Section 70 in The M.P. Civil Services (Pension) Rules, 1976
70. Authorisation of final family pension and balance of gratuity in respect of a deceased non-gazetted Government servant referred to in Rule 69.
(1)On receipt of the documents referred to in sub-rules (5) and (6) of Rule 69 the Audit Officer shall within a period of six months from the date of death of the [xxx] [Omitted by Notification No. FB-6-1-77-N-II-IV, dated 1-2-1977 (w.e.f. 1-8-1976).] Government servant, apply the requisite checks, record his audit enfacement on Section 1 of Part IV of Form 17 and assess the amount of final family pension and gratuity :Provided that if the Audit Officer is, for any reason, unable to assess the amount within the period aforesaid, he shall communicate the fact to the Head of Office.(2)(a)If the family pension is payable in his circle of audit, the Audit Officer shall prepare the Pension Payment Order.(b)The payment of family pension shall be effective from the date following the date on which the Government servant died.(c)Amount of anticipatory family pension, if any, in respect of the period for which family pension was drawn and disbursed by the Head of Office shall be intimated by the Head of Office to the Treasury Officer concerned and adjusted by him from the final payment of such family pension.(3)(a)The Audit Officer shall authorise the payment of the gratuity after adjusting the amount, if any, outstanding against the deceased Government servant including the amount of gratuity paid by Head of Office as anticipatory gratuity.(b)The amount of gratuity held over under sub-rule (5) of Rule 69 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 66.(c)If the gratuity is payable in his circle of audit the Audit Officer shall prepare and issue order for its payment.(4)The fact of the issue of the Pension Payment Order and order for payment of the gratuity shall be promptly reported to the claimant and Head of Office and the documents which are no longer required shall be returned to him.(5)The Audit Officer may authorise the payment of gratuity even during the period of the currency of anticipatory family pension :Provided that the amount of gratuity has been finally assessed and no recovery of Government dues is outstanding against the deceased Government servant.(6)If the final family pension and the gratuity are payable in another circle of audit, the Audit Officer shall send a copy of Form 17 along with the audit enfacement and the last pay certificate, if received, to the Audit Officer of that circle who shall prepare Pension Payment Order and order for the payment of gratuity :Provided that the adjustment of anticipatory family pension and gratuity drawn and disbursed by the Head of Office shall be made by the Audit Officer in whose circle the provisional payments were made.(7)If the amount of anticipatory family pension drawn and disbursed by the Head of Office is found to be in excess of the final family pension assessed by the Audit Officer, it shall be open to the Audit Officer to adjust the excess amount out of the gratuity, if any, or recover the excess amount by short payments of family pension payable in future.(8)If the amount of gratuity disbursed by the Head of Office proves to be larger than the amount finally assessed by the Audit Officer, the gratuitant shall not be required to refund the excess.
