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[Cites 0, Cited by 0] [Section 47] [Entire Act]

State of Madhya Pradesh - Subsection

Section 47(3) in The M.P. Civil Services (Pension) Rules, 1976

(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).