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Core Purpose

The President, in exercise of powers conferred by article 309 of the Constitution, hereby makes the Railway Services (Payment of Gratuity under National Pension System) Rules, 2025.

Detailed Summary

The Ministry of Railways (Railway Board) issued Notification G.S.R. 852(E) on November 14, 2025, enacting the Railway Services (Payment of Gratuity under National Pension System) Rules, 2025. These rules are deemed to have come into force on January 1, 2004, and apply to railway servants appointed substantively on or after this date who are covered by the Railway Services (Implementation of National Pension System) Rules, 2025. The notification defines key terms such as 'emoluments' (including basic pay, non-practicing allowance, stagnation increment, and 55% of basic pay for Running Staff) and 'average emoluments' (determined from the last ten months of service). It outlines conditions for 'qualifying service,' covering periods of probation, leave, training, and suspension, and addresses forfeiture of service due to dismissal, removal, or resignation, alongside provisions for reinstatement and condonation of service interruptions. Claims to gratuity are regulated by these rules, and the President reserves the right to withhold gratuity for grave misconduct or negligence, following consultation with the Union Public Service Commission. A railway servant completing five years of qualifying service is eligible for retirement gratuity, calculated as one-fourth of emoluments for each completed six-monthly period, up to a maximum of 16.5 times the emoluments. In case of death in service, death gratuity is payable to the family at rates varying with the length of qualifying service, with a maximum of Rs. 25 lakh, as per amendment vide letter No. 2016/F(E)III/1/(1)/8 dated May 31, 2024. The rules also detail nomination procedures (Form 2), payment to beneficiaries, debarment of individuals charged with murdering the railway servant, and lapse of gratuity to the Government. Specific provisions are made for superannuation, invalid, retiring, and compulsory retirement gratuity. Furthermore, the notification addresses benefits for railway servants absorbed into corporations, companies, or bodies controlled or financed by the Central or State Governments, and procedures for processing gratuity claims for missing railway servants (Form 4) after six months of a police complaint.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 766] NEW DELHI, MONDAY, NOVEMBER 17, 2025/KARTIKA 26, 1947 CG-DL-E-28112025-268036 MINISTRY OF RAILWAYS (Railway Board) NOTIFICATION New Delhi, the 14th November, 2025 G.S.R. 852(E).— In exercise of the powers conferred by the proviso to article 309 ofthe Constitution, the President hereby makes the following rules, namely:- CHAPTER I 1. Short title and commencement.- (1) These rules may be called the Railway Services (Payment of Gratuity under National Pension System) Rules, 2025. (2) It shall be deemed to have come into force on the 1st day of January, 2004. 2. Application.- Save as otherwise provided in these rules, these rules shall apply to the railway servant appointed substantively to railway services on or after the 1st day of January, 2004, and to whom the Railway Services (Implementation of National Pension System) Rules, 2025 apply : Provided that in the case of a railway servant who dies during service or is boarded out on account of disablement or retires on invalidation and who had exercised option under rule 10 of the Railway Services (Implementation of National Pension System) Rules, 2025 for availing benefits under the Railway Services (Pension) Rules, 1993 or the Railway Services (Extraordinary Pension) Rules, 1993, payment of gratuity shall be made in accordance with the said rules. 3. Definitions. – (1) In these rules, unless the context otherwise requires, - (a) “Accounts Officer” means a Principal Financial Advisor of a Railway or such other Officers as may be appointed in this behalf by the Railway Board; (b) “allottee” means a railway servant to whom railway or Government accommodation has been allotted on payment of license fee or otherwise; (c) “average emoluments” means average emoluments as determined in accordance with rule 7; (d) “Code” means the Indian Railway Establishment Code; (e) “Emoluments” means emoluments referred to in rule 6; (f) “Form” means a Form appended to these rules ; (g) “Government” means the Central Government ; (h) “Government dues” means dues referred to in rule 45; (i) “gratuity” includes retirement gratuity and death gratuity payable under these rules; (j) “Head of office” means a Gazetted Officer whom the appointing authority may, by order declare as Head of office and includes such other authority or person whom the appointing authority may specify in the like manner; (k) “Minor” means a person who has not completed the age of eighteen years; (l) “qualifying service” means the service rendered while on duty or otherwise which shall be taken into accountfor the purpose of payment of gratuity admissible under these rules; (m) “railway servant” means a person who is a member of a railway service or holds a post under the administrative control of the Railway Board and includes a person who is holding the post of Chairman and Chief Executive Officer, Member (Finance) or a Member of the Railway Board, it does not include casual labour or person lent from a service or post which is not under the