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State of Madhya Pradesh - Section

Section 47 in The M.P. Civil Services (Pension) Rules, 1976

47. Contributory family pension.

(1)The provisions of this rule shall apply :
(a)to a Government servant entering service in a pensionable establishment on or after 1st April, 1966; and
(b)to a Government servant who was in service on 31st March, 1966 and came to be governed by the provisions of the Family Pension Scheme for State Government Employees, 1966 contained in Government of Madhya Pradesh Finance Department Memo No. 1963/C.R. 903-IV-R.II, dated 17th August, 1966 as in force immediately before the commencement of these rules.
(2)[Without prejudice] [Substituted by Notification No. 25-9-96-PWC-IV, dated 28-9-1996 (w.e.f. 31-3-1979).] to the provisions contained in sub-rule (3), where a Government servant dies-
(a)[ while in service provided he had been medically examined and found fit for appointment under the Government.] [Substituted by Notification No. FB-6-I-79-N-II-IV, dated 2-8-79 (w.e.f. 2-8-1979).]
(b)after retirement from service and was on the date of death in receipt of a pension or compassionate allowance, referred to in Chapter V [x x x] [The words and figures, 'other than the pension referred to in Rule 34', omitted by Notification No. 25-18-97-PWC-IV, dated 28th November, 1997; (w.e.f. 20-5-1997).] on the date of death,
the family of the deceased shall be entitled to a contributory family pension (hereinafter in this rule referred to as Family Pension) the amount of which shall be determined as follows :-
  Pay of Government servant Amount of monthly family pension
  (1) (2)
(i) Below Rs. 400. 30 per cent of pay subject to a minimum of Rs. 60 and amaximum of Rs. 100.
(ii) Rs. 400 and above but not exceeding Rs. 1200. 15 per cent of pay subject to a minimum of Rs. 100 and amaximum of Rs. 160.
(iii) Above Rs. 1200. 12 per cent of pay subject to a minimum of Rs. 160 and amaximum of Rs. 250.
(2A)The amount of family pension shall be fixed at monthly fates and be expressed in whole rupees and where the family pension contains a fraction of a rupee it shall be rounded off to next higher rupee provided that in no case family pension in excess of the maximum [prescribed] [Substituted by Notification No. FB-6-1-77-R-II-IV, dated 2-5-77 (w.e.f. 8-7-1977).] under this rule shall be allowed.
(3)
(a)[Where a Government servant] [Substituted by Notification No. B-25-9-96-PWC-IV, dated 18-10-1996 (w.e.f. 1-1-1986).], who is not governed by the Workman's Compensation Act, 1923 (No. 8 of 1923), dies while in service after having rendered not less than seven years continuous service, the rate of family pension payable to the family shall be equal to 50 per cent of the pay last drawn or twice the family pension admissible under sub-rule (2), whichever is less, and the amount so admissible shall be payable from the date following the date of death of the Government servant :-
(i)for a period of seven years; or
(ii)up to the date on which the deceased Government servant would have attained the age of 65 years had he survived, whichever period is less.
(b)[Where a Government servant] [Substituted by Notification No. B-25-9-96-PWC-IV, dated 18-10-1996 (w.e.f. 1-1-1986).] who is not governed by the Workmen's Compensation Act, 1923 (No. 8 of 1923) dies after retirement after having rendered not less than seven years continuous service, the rate of family pension payable to the family shall be equal to 50 per cent of the pay last drawn by the pensioner before retirement or twice the family pension admissible under sub-rule (2), whichever is less, and the amount so admissible shall be payable from the date following the date of death of the pensioner :-
(i)for a period of seven years; or
(ii)till the date on which the pensioner would have reached the age of 65 years had he remained alive, whichever period is shorter :
Provided that the amount of family pension shall not exceed the pension sanctioned to the Government servant at the time of retirement. In cases where the amount of family pension as admissible under clause (b) of sub-rule (2) of this rule exceeds the pension sanctioned at the time of retirement, the amount of family pension sanctioned under this sub-rule shall not be less than that amount. The term 'pension sanctioned at the time of retirement' shall mean 'the pension inclusive of the part of the pension which the retired Government servant may have commuted before death.'
