CHAPTER

(1) At any time after a Government servant has completed thirty years' qualifying service -

(a)	he may retire from service, or
(b)	he may be required by the appointing authority to retire in the public interest, and in the case of such retirement the Government servant shall be entitled to a retiring pension :

(a)	a Government servant shall give a notice in writing to the appointing authority at least three months before the date on which he wishes to retire; and
(b)	the appointing authority may also give a notice in writing to a Government servant at least three months before the date on which he is required to retire in the public interest or three months' pay and allowances in lieu of such notice :

²Provided further that where the Government servant giving notice under clause (a) of the preceding proviso is under suspension, it shall be open to the appointing authority to withhold permission to such Government servant to retire under this rule :

³Provided further that the provisions of clause (a) of this sub-rule shall not apply to a Government servant, including scientist or technical expert who is -

(i)	on assignments under the Indian Technical and Economic Cooperation (ITEC) Programme of the Ministry of External Affairs and other aid programmes,
(ii)	posted abroad in foreign based offices of the Ministries/Departments,
(iii)	on a specific contract assignment to a foreign Government,

unless, after having been transferred to India, he has resumed the charge of the post in India and served for a period of not less than one year.

¹(1-A)	(a)	A Government servant referred to in clause (a) of the first proviso to sub-rule (1) may make a request in writing to the appointing authority to accept notice of less than three months giving reasons therefor.
	(b)	On receipt of a request under clause (a) the appointing authority may consider such request for the curtailment of the period of notice of three months on merits and if it is satisfied that the curtailment of the period of notice will not cause any administrative inconvenience, appointing authority may relax the requirement of notice of three months on the condition that the Government servant shall not apply for commutation of a part of his pension before the expiry of the period of notice of three months.

(2) A Government servant, who has elected to retire under this rule and has given the necessary intimation to that effect to the appointing authority, shall be precluded from withdrawing his election subsequently except with the specific approval of such authority :

Provided that the request for withdrawal shall be within the intended date of his retirement.

⁴(3) For the purpose of this rule the expression 'appointing authority' shall mean the authority which is competent to make appointments to the service or post from which the Government servant retires.

For consolidated instructions regarding premature retirement of Government servants refer appendix 10 of CCS(Pension) rules book

Footnote : 1. Inserted by G.I., Dept. of Per. & A.R., Notification No. 31/3/80-Pension Unit, dated the 5th March, 1981.
                2. Inserted by G.I., M.F., Notification No. 6 (8)-E. V (A)/73, dated the 25th January, 1974.
                3. Inserted by G.I., Dept. of P. & P.W., Notification No. 38/15/85-Pension Unit, dated the 1st July, 1985, published as S.O. No. 3324 in the Gazette of India, dated the 20th July, 1985 and takes effect from that date.
                4. Inserted by G.I., M.F., Notification No. 7 (10)-E. V (A)/77, dated the 31st August, 1977.

(1) At any time after a Government servant has completed twenty years' qualifying service, he may, by giving notice of not less than three months in writing to the appointing authority, retire from service.

⁴Provided that this sub-rule shall not apply to a Government servant, including scientist or technical expert who is -

(i)	on assignments under the Indian Technical and Economic Cooperation (ITEC) Programme of the Ministry of External Affairs and other aid programmes,
(ii)	posted abroad in foreign based offices of the Ministries/Departments,
(iii)	on a specific contract assignment to a foreign Government,

unless, after having been transferred to India, he has resumed the charge of the post in India and served for a period of not less than one year.

(2) The notice of voluntary retirement given under sub-rule (1) shall require acceptance by the appointing authority :

Provided that where the appointing authority does not refuse to grant the permission for retirement before the expiry of the period specified in the said notice, the retirement shall become effective from the date of expiry of the said period.

²(3-A)	(a)	Government servant referred to in sub-rule (1) may make a request in writing to the appointing authority to accept notice of voluntary retirement of less than three months giving reasons therefor ;
	(b)	on receipt of a request under clause (a), the appointing authority subject to the provisions of sub-rule (2), may consider such request for the curtailment of the period of notice of three months on merits and if it is satisfied that the curtailment of the period of notice will not cause any administrative inconvenience, the appointing authority may relax the requirement of notice of three months on the condition that the Government servant shall not apply for commutation of a part of his pension before the expiry of the period of notice of three months.

(4) Government servant, who has elected to retire under this rule and has given the necessary notice to that effect to the appointing authority, shall be precluded from withdrawing his notice except with the specific approval of such authority :

Provided that the request for withdrawal shall be made before the intended date of his retirement.

(5) The pension and ⁵[retirement gratuity] of the Government servant retiring under this rule shall be based on the emoluments as defined under Rules 33 and 34 and the increase not exceeding five years in his qualifying service shall not entitle him to any notional fixation of pay for purposes of calculating pension and gratuity.

(a)	retires under Rule 29, or
(b)	retires from Government service for being absorbed permanently in an autonomous body of a public sector undertaking to which he is on deputation at the time of seeking voluntary retirement.

EXPLANATION. - For the purpose of this rule the expression "appointing authority" shall mean the authority which is competent to make appointments to the service or post from which the Government servant seeks voluntary retirement.