administrative control of the Railway Board to a service or post which is under such administrative control; and (n) ‘Service Book’ is a document (either in physical or electronic form) containing record of service including service roll, if any. (2) The words and expressions used herein and not defined, but defined in the Code or the Railway Services (Implementation of National Pension System) Rules, 2025, shall have the same meanings as respectively assigned to them in those rules. CHAPTER II GENERAL CONDITIONS 4. Regulation of claims to gratuity. - (1) Any claim to gratuity shall be regulated by the provisions of these rules in force at the time when a railway servant retires or is retired or is discharged or is allowed to resign from service or dies, as the case may be. (2) The day on which a railway servant retires or is retired or is discharged or is allowed to resign from service, as the case may be, shall be treated as his last working day and the date of death of a railway servant shall also be treated as a working day. 5. Right of President to withhold gratuity.- (1) The President reserves to himself the right of withholding gratuity, either in full or in part, and of ordering recovery from gratuity of the whole or part of any pecuniary loss caused to the Government, if, in any departmental or judicial proceedings instituted while the railway servant was in service, the retired railway servant is found guilty of grave misconduct or negligence : Provided that the Union Public Service Commission shall be consulted before any final orders are passed by the President under this rule. (2) (a) The departmental proceedings referred to in sub-rule (1), shall, after the retirement of the railway servant, be deemed to be proceedings under this rule and shall be continued and concluded by the authority by which they were commenced in the same manner as if the railway servant had continued in service : Provided that in all cases where the departmental proceedings are instituted by an authority subordinate to the President, that authority shall submit a report recording its findings to the President. (b) No gratuity shall be payable to the railway servant until the conclusion of the departmental or judicial proceedings referred to in sub-rule (1) and issue of final orders thereon. (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 and may confirm, modify or set aside the order, or remit the case to an authority directing such authority to make such further inquiry as it may consider necessary 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. (4) The President may at any time, either on his own motion or otherwise review any order passed under these rules, where extenuating or special circumstances exist to warrant such review or when a new material or evidence which could not be produced or was not available at the time of passing of the order under review and which has the effect of changing the nature of the case, has come or has been brought to his notice: Provided that no order enhancing the amount of gratuity to be withheld or withdrawn shall be made. (5) For the purpose of this rule, - (a) departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the railway servant or pensioner, or if the railway 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. CHAPTER III EMOLUMENTS AND AVERAGE EMOLUMENTS 6. Emoluments.- (1) The expression ‘emoluments’ for the purpose of determining the amount of gratuity payable under these rules shall include the basic pay as defined in clause (i) of rule 1303 of the Code, which a railway servant was receiving immediately before his retirement or on the date of his death and shall also include non-practicing allowance granted to medical officer in lieu of private practice. Explanation 1: For the purpose of this sub-rule, stagnation increment shall be treated as emolument for calculation of gratuity. Explanation 2:‘Pay element’ of Running Staff shall also include fifty-five per centum of the basic pay for reckoning emoluments. (2) Where a railway servant immediately before his retirement or death while in service had been absent from duty or was on leave for which leave salary is payable or having been suspended had been reinstated without forfeiture of service, the emoluments which he would have drawn had he not been absent from duty or suspended shallbe the emoluments for the purposes of this rule: Provided that any increase in pay other than the increment referred to in sub-rule (5) which is not actually drawn shall not form the part of his emoluments. (3) Where a railway servant immediately before his retirement or death while in service had proceeded on leave for which leave salary is payable after having held a higher appointment whether in an officiating or temporary capacity, the benefit of emoluments drawn in such higher appointment shall be given only if it is certified that the railway servant would have continued to hold the higher appointment but for his proceeding on leave. (4) Where a railway servant immediately before his retirement or death while in service had been absent from duty on extraordinary leave or had been under suspension, the period whereof does not count as service, the emoluments which he drew immediately before proceeding on such leave or being placed under suspension shall be the emoluments for the purposes of this rule. (5) Where a railway servant immediately before his retirement or death while in service, was on leave on average pay, and earned an increment