NPS Gratuity Amendment

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-25042025-262672 EXTRAORDINARY PART II-Section 3-Sub-section (i) PUBLISHED BY AUTHORITY No. 219] NEW DELHI, THURSDAY, APRIL 24, 2025/VAISAKHA 4, 1947 MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (Department of Pension and Pensioners' Welfare) NOTIFICATION New Delhi, the 24th April, 2025 G.S.R. 258(E). – In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor-General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules to amend the Central Civil Services (Payment of Gratuity under National Pension System) Rules, 2021, namely:- 1. (1) These rules may be called the Central Civil Services (Payment of Gratuity under the National Pension System) Amendment Rules, 2025. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Central Civil Services (Payment of Gratuity under National Pension System) Rules, 2021, (hereinafter referred to “the said rules”), in rule 2, in the proviso, after the words, brackets and figures "the Central Civil Services (Extraordinary Pension) Rules, 1939", the words, brackets and figures "or the Central Civil Services (Pension) Rules, 2021 or the Central Civil Services (Extraordinary Pension) Rules, 2023" shall be inserted. 3. In the said rules, in rule 3, in sub-rule (1), for clause (h), the following clause shall be substituted, namely:- "(h) 'gratuity' includes retirement gratuity, death gratuity and residuary gratuity payable under these rules;". 4. In the said rules, in rule 4, in sub-rule (2), the following proviso shall be inserted, namely:- "Provided that in a case where the Government servant immediately before his retirement or death was absent from duty on leave or otherwise or under suspension, the day of retirement or death shall be part of such leave or absence or suspension.". 5. In the said rules, after rule 4, the following rule and Explanation shall be inserted, namely:- "4A. Limitations on amount of gratuity.- A Government servant who, having retired on superannuation gratuity or retiring gratuity or compulsory retirement gratuity or who is in receipt of a compassionate gratuity on having been dismissed or removed from service, is subsequently re-employed, shall not be entitled to a separate gratuity for the period of his re-employment: Provided that a Government servant who was previously appointed in an autonomous body or a public sector undertaking and was subsequently appointed, with proper permission of that body or undertaking, in the Government service, shall be eligible for gratuity for the service rendered in the Government in addition to the gratuity, if any, received by him from the autonomous body or the public sector undertaking for the service rendered in that body or undertaking: Provided further that the total amount of gratuity in respect of the service rendered in the autonomous body or the public sector undertaking and the service rendered under the Government shall not exceed the amount that would have been admissible taking into account the entire service rendered by the Government servant in the autonomous body or the public sector undertaking and the Government and the emoluments on retirement from Government. Explanation.-1 A Government servant shall be deemed to have been appointed in the Government with proper permission if he had applied for the service or post in the Government with previous permission of the autonomous body or the public sector undertaking and the order of the autonomous body or the public sector undertaking clearly indicates that the employee is resigning to join the post in the Government with proper permission of the autonomous body or the public sector undertaking, as the case may be; Explanation.-2 Gratuity, if any, on account of service rendered in an autonomous body or a public sector undertaking shall be paid by the concerned autonomous body or the public sector undertaking itself and there shall be no liability on the part of the Government towards gratuity for the service rendered by the Government servant in the said autonomous body or the public sector undertaking before joining service under the Government.". 6 In the said rules, in rule 5, - (a) for sub-rule (1), the following sub-rule shall be substituted, namely:- "(1) (a) the President, in the case of a Government servant who retired from a post for which the President is the appointing authority; (b) the Secretary of the Administrative Ministry or Department, in the case of a Government servant who retired from a post for which an authority subordinate to the President is the appointing authority; and (c) the Comptroller and Auditor-General of India in the case of a Government servant who retired from the Indian Audit and Accounts Department from a post for which an authority subordinate to the President is the appointing authority; may by order in writing, withhold gratuity either in full or in part and order recovery from gratuity of the whole or part of any pecuniary loss caused to the Government, if in any departmental proceedings or judicial proceedings, the retired Government servant is found guilty of grave misconduct or negligence during the period of service: Provided that the Union Public Service Commission shall be consulted before any final order is passed by the President under this sub-rule.". (b) in sub-rule (2),- (i) in clause (a), for the proviso, the following proviso shall be substituted, namely:- "Provided that where the departmental proceedings are instituted by an authority subordinate to the authority competent to pass order under sub-rule (1), that authority shall submit a report recording its findings to the said competent authority."; (ii) after clause (b), the following clauses shall be inserted, namely:- “(c) no appeal shall lie against any order made by the President under this rule; (d) an appeal against an order under sub-rule (1), passed by an authority other than the President, shall lie to the President and the President shall in consultation with the Union Public Service Commission pass such orders on the appeal as he deems fit.”