(1) If any civil employee dies immediately in an accident in the course of performance of the government business or dies subsequently as a result thereof prior to recovery, the wife or husband of such employee shall be provided with an amount to be set by Fifty percent of the minimum pension as referred to in Sub-section (2) of Section 37 of the Act as the monthly family allowance for life and a lump sum amount equal to Three months' salary being drawn by the deceased employee, as an additional gratuity.
(2) The widow or widower of a civil employee shall be
recognized only on the following conditions:
(a) Marital relationship should have already been maintained with such civil employee prior to the occurrence of the event of death due to the above cause.
(b) He or she should be living jointly with that civil employee at the time of his or her death.
(3) The occasional gratuity as prescribed in Sub-rule (1) may be given proportionately in lump sum to the offspring of the deceased employee born before re-marriage of such widow or adopted son in cases where there is no widow or she had separated from him before the death of husband. But, if the offspring or adopted son is below Eighteen years of age, the Government of Nepal may also give an additional family allowance at such rate as deemed appropriate on pro rata, not
exceeding Two-thirds of the family allowance receivable by the widow until they reach Eighteen years of age, for their subsistence.
(4) In cases where there is no widow or widower, offspring or adopted son or daughter of the deceased civil employee, both the dependent mother and father of such employee or any one among them, whoever is there, shall be provided with an amount not exceeding Two Thirds of the family allowance receivable by the widow or widower as
the life-long family allowance for their subsistence.
(5) In cases where there is any dispute as to the title of the widow, widower or offspring of the deceased civil employee, the Government of Nepal may make take action in a reasonable and justifiable manner.
(6) In cases where there is no widow, widower, offspring, adopted son, daughter or mother and father of the deceased civil
employee but there are dependent brothers or unmarried sisters of such employee, the Government of Nepal may give them, on prorate basis, the family allowance in an amount not exceeding Two Thirds of the family allowance receivable by the widow or widower at such a rate
and for such a period as it may consider to be reasonable, for their subsistence.
Explanation : For the purposes of this Rule, the term "mother and father" includes her father-in-law and mother-in-law in the case of a female civil employee.