which was not withheld, such increment though not actually drawn, shall form part of his emoluments : Provided that the increment was earned during the currency of the leave on average pay not exceeding one hundred and twenty days, or during the first one hundred and twenty days of leave on average pay where such leave was for more than one hundred and twenty days. (6) Pay drawn by a railway servant while on deputation to another Central Government Department and to the Armed Forces of India shall be treated as emoluments. (7) Pay drawn by a railway servant while on foreign service shall not be treated as emoluments, and the paywhich he would have drawn under the Government had he not been on foreign service shall alone be treated as emoluments. (8) Where a pensioner who is re-employed in railway service and whose pay on re-employment has been reduced by an amount not exceeding his monthly pension, the element of monthly pension by which his pay is reduced shall be treated as emoluments. 7. Average emoluments.- (1) For the purposes of these rules, average emoluments shall be determined with reference to the emoluments drawn by a railway servant during the last ten months of his service. (2) Where during the last ten months of his service, a railway servant had been absent from duty on leave for which leave salary is payable or having been suspended had been reinstated without forfeiture of service, the emoluments which he would have drawn, had he not been absent from duty or suspended shall be taken into account for determining the average emoluments : Provided that any increase in pay other than the increment referred to in sub-rule (4) which is not actually drawn shall not form the part of his emoluments. (3) Where during the last ten months of his service, a railway servant had been absent from duty on extraordinary leave, or had been under suspension the period whereof does not count as service, the aforesaid period of leave or suspension shall be disregarded in the calculation of the average emoluments and equal period beforethe ten months shall be included, and in order that the fractions of a month, when added, worked out to one full month,a month for this purpose shall be reckoned as consisting of thirty days. (4) Where a railway servant who was on leave on average pay during the last ten months of his service and earned an increment, which was not withheld, such increment though not actually drawn shall be included in the average emoluments: Provided that the increment was earned during the currency of the leave on average pay not exceeding one hundred and twenty days or during the first one hundred and twenty days of leave on average pay where such leave was for more than one hundred and twenty days. CHAPTER IV QUALIFYING SERVICE 8. Commencement of qualifying service. - Subject to the provisions of these rules, qualifying service of a railway servant shall commence from the date he takes charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity : Provided that officiating or temporary service is followed without interruption by substantive appointment in the same or another service or post. 9. Conditions subject to which service qualifies. - (1) The service of a railway servant shall not qualify, unless his duties and pay are regulated by the Government, or under conditions determined by the Government. Explanation. - For the purposes of this sub-rule, the expression "service" means service under the Government and paid by that Government from the Consolidated Fund of India or a Local Fund administered by that Government. (2) In the case of railway servant belonging to a State Government who 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 capacity, if any, followed without interruption by substantive appointment, the continuous service rendered under that Government in an officiating or temporary capacity, as the case may be, shall qualify. 10. Counting of service on probation. - Service rendered on probation against a post, if followed by confirmation in the same or another post shall qualify. 11. Counting of service as apprentice. - Service rendered as an apprentice shall not be treated as qualifying service. 12. Counting of periods spent on leave. - All leave during service for which leave salary is payable and all extraordinary leave granted on medical certificate shall count as qualifying service: Provided that in the case of extraordinary leave other than extraordinary leave granted on medical certificate the appointing authority may, at the time of granting such leave, allow the period of that leave to count as qualifying service if such leave is granted to a railway servant, – (i) due to his inability to join or rejoin duty on account of civil commotion; or (ii) for pursuing higher studies considered useful in discharge of the official duty of the railway servant. 13. Counting of periods spent on training. - (1)The Government may, by order, decide whether the time spent by a railway servant under training immediately before appointment to a Group ‘A’ or Group ‘B’ post under that Government shall count as qualifying service. (2) Time spent by a railway servant under training immediately before appointment to a Group ‘C’ post under the Government shall count as qualifying service. (3) Group ‘C’ employees, who are required to undergo departmental training relating to jobs before they are put on regular employment, training period may be treated as qualifying service for gratuity, if the training is followed immediately by an appointment and the benefit shall be admissible to Group ‘C’ employees even if the officers concerned are not given the scale of pay of the post but only a nominal allowance. 