अंशदायी परिवार पेंशन (Contributory Family Pension)

9. सेवा निवृत्ति के बाद पैदा बच्चों का विवरण-

टीप.- अभिप्रमाणीकरण दो राजपत्रित अधिकारियों द्वारा किया जाएगा।

Explanation "Pay" for this purpose means the pay as defined in Rule 9 (21) (a) (i) of F. R., which the person was drawing on the date of his death while in service or immediately before his retirement, whether he a person has been absent from duty or may be on leave (including E. O. L.) or suspension of his death "Pay" means the pay which he draw immediately before proceeding on such leave or suspension. In the case of those Government Servants who have retained the existing scales of pay in preference to the revised scales of pay of 1960 the term "Pay" will also include any "Dearness Pay" paid to them.

Note - The commutation of pension will have no effect on the quantum of family pension as the rate of family pension is based on the pay which the Government servant was drawing immediately before his retirement and not on the pension sanctioned to them.

5. The above scheme will come into force with effect from the date of issue of these orders and be applicable to all regular employees on pensionable establishment temporary or permanent who are in service on the date of issue of these orders or are recruited thereafter,

Note. - This scheme is retrospective in operation with effect from 1-4-66 wide Government of M. P. Memorandum No. 266VI-1/66, dated 16-11-1966

6. The Scheme will able administered as below:-

(1) The family pension will be admissible in case of death while in service or after retirement on or after the date of issue of these orders if at the time or death, the retired Government servant was in receipt of a compensation pension, invalid, retiring or superannuation pension. In case of death while in service, the Government servant should have completed a minimum period of one year's continuous service.

(i) "Family" for purpose of this scheme will include the following relatives of the Government servants:

(a) Wife in the case of a male Government Servant.

(b) Husband in the case of a female Government Servant,

(c) Minor sons and

(d) Unmarried minor daughter's.

Note-1. (c) and (d) will include children adopted legally before retirement.

2. Marriage after retirement will not be recognised for purpose of this scheme.

(iii) The Pension will be admissible:

(a) In the case of widow/widower upto the date of death or remarriage whichever is earlier.

(b) In the case of Minor son until he attains the age of 18 years.

(c) In the case of unmarried daughter until she attains the age of 21 years or gets married whichever is earlier:

["Provided that if the son or unmarried daughter of a Government servant is suffering from any disorder or disability of mind or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of 18 years in the case of son and 21 years in the case of daughter, the family pension shall be payable to such son or unmarried daughter for life subject to the following conditions, namely:

[The above Proviso inserted vide M. P. E. B. No. F-B. 6/14/75-R-II, dated 5-12-1975

The above note substituted as under vide M. P. F. D. No. 1731/VR-11 69, dated 14-10-69.]

(a) If such son or unmarried daughter is one among two of the children of the Government servant, the family pension shall be initially payable to the minor children in order set out in sub-para (iv) of this paragraph until the last minor child attains the age of 18 or 21, as the case may be and thereafter the Family Pension shall be resumed in favour of the son or unmarried daughter suffering from disorder or disability or mind or who is physically crippled or disabled and shall be payable to him/her for life;

(b) If there are more than one such son or unmarried daughter suffering from disorder or disability of mind or who are physically crippled or disabled, the family pension shall be paid in the following order, namely-

(i) Firstly, to the elder son if there are more than one son, the younger of them will get the family pension only after the life-time of the elder;

(ii) Secondly, to the unmarried daughter if there are more than one unmarried daughters, the younger of them will get the family pension only after the life lime of the elder;

(iii) The family pension shall be paid to such son or unmarried daughter through the guardian as. if he or she are a minor:

*(iv) Before allowing the family pension for life to any such son or unmarried daughter, the sanctioning authority shall satisfy that the handicap is of such a nature as to prevent him from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a medical officer not below the rank of Civil Surgeon stating out, as far as possible the exact mental or physical condition of the child;

(v) The person receiving the family pension as guardian of such son or unmarried daughter shall produce every three years a certificate from a medical officer not below the rank of Civil Surgeon to the effect that he or she continues to suffer from the disability of mind or continues to be physically crippled or disabled.

Note- In cases where there are two or more widows, pension will be payable to the eldest surviving widow. On her death/marriage, it will be payable to the next surviving window, if any. The term eldest would mean seniority with reference to the date of marriage.

Note- (i) Where a Government Servant is survived by more than one widow, the pension will be paid to them in equal shares. On the death of a widow her share of the pension will become payable to her eligible minor child. If at the time or her death. a widow leaves no minor child, the payment of her share of pension will cease,

(ii) Where a Government Servant is survived by a widow but has left behind an eligible minor child from another wise, the eligible minor child will be paid the share of pension which the Mother would have received is she had been alive at the time of death of the Government Servant.

(iii) (Except as provided in the note below sub-para (iii) of his para) pension awarded under this scheme will not be payable to more than one member of a Government servant's family at the same time. It will first be admissible to the widow/widower and thereafter to the Minor children.

