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[Cites 0, Cited by 0] [Section 49] [Entire Act]

Union of India - Subsection

Section 49(4) in The Khadi And Village Industries Commission Employees (Pension) Regulations, 1984

(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.