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Provided that the completion of continuous service of five years shall not be necessary where the
termination of the employment of any employee is due to death or disablement :
Provided further that in the case of death of the employee, gratuity payable to him shall be paid to
his nominee or, if no nomination has been made, to his heirs, and where any such nominees or
heirs is a minor, the share of such minor, shall be deposited with the controlling authority who
shall invest the same for the benefit of such minor in such bank or other financial institution, as
may be prescribed, until such minor attains majority.
Provided that where the date of superannuation or retirement of an employee is known, the
employee may apply to the employer before thirty days of the date of superannuation or
retirement.
(2) A nominee of an employee who is eligible for payment of gratuity under the second proviso to
sub-section (1) of section 4 shall apply, ordinarily within thirty days from the date the gratuity
became payable to him, in Form 'I' to the employer:
Provided that an application on plain paper with relevant particulars shall also be accepted. The
employer may obtain such other particulars as may be deemed necessary by him.
(3) A legal heir of an employee who is eligible for payment of gratuity under the second proviso to
sub-section (1) of section 4 shall apply, ordinarily within one year from the date the gratuity
became payable to him in Form 'K' to the employer.
(4) Where gratuity becomes payable under the Act before the commencement of these rules, the
periods of limitation specified in sub-rules (1), (2) and (3) shall be deemed to be operative from
the date of such commencement.
(5) An application for payment of gratuity filed after the expiry of the periods specified in this rule
shall also be entertained by the employer, if the applicant adduces sufficient cause for the delay
in preferring his claim, and no claim for gratuity under the Act shall be invalid merely because the
claimant failed to present his application within the specified period. Any dispute in this regard
shall be referred to the controlling authority for his decision.
(6) An application under this rule shall be presented to the employer either by personal service or
by registered post acknowledgment due.
Employees Deposit Linked Insurance Scheme
Section 22: Scales of assurance benefits and the minimum average balance to be
maintained by an employee.
On the death of an employee, who is a member of the Fund or of a provident fund exempted
under Section 17 of the Act, as the case may be, the persons entitled to receive the provident
fund accumulations of the deceased shall, in addition to such accumulations be paid an amount,
equal to the average balance in the account of the deceased in the Fund or of a Provident Fund
exempted under Section 17 of the Act, as the case may be , during preceding twelve months or
during the period of his membership, whichever is less, except where the average balance
exceeds rupees thirty-five thousand, the amount payable shall be rupees thirty-five thousand plus
25 per cent of the amount in excess of rupees thirty-five thousand subject to a ceiling of rupees
sixty thousand.
Explanation 1.-For the purpose of determining the average balance in the Fund or in the
Provident Fund exempted under Section 17 of the Act, as the case may be, in relation to any
employee, the sum total of contributions by the employee and the employer, due for and up to the
relevant period, whether paid or unpaid in the Fund or in the Provident Fund exempted under
Section 17 of the Act, as the case may be, together with interest thereon, shall be included.
Explanation 2.-The period of twelve months for calculation of benefits under this Scheme shall be
computed backwards from the month preceding the months in which death of the member
occurs.
(2) In the case of a part-time employee who was a member of the Fund or of a provident fund
exempted under Section 17 of the Act, as the case may be while serving in more than one factory
or establishment the quantum of benefit under this Scheme shall be determined with reference to
the average of the aggregate balance in all his account in the Fund or of Provident Fund
exempted under Section 17 of the Act, as the case may be, during the preceding twelve months.
(2) If no nomination subsists or if the nomination relates only to part of the amount standing to his
credit in the Fund or of a provident fund exempted under Section 17 of the Act, as the case may
be, the whole amount or the part thereof to which the nomination does not relate, as case may be
shall become payable to the members of his family in equal shares:
Provided further that the widow or widows, and child or children of a deceased son shall receive
between them in equal parts only the share which that son would have received if he had
survived the employee and had not attained the age of majority at the time of his death.
(3) In any case to which the provision of sub-paragraph (1) and (2) do not apply the whole
amount shall be payable to the person legally entitled to it.
(4) If a person who is eligible to receive assurance Scheme benefit of the deceased member in
terms of sub-paragraph (1), (2) or (3) is charged with the offence of murdering the member or for
abetting in the commission of such an offence, his claim to receive assurance benefit shall remain
suspended till the conclusion of the criminal proceedings instituted against him. If on the
conclusion of the criminal proceedings the person concerned is :-
(a) convicted for the murder or abetting in the murder of the member, he shall be debarred from
receiving his share of deposit-linked assurance benefit which shall be payable to other eligible
members if any of the family; or
(b) acquitted of the charge of murdering or abetting in the murder of the member, his share shall
be payable to him .
Explanation .- For the purpose of this paragraph an employees posthumous child, if born alive
shall be treated in the same way as a surviving child born before his death.
Note.- In cases where there are 2 or more widows, family pension shall be payable to the eldest
surviving widow. On her death it shall be payable to the next surviving widow,if any. The term
eldest would mean seniority with reference to the date of marriage.
Provided that if an Insurance Medical Officer is unable to arrive for the examination within 12
hours of such death the body may be disposed of after obtaining a certificate from such medical
officer or practitioner as may be available:
Provided further that nothing contained in this regulation shall be in derogation of any power
conferred on a Corner under any law for the time being in force or on the officer-in-charge of a
police station or some other police officer under Section 174 of the Code of Criminal Procedure,
1973 (2 of 1974).
(2) The following may be accepted as proof for purposes of clauses (ii) and (iii) of sub-regulation
(1) of this regulation-