Footnote : 1. Deleted by G.I., Dept. of Per. & A.R., Notification No. 32/2/83-Pension Unit, dated the 26th August, 1983. Takes effect from the 10th September, 1983.
                 2. Inserted by G.I., Dept. of Per. & A.R., Notification No. 31/3/80-Pension Unit, dated the 5th March, 1981.
                 3. Inserted by G.I., M.F., Notification No. 7(2)-E.V(A)/73,dated 28th November,1978.
                 4. Inserted by G.I., Dept. of P. & P.W., Notification No. 38/15/85-Pension Unit, dated the 1st July, 1985, published as S.O. No. 3324 in the Gazette of India, dated the 20th July, 1985 and takes effect from that date.
                5. Substituted vide G.I., Dept. of P. & P.W., Notification No. 2/18/87 P. & P.W. (PIC), dated the 20th July, 1988. Published as S.O. No. 2388 in the Gazettee of India, dated the 6th August, 1988.

(i) Retirement without returning to duty while on Leave not due. - If a Government servant retires under the scheme of voluntary retirement while he is on leave not due, without returning to duty, the retirement shall take effect from the date of commencement of the leave not due and the leave salary paid in respect of such leave not due shall be recovered as provided in Rule 31 of the CCS (Leave) Rules, 1972.

(ii) Verification of qualifying service before giving notice. - Before a Government servant gives notice of voluntary retirement with reference to Rule 48-A, of CCS(Pension) Rules 1972 he should satisfy himself by means of a reference to the appropriate administrative authority that he has, in fact, completed twenty years' service qualifying for pension.

In order to ensure the correctness of the length of qualifying service for pension under the new scheme, it has been decided that the instructions contained in DP & AR's OM-No 25013/14/77-estt(A) dated 5th January 1978, as amended from time to time, shall be followed.

(iii) Guidelines for acceptance of notice. - A notice of voluntary retirement given after completion of twenty years' qualifying service will require acceptance by the appointing authority if the date of retirement on the expiry of the notice would be earlier than the date on which the Government servant concerned could have retired voluntarily under the existing rules applicable to him [e.g., FR 56 (k), Rule 48 of the CCS(Pension) Rules,1972, Article 459 of CSRs or any other similar rule]. Such acceptance may be generally given in all cases except those (a) in which disciplinary proceedings are pending or contemplated against the Government servant concerned for the imposition of a major penalty and the disciplinary authority, having regard to the circumstances of the case, is of the view that the imposition of the penalty of removal or dismissal from service would be warranted in the case, or (b) in which prosecution is contemplated or may have been launched in a Court of Law against the Government servant concerned. If it is proposed to accept the notice of voluntary retirement even in such cases, approval of the Minister-in-charge should be obtained in regard to Group `A' and Group `B' Government servants and that of the Head of the Department in the cases of Group `C' and Group `D' Government servants. Even where the notice of voluntary retirement given by a Government servant requires acceptance by the appointing authority, the Government servant giving notice may presume acceptance and the retirement shall be effective in terms of the notice unless, the competent authority issues an order to the contrary before the expiry of the period of notice.

(iv) Pension subject to future good conduct. - The pension will be subject to the provisions of Rules 8 and 9 of CCS(Pension) Rules, 1972.these Rules.

(v) Availing leave standing to credit along with notice period. - A Government servant giving notice of voluntary retirement may also apply, before the expiry of the notice, for the leave standing to his credit which may be granted to him to run concurrently with the period of notice.

[G.I., Dept. of Per. & A.R., O.M. No. 25013/7/77-Estt. (A), dated the 26th August, 1977, O.M. No. 25013/3/79-Ests. (A), dated the 28th July, 1979 and O.M. No. 25013/10/85-Estt. (A), dated the 5th July, 1985, DP & T 's OM No. 25013/3/2003-Estt. A dated 17th June 2003

Extra-ordinary leave is not termed as leave standing to his credit and therefore, it can not run correctly with the period of notice given by him for seeking voluntary Retirement. In case, a Government servant applies for voluntary Retirement while already on extra-ordinary leave other than on medical ground, the notice period need not be insisted upon and has request may be accepted with immediate effect provided he is clear from vigilance angle. However, If a Government servant while already on extra-ordinary leave on medical ground, applied for voluntary retirement, the notice period , if any given may be accepted and he may be allowed to retire after the expiry of the notice period subject to vigilance clearance.

2. Temporary employees are also eligible to seek volunteer Retirement on completion of 20 years qualifying service refer tp Rule 10 of CCS(TS) Rules, 1965.

(1) The qualifying service as on the date of intended retirement of the Government servant retiring under Rule 48 (1) (a) or Rule 48-A or Clause (k) of Rule 56 of the Fundamental Rules or Clause (i) of Article 459 of the Civil Service Regulations, with or without permission shall be increased by the period not exceeding five years, subject to the condition that the total qualifying service rendered by the Government servant does not in any case exceed thirty-three years and it does not take him beyond the date of superannuation.

(2) The weightage of five years under sub-rule (1) shall not be admissible in cases of those Government servants who are prematurely retired by the Government in the public interest under Rule 48 (1) (b) or FR 56 (j).

Footnote : 1. G.I., Dept. of Per. & A.R. Notification No. 32/4/83-Pension Unit, dated the 26th August, 1983. Takes effect from the 10th September, 1983.

(1) The qualifying service of Pioneers as on the date of retirement, retiring under the 2nd proviso to Clause (e) of Rule 56 of the Fundamental Rules or 1st proviso of Clause (f) of Article 459 of the Civil Service Regulations shall be increased by the period not exceeding 5 years, subject to the condition that the total qualifying service rendered by the Government servant does not in any case exceed 33 years.

(2) The qualifying service of the Pioneers as on the date of retirement, retiring under the 3rd proviso of Clause (e) of Rule 56 of the Fundamental Rules or the 2nd proviso to Clause (f) of Article 459 of the Civil Service Regulations shall be increased by the period not exceeding 5 years, subject to the condition that the total qualifying service rendered by the Government servant does not in any case exceed 33 years and it does not take him beyond the date of superannuation.

