Family Definition under GPF, Gratuity, TA etc.

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FAMILY DEFINITION

 UNDER G.P.FUND RULES

 

 (c) “Family” means-

 

(I) in the case of a male subscriber, the wife or wives and children of a subscriber, and the widow, or widows, and children of a deceased son of the subscriber; provided that if a subscriber proves that his wife has been judicially separated from him or has ceased under the customary law of the community to which she belongs to be entitled to maintenance she shall henceforth be deemed to be no longer a member of the subscriber’s family in matters to which these rules relate, unless the subscriber subsequently indicates by express notification in writing to the Accounts Officer that she shall continue to be so regarded;

(ii) In the case of a female subscriber, the husband and children of a subscriber, and the widow or widows and children of a deceased son of a subscriber.

Provided that if a subscriber by notification in writing to the Accounts Officer expresses her desire to exclude her husband from her family, the husband shall henceforth be deemed to be no longer a member of the subscriber’s family in matters to which these rules relate, unless the subscriber subsequently cancels formally in writing her notification excluding him.

(Explanation 2—An adopted child shall be considered to be a child only when the Accounts Officer, or if any doubt arises in the mind of the Accounts Officer, the Solicitor to Government, Punjab, is satisfied that under the law applicable to the subscriber adoption is legally recognized as conferring the status of a natural child.)

(Explanation 3— In a case in which a person has given his child in adoption to another person and if, under the law applicable to the adaptor, adoption is legally recognized as conferring the status of a natural child, such a child shall for the purposes of these rules be considered as excluded from the family of the ‘natural father).

 (B) Gratuity

4.7. (1) The term “family” for the purpose of payment of gratuity under this section shall

include the following relatives of the Government servants.

a.Wife or wives, in the case of a male Government servant;

  1. Husband in the case of a female Government servant;
  2. Children of the Government servant;
  3. Widow or widows and children of a deceased son of the Government servant.

Not (i): A child means a legitimate child or an “adopted child” if under the personal law of the Government servant concerned adoption is legally recognized as conferring the status of a natural child.

Note (ii): If it is proved that the wife has been judicially separated from the Government servant or has ceased under the customary law of the community to which she belongs to De entitled to maintenance, she will no longer be deemed to be a member of the family unless the Government servant has himself intimated in writing to the Accounts Officer/Head of the Office that she will continue to be so regarded.

Note (iii) In the case of a female Government servant, if the wife intimates in writing to the Accounts Officer/Head of the Office that her husband should not be included as a member of the family, then he will no longer be considered a member of the family unless subsequently she cancels in writing her intimation excluding him.

(2) A Government servant may, as soon as he/she completes 5 years qualifying service make nomination conferring on one or more members of his/her family, or if he/she has no family, on one or of more persons, the right to receive any gratuity that may be sanctioned under rule 4.6 and any gratuity which having become admissible to him/her has not been paid to him/her before death.

4.8. When the amount of gratuity has become payable it shall be the duty of the Accounts Officer to make payment according to the following procedure:

  1. The amount of the gratuity or any part thereof to which the nomination relates, shall become payable to his/her nominee or nominees in the proportion specified in the nomination;
  2. If nomination relates only to a part of the amount of the gratuity, the part to which it does not relate shall be distributed equally only among the members of the family other than the nominees;
  3. If no valid nomination subsists, the whole amount of the gratuity shall become payable to the members of his/ her family in equal shares:

Provided that in case of {b) or (c) above no share shall be payable to:

  1. Sons who have attained the age of 24 year;
  2. Sons of a deceased son who have attained the age of 24 years

iii. Married daughters whose husbands are alive, and

  1. Married daughters of a deceased son where husbands are alive:

if there is any member of the family other than those specified in sub-clauses (i), (ii), (iii) and (iv) above:           

Provided further that the widow or widows and the child or children of a deceased son shall receive between them in equal parts only the share which that son would have received if he had survived that Government Servant and had been exempted from the operation of the first Proviso.

  1. When the Government Servant leaves no family and the whole or part of the gratuity is not covered by a valid nomination the amount of gratuity shall be payable to the following surviving relatives, if any, of the Government Servant in equal shares:–
  1. brothers below the age of 21 years;
  2. Unmarried and windowed sisters
  3. father; and
  4. mother

Note: In the absence of any other eligible claimant gratuity would be payable to the sons and daughters of the deceased Government Servant in equal shares even if the sons are over 24 years old and the daughters are married and their husbands are alive. 