14. Counting of periods of suspension. – (1) Time passed by a railway servant under suspension pending inquiry into his conduct shall count as qualifying service where, on conclusion of such inquiry, (a) he has been fully exonerated; or (b) a minor penalty is imposed on the railway servant; or (c) the suspension is held to be wholly unjustified. (2) In other cases, the period of suspension shall not count unless the authority competent to pass orders under the rule governing such cases expressly declares at the time that it shall count to such extent as the competent authority may declare. 15. Forfeiture of service on dismissal or removal. - Dismissal or removal of a railway servant from a service or post entails forfeiture of his past service. 16. Counting of past service on reinstatement. - (1) A railway servant who is dismissed, removed or compulsorily retired from service, but is reinstated on appeal or review, in such case his past service shall count as qualifying service. (2) The period of interruption in service between the date of dismissal, removal or compulsory retirement, as the case may be, and the date of reinstatement, and the period of suspension, if any, shall not count as qualifying service unless regularised as duty or leave by a specific order of the authority which passed the order of reinstatement. 17. Forfeiture of service on resignation. - (1) Resignation from a service or a post, unless it is allowed to be withdrawn in the public interest by the appointing authority, entails forfeiture of past service. (2) A resignation shall not entail forfeiture of past service if it has been submitted to take up, with proper permission, another appointment, whether temporary or permanent, under the Government where service qualifies. (3) Interruption in service in a case falling under sub-rule (2), due to the two appointments being at different stations, not exceeding the joining time permissible under the rules of transfer, shall be covered by grant of leave of any kind due to the railway servant on the date of relief or by formal condonation by present organisation to the extent to which the period is not covered by leave due to him. (4) Where an order is passed by the appointing authority under Railway Services (Implementation of National Pension System) Rules, 2025, allowing a person to withdraw his resignation and to resume duty, the order shall be deemed to include the condonation of interruption in service but the period of interruption shall not count as qualifying service. (5) A resignation submitted for the purpose of rule 32 shall not entail forfeiture of past service under the Government. 18. Effect of interruption in service. – (1) An interruption in the service of a railway servant entails forfeiture of his past service, except in the following cases, namely :- (a) uthorized leave of absence ; (b) uthorizedd absence in continuation of uthorized leave of absence so long as the post of absentee is not filled substantively ; (c) suspension, where it is immediately followed by reinstatement, whether in the same or a different post, or where the railway servant dies or is permitted to retire or is retired on attaining the age ofcompulsory retirement while under suspension ; (d) transfer to non-qualifying service in an establishment under the control of the Government if such transferhas been ordered by a competent authority in the public interest ; and (e) joining time while on transfer from one post to another. (2) Notwithstanding anything contained in sub-rule (1), the appointing authority may, by order, commuteretrospectively the periods of absence without leave as extraordinary leave. 19. Condonation of interruption in service. - (1) In the absence of a specific indication to the contrary in the service book, an interruption between two spells of civil service rendered by a railway servant under Government including Civil Service rendered and paid out of Defence Services Estimates or Railway Estimates shall be treated as automatically condoned and the pre interruption service treated as qualifying service. (2) Nothing in sub-rule (1) shall apply to interruption caused by resignation, dismissal or removal from service or for participation in a strike. (3) The period of interruption referred to in sub-rule (1) shall not count as qualifying service. 20. Period of deputation. - Service rendered by a railway servant on foreign service in India or abroad or on deputation to United Nations or other International organisations shall count as qualifying service for gratuity provided contributions in respect of gratuity have been deposited for the said period either by the railway servanthimself or by the foreign employer. Explanation.