Indian Railway Codes and Manuals-Establishment code- Vol-I-Chapter-10 (X)
Chapter 10
State Railway
Gratuity Rules
1001. Extent of application.-Except as provided for in rule 1008, these rules shall apply to temporary
railway servants recruited under the normal recruitment rules prior to 16th
November, 1957 and who have not opted for the Pension Scheme;
Note. - These rules also apply to temporary
engineers recruited either locally, or through the Union Public Service
Commission, after 19th October, 1955 but prior to 16th November, 1957 provided
they have not opted for the Pension Scheme.
1002. Definitions.-In
these rules unless there is anything repugnant in the subject or context,-
(1) 'Controlling Officer' means, in relation to the classes of railway servants
specified in the first column of the table below, the officer or authority
specified in the corresponding entry in the second column thereof;
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Classes of railway servants |
Controlling Officer |
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1. Railway servants
under the administrative control of a General
Manager. 2. Railway
servants employed in the Railway Audit Department. 3. Railway
servants employed in a department or office directly under the control of the
Railway Board. 4. Railway
servants employed in the office of the Railway Board. |
The General Manager. The head of the department or office. The Secretary, Railway Board. |
(2) 'Children'
means legitimate children and step-children and shall also include adopted
children at the discretion of the Controlling Officer according to the
circumstances of each case irrespective of whether the adoption was valid under
the personal law of the subscriber, having regard to his religion, or not.
(3) 'Pay' means the
average pay as defined in the manner indicated in rule 103(35) except that in
the case of grant of compassionate gratuity to :-
(i) a permanent railway servant it will mean the substantive
pay admissible to him in the permanent post on which he holds a lien or
would hold a lien had it not been suspended on the date of quitting
service, and shall include personal pay and special pay;
(ii) a temporary railway servant the pay last drawn by him in the
temporary post which he would have officiated continuously but for his
death:
Provided that in respect
of a railway servant of either case, entitled to running allowances, pay shall
also include the monthly average running allowances drawn by the railway
servant during 365 days of running duty immediately preceding the date of
quitting service limited to 75 percent of average pay for the same period.
Note 1.-Pay for this purpose
shall also include "Dearness Pay".
Note 2.- The provision contained in rule 902(8)
equally apply in this case.
Railway Board's decision.-Railway Board’s decisions under rule 902(8)
shall also apply to this rule.
(4) 'Railway Servant'
means a person belonging to the Railway Audit Department or holding a post
under the administrative control of the Railway Board, other than a person
whose services are obtained on loan from a Department not under the control of
the Railway Board or the Additional Deputy Comptroller and Auditor General of
India (Railways).
(5) 'Running allowance'
is an allowance ordinarily granted to running staff for the performance of duty
directly connected with the charge of moving trains, and includes mileage
allowance but excludes special compensatory allowance.
(6) 'Service' for the
purposes or these rules means a continuous service paid monthly from railway
revenues and includes any periods-
(i) of officiating or temporary service or service as paid
apprentice or as probationer ;
(ii) spent on the
works Establishment of the Railway whose pay is paid monthly; or
(iii) which the President may by general or special order
permit to be counted as service.
1003. A gratuity may be paid to a temporary
railway servant.-
(a) on discharge from service arising directly or indirectly from
a reduction of establishment; or
(b) on retirement on account of permanent incapacity due to bodily
or mental infirmity.
Railway Board's
orders.-1. These orders do not
apply to those temporary engineers who were recruited upto 19th October, 1955
and are governed by the following provisions: -
(i) Temporary engineers should subscribe to the State
Railway Provident Fund on completion of one year's continuous service, the
amounts of subscription, the contribution by Government and other conditions
for such subscription and contribution, etc. being the same as those laid down
in the State Railway Provident Fund Rules. In case the employee quits service
for any reason, whatsoever, before the completion of five years service,
Government contribution and the interest thereon will not be payable but in
such cases gratuity at half a month's Pay for each completed year of service will
be payable if the employee retires :
(a) on account of
permanent incapacity due to bodily or mental infirmity; or
(b) on abolition of appointment due to a reduction of
establishment; and
(ii) a special contribution will be payable in add1tion to the
Government's contribution payable under (i) above if the service of the
employee exceeds a continuous period of 12 years; this will be subject to the
usual condition governing the grant of special contribution to a Gazetted
officer in permanent employ.
(Railway Board's letter
No. E47RC/1C1, dated the 24th February, 1950, 30th March, 1950 and E 54RC2/ 14
dated the 19th October 1955).
2. Grant of gratuity at
the rate of a half a month's pay for each completed year of service is normally
admissible to temporary railway servants discharged from service; provided that
they have been recruited under the normal recruitment rules and that their
discharge has been due to the reduction of establishment and not due to
cessation of isolated temporary posts. This concession does not cover staff
recruited otherwise on construction projects where the cessation of currency of
sanction to temporary posts on completion of different phases of work cannot
strictly be held to be "reduction of establishment". It has, however,
been decided that the benefits of granting gratuity in the cases of
staff employed on projects or a group of works or constructions; should be
viewed sympathetically so long as they are not cases of persons engaged for
brief periods on projects or elsewhere, who are discharged on cessation of
currency of isolated temporary posts. All cases of expected retrenchment of
staff where it is proposed to grant gratuity, should be referred to the Railway
Board for sanction.