(3) The provision in sub-rule (1) and sub-rule (2) will be without prejudice to the provisions contained in Rule 48-B in the event of the Pioneers seeking voluntary retirement under the relevant rules mentioned therein and subject to their fulfilment of the conditions prescribed by those rules.]

Footnote : 1.Inserted by G.I., Dept. of Pen. & P.W., Notification No. 38/66/93-P. & P.W. (A), dated the 13th September, 1993.

⁵[ (1) In the case of a Government servant retiring in accordance with the provisions of these rules before completing qualifying service of ten years, the amount of service gratuity shall be calculated at the rate of half month's emoluments for every completed six monthly period of qualifying service.

²(3) In calculating the length of qualifying service, fraction of a year equal to ³[three months] and above shall be treated as a completed one half-year and reckoned as qualifying service.

²(4) The amount of pension finally determined under Clause (a) or Clause (b) of sub-rule (2), shall be expressed in whole rupees and where the pension contains a fraction of a rupee it shall be rounded off to the next higher rupee.

Footnote : 1. Substituted vide G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. & P.W. (PIC), dated the 20th July, 1988. Published as S.O. No. 2388 in the Gazette of India, dated the 6th August, 1988. Takes effect from 1st January, 1986.
                 2. Substituted by G.I., Dept. of Per. & A.R., Notification No. F. 38 (4)-Pen. (A)/80, dated the 8th August, 1980.
                 3. Substituted by G.I., Dept. of Per. & A.R., Notification No. 32/4/83-Pension Unit, dated the 26th August, 1983. Takes effect from 28th June 1983.
                 4. Deleted by G.I., Dept. of Per. & A.R., Notification No. F. 38 (4)-Pen. (A)/80, dated the 8th August, 1980.
                 5. Substituted vide G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. & P.W. (PIC), dated the 20th July, 1988. Published as S.O. No. 2388 in the Gazette of India, dated the 6th August, 1988. Takes effect from 1st January, 1986.

(1) Final amount of service gratuity to be rounded off to the next higher rupee. - With a view to simplifying the procedure for payment of service gratuity as admissible under Rule 49 (1) of the CCS (Pension) Rules, 1972, it has been decided that the amount of service gratuity as finally calculated should be rounded off to the next higher rupee.

[G.I., Dept. of P. & P.W., O.M. No. 7 (12)/85-P. & P.W., dated the 30th September, 1986.]

(2) Three months and above but less than six months treated as one - half year. - The intention of sub-rule (3) of Rule 49 is that the period of three months and above but less than six months would be treated as a completed one-half year and reckoned as qualifying service for determining of pension. The period of nine months would, therefore, be two half years.

[D.O. No. 28 (15)/83-PU, dated the 13th October, 1983, from Shri K.S. Mahadevan, Under Secretary to the Government of India, Ministry of Home Affairs, addressed to Shri P. Muthuswamy.]

(a)	In respect of family pension where the pension is payable to more than one person each share containing a fraction of a rupee ; and
(b)	In respect of pension paid for a part of a month due to the death of a pensioner or for any other reasons where pension and relief thereon becomes payable in fraction of a rupee.

2. The matter has been examined in consultation with Department of Pension and PW and it is clarified that in respect of (a) above each share of family pension resulting in a fraction of a rupee may be rounded off to next higher rupee except in cases where family pension, if all the shares are put together exceed the maximum limit of family pension admissible. However in the exceptional and rare cases where the shares of family pension rounded as above when added cause an excess over the maximum limit, such cases should be referred to the Department of Pension and PW and decided in consultation with that Department.

In respect of (b) above also the payment of pension for part of a month if worked out in fraction of a rupee may be rounded off to the next higher rupee.

[G.I., M.F., O.M. No. G-19011/2/90-MF-CGA/Pen./635, dated the 9th October, 1990.]

Clarification. - *** The matter has been re-examined in consultation with the Department of Pension and Pensioners' Welfare and it is clarified that the expression, "maximum family pension" should be understood to mean not the whole amount of family pension payable in each case but the maximum family pension admissible under the rules, i.e., Rs. 1,250 at ordinary rates and Rs. 2,500 at enhanced rates. The cases of family pension may, therefore, be decided accordingly before making reference to the Department of Pension and Pensioners' Welfare.

[G.I., M.F., O.M. No. G. 19011/2/90-MF-CGA/Pension/605, dated the 8th December, 1992.]

Provided that the amount of retirement gratuity or death gratuity payable under this rule shall in no case exceed ²[two lakh and fifty thousand rupees;]

Provided further that where the amount of retirement or death gratuity as finally calculated contains a fraction of a rupee, it shall be rounded off to the next higher rupee.]

(2) If a Government servant, who has become eligible for a service gratuity or pension, dies within five years from the date of his retirement from service including compulsory retirement as a penalty and the sums actually received by him at the time of his death on account of such gratuity or pension including ad hoc increase, if any, together with the ²[ ] retirement gratuity admissible under sub-rule (1) and the commuted value of any portion of pension commuted by him are less than the amount equal to 12 times of his emoluments, a residuary gratuity equal to the deficiency may be granted to his family in the manner indicated in sub-rule (1) of Rule 51.

(5) The emoluments for the purpose of gratuity admissible under this rule, ⁵[ ] shall be reckoned in accordance with Rule 33:

⁶[Provided that if the emoluments of a Government servant have been reduced during the last ten months of his service otherwise than as a penalty, average emoluments as referred to in Rule 34 shall be treated as emolument.]