- For the purposes of this rule, the rate of contribution for counting of period as qualifying service for thepurpose of grant of gratuity shall be regulated in accordance with the instructions issued by the Ministry of Railways from time to time. 21. Verification of qualifying service after eighteen years’ service and five years before retirement. - (1) On each occasion after a railway servant has completed eighteen years of service and on his being left with five years of service before the date of superannuation, the Head of Office in consultation with Accounts Officer shall, in accordance with the rules for the time being in force, verify the service rendered by such a railway servant, determine the qualifying service and communicate to him, in Form 1, the period of qualifying service so determined. (2) Notwithstanding anything contained in sub-rule (1), where a railway servant is transferred to another Department from a temporary Department or on account of the closure of the Department he had been previously serving or because the post he held had been declared surplus, the verification of his service may be done whenever such event occurs. (3) The verification done under sub-rules (1) and (2) shall be treated as final and shall not be reopened except when necessitated by a subsequent change in the rules and orders governing the conditions under which the service qualifiesfor gratuity. CHAPTER V Regulation of Retirement Gratuity and Death Gratuity 22. Retirement gratuity or death gratuity. - (1) A railway servant, who has completed five years' qualifying service and who, - (i) retires on attaining the age of superannuation, or on invalidation; or (ii) retires or is retired, in advance of the age of superannuation in accordance with chapter 18 of the Indian Railway Establishment Code–Vol II (1987-Edition) or rule 12 of the Railway Services (Implementation of National Pension System) Rules, 2025; or (iii) on being declared surplus to the establishment in which he was serving, opts for Special Voluntary Retirement Scheme relating to voluntary retirement of surplus employees; or (iv) on has been permitted to be absorbed in a service or post in or under a Corporation or Company wholly or substantially owned or controlled by the Central Government or a State Government or in or under a body controlled or financed by the Central Government or a State Government, shall, on his retirement, be granted retirement gratuity equal to one-fourth of his emoluments for each completed six monthly period of qualifying service, subject to a maximum of 16½ times the emoluments. (2) Where a railway servant dies while in service, the death gratuity shall be payable to his family in the manner indicated in sub-rule (1) of rule 24 at the rates given in the following Table, namely : - TABLE +-----+----------------------------------+----------------------------------+ | Sl. | Length of qualifying service | Rate of death gratuity | | No. | | | +=====+==================================+==================================+ | (i) | Less than one year | Two times of emoluments. | +-----+----------------------------------+----------------------------------+ | (ii)| One year or more but less than five years | Six times of emoluments. | +-----+----------------------------------+----------------------------------+ | (iii)| Five years or more but less than eleven years | Twelve times of emoluments. | +-----+----------------------------------+----------------------------------+ | (iv)| Eleven years or more but lessthan twenty years | Twenty times of emoluments. | +-----+----------------------------------+----------------------------------+ | (v) | Twenty years or more | Half of emoluments for every | | | | completed six monthly period of | | | | qualifying service subject to a | | | | maximum of thirty three times of | | | | emoluments. | +-----+----------------------------------+----------------------------------+ Provided that the amount of retirement gratuity or death gratuity payable under this rule shall in no case exceed twentylakh rupees as amended from time to time (as per recent amendment vide letter No. 2016/F(E)III/1/(1)/8 dated 31.05.2024, the gratuity should not exceed twenty-five lakh rupees): Provided further that where the amount of retirement or death gratuity as finally calculated contains a fraction of a rupee, it shall be rounded off to the next higher rupee. (3) The emoluments for the purpose of gratuity admissible under this rule, shall be reckoned in accordance withrule 6: Provided that if the emoluments of a railway servant have been reduced during the last ten months of his service otherwise than as a penalty, average emoluments as referred to in rule 7 shall be treated as emoluments: Provided further that the dearness allowance admissible on the date of retirement or death, as the case may be, shall also be treated as emoluments for the purpose of this rule. (4) Where a railway servant, who has become eligible for retirement gratuity dies within five years from the date of his retirement from service including compulsory retirement as a penalty and the sums actually received by him at the time of death on account of such annuity under National Pension System, if any, together with the retirement gratuity admissible under sub –rule (1) are less that the amount equal to twelve times of his emoluments, a residuary gratuity equal to the deficiency may be granted to his family in the manner indicated in sub-rule (1) of rule 24. (5) For the purposes of this rule and rules 23, 24, 25 and 26, ‘family', in relation to a railway servant, means, – (i) wife or wives including judicially separated wife or wives in the case of a male railway servant; (ii) husband, including judicially separated husband in the case of a female railway servant; (iii) sons including step sons and adopted sons; (iv) unmarried daughters including step daughters and adopted daughters; (v) widowed or divorced daughters including stepdaughters and adopted daughters; (vi) father, including adoptive parents in the case of individuals whose personal law permits adoption; (vii) mother, including adoptive parents in the case of individuals whose personal law permits adoption; (viii) brothers below the age of eighteen years including stepbrothers; (ix) unmarried sisters and widowed sisters including stepsisters; (x) married daughters, and (xi) children of a pre-deceased son. Explanation. - (1) In calculating the length of qualifying service, fraction of a year equal to three months and aboveshall be treated as a completed one half-year and reckoned as qualifying service. (2) Death gratuity shall also be admissible in the case of a railway servant who commits suicide. 