if the son or the unmarried daughter of an employee is suffering from any disorder or disability of mind or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of 25 years, the family pension shall be payable to such son or daughter for life subject to the following conditions namely,
(i) If such son or daughter is among two or more children of the employee ,the family pension shall initially be payable to the minor children in the order set out in rule 30 until the last minor child attains the age of 25 and thereafter the family pension shall be resumed in favour of the son or daughter suffering from disorder or disability of and or who is physically crippled or disabled and or who is physically crippled or disabled and shall be payable to him/her for life;
(ii) If there are more than one such son or daughter suffering from disorder or disability of mind or who are physically crippled or disabled, the Family Pension shall be paid in the following order namely__
(a) firstly to the son, and if there are more than one son, the younger of them will get the family pension only after the life time of the elder;
(b) secondly, to the daughter, and if there are more than one daughter, the younger of them will get the family pension only after the life time of the elder;
(iii) the family pension shall be paid to such son or daughter through the guardian as if he or she were a minor;
(iv) the grant of family pension to disabled children beyond the prescribed age limit is subject to the following conditions___
(a) the disability should have manifested itself before retirement or death of the employee while in service;
(b) a daughter shall become ineligible from the date she gets married;
(c) the family pension to such disabled on or daughter shall be stopped if he or she starts earning his/her livelihood.
CHAPTER VII
32. Procedure for authorisation of Pension.___(1) With a view to eliminating delays in the payment of superannuation pension and Retirement/Death Gratuity, a time-bound schedule for processing pension cases shall be followed to ensure that payment of superannuation pension, in all cases,commences on the first of the month in which they are due.
(2) One year in advance of the date on which the employee is due to attain the age of superannuation or the date of his anticipated retirement, if earlier the Competent Authority shall ensure the preparation of pension papers including verification of service and completion of the particulars required in Form 3. Details of Family shall be obtained in Form 1.
(3) The period of preparatory work of one year shall be divided into the following three stages :
(i) First Stage : The service book of the retiring employee shall be gone through to ensure that the certificate of verification of service is recorded for the entire period of service and that the unverified portions of service are got verified with reference to pay rolls, acquittance rolls and other relevant record or on the basis evidence by the employee.
(ii) Second Stage: While scrutinising the certificate of verification of service in the service book of the retiring employee, and other omissions, imperfections or deficiencies which have a direct bearing on the determination of emoluments and the service qualifying for pension shall also be identified and made good. For average emoluments the correctness of the emolument drawn on to be drawn by the employee during the last ten months of service shall be taken into account but the actual verification will be done for the emoluments for the period of 24 months preceding the date of retirement of the employee.
(iii) Third Stage : Form 2 duly completed shall be obtained from the retiring employee three months before the date of retirement.
33. (1) The process of determining the qualifying service and the average emoluments and the admissible pension and gratuity shall be completed in the Board’s Secretariat three months before the date of retirement of the employee.
(2) A copy of the pension calculation sheet shall be given to the retiring employee.
34. (1) After satisfactory scrutiny of the pension papers, the Competent Authority shall accord the necessary sanction for the payment of Pension.
(2) Save for good and sufficient reasons, the Accounts Officer shall issue the necessary Pension Payment Order not later than one month prior to the date of retirement.
35. Revision of pension after sanction.___(1) Subject to provisions of rule 7 of these rules a pension once sanctioned after final assessment shall not be revised to the disadvantage of the employee unless such a revision becomes necessary on account of detection of a clerical error subsequently :
Provided that no revision of pension to the disadvantage of the pensioner shall be ordered without the concurrence of the Board if the clerical error is detected after a period of two years from the date of authorisation of the pension.
(2) For the purpose of sub-rule (1), the retired employee shall be served with a notice requiring him to refund the excess payment of pension with a period of two months from the date of receipt of notice by him.
(3) On his failure to comply with the notice, the excess payment shall be adjusted by short payments of pension in future, in one or more installments, as may be decided.
36. Determination and authorisation of Family Pension when an employee dies while in service.___(1) On receipt of intimation regarding death of an employee while in service, immediate action shall be initiated for obtaining claim of family pension from the widow or widower in Form 5.
