(TO BE PUBLISHED IN PART II, SECTION 3, SUB-SECTION 
(i) OF THE GAZETTE OF INDIA EXTRA ORDINARY)

No.25011/6/2000-AIS-II
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
***********

New Delhi, dated the 08-May,2003

Notification

 

G.S.R. .(E) - In exercise of the powers conferred by sub-section (1) read with sub-section (1A) of section 3 of the All India Services Act, 1951 (61 of 1951), the Central Government, after consultation with the Governments of the States concerned, hereby makes the following rules further to amend the All India Services (Death-cum-Retirement Benefits)Rules, 1958, namely:-

1 (1)  These rules may be called the All India Services 
(Death-cum-Retirement Benefits) Amendment Rules, 2003.
(2) Save as otherwise provided, they shall come into force on the date of their publication in the Official Gazette.
  1. In the All India Services (Death-cum-Retirement Benefits) Rules, 1958 (hereinafter referred to as the said rules), in rule 6, in sub-rule (1), in Note 1, for the words "rupees three hundred and seventy five", the words "rupees one thousand two hundred seventy five" shall be substituted.

  2. In the said rules, in the proviso to sub-rule(1) of rule 9, for the words "scientific and technical studies", the words "higher studies in the field of science, technology, finance, economics, law or other social sciences" shall be substituted.

  3. In the said rules, in rule 19BB, -

    (i)  in clause (a), for the figures "12000", the words "twenty five thousand" shall be substituted;
    (ii) in clause (b), for the figures "30000", the words "sixty thousand" shall be substituted;
    (iii) after note 3, the following note shall be deemed to have inserted with effect from the 30th day of May, 2000, namely:-

            "Note 4. In the case of a member who died before the 30th day of May, 2000, the rate of amount as specified in conditions (a) and (b) above, before the commencement of the All India Services (Death-cum-Retirement Benefits) Amendment Rules, 2003, shall be applicable."

  4. In the said rules, in rule 22B, in sub-rule (3),

    A)  (for clause (b) of the proviso, the following clause shall be substituted, namely:-

    "(b)(i) if there are more than one such children suffering from disorder or disability of mind, or who are physically crippled or disabled, the family pension shall be paid in the order of their birth and the younger of them will get the family pension only after the elder next above him or her ceases to be eligible";

    (b)(ii) if the family pension is payable to twin children, it shall be paid to such children in the manner specified in clause(d) of sub-rule (4) of rule 22B";

     

    (B) after clause (e), the following clause shall be inserted, namely:-

    "(f) in the case of a child having disability of mind, the family pension shall be paid to the person nominated by the member of the service and in case of absence of any nomination, to the person nominated by the spouse of member of the service."

     

    (C)  in sub-rule 4, in clause(a), in item(ii), the following proviso shall be inserted, namely:-

    "Provided that if the widow is not survived by any child, her share of family pension shall not lapse but shall be payable to the other widows in equal shares or if there is one such other widow, in full, to her."

     

    (D)  in sub-rule (4), after clause (b), the following proviso shall be inserted, namely:-

    "Provided that on the share or shares of family pension payable to such a child or children or to a widow or widows ceasing to be payable, such share or shares shall not lapse, but shall be payable to the other widow or widows or to the child or children otherwise eligible, in equal shares, or if there is one widow or child, in full, to such widow or child."

    (E)  in sub-rule 4, after clause (b), the following clauses shall be inserted, namely:-

    "(c) where the deceased member of the service is survived by a widow but has left behind an eligible child or eligible children from a divorced wife or wives the eligible child or children shall be entitled to the share of family pension which the mother would have received at the time of death of the member of the service had she not been so divorced:

    Provided that on the share or shares of family pension payable to such a child or children or to a widow or widows ceasing to be payable, such share or shares, shall not lapse, but shall be payable to the other widow or widows and to the other child or children otherwise eligible, in equal shares, or if there is only one widow or child, in full, to such widow or child;
    "(d) where the family pension is payable to twin children, it shall be paid to such children in equal shares:

    Provided that when one such child ceases to be eligible, his or her share shall revert to the other child and when both of them cease to be eligible, the family pension shall be payable to the next eligible single child or twin children."
    (F) in sub-rule (5), for clause (iii), the following clause shall be substituted, namely:-

    "(iii) family pension to the children shall be payable in the order of their birth and the younger of them will not be eligible for family pension unless the elder next above him or her has become ineligible for grant of family pension:

    Provided that where the family pension is payable to twin children, it shall be paid to such children in the manner specified in clause(d) of sub-rule(4) of rule 22B."

