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Union of India - Section

Section 19 in All India Services (Death-Cum-Retirement Benefits) Rules, 1958

19. [ Retirement or Death Gratuity. [Substituted vide DOP&T Notification No. 29018/16/2013-AIS(II) (GSR 492E dated 12/07/2013).]

(1)Subject to the provisions of rule 14, a member of the Service who retires or is retired under rule [13 or 16] and has on the date of such retirement completed 5 years qualifying service may be granted a death-cum-retirement gratuity not exceeding the amount specified in sub-rule (3).
(2)If a member of the Service [] [Deleted vide MHA Notification No. 29/5/67-AIS(II) dated 1.9.68] dies while in service, a death-cum-retirement gratuity not exceeding the amount specified in sub-rule (3) may be paid to the person or persons on whom the right to receive such gratuity is conferred under rule 21 and, if there is no such person, it may be paid in the manner indicated below:
(i)If there are one or more surviving members of the family as in items (i), (ii) and (iii) of clause (a) of sub-rule (1) of rule 21, it may be paid to all such members, other than any such member who is a widowed daughter, in equal shares.
(ii)If there are no such surviving members of the family as in clause (i) above, but there are one or more surviving widowed daughters and/or one or more surviving members of the family as in items [(iv) to (viii)] [Substituted vide MHA Notification No. 29/7/60-AIS(II) dated 30.11.62] of clause (a) of sub-rule (1) of rule 21, it may be paid to all such members in equal shares.]
(2A)[ If a member of the Service dies after retirement without receiving the gratuity admissible under these rules, the gratuity shall be disbursed to the family in the manner indicated in sub-rule(2).
(2B)The right of a female member of the family or that of a brother of the member of the Service who dies while in service or after retirement, to receive the share of gratuity shall not be affected if the female member marries or re-marries or the brother attains the age of 18 years after death of the member of the service and before receiving his or her share of gratuity.(2C ) Where gratuity is granted under this rule to a minor member of the family of the deceased member of the service, it shall be payable to the guardian on behalf of the minor.] [Inserted vide DP&AR Notification No. 25011/37/80-AIS(II) dated 26.2.81 (GSR No. 276 dated 14.3.81)]
(3)[(a)(i) A retirement gratuity equal to one fourth of the emoluments for each completed period of six months of service shall be paid to member of the service on his retirement from service who has completed five years' qualifying service, subject to a maximum of sixteen and half times of the emoluments:Provided that the amount of retirement gratuity payable under this clause shall not exceed [rupees ten lakhs.] [Substituted vide DP&T Notification No. 25011/14/84-AIS(II) dated 31.5.85]
(ii)In the case of the death of a member of the service while in service, death gratuity shall be admissible at the following rates:-
Length of service Rate of Gratuity
(i) Less than one year Two times of emoluments.
(ii) One year or more but less than 5 years. Six 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 ofqualifying service subject to a maximum of 33 times.
[Provided that the amount of retirement gratuity payable under this clause shall in no case exceed rupees ten lakhs.] [Substituted vide DOP&T Notification No. 29018/16/2013-AIS(II) (GSR 492E dated 12/07/2013)]
(b)If a member of the Service who has become eligible for gratuity or pension dies after he has retired from the Service, and the sums to which he had become entitled at the time of his death on account of such gratuity or pension together with the death-cum-retirement gratuity granted under sub-rule(1) and the commuted value of any portion of pension commuted by him are less than an amount equal to 12 times of his emoluments, a gratuity equal to the deficiency may be granted to the person or persons specified in sub-rule (2).
[Omitted] [Omitted vide DP&T Notification No. 25011/12/87-AIS(II) dated 22.5.87]