Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

Union of India - Section

Section 9 in Life Insurance Corporation of India Development Officers (Revision of Terms and Conditions of Service) Rules, 1986

9. Gratuity.

(1)A permanent Development Officer
(a)who has been in continuous service of the Corporation (including regular salaried service with the Insurer) for not less than 15 years (excluding period of probation or temporary service in respect of employees recruited on or after the 1st September, 1956) and
(i)whose services are terminated by the Corporation for any reason whatsoever; or
(ii)who voluntarily resigns from the services of the Corporation; OR
(b)who dies while in service of the Corporation; or
(c)who retires from the service of the Corporation; or
(d)whose service is determined either due to continued illness or accident incapacitating him from the proper discharge of his duties; or
(e)whose services are dispensed with owing to reduction of staff or re-organisation of establishment;
shall be eligible for the payment of gratuity.
(2)The gratuity admissible under sub-rule (1) shall be at the rate of one month's terminal basic pay for each completed year of continuous service or part thereof in excess of six months (inclusive of regular salaried service with the Insurer) subject to a maximum of 15 months' terminal basic pay upto 30 years of service, and for service over 30 years, at the rate of half-a-month's terminal basic pay for each completed year of service or part thereof in excess of six months :Provided that any period spent by such Development Officer on extra-ordinary leave exceeding 12 months during the entire period of his service shall be excluded.
(3)Gratuity admissible to a Development Officer shall be determined in accordance with the provisions of sub-rule (2) or calculated under the Payment of Gratuity Act, 1972 (39 of 1972), whichever, is more favourable to him.
(4)In the case of a Development Officer who has been appointed from Class-III cadre on or after the 1st day of April, 1983 and who dies or retires after such appointment, the gratuity payable to him shall not be less than the gratuity that would have been payable to him if his services had been terminated while he was in Class-III cadre.
(5)Subject to any lien the Corporation may have on the amount of gratuity admissible to any Development Officer, the Corporation shall pay to the Officer or his nominee or nominees, or if no nomination has been made or is subsisting, to his heirs, the amount of gratuity admissible under this rule.
(6)Notwithstanding anything contained in the forgoing sub-rules -
(i)[ Where the penalty of dismissal is imposed on a Development Officer for any act involving violence against the management or other employees or any riotous or disorderly behaviour in or near the place of employment or for an offence involving moral turpitude provided that such offence is committed by him in the course of his employment, the gratuity payable to him shall stand wholly forfeited. [As amended by Notification dated 7.11.1989 and came into force w.e.f. 1.4.1989.]
(ii)Where the penalty of compulsory retirement, removal from service or dismissal is imposed on a Development Officer for any act involving the Corporation in a financial loss, the gratuity payable to him shall stand forfeited to the extend of such loss.]