Section 11 in The Rajasthan Municipalities (Contributory Provident Fund and Gratuity) Rules, 1969
11. [ Payment of Gratuity. [Substituted by Notification No. Tax/F. 98 (Misc.) DLB/59, dated 17-1-1981, Published in Rajasthan Gazette, Part IV-C, dated 1-10-1981, page 294.]
(1)Every Board in addition to its share of contribution as provided under Rule 10, shall also grant to a subscriber who has completed 5 years service, the amount of gratuity at the rate of one fourth of the emoluments of a subscriber for each completed 6 monthly period of service subject to a maximum of 16-½ times of emoluments. In the event of death of a subscriber while~in service the gratuity will be subject to a minimum of 12 times the emoluments of the subscriber at the time of death :[Provided that the amount of Gratuity and Death-cum-Retirement Gratuity payable under this Rule shall not exceed 3.5 Lacs Rupees with effect from 1-1-97.](2)The term "emolument" for the purposes of this Rule shall mean monthly pay, personal pay and special pay, if any, which a subscriber was drawing immediately before his retirement or death;[Provided further that the amount of Dearness Allowance admissible on basic pay at the time of retirement/Death of a Government servant as the case may be shall be treated as part of emoluments for the purpose of grant of Retirement Gratuity/Death Gratuity.] [Inserted by Notification No. Tax/F. 98 (Misc.) DLB/59/3801 (G.S.R. 16), dated 4-7-1998, Published in Rajasthan Gazette, Part IV-C, dated 16-7-1998.](3)(i)The gratuity at the rates indicating in sub-rule (1) shall be payable to a subscriber who retires on attaining the age of superannuation on or after 1-6-78 provided that it is certified by the competent authority that the services rendered by the employee has been good, efficient and satisfactory.(ii)In the case of an employee whose services have not been found good, efficient and satisfactory, a reduction in the amount of gratuity shall be made by the authority competent to make appointment after obtaining the approval of the Director, Local Bodies, Rajasthan, in the case of employees who belong to services other than Rajasthan Municipal Service, and in case of an Officer of Rajasthan Municipal Service, the approval of Government in the Local Self Government Department shall be necessary.(4)The provisions of sub-rules (4) and (5) of rule 10 shall be applicable in respect of payment of gratuity.(5)(i)Every Board, for the purpose of sub-rule (1) above, shall open a separate Personal Deposit Account other than as provided under Rule 6 on the similar conditions for the purpose of this rule. Any amount credited by the Board in the Fund or in the Accounts of the subscribers or account of gratuity before coming into force of this notification shall be deposited to the said account alongwith the interest accrued thereon.(ii)Every Board shall deposit in the said personal Deposit Account such monthly amount which may be equal to 5% of the total emoluments of all the subscribers. The amount shall be drawn in the salary bills and shall be deposited in the said account forthwith.(iii)The amount deposited in the Personal Deposit Account shall not be withdrawn in any case except to make payment of gratuity to the subscriber in accordance with Rule or under sub-rule (6).(6)(i)In case an employee is transferred from one Board to another Board, the first Board shall draw such amount of gratuity from the said Personal Deposit Account which shall be calculated on the basis of the maximum of the pay scale of the subscriber in proportion to his completed years of service by cheque and shall send the same to the second Board alongwith the last pay certificate of such employee. The second Board shall deposit the said cheque in its own Personal Deposit Account of Gratuity.(ii)The amount of gratuity as calculated in accordance with sub-rule (1) shall be paid by the Board from where the subscriber retires or dies. Any deficiency in the amount actually recovered from various Boards as provided in sub-rule (i) above and the amount of, gratuity payable to the subscriber shall be borne by the last Board.(7)In case a Board fails to make payment of the amount of gratuity payable to a subscriber under sub-rule (1) or to be sent to the second Board under sub-rule (6), the recovery of the said amount from such Board shall be effected by the Director Local Bodies, Rajasthan. For this purposes, the said Director may also deduct the such amount from the General Grant-in-aid payable to such Board. The amount so recovered shall be remitted by the Director to the concerned Board or shall be paid directly to the subscriber as deemed proper.]
