Payment of arrears of pension in cases where valid nomination
has not been made under the Payment of Arrears of Pension (Nomination)
Rules, 1983 Payment of arrears of family pension - reg.
No.1/22/2012-P&PW (E)
Government of India
Ministry of Personnel, P.G. and Pensions
Department of Pension & Pensioners' Welfare
3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi - 110003.
Dated the 10th July, 2013
OFFICE MEMORANDUM
Sub:-
(i)
Payment of arrears of pension in cases where valid nomination has not
been made under the Payment of Arrears of Pension (Nomination) Rules,
1983;
(ii) payment of arrears of family pension — reg.
Attention
is invited to the Payment of Arrears of Pension (Nomination) Rules.
1983 which provide that after the death of the pensioner, all moneys
payable to the pensioner on account of pension will be paid to the
nominee of the deceased pensioner. In the absence of any nomination made
by the pensioner, the arrears of his/her pension are paid to the legal
heir as per the procedure indicated in para 4 of part A of annexure to
Ministry of Finance OM No.1 (3)-E.V/83, dated 11.10.1983. However,
dependents of some pensioners expressed difficulties in obtaining the
legal heir-ship certificates and represented that the necessity of
production of legal heir-ship certificates may be waived where the
amount of arrears payable is small.
2. The matter had been
examined in Ministry of Finance, D/o Expenditure vide OM dated
04/06/1985 and it was decided that in case where a valid nomination does
not exist under the Payment of Arrears of Pension (Nomination) Rules,
1983 and the dependent of pensioner is unable to produce the legal
heir-ship certificate, the Payment of Lifetime Arrears of Pension
accruing to the deceased pensioner may be authorized on the basis of any
documentary proof regarding the relationship and heir-ship of the
claimant if the gross amount of arrear does not exceed Rupees 25,000. In
such cases, if the gross amount did not exceed Rupees 5,000 and case
represented no peculiar features, the accounts officer was authorised to
make the payment on his own authority.
3. The Government has
further looked into the matter and decided to incrence the limits of
Rupees 5000 and 25000 as indicated in Department of Expenditure OM,
dated 4.6.85 to Rupees 50,000 and 2,50,000 respectively. The conditions
and the procedure of payment as indicated in Department of Expenditure
OM, dated 22.10.1983 and 04.06.1985 will remainthe same, which are
reiterated hereunder.
4 The Pension Disbursing Authority (PDA)
may receive application along with any documentary proof regarding the
relationship and heir-ship of the claimant, in case the claimant is the
recipient of fmily pension, the disbursing Officer will verify the
identity of the claimant with reference to the disburser’s half as well
as pensioner’s half of the PPO and give a certificate of having done so.
PDA will duly attest the documents received from the applicant and
forward these along with the application to the Accounts Officer. The
Accounts Officer, on receipt of application along with a copy of PPO of
the pensioner and other documents from the PDA, will calculate the
amount of arrears and issue necessary authority for payment of Life-time
arrears to the disbursing authority if the case does not present any
peculiar features and the amount does not exceed Rs.50,000. In case the
amount exceeds Rupees 50,000 hut does not exceed Rupees 2,50,000, the
Accounts Officer will obtain the orders of the Head of Department or
Administrator or the CAO in the case of pensioners from Indian Audit
& Accounts Department or any Officer of that Department declared as
an HOD. Payment will be made on execution of a duly stamped indemnity
bond in Form T.R. 14/G.A.R. 26, with such sureties as necessary in terms
of para 7 below. In case of any doubt and also in cases where the
amount of arrears exceeds Rupees 2,50,000, payments shall be authorized
to be made only to the persons producing the legal authority.
5.
This department’s OM No. 43/4/95-P&PW(G), dated 30.10.1995
stipulates that in the event of death of a family pensioner, the right
to receive any arrears of family pension would automatically pass on to
the eligible member of the family next in line. The requirement of
succession certificate for payment of any arrears occurs only where
there is no member in the family who is eligible to receive family
pension after the death of the family pensioner. Therefore, it has been
decided that the provisions of this office memorandum will also apply to
the payment of arrears of family pension where no member of family is
eligible to receive family pension.
6. The Head of Department
here means the Head of Department as defined in rule 2 (xvi) of the
General Financial Rules, 2005. However, in order to ensure that the
citizens do not have to face unnecessary hardships, it has been decided
that in the case of field establishments, the Administrative
Ministries/Departments may delegate the power of head of Department to
the Head of Office in the rank of Deputy Secretary/Director, if felt
necessary by them. It is also clarified that this OM will cover all such
past cases.
7. Normally, there should be two sureties, both of
known financial stability. However, in case the amount of claim is less
than Rs.75,000/, the authority accepting the indemnity bond for and on
behalf the President of India should decide on the merits of each case
whether to accept only one surety instead of two. The obligor as well as
the sureties executing the indemnity bond should have attained majority
so that the bond has legal effect or force. The bond is required to be
accepted on behalf of the President by an officer duly authorised under
Article 299(1) of the Constitution.
8. These orders will not be
applicable in cases where a valid nomination exists under the Payment of
Arrears of Pension (Nomination) Rules, 1983. In such cases, the payment
of arrears will be authorised to be made to the nominee (s).
9.
As regards pensioners/family pensioners belonging to the Indian Audit
and Accounts Departments, these Orders issue after consultation with the
Comptroller and Auditor General of India.
10. This issues with
the concurrence of Ministry of Finance, Department of Expenditure, vide
their ID Note No.568/E.V/2013, dated 28th June, 2013 and O/o Controller
General of Accounts vide their ID No. 1(7)/TA-III/2011-12/Miscl/116,
dated 13.02.2013.
sd/-
(Sujasha Choudhury)
Deputy Secretary to the Govt. of India
Source: Source: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/PPWE_100713.pdf