(2) If the deceased employee is survived by only minor child/children, the guardian of the child/children can prefer the claim.
(3) In case the employee was on extraordinary a claim in the said Form on behalf of the child if the child has attained age of eighteen years and such child may himself or herself submit a claim in the said Form.
37. Completion of Form 6.____(1). The work relating to verification of service and completion of Form 6 shall be undertaken at once in accordance with the prescribed procedure.
(2) For the purpose of determination of emoluments for family pension, the verification of correctness of emoluments shall be confined for maximum periods of one year preceding the date of death of the employee.
(3) In case the employee was on extraordinary leave on the date of death, the verification of the correctness of emoluments shall be confined for one year preceding the date of commencement of extraordinary leave.
(4) The process of determination of qualifying service and qualifying emoluments shall be completed within one month of the receipt of the intimation regarding the date of the death of employee and the amount of family pension shall be calculated accordingly.
38. Sanction of family pension in respect of deceased pensioners.___(1) On receipt of intimation regarding death of pensioner it shall be ascertained whether any family pension is payable in respect of the deceased pensioner.
(2) If the deceased pensioner is survived by a widow/widower, the amount of family pension as indicated in the Pension Payment Order shall become payable to the widow/widower from the day following the date of death of the pensioner.
(3) The payment shall commence on receipt of application from the widow/widower concerned duly supported by the death certificate.
(4) If the deceased pensioner is survived by child or children, the guardian of the child or children may submit the claim in Form 5.
(5) Son/unmarried daughter if he/she has attained the age of eighteen years may himself/herself submit a claim in Form 5.
(6) On receipt of claim, the Family Pension shall be sanctioned in Form 7 and the Pension Payment order shall be issued.
( 7) If a widow or widower in receipt of family pension remarries and has child or children from the former spouse at the time of remarriage, the married individual shall be eligible to draw the family pension on behalf of such child or children if such individual continues to be the guardian of such child or children.
(8) If the remarried individual has, for any reason, ceased to be the guardian of such child or children, the family pension shall become payable to the person entitled to act as guardian of such child or children under the law for the time being in force and such person may submit a claim in Form 5 for the payment of family pension.
(9) The guardian shall not be required to submit a claim on behalf of the son or unmarried daughter if he or she has attained the age of eighteen years and such person may himself or herself submit a claim in the said Form.
(10) On receipt of the claim referred to in sub-clause 8 and subclause 9, the family pension shall be sanctioned in Form 8.
CHAPTER VIII
39. Payment of Pensions :(1) A pension other than family pension shall become payable from the date on which an employee ceases to be borne on the establishment.
(2) Pension including family pension is payable for the day on which its recipient dies.
40. All pension shall be payable in rupees in India.
41. Pension shall be fixed at monthly rates and shall be payable monthly on or after the first day of the following month.
42. A pension remaining undrawn for more than one year shall not be paid without the prior approval of the competent Authority.
43. (1) A declaration in the prescribed Form shall be obtained halfyearly from all recipients of family pension whose pensions are terminable on their marriage or remarriage.
(2) In the case of a widow recipient of family pension, the declaration referred to in sub-rule (1) shall be obtained only on the first occasion if she undertakes to report promptly to the office in the event of her marriage.
44. A pensioner shall be identified by a comparison of his personal markes of identification as entered in the pension payment order and the signature to the receipt with the specimen signature posted on the original payment order. If a pensioner can not sign his name, his thumb impression on the receipt shall be compared with the original impression already taken on the disbursing officer’s half of the pension payment order. A pensioner may also be identified on the resemblance between him and his photograph affixed to the copy of the disbursing officer’s behalf of the Pension Payment Order.
45. Payment of pension shall be made by Postal Money Order at the option and expense of pensioner.
46. The payment of the pension shall be made at the office of the Board.
47. Nominations : Nominations made by an employee under the Oil Industry Development Board Employee’s (Death-Cum-Retirement) Gratuity Rules, 1983 as amended from time to time shall hold good for payment of arrears of pensions :
Provided that in case an employee who is due to retire has submitted a nomination in the prescribed form in triplicate within three months before or after the date of retirement conferring on any other person the right to receive, after his death, all moneys payable to him on account of pension, or before or after the date of nomination and which remain unpaid immediately before his death, the arrears of pension shall be paid to the person so nominated.
