(1) If any civil employee dies
while in service or prior to completion of seven years after he/she
started to receive pension, a gratuity or pension as provided for in
Section 36 or 37 shall be provided to his/her family or minor brother
or unmarried sister.
Provided that, in the case of pension, such pension shall not
be available for more than Seven years. No pension shall be
provided to the family of the civil employee, who died prior to
completion of Seven years after he/she started to receive pension,
after completion of Seven years.
(2) Notwithstanding anything contained in Sub-section (1), if
the recipient of such pension is a minor, he/she shall be entitled to
such pension until he/she attends majority.
(3) The widower husband or widow wife of a civil employee
shall be entitled, for life, to half the amount of pension receivable by
such employee from the date of expiration of the period during
which such widower husband or widow wife is entitled to family
pension pursuant to Sub-section (1) by reason of the death of her
husband or his wife while in service or prior to completion of Seven
years after he/she started to receive pension and from the date of
death of such employee where such widower husband or widow wife
is not entitled to such family pension or where his wife or her
husband dies after completion of seven years after he/she started to
receive pension.
۩ Provided that, if such widower husband or widow wife
concludes another marriage, he or she shall not be entitled to this
kind of pension facility.
(3a) Notwithstanding anything contained in Sub-section (3),
if the pension receiver widower husband or widow wife dies or
he/she marries with other, such pension amount shall be provided as
prescribed to minor children until they attain majority.
(4) Where the salary of incumbent civil employee is
increased, the two-thirds of the total amount increased in the figure
of basic salary shall also be added to the amount of family pension
of the person receiving family pension pursuant to sub-sections (1),
(2) and (3).
(5) If any employee dies prior to receiving any amount to
which that employee is entitled under this Act, such amount shall be
paid to the person from amongst his/her family members who is held
to be entitled to the gratuity or pension of that employee pursuant to
this Act.
(6) In providing gratuity or pension, if the deceased civil
employee has nominated any member of his/her family or his/her
minor brother or unmarried sister, gratuity or pension shall be
provided to such person, and if, for any reason, gratuity or pension
cannot be provided to such person or if nobody has been nominated,
it shall be provided to such person from amongst the members of
his/her family as may be deemed appropriate by Government of
Nepal.