Subject NOT available

click here for IIIF manifest

REGISTERED No. D. (D.N.)-72

The Gazette of India

EXTRAORDlNARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 487] NEW DELHI, MONDAY, DECEMBER 26, 1983/PAUSA 5, 1905 Separate Paging is given to this Part In order that It may be filed at a separate compilation

1216 GI/83

(1)

MINISTRY OF ENERGY

(Department of Petroleum)

New Delhi, the 26th December, 1983

NOTIFICATION

G.S.R. 9iy(E).—n exercise of the powers conferred by section 31 of the Oil Industry Dev- elopment Act, 1947 (No. 47 of 1974), the Cent- ral Government hereby makes the following rules, namely :—

1. Short title and commencement.— (1) These rules may be called the Oil Industry Development Board Employees" (Death-cum-Retirement) Gra- tuity Rules, 1983.

(2) They shall come into force from the date

of their publication in the Official Gazette.

2. Definitions.— In these rules, unless the •

context otherwise requires —

(a) "Emoluments" means the pay (includ- ing dearncss pay as determined by the order of the Central Government issu- ed from time to time), special pay, leave salary, which an employee of the Board was receiving immediately before hk quitting service or on the date of his death, and shall be subject to a ceil- ing of Rs. 2500 per month;

(b) "Family" includes the following:

(i) wife or wives (including judicially se- parated wife or wives) in the case of a

male Government servant;

(ii) husband, (including judicially separated husband) in the case of a female Govern- ment servant;

(iii) sons including step sons and adopted sons;

(iv) unmarried daughter including step daugh-

• ters and adopted daughters;

Yv) widowed daughters including step daugh-

ters and adopted daughters;

(vi) father 1 including adopted parents in the y case of individuals whose personal

(vii) mother j ]aw permits adoption;

Cviii) brothers below the age of eighteen years

including step brothers;

(ix) unmarried sisters and widowed sisters in-

cluding step sisters;

(x) married daughters; and

(xi) children of a pre-deceased .son;

(c) "Non-regular employee" means a per- son who is not employed on regular establishment of the Board but is em- ployed for work which is essentially of a purely temporary nature or is employed m connection with temporary increase in permanent work for a period not exceeding twelve months;

(d) "Qualifying service" means continuous service rendered in the Board after completion of 18 years of age includ- ing continuous service rendered prior to the commencement of these rules, that is, from the date of appointment in the Board except periods of _service rendered as apprentice or trainee and extra-ordinary leave without leave salary and periods of suspension adjusted as a special penalty.

Note:— In the case of extraordinary leave, the Secretary or the Chairman may, at the time of granting such leave, allow the period of that leave to count as qualifying service if such leave is gran- ted to an employee —

(i) on medical certificate, or

(ii) due to his inability to join or rejoin duty on

account of civil commotion.

(e) "Superannuation" means the retirement of the Board's employee from service on reaching the age of fifty eight j sixty years.

3. Scope.—Gratuity shall be granted to the whole time regular employees of the Board, but shall exclude the following :—

(i) Casual and non-regular employees.

(ii) Government servants and other employed

on deputation terms.

(iii) Employees on contract terms,

(iv) Apprentices and trainees.

(v) Re-employed persons.

(vi) Employees governed by the payment ot

Gratuity Act, 1972 (39' of 1972);

Provided that such of the terms of payment of gratuity under these rules as are more beneficial than those under the payment of gratuity Act, 1972 (39 of 1972), shall be applicable to such employees.

4. Condition for the grant of gratuity.—Sub- fect to the provisions mentioned in rule 3 gra- tuity shall be granted to the whole time employees

of the Board for good, efficient and faithful ser- vice and shall be admissible in the following cir- cumstances :—

fa) Discharge on abolition of post.

fb) Permanent incapacity due to bodily or

mental infirmity,

(c) On the death of an employee while in

service.

fd) Superannuation.

fe) Resignation (on or after the 1st Feb- ruary, 1980) in the case of Superv- isory employee after rendering 5 year's qualifying service in the Board on the date of relief from the service of the Board.

ff) (i) Gratuity will not be admissible, to an employee who resigns from service be- fore completing 5 year's qualifying service or whose services arc termina- ted for misconduct, insolvency or in- efficiency.