(6) For the purposes of this rule and Rule 51,52 and 53, `family', in relation to a Government servant, means -

Footnote ; 1.Substituted vide G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. & P.W. (PIC), dated the 20th July, 1988, published in the Gazette of India as S.O. No. 2388, dated the 6th August, 1988. Takes effect from the 1st January, 1986.
                2. Substituted by G.I., Dept. of Pen. & P.W., Notification No. 7/3/95-P & PW (F), dated the 17th March, 1997. This takes effect from 1st April, 1995.
                3. Deleted by G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. & P.W. (PIC), dated the 20th July, 1988, published in the Gazette of India as S.O. No. 2388, dated the 6th August, 1988.
                4. Deleted by G.I., Dept. of Per. & A.R., Notification No. 6 (1) Pension (A)/79, dated the 19th May, 1980.
                5. Deleted by G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. & P.W. (PIC), dated the 20th July, 1988, published in the Gazette of India as S.O. No. 2388, dated the 6th August, 1988.
                6. Substituted by G.I., Dept. of Per. & A.R., Notification No. 6 (1), Pen. (A)/79, dated the 19th May, 1980.
                7. Inserted by G.I., M.F., Notification No. 7 (3)-E. V (B)/74, dated the 10th September, 1974.

(2) Benefits admissible in cases of suicide also. - The Pension Rules do not prohibit the grant of family pension/death gratuity to the family of a Government servant who commits suicide.

(4) Determination of Death Gratuity when service records are incomplete. - (i) If the deceased Government servant had, at the time of death, rendered more than five years qualifying service but less than twenty years qualifying service, and the spell of last five years service has been verified and accepted by the Head of Office, the amount of death gratuity shall be equal to 12 times of deceased Government servant's emoluments as indicated in clause (b) of sub-rule (1) of Rule 50. Where the verified and accepted service is less than five years of qualifying service, the amount of death gratuity shall be equal to twice or six times of his emoluments as indicated in clause (b) of sub-rule (1) of Rule 50.

(ii) If the deceased Government servant had rendered more than twenty years of service and the entire service is not capable of being verified and accepted, but the service for the last five years has been verified and accepted under sub-clause (i), the family of the deceased Government servant shall be allowed on provisional basis the death gratuity equal to 12 times of the emoluments. Final amount of the gratuity shall be determined by the Head of Office on the basis of the entire spell of service which may be verified and accepted by the Head of Office within a period of six months from the date on which the authority for the payment of provisional gratuity was issued. The balance, if any, becoming payable as a result of determination of the final amount of death gratuity shall then be authorised to the beneficiary or beneficiaries.

[G.I., M.F., O.M. No. F. 11 (9)-E. V (A)/77, dated the 15th February, 1979 - Para. 3 (B) amended.]

(6) Extension of Retirement/Death Gratuity benefits to employees governed by CPF Scheme. - 1. Central Government employees who are subscribing to Contributory Provident Fund are not at present eligible for Death/Retirement Gratuity admissible to the employees on pensionable establishments. The Fourth Central Pay Commission have recommended that the benefit of Death/Retirement Gratuity may be extended to the Central Government employees governed by CPF Scheme on the same lines as it has been in operation in the case of Railway employees.

2. Orders are separately being issued that all CPF beneficiaries, who were in service on 1-1-1986, should be deemed to have come over to the Pension Scheme on and from that date unless they specifically opt out to continue under the CPF Scheme. In the case of Central Government employees who will continue under the CPF Scheme from 1-1-1986, it has been decided that they will be entitled to retirement gratuity and death gratuity at the same rate/scale as is admissible to temporary/quasi-permanent or permanent Government servants, as the case may be, borne on pensionable establishment.

3. These orders apply to all Civilian Central Government employees who are subscribing to the Contributory Provident Fund under the Contributory Provident Fund Rules (India), 1962. In the case of subscriber to other contributory provident funds, where similar provisions are not at present available, necessary orders will be issued by the respective administrative authorities. The concerned Administrative Ministries are advised to issue these orders is consultation with the Department of Pension and Pensioners' Welfare.

4. These orders do not apply to Central Government employees who, on re-employment, are allowed to subscribe to Contributory Provident Fund. These orders also do not apply to Central Government employees appointed on contract basis where the contribution to the Contributory Provident Fund is regulated in accordance with the terms of contract.

5. These orders issue with the concurrence of Ministry of Finance, Department of Expenditure, vide their U.O. No. 2038/JS (Pers)/87, dated 13-4-1987.

(2) If a Government servant dies after retirement without receiving the gratuity admissible under sub-rule (1) of Rule 50 the gratuity shall be disbursed to the family in the manner indicated in sub-rule (1).

(3) The right of a female member of the family, or that of a brother, of a Government servant who dies while in service or after retirement, to receive the share of gratuity shall not be affected if the female member marries or re-marries, or the brother attains the age of eighteen years, after the death of the Government servant and before receiving her or his share of the gratuity.

(4) Where gratuity is granted under Rule 50 to a minor member of the family of the deceased Government servant, it shall be payable to the guardian on behalf of the minor.

