Nominations for payment of Gratuity under Central Civil Services (Pension) Rules, 2021: DoP&PW OM dated 11-10-2022
No. – 28/91/2022 -P&PW(B)/8331
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Pension and Pensioners’ Welfare
3rd Floor. Lok Nayak Bhavan, Khan Market,
New Delhi, Dated the 11th October, 2022
OFFICE MEMORANDUM
Subject: Nominations for payment of Gratuity under Central Civil Services (Pension) Rules, 2021-reg.
The undersigned is directed to say that Department of Pension and Pensioners’ Welfare has notified the Central Civil Services (Pension) Rules, 2021 in supersession of the Central Civil Service (Pension) Rules, 1972. Rule 46 of the Central Civil Service (Pension) Rules, 2021 deals with nominations for conferring the right to receive gratuity payable under rule 45.
2. As per Explanation below Rule 45, family for the purpose of payment of gratuity means:
(i) Wife or wives including judicially separated wife or wives in the case of a male Government servant;
(ii) Husband, including judicially separated husband in the ease of a female Government servant,
(iii) sons including stepsons and adopted sons:
(iv) unmarried daughters including stepdaughters and adopted daughters;
(v) widowed or divorced daughters including stepdaughters and adapted daughters;
(vi) father including adaptive parents in the case of individuals whose personal law permits adoption;
(vii) mother including adoptive parents in the case of individuals whose personal law permits adoption;
(viii) brothers including stepbrothers who are suffering from any disorder or disability of mind including the mentally retarded or physically crippled or disabled without any limit of age and brothers, including stepbrothers, below the age of eighteen years, in other cases;
(ix) unmarried sisters, widowed sisters and divorced sisters including stepsisters;
(x) married daughters; and
(x)) children of a pre-deceased son.
Rule 46 inter alia provides that if the Government servant has one or more: members of family as mentioned above, the nomination shall be in favour of any member or members of his family.
3. If the Government servant has no family, the nomination can be made in favour of a person or persons, or a body of individuals, whether incorporated or not.
4. The Government servant shall specify in the nomination the share of each nominee, the Government servant shall also specify the name and details of the other person(s) (alternate nominee) to whom the right conferred on a nominee shall pass if the nominee predeceases the Government servant or dies after the death of the Government servant but before receiving the payment of gratuity
5, Where a Government servant has no family at the time of making a Nomination, any nomination made by the Government servant in favour of a person or acquires of individuals shall become invalid, if the Government servant subsequently acquires a family . Nomination made by an unmarried Government servant in favour of any member of his family shall not become invalid on his or her marriage, unless the Government servant cancels the earlier nomination and files a fresh nomination.
6. It is the responsibility of the lead of Office to verify that the nomination made by the Government servant is in accordance with the provisions of the rule and, if the Government servant has a family, the nomination made is in favour or more memories of the family. The Head of Office may, however, authorize his subordinate Gazetted Officers to countersign nomination forms of non-gazetted Government servants. The Head of Office or the authorised officer shall, thereafter, countersign the nominally indicating the date of receipt and keep it under his custody. He will also make suitable entry of nomination in the service book of the Government servant concerned, A duly signed copy of the nomination form shall be returned to the Government servant for keeping it in his safe custody.
7. All Ministries/Departments are requested ‘that the above provisions regarding nominations for Gray under Central Civil Services (Pension) Rules, 2021 may be brought to the notice of the personnel dealing, with the pensionary benefits in the Ministries/ Department and attached/ subordinate offices thereunder, for strict implementation.
(S. Chkrabarti)
Under Secretary to the Govt. of India
To
All Ministries/Departments/Organisations.
(As per standard list)
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