72. Payment of family pension and death-cum-retirement gratuity when a [self-drawing Government servant] [Rule 72 in the heading, for the words 'gazetted Government servant', the words 'self drawing Government servant' substituted - G.O.Ms.No. 118, Finance (Pension) Department, dated 14-03-1997.] dies white in service.
(1)Where the Head of Office has received an intimation about the death of a [self-drawing Government servant] [Rule 72 (1) including the Note thereto, for the words 'gazetted Government servant', occurring in two places, the words 'self drawing Government servant' respectively substituted - G.O.Ms.No. 118, Finance (Pension) Department, dated 14-03-1997.] while in service, he shall communicate the fact to the Audit Officer concerned.Note. - For the purpose of this rule, [self-drawing Government Servant] [Rule 72 (1) including the Note thereto, for the words 'gazetted Government servant', occurring in two places, the words 'self drawing Government servant' respectively substituted - G.O.Ms.No. 118, Finance (Pension) Department, dated 14-03-1997.] means who has drawn pay in the scale of pay the maximum of which exceeds Rs.1,000 and whose pay and allowances are not drawn in Establishment pay bill forms.(2)On receipt of the information communicated under sub-rule (1), the Audit Officer shall ascertain whether any death-cum- retirement gratuity or family pension or both is or are payable in respect of the deceased Government servant.(3)(a)Where the family of the deceased Government servant is eligible for the death-cum-retirement gratuity under rule 45, the Audit Officer shall ascertain.(i)if the deceased Government servant had nominated any person or persons to receive the gratuity; and(ii)if the deceased Government servant had not made any nomination or the nomination made does not subsist, die person or persons to whom the gratuity may be payable.(b)The Audit Officer shall then address the person concerned in Form 10 or Form 11, as may be appropriate, for making a claim in Form12.(4)Where the family of the deceased Government servant is eligible for the [***] [Rule 72(4) the word 'contributory' omitted - G.O.Ms.No.615, Finance (Pension) Department, dated 21-07-1995 with effect from 1st January 1979.] family pension under rule 49:-(a)the Audit Officer shall address the widow or widower in Form 13 for making a claim in Form 14 ; and(b)where the deceased Government servant is survived only by child or children, the guardian of such child or children may submit a claim in Form 14 to the Audit Officers:Provided that the guardian shall not be required to submit a claim in the said Form on behalf on the unmarried daughter if she has attained the age of eighteen years and such daughter may herself submit a claim in the said form.(5)(a)Where the family of the deceased Government servant is eligible for non-contributory family pension under rule 50, the Audit Officer shall ascertain-(i)if the deceased Government servant had nominated a member of his family to receive the payment of the non-contributory family pension; and(ii)where the deceased Government servant had not made any nomination or the nomination made does not subsist, the person to whom the non-contributory family pension may be payable.(b)The Audit Officer shall then address the person concerned in Form 15 or Form 16, as may be appropriate, for making a claim in Form 17.(6)(a)Notwithstanding anything contained in sub-rules (3) to (5), the Head of office shall furnish to the Audit Officer the following particulars, namely :-(i)Government dues recoverable out of the gratuity before payment is authorised that is to say-(A)contribution towards [***] [Rule 72(6)(a)(i)(A) the word 'contributory' omitted - G.O.Ms.No.6]5, Finance (Pension) Department, dated 21-07-1995 with effect from Is1 January 1979.] family pension, if applicable;(B)Government dues which have been ascertained and assessed;(ii)amount of gratuity to be held over for adjustment of Government dues which have not been assessed so far:(iii)the orders of the pension sanctioning authority in part III of Form 18;(iv)such other particulars including details of the family of the deceased Government servant for the purpose of obtaining claim, as the Audit Officer may require.Note - The amount of gratuity to be held over under sub-clause (ii) shall be determined in accordance with the provisions of clauses (b) and (c) of sub-rule (2) of rule 71.(b)If the orders of the pension sanctioning authority are not received by the Audit Officer within a month of the date of death of the Government servant he shall assume that lull death-cum-retirement gratuity and non-contributory family pension, if applicable have been sanctioned.(7)On receipt of the claim or claims, the Audit Officer shall complete Form 18 and finally assess the amount of death-cum-retirement gratuity or family pension or both.(8)If the family pension is payable in his circle of audit, the Audit Officer shall prepare the Pension Payment Order.(9)(a)The Audit Officer shall authorise, the payment of gratuity after adjusting the amount, if any, outstanding against the deceased Government servant.(b)The amount of gratuity held over under sub-clause (ii) of clause (a) of sub-rule (6) shall be adjusted by the Audit Officer against the Government dues ascertained and assessed subsequently and the balance, if any, shall be released to the claimant or claimants after the expiry of the period referred to in clause (a) of sub-rule (3) of rule 71.(c)If the gratuity is payable in his circle of audit, the Audit Officer shall prepare an order for its payment.(10)If the family pension and gratuity are payable in another circle of audit, the Audit Officer shall send the necessary payment authority to the Audit Officer of that circle who shall prepare the Pension Payment Order and order for the payment of gratuity.(11)The fact of the issue of the Pension Payment Order and order for the payment of gratuity shall be promptly reported to the pension sanctioning authority.(12)[ If a Government servant against whom disciplinary action is pending or is contemplated in respect of audit objections involving financial losses or other irregularities, dies before final orders are passed in the matter, the audit objections pending against the deceased servant shall be deemed to have been settled on the date of his death and disciplinaiy proceedings pending or contemplated shall, on the date of his death, be deemed to have been dropped. In such cases, Death-cum-Retirement Gratuity and other retirement benefits due to the family of the deceased Government servant shall not be withheld.] [Rule 72(12) added - G.O.Ms.No.900, Finance (Pension) Department, dated 04-12-1995 with effect from 25th March 1992]