. (c) for sub-rule (3), the following shall be substituted, namely:- "(3) The President may at any time, either on his own motion or otherwise call for the records of any inquiry and revise any order made under these rules, after consultation with the Union Public Service Commission, and may confirm, modify or set aside the order, or remit the case to any authority directing such authority to make such further enquiry as it may consider proper in the circumstances of the case, or pass such other order as he may deem fit : Provided that no order enhancing the amount of gratuity to be withheld or withdrawn shall be made by the President unless the Government servant concerned has been given a reasonable opportunity of making a representation against the order proposed and except after consultation with the Union Public Service Commission.”; (d) in sub-rule (4), for the proviso, the following proviso shall be substituted, namely:- “Provided that no order enhancing the amount of gratuity to be withheld or withdrawn, shall be made by the President unless the Government servant concerned has been given a reasonable opportunity of making a representation against the order proposed and except after consultation with the Union Public Service Commission."; (e) for sub-rule (5), the following sub-rule shall be substituted, namely:- "(5) Action under sub-rule (1) may be taken, if the retired Government servant is found guilty of,- (i) any corrupt practices during service; (ii) any misconduct whether in relation to the performance of official duty or otherwise; and (iii) any misconduct whether resulting in pecuniary loss to the Government or otherwise."; (f) after sub-rule (5) so substituted, the following Explanation shall be inserted, namely:- “Explanation .- For the purpose of this rule, - (1) (a) departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the Government servant or if the Government servant has been placed under suspension from an earlier date, on such date ; and (b) judicial proceedings shall be deemed to be instituted - (i) in the case of criminal proceedings, on the date on which the complaint or report of a police officer, of which the Magistrate takes cognizance, is made, and (ii) in the case of civil proceedings, on the date the plaint is presented in the court. (2) the expression “misconduct" means any act done or omitted to be done by the Government servant during the period of service and which was in violation of any provisions of the Central Civil Services (Conduct) Rules, 1964 for which action under the Central Civil Services (Classification Control and Appeal) Rules, 1965 may be taken during the period of service. (3) The expression “civil proceedings" would mean such proceedings in respect of a civil suit filed by the Government only.". 7. In the said rules, in rule 6,- (a) in sub-rule (2),- (i) after the words "payable or”, the words “on extraordinary leave on medical certificate or" shall be inserted; (ii) in the proviso, for the brackets, words and figures “[other than the increment referred to in sub-rule (5)]", the brackets, words and figures “[other than the increment referred to in sub-rule (5) and the notional increase in pay referred to in sub-rule (9) or sub-rule (10)]" shall be substituted; (b) in sub rule (5),- (i) for the words “earned leave", at both the places where they occurs, the word “leave” shall be substituted; (ii) the proviso shall be omitted. (c) in sub-rule (6),- (i) for the words “to another Central Government Department and", the words “to an ex-cadre post in the same or some other Department of the Government” shall be substituted; (ii) the following proviso shall be inserted, namely:- "Provided that in the case of a Government servant while on leave after release from the ex-cadre post on completion of the period of deputation, the pay which he would have drawn in the parent department had he not been on leave shall be treated as emoluments."; (d) for sub-rule (7), the following sub-rule shall be substituted, namely:- "(7) The pay drawn by a Government servant while on deputation to a State Government or while on foreign service shall not be treated as emoluments, but the pay which he would have drawn under the Central Government had he not been on deputation to the State Government or on foreign service shall alone be treated as emoluments."; (e) in sub-rule (8), after the words “Government service”, the words “elected to retain his pension for earlier service" shall be inserted; (f) after sub-rule (8), the following sub-rules shall be inserted, namely:- "(9) Where the pay of a Government servant is notionally increased with retrospective effect in any of the following circumstances after his retirement, such notional pay shall be treated as emoluments, namely:- (i) the pay scale of the post from which the Government servant retired is increased with retrospective affect from a date when the retired Government servant was in service and his pay in the higher pay scale is fixed from such date on notional basis; (ii) the retired Government servant is promoted from a retrospective date on the recommendation of a Review Departmental Promotion Committee or on exoneration in any departmental proceedings or in compliance of a court order and the benefit of fixation of pay is allowed to the retired Government servant on notional basis from the date of such promotion. (10) Where a Government servant dies during the currency of a penalty which has the effect of reducing his pay only during the currency of that penalty and on expiry of which he would have regained the pay admissible to him without any impact of the said penalty, the notional pay on the date of death ignoring the effect of such penalty shall be treated as emoluments.". 8. In the said rules, in rule 7,- (a) in sub-rule (2),- (iii) after the words “payable or”, the words “on extraordinary leave on medical certificate or” shall be inserted; (iv) in the proviso, for the brackets, words and figures "[other than the increment referred to in sub-rule (4)]", the brackets, words and figures "[other than the increment referred to in sub-rule (4) and the notional increase in pay referred to in sub-rule (5) or sub-rule (6)]" shall be substituted; (b) in sub-rule (3), the following illustration shall be inserted, namely:- “Illustration: A Government servant retires on 16th July, 2019. The last ten months comprise nine full months and fractions of fourteen days of September, 2018 and sixteen days of July, 2019. The emoluments for fractional periods shall be computed by multiplying the emolument by the factor 14/30 and 16/30 irrespective of the number of days in the month. This formula shall also apply in the case of the month of February, irrespective of whether the month has twenty eight days or twenty nine days."; (c) (i) in sub rule (4),- for the words "earned leave" at both the places where they occur, the word "leave" shall be substituted; (ii) the proviso shall be omitted; (d) after sub-rule (4), the following sub-rules shall be inserted, namely:- "(5) Where the pay of a Government servant is notionally increased with retrospective effect during the last ten months of his service in any of the following circumstances after his retirement, such notional pay shall be taken into account for determining the average emoluments for the purpose of this rule,- (i) the pay scale of the post from which the Government servant retired is increased with retrospective affect from a date when the retired Government servant was in service and his pay in the higher pay scale is fixed from such date on notional basis; (ii) the retired Government servant is promoted from a retrospective date on the recommendation of a review Departmental Promotion Committee or on exoneration in any departmental proceedings or in compliance of a court order and the benefit of fixation of pay is allowed to the retired Government servant on notional basis from the date of such promotion. (6) Where a Government servant dies during the currency of a penalty which has the effect of reducing his pay only during the currency of that penalty and on expiry of which he would have regained the pay admissible to him without any impact of the said penalty, the notional pay during the last ten months of his service ignoring the effect of such penalty shall be taken into account for determining the average emoluments.". 