23. Nominations. - (1) A railway servant shall, on his initial confirmation in a service or post, make a nomination in Form 2, conferring on one or more persons the right to receive the retirement gratuity or death gratuity payable under rule 22 : Provided that if at the time of making the nomination, – (a) the railway servant has a family, the nomination shall not be made in favour of any person or persons other than the members of his family ; or (b) the railway servant has no family, the nomination may be made in favour of a person or persons, or a body of individuals, whether incorporated or not. (2) Where a railway servant nominates more than one person under sub-rule (1), he shall specify in the nomination the amount of share payable to each of the nominees, in such manner as to cover the entire amount of gratuity. (3) A railway servant may provide in the nomination, – (a) that in respect of any specified nominee who predeceases the railway servant, or who dies after the deathof the railway servant but before receiving the payment of gratuity, the right conferred on that nominee shall passto such other person as may be specified in the nomination : Provided that if at the time of making the nomination the railway servant has a family consisting of more than one member, the person so specified shall not be a person other than a member of his family: Provided further that where a railway servant has only one member in his family, and a nomination has been made in his favour, it is open to the railway servant to nominate alternate nominee or nominees in favour of any person or a body of individuals, whether incorporated or not ; (b) that the nomination shall become invalid in the event of the happening of the contingency provided therein. (4) The nomination made by a railway servant who has no family at the time of making it, or the nomination made by a railway servant under the second proviso to clause (a) of sub-rule (3) where he has only one member in his family shall become invalid in the event of the railway servant subsequently acquiring a family, or an additional member in the family, as the case may be. (5) A railway servant may, at any time, cancel a nomination by sending a notice in writing to the Head of Office: Provided that he shall, along with such notice, send a fresh nomination made in accordance with this rule. (6) Immediately on the death of a nominee in respect of whom no special provision has been made in the nomination under clause (a) of sub-rule (3) or on the occurrence of any event by reason of which the nomination becomes invalid in pursuance of clause (b) of sub-rule (3), the railway servant shall send to the Head of Office a notice in writing cancelling the nomination together with a fresh nomination made in accordance with this rule. (7) (a) Every nomination made including every notice of cancellation, if any, given by a railway servant under this rule, shall be sent to the Head of Office; (b) The Head of Office shall, immediately on receipt of such nomination, verify that the nomination made by the railway servant is in accordance with the provisions of this rule and, if the railway servant has a family, the nomination made is in favour of one or more members of the family as referred to in sub-rule (5) of rule 22 and the Head of Office shall, thereafter, countersign the nomination indicating the date of receipt and keep it under his custody : Provided that the Head of Office may authorise his subordinate Gazetted Officers to countersign nomination forms of non-Gazetted railway servants; (c) Suitable entry regarding receipt of nomination shall be made in the service book of the railway servant concerned. (8) Every nomination made, and every notice of cancellation given, by a railway servant shall, to the extent thatit is valid, take effect from the date on which it is received by the Head of Office. 24. Persons to whom gratuity is payable.- (1) (a) The gratuity payable under rule 22 shall be paid to the personor persons on whom the right to receive the gratuity is conferred by means of a nomination under rule 23; (b) If there is no such nomination or if the nomination made does not subsist, the gratuity shall be paid in the following manner, namely : - (i) if there are one or more surviving members of the family as specified in clauses (i), (ii), (iii), (iv) and (v) of sub rule (5) of rule 22, to all such members in equal shares; and (ii) if there are no such surviving members of the family as specified in sub-clause (i), but there are one or moremembers as specified in clauses (vi), (vii), (viii), (ix), (x) and (xi) of sub-rule (5) of rule 22, to all such members in equal shares. (2) If a railway servant dies after retirement without receiving the gratuity admissible under sub-rule (1) ofrule 22 the gratuity shall be disbursed to the family in the manner provided in sub-rule (1). (3) The