Section 32
Extra-ordinary Family Pension And Gratuity
32. Extra-ordinary family pension and gratuity:
(1) If a Judge dies immediately in an accident in the course of performance of the duties of his or her office or dies subsequently as a result thereof prior to recovery, the widow wife or widower husband of such a Judge shall be provided with a separate life-long monthly family allowance as follows and also the following occasional gratuity in addition there to:
Monthly rate of family allowance Occasional gratuity
(a) Judge of Court of Appeal Rs. 250.00 Rs. 8,750.00
(b) Judge of District Court Rs. 195.00 Rs. 6,500.00
(2) The widow or widower of a Judge shall be recognized only on the following conditions:
(a) Marital relationship should have already been maintained prior to the death of the Judge.
(b) He or she should be living jointly with the Judge at the time of his or her death.
(3) The occasional gratuity as prescribed in Sub-section (1) may be given proportionately in lump sum to the offspring 38 born from the widow wife in cases where there is no widow or she had separated from him before the death of husband or the widow wife has remarried.
Provided that, if the offspring 39 is below Sixteen years of age, the Government of Nepal may also give an additional family allowance at such rate as deemed appropriate on pro rate basis, not exceeding Two-thirds of the family allowance receivable by the widow for their subsistence for such a person as the Government of Nepal may think appropriate.
(4) In cases where there is no widow, widower or offspring 40 of the deceased Judge, both the dependent mother and father of the Judge or any one among them, whoever is there, shall be provided with such an amount as determined reasonable by the Government of Nepal but not exceeding two Thirds of the family allowance receivable by the widow as the family allowance for their subsistence, for such a period as deemed reasonable by the Government of Nepal.
(5) …………….
(6) In cases where there is no widow, offspring, 42 mother or father of the deceased Judge but there is any of dependent brothers or unmarried sisters of the Judge, they shall be provided with such an amount as determined reasonable by the Government of Nepal but not exceeding two Thirds of the family allowance receivable by the widow as the family allowance for their subsistence, for such a period as deemed reasonable by the Government of Nepal.
(1) If a Judge dies immediately in an accident in the course of performance of the duties of his or her office or dies subsequently as a result thereof prior to recovery, the widow wife or widower husband of such a Judge shall be provided with a separate life-long monthly family allowance as follows and also the following occasional gratuity in addition there to:
Monthly rate of family allowance Occasional gratuity
(a) Judge of Court of Appeal Rs. 250.00 Rs. 8,750.00
(b) Judge of District Court Rs. 195.00 Rs. 6,500.00
(2) The widow or widower of a Judge shall be recognized only on the following conditions:
(a) Marital relationship should have already been maintained prior to the death of the Judge.
(b) He or she should be living jointly with the Judge at the time of his or her death.
(3) The occasional gratuity as prescribed in Sub-section (1) may be given proportionately in lump sum to the offspring 38 born from the widow wife in cases where there is no widow or she had separated from him before the death of husband or the widow wife has remarried.
Provided that, if the offspring 39 is below Sixteen years of age, the Government of Nepal may also give an additional family allowance at such rate as deemed appropriate on pro rate basis, not exceeding Two-thirds of the family allowance receivable by the widow for their subsistence for such a person as the Government of Nepal may think appropriate.
(4) In cases where there is no widow, widower or offspring 40 of the deceased Judge, both the dependent mother and father of the Judge or any one among them, whoever is there, shall be provided with such an amount as determined reasonable by the Government of Nepal but not exceeding two Thirds of the family allowance receivable by the widow as the family allowance for their subsistence, for such a period as deemed reasonable by the Government of Nepal.
(5) …………….
(6) In cases where there is no widow, offspring, 42 mother or father of the deceased Judge but there is any of dependent brothers or unmarried sisters of the Judge, they shall be provided with such an amount as determined reasonable by the Government of Nepal but not exceeding two Thirds of the family allowance receivable by the widow as the family allowance for their subsistence, for such a period as deemed reasonable by the Government of Nepal.