(ii) Except in the case of death, gratuity will be admissible only after five year's qualifying service.

5. Amount of gratuity,—(1) Gratuity will be equal to }th of the emoluments for each com- pleted period of six months of service subject to a maximum of 161 times the emoluments or Rs. 36,0001- whichever is less.

(2) In the case of death, the amount of grat- uity will be calculated as provided in sub-rule (1) or as mentionesd below whichever is more :—

fi) During the first 2 months' year of service emoluments

(ii) After one year but 6 months' before 5 years service. emoluments

(iii) After completion of 12 months' 5 years service. emoluments

6. Nomination for Payment of gratuity .— (1) Every employee shall make a nomination in the form appended to these rules conferring on one or more persons of his family, the right to receive the gratuity in the event of his "death while in service or after quitting service but be- fore payment of the gratuity is made, indicating the shares payable to each member. In the case of an employee having no family, the nomina- tion may be made in favour of a person or per- sons or a body of persons, corporate or incor- porate. Tf after having made a nomination in favour of a person who is not a member of his| her family, the employee acquires a family, the nomination so made, will automatically lapse and unless a fresh nomination is imuk\ gratuity will be paid to the surviving members of the family in accordance with the provisions of these rules.

(2) In the event of there being no nomination, the gratuity, on death, may be paid in the man- ner indicated below :—

(a) if there are one or more surviving mem- bers of the family as provided in sub- clauses (i) to fiv) of clause (b) of rule 2, it shall be paid to all such mem- bers, other than any such member who is a widowed daughter, in equal shares.

(b) If there are no such surviving members of the family but there are one or more surviving widowed daughter, and or more surviving members of the family as mentioned in sub-clauses fv) to (ix) of clause (b) of rule 2, the gratuity shall be paid to all such members, in equal shares.

(3 An employee may at any time, revoke or change the nomination made under sub-ruled) and make a new one which shall be effective from the date it is filed with the Board.

7. Application for gratuity.— Application for the grant of gratuity shall be submitted in the prescribed form to the ChairmanlSecretary of the Board.

8. General rules.— (1) The amount of grat- uity that may be granted is determined by the length of service as set forth in rule 4. Fractions of a half year are not taken into account in the calculation of any gratuity admissible to an emp- loyee.

(2) Any gratuity fixed in rupee shall be cal-

culated to the nearest rupee.

(3) An employee who is selected for dis- charge owing to the abolition of the post is entitled to gratuity under rule 4, if he docs not accept any other post in the Board. If he accepts another appointment, even on a lower pay, his previous service will count for grat- uity.

9. Periods of suspension.— (1) Time passed under suspension pending enquiry into the con- duct counts if suspension is immediately follow- ed by reinstatement but time passed under sus- pension adjusted as a specific penalty does not count. An employee shall not be penalised, jf he is exoncraed after a period of suspension.

(2) If the employee under suspension is re- instated but has not been allowed to draw any par of allowances admissible

under suspension, the period or sucn suspension, shall not count for pur- pose of qualifying service without the specific orders from the authority, who reinstates the employee which shall clarify this issue immediately after the reinstatement.

10. Removal and dismissals.— (1) An emp- loyee who is dismissed, removed or complusoriiy retired but is reinstated on appeal or revision is entitled to the benefit of his past service for the purpose of gratuity.

(2) The period of break in service between the date of dismissal, removal or com- pulsory retirement, as the case may be, and the date of reinstatement and the period of suspension, if any, shall not count unless regularised as duty or leave by a specific order of the autho- riy which passed the orders of rein- statement.

11. Interruptions.— An interruption in the service of an employee entails forfeiture of his past service save in the following cases,—

(1) Authorised leave of absence.

