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Section 12

The Maharashtra Legislature Members Pension Rules, 1977.State Rules of Maharashtra · 1977

(1) If the pension remains undrawn for six months from the single name Savings Bank Account, the Bank shall sent an intimation to the Pay and Accounts Officer/Treasury Officer and stop further withdrawals.

(2) If the pensioner intimates the reasons for the non-drawl of his pension for six months, to the Pay and Accounts Officer/ Treasury Officer, the Pay and Accounts Officer/Treasury may authorize the Bank to make the payments of the amount not paid earlier and continue to credit the amount of the pension every month subsequently unless the pension ceases to be payable by virtue of sub-rule(3) in which case the provisions contained therein shall be followed.

(3) If the pension remains undrawn for more than 12 months the pension shall cease to be payable by the Pay and Accounts Officer /Treasury Officer. If the Pensioner requests for the payment thereafter, Pay and Accounts Officer/Treasury Officer may, after proper verification resume payment. He shall not, however, make the said payments-

(i) If the pension in arrears is to be paid for the first time, or

(ii) if the amount of arrears exceeds Rs. 2,500 without the sanction of the authority by whom the pension was sanctioned, which shall be obtained through the Audit Officer.

Provided that, if in any case a pension remains undrawn for more than six years, it shall not be paid without the authority of the Accountant General, Maharashtra.

13. The Payment of arrears of pension due in respect of a deceased pensioner shall be regulated as follows:

(1) Pension may be drawn for the day of pensioner's death, the hour at which death takes place has not effect on the claim.

(2) On the death of the pensioner, payment of any arrears actually due, may be made to his heirs, provided that they apply within one year of his death. If the application be made later, payment shall not be made without sanction, which shall be obtained through the Accountant General, Maharashtra:

6 C:\Users\sahina.mujawar\Desktop\Rules files\modified upto 17.08.2023\Word file\Pension Rules 17.08.2023.docx Transfer of pension to another Treasury

Provided that, if the arrears do not exceed Rs.500 and the case presents no peculiar features, the Accountant General, Maharashtra may pass the arrears on his own authority.

(3) Subject to sub-rules (1) and (2), the payment of arrears due to a deceased pensioner may be made as follows :-

(i) when the amount due does not exceed Rs.2,500, payment may be made under the orders of the Collector of the District in which the deceased pensioner ordinarily resided immediately before his death who will make such inquiries into the rights and title of the claimants as he may deem sufficient;

(ii) when the amount due exceeds Rs.2,500 payment may be made under the orders of the Chairman of the Council or the Speaker of the Assembly (such order being passed after the Chairman, or, as the case may be, the Speaker is satisfied as respects the right and title of the claimant and is of the opinion that undue hardship will be caused to the claimant by insisting on the production of the usual legal authorities) on the claimant executing an indemnity bond with such sureties as the Chairman or the Speaker may require:

(iii) notwithstanding anything contained in clauses (i) and (ii) above, where there is any doubt as repects the right and title of the claimant, no payment shall be made unless the claimant produces the probate or letters of administration evidencing the great to him of the probate or letters of administration to the estate of the deceased pensioner or a certificate granted under the Indian Succession Act, 1925 or under the Bombay Regulation VIII of 1827 entitling the holder thereof to receive payment of arrears due to the deceased pensioner.

(4) After payment of the arrears of pension, both portions of the Pension Payment Order shall be returned to the Pay and Accounts Officer/Treasury Officer to the Accountant General, Maharashtra with a report of the date of death of the pensioner.

Where this provision sits

ActThe Maharashtra Legislature Members Pension Rules, 1977.
Section12
JurisdictionState of Maharashtra
StatusIn force as published by the source

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