(C) Family Pension 

4.9.      No gratuity will be payable by government after the death of.

  1. Government Servant if he/she does not leave a valid nomination or a family as defined in sub-rule (1) of rule 4.7 or an eligible-dependent relative or relatives specified in clause (d) of rule 4.8. husband, if the deceased is a female Government servant.
  1. If the Government servant had more than one wife, and the number of his surviving widows and children does not exceed 4, the pension shall be divided equally among the surviving widows and eligible children. If the number of surviving widows and children together is more than 4, the pension shall be divided in the following manner, viz.] each surviving widow shall get 1 /4th of the pension and the balance (if any) shall be divided equally among the surviving eligible children. Distribution in the above manner shall also take place whenever the Government servant leaves behind surviving children of a wife that has predeceased him in addition to the widow and her children, if any.
  1. In the case of a female Government servant leaving behind children from a former marriage in addition to her husband and children by her surviving husband, the amount of pension shall be divided equally among the husband and all eligible children. In case the total number of beneficiaries exceeds four, the husband shall be allowed 1/4th of the pension and the remaining amount distributed equally among the eligible children.

Failing a widow or husband, as the case may be, the pension shall be divided equal among the surviving sons not above 24 years and unmarried daughters.

Note: In working out the share of the various heirs under sub-clause (A)(/) and (//), the amount should be calculated to he nearest paisa.

iii. Failing (/) and (//), to the eldest widowed daughter;

  1. Failing (I) to (///”), to the eldest widow of a deceased son of the Government servant;
  2. Failing (/) to (iv), to the eldest surviving son of a deceased son of the Government servant;
  3. Failing (/) to (v), to the eldest unmarried daughter of a deceased son of the Government servant;

vii. Failing these, to the eldest widowed daughter of a deceased son of the Government

servant.`

(B) If the family pension is not payable under clause (A), may be granted:–

  1.   to the father;
  2. failing the father, to the mother;

iii. failing the father and the mother, to the eldest surviving brother below the age of 21 years;

  1. Failing (i) to (iii) to the eldest surviving unmarried sister, if the eldest sister married or dies then the next eldest.
  2. Failing (/) to (iv) to the eldest surviving widowed sister;

(3) No family pension shall be payable under this section

  1. to an unmarried female member of a Government servant’s family in the event of her marriage;
  1. to a widowed female member of a Government servant’s family in the event of her re-marriage;
  2. to the brother of a Government servant on his attaining the age of 21 years;
  3. to a person who is not member of a Government servant’s family.

CIVIL SERVICE RULES

Family means a Government servant’s —

  1. wives,
  2. legitimate children and step-children less than 12 years old,

iii. legitimate children and step-children not less than 12 years old, if residing with and wholly dependent upon him, and

  1. Except in rules 2.91, 2.99, 2.139, 2.140 and 2.149 of Travelling Allowance Rules, parents, sisters, and minor brothers if residing with and wholly dependent upon him.

NOTE 1.–Wives and only those sons, who have not attained the age of

24 years and are wholly dependent on and residing with the

Government servant, are included in a family for the purposes of these

rules.

NOTE 2.-The term “legitimate children” in this rule does not include

adopted children except those adopted under the Hindu Law.

NOTE 3-Married, divorced or widowed daughters and not ordinarily

included in the term “family” but any specific cases which may arise

will be decided by the competent authority on their merits.

WELFARE FUND

(a)  “family” in relation to a Government servant means his or her–

                       (i)  wife or wives or husband, as the case may be;

                       (ii)  legitimate children and step children less than twelve years old;

                       (iii)  legitimate children and step children not less than twelve years old, if residing with and wholly dependent upon him or her; and

                       (iv)  parents, sisters and minor brothers, if residing with and wholly dependant upon him or her

                       The person in whose favour the succession certificate is issued by the competent court of law.

T.A. RULES

  1. g) “Family” means a civil servant’s:
  1. i) wife or wives, or husband as the case may be;
  2. ii) legitimate children and stepchildren under 12 years of age;

iii) legitimate children and step-children *(more than 12 years old but) not more than 24 years old, if residing with and wholly dependent upon him; and

  1. iv) adopted child not more than 24 years old subject to the following conditions:

(a) the civil servant has no legitimate or step-child of his own;

(b) prior approval of the Government is obtained for having adopted the child;

(c) Government’s liability will be restricted to one adopted child only;

(d) adopted child will cease to be a member of the family if after his adoption, the civil servant has a legitimate or step-child of his own; and

(e) adopted child is residing with and is wholly dependent upon him.

Explanation — A child not actually residing with a civil servant but residing in the same station where the headquarters of the civil servant is situated shall be deemed to be residing with the civil servant.

 

 

 

 

 

 

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