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State of Tamilnadu - Section

Section 45A in Tamil Nadu Pension Rules, 1978

45A. [ Interest on delayed payment of Gratuity. [Rule 45-A inserted - G.O.Ms.No.506, Finance (Pension) Department, dated 27-06-1995.]

(1)Interest at the rate of eight per cent per annum shall be payable on the death-cum-retirement gratuity paid beyond (a) period of two months from the date of retirement of a Government servant [***][Provided that on and from the 12th June 1987, the rate of such interest shall be as follows:-
(a)seven per cent per annum beyond a period of three months and up to one years; and
(b)ten per cent per annum beyond a period of one year;]
[Provided further that on and from 20th February 1995, the rate of such interest shall be twelve percent per annum (compounded annually).Provided also that on and from 1st April 2004, the rate of such interest shall be at the rate of interest payable, on General Provident Fund during the year of retirement of the Government servant (compounded annually).] [Proviso to 45-A inserted - G.O.Ms.No.487, Finance (Pension) Department, dated 07-10-2009.]Provided further that no such interest shall be payable:-
(a)where the institution of departmental or judicial proceeding against the retiring Government servant concerned is pending; and
(b)for the fraction of a month.]
[(1 -A) The period beyond which such interest is payable, shall be as follows :-
(i)in the case of a Government servant retired otherwise on superannuation and where the death-cum-retirement gratuity is withheld on account of disciplinary proceeding pending against him:-
(a)three months from the date of retirement where the Government servant is exonerated of all charges and where the death-cum-retirement gratuity is paid on the conclusion of disciplinary proceedings.
(b)three months from the date of death where the disciplinary proceedings are dropped on account of death of a Government servant.
(c)three months from the date of issue of orders by the competent authority allowing payment of death-cum-retirement gratuity where the Government servant is not
(ii)six months from the date of retirement of a Government servant otherwise than on superannuation under Fundamental Rule 56(2) or 56(3) or rules 33, 36, 38, 39 and 42 of the Tamil Nadu Pension Rides, 1978.
(iii)six months from the date of death of a Government servant while in service and where the delay is not caused on account of more than one claimant
(iv)three months from the date of issue of orders revising the emoluments where the amount of death-cum-retirement gratuity already paid is enhanced on account of revision of emoluments and
(v)six months from the date of absorption in the case of permanent absorption in the Public Sector Undertakings or Autonomous Bodies otherwise that on en mass transfer on conversion of Government department or a part thereof into Public Sector Undertakings or Autonomous Bodies.]
(2)[ The Government shall be the authority competent to sanction such interest.] [Rule 45-A(2)added and 45-A renumBered as 45-A(S) - G.O.Ms.No.508, Finance (Pension) department,, dated. 27.06.1995 with, effect from 15th June 1987.]