Gratuity Trust Rules

TATA COMMUNICATIONS GRATUITY RULES

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SCHEDULE - A

TATA COMMUNICATIONS EMPLOYEES' GRATUITY FUND.

RULES AND REGULATIONS

1. DEFINITIONS :-

In these Rules and Regulations unless there is anything repugnant to the subject or

context :

(a) "Board of Trustees" means the Board consisting of all Trustees of the Fund.

(b) "Beneficiary" means an employee entitled to gratuity in accordance with the

provisions of these Rules.

(c) "Commissioner" means Commissioner of Income Tax.

(d) "Employee" means any person in full time regular employment of the

Company who is employed for wages in any kind of work, manual or

otherwise including Chief Executive and full time Functional Directors and

ex-servicemen but shall exclude the following :-

(i) Casual and non-regular employees.

(ii) Government servants and others employed on deputation terms.

(iii) Employees on contract basis.

(iv) Apprentices and trainees.

(v) Re-employed persons.

(e) “Employer” means the Chief Executive Officer of TATA Communications

Limited, or any other officer so appointed or nominated by him in this

behalf.

(f) "The Board of Directors" means the Board of Directors for the time being of

TATA Communications Limited and shall include any Committee or Director of

the Board of Directors to which the Board of Directors has delegated or may

delegate its powers in this respect.

(g) "The Company" means TATA Communications Limited.

(h) "The Fund" means TATA Communications Employees' Gratuity Fund Trust.

(i) "Rules" means the Rules and Regulations of the Gratuity Fund as contained in

this Schedule.

(j) "Secretary" means the Secretary of the Board of Trustees.


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(k) "Trustees" means the Trustees of the Fund and "Trust" means the irrevocable

Trust under which the Fund is established.

(l) "Salary" means gross monthly salary including dearness allowance, if any,

paid to an employee but shall exclude the amount of bonus and any other

allowance or perquisite or overtime or commission that may have been

allowed to the employee as a reward for his service either under an

agreement with the company or otherwise.

(m) Words in the singular number shall include the plural and words in the masculine

gender shall include the feminine.

(n) All other words and expressions not defined herein above shall have the meaning

respectively assigned to them in the Payment of Gratuity Act,1972 and the

Income Tax Rules to the Income Tax Act, 1961.

IRREVOCABILITY OF THE FUND AND PURPOSE OF THE FUND

2. The Fund shall be vested in the Board of Trustees under an irrevocable Trust having for

its sole purpose the provision of gratuity to the employees of the Company as provided in

these Rules.

3. The object of the Fund is to provide moneys for payment of gratuity in India to the

employees of the Company in accordance with the provisions of these Rules.

4. The company shall be the contributor to the Fund.

5. TRUSTEES

There shall be minimum four trustees and maximum seven trustees on the Board of

Trustees of the Fund. The Trustees of the Fund shall be appointed by the Company shall

be resident in India and any Trustee who leaves India permanently shall vacate his office.

6. TERMS OF OFFICE

6.1. The term of Office of the Trustees shall be three years commencing from the

date of their nomination to the Fund. Provided that any such Trustee shall

notwithstanding the expiry of the said period of three years continue to be the

trustee of the Fund, unless a successor is nominated.

6.2. An outgoing trustee shall be eligible for re-nomination.


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7. FILLING UP OF VACANCY IN THE OFFICE OF TRUSTEES.

A Trustee shall cease to hold office with immediate effect.

(a) On his death; or

(b) On his resignation duly accepted by the Board of Trustees or

(c) On his becoming insolvent, insane or incapacitated; or

(d) If he is convicted of an offence involving moral turpitude; or

(e) If he permanently leaves India; or

(f) On his ceasing to be a Director if he is a Director of the Company; or

(g) On his ceasing to be an employee if he is an employee of the Company, and

8. The Company shall nominate a successor in the place of such a Trustee who has ceased to

be a Trustee in any manner aforesaid.

9. ELIGIBILITY AND SCALES OF GRATUITY

9.1. (i) "Gratuity shall be payable for good, efficient and faithful service to full

time employees in the following circumstances :-

(a) Discharge on abolition of post.

(b) Permanent incapacity due to bodily or mental infirmity.

(c) on death or disablement due to accident or disease

(d) Superannuation.

(e) Resignation/Retirement after five years qualifying service.

Provided that

(i) Gratuity shall not be admissible to an employee who resigns from service

before completing five years of service (voluntary retirement under duly

approved scheme would not constitute resignation).

(ii) Except in the case of death or disablement, gratuity will be admissible

only after five years qualifying service.


