Amendment status not verified — confirm the current text below against the official source.
Persons to whom Gratuity is payable (1) (a) The gratuity payable under Rule 27 shall be paid to the person or persons on whom the right to receive the gratuity is conferred by means of a nomination in Form 1 or 2, as the case may be, as appropriate in the circumstances of the case conferring on one or more persons the right to receive the retirement/ death gratuity. (b) If there is no such nomination or if the nomination made does not subsist, the gratuity shall be paid in the manner indicated below :- (i) If there are one or more surviving members of the family as in the following sub- clauses (aa), (bb), (cc) and (dd) to all such members in equal shares: (aa) wife or wives including judicially separated wife or wives in the case of a male employee; (bb) husband including judicially separated husband in the case of a female employee; (cc) sons including step-sons and adopted sons; and (dd) unmarried daughters including step-daughters and adopted daughters. (ii) If there are no such surviving members of the family as in clause (i) above, but there are one or more members as in the following sub-clauses (aa), (bb), (cc) and (dd), (ee), (ff) and (gg) to all such members in equal shares: (aa) widowed daughters including step-daughters and adopted daughters; (bb) father including adoptive parents in the case of individuals (cc) mother whose personal law permits adoption; (dd) brothers below the age of eighteen years including step-brothers; (ee) unmarried sisters and widowed sisters including step-sisters; (ff) married daughters; and (gg) children of the pre-deceased son. (2) If an employee dies after retirement without receiving the gratuity admissible under sub- rule (1) of Rule 27 the gratuity shall be disbursed to the family in the manner indicated in sub-rule (1). (3) The right of a female member of the family, or that of a brother, of an employee who dies while in service or after retirement, to receive the share of gratuity shall not be affected if the female marries or re-marries, or the brother attains the age of eighteen years, after the death of the employee and before receiving her or his share of the gratuity. (4) Where gratuity is granted under Rule 27 to a minor member of the family of the deceased employee, it shall be payable to the guardian on behalf of the minor. 28-A. Debarring a person from receiving gratuity- 149 (1) If a person who in the event of death of an employee while in service is eligible to receive gratuity in terms of Rule 28, is charged with the offence of murdering the employee or for abetting in the commission of such an offence, his claim to receive his share of gratuity shall remain suspended till the conclusion of the criminal proceedings instituted against him. (2) If on the conclusion of the criminal proceedings referred to in sub-rule (1), the person concerned- (a) is convicted for the murder or abetting in the murder of the employee, he shall be debarred from receiving his share of gratuity which shall be payable to other eligible members of the family, if any, (b) is acquitted of the charge of murdering or abetting in the murder of the employee, his share of gratuity shall be payable to him.