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State of Tamilnadu - Section

Section 49 in Tamil Nadu Pension Rules, 1978

49. [***] [Rule 49 in the marginal heading the word 'contributory' omitted - G.OMs.No.615, Finance (Pension) Department, dated 21-07-1995 with effect from 1st January 1979.] Family pension.

(1)The provision of this rule shall apply to a Government servant entering service in a pensionable establishment whether temporary or permanent on or after the 1st April 1964, or who was in service on the 31st March 1964 and came to be governed by the Tamil Nadu Government Servants' Family Pension Rules, 1964, except the following, namely:-
(i)Government servants who retired before the 1st April 1964, but are re-employed on that date or thereafter.
(ii)Government servants who are employed in Government Industrial Undertakings to whom the Factories Act, 1948 (Central Act LXIII of 1948) or the Employees' Provident Funds Act, 1952 (Central Act XIX of 1952) are applicable excluding those who are governed by statutory service rules and belong to pensionable service.
(iii)Government servants who belong to non-pensionable service, namely persons paid from contingencies, work charged staff, casual labour contract officers.
(2)[***] [Rule 49(2), the expression 'Subject to the provisions of sub-rule (5) and' omitted - 'G.O.Ms.No.447, Finance (Pension) Department, dated 07-06-1995 with effect from 21st August 1986.] Without prejudice to the provisions contained in sub-rule (3) where a Government servant dies -
(a)after completion of not less than one year continuous service;
or
(b)after retirement from service and was in receipt of pension on the date of death, the family of the deceased shall be entitled to a [***] [Rule 49(2)(b) the word 'contributory' omitted - G.O,Ms.No.615, Finance (Pension) Department, dated 21-07-1995 with effect from 1st January 1979.] family pension (hereinafter in this rule referred to as family pension), the amount of which shall be determined as follows:-
1 Below Rs.200 30 per cent of pay Minimum of Rs.50
2 Rs. 200 and above but below Rs.800 15 per cent of pay Minimum of Rs.60
3 Rs, 800 and above 12 per cent of pay Maximum of Rs.300 and minimum of Rs. 150
[Provided that family pension shall be payable to the family of a Government servant who dies before the completion of one year continuous service, if he was declared fit for Government service by the appropriate medical authority prescribed under the relevant rules immediately prior to his appointment.] [Proviso to Rule 49(2)(b) added - 'G.O.Ms.No.447, Finance (Pension) Department, dated 07-06-1995 with effect from 29th August 1989.]Notes. - (i) The rules do not prohibit the grant of family pension to the family of a Government servant who commits suicide.
(ii)No family pension under these rules shall be payable to the family of a Government servant who dies after retirement unless at the time of his death he was in receipt of or eligible to be paid any of the following classes of pension, namely:- Compensation, Invalid, Retiring or Superannuation Pensions.
(iii)The Government servant who have been compulsorily retired on or after 1st April 1964 and who are in receipt of pension are entitled to Family Pension under these rules.
(iv)Notwithstanding the pendency of any disciplinary proceedings against the deceased Government servant concerned, family pension shall subject to the provisions in sub-rule (4), be payable to the family of the deceased Government servant.
[(2-A) The family pension payable to a family of a Government servant or a retired government servant who died on or after the 1st April 1979, shall be regulated as under, provided he has completed continuous qualifying service for a period of not less than one year:-
(i)The amount of monthly family pension shall be calculated at the uniform rate of 30 per cent of pay drawn, subject to a minimum of Rs.100 [Rs.125] [Rs.235] [Rule 49(2-A)(i), for the expression 'Rs. 125', the expression 'Rs.235' substituted - G.O.Ms.No.689, Finance (Pension) Department, dated 24-08-1995 with effect from 1st October 1984.] [Rs.245] [Rule 49(2-A)(i), for the expression 'Rs.235 the expression 'Rs,245' substituted - G.O.Ms.No.690, Finance (Pension) Department, dated 24-08-1995 with effect from 1st April 1988.] [Rs.375] [Rule 49(2-A)(i), for the expression 'Rs.245 and Rs.1000', the expression 'Rs.375 and Rs.1250' respectively substituted - G.O.Ms.No.693, Finance (Pension) Department, dated 24-08-1995 with effect from 1st June 1988.] [Rs.1275] [Rule 49(2-A)(i), for the expression 'Rs.375 and Rs.1250', the expression 'Rs,1275 and Rs.6570' respectively substituted - G.O.Ms.No.317, Finance (Pension) Department, dated 23-07-2009 with effect from 1st January 