Note. - The words (...........) inserted vide M. P. F. D. No. 1731/IV/K- 11/69, dated 14-10-69 and sub-para (IV) again substituted as under vide M. P. F. D. No. F.B. 6/14/75/R/II/IV, dated 5-12-75

*Substituted as below

*(iv) (a) Except as provided in Note (1) 10 (3) below sub-para (iii) of this paragraph, the family pension shall be payable to more than one member of the family at the same time.

(b) If a deceased Government servant or pensioner leaves behind a widow or widower the family pension shall become payable to the widow or widower, failing which to the legible child.

(c) If sons and unmarried daughters are alive unmarried daughters shall not be eligible for family pension unless the sons attain the age of eighteen years and thereby become ineligible for the grant of family pension.

[M.P.F. D. No. F. B. 6/14/75/R-II/IV. Dated 5-12-75]

(v) In the event of remarriage or death of the widow/widower the pension will be granted to the minor children through their natural guardian. In dispute cases, however, payment will be made through a legal guardian.

(vi) In the event of a death of the father and the mother, who are both Government servants, the minor children will be eligible to draw two family pensions, subject to a total of Rs. 150/- P.M. provided both of them are governed by this scheme.

(vii) The ad hoc increase granted under F. D. Memo. No. 1294-R-1508/IV/R-II. dated the 21st May, 1965 will not be admissible on the family pension granted under this scheme.

7. Every Government servant eligible to the benefits of the above scheme will be required to surrender a portion of gratuity, where admissible equal to his two month's emoluments or pay, as the case may be, subject to a maximum of Rs. 3.000/- where a Government servant governed by this scheme retires as a bachelor who has not adopted any child or without a wife/husband and or minor children, the deduction of two months pay/emoluments from the gratuity will not be made. In cases where the gratuity admissible is less than two months pay the same will be resumed by Government against the family pension benefits admissible under this scheme.

8. Government servants in service on the date of issue of these orders, who are governed by the liberalised Pension Rules of the Government of India/The Madhya Pradesh New Pension Rules. 1951 wholly or partially. The Madhya Bharat Civil Pension scheme in substitution of the existing Family Pension benefit as admissible under the Rules referred to above or retain their existing benefits. The option will be required to be exercised within the period of six months from the date of issue of these orders in the form enclosed (Form A). Government servants who fail to exercise options within the stipulated period will be deemed lo have elected the new scheme of family pension. Option once exercised will be final.

9. Those who are governed by the old Pension Rules in Civil Service Regulations, of the Government of India and old Madhya Pradesh Pension Rules will not be entitled to the benefits of these schemes unless they opt in favour of the liberalised Pension Rules. The Madhya Pradesh New Pension Rules, 1951, as the case may be, wholly or partially (as admissible under para 2 (c) of the Government of India, Ministry of Finance, Officer Memorandum No. F-3 (16) 'Est. (Spl) 50 dated the 2 nd January, 1051 and para 8 (1) (c) of the Madhya Pradesh New Pension Rules 1951). If has accordingly been decided to allow them fresh option to avail the benefits of this scheme. This option shall also be required to be exercised within a period of six months of the date of issue of these orders, in the form enclosed (Form B).

10. The option vide para 8 and 9 above shall be exercised in writing and shall be communicated by the Government servant concerned to the Head of Office, if he is in non-gazetted Government servant and to his Accounts Officer if he is a gazetted Government servant. The option when received from a non-gazetted Government servant should be countersigned by the Head of the Office and posted in the service Books of the Government servant concerned.

11. Those who enter service on or after the date of issue of these orders will automatically be governed by this scheme.

12. Widow/widowers of such Government servant as are governed by this scheme will not be entitled to family pension under any other Rules.

13. This scheme is not applicable to-

(a) Persons who retired before the date of issue of this scheme but may be n on reemployed on that date or thereafter,

(b) Persons paid from contingencies;

(c) Work charged staff; (d) Casual labour, and

(e) Contract Officers.

(M.P.F.D. No. 163/CR-903/UV/R-II, dated 17-8-1966)

(2)

In partial modification of the orders contained in paragraph 5 of F. D, Memorandum No. 1963/CR-903/IV/R/II, dated 17-8-66 Government are pleased to decide that the Family Pension Scheme for State Government Employees. 1966, will come into force from the 1st Aprill, 1966 Government servants who retired on or after the 1st April 1966 but before 17th August 66, will have an option to elect the Family Pension Scheme for the State Government employees 1966 upto the 16-2-67 in accordance with para 8 or 9 of - F. D. Memo dated 17-8-66 referred to above.

2. It is noticed that a number of Government servants die in harness and leave their dependants rather badly off. The State Government have accordingly considered the question of making suitable provisions so as to remove the distress of the families who require greater assistance during the First few years after a Government servant death and in partial modification of the orders issued in F. D. Memorandum No. 1963 CR-903/ IV-R-II dated 17-8-66 are further pleased to decide as under in respect of Government servants who are governed by the Family Pension Scheme 1966.