(1) Share of a nominee who dies or becomes disqualified to be distributed equally among the others. - A question has been raised whether the shares of the members of the family of the deceased Government servant who are alive on the date of death of the Government servant, but die or become disqualified before the date on which the amount of the gratuity is actually disbursed, should be divided among the surviving members and the legal heirs of the members who in the meantime have died. The position in the matter is explained below -

Death/retirement gratuity is in the nature of a gift. Section 122 of the Transfer of Property Act, 1882, provides that if the donee of a gift dies before acceptance, the gift is void. In other words, the donee must be alive on the date of the gift and the representative of a person deceased at the date of the gift cannot take the gift from him. On this analogy the sanction of the gratuity in favour of a deceased person would also be void at law. It would not vest the gift in the pre-deceased donee and would not hence become part of his estate so as to pass on to his heirs by succession. It has accordingly been decided that, in the type of cases referred to, the share of the gratuity otherwise payable to a member of the family who has died or become disqualified before receiving actual payment, shall be distributed equally among the remaining members of the family.

Disbursing authorities should accordingly ascertain, before making actual payment of a death/retirement gratuity whether all the member of the family in whose favour the sanction was issued have continued to be qualified. If not, and if any of them is dead, the fact should be reported immediately to the sanctioning authority for the issue of a revised sanction in favour of the remaining members of the family.

(3) Payment of minor's share of death/retirement gratuity to guardian. - 1. Payment of the minor(s)' share of death/retirement gratuity is to be made to the natural guardian of the minor(s), and in the absence of a natural guardian, to the person who furnishes a guardianship certificate.

2. In a case where payment of the minor(s)' share of death/retirement gratuity is to be made to the natural/legal guardian, in order to issue the necessary payment authority in his/her favour, the Accounts Officer concerned must know this fact, as well as the name of the natural/legal guardian. If the above information is not given in the sanction letter, the Accounts Officer has to make enquiries on this point from the sanctioning authority, resulting in avoidable delay in the payment of death/retirement gratuity. To obviate such delays, the Ministry of Home Affairs, etc., are requested to ensure that in future in all cases of this nature the aforesaid particulars are given in the sanction letter itself.

3. The legal position as to whom the share of a minor in the capacity of minor's natural/legal guardian would be payable is explained as under -

NOTE. - A surviving stepmother is not a natural guardian of the minor child, and is not, therefore, covered by the term `surviving parent' used in para. 3 (1) (a) above.

(4) Special relaxation for payment of minor's share without guardianship certificate, up to the extent of Rs. 10,000. - 1. Decision No. (3) lays down that the payment of a minor's share of death/retirement gratuity is to be made to the person producing a guardianship certificate when there is no surviving parent or the surviving parent is a Muslim lady. It has been represented that in many cases, the production of guardianship certificate causes great inconvenience and entails delays in the settlement of the claims.

2. It has been decided in modification of the above decision that payment of death/retirement gratuity to the extent of Rs. 10,000 (or the first Rs. 10,000 where the amount payable exceeds Rs. 10,000) in favour of a minor may be made to his/her guardian, in the absence of a natural guardian, without the production of a formal guardianship certificate but subject to the production of an indemnity bond with suitable sureties to the satisfaction of the sanctioning authority. The balance in excess of Rs. 10,000, if any, would become payable on the production of a certificate of guardianship.

3. It is essential, however, that there should be adequate prima facie grounds for making payment as in paragraph 2 above, to the person claiming it. Such ground can exist only if he is shown by a sworn declaration to be a de facto guardian and his bona fides have been ascertained. Even if a guardian has not yet been appointed by the Court, if the minor and his property are in the custody of some person, such person is in law a de facto guardian. The authorities making the payment should, therefore, require the person who comes forward to claim payment on behalf of the minor, to satisfy them by an affidavit that he is in charge of the property of the minor and is looking after it or that, if the minor has no property other than the gratuity, the minor is in his custody and care. The affidavit so to be produced is in addition to the indemnity bond with suitable sureties.

4. The indemnity bond which is to be required to be produced by a de facto guardian of minor(s) for payment of death/retirement gratuity to the extent of Rs. 10,000 should be executed in the form appended below.

5. It has been decided that the stamp duty payable on the indemnity bond will be borne by the Government. The indemnity bond should, therefore, be executed on any durable plain paper.

6. The indemnity bond should be signed by the obligor and the surety/sureties or their respective attorneys appointed by power(s) of attorney. The indemnity bond on behalf of the President should be accepted by an officer duly authorised under Article 209 (1) of the Constitution.

[G.I., M.F's., O.M. No. 10 (3)-E. V (A)/61, dated the 29th June, 1971, O.M. No. F. 10 (6)-E. V (A)/65, dated the 11th February, 1966 and Dept. of P. & P.W's, O.M. No. 7/9/89-P. & P.W. (D), dated the 5th July, 1989.]

KNOW ALL MEN by these presents that we (a)...............................(b)...................................the widow/son/brother, etc., of (c).........................deceased, resident of ....................................of .......................... and ...................... son/wife/daughter of .................. resident of ............................. the sureties for and on behalf of the Obligor (hereinafter called "the Sureties") are held firmly bound to the President of India (hereinafter called " the Government" ) in tthe sum of Rs........................ (Rupees...........................only) well and truly to be paid to the Government on demand and without a demur for which payment we bind ourselves and our respective heirs, executors, administrators, legal representatives, successors and assigns by these presents.

Signed this .................................day of ..............................two thousand and ...............................................

WHEREAS (c)..........................was at the time of his death in the employment of the Government/receiving a pension at the rate of Rs.......................(Rupees..............................only) per month from the Government.

AND WHEREAS the said (c).....................died on the .....................day of ..................... 20..... and there was due to him at the time of his death the sum of Rs.......................(Rupees .................................... only) for and towards share of his minor son/daughter in the death/retirement gratuity.