     

    (G)  in sub-rule 11, after clause (iii), the following clause shall be inserted, namely:-

    "(iv) As and when the disability referred to in the proviso to sub-rule (3) of rule 22B manifests itself in a child which makes him or her unable to earn his or her livelihood, the fact duly supported by a medical certificate from a Medical Officer not below the rank of Civil Surgeon shall be brought to the notice of the Government by the member of the service or by the nominee. As and when the claim for family pension is filed, the legal guardian of the child should make an application supported by a fresh medical certificate from a Medical Officer not below the rank of Civil Surgeon, that the child still suffers from the disability";

     

    (H) in sub-rule (12) , for clause (ii), the following clause shall be substituted, namely:-
    "Family pension admissible under this rule shall not be granted to a person who is already in receipt of another family pension or is eligible therefor under the rules, made by the Central Government or a State Government or Public Sector Undertaking or Autonomous Body or local fund under the Central or a State Government:

    Provided that a person who is otherwise eligible for family pension under this rule may opt to receive family pension under this rule if he foregoes family pension admissible from any other source";

     

    (I)  in sub-rule 12, after clause (ii), the following clause shall be inserted, namely:-

    "(iii) if a person, who in the event of death of a member of the service while in service, is eligible to receive family pension under this rule, is charged with the offence of the murder of the member of the service or for abetting in the commission of such an offence, the claim of such a person, including other eligible member or members of the family to receive the family pension, shall remain suspended till the judgement by the competent court about the criminal proceedings instituted against him or her;

    (iv) if on the judgement about the criminal proceedings referred to in clause (iii), the person concerned -
    (i)  is convicted for the murder or abetting in the murder of the member of the service, such a person shall be debarred from receiving the family pension which shall be payable to other eligible member of the family, from the date of death of the member of the service;
    (ii) is acquitted of the charge of murder or abetting in the murder of the member of the service, the family pension shall be payable to such a person from date of death of the member of the service;
    (v) the provisions of clause (iii) and clause (iv) shall also apply in the case of the family pension becoming payable on the death of a member of the service after his retirement."

    Explanatory Memorandum:

                The provisions of Note 4 to Rule 19BB are given retrospective effect for the reasons that the same is applicable to the Central Civil Services with effect from that date. It is certified that no officer is likely to be adversely affected by the retrospective effect to these provisions. 

    Sd/-
    (Sangeeta Singh)
    Director(S)
    [F.No. 25011/6/2000-AIS.II]




    Footnote:- The principal rules were published in the Gazette of India vide Notification No. 728 dated 18.8.1958 (Extra-Ordinary Part II Section 3,Sub-Section (I). 
    They have been subsequently amended by the following notifications.

    Sl.No

    GSR No.

    Date

    1.

    526

    4.9.64

    2.

    527

    3.4.65

    3.

    528

    3.4.65

    4.

    529

    3.4.65

    5.

    572

    17.4.65

    6.

    215

    12.2.65

    7.

    1915

    17.2.66

    8.

    590

    3.3.68

    9.

    687

    6.7.74

    10.

    755

    2.7.74

    11.

    946

    7.9.74

    12.

    27(E)

    24.1.75

    13.

    724

    14.6.75

    14.

    2264

    23.8.75

    15.

    2635

    8.11.75

    16.

    2030

    20.12.75

    17.

    128

    31.1.76

    18.

    196

    14.2.76

    19.

    316

    6.3.76

    20.

    504

    10.4.76

    21.

    758

    5.6.76

    22.

    757

    5.6.76

    23.

    1182

    14.8.76

    24.

    1765

    25.12.76

    25.

    579

    7.5.77

    26.

    830

    2.7.77

    27.

    831

    2.7.77

    28.

    1598

    26.11.77

    29.

    1700

    24.12.77

    30.

    252

    18.2.78

    31.

    253

    18.2.78

    32.

    460

    8.4.78

    33.

    924

    22.7.78

    34.

    922

    22.7.78

    35.

    214

    2.1.79

    36.

    161

    3.2.79

    37.

    373

    3.2.79

    38.

    1151

    15.9.79

    39.

    1291

    22.10.79

    40.

    512

    10.5.80

    41.

    545

    17.5.80

    42.

    546

    17.5.80

    43.

    978

    27.9.80

    44.

    248

    7.3.81

    45.

    276

    14.3.81

    46.

    705

    1.8.81

    47.

    293

    9.1.83

    48.

    557

    3.7.83

    49.

    712

    1.10.83

    50.

    33

    21.1.84

    51.

    559

    15.6.85

    52.

    813

    31.8.85

    53.

    275

    22.5.87

    54.

    343

    3.4.88

    55.

    567

    16.7.88

    56.

    91

    25.2.89

    57.

    420

    21.2.90

    58.

    101

    16.2.91

    59.

    2890

    23.11.91

    60.

    308

    19.6.93

    61.

    271

    6.07.96

    62.

    717(E)

    19.12.97

    63.

    718(E)

    19.12.97

    64.

    249(E)

    13.5.98

    65.

    252(E)

    18.5.98

    66.

    259(E)

    22.5.98

    67.

    548(E)

    31.8.98

    68.

    719(E)

    7.12.98

    69.

    35(E)

    14.1.99

    70.

    702(E)

    1.9.2000

    71.

    355(E)

    14.5.01

    72.

    524(E)

    11.7.01

    73.

    49(E)

    18.1.02

    Sd/-
    (Sangeeta Singh)
    Director(S)

     

    To
    The Manager,
    Government of India Press,
    Mayapuri,
    NEW DELHI.