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Union of India - Section

Section 49 in The Khadi And Village Industries Commission Employees (Pension) Regulations, 1984

49. Family pension.

(1)Where an employee of the Commission dies-
(a)after completion of one year of continuous service if the deceased employee concerned immediately prior to his appointment to the post was examined by the appropriate medical authority and declared fit by that authority for service under the Commission ; or
(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 other than the pension referred to in Regulation 34.
The family of the deceased shall be entitled to family pension, the amount of which shall be determined in accordance with the table below :
Payto the employee Amountof monthly family pension
(i)Below Rs. 400. 30%of pay subject to a minimum of Rs. 60/- and a maximum of Rs.100/-
(ii)Rs. 400 and above but Rs. 1200. 15%of pay subject to a minimum below of Rs. 100/- and maximum of Rs.160/-.
(iii)Rs. 1200 and above 12%of pay subject to a minimum of Rs. 160/- and maximum of Rs. 250/-
Explanation : The expression continuous one year service wherever it occurs in this regulations shall construed to include "less than one year of continuous service" as defined in clause (b).
(2)The amount of family pension shall be fixed of monthly rates and be expressed in whole rupees paid where the family pension contains a fraction of rupee, it shall be rounded off to next higher rupee.Provided that in no case a family pension in excess of the maximum prescribed under this regulation shall be allowed.
(3)
(a)
(i)Where an employee, who 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-regulation (1), whichever is less, and the amount so admissible shall be payable from the date following the date of death of employee for a period of seven years, or for a period upto the date on which the deceased employee would have attained the age of 65 years had he survived whichever is less.
(ii)In the event of death of an employee after retirement, the family pension as determined under sub-clause (i) shall be payable for a period of seven years, or for a period upto the date on which the retired deceased employee would have attained the age of sixty five years had he survived, whichever is less;
Provided that in no case the amount of family pension determined under sub-regulation (ii) of this clause shall exceed the pension authorised on retirement from the Commission service :Provided further that where the amount of pension authorised on retirement is less than the amount of family pension admissible under sub-regulation (1), the amount of family pension determined under this clause shall be limited to the amount of family pension admissible under sub-regulation (1).Explanation : For the purpose of this sub-clause pension authorised on retirement includes the part the pension which the retired employee may have camuted before death.
(b)After the expiry of the period referred to in clause (a), the family, in receipt of family pension under that clause shall be entitled to family pension at the rate admissible under sub-regulation (1).
(4)The period for which the family pension is payable shall be as follows :-
(i)In case of a widow or widower, upto date of death or remarriage, whichever is earlier;
(ii)in the case of a son, until he attains the age of 21 years; and
(iii)in the case of an unmarried daughter, until she attains the age of 24 years or until she gets married, whichever is earlier :
Provided that if the son or daughter of an employee of the Commission 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 21 years in the case of the son and 24 years in the case of the daughter the family pension shall be payable to such son or daughter for life subject to the following conditions, namely:
(i)if such son or daughter is one among two or more children of the employee, the family pension shall be initially payable to the minor children is the order set out in clause (iii) of sub-regulation (6) of this regulation until the last minor child attains the age of 21 or 24 or as the case may be, and thereafter the family pension shall be resumed in favour of the son or daughter suffering from disorder or disability of mind or who is physically crippled or disabled and shall be payable to him/her for life;
(ii)if there are more than one such son or 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 :
(a)firstly to the son, and if there are more than one son, the younger of them will get the family pension only after the life time of the elder;
(b)secondly, to the daughter, and if there are more than one daughter, the younger of them will get the family pension only after the life time of the elder;
(iii)the family pension shall be paid to such son or daughter through the guardian as if he or she were a minor;
(iv)before allowing the family pension for life to such son or daughter, the Commission shall satisfy that the handicap is of such a nature so as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a nominated medical authority setting out the exact mental or physical condition of the child;
(v)the person receiving the family pension as guardian of such son or daughter shall produce every three years a certificate from a nominated medical authority to the effect that he or she continues to suffer from Disorder, or disability of mind or continue to be physically crippled or disabled.
Explanation :
(a)Only that disability which menifests itself before the retirement or death of the employee while in service shall be taken into account for the purpose of grant of family pension under this sub-regulation.
(b)A daughter shall become ineligible for family pension under this sub-regulation 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 the guardian to furnish a certificate to the Chief Accounts Officer 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.
(5)
(a)
(i)Where the family pension is payable to more widows that one, the family pension shall be paid to the widows in equal shares.
(ii)On the death of a widow, her share of the 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 employee or pension is survived by a widow but has left behind eligible child or children 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 the death of the employee or pensioner.