(c)
(i)Where a Government servant who is governed by the Workmen's Compensation Act, 1923 (No. 8 of 1923) dies while in service after having rendered not less than seven years continuous service, the rate of family pension payable to the family shall be equal to 50 per cent of the pay last drawn or one and a half times the family pension admissible under sub-rule (2) whichever is less.
(ii)Where a Government servant who is governed by the Workmen's Compensation Act, 1923 (No. 8 of 1923) dies after retirement after having rendered not less than seven years continuous service, the rate of family pension payable to the family shall be equal to 50 per cent of pay last drawn by the Government servant or one and half times the family pension admissible under sub-rule (2), whichever is less.
(iii)The family pension so determined under sub-clause (i) or (ii) shall be payable for the period mentioned in clause (a) or clause (b) as the case may be :
Provided that where a compensation is not payable under the aforesaid Act, the Head of Office shall issue a certificate to the Audit Officer to the effect that the family of the deceased Government servant is not eligible for any compensation under the aforesaid Act and the family shall be paid family pension on the scale and for the period mentioned in clause (a).
(d)After the expiry of the period referred to in clause (a) or (b), the family, in receipt of family pension under those clauses or clause (c), shall be entitled to family pension at the rate admissible under sub-rule (2).
(4)Families of Government servants who die as a result of the "Risk of Office" or "Special Risk of Office", as defined under Madhya Pradesh Civil Services (Extraordinary Pension) Rules, 1963 will not be eligible to the benefits of family pension under this rule. Similarly the family of the Government servant entitled to extraordinary pension benefits under Madhya Pradesh (Police Personnel Extraordinary Family Pension) Rules, 1965, will not be entitled to the benefits of family pension under this rule.
(5)[ * * *] [Omitted by Notification No. B-25-9-96-PWC-IV, dated 28-9-1996 (w.e.f. 31-3-1979).]
(6)The period for which family pension is payable shall be as follows:-
(i)in the case of a widow or widower, up to the date of death or remarriage whichever is earlier;
(ii)in the case of a son, until he attains the age of [21] [Substituted by Notification No. FB-6-1-79-N-II-IV, dated 26-10-79 (w.e.f. 1-4-1979).], years; and
(iii)in the case of an unmarried daughter, until she attains the age of [24] [Substituted by Notification No. FB-6-1-79-N-II-IV, dated 26-10-79 (w.e.f. 1-4-1979).] years or until she gets married, whichever is earlier :
Provided that if the son or unmarried daughter of a Government servant is suffering from any disorder or disability of mind or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of [25 years] [Substituted by Notification No. B-25-18-95-PWC-IV, dated 22-6-96 (w.e.f. 9-11-1994).] the family pension shall be payable to such son or unmarried daughter for life subject to the following conditions, namely :-
(a)If such son or unmarried daughter is one among two or more children of the Government servant, the family pension shall be initially payable to the minor children in the order set out in sub-rule (6) of this rule until the last minor child attains the age of [25 years] [Substituted by Notification No. B-25-18-95-PWC-IV, dated 22-6-96 (w.e.f. 9-11-1994).], as the case may be, and thereafter the Family Pension shall be resumed in favour of the son or unmarried daughter suffering from disorder or disability of mind or who is physically crippled or disabled and shall be payable to him/her for life.
(b)If there are more than one such son or unmarried daughter suffering from disorder or disability of mind or who are physically crippled or disabled, the family pension shall be paid in the following order, namely :-
(i)Firstly to the son, and if there are more than one son, the younger of them will get the family pension only after the lifetime of the elder;
(ii)Secondly, to the unmarried daughter, and if there are more than one unmarried daughters, the younger of them will get the family pension only after the lifetime of the elder;
(iii)The family pension shall be paid to such son or unmarried daughter through the guardian as if he or she was a minor;
(iv)Before allowing the family pension for life to any such son or unmarried daughter, the sanctioning authority shall satisfy that the handicap is of such a nature as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a medical officer not below the rank of a Civil Surgeon setting out, as far as possible, the exact mental or physical condition of the child;
(v)The person receiving the family pension as guardian of such son or unmarried daughter shall produce [every five years] [Substituted by Notification No. FB-6-2-83-R-II-IV, dated 12-4-83 (w.e.f. 19-8-1983).] a certificate from a medical officer not below the rank of Civil Surgeon to the effect that he or she continues to suffer from disorder or disability of mind or continues to be physically crippled or disabled.