9. In the said rules, in rule 9, sub-rule (2) shall be omitted. 10. In the said rules, after rule 9, the following rules shall be inserted, namely:- "9A. Service in State Governments.- (1) In the case of a Government servant belonging to a State Government, where provisions of retirement gratuity and death gratuity similar to these rules available for its employees, is permanently transferred to a service or post to which these rules apply, the continuous service rendered under the State Government in an officiating or temporary or substantive capacity shall qualify: Provided that the continuous service rendered under that Government in an officiating or temporary capacity shall qualify if that service is followed without interruption by substantive appointment in the State Government or the Central Government. (2) In the case of a Government servant belonging to a State Government, where provisions of retirement gratuity and death gratuity similar to these rules available for its employees, is appointed with proper permission to a service or post to which these rules apply after acceptance of his resignation from the service of the State Government, the continuous service rendered under the State Government in an officiating or temporary or substantive capacity shall qualify, subject to the condition that the service rendered under that Government in an officiating or temporary capacity is followed without interruption by substantive appointment in the State Government or the Central Government. Explanation.- For the purposes of this rule, a Government servant shall be deemed to have been appointed in the Government with proper permission if he had applied for the service or post in the Government with previous permission of the State Government and the order of the State Government clearly indicates that the employee is resigning to join the post in the Government with proper permission of the State Government. (3) The liability for gratuity in cases covered under sub-rule (1) and sub-rule (2) shall be borne by the Central Government and no recovery of proportionate gratuity shall be made from the State Government. 9B. Service in autonomous bodies.- (1) In the case of a person who was initially appointed in an autonomous body under the Central Government or a State Government having provision for retirement gratuity and death gratuity similar to these rules for their employees, who is subsequently appointed with proper permission to a service or post in the Central Government to which these rules apply, after acceptance of his resignation from the said autonomous body, the service rendered under the said autonomous body in an officiating or temporary or substantive capacity shall qualify, subject to the following conditions, namely :- (a) the appointment of that Government servant in an officiating or temporary capacity in the Central Government is followed without interruption by substantive appointment; (b) the Government servant has not availed a separate retirement gratuity from the said autonomous body for the service rendered in that body before acceptance of resignation; and (c) the gratuity liability is discharged by the said Autonomous body by paying in lump sum the amount of retirement gratuity for the service rendered in the autonomous body. Explanation.- For the purposes of this rule, a Government servant shall be deemed to have been appointed in the Government with proper permission if he had applied for the service or post in the Government with previous permission of the Autonomous Body and the order of the Autonomous Body clearly indicates that the employee is resigning to join the post in the Government with proper permission of the autonomous body. (2) Service rendered in a public sector undertaking, including nationalised bank and financial institution, before appointment in the Central Government shall not count as qualifying service for the purpose of these rules.". 11. In the said rules, in rule 12,- (a) for clause (ii), the following clause shall be substituted, namely:- "(ii) for pursuing higher scientific and technical studies."; (b) after clause (ii) so substituted, the following Explanation shall be inserted, namely:- “Explanation.- For the purposes of this rule, in the case of extraordinary leave other than extraordinary leave granted on medical certificate and extraordinary leave allowed to be counted as qualifying service under proviso to this rule, at the time of grant of such leave, a definite entry shall be made in the service book of the Government servant to the effect that the period of extraordinary leave shall not be treated as qualifying service and such an entry in the service book, if not made at the time of grant of extraordinary leave, can be made subsequently but not later than six months before the date of retirement of the Government servant on superannuation and if no such entry is made in the service book, the period of extraordinary leave shall be treated as qualifying service.". 12. In the said rules, for rule 13, the following rule shall be substituted, namely:- "13. Counting of periods spent on training. - (1) In the case of a Government servant who was required to undergo a departmental training before regular appointment to a Group C post and was in receipt of pay in a scale of pay or a stipend or a nominal allowance during such training, the period of such training shall count as qualifying service. (2) In cases not covered under sub-rule (1), the Government may, by order, decide whether the time spent by a Government servant under training immediately before appointment to service under that Government shall be counted as qualifying service. (3) Where time spent by a Government servant under training immediately before appointment to service under that Government is counted as qualifying service, interruption due to the training and regular appointment being at different stations, not exceeding the joining time permissible under the rules of transfer, shall be counted as qualifying service. (4) Where the period of interruption is in excess of joining time due to administrative reasons, such period of interruption in excess of joining time shall be regularised by grant of leave of the kind due or, if no such leave is due, by grant of extraordinary leave by the Head of Department and the period of interruption regularised by grant of extraordinary leave shall be counted as qualifying service.". 