(i) For a period of 7 years from the date of death or till the date on which the (Government servants would have reached the normal superannuation had he remained alive whichever period is shorter. the aforesaid orders will be at 50% of the basic pay last drawn, subject to maximum of twice the pension admissible under para 4 of the F. D. Memorandum of 17-8-1966 referred to above.

Note 1. – The term "Basic Pay" for this purpose means pay as defined in Rule 9 (21) of Fundamental Rules [M.P.E.D. No. 349/CR/3852/IV/R-II/69. dated 22-2-1969]

Note 2. – in the case of "death occurring upto 15-12-1967, as the age of superannuation if to be taken as 58 years, as the age of superannuation was reduced lo 55 years will effect from 15-12-1967.

[M. P.F.D. No.1147/2515/IV/R-II/68. dated 3-7-1968]

(ii) The Pension payable thereafter will be at the rates laid down in para 4 of the F.D. Memorandum 17-8-1966 mentioned above.

(iii) These orders will not be applicable if the Government servant had put in less than 1 year of continuous service prior to his death.

(iv) The other provisions in the existing orders will continue to operate.

Note.- In the case of a person who dies while on extension of service, the date upto which the extension of service has been sanctioned to him before his death will be deemed to be the normal date of superannuation.

(v) The orders in this paragraph will have effect from the 1st November. 1966.

(vi) These orders will not be applicable to those Government Servants who are governed by the workman Compensation Act.

(vii) Government servant who may have opted on or alter the 17 th August, 1966 to retain the old Family Pension Rules. Applicable to them and who may now like to opt for the family pension scheme for the State Government Employees. 1966 in view of the additional benefits mentioned above may exercise fresh options of Family Pension Scheme for the State Government Employees. 1966 up to 15-2-1967.

3. The families of the Government Servant who died on or after the 1st April 1966 or may die after upto the 16 th February. 1967 without exercising an option for the Family Pension Scheme as required in Paras 8 or 9 of F. D. memo of 17-8-1966 referred to above will be sanctioned family pension under the Rules beneficial 10 them.

[M.P.F. D. No. 2661/IV/R-II/66. dated 15-11-1966]

(10)

2. मध्यप्रदेश सिविल सेवायें (पेंशन) नियम 1976 के नियम 47 के उपनियम 3 (ए) के प्रावधान के अनुसार ऐसे शासकीय सेवक, जिनकी सात वर्ष की लगातार अर्हकारी सेवा करने के पश्चात् सेवा में रहते मृत्यु हो जाती उनके परिवार को प्रारंभिक सात वर्ष या जीवित रहने की दशा में शासकीय सेवक 65 वर्ष की आयु प्राप्त करने तक, इनमें जो भी पहले हो, की अवधि के लिये परिवार पेंशन की राशि उनके अन्तिम वेतन का .50 प्रतिशत या सामान्य परिवार पेंशन की दुगुनी दर, इसमें जो भी कम हो, देय होती है। उपनियम 3 (बी) के प्रावधान के अनुसार शासकीय सेवक की सेवानिवृत्ति के पश्चात् मृत्यु हो जाने की स्थिति में उसके परिवार को प्रारंभिक 7 वर्ष या जीवित रहने की स्थिति में पेंशनर 65 वर्ष की आयु प्राप्त करता, इसमें जो भी पहले हो, तक के लिये उसके अन्तिम वेतन का 50 प्रतिशत या सामान्य परिवार पेंशन की दुगुनी दर, इसमें जो भी कम हो, परिवार पेंशन देय होती है, किन्तु शर्त यह है कि ऐसी पेंशन उस पेंशन से अधिक नहीं होगी जो उसकी सेवानिवृत्ति पर स्वीकार की होती हो। नियमों के उपरोक्त प्रावधान इन आदेशों के अन्तर्गत देय परिवार पेंशन के प्रकरणों में लागू होंगे।

[म.प्र.शासन वि.वि.क्र. एफ. 9-9/2006/नियम/चार दिनांक 15 जुलाई 2014]

मैं सत्यनिष्ठा/शपथपूर्वक घोषणा करता हूँ मेरे द्वारा ऊपर दी गई समस्त जानकारी मेरे पास उपलब्ध अभिलेखों पर आधारित एवं सही है।

यह प्रमाण पत्र नगर प्राधिकरण/स्थानीय पंचायत/ मान्यता प्राप्त विद्यालय के प्रधान अध्यापक का जिसमें बच्चा पढ़ रहा है, का होना चाहिये।

भवदीय

The undersigned having satisfying himself to the above particulars of late shri/smt. ...................... hare by grants Rs....................... as family pension to shri/smt .................. subject to admissibility under rules by Accountant general.

[म.प्र. शासन वि.वि. क्र. एफ 9-9/2006/नियम/चार दिनांक 15 जुलाई 2014]