(1)The provisions of this rule shall apply to the Government servant who was in service on the 31st March 1964 and has specifically opted for the scheme of family pension (hereinafter referred to in this rule as non-contributory family pension) admissible under the Liberalised Pension Rules 1960.(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 Government may, in exceptional circumstances, grant such pension to the family of a Government servant who dies while in service after completion of not less than ten years qualifying service;Note. - A case shall be considered as "Exceptional" if the amount receivable by the family by way of Insurance, Provident Fund and Death-cum-Retirement Gratuity of the deceased Government servant together does not exceed 48 times the monthly pay of the officer at the time of his death.Provided further 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 on 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)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 of 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, the commuted part of the pension shall be deducted from the amount of non-contributory family pension:Provided that the amount of non-contributory family pension payable under clause (a) or clause (b) shall be subject to a maximum of one hundred and fifty rupees per month and a minimum of fifty rupees per month;Provided further that where the amount of non-contributory family pension is less than fifty rupees per month the difference shall be made good by the grant of further increase in the amount of non-contributory family pension.(4)No non-contributory family pension shall be payable under this rule-(a)to a person mentioned in clause (b) of sub-rule (5) without production of reasonable proof that such person was dependant 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 widowed female member of a Government servant family in the event of her re-marriage and(d)to a brother of a Government servant, on his attaining the age of eighteen years; and(e)a person who is not a member of a Government servant's family.(5)(a)Except as may be provided by nomination under sub-rule (6), the non-contributory family pension sanctioned under this rule shall be payable-(i)to the widow and if there are more widows than one, to the eldest surviving widow if the deceased was a male Government servant, or to die husband, if the deceased was a female Government servant.Note. - The expression "eldest surviving widow" shall be construed with reference to the seniority according to the date of the marriage 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 be 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 die age of eighteen years;(iv)foiling (i), (ii) and (iii) above, to foe eldest surviving unmarried sister;(v)failing the above, to the eldest surviving widowed sister.(6)(a)A Government servant, shall, on his confirmation in a service or post, make a nomination in Form 4 indicating the order in which a non-contributory family pension should be paid to the members of the family and, to the extent it is invalid, the non-contributory family pension shall be payable in accordance with such nomination.Provided that foe persons concerned satisfy the requirements of sub-rule (4) on the date from which such non-contributory pension may fall due.(b)In case the person concerned does not satisfy the requirements of sub-rule (4), 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 foe rule 48 shall apply in respect of nominations made under this sub-rule.(7)(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 bs payable on account of death or marriage of the recipient or other causes, it shall be regranted to the person next lower in the order mentioned in sub-rule (5) or to the person next lower in the order shown in the nomination made under sub-rule (6) as the case may be, who satisfied the other provisions of this rule.(8)A non-contributory family pension sanctioned under this rale shall be tenable in addition to any extraordinary pension or gratuity or compensation that may be granted to the members of Government servant family.(9)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.(10)For the purpose of this rule, the expression 'family' in relation to a Government servant means, the family as defined in clauses (I) to (VIII) of sub-rule 6 of 45.(11)Nothing contained in this rale 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.