right of a female member of the family, or that of a brother, of a railway servant who dies while in service or after retirement, to receive the share of gratuity shall not be affected if the female member marries or re-marries, or the brother attains the age of eighteen years, after the death of the railway servant and before receiving her or his share of the gratuity. (4) Where gratuity is granted under rule 22 to a minor member of the family of the deceased railway servant, itshall be payable to the guardian on behalf of the minor. Explanation 1: Payment of the minor’s share of gratuity shall be made to the natural guardian of the minor, if any and in the absence of a natural guardian, the payment of minor’s share of gratuity shall be made to the person who furnishes a certificate of guardianship. Explanation 2: In the absence of a natural guardian, the payment of twenty per cent of minor’s share of gratuity may be made to the guardian without the production of a guardianship certificate, but on production of an indemnity bond in Proforma A and the balance amount of minor’s share of gratuity may be paid to the guardian on production of the certificate of guardianship. Explanation 3: The share of the gratuity payable to a member of the family who has died or become disqualified before receiving actual payment, shall be distributed equally among the remaining members of the family in accordance with clause (ii) of sub-rule (1) of rule 24. Explanation 4: Disbursing authorities shall ascertain, before making actual payment of a death or retirement gratuity whether all the member of the family in whose favour the sanction was issued have continued to be qualified, if not, and also if any of them is dead, the fact shall be reported immediately to the sanctioning authority for the issue of a revised sanction in favour of the remaining members of the family. 25. Debarring a person from receiving gratuity. - (1) Where a person who in the event of death of a railway servant while in service is eligible to receive gratuity in terms of rule 24, is charged with the offence of murdering the railway servant or for abetting in the commission of such an offence, his claim to receive his share of gratuity shall remain suspended till the conclusion of the criminal proceedings instituted against him. (2) Where on the conclusion of the criminal proceedings referred to in sub-rule (1), the person concerned, – (a) is convicted for the murder or abetting in the murder of the railway servant, he shall be debarred fromreceiving his share of gratuity which shall be payable to other eligible members of the family, if any; (b) is acquitted of the charge of murdering or abetting in the murder of the railway servant, his share of gratuity shall be payable to him. (3) The provisions of sub-rule (1) and sub-rule (2) shall also apply to the undisbursed gratuity referred to insub rule (2) of rule 24. 26. Lapse of retirement gratuity or death gratuity. - Where a railway servant dies while in service orafter retirement without receiving the amount of gratuity and leaves behind no family, and, – (a) has made no nomination; or (b) the nomination made by him does not subsist, the amount of retirement gratuity or death gratuity payable in respect of such railway servant under rule 22 shall lapse to the Government : Provided that the amount of death gratuity or retirement gratuity shall be payable to the person in whose favour a Succession Certificate in respect of the gratuity in question has been granted by a Court of Law. 27. Superannuation gratuity. - A superannuation gratuity shall be granted in accordance with rule 22 to a railway servant who is retired on his attaining the age of superannuation or, if the service of the railway servant has been extended beyond superannuation, on expiry of such period of extension of service beyond the age of superannuation. 28. Invalid gratuity. - An Invalid gratuity shall be granted in accordance with rule 22 to a railway servant who retires from the service on account of any bodily or mental infirmity which permanently incapacitates him for theservice in accordance with rule 16 of the Railway Services (Implementation of National Pension System) Rules, 2025 and who had exercised option or in whose case the default option under rule 10 of that rules, is for availing benefits under National Pension System: Provided that where a railway servant, who had exercised option or in whose case the default option under rule 10 of the Railway Services (Implementation of National Pension System) Rules, 2025 is for availing benefits under the Railway Services (Pension) Rules, 1993 or the Railway Services (Extraordinary Pension) Rules, 1993 and in whose case the provision of section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) are not applicable, retires on account of any bodily or mental infirmity which permanently incapacitates him for the service, further action will be taken by the Head of Office for disbursement of benefits in accordance with the Railway Services (Pension) Rules, 1993 or the Railway Services (Extraordinary Pension) Rules, 1993 as the case may be. 29. Retiring gratuity. - A railway servant who retires or is retired, in advance of the age of superannuation in accordance with chapter 18 of the Indian Railway Establishment Code–Vol II (1987-Edition) or rule 12 of the Railway Services (Implementation of National Pension System) Rules, 2025 or on being declared surplus to the establishment in which he was serving, optsfor Special Voluntary Retirement Scheme for surplus employees adopted on Railways vide letter No. E(P&A) I-2002/RT-1 dated the 4th August, 2004 as amended from timeto time, shall be entitled to gratuity admissible under rule 22. 