Rule 76 - Family Pension Claims

76. Authorisation of final family pension and balance of the gratuity by the Accounts Officer.- (1) On receipt of the family pension case and the documents referred to in sub-rule (1) of rule 74, the Accounts Officer shall, within a period of one month from the date of receipt of the family pension case and the documents, apply the requisite checks and complete Section I of Part II of Form 11 and assess the amount of family pension and gratuity:

Provided that while applying the requisite checks, the Accounts Officer shall confine the verification of the correctness of emoluments for a maximum period of one year preceding the date of death or disappearance of the Government servant.

Provided further that, in the case of a deceased Government servant, if the Accounts Officer is, for any reason, unable to assess the amount of family pension within the period aforesaid, he shall communicate the fact to the Head of Office to continue to disburse the provisional family pension to the claimant for such period as may be specified by the Accounts Officer.

(2) The Head of Office shall submit the case to the Head of Department for extension of the period of provisional family pension. After approval of the Head of Department, the Head of Office shall issue a sanction for extension of the period of provisional family pension for the period as specified by the Accounts Officer and approved by the Head of Department.

(3)

(a) The Accounts Officer shall prepare the pension payment order not later than one month of the receipt of family pension case from Head of Office.

(b) Where on death of a Government servant, provisional family pension was sanctioned in accordance with rule 75, the payment of family pension shall be effective from the date following the date on which the payment of provisional family pension ceased.

(c) The Accounts Officer shall, after taking into consideration the time likely to be taken to issue Special Seal of Authority by the Central Pension Accounting Office and disbursal of family pension by the Pension Disbursing Authority, indicate in the Pension Payment Order the date up to which the provisional family pension shall continue to be paid and the date from which the payment of family pension by the Pension Disbursing Authority shall become effective.

(d) The arrears of family pension, if any, in respect of the period for which provisional family pension was drawn and disbursed by the Head of Office shall also be authorised by the Accounts Officer to be paid by the Head of Office.

(e) In the case of a missing Government servant, the payment of family pension shall be effective from the date following the date up to which leave was sanctioned to the Government servant before he went missing or from the date up to which pay and allowances have been paid to the Government servant or from the date on which a report has been lodged with the concerned Police Station in the form of First Information Report or a Daily Diary Entry or a General Diary Entry, whichever is the latest.

(f) Payment of family pension shall be authorised with a condition that the payment of family pension and the arrears of family pension for the period from the date specified in clause

(e) up to the date of commencement of payment of family pension shall be made by the Pension Disbursing Authority only after the expiry of a period of six months from the date of lodging of report with the concerned Police Station.

(4) The Accounts Officer shall, while authorising the family pension for the first eligible member of the family, indicate the names of the permanently disabled child or children and dependent parents and disabled siblings of deceased Government servant as family pensioners in the Pension Payment Order, if there is no other member of family to whom family pension may become payable before such disabled child or children or dependent parents or disabled siblings.

(5)

(a) The Accounts Officer shall determine the amount of the balance of the gratuity after adjusting the amount, if any, outstanding against the deceased Government servant.

(b) The Accounts Officer shall intimate to the Head of the Office, the amount of the balance of the death gratuity determined under clause

(a) with the remarks that the amount of the balance of the death gratuity may be drawn and disbursed by the Head of Office to the person or persons to whom the provisional gratuity has been paid in accordance with rule 75.

(c) In the case of a missing Government servant, the Accounts Officer shall determine the amount of the gratuity payable after adjusting the amount, if any, outstanding against him or her.

(d) The Accounts Officer shall, within one month of the date of receipt of case, intimate to the Head of the Office, the amount of gratuity determined under clause

(c) with the remarks that the amount of the gratuity may be drawn and disbursed by the Head of Office to the person or persons to whom the gratuity is payable in accordance with rule 47, only after the expiry of a period of six months from the date of lodging of report with the concerned Police Station.

(e) The amount of gratuity withheld under clause

(b) of sub-rule (1) of rule 77 shall be adjusted by the Head of Office against the outstanding licence fee mentioned in clause

(viii) of sub-rule (1) of rule 77 and the balance, if any, refunded to the person or persons to whom gratuity has been paid.

the issue of the pension payment order shall be promptly reported to the Head of Office by the and the documents which are no longer required shall also be returned to him.

(6) If the amount of provisional family pension as disbursed by the Head of Office is found to be in excess of the final family pension assessed by the Accounts Officer, it shall be open to the Accounts Officer to adjust the excess amount from the gratuity failing which, in instalments, from family pension payable in future.

(7)

(a) If the amount of provisional gratuity disbursed by the Head of Office proves to be larger than the amount finally assessed by the Accounts Officer, the beneficiary shall not be required to refund the excess.

(b) The Head of Office shall ensure that chances of disbursing the amount of gratuity in excess of the amount actually admissible are minimized. In all cases where the amount of gratuity paid is more than the amount of gratuity finally assessed by the Accounts Officer, the Head of Department shall fix the responsibility for the excess payment.

(8)

(a) The Accounts Officer shall forward a copy of the Pension Payment Order issued under this rule along with the undertaking to the Bank in Format 9 to the Central Pension Accounting Office, not later than one month of the date of receipt of family pension case from the Head of Office, for issuing a Special Seal of Authority.

(b) The Central Pension Accounting Office shall issue the Special Seal of Authority and forward the same to the Pension Disbursing Authority along with the copy of the Pension Payment Order issued by the Accounts Officer and the undertaking in Format 9 within ten days of the date of receipt of the Pension Payment Order from the Accounts Officer, in accordance with the orders issued by the Controller General of Accounts.

(c) The Pension Disbursing Authority shall take action to disburse the family pension to the family pensioner from the date on which it becomes due, in accordance with the orders issued by the Controller General of Accounts and Central Pension Accounting Office, not later than fifteen days of the date of receipt of Special Seal of Authority from the Central Pension Accounting Office.

(d) If there are more than one member of the family eligible to receive family pension in accordance with these rules and if a member of the family has not submitted his or her claim for family pension in Form 10, the case for issuing Pension Payment Order in favour of such member of family may be processed after his or her claim has been received and the case of other eligible members of the family for grant of family pension may be processed without linking it with the case of the family member who has not submitted the claim in Form 10.

(e) If there are more than one member of the family eligible to receive gratuity and if a member of the family has not submitted his claim for gratuity in Form 9, the case for drawal of gratuity in his favour may be processed after his claim has been received and the case of other eligible members of the family for sanction of gratuity may be processed without linking it with the case of the family member who has not submitted the claim in Form 9.

What This Means

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

• 1Applies when multiple family members are eligible for family pension.
• 2Allows processing of claims for family members who *have* submitted Form 10.
• 3Does not require waiting for all eligible family members to submit their claims.
• 4Ensures timely disbursement of pension to claiming family members.
• 5Form 10 is the prescribed form for claiming family pension.

Practical Example

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

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.