Section 48 in The M.P. Civil Services (Pension) Rules, 1976
48. Non-contributory family pension.
(1)The provisions of this rule shall apply to a Government servant who was in service on the 31st March, 1966 and had specifically opted for the scheme of family pension (hereinafter in this rule referred to as non-contributory family pension) as in force immediately before commencement of the Family Pension Scheme, 1966 (Contributory Family Pension).(2)A non-contributory family pension shall be granted for a period not exceeding ten years to the family of a Government servant who dies while in service after completion of not less than twenty years qualifying service :Provided that the period of payment shall, in no case, extend beyond a period of five years from the date on which the Government servant would have retired in the normal course of superannuation pension.Explanation. - Where a Government servant dies while on extension of service, the date up to which extension of service had been granted to him before his death shall be construed as the date on which the Government servant would have retired on superannuation pension:(3)A Government servant who at the time of his retirement had rendered qualifying service of not less than 20 years and dies within five years of the date of his retirement, a non-contributory family pension shall be granted to his family for the unexpired portion of 5 years from the date of his retirement.(4)(a)The amount of non-contributory family pension payable under sub-rule (2) shall be one-half of the superannuation pension which would have been admissible to the Government servant had he retired on the date following the date of his death.(b)The amount of non-contributory family pension payable under sub-rule (3) shall be one half of the pension sanctioned to the Government servant at the time of his retirement and if the pensioner had, before his death, commuted a part of his pension it shall be deducted from the amount of non-contributory family pension :Provided that the amount of non-contributory family pension shall be subject to a maximum of one hundred and fifty rupees per month and a minimum of forty rupees per month :Provided further that where the amount of non-contributory family pension (calculated after taking into account, the ad hoc increase, if admissible sanctioned in the Government of Madhya Pradesh, Finance Department Memo No. 1069-IV-R-II-70, dated the 29th April, 1970 as amended from time to time) is less than forty rupees per month, the difference shall be made good by the grant of further increase in the amount of non-contributory family pension.(5)No non-contributory family pension shall be payable under this rule-(a)to a person mentioned in clause (b) of sub-rule (6) without production of reasonable proof that such person was dependent on the deceased Government servant for support;(b)to an unmarried female member of a Government servant's family in the event of her marriage;(c)to a widow female member of a Government servant's family in the event of her re-marriage;(d)to a brother of a Government servant, on his attaining the age of eighteen years; and(e)to a person who is not a member of a Government servant's family.(6)(a)Except as may be provided by nomination under sub-rule (7) the non-contributory family pension sanctioned under this rule shall be payable-(i)to the widow, and if there are more widows that one, to the eldest surviving widow, if the deceased was a male Government servant.Explanation. - The expression "eldest surviving widow" shall be construed with reference to the seniority according to the date of marriages of the surviving widows and not with reference to their age;(ii)failing a widow or husband as the case may be, to the eldest surviving son;(iii)failing (i) and (ii) above, to the eldest surviving unmarried daughter;(iv)failing the above, to the eldest surviving widowed daughter.(b)If there are no surviving members of the family as in clause (a), the non-contributory family pension may be granted :-(i)to the father;(ii)failing (i) above to the mother;(iii)failing (i) and (ii) above, to the eldest surviving brother below the age of 18 years;(iv)failing (i), (ii) and (iii) above, to the eldest surviving unmarried sister;(v)failing the above, to the eldest surviving widowed sisters.(7)(a)A Government servant shall at any time before completion of twenty years qualifying service make a nomination in Form 4 indicating the order in which a non-contributory family pension should be paid to the members of his family and, to the extent it is valid, the non-contributory family pension shall be payable in accordance with such nomination :Provided that the person concerned satisfy the requirement of sub-rule v5) on the date from which such non-contributory pension may fall due.(b)In case person concerned does not satisfy the requirements of sub-rule (5), the non-contributory family pension shall be granted to the person next lower in the order shown in the nomination.(c)The provisions of sub-rules (5), (7) and (8) of Rule 46 shall apply in respect of nominations made under this sub-rule.(8)(a)A non-contributory family pension granted under this rule shall not be payable to more than one member of a Government servant's family at the same time.(b)If the non-contributory family pension granted under this rule ceases to be payable on account of death or marriage of the recipient or other causes it shall be re-granted to the person next lower in the order mentioned in sub-rule (6) or to the person next lower in order shown in the nomination made under sub-rule (7) as the case may be, who satisfies the other provision of this rule.(9)A non-contributory family pension sanctioned under this rule shall be tenable in addition to any extraordinary pension or gratuity or compensation that may be granted to the members of a Government servant's family.(10)Where non-contributory family pension is granted under this rule to a minor member of the family of the deceased Government servant, [it shall be payable to the guardian on behalf of the minor :Provided that if the payment of Family Pension is objected by the minor or if it is expressed by the head of office of concerned department that it is not possible to get a suitable guardian the amount of family pension of the minor shall be deposited in the saving bank account in the post office every month till he attains majority. The saving bank account shall be operated jointly by Collector and District Treasury Officer and from this account certain amount shall be disbursed every month to the minor for his education and livelihood. But disbursed amount under no circumstances shall be more than the amount of family pension payable every month. The whole of the balance amount of saving bank account shall be paid to the minor family pensioner when he attains majority and saving bank account shall be closed.] [Substituted by Notification No. F. 25-238-2000-IV-PWC, dated 20-12-2001, Published in M.P. Rajpatra, Part IV (Ga), dated 18-1-2002 at p. 7 for the words 'it shall be payable to the Guardian on behalf of the Minor'.](11)For the purposes of this rule, the expression "family" in relation to a Government servant means, the family as defined in clauses (i) to (xi) of sub-rule (5) of Rule 44.(12)Nothing contained in this rule shall apply to a Government servant who, on absorption in a service or post in or under a corporation or company wholly or substantially owned or controlled by the Government, or any other body, incorporated or not, is sanctioned pension under Rule 34.
