Rule 46 - Nomination Changes
Original Rule Text
46. Nominations.- (1) A Government servant shall, on his initial appointment in a service or post, make a nomination in Form 3 conferring on one or more persons the right to receive the retirement gratuity and death gratuity payable under rule 45.
(2) In case at the time of making the nomination,
(i) the Government servant has one or more members of family as referred to in the explanation below sub-rule (6) of rule 45, the nomination shall be in favour of any member or members of his family referred to in that rule; or
(ii) the Government servant has no family as referred to in the explanation below sub-rule (6) of rule 45, the nomination may be made in favour of a person or persons, or a body of individuals, whether incorporated or not.
(3) If a Government servant nominates more than one person under sub-rule (2), he shall specify in the nomination the share payable to each of the nominees, in such manner as to cover the entire gratuity.
(4) A Government servant may provide in the nomination,-
(i) that in respect of any specified nominee who predeceases the Government servant, or who dies after the death of the Government servant but before receiving the payment of gratuity, the right conferred on that nominee shall pass on to such other person as may be specified in the nomination:
that if at the time of making the nomination the Government servant has a family consisting of more the person so specified shall not be a person other than a member of his family:
Provided further that where a Government servant has only one member in his family, and a nomination has been made in his favour, it is open to the Government servant to nominate any person or a body of individuals, whether incorporated or not as alternate nominee or nominees;
(ii) that the nomination shall become invalid in the event of the happening of the contingency provided therein.
(5)
(a) Where a Government servant has no family, as referred to in the explanation below sub-rule (6) of rule 45, at the time of making a nomination, the nomination made by the Government servant in favour of a person or a body of individuals under clause
(ii) of proviso to sub-rule (2) shall become invalid in the event of the Government servant subsequently acquiring a family.
(b) Where a Government servant has only one member in his family at the time of making a nomination and a nomination has been made in his favour, in the event of the Government servant subsequently acquiring an additional member in the family, the alternate nomination made by the Government servant in favour of a person or a body of individuals under the second proviso to clause
(i) of sub-rule (4), if any, shall become invalid but the nomination made by the Government servant in favour of a member of the family under clause
(i) of proviso to sub-rule (2) shall not be affected.
(6) Nomination made by an unmarried Government servant, under clause
(i) of sub-rule (2), in favour of any member of his family specified in the explanation below sub-rule (6) of rule 45 shall not become invalid on his or her marriage, unless the Government servant cancels the earlier nomination and files a fresh nomination in accordance with sub-rule (7).
(7) A Government servant may, at any time, cancel a nomination by sending a notice in writing to the Head of Office:
Provided that he shall, along with such notice, send a fresh nomination made in accordance with this rule.
(8) Immediately on the death of a nominee in respect of whom no special provision has been made in the nomination under clause
(i) of sub-rule (4) or on the occurrence of any event by reason of which the nomination becomes invalid in pursuance of clause
(ii) of sub-rule (4), the Government servant shall send to the Head of Office a notice in writing cancelling the nomination together with a fresh nomination made in accordance with this rule.
(9)
(a) Every nomination made (including every notice of cancellation, if any, given) by a Government servant under this rule, shall be sent to the Head of Office.
(b) The Head of Office shall, immediately on receipt of such nomination, verify that the nomination made by the Government servant is in accordance with the provisions of this rule and, if the Government servant has a family, the nomination made is in favour of one or more members of the family as referred to in the explanation below sub-rule (6) of rule 45. The Head of Office shall, thereafter, countersign the nomination indicating the date of receipt and keep it under his custody:
Provided that the Head of Office may authorise his subordinate Gazetted Officers to countersign nomination forms of non-gazetted Government servants.
(c) Suitable entry regarding receipt of nomination shall be made in the service book of the Government servant concerned.
(d) A duly signed copy of the nomination form shall be returned to the Government servant for keeping it in his safe custody.
(10) Every nomination made, and every notice of cancellation given, by a Government servant shall, to the extent that it is valid, take effect from the date on which it is received by the Head of Office.
What This Means
Rule 46(b) of the CCS (Pension) Rules, 2021 deals with what happens to your pension nomination when your family situation changes. Specifically, it addresses the scenario where you initially nominate a single family member (like your mother) and later your family grows (for example, you get married). The rule essentially states that if you had a backup nomination to someone outside your family (like a charity) because you only had one family member initially, that backup nomination becomes invalid once you gain another family member. However, the original nomination to your family member remains valid.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Applies when a government servant initially has only one family member and makes a nomination in their favor.
- 2Addresses the situation where the government servant subsequently acquires an additional family member.
- 3If a backup nomination was made to a non-family member, it becomes invalid upon acquiring a new family member.
- 4The original nomination to the initial family member remains valid despite the change in family size.
Practical Example
Mr. Sharma, a government employee, initially nominated his mother as his sole beneficiary for his pension benefits since she was his only family member. He also made a secondary nomination to a local orphanage in case something happened to his mother. Later, Mr. Sharma got married. According to Rule 46(b), the nomination to the orphanage becomes invalid because he now has another family member (his wife). His mother remains the primary nominee for his pension benefits unless he makes a new nomination.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Cross References
Frequently Asked Questions
What happens if I nominate my mother and then get married? Does my wife automatically become a nominee?▼
If my backup nomination becomes invalid, do I need to submit a new nomination form?▼
Does this rule apply to all types of government employees?▼
What if I want to nominate both my mother and my wife? How do I split the pension benefits?▼
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Test Your Knowledge
Question 1 of 3
According to Rule 46(b) of the CCS (Pension) Rules, 2021, what happens to an alternate nomination made to a non-family member if a government servant, who initially had only one family member, subsequently acquires an additional family member?