AND WHEREAS the Obligor claims to be entitled to the said sum as de facto guardian of the minor son/daughter of the said (c).......................but has not obtained till the date of these presents the certificate of guardianship from any competent Court of Law in respect of the said minor(s).

AND WHEREAS the Obligor has satisfied the (e).............................that he/she is entitled to the aforesaid sum and that it would cause undue delay and hardship if the Obligor be required to produce the certificate of guardianship from the competent Court of Law before payment to him of the said sum of Rs................................

AND WHEREAS the Government has no objection to the payment of the said sum to the Obligor but under Government Rules and Orders, it is necessary for the Obligor to first execute a bond with one surety/two sureties to indemnify the Government against all claims to the amount so due as aforesaid to the said (c).....................before the said sum can be paid to the Obligor.

AND WHEREAS the Obligor and at his/her request the surety/sureties have agreed to execute the bond in the terms and manner hereinafter contained.

NOW THE CONDITION OF THIS BOND is such that if after payment has been made to the Obligor, the Obligor and/or the surety/sureties shall in the event of a claim being made by any other person against the Government with respect to the aforesaid sum of Rs. refund to the Government the said sum of Rs.............................and shall otherwise indemnify and keep the Government harmless and indemnified against and from all liabilities in respect of the aforesaid sum and all costs incurred in consequence of the claim thereto THEN the above written bond or obligation shall be void and of no effect but otherwise it shall remain in full force, effect and virtue.

AND THESE PRESENTS ALSO WITNESS that the liability of the sureties hereunder shall not be impaired or discharged by reason of time being granted by or any forbearance act or omission of the Government whether with or without the knowledge or consent of the surety/sureties in respect of or in relation to the obligations or conditions to be performed or discharged by the Obligor or by any other method or thing whatsoever which under the law relating to sureties, shall but for this provision have the effect of so relating the surety/sureties from such liability nor shall it be necessary for the Government to sue the Obligor before suing the surety/sureties or either of them for the amount due hereunder, and the Government agrees to bear the stamp duty, if any, chargeable on these presents.

IN WITNESS WHEREOF the Obligor and the surety/sureties hereto have set and subscribed their respective hands hereunto on the day, month and year above written.

..............................................................................................................................................................................................
[Name and designation of the Officer directed or authorised, in pursuance of Article 299 (1) of the Constitution, to accept the bond for and on behalf of the President] in the presence of
.............................................................................................................................................................................................

(1) If a person who in the event of death of a Government servant while in service is eligible to receive gratuity in terms of Rule 51, is charged with the offence of murdering the Government servant or for abetting in the commission of such an offence, his claim to receive his share of gratuity shall remain suspended till the conclusion of the criminal proceedings instituted against him.

(2) If on the conclusion of the criminal proceedings referred to in sub-rule (1), the person concerned -

(a)	is convicted for the murder or abetting in the murder of the Government servant, he shall be debarred from receiving his share of gratuity which shall be payable to other eligible members of the family, if any,
(b)	is acquitted of the charge of murdering or abetting in the murder of the Government servant, his share of gratuity shall be payable to him.

(3) The provisions of sub-rule (1) and sub-rule (2) shall also apply to the undisbursed gratuity referred to in sub-rule (2) of Rule 51.

Footnote : 1. Inserted by G.I., Dept. of Per. & A.R., Notification No. 1 (5)-E. V (B)/Pen. (A)/78, dated the 25th August, 1980.

Where a Government servant dies while in service or after retirement without receiving the amount of gratuity and leaves behind no family and -

the amount of ³[retirement gratuity/death gratuity] payable in respect of such Government servant ⁴[under Rule 50 shall lapse to the Government :

Provided that the amount of death grauity/retirement gratuity shall be payable to the person in whose favour a Succession Certificate in respect of the gratuity in question has been granted by a Court of Law].

Footnote : 2. Substituted by G.I., M.F., Notification No. 6 (8)-E. V (A)/73, dated the 25th January, 1974.
3. Substituted vide G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. & P.W. (PIC), dated the 20th July, 1988. Published as S.O. No. 2388 in the Gazette of India , dated the 6th August, 1988.
4. Substituted vide G.I., Dept. of P. & P.W., Notification No. 7/6/88-P. & P.W. (D), dated the 6th April, 1989, published as S.O. No. 970 in the Gazette of India, dated the 6th May, 1989.

(1) A Government servant shall, on his initial confirmation in a service or post, make a nomination in Form 1 or 2, as may be, as appropriate in the circumstances of the case, conferring on one or more persons the right to receive the ³[retirement gratuity/death gratuity] payable under Rule 50 :

(i)	the Government servant has a family, the nomination shall not be in favour of any person or persons other than the members of his family ; or
(ii)	the Government servant has no family, the nomination may be made in favour of a person or persons, or a body of individuals, whether incorporated or not.

(2) If a Government servant nominates more than one person under sub-rule (1), he shall specify in the nomination the amount of share payable to each of the nominees, in such manner as to cover the entire amount of gratuity.

Provided that if at the time of making the nomination the Government servant has a family consisting of more than one member, the person so specified shall not be a person other than a member of his family :

Provided further that where a Government servant has only one member in his family, and a nomination has been made in his favour, it is open to the Government servant to nominate alternate nominee or nominees in favour of any person or a body of individuals, whether incorporated or not ;

(4) The nomination made by a Government servant who has no family at the time of making it, or the nomination made by a Government servant under the second proviso to clause (i) of sub-rule (3) where he has only one member in his family shall become invalid in the event of the Government servant subsequently acquiring a family, or an additional member in the family, as the case may be.