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Provided further that in the case of death of the employee, gratuity

payable to him shall be paid to his nominee or, if no nomination has

been made, to his heirs.

Explanation:- For the purpose of this clause, disablement means such

disablement as incapacitates an employee for the work which

he was capable of performing before the accident or disease

resulting in such disablement.

Explanation:- In the case of monthly rated employee, the fifteen days’ wages

shall be calculated by dividing the monthly rate of wages last

drawn by him by twenty-six and multiplying the quotient by

fifteen.

(ii) Nothing in this clause shall affect the right of an employee to receive

better terms of gratuity under any award or agreement or contract with

the employer.

9.2. (i) In respect of employees governed by the payment of the Gratuity Act,

1972, the amount of Gratuity shall be equal to 15 days salary last drawn

by the employee concerned for each completed year of qualifying service

or part thereof in excess of six months subject to a maximum of

Rs.3,50,000/- (Rupees three lakhs fifty thousand).

(ii) In respect of the employees not coming under the purview of the Payment

of the Gratuity Act,1972 the amount of Gratuity shall be equal to 15 days'

salary last drawn by the employee concerned for each completed year of

qualifying service or part thereof in excess of six months subject to a

maximum of 16.1/2 months emoluments or Rs.3,50,000/- (Rupees three

lakhs fifty thousand) whichever is less.

(iii) In case an employee dies in harness the amount of gratuity payable to him

shall be calculated either under above or in the manner shown below

whichever is more beneficial.

(a) Death during the first Two months’ salary.

year of service.

(b) Death after one year Six months' salary.

but before five years'

service.

(c) Death after completion Twelve months salary.

of five years' service

but before twenty years'

service.


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(d) Death after completion Half-a-month's salary

of qualifying service of for each completed half

twenty years and more year of qualifying service subject

to a maximum of 33 times the

emoluments provided the amount

of Death Gratuity shall in no case

exceed Rs.3.50 lakhs.

Note (1) 15 days salary will be computed in the following manner :

15 days salary = Monthly emoluments x 15

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(2) For the purpose of computing the gratuity payable to an employee who is

employed after his disablement on reduced salary, his emoluments for the

period preceding his disablement shall be taken to be the salary received

by him during that period and his salary for the period subsequent to his

disablement shall be taken to be salary as so reduced.

(3) "Qualifying service” for purpose of computing gratuity shall mean all

service rendered in the Company after completion of 18 years of age but

excluding interruptions caused due to extra-ordinary leave (that is leave

without salary) availed of other than on medical grounds, and

unauthorised absence treated as dies-non and specifically declared as not

computable for qualifying service.

9.3. NOTWITHSTANDING ANYTHING CONTAINED IN THE PRECEDING

CLAUSE

(a) The gratuity of an employee, whose service have been terminated for any act,

willful omission or negligence causing any damage or loss to or destruction of

property belonging to the Company shall be forfeited to the extent of the damage

or loss so caused;

(b) The gratuity payable to an employee may be wholly or partially forfeited,

(i) if the services of such employee have been terminated for his riotous or

disorderly conduct or any other act of violence on his part; or

(ii) if services of such employee have been terminated for any act which

constitutes an offence involving moral turpitude provided that such

offence is committed by him in the course of his employment.


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10. COMPUTATION OF GRATUITY IN RESPECT OF CENTRAL GOVERNMENT

EMPLOYEES OPTING FOR ABSORPTION IN VSNL AND TRANSFER OF

GRATUITY IN THE CASE OF EMPLOYEES WHO MOVE FROM ONE

PUBLIC ENTERPRISE TO OTHER WITH THE CONSENT OF THE

RESPECTIVE MANAGEMENTS

10.1. When an employee leaves or resigns from the Company's service to take up

employment in Central Government/State Government or any Public Sector

Enterprise with the consent of both the Organisations, an amount towards gratuity

earned by the employee for the service rendered by him in TATA

Communications Limited computed on the basis of the emoluments last drawn

will be paid to the gratuity trust of the transferee enterprise provided the gratuity

Rules of the said trust also provide for accepting the amount of gratuity so

transferred. In such cases, restriction of five years qualifying service as provided

in Rule 9 for entitlement of gratuity will not apply. Service of less than six

months will, however be ignored and in such cases the facility of transfer of

gratuity will not apply.

