Payment of minor's share of death/retirement gratuity to guardian

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 - (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. 1/30/2019 CHAPTER http://persmin.nic.in/pension/rules/pencomp7.htm#Amount%20of%20Pension 27/85 (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. [G.I., M.F., O.M. No. F. 24 (8)-E. V (A)/59, dated the 20th October, 1959.] 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. [G.I., M.F., O.M. No. F. 24 (8)-E. V/59, dated the 1st September, 1960.]