Amendment status not verified — confirm the current text below against the official source.
The words “sums actually received” under this rule will also include the amount of temporary increase in pension for determining the amount of residuary gratuity payable to the nominee or legal heirs of the deceased Government servant. (5) The emoluments’ for the purpose of this section shall be subject to a maximum of Rs.2500/- per mensem and these shall be reckoned in accordance with the rule 6.19(C) of these rules; Provided that if the ‘emoluments’ of Government employee have been reduced during the last ten months of his service, otherwise than as a penalty average emoluments as defined in rule 6.24 of these rules shall be treated as emoluments. THE ACT & STATUTES 61 (including step-children and adopted childrens); Note:- In the case of Government employee who during the currency of the leave preparatory to retirement upto 180 days on full pay, or earned leave not exceeding 120 days; or first 120 days of any periods of earned leave on full pay exceeding 120 days, earns an increment which is not withheld, he is entitled to count the pay which he would have drawn had he remained on duty, as ‘emoluments’ for the purpose of death-cum-retirement gratuity under this sub rule, even though the increase in pay is not actually drawn leave. (6) The Government will have the right to effect recoveries from the gratuity sanctioned under this rule, in the same circumstances as recovery can be effected from an ordinary pension under 2.2 (b). (7) No gratuity may be granted under this rule, if the officer was dismissed or removed for misconduct, insolvency or inefficiency. Compassionate grants may, however, be made under this rule in accordance with rule 2.5. (8) A gratuity can be sanctioned under this rule after giving due regard to the provision of rule 6.4. The existing rules, which applies to the grant of an ordinary pension, will also apply in respect of a gratuity that may be sanctioned under this rule in so far as such rules are not inconsistent with the provision of rule 6.16-A and 6.16-B. 6.16-B(1) For the purpose of this rule : (a) “family” shall include the following relatives of the Govt. employee :- (i) wife or wives including judicially separated wife or wives, in the case of male Government employee; (ii) husband including judicially separated husband in the case of female Government employee; (iii) sons; (iv) unmarried and widowed daughters; (v) brothers below the age of 18 years and unmarried and widowed sisters, including step brothers and sisters; (vi) father; (including adoptive parents in case of individual whose personal law permits adoption); KURUKSHETRA UNIVERSITY KURUKSHETRA 62 (vii) mother; (viii) married daughters; and (ix) children of a predeceased son. (b) “persons” for the purpose of this rule shall include any company or association or body of individuals, whether incorporated or not. (2) An officer shall, at any time after confirmation, make a nomination conferring on one or more persons, the right to receive any gratuity that may be sanctioned under sub-rule (2) & (4) of rule 6.16-A and any gratuity which having become admissible to him under sub-rule (1) of that rule and rule 6.16 has not been paid to him before death; Provided that if, at the time of making nomination, the officer has a family, the nomination shall not be in favour of any person or persons other than the members of his family. (3) If an officer nominates more than one person under sub-rule (2) he shall specify in the nomination the amount of share payable to each of the nominees, in such manner as to cover the whole amount of the gratuity. (4) An officer may provide in a nomination (a) in respect of any specified nominee, that in the event of his predeceasing the officer the right conferred upon that nominee shall pass to such other persons as may be specified in the nomination; provided that if at the time of making the nomination the officer has a family consisting of more than one member, the person so specified shall not be person other than a member of his family; (b) that the nomination shall become invalid in the event of the happening of the contingency specified therein. (5) The nomination made by an officer who has no family at the time of making it, or a provision made in nomination under Clause (a) of sub-rule(4) by an officer whose family consists, at the date of making the nomination of only one member, shall become invalid in the event of the officer subsequently acquiring a family, or an additional member in the family, as the case may be. (6) (a) Every nomination shall be in such one of the forms Pen- 1-C to Pen-1-F as may be appropriate in the circumstances of the case. THE ACT & STATUTES 63 Note : The forms provided for only one alternate nominee and it is not open to a government servant to nominate more than one alternate nominee against any original nominee. (b) An officer may at any time cancel a nomination by sending a notice in writing to the appropriate authority; provided that the officer shall, alongwith such notice, send a fresh nomination made in accordance with this rule. (7) Immediately on the death of a nominee, in respect of whom no special provision has been made in the nomination under Clause (a) of sub-rule (4), or on the occurrence of any event, by reason of which the nomination becomes invalid, in pursuance of Clause (b) of that sub-rule or sub-rule(5), the officer shall send to the appropriate authority a notice in writing formally cancelling the nomination, together with a fresh nomination made in accordance with this rule. (8) (i) Every nomination made, and every notice of cancellation given, by an officer under this rule, shall be sent by him to the Accountant General, Haryana, in the case of a gazetted officer, and to the Head of his office in the case of non-gazetted officer. Immediately on receipt of a nomination from a non gazetted officer the Head of the office shall countersign it, indicating the date of receipt, and keep it in safe custody. Provided that the Head of office may authorise his subordinate gazetted officers to countersign nomination forms of non-gazetted Govt. employees. (ii) Suitable entry regarding receipt of nomination shall be made in the service book of the government employee concerned. (9) Every nomination made, and every notice of cancellation given, by an officer shall, to the extent that it is valid, take effect on the date on which it is received by the authority mentioned in sub- rule (8). 6.16-BB Debarring a person from receiving gratuity : (1) If a person, who in the event of death of a government employee while in service, is eligible to receive gratuity in terms of rule 6.16-B is charged with the offence of murdering the Government 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 :- KURUKSHETRA UNIVERSITY KURUKSHETRA 64 (a) is convicted for the murder or abetting in the murder of the government 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 government employee, his share of gratuity shall be payable to him. (3) The provision of sub-rules (1) and (2) shall also apply to the undisbursed gratuity admissible under rule 6.16-A, if a government employee dies after retirement without receiving the gratuity. Note :- While a nomination as also any change therein will normally be made by an officer during his service, he may be allowed to make a fresh nomination after retirement if such a contingency arises. 6.16-C In chapter VI, in section III, for Part C, the following part shall be substituted namely :- C-Terminal gratuity for Temporary servant, (1) w.e.f the 7th June, 1961, a temporary government servant who is discharged on account of retrenchment will be eligible for a gratuity at the rate of 1/3rd of a month’s pay for each completed year of service, provided he has completed not less than 5 years continuous service at the time of discharge. (2) (a) for the purpose of sub-rule(1) the term ‘pay’ means basic pay and dearness pay only or the date of his discharge from service. It will not include special pay, personal pay, and other emoluments classed as “pay”. In case the person concerned was on leave with or without allowance immediately before discharge pay for the purpose will be the pay which he drew before proceeding on such leave, provided that the benefit of increase in such pay not actually drawn due to increment or promotion to a post carrying a higher rate of pay falling during leave not exceeding 120 days of earned leave or the first 120 days of such earned leave exceeding 120 days only will also be taken in account. (b) “Government service” means temporary service under the Government of Haryana and includes temporary service rendered in composite Punjab and in the erstwhile Pepsu before its merger with Punjab. (c) “A temporary service” means service in a temporary post and officiating service in a permanent post. THE ACT & STATUTES 65 (3) The grant of gratuity under this rule shall be subject to the service rendered by the government employee concerned being held by the authority competent to appoint him to be approved and satisfactory. No gratuity shall be admissible :- (a) in case where the government servant concerned resigns his post or is removed or dismissed from public service; (b) to a probationer or other government servant discharged from failure to pass the prescribed test or examination; (c) to re-employed pensioner. In case the amount of gratuity payable under this rule remains undrawn on account of death of a government servant, it will be payable to his family in the order of preference given below :-