(5) A Government servant may, at any time, cancel a nomination by sending a notice in writing to the ¹[Head of Office] :

Provided that he shall, along with such notice, send a fresh nomination made in accordance with this rule.

(6) Immediately on the death of a nominee in respect of whom no special provision has been made in the nomination under clause (i) of sub-rule (3) or on the occurrence of any event by reason of which the nomination becomes invalid in pursuance of clause (ii) of that sub-rule, the Government servant shall send to the ¹[Head of Office] a notice in writing cancelling the nomination together with a fresh nomination made in accordance with this rule.

Provided that the Head of Office may authorise his subordinate Gazetted Officers to countersign nomination forms of non-gazetted Government servants.

(8) Every nomination made, and every notice of cancellation given, by a Government servant shall, to the extent that it is valid, take effect from the date on which it is received by the ¹[Head of Office].

Footnote : 1. Substituted by G.I., Dept. of Per. & A.R., Notification No. 6 (1) Pen. (A)/79, dated the 19th May, 1980.
3. Substituted vide G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. & P.W. (PIC), dated the 20th July, 1988. Published as S.O. No. 2388 in the Gazette of India , dated the 6th August, 1988.

Importance of nominations and their safe custody. - Nominations for death/retirement gratuity and related notices are important documents on the basis of which the claims of the beneficiaries have to be established and settled. Instances of cases have come to notice where nominations made by deceased officers and related papers were not traceable in the official records of the Head of the Office and were treated as lost. This defeats the very purpose underlying nominations and causes inconveniences and delay all round. To obviate the possibility of such losses in future, it has been decided that the nomination papers should, after counter-signature, be kept in a separate confidential file which should be lodged for safe keeping with the Head of Office or other responsible officer nominated by him for this purpose, and a clear note made in the service book of the officer as to what nominations and related notices have been received from him and where they have been lodged for safe custody, so that there should be no difficulty in locating the documents when the occasion for making a reference to them arises.

All Government servants should be advised that it would be in the interest of their nominees if they would preserve copies of the nominations made by them and of the related notices and acknowledgements, either in their personal custody or in safe deposit along with their other important personal documents, etc., where they may be expected to come into the possession of the beneficiaries in the event of their death.

The need for observance of the above instructions cannot, perhaps, be overemphasized. The need for nomination arises consequent upon the death of a Government servant while in service or after retirement before receipt of the death/retirement gratuity. In those cases, where valid nominations already exist, the claims of the nominees are likely to be settled expeditiously as provided in sub-rule (1) (a) of Rule 51 of CCS (Pension) Rules, 1972. But in those cases, where no nominations have been filed or even if filed by the Government servant but lost in office due to lack of proper care, the gratuity is payable to the members of the family in the manner prescribed in sub-rule (1) (b) ibid. A number of cases have also come to notice of Government where Government servants having died without making any valid nominations, the surviving members of their families approach courts for grant of succession certificates in order to entitle them to their share of the gratuity. It may be clarified in this regard that payment of death/retirement gratuity to the members of family of a deceased Government servant is normally to be made according to the relevant service rules. While payment on the basis of a succession certificate would discharge Government's liability, a succession certificate does not necessarily create an obligation on the part of the Government to pay the amount. Such a claim can be resisted if it is otherwise not in order. Therefore, in order to save the families of the Government servants from the expenditure involved on the court fees for obtaining succession certificates and the inevitable delay which this process entails, the Government servants may be advised to file their nominations in the prescribed forms without fail.

The Ministries/Departments and offices concerned are also requested to review the service records of all their employees and ensure that nominations have been obtained from all the Government servants, necessary entries made in their service books as laid down in the orders referred to above and the relevant records preserved properly to avoid such situations.

The intention in calling upon the claimants to obtain succession certificate is to get a legal document from the competent court so that the claims of the rival parties can be settled once for all. This is a document which will enable the Department to pay the dues, etc., to the rightful claimant. If the Department is not satisfied with the legal right of the claimant, they have got every right to approach the competent court to decide the claims in accordance with the law. In other words, if the Department feels that the succession certificate has not been issued as per law then they have every right to follow up the procedure after reconsidering the nature.

However, we have dealt with the aspect in the above para. on the related aspect and Department is supposed to obtain legal opinion as and when a concrete case arises. If necessary, matter may be discussed.

[Min. of Law (Dept. of Legal Affairs), U.O. No. 23/26/88-Adv. (B), dated the 2nd August, 1988 and C. & A.G.'s Endst. No. 1513-A/(II)/88, dated the 23rd December, 1988.]

[NOTE. - The provisions of this rule will also extend, from 22nd September, 1977, to Government servants on pensionable establishments who retired/died before 31-12-1963, as also to those who were alive on 31-12-1963, but had opted out of 1964 Scheme.]

(2) Without prejudice to the provisions contained in sub-rule (3), where a Government servant dies -

(1)	(a)	A Government servant, who has completed five years' qualifying service and has become eligible for service gratuity or pension under Rule 49, shall, on his retirement, be granted ¹[retirement gratuity] equal to one-fourth of his emoluments for each completed six monthly period of qualifying service, subject to a maximum of 16½ times the emoluments.
	¹[(b)	If a Government servant dies while in service, the death gratuity shall be paid to his family in the manner indicated in sub-rule (1) of Rule 51 at the rates given in the Table below, namely:-

(i)	wife or wives ⁷[including judicially separated wife or wives] in the case of a male Government servant,
(ii)	husband, ⁷[including judicially separated husband] in the case of a female Government servant,
(iii)	sons including stepsons and adopted sons,
(iv)	unmarried daughters including stepdaughters and adopted daughters,
(v)	widowed daughters including stepdaughters and adopted daughters,
(vi)	father,	including adoptive 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 below the age of eighteen years including stepbrothers,
(ix)	unmarried sisters and widowed sisters including stepsisters,
(x)	married daughters, and
(xi)	children of a pre-deceased son.