(2) Unauthorised absence in continuation of authorised leave of absence so long as the post of the absentee is not subs- tantively filled, If his post is substan- tively filled, the past service is for- feited.

(3) Suspension where it is immediately fol- lowed by reinstatement whether to the same or a different post or where the employee dies or is permitted to retire or is retired while under sus- pension.

(4) Abolition of post or loss of appoint- ment owing to reduction of establish- ment.

12. Retrospective commutation of absence.-— The authority who sanctions the gratuity may commute retrospectively periods of absence with- out leave into extraordinary leave with or with- out leave salary.

13. Condonation of interruption and dificien- cies.-— (1) Upon such conditions as he may think fit in each case to impose, the Chairman may condone all inerruptions in an employee's service.

(2) The Chairman may condone a defici- ency not exceeding six months in an employee's qualifying service and the authority competent to sanction grat- uity may condone such a deficiency not exceeding three months.

14. Board's right to recover dues, etc.— The Board shall have he right to effect recoveries from the gratuity of the whole or part of the Board's dues, if any. Any pecuniary loss caused to the Board as a result of any act or commission on the part of the employee shall also be re- covered from the amount of gratuity payable to such an employee if the Board is satisfied that the employee has been guilty of grave miscon- duct or negligence during his service including service rendered or re-employment after retire- ment even though the employee could not be in- formed of it.

15. Employee's right not transferable.— The right of an employee eligible to any benefits pay- able or which may become payable to him under these rules cannot be assigned (otherwise than as provided in rule 6), pledged, hypothecated or alienated.

16. Gratuity subject to statutory deduction.— Payment of gratuity is subject to all statutory deductions.

[F. No. 7|1O|83-Fin. Ill

R. VASUDEVAN, Jt. Secy.

FORM—I

NOMINATION FOR DEATH-CUM-RETIREMFNT GRATUITY

When the cmpl iyec his a family and wishes to nominate one member or imre than one member, thereof.

I, - — -he'eby nominate the pcrson'persons mentioned below whi is/are member) s) of my family, and confer on him/(him the right to receive; to the extent specified below.any gratuity (hit may be sancii >neil by the Oil Industry Development Biurd in ins

event oi iny death while in -.emec and tho nght lo receive on my death, lo the e\ieni specified below, any gratuity which having become .idmissihle 10 nu. iin retirement m.iv remain unpaid at m> dcaih;—

Original nominecGO

AlLei nutc nc"n"ince(s)

\^

Name ami address of Relationship with nominee/nominees ihe cn.ployeL

Amount of shart dl gratunv

Amount of share of giatuiry pay- able tn each**.

p.lJ.lLi|L 10 each*

Nnrni. addicts, relationship and age of pe.r- son oi pciions if any, to whom ihc right Lonfeiiod on ihe nominee' ihjll Pass, in the event of the nominee r-iedcee"iing the em- ployee or the nominee dying after the death ol" iru- employee hut before receiving pay- ment of graiuih

I.

:

3,

4.

5.

6.

}.

3.

A

5.

This nomination supc^odc^ the nomination made by me earlier on- — which stands cancelled.

Nolc:-—

(l) The employee-, shall draw lines aciuss the blank space below (he last entry to prevent the insertion of any name after he has signed

(TO Strike out which is not applicable

D-ited ihK— — _ _ _ _ d ay of — l ib n

W i l l i s es to signature

I

Signal ure of employ e-c

*'fhisco!umnsh ml.I he tilled in MI as to i.o\ci Ihe v h n l. .unounl of iheijialuiiy.

