(1) No gratuity will be granted to in the case of an employee— 7
(a) If heshe has not completed service in the Corporation for a minimum period of Ten years, or
(b) If he/she is or has been dismissed from service of the Corporation.
(2) Notwithstanding anything contained in clause (a) of sub-regulation (1), gratuity will be granted to an employee who has not completed service in the Corporation for a minimum period of 10 years if—
(i) He/she died while in the service of the Corporation, or
(ii) He/she retired or has been required to retire either on account of certified permanent incapacity due to bodily or mental infirmity or owing to the abolition of his/her appointment on account of reduction of establishment, or
(iii) His/her service in the Corporation is terminated by the Corporation for reasons other than reduction of establishment or dismissal for misconduct. - o 5. Payment of reduced amount of gratuity.—Notwithstanding anything contained in the foregoing regulations, the Corporation may, while determining the amount of gratuity payable to en employee, take into account any financial loss caused to the Corporation by reason of inefficiency or misconduct of such employee and grant a reduced amount of gratuity.
Provided that the difference between the amount of gratuity ordinarily admissible under the foregoing regulations and the amount of gratuity so reduced shall not exceed the amount of the financial loss caused to the Corporation.
6 { Gratuity Regulation 6, .\Nomination.—(1) An‘employee’shall, as soon as may be.after these tegulations come into force,‘send to the Corporation anomination conferring on one or more persons the. right to receive the »amount‘that may ‘become: ‘payable in the event of his or her death occurring before that'amount has become ‘payable or before the amount having become payable has :not-been paid. ‘Provided ‘that if at the time of making the nomination the employee has a family, the nomination’shall not be in favour of any:person or persons other than the.member or members ‘of his or her family.
(2) If the person thus nominated is at the time of his/her nomination-a minor or {5 Gratuity Regulations ] ee eee under legal disability to give a valid receipt of discharge to the Corporation the employee 4 shall, at the time of such nomination as dforesaid eppoint another person‘of full age who is capable of giving a valid receipt of discharge and to whom the a:nount of gratuity is to be paid for and ‘on behalf of the:person $o)nominated ias. aforesaid-so long asihe shall be a minor or‘be under legal disability and the receipt of the said person of {ull age shall during the:minority or:the legal ‘disability of the-person’so nominated as aforesaid be a good »discharge to theiCorporation.
(3) If an employee nominates more than one person under sub-regulation (i), he or she shall specify in the.nomination_ the amount or shara. _payable to each of the nominees in such manner as to cover the.whole of the amount that may become payable at any time. :
(4) Every nomination shall be in such one of the forms set forth in the Schedule to these regulations as is appropriate inthe circnmstances.
(5) An'employee may at any time cancel a nomination by sending a notice to the Corporation, provided -that the ‘employee’ shall along with such notice send a fresh nomination mede in accordance with the provision of this regulation.
(6) An employee may provide in a nomination :—
(a) In respect of any specified nominee, that in the event of his or her predeceasing the employee the right conferred upon that nominee shall pass to such other persons as may be specified in the nomination, provided.that such other person or persons shall, if an employee has other members of his femily, be such other member or members.
(b) that the nomination shall become invalid in the event of the happening ofa contingency specified therein.
Provided that if at the time of making the nomination the employes has no family he/she shall’ provide in the nomination that it shall become invalid in the event of his/her subsequently acquiring a-family.
(7) Immediately on-the death of nominee in respect of whom no special provision has been made in the romingtion under clause (a) of sub-regulation (vi) of this regulation or on the occurrence of any event by reason of which the nomination becomes invalid in on we le pa ri on eof clause (b) of sub-regulation (vi) of this regulation or the provision thereto, anc acy wes i i i A employee shall send to the Corporation: a notice in writing cancelling the Cathie the ther with a fresh nomination made in accordance with the provision of thi toge!
regulation.
e and every notice of cancellation given by an emplothe date on which itis received by the employment of the {8) Every nomination mad yee shall'to the extent that it is valid, take effect on the Corporation, provided that on such date the employee is in Corporation.
ath of the. employee.—lo the.event.of the death . Payment in case of de t 7 caun f gratuity admissible shall be paid of an employee before receipt of gratuity the.amount. 0 to the person or persons in the manner prescribed below :— On the death of the employee :
(1) When the employee leaves a family.—(a) If a nomination made by the employee in accordance with these regulations in favour of a member or members of his/her femily subsists the amount of gratuity payable to him or the part thereof to which the nomination relates, shall become payable to the nominee or nominees in the proportion specified in the nomination.
If no such nomination in favour of a member or members of the family of the employee subsists or if such nomination relates only to a part of the whole amount of gratuity payable to him/her, the whole amount or the part thereof to which the nomination does not relate as the case may be shall notwithstanding any nomination purporting to be in favour of any person or persons other than a member or members of his/her family, become payable to the members of his/her family in equal shares.
(b
Provided that no share as stated in clause (b) of this sub-regulation shall be payable to :-—
(i) Sons who have attained legal majority.
(ii) Sons of deceased son who have attained legal majority.
(iii) Married daughters whose husbands are alive
(iv) Married daughters of a deceased son whose husbands are alive.
\f there is alive any member of the family other than those specified in clauses
(ii), (iii) and (iv). Provided further that the widow or widows and the child or children of a deceased son shall receive between them in equal parts on the share which that son would have received if he had survived the employee and had been exempted from the Provision of clause (i) of this proviso.
(2) When the employee leaves no family, if a nomination made by him/her in accordancy with these regulations in favour of any person subsists the amount of gratuity [ Gratuity Regulations _ Er os payable to him/her or the part thereof to Which the, nomination relates shall become pay;
able to his/her nominee or nominees in the proportion specified in the nomination and the balance if any shall be payable to the person producing proof of legal representation 10 the estate of the deceased employee.
“2 (3) When the employee leaves no family and has either failed to make-a nomination or has made a nomination which is not in accordance w:th these regulations the amount of gratuity payable to him shall become payable to the persons producing proof of legal representation to the estate of the deceased employee or a succession certificate (claiming the amount as a dabt due to the estate of the deceased employee). :