Section 6 in The Mizoram Aided College Employees (Death-cum-Retirement Gratuity) Rules, 1990
6. Maximum limit.
(1)(a)An employee, who has completed five years of qualifying service and has become eligible for service gratuity, shall on his/her retirement be granted death-cum-retirement gratuity equal to one-fourth of his/her emoluments for each completed six monthly period of qualifying service subject to a maximum of 6 ½ times the emoluments ; provided that the amount of retirement gratuity payable shall in no case, exceed fifty thousand rupees. There will be no ceiling on reckonable emoluments for calculating the gratuity.(b)If an employee dies while in service after completing five years' qualifying service, the amount of death-cum-retirement gratuity shall be equal to 12 times of his/her emoluments of the amount determined under Clause (a) whichever is higher and it shall be paid to his/her family in the manner hereinafter indicated :Provided that the amount of death-cum-retirement gratuity payable under this rules in no case exceed Rs. 50,000.(2)If an employee who has become eligible for a service gratuity, dies within five years from the date of his/her retirement from service and the sums actually received by him at the time of his/her death-cum-retirement gratuity admissible under sub-rule (1) are less than the amount equal to 12 times of his/her emoluments a residuary gratuity equal to deficiency may be granted to his/her family.(3)(a)If an employee dies in the first year of qualifying service, a death-cum-retirement gratuity equal to two times of his/her emoluments at the time of his/her death shall be paid to his family in the manner hereinafter indicated :(b)If an employee dies after completion of one year of qualifying service but before completing five years of qualifying service the amount of death-cum-retirement gratuity shall be equal to six times of his/her emoluments at the time of his/her death.(4)There will be no ceiling on reckonable emoluments for calculating the gratuity and shall be released in accordance with sub-rule (1) of Rule 4 :Provided that if the emoluments of an employee have been reduced during the last ten months of his/her service otherwise than as penalty, average emoluments as referred to in sub-rule (2) of Rule 4 of these rules may be at the discretion of the competent authority, be treated as emoluments.