**Thr amtnint/sh'i j of the g" lunly sh >wn in ihis coin n \ ,h mid c >vrer while am nini/,h ire p i\ Jblc io the >rigiuj.| no niiir' (s)

(TO BL rn L: D BY THF OH INDUSTRY IIFVPI OPMLN'L BOXRO, SLCRCTARIATI

Nomination h\ — —— — — —— Signatuic ol Seerciary/Adniiiiistniuve OHioei ncsiynaiiiin — —

•— • — Oaie'———————————.—^____^ . _—

Office • —••— • -— •-—— — Designation—• — •—• ——

P R O F O R M A F OR ACKNDWLF HGING THt. RFCFJPT OF THt. NOMINA.TJON 1-OR.M BY THL OIL IN XJ.STRY m-\',-\ ^)P_ N1ENT BOARD'S SECRETARIAT

To

Sir-

In ack'iowleJgi i n ' n e ' r e e i pl ol vom iviminahon >ljl._d ih. • • vMin-ellation dalcd

of the nominal ion made earlier in i espeel ol grainuy in f-onn —— .._—, _ _ .j am (,, s^uc [^ 4| jt hus been duly pl.iL.etl on lecord.

Signature of Socri-ttiry/Adminisiralive Officer Place —

Date — —

N-ite: The l.mpl tyec is advisori thiil i! would be in th,' interest of his nominees \> copies of the nomination and the iclamd notices and acknowle'leei'i.-nts arc kepi m safe custody HO that they may eomi- into the possession of Ihebene flciaries in the event of his death.

1216 GI/^3 -2

When the employee has no family and wishes In nominate one person or more than one person

f, having no family, hereby nominate the person/persons mentioned below and confer nn him/I hem the i tent to receive to the extent specified below, any gratuity that m;iy be sanctioned by the Oil Industry Development Boar' in the evenr of my death while in service and the right to receive on my death, to the extent specified helow, any gratuity which having become admissible to me on retirement may remain unpaid at mv death.

iminec(s)

Original nc

Alternate nomlnoed)

Age

Relationship with

Amount of

Name and address of

Name, address, leUtionship and ;ige of the ,'

Vmount of -.hart nominee/nominees

ihe employee

share of person or persons, if any, to whom the right n

gratuity e >nferred on the nominee, predeceasing the

>f graiuil> pay- able t" each*'¹'

employee or the nominee dying after the

payable lo

death of the employee but before receiving

each*

payment of gratuity

*>

3.

4,

1.

5.

6.

1.

3. 4, 5.

This nomination supersedes the nomination made by me earlier on —which stands cancelled.

Nme:—

(i) The employee should draw lines across blank space below the last entry to prevent the insertion of any name after lie has signed,

(ii) Strike out which is not applicable.

Date this — — d Jy of—— — — 1 98 at —— •

Witnesses to signature."

1.

Signature of the employee

•This column should be filled insoas' locoverthe whole amount of the gratuity.

'•''The amount/share of the gratuity shown in this column should cover whole aniount/shj.re payable to the original nommeels)

(TO BE FILLED UY THE OIL INDUSTRY DEVELOPMENT BOARD)

Nomination by — —— Signature of Secretary/Administrative Officer "Resignation

• — —— —— •• •. Dale — —_ Office — — ~ -——— Designation —— ~

P R O F O RM A F OR A C K N O W L E D G I NG T HL RECEIPT TO T HE N O M I N A T I ON F O RM BY T HI OIL I N D U S T RY DEYELOP-

M F NT BOARD'S SECRETARIAT

To

Sir,

In dd nowledging the receipt of your nomination dated the- — / c a n c e l l a t i on dated the — _ _ _ _ __ ci the nomination made earlier in respect of gratuity in I <>i m —

, 1 am to state that it has been placed on record.

Pincc: i —_

D a t e d : - — —— •— —

Signature of Secretary/Administrative Officer

N o te —The employee is advised that it would be in i n, interest ,.f his nominee if copies of the nominations a nd the related notices and .iLknowledgemenli are kept in safe custody so that they COIIIL intu t l i; pusscssion of the beneficiaries in the event i>f his death.

PRINTED EY THE MANAGEK, GOVT. OF INDIA PRI1SS, IUNO ROAD, NEW DELHI-I10064

ANr> runusHEn BY THE coNTkoixm. OF priBLicATioNS, DFLHI-1 10054, 1983