Acts

B.S.R. Part-1,RULE-234, NOTE-2, APPENDIX NO.8,(11) Before the required leave or extension of leave beyond three months can be granted, the Government servant must obtain from the committee a certificate to the following effect:
We do hereby certify that, according to the best of our professional judgement, after careful personal examination of the case, we consider the health of C.D. to be such as to render leave of absence for a period of.........................
months absolutely necessary for his/her recovery.

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.

PENSION-11: Pension for lands held under grants in perpetuity: Nothing in sections 4 and 6 applies to ----Pensions heretofore granted by Government in the territories subject to the Lieutenant-Governor of Bengal either wholly or in part as an indemnity for loss sustained by the resumption by a Native Government of lands held under sanads purporting to confer a right in perpetuity. Such pensions shall not be liable to resumption on the death of the recipient, but every such pension shall be capable of alienation and descent, and may be sued for and recovered in the same manner as any other property [Section 7, Pension Act, 1871].

PENSION-10: Commutation: Rules were silent as to the date from which deductions were to be made when pension was commuted. Deduction from lump sum amount payable on commutation cannot be effected from the date of application for commutation. Deduction fron the date earlier than the date of sanction of lump sum amount, is illegal.(The date must be later than the sanction for payment of a lump sum [Ref: Suresh Chandra Vs State of Uttar Prodesh, (1988) 4 SLR 527, 530, 531, para 13, 14, 15.See also Mohinder Singh Vs State of Punjab, 1997(4) SLR 287 (P&H); Welfare Association of absorbed Central Govt. Employees in public Enterprises Vs Union of India, AIR 1996 SC 1201: 1996(2) SCC 187: 1996 SCC (L&S) 444: 1996 Lab IC 1042: 1996(33) ATC 188: 1996(1) SCJ 475: 1996(1) SLR 618. Maharashtra General Manager Union Vs Indian Gum Industries LTD., 2008(2) SLR 316=2008(3) SCC 127=2008(2) LLJ 827=2008(2) JT 336; Union of India Vs S.R.Dhingra, 2008(2) SLR 8(SC)=AIR 2008 SC 856=2008(2) SCC 229=2008(1) LLJ 867.]

PENSION-9: Civil Court empowered to take cognizance of such claims: Rights of Pensions: A Civil Court, otherwise competent to try the same, shall take cognezance of any such claim upon receiving a certificate from such Collector, Deputy Commission or other officer authorized in that behalf that the case may be so tried, but shall not make any order or decree in any suit whatever by which the liability of Government to pay any such pension or grant as aforesaid is affected directly or indirectly [Section-6, Pension Act, 1871].

PENSION-8: Claims to be made to Collector or other Authorized officer: Rights to Pensions: Any person having a claim relating to any such pension or grant may prefer such claim to the collector of the District or Deputy Commissioner or other officer authorized in this behalf by the Government ; and such collector, Deputy commissioner or other officer shall dispose of such claim in accordance with such rules as the chief Revenue-authority may, subject to the general control of the Government, from time to time prescribe in this behalf [Ref: Section-5, Pension Act, 1871].

PENSION-7: Bar of suits relating to pensions: Rights to Pensions: Except as hereinafter provided, no Civil Court shall entertain any suit relating to any pension or grant of money or land-revenue conferred or made by the Government or any former Government, whatever may have been the consideration for any such pension or grant, and whatever may have been the nature of the payment, claim or right for which such pension or grant may have been substituted [Ref: Section-4, Pension Act, 1871].

DOB-6: Alteration: Correction of: The age recorded in the service record can be altered if the Government servant is able to produce authentic material to establish that the actual date of his birth is not what is recorded but some other date or if the Government has sufficient material to show that the date of birth declared by the Government servant is incorrect and has been incorrectly recorded with the ulterior object of gaining some unfair advantage therefrom, provided that in the latter case due inquiry is held and sufficient opportunity is given to the Government servant to set up his version of defence and an opportunity to correct or to controvert any evidence in the possession of the authority which is sought to be relied upon to his prejudice. Order without holding such an enquiry is null and void [Ref: State of Odisha Vs Dr Miss Binapani Devi, AIR 1967 SC 1269: 1967(2) SCR 625: 1967 SLR 465: 1967(15) FLR 209:

DOB-5: Alteration of: Death of Employee: Where alteration of date of birth is effected at the instance of the administration, the employee must be given an opportunity of hearing before the change is ordered. In the instant case, the employee had died. The heirs carried on the proceedings [Ref: Amala Roy Vs Union of India, (1988) 7 SLR 594 CAT (Calcutta).].

DOB-4: Alteration by Employer: The date of birth of an employee once accepted by the employer can not be altered by the employer without giging an opportunity of hearing to the employee [Ref: Sarjoo Prosad Vs The General Manager, AIR 1981SC 1481: 1981(3) SCC 544: 1981 Lab IC 880: 1981(43) FLR 408: 1981(2) LLJ 380: 1981(2) SLR 450.].

DOB-3: Age when attained:----Prescribing a time limit for the correction of date of birth can be done only by a provision having the force of law [Ref: Manak Chand Vaidya Vs State of H.P., (1976) 1 SLR 402 (HP)(FB)]. It can not be done by mere executive order where the Statutory rules on the subject are silent on this point [Ref: Mullela Sreerama Murthy Vs Union of India, 1990(1) ATJ 625: 1989(4) SLJ (CAT)(HYD).]

DOB-2: Age when Attained: A person attains a specific age on the next day before the anniversary of his birthday. The day of birth counts as a whole day, as the law does not take account of fractions of a day. This is the common law (Halsbury, 3rd Ed., Vol. 37, page 100, para 178) and also the position under Section 4, Indian Majority Act, 1875.(Prabhu Dayal Sesma Vs State of Rajasthan, 1986(3) SCR 665: AIR 1986 SC 1948: 1986(4) SCC 59: 1986 JT 256: 1986 Lab IC 1928: 1987(1) ATR 389: 1986 CrLR (SC) 512: 1986(53) FLR 496: 1987(1) SLJ 207: 1986(69) FJR 348: 1986 SCC (Cr) 411: 1986 SCC (Lab) 731: 1986 MPLJ 574: 1986 Mah LJ 816: (1986) 3 SLR 48,51,52 (SC) : (1986) 3 SCJ 492. See also Osmania University Vs V.S. Muthurangam, AIR 1997 SC 2758: 1997(10) SCC 741: 1997(5) JT 736: 1997 Lab IC 2849: 1997(4) SLR 597(SC); Ummed Singh Vs State of Rajasthan, 1997 (4) SLR 391 (Raj); A.Chhacbar Maurya Vs State of Uttar Prodesh, 2008(3) SLR 86 (SC)=2008(2) SCC 639=2009(13) SCR 568:=2008 LIC 1666=2008(3) SLT 214=2008(1) SRJ 321=2007(8) Supreme 333.]