New Delhi: A minor can now get a maximum of Rs 1.5 lakh or 20 per cent of death gratuity, whichever is less, through his or her guardian as against the earlier limit of Rs 10,000, the government has said.
As per earlier order, an amount of Rs 10,000 in favour of a minor could be made to his or her guardian, in the absence of a natural guardian subject to production of an indemnity bond.
The issue was examined and it has been decided that the payment of death gratuity in respect of a minor to the extent of 20 per cent or Rs 1.50 lakh, whichever is less may be paid to him or her on guardian, in the absence of natural guardian, without the production of a formal guardianship certificate but subject to the production of an indemnity bond with suitable sureties, the Ministry of Personnel said in an order.
"The balance in excess of 20 per cent or Rs 1.50 lakh, as the case may be, would become payable on the production of a certificate of guardianship," it said.
It is essential however, that there should be adequate prima facie grounds for making payment to the person claiming it, the Ministry said.
Such ground can exist only if he is shown by a declaration to be a de facto guardian and his bona fides have been ascertained. Even if a guardian has not yet been appointed by the Court, if the minor and his property are in the custody of some person, such person is in law a de facto guardian, it said.
"The authorities making the payment, should, therefore, require the person who comes forward to claim payment on behalf of the minor, to satisfy themselves by a form that he is in charge of the property of the minor and is looking after it or that, if the minor has no property other than the gratuity, the minor is in his custody and care.
The form so to be produced is in addition to the indemnity bond with suitable sureties, the Ministry said.
A new form for indemnity bond has also been issued by the government in this regard.
