Definition of Family
January 16, 2013 at 4:28 pm #68397
What are the various definitions of family in West Bengal?January 17, 2013 at 4:04 pm #76422
The definition of ‘family’ varies for different purposes. I am trying to place them here with due regard to limitation of my knowledge.
A. West Bengal Government Servants’ Conduct Rules, 1959
The wife, child or step-child of such Government employee whether residing with him or not and where the Government employee is a woman the husband ; but does not include—
1) a wife or husband legally separated from him or her; and
2) a child or step-child who is no longer, in any way, dependent on him or her or of whose custody he or she has been deprived by law; and
3) any other person related, whether by blood or by marriage, to the Government employee or to the Government employee’s wife or husband and wholly dependent on such Government employee-
B. West Bengal Services (Duties, Rights and Obligations of the Government employees) Rules, 1980
The wife or husband, as the case may be, and the child or the step-child of the Government employee;
C. Declaration of Assets
The wife or husband and the child or the stepchild of the Govt. employee
D. Travelling Allowance &
E. Leave Travel Concession
1) The wife (but not more than one wife) or husband, as the case may be, residing with the Government employee and
2) Legitimate children and stepchildren residing with and wholly dependent on the Government employee (Major sons and married daughters including widowed daughters, so long as they are residing with and wholly dependent upon the Government employee and children taken as wards by the Government employee, under the Guardians and Wards Act, 1890, provided such award lives with the Government employee and is treated as a member of the family and provided the Government employee through a special will, has given such a ward the same status as that of natural-born child and also the married daughter can be said to be wholly dependent on the father/ mother only in case of special and exceptional circumstances, such as where she has been divorced, abandoned or separated from the husband, and is financially dependent on the parent.).
3) Parent, stepmother, sisters (both urmarried sisters residing with and wholly dependent on the Government employee and widowed sisters residing with and wholly dependent on the Government employee,provided their father is either not alive or is himself wholly dependent on the Government employee concerned)and minor brothers residing with and wholly dependent on the Government employee.”
* A legitimate child, stepchild, parents, sisters and minor brothers who reside with the Government employee and whose income from all sources including pension (inclusive of dearness relief temporary increase in pension and pension equivalent of gatuity does not exceed Rs. 1500/- p.m. shall be deemed to be “wholly dependent” upon the Government employee.
(Annexure to Finance Deptt. Memo No.4730-F dated 25.5.1999 in supersession of rule 4(7) of the West Bengal Service Rules, Part II)
F. Death Gratuity
1) wife in the case of a male officer,
2) husband in the case of a female officer,
3) sons including stepsons,
4) unmarried and widowed daughters (including stepdaughters),
5) brothers below the age of 18 years and unmarried or widowed sisters,
G. Family Pension
1) The Husband/wife,
2) sons (including adopted sons) and unmarried daughters including adopted daughters upto the age of 25 years,
5) Post retiral spouses and their children with effect from 1.4.65 (by virtue of amendment of Note below Rule 7(2) of W.B.S. (DCRB) Rules 1971 vide G.O. No. 1996-F (Pen) dt. 27.9.91, No. 540-F (Pen) dt. 28.3.94 & No. 1886-F (Pen) dt. 6.12.94).
*Sons and unmarried daughters who had crossed 18 yrs or 21 yrs as the case may be on 18.6.91 will not be entitled to this benefit and their cases will not be re-opened. (No. 1806-F (pen) dt. 3.8.91 & No. 10773 (Pen) dt. 18.6.91.
**The children born out of second marriage even when the marriage is void under the Hindu Marriage Act, 1955 are to be accepted as members of the family/legal heirs under the meaning of Rule 7(1)(1) and (2) and Rule 170 of DCRB Rules, 1971
H. Group Insurance Scheme
1) Wife or husband,
2) Sons including Step sons,
3) Unmarried and widowed daughter including step daughters,
4) Brothers below the age of 18 years,
5) Unmarried or widowed sisters,
I. General Provident Fund
1) Wife or husband,
3) widow or widows and children of a deceased son of the subscriber.
*A female subscriber may exclude her husband from family. [ Rule 2 (C) of G.P.F. Rules ]
J. Medical Attendance Rules
1) wife or husband,
2) legitimate children including step children and unmarried daughters,
3) minor brothers, minor sisters,
4) parents (whose income does not exceeds Rs. 500/-** p.m. as per GO No. H/GA/861/9M/F-16/92 dt. 25.3.94).
(*Family members availing benefit should be wholly dependent on the employee)
** May have been modified to Rs. 1500/-. Have to check.
J. Health Scheme
1) Husband or Wife, as the case may be,
2) Parents whose monthly income does not exceed rupees three thousand and five hundred (as an exception, parents can live away from employee in another station with other members of family. A declaration regarding the income of parents should be furnished by the employee concerned once at the beginning of every calendar year.),
3) Children, including Step-children, legally adopted children (for Son – till he starts earning or attains the age of 25 years, whichever is earlier. No age limit if suffering from permanent disabilities either physically or mentally)
4) unmarried daughters (till she starts earning (irrespective of age),
5) Dependent widowed/ divorced daughters,
6) Minor brothers, minor sisters,
7) Dependent unmarried/ Widowed/ Divorced sisters.
K. Cash equivalent of the leave salary
1) Wife in the case of a male officer;
2) husband in the case of a female officer;
3) minor sons including adopted sons ;
4) unmarried minor daughters including adopted daughters ;
5) dependent parents.January 19, 2013 at 6:38 am #76432
In case of WB govt. employees whether it is mandatory for family to STAY WITH THE EMPLOYEE to avail of the benefits of WBHS? I raise this question as it is obligatory on the part of dependent family (except spouse) to stay with the central govt. employee if he/she wants to avail of the benefits of Central Govt. Health Scheme (CGHS) where such scheme is available (CGHS is available only in 18 cities of India).January 19, 2013 at 1:19 pm #76438
I gone through WBHS and not found such condition to stay together with the employee to avail benefits by the family members.
Is it mandatory in CGHS to avail medical facility by the employee and family members in the same city where the employee is posted?January 20, 2013 at 2:33 pm #76466
Is it mandatory in CGHS to avail medical facility by the employee and family members in the same city where the employee is posted?
Yes, excepting the spouse all other dependent family members MUST stay along with the central govt. employee in the same city to avail CGHS benefits.
Now see my case. My wife (aided school teacher) and minor daughter avail of CGHS benefits in Kolkata. If I be transferred to Delhi and started availing of CGHS facilities there, my wife will continue to avail the same CGHS benefit in Kolkata as it is not obligatory for her to stay with me in my workplace. Moreover, she being a school teacher in WB cannot stay with me in Delhi. Now what about my dependent minor daughter who, under the extant CGHS rules, is under compulsion to stay with me in Delhi for CGHS benefits as she is my dependent !!! Is it possible for a minor to leave her mother in Kolkata and stay with father in Delhi ? Same problem may be crop out for reimbursement of her educational allowance also.January 20, 2013 at 3:37 pm #76472
Now what about my dependent minor daughter who, under the extant CGHS rules, is under compulsion to stay with me in Delhi for CGHS benefits as she is my dependent !!!
Rules should be more liberal. After all you are paying the Health Insurance (a sort of though) premium.
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