(Railway Board's
letter No. F(S) 56-CPC/44 dated 13-9-55).
1004. No gratuity shall be admissible to
re-employed retired staff.
1005. Amount of gratuity. -The amount of gratuity for which a
railway servant is eligible under these rules shall be as follows :-
(a) If service does not fall short of fifteen years, half a
month's pay for each completed year of service, but not exceeding fifteen
months' pay.
(b) If service falls short of fifteen years, half month's
pay for each completed year of service, but not exceeding six months' pay.
1006. If a railway servant dies in service, his
widow or widows and/or dependent children shall be granted gratuity under Rule
1003(b) as if he had on that day been permanently incapacitated as follows :-
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(a) After
completion of one year's service but before completion of three years'
service. (b)
After completion of three years' service but before completion of five years'
service. (c)
After completion of five years' service. |
One month's pay.
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If he dies after
discharge or retirement before receiving gratuity under Rule 1003, the amount
admissible will be payable to his widow or widows and/or dependent children. If
a female railway servant dies before receiving gratuity, the amount admissible
may be paid to the dependent children whether their father is earning or
not.
1007. The amount of gratuity and the proportion
in which the gratuity shall be distributed among the widow or widows and or
dependent children shall be fixed by the controlling officer :
Provided that where the
controlling officer is lower in rank than the authority competent to dismiss
the railway servant concerned, the gratuity shall not be withheld nor shall the
amount be fixed at a figure less than the maximum permissible under these rules
except with the previous sanction of that authority.
1008. Compassionate gratuity.*-(1)
Irrespective of the restrictions laid down elsewhere in these rules when a
non-gazetted railway servant, whether permanent or temporary, dies in service,
or dies after quitting service but before receiving payment of his service,
gratuity or special contribution admissible under rule 915, the controlling
officer may grant a compassionates gratuity to :-
(i) his widow,
children, parents, brothers or sisters; or
(ii) with the previous
sanction of the Railway Board, to any other relatives of the de- ceased, who
were dependent on him and have been left in straitened circumstances by reason
of his death.
Provided that no such
gratuity shall be given in addition to a gratuity under rule 1006 or any
special contribution admissible under rule 915.
(2) The amount of
compassionate gratuity shall not ordinarily exceed half a month's pay for every
year of service, permanent and temporary, completed by the deceased railway
servant, and shall ordinarily be subject to a maximum of fifteen months' pay:
Provided that the amount
calculated shall not be less than 12 months pay.
Note.- The Railway Board's sanction is necessary to
the grant of compassionate gratuity exceeding Rs. 5,000/- in any case. The
Railway Board's powers will be exercised upto Rs. 7,500/- in any case.
Railway Board's decision.-Conditions for the grant of a compassionate
gratuity are that the person concerned was dependent on the deceased railway
servant and that he was left in straitened circumstances. 'Dependence' and the
'Straitened circumstances' are questions of facts to be determined by the
sanctioning authority with reference to the circumstances of the individual
case and should be established by convincing evidence and it is unnecessary for
this purpose that the dependence should have been complete.
(Railway
Board's letter No.9287 F dated the 6th March, 1941.)
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*For rules relating to the grant of gratuity from the
compassionate Fund of the Govt. of India to the families of pensionable
Railway Servant left indigent circumstances, see Appendix III to this Volume
. |
1009. If the person to whom any amount is to be
paid under rules in this chapter is a minor or lunatic for whose estate a
guardia11 under the Guardians and Wards Act, 1890 (VIII of 1890) or a manager
under the Indian Lunacy Act, 1912 (IV of 1912), as the case may be, has been
appointed, the payment shall be made to the person, authorised by law to
receive payment on behalf of the minor or lunatic. In cases where no natural
guardian of minor or minors exists and where each minor's share after deduction
of Government dues etc. does not exceed Rs. 500, the payment may be made to the
person considered fit by the controlling officer to receive payment on behalf
of the minor or minors without requiring him to produce a
guardianship certificate, provided he executes a bond signed by two sureties
agreeing to indemnify the railway against any subsequent claims which might
arise.
1010. The controlling officer may, at any time
before a gratuity is paid, order the deduction therefrom of any dues payable by
the railway Institute, Co-operative Credit Society or Stores, or Hospital. Any
amount so deducted shall be adjusted against these dues.
1011. Contribution during deputation or foreign
service. --When the services of
a railway servant are lent to another Department/Ministry of Government or a
State Government or to a foreign employer, a contribution towards Government
contribution to provident fund and gratuity at the rate specified in paragraph
1255 of the Indian Railway General Code, Vol. I shall be levied during the
period of loan, from the Department/Ministry of Government or the State
Government or the foreign employer of the railway servant concerned as may be
settled in each case.