(1)	Where no valid nomination subsists :
	(a)	When a share is payable to minor sons or minor unmarried daughters, it should be paid to the surviving parent except in the case when the surviving parent happens to be a Muslim lady. Where, however, there is no surviving parent, or the surviving parent is a Muslim lady, payment will have to be made to the person producing the guardianship certificate.
	(b)	When a share is payable to widowed minor daughter(s), production of a guardianship certificate would be necessary.
	(c)	If in a rare case the wife herself happens to be a minor, the death/retirement gratuity payable to her shall be paid to the person producing the guardianship certificate.
	(d)	When the death/retirement gratuity becomes payable to a minor brother or a minor unmarried sister, the payment should be made to the father or, in his absence the mother of the beneficiary except in a case where the mother happens to be a Muslim lady. In this case too, if there is no surviving parent or the surviving parent happens to be a Muslim lady, the payment will have to be made to the person producing the guardianship certificate. If any share is payable to a widowed minor sister the production of guardianship certificate would be necessary.
(2)	Where a valid nomination subsists :
	(a)	Where the nomination is in respect of one or more of the members of the family, the position stated against para. 3 (1) would apply.
	(b)	Where there is no family, the nomination in favour of an illegitimate child or married sister would also be valid. The position would, therefore, be as follows :-
		(i)	If the nominee is an illegitimate child, the share will be payable to the mother, and in her absence, the production of a guardianship certificate would be necessary.
		(ii)	If the share is payable to a married minor girl, the share will be payable to the husband.

NOTE 1. -	(a)	Full name of the claimant referred to as the `Obligor'.
	(b)	State relationship of the Obligor to the deceased.
	(c)	Name of the deceased Government Officer.
	(d)	Full name or names of the sureties with name or names of the father(s)/husband(s) and place of residence.
	(e)	Designation of the officer responsible for payment.
NOTE II. -	The Obligor as well as the sureties should have attained majority so that the bond may have legal effect or force.

¹(7)	(a)	Every nomination made (including every notice of cancellation, if any, given) by a Government servant under this rule, shall be sent to the Head of Office.
	(b)	The Head of Office shall, immediately on receipt of such nomination countersign it indicating the date of receipt and keep it under his custody :

(2)	(a)	In the case of a Government servant retiring in accordance with the provisions of these rules after completing qualifying service of not less than thirty-three years, the amount of pension shall be calculated at fifty per cent of average emoluments, subject to a maximum of four thousand and five hundred rupees per mensem.];
	(b)	in the case of a Government servant retiring in accordance with the provisions of these rules before completing qualifying service of thirty three years, but after completing qualifying service of ten years, the amount of pension shall be proportionate to the amount of pension admissible under Clause (a) and in no case the amount of pension shall be less than ¹[Rupee three hundred and seventy-five] per mensem ;
	(c)	notwithstanding anything contained in Clause (a) and Clause (b) the amount of invalid pension shall not be less than the amount of family pension admissible under sub-rule (2) of Rule 54.

Length of qualifying service				Rate of death gratuity
(i)	Less than 1 year	...	...	2 times of emoluments.
(ii)	One year or more but less than 5 years	...	...	6 times of emoluments.
(iii)	5 years or more but less than 20 years	...	...	12 times of emoluments.
(iv)	20 years or more	...	...	Half of emoluments for every completed six-monthly period of qualifying service subject to a maximum of 33 times of emoluments.

(1)	(a)	The gratuity payable under Rule 50 shall be paid to the person or persons on whom the right to receive the gratuity is conferred by means of a nomination under Rule 53;
	(b)	If there is no such nomination or if the nomination made does not subsist, the gratuity shall be paid in the manner indicated below -
		(i)	if there are one or more surviving members of the family as in clauses (i), (ii), (iii) and (iv) of sub-rule (6) of Rule 50, to all such members in equal shares;
		(ii)	if there are no such surviving members of the family as in sub-clause (i) above, but there are one or more members as in clauses (v), (vi), (vii), (viii), (ix), (x) and (xi) of sub-rule (6) of Rule 50, to all such members in equal shares.

(a)	has made no nomination, or
(b)	the nomination made by him does not subsist,

(3)	A Government servant may provide in the nomination -
	(i)	that in respect of any specified nominee who predeceases the Government servant, or who dies after the death of the Government servant but before receiving the payment of gratuity, the right conferred on that nominee shall pass to such other person as may be specified in the nomination :

	(a)	to a Government servant entering service in a pensionable establishment on or after the 1st January, 1964; and
	(b)	to a Government servant who was in service on the 31st December, 1963 and came to be governed by the provisions of the Family Pension Scheme for Central Government Employees, 1964, contained in the Ministry of Finance, Office Memorandum No. 9 (16)-E. V (A)/63, dated the 31st December, 1963, as in force immediately before the commencement of these rules.

	(a)	after completion of one year of continuous service; or
	(aa)	before completion of one year of continuous service provided the deceased Government servant concerned immediately prior to his appointment to the service or post was examined by the appropriate medical authority and declared fit by that authority for Government service ; or]

1.	......................................................
2.	......................................................

1.	......................................................
2.	......................................................