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 compassionate gratuity to :- (IREC - 1008)
(i) his widow, children, parents, brothers or sisters; or
(ii) with the previous sanction of the Railway Board, to any other relatives of the deceased, 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.)
*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 .
(IREC - 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 guardi a 11 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, authorized 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.)
(IREC - 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 guardi a 11 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, authorized 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.)