CHAPTER IX Commutation of Pension
48. An employee shall be entitled to commute for lump sum payment a fraction not exceeding one-third of his pension. If fraction of pension to be commuted results in fraction of rupee, such fraction of rupee will be ignored for the purpose of commutation. However, no employee against whom departmental or judicial proceeding have been instituted before the date of his retirement or the pensioner against whom such proceedings are instituted after the date of his retirement, shall be eligible to commute a fraction of his pension/provisional pension during the pendency of such proceedings.
49. The employee shall be eligible to commute pension without medical examination.
50. The application for commutation shall be made to the office of the Board after the date of retirement. However, if the retirement is on superannuation, the application can be submitted before the date of superannuation.
51. The applicant shall make nomination in the prescribed form, along with his application for commutation, conferring on one or more persons the right to receive the commuted value of pension in case he dies without receiving the commuted value on or after the date on which the commutation becomes absolute.
52. The commutation of pension shall become absolute on the date on which the application in the prescribed form is received in the office of the Board; and the pensioner will have no option to withdraw his application :
Provided that in the case where an employee retiring on Superannuation submits application for commutation of pension before the date of superannuation,the commutation shall become absolute on the date following the date of retirement :
Provided further that the Board shall have no liability for the payment of commuted value of pension if the employee dies before the date of superannuation or forfeits claim to pension before such retirement.
53. The amount of commuted value of pension as finally calculated in accordance with the Table of values prescribed by the Central Government for its staff from time to time and applicable to the applicant on the date on which the commutation becomes absolute shall be rounded off to the next higher rupee.
54. An applicant who has commuted a fraction of his pension and after communication his pension has been revised and enhanced retrospectively, the applicant shall be paid the difference between the commuted value determined with reference to the enhanced pension and the commuted value already authorised. No fresh application shall be required for the payment of difference amount.
55. (1) If a pensioner dies without receiving the commuted value on or after the date on which it became absolute, the commuted value shall be paid to his nominee(s).
(2) If there is no such nomination, or if the nomination made does not subsist, the commuted value shall be paid to the family in the manner indicated in the Oil Industry Development Board Employees’ (Death-cum- Retirement) Gratuity Rules, 1983.
(3) If in any case the commuted value can not be paid in the manner in sub-rules (1) and (2), the same shall be paid to his heirs.
56. The date on which the payment of the commuted value of pension was made to the applicant shall be entered into the both halves of the Pension Payment Order.
57. Reliefs admissible to pensioners will be calculated on the original amount of pension even after commutation of a portion of the pension,
58. Commuted portion of pension shall be restored after fifteen years from the date of retirement.
CHAPTER X Miscellaneous
59. Payment of advances to Families of Employees who Die while in Service :____(1) The families of all regular employees who die in service (whether on duty or on leave with or without pay) will be eligible for the relief in the shape of advance limited to 3 months pay of the deceased of Rs.3000 which ever is less.
(2) The advance may on application and requisite undertaking be sanctioned by the Accounts Officer of the Board or the Competent Authority.
(3) The advance when granted, shall be adjusted against the arrears of salary due, death gratuity, provident fund accumulation or any other payments due to the deceased within a period of six months from the date of sanction.
60. Interpretation.___Where any doubt as to the interpretation of these rules ,it shall be referred to the Central Government for clarification.
61. Power to relax.___Where the Board is satisfied that the operation of any of these rules causes undue hardship in any Particular case, the Board may at its discretion, dispense with or relax the requirements of that rule to such extent and subject to such exceptions and conditions as it may consider necessary dealing with the case in a just and equitable manner.
62. Savings.___(1) On the commencement of these rules, rule 23 of the Oil Industry Development Board Emoployees’ (General Conditions of Service) Rules 1984. Shall to the extent it provides for any matter contained in these rules,be deemed to have been modified.
(2) Any matter not covered by these rules shall be regulated to the extent applicable and appropriate, in accordance with the relevant provisions contained in the Central Services (Pension) Rules, 1972, as amended from time to time.