1996.] [Rs.3050] [Rule 49(2-A)(i), for the expression 'Rs.1275 and Rs,6570', the expression 'Rs.3050 and Rs.23100' respectively substituted - G.O,Ms.No.320, Finance (Pension) Department, dated 23-07-2009 with effect from 1st January 2006.] per mensem and maximum of Rs.500 [Rs.800] [Rule 49(2-A)(i), for the expression 'Rs.500', the expression 'Rs.800' substituted - G,O.Ms.No.691, Finance (Pension) Department, dated 24-08-1995 with effect from 1st October 1984.] [Rs.1000] [Rule 49(2-A)(i), for the expression 'Rs.800', the expression 'Rs. 1000' substituted - G.O.Ms.No.692, Finance (Pension) Department, dated 24-08-1995 with effect from 1st December 1984.] s[Rs.1250] [Rs.6570] [Rule 49(2-A)(i), for the expression 'Rs.375 and Rs.1250', the expression 'Rs,1275 and Rs.6570' respectively substituted - G.O.Ms.No.317, Finance (Pension) Department, dated 23-07-2009 with effect from 1st January 1996.] [Rs.23100] [Rule 49(2-A)(i), for the expression 'Rs.1275 and Rs,6570', the expression 'Rs.3050 and Rs.23100' respectively substituted - G.O,Ms.No.320, Finance (Pension) Department, dated 23-07-2009 with effect from 1st January 2006.] per mensem;
(ii)In the case of death after retirement, the quantum of family pension as calculated above shall not exceed the uncommuted value of superannuation pension. A flat rate of family pension of [Rs.100 per mensem with effect from 1st April 1979 or the date following the date of death whichever is later] [Rs.125] [Rule 49(2-A)(ii), for the expression 'Rs.100 per mensem with effect from 1st April 1979 or the date following the date of death whichever is later', the expression 'Rs.125 per mensem ' substituted -G.O.Ms.No.688, Finance (Pension) Department, dated 24-08-1995 with effect from 1st April 1982] [Rs.235] [Rule 49(2-A)(ii), for the expression 'Rs.125', the expression 'Rs.235' substituted - G.O.Ms.No.689, Finance (Pension) Department, dated 24-08-1995 with effect from 1st October 1984.] [Rs.245] [Rule 49(2-A)(ii), for the expression 'Rs.235', the expression 'Rs.245' substituted - G.O.Ms.No.690, Finance (Pension) Department, dated 24-08-1995 with effect from 1st April 1988.] [Rs.375] [Rule 49(2-A)(ii) for the expression 'Rs.245', the expression 'Rs.375' substituted - G.O.Ms.No.693, Finance (Pension) Department, dated 24-08-1995 with effect from 1st June 1988.] [Rs.1275] [Rule 49(2-A)(ii) for the expression 'Rs.375', the expression 'Rs.1275' substituted - G.O.Ms.No.317, Finance (Pension) Department, dated 23-07-2006 with effect from 1st January 1996.] Rule [Rs.3050] [49(2-A)(ii) for the expression 'Rs.1275', the expression 'Rs.3050' substituted - G.O,Ms,No.320, Finance (Pension) Department, dated 23-07-2006 with effect from 1st January 2006.] per mensem shall be sanctioned to the eligible member of the family of the Government servant who died while in service or after retirement and who were hitherto not eligible for family pension.]
(3)[(a) In the event of death of a Government servant while in service after having rendered not less than seven years continuous service, the rate of family pension payable shall be equal to 50 per cent of the pay last drawn [***] [Rule 49(3)(a) substituted - G.O.Ms.No.768, Finance (BG-III) Department, dated 21-08-1986.] or [Rs.500] [Rs.800] [Rule 49(3)(a), for the expression 'Rs.500', the expression 'Rs.800' substituted - G.O,Ms.No.691, Finance (Pension) Department, dated 24-08-1995 with effect from 1st October 1984.] [Rs.1000] [Rule 49(3)(a) for the expression 'Rs.800', the expression 'Rs.1000' substituted - G.O.Ms.No.692, Finance (Pension) Department, dated 24-08-1995 with effect from 14th December 1987.] [Rs.1250] [Rule 49(3)(a) for the expression 'Rs.1000', the expression 'Rs.1250' substituted - G.O.Ms.No.693, Finance (Pension) Department, dated 24-08-1995 with effect from 1st June 1988.] [Rs.6570] [Rule 49(3)(a) for the expression 'Rs. 1250', the expression 'Rs.6570'' substituted - G.O.Ms.No.317, Finance (Pension) Department, dated 23-07-2006 with effect from 1st January 1996.] [Rs.23100] [Rule 49(3)(a) for the expression 'Rs.6570', the expression 'Rs.23100' substituted - G.O.Ms.No.320, Finance (Pension) Department, dated 23-07-2006 with effect from 1st January 2006.], whichever is less, and the amount so admissible shall be payable iron the date following the date of death of Government Servant for a period of seven years or for a period up to the date on which the deceased Government servant would have attained the age of 65 years had he survived, whichever is less.] [Rule 49(2-A) inserted - G.O; Ms.No.768, Finance (BG-III) Department, dated 21-08-1986.]Notes 1. - In the case of widows or widowers governed by the extraordinary pension Rules, Madras, the child allowance, if any, shall be paid in addition.