(1) If any
civil employee who has served in the civil service has disappeared
and whose whereabouts have not been traced until the prescribed
period whether he/she is dead or alive, the amount of gratuity or
pension to which such employee is entitled pursuant to Section 36 or
37 shall be provided to his/her family.
(2) Notwithstanding anything contained in Sub-section (1),
his/her family shall be provided with the family pension equal to the
full amount of pension for up to Seven years if he/she who is
entitled to pension pursuant to Section 37 disappears prior to
receiving pension and for up to the period remaining to complete
Seven years if he/she disappears after starting to receive pension,
and after that period, his/her wife or husband shall be provided with
family pension equal to half the amount of pension for life.
(3) If the employee disappeared is traced subsequently, the
gratuity as referred to in Section 36, if not paid yet, or the amount of
pension receivable under Section 37 shall be provided to him/herself
from the date on which he/she claims for the same.
Provided that, the person traced subsequently shall not be
entitled to claim such amount of gratuity, pension or family pension
as has already been paid pursuant to Sub-section (1) or (2).