[Explanation. - (a) Only that disability which manifests itself before the retirement or death of the Government servant while in service shall be taken into account for the purpose of grant of family pension under this sub-rule.
(b)A daughter shall become ineligible for family pension under this sub-rule from the date she gets married.
(c)The family pension payable to such a son or daughter shall be stopped if he or she starts earning his/her livelihood.
(d)In such cases it shall be the duty of guardian to furnish a certificate to the Treasury or Bank, as the case may be, every month that (i) he or she has not started earning his/her livelihood; (ii) in case of daughter, that she has not yet married.]
(7)
(a)
(i)Where the family pension is payable to more widows than one, the family pension shall be paid to the widows in equal shares.
(ii)On the death of a widow, her share of family pension shall become payable to her eligible child :
Provided that if the widow is not survived by any child, her share of the family pension shall cease to be payable.
(b)Where the deceased Government servant or pensioner is survived from another wife who is not alive, the eligible child or children shall be entitled to the share of family pension which the mother would have received if she had been alive at the time of death of Government servant or pensioner.
(c)Where a female Government servant is survived by a husband and an eligible minor child from the first husband the family pension will be paid to both in equal shares. In the absence of the second husband, share of his pension will be paid to his eligible minor child from deceased female Government servant.
(8)
(i)Except as provided in sub-rule (7) the family pension shall not be payable to more than one member of the family at the same time.
(ii)If a deceased Government servant or pensioner leaves behind a widow or widower, the family pension shall become payable to the widow or widower, failing which to the eligible child.
(iii)If sons and unmarried daughters are alive, unmarried daughters shall not be eligible for family pension unless the sons attain the age of [25 years] [Substituted by Notification No. B-25-18-9S-PWC-IV, dated 22-6-1996 (w.e.f. 9-11-1994).] and thereby become ineligible for the grant of family pension.
(9)Where a deceased Government servant or pensioner leaves behind more children than one eldest eligible child shall be entitled to the family pension for the period mentioned in clause (ii) or clause (iii) of sub-rule (6) as the case may be, and after the expiry of that period the next child shall become eligible for the grant of family pension.
(10)Where family pension is granted under this rule to a minor, [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)In case both wife and husband are Government servants and are governed by the provisions of this rule and one of them dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of the death of the husband or wife, the surviving child or children shall be granted two family pensions in respect of the deceased parents subject to the limits specified below, namely :-
(a)
(i)If the surviving child or children is or are eligible to draw two family pensions at the rate mentioned in sub-rule (3), the amount of both the pensions shall be limited to Rs. 500 (five hundred rupees) per mensem.
(ii)If one of the family pension ceases to be payable at the rate mentioned in sub-rule (3), in lieu thereof the pension at the rate mentioned in sub-rule (2) become payable, the amount of both the pensions shall also be limited to five hundred rupees per mensem;
(b)If both the family pensions are payable at the rate mentioned in sub-rule (2), the amount of two pensions shall be limited to two hundred and fifty rupees per mensem;
(c)[ (i) If a person, who in the event of death of Government servant while in service, is eligible to receive family pension under this rule, is charged with the offence of murdering the Government servant or for abetting in the commission of such an offence, the claim of such a person, including other eligible member or members of the family to receive the family pension, shall remain suspended till the conclusion of the criminal proceedings instituted against him. [Inserted by Notification No. FB-6-7-81-R-II-IV, dated 10-6-81 (w.e.f. 24-7-1981).]
(ii)If on the conclusion of the criminal proceedings referred to in sub-clause (i) the person concerned :-
(a)is convicted for the murder or, abetting in the murder of the Government servant, such a person shall be debarred from receiving the family pension which shall be payable to other eligible member of the family, from the date of death of the Government servant;
(b)is acquitted of the charge of murder or abetting in the murder of the Government servant, the family pension, shall be payable to such person from the date of death of the Government servant.
(iii)The provisions of sub-clause (i) and sub-clause (ii) shall also apply to the family pension becoming payable on the death of a Government servant after his retirement.]
(12)
(a)
(i)As soon as a Government servant has completed one year's continuous service, he shall give details of his family in Form 3 [x x x] [Omitted by Notification No. FB-6-1-77-N-II-IV, dated 1-2-77 (w.e.f. 1-8-1976).] to the Head of Office.
[x x x] [Omitted by Notification No. FB-6-1-77-N-II-IV, dated 1-2-77 (w.e.f. 1-8-1976).]
