Section 45 in The M.P. Civil Services (Pension) Rules, 1976
45. Persons to whom gratuity is payable.
(1)(a)The gratuity payable under clause (b) of sub-rule (1) or sub-rule (2) of Rule 44 shall be paid to the person or persons on whom the right to receive the gratuity is conferred by means of a nomination under Rule 46.(b)If there is no such nomination or if the nomination made does not subsist, the gratuity shall be paid to the legal heirs of the Government servant.Note. - Payment of death-cum-retirement gratuity claimed on behalf of deceased Government servant or on behalf of a Government servant who died after retirement, without executing a nomination or nomination made does not subsist at the time the gratuity becomes payable, may be made up to the extent of rupees ten thousand under the orders of the Head of Office on the execution of an indemnity bond with such sureties of suitable permanent Government servants in Form 24, as he may require, without insisting on the production of usual legal authority, if he is satisfied of the right and title of the claimant. In any case of doubt payment shall be made only to the person producing usual legal authority.(2)If a Government servant dies after retirement without receiving the gratuity admissible under clause (a) of sub-rule (1) of Rule 44 the gratuity shall be disbursed to the legal heirs in the manner indicated in clause (b) of sub-rule (1).(3)The right of female member of a family, or that of brother, of a Government servant who dies while in service or after retirement, to receive the share of gratuity shall not be affected if the female member marries or remarries, or the brother attains the age of eighteen years, after the death of the Government servant and before receiving her or his share of gratuity.(4)Where gratuity is granted under Rule 44 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 in a particular case, in the opinion of the Head of the office of the concerned administrative department it is not possible to get a suitable guardian or it is objected by a minor to make payment of gratuity to the guardian, the amount of gratuity shall be deposited in the saving bank account in the post office which will be operatable jointly by Collector and District Treasury Officer and necessary amount shall be made available from time to time to the minor for his education/treatment etc. The saving bank account shall be closed after making the payment of the whole of the balance amount to the minor when he attains majority.] [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'.]Note. - In the case where payment of minors' share of death-cum-retirement gratuity is to be made to the natural guardian of minor(s), or in the absence of a natural guardian of minor(s), to the person who furnishes a guardianship certificate, the name of the natural/legal guardian should be given in the sanction order itself to bring in the knowledge of the Accountant General the names of the persons to whom the payment is to be made, before any authority is issued by him in such cases.Explanation. - The legal position as to whom the share of minor in the capacity of minor's natural/legal guardian would be payable is explained below :-(i)Where no valid nomination subsists. - (a) When a share is payable to minor sons or minor unmarried daughters, it should be paid to the surviving parent except in the case when the surviving parent happens to be a Muslim lady, or a step mother. Where, however, there is no surviving parent or the surviving parent is a Muslim lady/step mother, payment will have to be made to the person producing the guardianship certificate.(b)When a share is payable to widowed minor daughter(s) production of a guardianship certificate would be necessary.(c)If in a rare case the wife herself happens to be a minor, the death-cum-retirement gratuity payable to her shall be paid to the person producing a guardianship certificate.(d)When the death-cum-retirement gratuity becomes payable to a minor brother or minor unmarried sister, the payment should be made to the father or, in his absence to the mother of the beneficiary except in case where the mother happens to be a Muslim lady or a step mother. In this case, too, if there is no surviving parent or the surviving parent happens to be a Muslim lady or a step mother, the payment will have to be made to the person producing the guardianship certificate. If any share is payable to a widowed minor sister, the production of guardianship certificate would be necessary.(ii)Where a valid nomination subsists. - (a) Where the nomination is in respect of one or more of the members of the family, the position stated against para (i) would apply.(b)Where there is no family, the nomination in favour of an illegitimate child, a married daughter or a married sister would also be valid. The position would, therefore, be as follows,-(i)If the nominee is an illegitimate child, share will be payable to the mother, and, in her absence the production of a guardianship certificate would be necessary.(ii)If the share is payable to a married minor girl, the share will be payable to her husband and if such girl is a Muslim, the amount should be paid to a person who produces a certificate of guardianship.Note. - When there is no surviving parent of the minor(s) or the surviving parent is a Muslim lady or a step mother, inconvenience and hardship may be caused in producing a guardianship certificate. In such cases the payment of death-cum-retirement gratuity to the extent of Rs. 5,000 (or first Rs. 5,000 when the amount payable exceeds Rs. 5,000) in favour of a minor may be made to his/her de facto guardian having the custody of the person of the minor(s) and his/her property on production of an affidavit in this behalf and subject to the production of an indemnity bond in Form No. 23 on plain paper (stamp duty will be borne by State Government) with two sureties to the satisfaction of the sanctioning authorities. The balance in excess of Rs. 5,000 if any, would become payable only on the production of a certificate of guardianship.