30. Gratuity on compulsory retirement.- (1) A railway servant compulsorily retired from service as a penalty may be granted, by the authority competent to impose such penalty, gratuity at a rate not less than two-thirds of gratuity admissible to him on the date of his compulsory retirement. (2) Whenever in the case of a railway servant the President passes an order (whether original, appellate or in exercise of power of review) awarding a gratuity less than the full gratuity admissible under these rules, the Union Public Service Commission shall be consulted before such order is passed. 31. Effect of dismissal or removal. - A railway servant who is dismissed or removed from service shall forfeit his gratuity : Provided that the authority competent to dismiss or remove him from service may, if the case is deserving of special consideration, sanction a compassionate gratuity not exceeding two-thirds of retirement gratuity calculated at the rates mentioned in sub-rule (1) of rule 22. 32. Benefit on absorption in or under a corporation, company or body. - (1) A railway servant who has been permitted to be absorbed in a service or post in or under a corporation or company wholly or substantially owned or controlled by the Central Government or a State Government or in or under a body controlled or financed by the Central Government or a State Government, shall be deemed to have retired from service from the date of such absorption and, subject to sub-rule (4), 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 such corporation or company or body, the total amount of gratuity in respect of the service rendered under the Government and the service rendered in such corporation or company or body shall not exceed the amount that would have been admissible had the railway servant continued in Railway service and retired on the same pay which he drew on retirement from that corporation or company or body. (2) The provisions of sub-rule (1) shall also apply to railway servants who are permitted to be absorbedin joint sector undertakings, wholly under the joint control of the Central Government and State Governments or Union territory Administrations or under the joint control of two or more State Governments or Union territory Administrations. (3) (a) where a railway servant joins a corporation or company or body on immediate absorption basis, the relieving order shall be issued in the Form 3 and the relieving order shall indicate the period within which the railway servant shall join the corporation or company or body : Provided that this period may be extended by the relieving authority for reasons beyond the control of the Railway, which shall be recorded in writing. (b) The period between the date of relief and the date of joining in the corporation or company or body 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. (c) The relieving authority, before processing the case for sanction of retirement benefits, shall ascertain the date of joining by the railway servant in the corporation or company or body and accept the resignation of the railway servant from the date preceding the date of joining. (d) No lien of the railway servant shall be retained in the relieving Department and all his connections with the Government shall stand severed on his absorption in the corporation or company or body. (4) Where a gratuity scheme similar to the gratuity scheme under these rules exists in a body controlled or financed by the Central Government or a State Government in which a railway servant is absorbed, he shall be entitled to exercise option either, - (a) to receive retirement benefits for the service rendered under the Railways in accordance with sub-rule (1); or (b) to count the service rendered under the Railways in that body for pension. (5) Where a railway servant is absorbed in a body controlled or financed by the Central Government or a State Government and exercises an option under clause (b) of sub-rule (4), the Government shall discharge its gratuity liability by paying in lump sum as a one-time payment and the gratuity liability shall be the capitalised value of retirement gratuity for the service up to the date of absorption in that body. (6) The date of absorption shall be determined in accordance with the provisions of rule 15 of the Railway Services (Implementation of National Pension System) Rules, 2025. Explanation. – For the purpose of this rule, the expression ‘body’ means an autonomous body or a statutory body. 33. Payment of gratuity in the case of missing railway servant. - (1) Where a railway servant is missing, the family shall lodge a complaint with the concerned police station and obtain report from the police, that the railway servant has not been traced despite all efforts made by the police and the report may be the First Information Report or any other report such as Daily Diary or General Diary Entry. (2) The family after six months of lodging police complaint may apply in Form 4 for the grant of retirement gratuity tothe Head of Office of the organisation where the railway servant had last served. (3) The retirement gratuity may be sanctioned by the concerned Ministry or Department after observing the following formalit

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