regards legal heirs.] [Rule 74(9) substituted - G.O.Ms.No.411, Finance (Pension) Department, dated 15-10-2001 with effect from 1st January 1979.](10)The Head of Office shall inform the Audit Officer-(a)as soon as the gratuity has been paid to the claimant or claimants; and(b)as soon as the provisional family pension has been paid for a period of twelve months, or for the period extended under the proviso to sub-rule (1) of rule 75, as the case may be.(11)If the claimant desires 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 through money order or bank draft at his cost.(12)[ If a Government servant against whom disciplinary action is pending or is contemplated in respect of audit objections involving financial losses or other irregularities, dies before final orders are passed in the matter, the audit objections pending against the deceased servant shall be deemed to have been settled on the date of his death and disciplinary proceedings pending or contemplated shall, on the date of his death, be deemed to have been dropped. In such cases, Death-cum-Retirement Gratuity and other retirement benefits due to the family of the deceased Government servant shall not be withheld.] [Rule 74(12) added - G.O.Ms.No.900, Finance (Pension) Department, dated 04-12-1995 with effect from 25th March 1992.]