13. In the said rules, rule 14 shall be numbered as rule 14(1) thereof and after sub-rule (1) so renumbered, the following sub-rule shall be inserted, namely:- "(2) In all cases of suspension, the competent authority shall pass an order specifying the extent to which, if any, the period of suspension shall count as qualifying service and a definite entry shall be made in the service book of the Government servant in this regard.". 14. In the said rules, in rule 17, after sub-rule (2), the following sub-rule shall be inserted, namely:- "(2A) The order accepting the resignation should clearly indicate that the Government servant has resigned to join another appointment with proper permission and a specific entry to this effect shall also be made by the Head of Office in the service book of the Government servant.". 15. In the said rules, in rule 18, in sub-rule (1), in clause (c), for the words “compulsory retirement", the word "superannuation" shall be substituted. 16. In the said rules, in rule 19, after sub-rule (3), the following sub-rules shall be inserted, namely:- "(4) The appointing authority may consider condonation of interruption in service and to treat the pre- interruption service as qualifying service. (5) The appointing authority may take a decision not to condone interruption in service only in exceptional and grave circumstances. (6) No such order against condonation of interruption in service shall be passed by the appointing authority without extending to the Government servant a reasonable opportunity of representation and being heard in person.”. 17. In the said rules, in rule 21, after sub-rule (3), the following sub-rule shall be inserted, namely:- "(4) By the 31st January of each year, a report shall be submitted to the Secretary of the Administrative Ministry or Department giving the details of the Government servants who were required to be issued a certificate of qualifying service during the previous calendar year under sub-rule (1), the details of the Government servants who have actually been issued the said certificate during the said period and the reasons for not issuing the said certificate in the remaining cases.". 18. In the said rules, in rule 22,- (a) in sub-rule (2), in the first proviso, for the words " twenty", the word "twenty five” shall be substituted; (b) in sub-rule (3), in the first proviso, the words "otherwise than as a penalty" shall be omitted; (c) in sub-rule (5), for clauses (viii) and (ix), the following clauses shall be substituted, namely:- "(viii) brothers including stepbrothers who are suffering from any disorder or disability of mind including the mentally retarded or physically crippled or disabled without any limit of age and brothers, including stepbrothers, below the age of eighteen years, in other cases; (ix) unmarried sisters, widowed sisters and divorced sisters including step sisters,"; (d) for the Explanation (1), the following shall be substituted, namely:- “(1) In calculating the length of qualifying service under this rule, fraction of a year equal to three months and above shall be treated as a completed six monthly period and reckoned as qualifying service. (1A) In the case of a Government servant who has rendered a qualifying service of four years and nine months or more but less than five years, his qualifying service for the purpose of this rule shall be five years and he shall be eligible for retirement gratuity in accordance with sub-rule (1).". 19. In the said rules, in rule 23,- (a) for sub-rule (4), the following sub-rule shall be substituted, namely:- "(4) (a) where a Government servant has no family, as referred to in sub-rule (5) of rule 22, at the time of making a nomination, the nomination made by the Government servant in favour of a person or a body of individuals under clause (ii) of proviso to sub-rule (1) shall become invalid in the event of the Government servant subsequently acquiring a family; (b) where a Government servant has only one member in his family at the time of making a nomination and a nomination has been made in his favour, in the event of the Government servant subsequently acquiring an additional member in the family, the alternate nomination made by the Government servant in favour of a person or a body of individuals under the second proviso to clause (i) of sub-rule (3), if any, shall become invalid but the nomination made by the Government servant in favour of a member of the family under clause (i) of the proviso to sub-rule (1) shall not be affected; (c) nomination made by an unmarried Government servant under clause (i) of the proviso to sub-rule (1), in favour of any member of his family specified in sub-rule (5) of rule 22 shall not become invalid on his or her marriage unless the Government servant cancels the earlier nomination and files a fresh nomination in accordance with sub-rule (5)."; (b) in sub-rule (7), after clause (c), the following clause shall be inserted, namely:- "(d) A duly signed copy of the nomination form shall be returned to the Government servant for keeping it in his safe custody.". 20. In the said rules, in rule 24, after sub-rule (4), the following sub-rules shall be inserted, namely:- "(5) In case a nominee pre-deceases the Government servant and the right conferred on that nominee has not passed on to any other person under sub-rule (3) of rule 23 or the nomination made in respect of such person does not subsist or the nomination has become invalid on account of happening of any contingency mentioned therein, the share of gratuity in respect of such nominee shall be disbursed equally to all other members of the family who were eligible and alive on the date of death of the Government servant, including the members of the family in whose favour nomination has been made for payment of remaining amount of gratuity. (6) If there are more than one member of the family eligible to receive gratuity under this rule and if a member of the family has not submitted his claim for gratuity, the case for sanction of gratuity to him may be processed after his claim has been received and the case of other eligible members of the family for sanction of gratuity may be processed without linking it with the case of the family member who has not submitted the claim.". 21. In the said rules, in rule 25, after sub-rule (3), the following Explanation shall be inserted, namely:- “Explanation.- For the purposes of this rule, the charge of murder or abetting in the murder of Government servant shall include the charge of abetting death by suicide.". 