(4)Where gratuity is granted under rule 45 to a minor member of the family of the deceased Government Servant it shall payable to the guardian on behalf of the minor.Note. - (i) Where a non-valid nomination subsists-(a)when a share is payable to minor sons or minor unmarried daughters it shall be paid to the surviving parent except in the case when the surviving parent happens to be Muslim Lady. Where, however, there is no surviving parent or the surviving parent is a Muslim lady; payment shall be made to the persons producing the guardianship certificate.(b)When a share is payable to widowed minor daughters), production of a guardianship certificate will 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 the guardianship certificate.(d)When there are no surviving members of the family as in items (i),(ii), (iii) and (iv), of sub-rule (5) of rule 45, the death-cum-gratuity becomes payable to a minor brother or a minor unmarried sister, the payment shall be made to the father or in his absence, the mother of the beneficiary except in a case where the mother happens to be a Muslim lady. In this case too, if there is no surviving parent or the surviving parent happens to be a Muslim lady, the payment, shall be made to the persons producing the guardianship certificate. If any share is payable to a widowed minor sister, the production of guardianship certificate will be necessary.Note. - (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 under item (I) above will apply.(b)Where there is no family, the nomination in favour of an illegitimate child, a married daughter or a married sister will also be valid. The position will, therefore, be as follows:-(i)[***] [Rule 46(4) Note (ii)(b) '(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 will be necessary.' omitted -G.O.Ms,No.602, Finance (Pension) Department, dated 13-09-1996 with effect from 1st January 1979.](ii)If the share is payable to a married minor girl, the share will be payable to the husband. In case where payment of the minor(s) share of death-cum-retirement gratuity is to be made to the natural / legal guardian, in order to issue the necessary payment authority in his / her favour, the Accountant General, Tamil Nadu must know this fact as well as the name of the natural legal guardian. If the above information is not given in the sanction order, the Accountant General will have to make enquiries on this.Note. - (iii) Notwithstanding anything contained in the above notes payment of death-cum-retirement gratuity to the extent of [Rs. 10,000] [Rule 46(4) Note (iii) for the expressions 'Rs.5000', the expressions 'Rs. 10,000' in four places substituted - G.O.Ms.No.197, Finance (Pension) Department, dated 16-3-1995 with effect from 07-10-1989.] (for the first 2[Rs. 10,000] where the amount payable exceeds, 3[Rs. 10,000]) in favour of a minor may be made to his / her guardian, in the absence of a natural guardian, without the production of a guardianship certificate but subject to production of an indemnity bond with suitable sureties to the satisfaction of the sanctioning authority. The balance in excess of 2[Rs. 10,000], if any, would become payable on the production of a certificate of guardianship.It is essential, however, that there should be adequate prima facie grounds for making payment as stated above to the persons claiming it. Such ground can exist only if he is shown by sworn declaration to be a de facto guardian and his bonafides have been ascertained. Even if a guardian has not yet been appointed by the Court, if the minor and his property are in the custody of some person, such person, is in law a de facto guardian. The authorities making the payment should, therefore, require the person who comes forward to claim payment on behalf of the minor, to satisfy them by an affidavit that he is in-charge of the property of the minor and is looking after it or that if the minor has no property other than the gratuity the minor is in his custody and care. The affidavit so to be produced is in addition to the indemnity bond with suitable sureties.The Indemnity Bond shall be executed in Form 25. The stamp duty payable on the Indemnity bond has been remitted by the Government. The Bond should be executed on durable plain paper. It should be signed by the obligor and the surety / sureties or their respective Attorney appointed by Power of attorney. The Indemnity bond should be accepted by the Head of the Department on behalf of the Governor of Tamil Nadu. The obligor as well as the sureties should have attained majority so that the bond may have legal effect or force;
