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Union of India - Section

Section 45 in The Khadi And Village Industries Commission Employees (Pension) Regulations, 1984

45. Persons to whom gratuity is payable.

(1)
(a)The gratuity payable under Regulation 44 shall be paid to the person or persons on whom the right to receive the gratuity is conferred by means of a nomination under Regulation 48.
(b)If there is no such nomination or if the nomination made does not subsist, the gratuity shall be paid in the manner indicated below :
(i)if there are one or more surviving members of the family as in clauses (i), (ii), (iii) and (iv) of sub-regulation (5) of Regulation 44, to all such members 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 members as in clauses (v), (vi), (vii), (viii), (ix) and (xi) of sub-regulation (5) of Regulation 44 to all such members in equal shares :
(2)If an employee dies after retirement without receiving the gratuity admissible under sub-regulation (1) of Regulation 44, the gratuity shall be disbursed to the family in the manner indicated under sub-regulation (1).
(3)The right of a female member of the family, or that of a brother, of an employee 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 the death of the employee of the Commission and before receiving her or his share of the gratuity.
(4)Where gratuity is granted under Regulation 44 to a minor member of the family of the deceased employee of the Commission, it shall be payable to the guardian on behalf of the minor.