22. In the said rules, in rule 28, in the proviso,- (a) for the words, brackets and figures "the Central Civil Services (Pension) Rules, 1972" wherever they occur, the words, brackets and figures "the Central Civil Services (Pension) Rules, 2021" shall be substituted; (b) for the words, brackets and figures "the Central Civil Services (Extraordinary Pension) Rules, 1939" wherever they occur, the words, brackets and figures "the Central Civil Services (Extraordinary Pension) Rules, 2023" shall be substituted. 23. In the said rules, in rule 29, after the figure "2021", the word "or" shall be inserted. 24. In the said rules, in rule 30, after sub-rule (2), the following sub-rules shall be inserted, namely:-. "(3) The order regarding the quantum of gratuity to be granted under sub-rule (1) may be issued simultaneously with the order of imposition of penalty of compulsory retirement and where such an order regarding the quantum of gratuity to be granted under sub-rule (1) is not issued simultaneously with the order of imposition of penalty of compulsory retirement, a provisional gratuity at a rate of two-thirds of full superannuation gratuity shall be sanctioned to the Government servant immediately. (4) Where a provisional gratuity is sanctioned to the Government servant under sub-rule(3), the order for grant of final gratuity under sub-rule (1) shall be issued in consultation with the Union Public Service Commission, where necessary, not later than three months after the date of issue of the order imposing the penalty of compulsory retirement”. 25. In the said rules, rule 31 shall be numbered as sub-rule (1) thereof and after sub-rule (1) as so renumbered, the following sub-rules shall be inserted, namely:- "(2) The competent authority shall either on its own or after taking into consideration the representation of the Government servant, if any, examine whether any compassionate gratuity is to be granted and take a decision in this regard in accordance with the proviso to sub-rule (1) not later than three months after the date of issue of the order imposing the penalty of dismissal or removal from service. (3) The competent authority shall consider,- (a) each case of dismissal and removal from service on its merit to decide whether the case deserves of special consideration for sanction of a compassionate gratuity and, if so, the quantum thereof. (b) the actual misconduct which occasioned the penalty of dismissal or removal from service and the kind of service rendered by the Government servant. (c) in exceptional circumstances, factors like family members dependent on the Government servant along with other relevant factors.". 26. In the said rules, in rule 32,- (a) in sub-rule (4), in clause (b), for the word “pension”, the word “ gratuity” shall be substituted. (b) after sub-rule (6), the following sub-rule shall be inserted, namely:- "(7) The provisions of sub-rules (4) and (5) shall also be applicable in the cases of absorption of Government servant consequent upon conversion of a Government Department into a public sector undertaking or autonomous body.". 27. In the said rules, after rule 32, the following rule shall be inserted, namely:- "32A. Gratuity on absorption in or under State Government.- (1) A Government servant, who has been permitted to be absorbed in a service or post in or under a State Government, shall be deemed to have retired from service under the Central Government from the date of such absorption and, subject to sub-rule (6), he shall be eligible, on such absorption, to receive retirement gratuity on the basis of the qualifying service and emoluments on the date of absorption in accordance with rule 22: Provided that on retirement from the State Government, the total amount of gratuity in respect of the service rendered under the Government and the service rendered in the State Government shall not exceed the amount that would have been admissible had the Government servant continued in the Central Government service and retired on the same pay which he drew on retirement from the State Government. (2) The date of absorption shall be,- (i) in case a Government employee joins a State Government on immediate absorption basis, the date on which he actually joins that Government and for this purpose, immediate absorption shall mean acceptance of a technical resignation of a Government servant from the Central Government service to enable him to take up an appointment in the State Government, for which he had applied with proper permission; (ii) in case a Government employee initially joins a State Government on deputation, the date from which his unqualified resignation is accepted by the Central Government. (3) In the case of a Government employee who joins a State Government on immediate absorption basis, the relieving order shall be issued in Form 3 which shall indicate the period within which the Government servant shall join the State Government: Provided that this period may be extended by the relieving authority for reasons beyond the control of the Government servant, which shall be recorded in writing. (4) The period between the date of relief and the date of joining in the State Government may be regularised by grant of leave due and, if no such leave is due, the period may be regularised by grant of extraordinary leave. (5) The relieving authority, before processing the case for sanction of retirement benefits, shall ascertain the date of joining by the Government servant in the State Government and accept the resignation of the Government servant from the date preceding the date of joining. (6) Where a provision of the National Pension System and retirement gratuity and death gratuity similar to these rules exist in the State Government in which a Government servant is absorbed, he shall be entitled to exercise option either,- (a) to receive retirement gratuity for the service rendered under the Central Government in accordance with sub-rule (1); or (b) to count the service rendered under the Central Government in that State Government for grant of gratuity. (7) Where a Government servant is absorbed in a State Government and exercises an option under clause (b) of sub-rule (6), on retirement from the State Government, the payment of gratuity for the entire service, including the service rendered in the Central Government, shall be made by that Government and no liability of proportionate gratuity shall be borne by the Central Government.”. 28. In the said rules, for rule 33, the following shall be substituted, namely:- "33. Payment of gratuity in the case of missing Government servant.