Note. In cases where, instead of contribution
for leave salary, the incidence of leave salary is regulated by rule 829
of the Indian Railway Financial Code, Vol. I, the gratuity contribution shall
be levied at 1/24th of the total of the pay in foreign service plus
contribution that would have been otherwise payable on account of leave
salary.
1012. Delegation of powers.--The controlling Officer may delegate all or
any of his powers under these rules, excepting the powers under provision below
rule 1007 and rule 1008 either generally or in respect of a specified class of
rail servants to one or more Group ‘A' or ‘B' officers subordinate
to him.
* * *
Multiple choice questions:
1.To whom do these rules apply,
except as provided for in rule 1008?
- A) All railway servants
- B) Temporary railway servants recruited after 16th
November 1957
- C) Temporary railway servants recruited under normal
recruitment rules prior to 16th November 1957 who have not opted for the
Pension Scheme
- D) All temporary engineers recruited locally
Answer: C
2.Who is the controlling officer
for railway servants employed in a department or office directly under the
control of the Railway Board?
- A) The General Manager
- B) The Secretary, Railway Board
- C) The head of the department or office
- D) The Additional Deputy Comptroller and Audit General
of India (Railways)
Answer: C
3.Which of the following is
included in the definition of 'Children' according to these rules?
- A) Legitimate children only
- B) Step-children only
- C) Legitimate, step-children, and adopted children at
the discretion of the Controlling Officer
- D) Only children adopted under valid personal law
Answer: C
4.What does 'Pay' include for a
temporary railway servant for the grant of compassionate gratuity?
- A) The pay last drawn in the temporary post
- B) Basic pay only
- C) The substantive pay admissible in the permanent post
- D) Running allowances
Answer: A
5.What is the definition of
'Running allowance' under these rules?
- A) An allowance granted to all railway staff
- B) An allowance granted to running staff for duty
connected with moving trains
- C) An allowance excluding mileage allowance
- D) A special compensatory allowance
Answer: B
6.Which of the following is NOT
included in the definition of 'Service' for the purpose of these rules?
- A) Continuous service paid monthly from railway
revenues
- B) Officiating service
- C) Service as a paid apprentice
- D) Temporary service with a private organization
Answer: D
7.A temporary railway servant is
eligible for a gratuity under these rules if discharged due to:
- A) Retirement due to old age
- B) Resignation
- C) Discharge from service due to a reduction of establishment
- D) Voluntary retirement
Answer: C
8.Which category of railway
servants are not eligible for gratuity under these rules?
- A) Re-employed retired staff
- B) Temporary railway servants
- C) Permanent railway servants
- D) Apprentices
Answer: A
9.If a railway servant dies in
service after completing three years but before completing five years of
service, what gratuity is granted to the widow or dependent children?
- A) One month's pay
- B) Three months' pay
- C) Half a month's pay for each completed year of service
- D) Twelve months' pay
Answer: B
10.Who is authorized to fix the
amount of gratuity and its distribution among the widow or dependent children?
- A) The Railway Board
- B) The Controlling Officer
- C) The General Manager
- D) The Additional Deputy Comptroller and Auditor
General
Answer: B
11.What is the minimum amount of
compassionate gratuity that can be granted under rule 1008?
- A) 6 months' pay
- B) 12 months' pay
- C) 15 months' pay
- D) Rs. 5,000
Answer: B
12.When is the Railway Board's
sanction necessary for granting compassionate gratuity?
- A) For any amount exceeding Rs. 7,500
- B) For any amount exceeding Rs. 5,000
- C) For any amount less than Rs. 5,000
- D) For any compassionate gratuity granted
Answer: B
13.Under what condition can
gratuity be withheld or reduced by the Controlling Officer?
- A) Without any specific condition
- B) Only with the previous sanction of the authority
competent to dismiss the railway servant
- C) When the railway servant has resigned voluntarily
- D) If the railway servant has less than 5 years of
service
Answer: B
14.What is required if the person
to whom any amount is to be paid under these rules is a minor?
- A) Payment is made directly to the minor
- B) A guardianship certificate is mandatory in all cases
- C) Payment may be made to a person authorized by law or
considered fit by the Controlling Officer without a guardianship
certificate in certain cases
- D) The amount is withheld until the minor reaches legal
age
Answer: C
15.How is the gratuity
contribution during deputation or foreign service calculated?
- A) 1/24th of the total of the pay in foreign service
plus contribution otherwise payable on account of leave salary
- B) Based on the number of years in foreign service
- C) Fixed at 5% of the basic pay
- D) Determined by the foreign employer alone
Answer: A
16.Which of the following powers
cannot be delegated by the Controlling Officer?
- A) Payment of gratuity
- B) Decision to deduct dues payable by the railway
servant
- C) Powers under provision below rule 1007 and rule 1008
- D) Granting compassionate gratuity
Answer: C
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