Section 44 in The Khadi And Village Industries Commission Employees (Pension) Regulations, 1984
44. Death-cum retirement gratuity.
(1)(a)An employee of the Commission who has completed five years qualifying service and has become eligible for service gratuity or pension under Regulation 43 shall on his retirement, be granted death-cum-retirement gratuity equal to one-fourth of his emoluments for each completed 6 months period of qualifying service, subject to a maximum of 16-1/2 times the emoluments.(b)If an employee of the Commission dies while in service after completing five years qualifying service, the amount of death-cum retirement grauity shall be equal to 12 times of his emoluments or the amount determined under clause (a), whichever is higher and it shall be paid to his family in the manner indicated in sub-regulation (a) of Regulation 45:Provided that the amount of death-cum retirement gratuity payable under this regulation shall, in no case, exceed thirty six thousand rupees.(2)If an employee of the Commission who has become eligible for a service gratuity or pension, dies within five years from the date of his retirement from service, including compulsory retirement as a penalty and the sums actually received by him at the time of his death on account of such gratuity or pension including adhoc increase, if any, together with the death-cum-retirement gratuity admissible under sub-regulation (1) and the commuted value of any portion of pension commuted by him are less than the amount equal to 12 times of his emoluments, a residuary gratuity equal to the deficiency may be granted to his family in the manner indicated in sub-regulation (1) of Regulation 45.(3)(a)If an employee of the Commission dies in the first year of qualifying service, a death-cum-retirement gratuity equal to 2 times of his emoluments at the time of his death shall be paid his family in the manner indicated in sub-regulation (1) of regulation 45.(b)If an employee of the Commission dies after completion of one year of qualifying service, but before completing 5 years of qualifying service, the amount of death-cum-retirement gratuity shall be equal to 6 times of his emoluments.(4)The emoluments for the purpose of gratuity admissible under this regulation shall be subject to a maximum of two thousand five hundred rupees per mensem, and shall be reckoned in accordance with Regulation 30.Provided that if the emoluments of an employee of the Commission have been reduced during last ten months of his service otherwise than as a penalty average emoluments as referred to in Regulation 31 shall be treated as emoluments.(5)For the purposes of this regulation and Regulations 45,47 and 48 'family' in relation to an employee of the Commission means:(i)Wife or wives including judicially separated wife or wives, in the case of a male employee;(ii)Husband including judicially separated husband, in the case of a fenlale employee.(iii)Sons including stepsons and adopted sons,(iv)Unmarried daughters including step daughters and adopted daughters,(v)Widowed daughters including step daughters and adopted daughters,(vi)father/mother including adoptive parents in the case of individual whose personal law permits adoption,(viii)brothers below the age of eighteen years including step brothers.(ix)Unmarried sisters and widowed sisters including step sisters;(x)married daughters, and(xi)children of predeceased son.Explanation. - (1) These regulations do not prohibit the grant of family pension/death-cum-retirement gratuity to the family of an employee of the Commission who commits suicide.(2)Determination of Death-cum-retirement gratuity when service records areincomplete:-(i)If the deceased employee had, at the time of death, rendered more than five years qualifying service but less than 24 years qualifying service, and the spell of last five years service has been verified and accepted by the Head of Officer, the amount of death cum-retirement gratuity shall be equal to 12 times of deceased employee's emoluments as indicated in clause (b) of sub-regulation (1) of this Regulation. Where the verified and accepted service is less than five years of qualifying service, the amount of death-cum-retirement gratuity shall be equal to twice or six times of his emoluments as indicated in clauses (a) and (b) of sub-regulation (3) of this Regulation.(ii)If the deceased employee of the Commission rendered more than 24 years of service and the entire service is not capable of being verified and accepted, but the service for the last 5 years has been verified and accepted under sub-clause (i), the family of the deceased employee of the Commission shall be allowed on provisional basis, the death-cum-retirement gratuity equal to 12 times of the emoluments. Final amount of the gratuity shall be determined on the basis of the entire spell of service which may be verified and accepted by the head of office within a period of 6 months from the date on which the authority for the payment of provisional gratuity was issued. The balance, if any, becoming payable as a result of determination of final amount of death-cum-retirement gratuity shall then be authorised to the beneficiary or beneficiaries.