- (1) In the case of a Government servant who goes missing or a retired Government servant who goes missing without receiving the retirement gratuity admissible under sub-rule (1) of rule 22, the amount of retirement gratuity shall be payable to a member or members of the family in the manner and subject to the conditions applicable in the case of a Government servant who dies after retirement without receiving the retirement gratuity. (2) Claims for payment of retirement gratuity shall be,- (a) submitted in Form 4 to the Head of Office by the nominee or nominees or members of family eligible to receive the amount of gratuity, after a report has been lodged with the concerned Police Station in the form of a First Information Report or a Daily Diary Entry or a General Diary Entry. (b) accompanied by an Indemnity Bond in Proforma- B along with a copy of the report lodged with the concerned Police Station and the report obtained from the police to the effect that the Government servant could not be traced despite all efforts made in that regard. (3) In case of a Government servant who goes missing, the emoluments for retirement gratuity shall be determined in accordance with rule 22, based on the pay and emoluments on the last date on which he was on duty before he went missing or, if he was on leave, the date on which leave sanctioned to him expired. (4) (a) The payment of the amount of retirement gratuity shall not be made before the expiry of a period of six months from the date of lodging of report with the concerned Police Station: Provided further that if the payment of gratuity is delayed and the delay is attributable to administrative lapses or reasons, interest shall be payable for the period of delay beyond a period of six months from the date of submission of claim and responsibility shall be fixed for such delayed payment of gratuity, in accordance with rule 44. (b) In case of a Government servant who goes missing, death gratuity shall become payable after the death of the Government servant is conclusively established or on expiry of a period of seven years from the date of lodging of the report with the police, whichever is earlier. (c) The difference between the amount of death gratuity and retirement gratuity shall be paid to the person or persons eligible for payment of death gratuity in accordance with these rules, not later than three months from the date of submission of claim for difference between the amount of death gratuity and retirement gratuity. (d) If the payment of difference between the amount of death gratuity and retirement gratuity is delayed and the delay is attributable to administrative lapses or reasons, interest shall be payable for the period of delay beyond a period of six months from the date of submission of claim for difference between the amount of death gratuity and retirement gratuity. (e) The Head of Office shall process the case in Form 5 for grant of retirement gratuity. (5) The Head of Office shall assess all the Government dues outstanding against the Government servant and effect their recovery in accordance with rule 45 before sanctioning the payment of gratuity. (6) Nothing in this rule shall apply in the case of a Government servant who disappears and against whom allegation of fraud or embezzlement or any other crime is under investigation or who has been charged or convicted for such crimes. (7) No payment under this rule shall be authorised to be paid to a person or persons other than a member or members of the family eligible to receive that payment.". 29. In rule 35, after sub-rule (1), the following sub-rule shall be inserted, namely:- "(2) in case of retirement of a Government servant for reasons other than by way of superannuation, the Head of Office shall write to the Directorate of Estates, immediately after the orders were issued for retirement of the Government servant who was or is in occupation of a Government accommodation (hereinafter referred to as allottee) for issuing a 'No demand certificate.". 30. In the said rules, in rule 41, - (a) in sub-rule (2), for the words "two months", the words, "one month from the date of submission of forms" shall be substituted; (b) after sub-rule (8), the following sub-rule shall be inserted, namely:- "(9) In cases where there is a delay in issue of sanction for payment of retirement gratuity, it shall be the responsibility of the Head of Office to ensure that a provisional gratuity is sanctioned in accordance with this rule.". 31. In the said rules, in rule 42,- (a) in sub-rule (1),- (i) in clause (b), for the words, “three months", the words "forty five days" shall be substituted; (ii) after clause (b), the following clause shall be inserted, namely:- "(c) While applying the requisite checks, the Accounts Officer shall verify the correctness of emoluments only for the period of twenty-four months preceding the date of retirement of a Government servant, and not for any period prior to that date."; (b) in sub-rule (2), after the words and figures “referred to in rule 45", the words, brackets and figures "and the amount to be withheld, if any, as per the intimation of Directorate of Estates under sub-rule (5) of rule 46" shall be inserted; (c) after sub-rule (3), the following sub-rule shall be inserted, namely:- "(4)(a) In case of pendency of departmental or judicial proceedings against a Government servant, the Head of Office shall forward the copy of the final order passed by the competent authority in such proceedings along with all relevant details to the Accounts Officer, not later than thirty days from the date of passing of the said order. (b) On receipt of the copy of final order passed by the competent authority from the Head of Office, the Accounts Officer shall take further action to authorise the payment of gratuity to the retired Government servant in accordance with the order passed by the competent authority with regard to the departmental or judicial proceedings within thirty days of the date of receipt of the said order.”. 32. In the said rules, in rule 43, for the words "this rule”, wherever they occur, the words "these rules" shall be substituted. 