CourtMesh

Section 4: Condition for the grant of gratuity.;-__Subject to the provisions mentioned in rule 3 gratuity shall be granted to the whole time employees of the Board for good, efficient and faithful service and shall be admissible i…

Oil Industry Development Board Employees” (Death-cum-Retirement) Gratuity Rules, 1983Central Rules · 1974

(a) Discharge on abolition of post.

(b) Permanent incapacity due to bodily or mental infirmity.

(c) On the death of an employee while in service.

(d) Superannuation.

(e) Resignation (on or after the 1st February, 1980) in the case of Supervisory employee after rendering 5 year’s qualifying service in the Board on the date of relief from the service of the Board.

(f) (i) Gratuity will not be admissible, to an employee who resigns from service before completing 5 year’s qualifying service or whose services are terminated for misconduct, insolvency or inefficiency.

(ii) Except in the case of death, gratuity will be admissible only after five year’s qualifying service.

5. Amount of gratuity - (1) Gratuity will be equal to 1/4th of the emoluments for each completed period of six months of service subject to a maximum of 16 1/2 times the emoluments or Rupees 3.5 lakh whichever is less.

(2) In the case of death, the amount of gratuity will be calculated as provided in sub-rule (1) or as mentioned below whichever is more :- Length of service Rate of Gratuity i. Less than one year 2 times of emoluments ii. One year or more but less than 5 years 6 times of emoluments iii. 5 years or more but less than 20 years 12 times of emoluments iv. 20 years or more Half of emoluments for every completed six monthly period of qualifying service subject to a maximum of 33 times of emoluments provided that the amount of death gratuity shall in no case exceed one lakh rupees.

[GSR-398 (E) dated 30.3.89]

6. Nomination for Payment of gratuity -

(1) Every employee shall make a nomination in the form appended to these rules conferring on one or more persons of his family, the right to receive the gratuity in the event of his death while in service or after quitting service but before payment of the gratuity is made, indicating the shares payable to each member. In the case of an employee having no family, the nomination may be made in favour of a person or persons or a body of persons, corporate or incorporate. If after having made a nomination in favour of a person who is not a member of his/ her family, the employee acquires a family, the nomination so made, will automatically lapse and unless a fresh nomination is made, gratuity will be paid to the surviving members of the family in accordance with the provisions of these rules.

(2) In the event of there being no nomination, the gratuity, on death, may be paid in the manner indicated below:-

(a) if there are one or more surviving members of the family as provided in sub-clauses (i) to (iv) of clause (b) of rule 2, it shall be paid to all such members, other than any such member who is a widowed daughter, in equal shares.

(b) If there are no such surviving members of the family but there are one or more surviving widowed daughter, and or more surviving members of the family as mentioned in sub-clauses (v) to (ix) of clause (b) of rule 2, the gratuity shall be paid to all such members, in equal shares.

(3) An employee may at any time, revoke or change the nomination made under sub-rule(1) and make a new one which shall be effective from the date it is filed with the Board.

Where this provision sits

ActOil Industry Development Board Employees” (Death-cum-Retirement) Gratuity Rules, 1983
Section4
Marginal noteCondition for the grant of gratuity.;-__Subject to the provisions mentioned in rule 3 gratuity shall be granted to the whole time employees of the Board for good, efficient and faithful service and shall be admissible in the following circumstances
JurisdictionCentral
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? Oil Industry Development Board Employees” (Death-cum-Retirement) Gratuity Rules, 1983 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.