Section 69 in The M.P. Civil Services (Pension) Rules, 1976
69. [Payment of family pension and anticipatory family pension and death-cum-retirement gratuity when a Government servant dies when in service.] [Substituted by Notification No. FB-6-1-77-N-II-IV, dated 1-2-1977 (w.e.f. 1-8-1976).]
- Where the Head of Office has received an intimation about the death of a [x x x] [Omitted by Notification No. FB-6-1-77-N-II-IV, dated 1-2-1977 (w.e.f. 1-8-1976).] Government servant while in service, he shall ascertain whether any death-cum-retirement gratuity or family pension or both is or are payable in respect of the deceased Government servant.[x x x] [Omitted by Notification No. FB-6-1-77-N-II-IV, dated 1-2-1977 (w.e.f. 1-8-1976).](2)(a)Where the death-cum-retirement gratuity under Rule 44, is payable the Head of Office shall ascertain :-(i)If the deceased Government servant had nominated any person or persons to receive the gratuity; and(ii)Where the deceased Government servant had not made any nomination or the nomination made does not subsist, the person or persons to whom the gratuity may be payable.(b)The Head of Office shall, then address the person concerned in Form 9 or Form 10 as may be appropriate who may submit a claim in Form 11.(3)Where the family of the deceased Government servant is eligible for the contributory family pension under Rule 47,-(a)the Head of Office shall address the widow or widower in Form 12 for making a claim in Form 13; 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 13 to the Head of Office :Provided that the guardian shall not be required to submit a claim in the said Form on behalf of the unmarried daughter if she has attained the age of eighteen years and such daughter may herself submit a claim in the said Form 13.(4)(a)Where the family of the deceased Government servant is eligible for non-contributory family pension under Rule 48 the Head of Office shall ascertain,-(i)if the deceased Government servant had nominated any member of his family to receive the payment of 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 Head of Office shall, then, address the person concerned in Form 14 or Form 15 as may be appropriate for making a claim in Form 16.(5)The Head of Office shall furnish to the Audit Officer the following particulars regarding the details of Government dues outstanding against the deceased Government servant namely :-(a)Government dues recoverable out of the gratuity before payment is authorised, that is to say :-(i)contribution towards contributory family pension, if applicable;(ii)Government dues which have been ascertained and assessed;(b)Amount of gratuity to be held over for adjustment of Government dues which have not been assessed so far.Note. - The amount of gratuity to be held over shall be determined in accordance with the provisions of clauses (b) and (c) of sub-rule (2) of Rule 66.[x x x] [Omitted by Notification No. FB-6-1-77-N-II-IV, dated 10-5-1977 (w.e.f. 29-7-1977).](a)[] [Renumbered by Notification No. FB-6-1-77-N-II-IV, dated 10-5-1977 (w.e.f. 29-7-1977).] After completing Form 17 the Head of Office shall send that Form in original to the Audit Officer with a covering letter in Form 18 alongwith the Government servant's service book/service roll, duly completed upto date and any other documents relied upon for the verification of the service claimed in such a manner that they can be conveniently consulted.(b)[] [Renumbered by Notification No. FB-6-1-77-N-II-IV, dated 10-5-1977 (w.e.f. 29-7-1977).] The Head of Office shall retain one copy of the aforesaid Form for his office record.(c)[] [Renumbered by Notification No. FB-6-1-77-N-II-IV, dated 10-5-1977 (w.e.f. 29-7-1977).] If the payment is desired in another circle of audit, Form 17 shall be sent in duplicate to the Audit Officer.(7)After the documents referred to in sub-rules (5) and (6) have been sent to the Audit Officer concerned, the Head of Office shall draw anticipatory family pension not exceeding the maximum family pension and 90% of the gratuity as indicated in Part I of Form 17 and for this purpose adopt the following procedure namely :-(a)he shall issue a sanction letter in favour of the claimant or claimants endorsing a copy thereof to the Audit Officer indicating the amount of anticipatory family pension and 90% of the gratuity payable under these rules;(b)he shall indicate in the sanction letter the amount recoverable out of the gratuity under sub-rule (5);(c)after issue of the sanction letter, he shall draw-(i)the amount of anticipatory pension; and(ii)the amount of 90% of the gratuity after deducting therefrom the dues mentioned in clause (b);from the Treasury at which the pay and allowances of the establishment are drawn by him.(8)The Head of Office shall disburse the anticipatory family pension and gratuity to the claimant or claimants on or after the first day of the month following the month in which the Government servant died, if final P.P.O./G.P.O. is not received by that time.(9)The Head of Office shall inform the Audit Officer as soon as the gratuity has been paid to the claimant or claimants with all details of the amount recovered from such gratuity.(10)If the claimant desires the payment of anticipatory family pension or of gratuity or of both through money order the same shall be remitted to him through money order at the cost of State Government, if the amount is Rs. 100 or less.