33. In the said rules, in rule 44, for sub-rules (2), (3) and (4) and the Explanation, the following sub- rules shall be substituted, namely: - “(2) Every case of delayed payment of gratuity (including provisional gratuity) in respect of employees of a Ministry or Department and the employees of its attached and subordinate offices shall be considered by the Secretary of that Ministry or Department or any other officer, not below the level of Joint Secretary to the Government of India, authorised by him for this purpose, and where the Secretary or the officer authorised by him is satisfied that the delay in the payment of gratuity was caused on account of administrative reasons or lapse, the said Secretary or the officer authorised by him shall sanction payment of interest. (3)(a) The administrative Ministry or the Department or the office shall issue sanction for the payment of interest after the Secretary or the officer authorised by him has sanctioned the payment of interest under sub-rule (2). (b) The payment of interest on delayed payment of gratuity shall be paid within a period of two months from the date on which payment of interest has been sanctioned by the Secretary or the officer authorised by him. (4) In all cases where the payment of interest has been sanctioned by the Secretary of the administrative Ministry or the Department or the officer authorised by him, such Ministry or the Department or Office shall fix the responsibility and take disciplinary action against the Government servant or servants who are found responsible for the delay in the payment of gratuity on account of administrative lapses: Provided that the payment of interest under sub-rule (3) shall be made without waiting for the outcome of the disciplinary proceedings, if any. (5) Without prejudice to the generality of the provisions of sub-rule (1), the period for which interest shall be payable for the delay in payment of gratuity shall be determined in the following manner, namely:- (a) in the case of a Government servant who retires on superannuation, interest shall be payable from the date following the date of expiry of a period of three months from the date of retirement, up to the date of payment of gratuity; (b) in the case of a Government servant who retires or is retired otherwise than on superannuation or is absorbed in a public sector undertaking or an autonomous body or dies during the service or after retirement, interest shall be payable from the date following the date of expiry of a period of three months from the date of retirement or absorption or death, as the case may be, up to the date of payment of arrears of gratuity; (c) in the case of a Government servant to whom retirement gratuity was not paid on retirement in accordance with clause (b) of sub-rule (2) of rule 5 on account of departmental or judicial proceedings pending against him on the date of retirement and who is exonerated of all charges on conclusion of such departmental or judicial proceedings, interest shall be payable on retirement gratuity, from the date following the date of expiry of a period of three months from the date of retirement up to the date of payment of gratuity; (d) in the case of a Government servant to whom retirement gratuity was not paid on retirement in accordance with clause (b) of sub-rule (2) of rule 5 on account of departmental or judicial proceedings pending against him on the date of retirement and despite him not having been fully exonerated of all charges on conclusion of such departmental or judicial proceedings, the competent authority decides to allow payment of retirement gratuity, either in full or in part, interest shall be payable on retirement gratuity, from the date of expiry of a period of three months from the date on which the order for payment of gratuity is issued by the competent authority up to the date of payment of gratuity; (e) in the case of a Government servant to whom gratuity was not paid on retirement in accordance with clause (b) of sub-rule (2) of rule 5 on account of departmental or judicial proceedings pending against him on the date of retirement and such departmental or judicial proceedings are dropped consequent upon his death, interest shall be payable on gratuity from the date of expiry of a period of three months from the date of death up to the date of payment of gratuity; (f) where arrears of gratuity become payable to a Government servant on account of enhancement of the amount of gratuity paid on retirement consequent upon retrospective revision of emoluments or liberalisation in the provisions relating to grant of gratuity, interest shall be payable on gratuity to the Government servant from the date of expiry of a period of three months from the date of issue of the order revising the emoluments or liberalising the provisions relating to grant of gratuity, up to the date of payment of arrears of gratuity." . 34. In the said rules, in rule 45, - (a) in sub-rule (1), after the words “due for retirement”, the words “and by the Government servant who has retired or is retiring otherwise than on attaining the age of superannuation" shall be inserted; (b) in Explanation (1), in clause (a), after the words "retirement of the allottee," the words "subletting, unauthorised occupation, transfer to an ineligible office and dues or arrears in respect of electricity, water and PNG charge," shall be inserted. 35. In the said rules, in rule 46,- (a) for sub-rule (1), the following sub-rule shall be substituted, namely:- "(1)(a) in the case of a Government servant who is due for retirement on superannuation, the Directorate of Estates, on receipt of intimation and details from the Head of Office under sub-rule (1) of rule 35 for issue of a 'No Demand Certificate', shall scrutinise its records and inform the Head of Office within a period of two months, if any licence fee was recoverable from the Government servant in respect of the period prior to eight months of his retirement; (b) in the case of a Government servant who has retired or is retiring otherwise than on attaining the age of superannuation, the Directorate of Estates shall inform the Head of Office within a period of one month from the date of receipt of intimation and details from Head of Office under sub-rule (2) of rule 35, if any licence fee was recoverable from the Government servant up to the date of retirement; (c) if no intimation in regard to recovery of outstanding licence fee is received by the Head of Office by the stipulated date, it shall be presumed that no licence fee was recoverable from the allottee in respect of the period preceding eight months of his superannuation or up to the date of retirement in other cases.". (b) In sub-rule (2), before the words “the Head of Office”, the words “In the case of retirement on superannuation,” shall be inserted; (c) for sub-rule (7), the following sub-rule shall be substituted, namely:- "(7) The Directorate of Estates shall ensure that 'No Demand Certificate' shall be given to the Government employee within a period of fourteen days from the actual date of vacation of the Government accommodation and the allottee shall be entitled to payment of interest (at the rate applicable to Public Provident Fund deposit determined from time to time by the Government of India) on the excess withheld amount of gratuity which is required to be refunded, after adjusting the arrears of license fee and damages, if any, payable by the allottee till the date of issue of ‘No Demand Certificate' or the date of expiry of the period of fourteen days from the date of application for ‘No Demand Certificate', whichever is earlier and the interest shall be payable by the Directorate of Estate through the concerned Accounts Officer of the Government employee from the date of application for the said certificate after vacation of the Government accommodation, up to the date of refund of excess withheld amount of gratuity."; (d) sub-rule (8) shall be omitted. 