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Core Purpose

Notification amending the Central Civil Services (Pension) Rules, 2021 to insert new provisions on family pension precedence for children of a female government servant or pensioner involved in pending divorce, domestic violence or dowry proceedings.

Detailed Summary

The Department of Pension and Pensioners' Welfare, Ministry of Personnel, Public Grievances and Pensions, by notification G.S.R. 452(E) dated 16th July 2024 (titled the Central Civil Services (Pension) Amendment Rules, 2024), exercising powers under the proviso to Article 309 and clause (5) of Article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to the Indian Audit and Accounts Department, amends rule 50, sub-rule (8) of the Central Civil Services (Pension) Rules, 2021 by inserting clauses (ja) and (jb); clause (ja) allows a female government servant or pensioner who has filed a divorce case or a case under the Protection of Women from Domestic Violence Act, 2005 (43 of 2005), the Dowry Prohibition Act, 1961 (28 of 1961), or the Indian Penal Code (45 of 1860) to request in writing that family pension, in the event of her death during the pendency of such proceedings, be granted to her eligible children in precedence over her spouse; clause (jb) sets out detailed disbursement rules for such cases, covering payment to a widower with no eligible child, to a widower who is guardian of a minor or disabled child, to children who have attained majority, and reversion of pension to the widower after all children cease to be eligible. The amendment is issued under file number 1/1(1)/2023-P&PW(E) and signed by Ravinder Kumar, Director; a note references the principal rules (G.S.R. 868(E), dated 20th December 2021) and prior amendments (G.S.R. 710(E) dated 7th October 2022 and G.S.R. 410(E) dated 16th July 2024).

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-29072024-255873 EXTRAORDINARY PART II-Section 3-Sub-section (i) PUBLISHED BY AUTHORITY No. 413] NEW DELHI, SATURDAY, JULY 27, 2024/SHRAVANA 5, 1946 4672 GI/2024 MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (Department of Pension and Pensioners' Welfare) NOTIFICATION New Delhi, the 16th July, 2024 G.S.R. 452(E).—In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Pension) Rules, 2021, namely:- 1. Short titles and commencement.-(1)These rules may be called the Central Civil Services (Pension) Amendment Rules, 2024. (2) They shall come into force onthe date of their publication in the Official Gazette. 2. In the Central Civil Services (Pension) Rules, 2021, in rule 50, in sub-rule (8), after clause (j), the following clauses shall be inserted, namely:- "(ja) Where, a female Government servant or female pensioner has filed a case against her husband for divorce or under the Protection of Women from Domestic Violence Act, 2005 (43 of 2005) or the Dowry Prohibition Act, 1961 (28 of 1961) or the Indian Penal Code (45 of 1860) and such proceedings are pending in a competent court of law, the said female Government servant or female pensioner may make a request in writing to the concerned Head of Office to the effect that, in the event of her death during the pendency of any of the aforesaid proceedings, the family pension may be granted to her eligible child or children in precedence over her spouse; (jb) Where the female Governmentservant or female pensioner who had made a request under clause(ja) dies during the pendency of any of the proceedings mentioned therein, the family pension shall be disbursed in the following manner, namely: (i) where the deceased female Government servant or femalepensioner is survived by a widower and no child is eligible for family pension on the date of death of the female Government servant or female pensioner, family pension shall be payable to the widower; (ii) where the deceased female Government servant or female pensioner leaves behind a widower with a minor child or a child or children suffering from disorder ordisability of mind including the mentally retarded, the family pension in respect of the deceased shall be payable to the widower provided he is the guardian of such child or children and if the widower ceases to be the guardian of such child or children, such family pension shall be payable to the child through the person who is the actual guardian of such child or children: Provided that where the minor child, after attaining the age of majority, remains eligible for family pension, the family pension shall become payable to such child from the date on which he attains the age of majority; (iii) where the deceased female Government servant or femalepensioner is survived by a widower with a child or more than one childwho has attained the age of majority and is eligible for family pension, the family pension shall be payable to such child or children. (iv) where any child referred to in clause (ii) or clause (iii) ceases to be eligible for family pension under this rule, the family pension shall become payable to the other child who is eligible for family pension. (v) after all children cease to be eligible for familypension under this rule, the family pension shall become payable to the widower till his death or remarriage, whichever is earlier” [F. No. 1/1(1)/2023-P&PW(E)] RAVINDER KUMAR, DIRECTOR Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide notification number G.S.R. 868(E), dated the 20th December, 2021 and subsequently Amendment vide notification number G.S.R.710 (E) dated the 07th October, 2022 and Notification Number G.S.R. 410 (E) dated 16th July, 2024.

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