(6)
(i)Except as provided in sub-regulation (5), the family pension shall not be payable to more than one member of the family at the same time :
(ii)If a deceased employee 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 some and unmarried daughters are alive, unmarried daughters shall not be eligible for family pension unless the son attains the age of 21 years and thereby become ineligible for the grant of family pension.
(7)Where a deceased employee or pensioner leaves behind more children than one the eldest eligible child shall be entitled to the family pension for the period mentioned in clause (ii) or clause (iii) of sub-regulation (4) as the case may be, and after the expiry of that period the next child shall become eligible for the grant of family pension.
(8)Where family pension is granted under this regulation to a minor, it shall be payable to the guardian on behalf of the minor.
(9)In case, both wife and husband are employee of the Commission and are governed by the provisions of this regulation 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 the wife, the surviving or children shall be granted the two family pension in respect of the deceased parents, subject to limit specified below, namely;
(a)
(i)If the surviving child or children is or eligible to draw two family pensions at rate mentioned in sub-regulation (3), amount of both the pensions shall be ted to five hundred rupees per reason.
(ii)If one of the family pensions ceases to payable at the rates mentioned in sub-section (3), and in view thereof the pension at the rate mentioned in sub-regulation becomes payable, the amount of both pensions, shall also be limited to five hundred rupees per mensem.
(b)If both the family pensions are payable the rate mentioned in sub-regulation the amount of two pensions shall be ted to two hundred and fifty rupees per mensem.
(10)Where a female employee or made employ dies leaving behind a judicially separated husband or widow and no child or children, the family pension in respect of the deceased shall be payable the person surviving.Provided that where in a case the judicial separation is granted on the ground of adultery and the death of the employee takes place during the period of such judicial separation, the family pension she not be payable to the person surviving if such person surviving was held guilty of committing adultery.
(11)
(a)Where a female employee or male employee dies leaving behind a judicially separated husband or widow with a child or children, the family pension payable in respect of the deceased shall be payable to the surviving person provided he or she the guardian of such child or children.
(b)Where a surviving person has ceased to be the guardian of such hold or children, such family pension shall be payable to the person who is the actual guardian of such child or children.
(12)
(a)If a person, who in the event of death of an employee while in service, is eligible to receive family pension under this regulation, is charged with the offence of murdering the employee 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.
(b)If on the conclusion of the criminal proceedings referred to in clause (a) the person concerned :
(i)is convicted for the murder or abetting in the murder of the employee of the Commission, 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 employee of the Commission.
(ii)is acquitted of the charge of murder or abetting is the murder of the employee of the commission the family pension, shall be payable to such a person from the date of death of the employee.
(a)The provision of clause (a) and clause (b) shall also apply for the family pension becoming payable on the death of an employee of the Commission after his retirement.
(13)
(a)
(i)As soon as an employee enters Commission's service, he shall give details of his family in Form 3 to the Head of Office.
(ii)If the employee has no family, he shall furnish retails in Form 3 as soon as he acquires a family.
(b)The employee shall communicate to the Head of Office any subsequent change in the size of his family, including the fact of marriage of his female child.
(c)
(i)The Head of Office shall, on receipt of the said Form 3, get it pasted on the service book of the employee concerned and acknowledge receipt of the said Form 3 and all further communication received from the employee in this behalf.
(ii)The Head of office on receipt of communication form the employee regarding any change in the size of the family shall have such a change incorporated in Form 3.
(14)The adhoc increase in pension, sanctioned from time to time, shall not payable to the family in respect of family pension under this regulation.
(15)For the purpose of this regulation
(a)'Continuous service" means service rendered in a temporary or permanent capacity in a pensionable Establishment of the Commission and does not include
(i)Period of suspension, if any, and
(ii)Period of service, if any rendered, before attaining the age of 18 years;
(b)"Family" in relation to an employee of the Commission.
(i)Wife in case of a male employee, or husband in case of a female employee, provided the marriage took place before retirement of the employee.
(ii)a judicially separated wife or husband such separation not being granted on the ground of adultery, provided the marriage took place before the retirement of the employee, and the person surviving was not held guilty of committing adultery.
(iii)son who has not attained the age of twenty one years and unmarried daughter who has no attained in the age of twenty four years, and including such son and daughter adopted legally before retirement but shall not include son or daughter born after the retirement.
(c)"Pay" means
(i)the emoluments as specified in Regulation 30, or,
(ii)the average emoluments as referred to in regulation 31 of the emoluments of the deceased employee of the commission have been reduced during the last 10 months of his service otherwise than as penalty;
Provided that the element of dearness allowance which has been treated as dearness pay by the commission shall not be treated as pay for the purpose of this regulation.