05/01/2017
GOVERNMENT OF BANGLADESH
FINANCE AND REVENUE DEPARTMENT
Audit Branch
MEMORANDUM
NO. 2566(40)-F, DHAKA, the 16th April,1959.
Subject:-Pension Rules and Retirement benefits.
The undersigned is directed to invite a reference to this Department Office Memo.No.3568-F.,dated the 12th June,1954 on the subject noted above and to say that the question as to what should constitute "family" of a Government servant for the purpose of entitlement of gratuity/pension benefits mentioned therein and whether nomination in respect of gratuity and pension can be made by a Government servant have been considered by the Government of Bangladesh. It has now been decided and the President is pleased to direct as indicated below:-
SECTION 1----Gratuity.
2.(1) The "Family" for the purpose of payment of death-cum-retirement gratuity will include the following relatives of the Government servant;
(a) Wife or wives, in the case of a male Government servant.
(b) Husband in the case of female Government servant.
(c) Children of the Government servant.
(d) Widow or widows and children of a deceased son of the Government servant.
NOTE--(1) A child means a legitimate child. An "adopted chid" will be considered to be a child when the Accounts Officer or if any doubt arises in the mind of the Accounts Officer, the recognised legal adviser of Government is satisfied that under the personal law of the Government servant concerned adoption is legally recognised as conferring the status of a natural child, but in this case only.
NOTE--(2) If it is proved that the wife has been judicially separated from the Government servant or has ceased under the customary law of the community to which she belongs to be entitled to maintenance she shall no longer be deemed to be a member of the family unless the Government servant has himself intimated in writing to the Accounts Officer/Head of the office that she shall continue to be so regarded.
NOTE--(111) In the case of female Government setvant if the wife intimates in writing to the Accounts Officer/Head of the office that her husband should not be included as a member of the family then he shall no longer be considered as a member of the family unless she subsquently cancel in writing her intimation excluding him.
(2) A Government servant shall, as soon as he/she completes 5 years qualifying service, make a nomination, conferring on one or more persons the right to receive any gratuity that may be sanctioned under this Department Office Memo. referred to above and any gratuity which having become admissible to him/her has not been paid to him/her before death.
(3) If a Government servant nominates more persons than one under clause (2) above he/she shall specify in the nomination the amount or share payable to each nominee in such manner as to dispose of the whole amount of the gratuity mentioned therein.
(4) A Government servant may provide in a nomination--------
(a) In respect of any specified nominee that in the event of his/her pre-deceassing the Government servant the right conferred upon that nominee in sub-para (2) above shall pass to such other member or members of the Government servant's family as may be specified in the nomination.
(b) That the nomination shall become void in the event of the happening of the contigency specified therein.
(5) Every nomination shall be in such one of the forms A and B (enclosed) as may be appropriate in the circumstances of the case.
(6) A Government servant may at any time cancel a nomination by sendin a notice in writing to the appropriate authority provided that the Government servant shall, along with such notice, send a fresh nomination made in accordance with this paragraph.
(7) Immediately on the death of the nominee in respect of whom no special provision has been made in the nomination under sub-para (4)(a) above or on the occurrence of any event by reason of which the nomination becomes void by reason of sub-para (4)(b) above, the Government servant shall send to the appropriate authority a notice in writing formally cancelling the nomination together with a fresh nomination made in accordance with this paragraph.
(8) Every nomination made, and every notice of cancellation given, by a Government servant under this paragraph shall be send by the Government servant to his/her Accounts Officer in the case of a Gazetted Officer and to the Head of his/her office in the case of a non-Gazetted officer. Immediately on receipt of a nomination from a non-gazetted Government servant, the Head of the office shall countersign it indicating the date of receipt and keep it in his custody. (9) Every nomination made and every notice of cancellation given by a Government servant shall, to the extent that it is valid, take effect on the date on which it is received by the authority mentioned in sub-para (8). 3. When the amount of gratuity has become payable to the family it shall be the duty of the Accounts Officer to make payment to the family according to the following procedure;- (1) When the Government servant leaves a family;- (a) The amount of gratuity or any part thereof to which the nomination relates shall become payable to his/her nominee or nominees in the proportion specified in the nomination. (b) If no nomination in fevour of a member or members of a family subsists or if a nomination relates only to a part of the amount of the gratuity the whole amount of gratuity or the part thereof to which the nomination does not relates, shall become payable to the members of his/her family in equal shares.