(ii)If the Government servant has no family he shall furnish the details in Form 3 as soon as he acquires a family.
(b)The Government servant shall communicate to [x x x] [Omitted by Notification No. FB-6-1-77-N-II-IV, dated 1-2-77 (w.e.f. 1-8-1976).] the Head of Office, [x x x] [Omitted by Notification No. FB-6-1-77-N-II-IV, dated 1-2-77 (w.e.f. 1-8-1976).] any subsequent change in the size of his family, including the fact of marriage of his female child.
(c)[x x x] [Omitted by Notification No. FB-6-1-77-N-II-IV, dated 1-2-77 (w.e.f. 1-8-1976).]
(d)The Head of Office shall, on receipt of the said Form 3 paste it in the service book of the Government servant concerned and acknowledge receipt of the said Form 3 and all further communication received from the Government servant in this behalf.
(e)The [x x x] [Omitted by Notification No. FB-6-1-77-N-II-IV, dated 1-2-77 (w.e.f. 1-8-1976).] Head of Office, [x x x] [Omitted by Notification No. FB-6-1-77-N-II-IV, dated 1-2-77 (w.e.f. 1-8-1976).] on receipt of the communication from the Government servant regarding any change in the size of family shall incorporate such change in Form 3.
(13)The ad hoc increase in pension, sanctioned under Finance Department Memorandum No. 1294/R-1508/IV-R-H, dated the 21st May, 1965 as amended from time to time and ad hoc relief sanctioned under Finance Department Memorandum No. B-6-21-74-R-II-IV, dated the 22nd May, 1975 shall not be admissible on the family pension granted under this rule.
(14)For the purpose of this rule-
(a)"continuous service" means all periods from the date of entry into pensionable service which counts for pension/gratuity admissible to the Government servant under these rules.
(b)"family" in relation to tire Government servant means-
(i)[ * * *] [Omitted by Notification No. FB-6-1 -77-N-II-IV, dated 1-2-77 (w.e.f. 1-8-1976).]
(ii)[ son or an unmarried or widowed or divorced daughter till such son or daughter attains the age of twenty five years or upto the date of his/her marriage/remarriage as the case may be, whichever is earlier, subject to the income criteria as prescribed by the State Government from time, to time including such son or daughter adopted legally before retirement.] [[Substituted by Notification No. F. 25/145/2001/IV/PWC, dated 22-1-2002 (w.e.f. 1-1-1998), old Sub-clause (ii) runs as under-
'Son or an unmarried or widowed or divorced daughter till such son or daughter attains the age of twenty five years or up to the date of his/her marriage/remarriage as the case may be, whichever is earlier, subject to the income criteria as prescribed by the State Government from time to time.']]
(iii)the parents, provided they were wholly dependent on the Government servant when he she was alive and the deceased employee had left behind neither a widow nor a child subject to the dependency criteria as prescribed by the State Government from time to time;
(iv)son, unmarried or widowed or divorced daughter and parents, as the case may be, shall provide an annual Certificate of income/dependency Criteria as fixed by the State Government from time to time.]
[x x x] [Omitted by Notification No. G. 25-24-95-IV, dated 21-7-95 (w.e.f. 11-8-1995).][Note 1. [Inserted by Notification No. B-6-1-92-PWC-IV, dated 29-6-96 (w.e.f. 21-8-1995).] - A posthumous child shall be entitled to family pension.Note 2. - The application for inclusion of post-retiral spouse and child born out of the marriage after retirement of Government servant shall be made in Form 30.]
(c)"pay" means the emoluments as specified in Rule 30.
(15)Nothing contained in this rule shall apply to-
(a)a re-employed Government servant who had retired before 1st April, 1966 from-
(i)civil service on retiring pension or superannuation pension, or
(ii)military service on retiring pension, service pension or invalid pension and who on the date of re-employment, had attained the age of superannuation applicable to the post in which he is re-employed;
(b)a military pensioner who has retired from military service on or after the 1st April, 1966, or retires from such service after the commencement of these rules, on retiring pension, service pension or invalid pension, and is re-employed in a civil service or post before attaining the age of superannuation.
(c)[x x x] [Omitted by Notification No. 25-18-97-PWC-IV, dated 28-11-1997, (w.e.f. 20-5-1997).]