36. In the said rules, in rule 47,- (a) in sub-rule (1), after the words "whichever is earlier", the following shall be inserted, namely:- "in the case of retirement on superannuation, and immediately on retirement or when the fact of retirement of the Government servant is known to the Head of Office, whichever is earlier, in the case of retirement otherwise than on superannuation". (b) in sub-rule (2), after the words "Government servant", the words "in the case of retirement on superannuation, and within a period of thirty days after the date of retirement in the case of retirement otherwise than on superannuation” shall be inserted. 37. In the said rules, for rule 48, the following shall be substituted, namely: "48. Obtaining of claims for death gratuity.- (1) Where the Head of Office has received an intimation about the death of a Government servant while in service, he shall ascertain whether any death gratuity is payable in respect of the deceased Government servant under rule 22 and, if so, the Head of Office shall ascertain,- (a) (i) if the deceased Government servant had nominated any person or persons to receive the gratuity; and (ii) if the deceased Government servant had not made any nomination or the nomination made does not subsist, the person or persons to whom the gratuity may be payable. (b) the Head of Office shall, then, address the person concerned in Form 8, for making a claim in Form 9. (2)(a) if on the date of death, the Government servant was an allottee of Government accommodation, the dues pertaining to outstanding licence fee payable in respect of the period before the date of death of the Government servant shall stand waived off. (b) any dues relating to damages in respect of the Government accommodation shall be recovered from the death gratuity payable to the family and if the Government accommodation is retained by the family of the deceased Government servant, the licence fee for the month in which the Government servant has died and the first three months thereafter, shall not be recovered from the family. (c) the Head of Office shall address the Directorate of Estates within a period of seven days of the date of receipt of intimation or information of death of a Government servant for the issue of 'No Demand Certificate' in accordance with the provisions of sub-rule (1) of rule 54. (3) Where the Head of Office has received an intimation that a Government servant has gone missing, he shall ascertain whether any gratuity is payable in respect of the missing Government servant in accordance with the provisions of rule 33. (4)(a) in the case of a missing Government servant, the Head of Office shall take action in accordance with sub-rule(1) in respect of the missing Government servant and shall address the member of the family eligible to receive the amount of gratuity advising him or her for making a claim for gratuity in Form 4. (b) the Head of office shall inform the eligible members of the family that claims for payment of gratuity shall be submitted to the Head of Office after a report has been lodged with the concerned Police Station in the form of a First Information Report or a Daily Diary Entry or a General Diary Entry and a report has been obtained from the police to the effect that the Government servant could not be traced so far despite all efforts made in that regard. (c) the claims shall be accompanied by an Indemnity Bond in Proforma B, a copy each of the report lodged with the concerned Police Station and a copy of the report obtained from the police to the effect that the Government servant could not be traced so far despite all efforts made in that regard. (d) the Head of Office shall not wait for a death certificate issued by an appropriate authority and shall initiate action under this rule on receipt of an intimation or credible information, in any form, about the death of the Government servant.". 38. In the said rules, in rule 49, - (a) in sub-rule (1), - (i) in clause (a), after the words, “date of death”, the words “or disappearance” shall be inserted; (ii) in clause (b), after the words, "of the deceased", the words "or missing" shall be inserted; (b) in sub-rule (2), in clauses (a) and (b), after the words “date of death”, the words “or disappearance” shall be inserted. 39. In the said rules, in rule 50, in clause (ii), for the words "six months", the words "three months" shall be substituted. 40. In the said rules, in rule 53,- (a) in sub-rule (1), the following proviso shall be inserted, namely:-. "Provided that while applying the requisite checks, the Accounts Officer shall confine the verification of the correctness of emoluments for a maximum period of one year preceding the date of death or disappearance of the Government servant."; (b) in sub-rule (3), after clause (b), the following clause shall be inserted, namely:- "(c) If there are more than one member of the family eligible to receive gratuity and if a member of the family has not submitted his claim for gratuity, the case for drawal of gratuity in his favour may be processed after his claim has been received and the case of other eligible members of the family for sanction of gratuity may be processed without linking it with the case of the family member who has not submitted the claim.". 41. In the said rules, in rule 54, - (a) in sub-rule (1),- (I) in clause (i),- (i) after the words “date of death”, the words "or disappearance” shall be inserted; (ii) for the words and brackets “in duplicate (one copy marked to the Rent Wing and the second to the Allotment Wing)”, the words “to the Directorate of Estates” shall be substituted; (iii) after sub-clause (g), the following sub-clause shall be inserted, namely:- "(h) while calculating the dues in respect of the Government accommodation, the dues pertaining to outstanding licence fee payable in respect of the period before the date of death of the Government servant shall be waived off and if the Government accommodation is retained by the family of the deceased Government servant after his death, the licence fee for the month in which the Government servant has died and the first three months thereafter, shall not be recovered from the family."; (II) in clause (iii), for the words “a period of four months", the words “permissible concessional period" shall be substituted; (III) (b) in clause (iv), for the words "two months", the words “one month" shall be substituted; in sub-rule (2), for the words “one month", the words “fifteen days” shall be substituted. [F. No. 59/03/2019-P&PW(B)] DHRUBAJYOTI SENGUPTA, Jt. Secy. Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub- section (i) vide number G.S.R. 658(E), dated the 23rd September, 2021. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.