Rule 48 — CCS

48. Debarring a person from receiving gratuity.- (1) If a person who in the event of death of a Government servant while in service is eligible to receive gratuity in terms of rule 47, is charged with the offence of murdering the Government 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) If 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 Government servant, he shall be debarred from receiving 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 Government 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 in sub-rule (3) of rule 47.

Explanation.- For the purpose of this rule, the charge of murder or abetting in the murder of Government servant will include the charge of abetting death by suicide.

49 Lapse of retirement gratuity and death gratuity.- Where a Government servant dies while in service or after 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 Government servant under rule 45 shall lapse to the Government:

that the amount of death gratuity or retirement gratuity shall be payable to the person in whose favour Certificate in respect of the gratuity in question has been granted by a Court of Law.