10.2. Before the gratuity of an ex-employee is transferred by TATA Communications

Employees’ Gratuity Fund Trust to the new employer, an undertaking shall be

obtained from the new employer to the effect that in the event of the concerned

employee leaving their service before he becomes eligible for payment of gratuity

under their rules and joins a private organisation or some other establishment not

covered by the provisions for carry forward of Gratuity, the amount of gratuity

transferred by TATA Communications Limited shall be refunded to the TATA

Communications Employees’ Gratuity Fund Trust. In case the employee is

transferred back to TATA Communications Limited the gratuity shall be refunded

to the Communications Employees’ Gratuity Fund Trust by the transferor

organisation.

10.3. In the case of employees joining TATA Communications Limited after leaving or

resignation from other Public Sector Undertakings with the consent of both the

organisations, the payment of gratuity if made by the gratuity trust of the

transferor organisation under their gratuity trust rules will be accepted by the

TATA Communications Employees’ Gratuity Fund Trust and, in lieu thereof,

their past qualifying service in the previous organisation will count as qualifying

service for the purpose of payment of gratuity under TATA Communications

Employees’ Gratuity Fund Trust Rules.

10.4. In the case of a Central Government Employee who opts for absorption in the

Company, the total gratuity admissible in respect of the service rendered under

the Central Government and that under the Company shall not exceed the amount

that would have been admissible had the Government servant continued in

Government service and retired on the same pay which he drew on retirement


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from the Company.

11. INCOME TAX/DUTY ETC. PAYABLE BY THE EMPLOYEE.

Income tax, super tax and any other tax/duty, if any, payable on the amount of gratuity

shall not be borne by the Fund but shall be deducted from out of the gratuity amount,

payable to an employee in accordance with law.

11.1 Trustees to remain liable to payment of Income-tax.

If for any reason, the fund ceases to be an approved fund according to or under the

Income-tax Rules, in such eventuality, the Trustees of the fund shall nevertheless

remain liable to income-tax payment on any amount of Gratuity paid to an

employee. However, the company may in appropriate cases indemnify the Trustees

to the extent of monetary losses suffered by them due to such Income-tax payments.

12. POWER OF TRUSTEES.

12.1 The Rules shall be interpreted by the Board of Trustees whose decision shall be

final and binding upon the employees of the Company.

12.2 The Board of Trustees shall administer the Fund and income thereof except as

otherwise provided in the Rules for the time being in force.

12.3 The Board of Trustees shall invest the moneys of the Fund which are not required

for the purpose of the Trust in accordance with the provisions of the Income Tax

Act, 1961, and the Rules made thereunder including the amendments.

13. DECLARATION OF TRUSTEES' POWERS

The Board of Trustees may from time to time appoint any officer in the Accounts

Department to be the Secretary of the Fund to sign all correspondence on behalf of the

Fund and exercise all powers and authorities as may be conferred on him by the Board of

Trustees.

14. POWER OF BOARD OF TRUSTEES FOR SALE AND HYPOTHECATION

ETC. OF THE INVESTMENTS.

The Board of Trustees may from time to time, as and when necessary, raise such sum or

sums as may be required for the purpose of the Fund by sale, hypothecation or pledge of

the investments held by them or of a sufficient part thereof.

15. RECEIPT FOR MONEYS RECEIVED BY THE BOARD OF TRUSTEES


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Receipt for moneys received by the Board of Trustees and endorsement on cheques,

drafts and other documents, received by the Board of Trustees shall be made by the

Secretary for and on behalf of the Board of Trustees.

16. MEETINGS

16.1 The Board of Trustees shall meet as often as may be necessary and at such places

and time as may be appointed for the despatch of business of the Fund.

16.2 The Secretary may whenever he thinks fit, and shall, within fifteen days of the

receipt of a requisition in writing from not less than two members of the Board

of Trustees, call a meeting thereof.

17. NOTICE OF MEETING AND LIST OF BUSINESS

For every meeting, notice of not less than seven days containing the date, time and place

together with a list of business to be conducted at the meeting shall be sent to each

Trustee; Provided that when the Secretary, with the approval of the Chairman calls a

meeting for considering any matter which in his opinion is urgent a notice giving such

reasonable time as he may consider necessary, shall be deemed sufficient.

18. CHAIRMAN TO PRESIDE AT MEETINGS

Director (Finance) will be the ex-officio Chairman of the Fund. Any change in the office

of the Chairman will be made by the Company.

19. The Chairman shall preside at every meeting of the Board of Trustees at which he is

present. If the Chairman is absent at any time, the Trustees present shall elect one of

them to preside over the meeting and the Trustees so elected shall exercise all the powers

of the Chairman at the meeting.

20. QUORUM

20.1 Two members including the Chairman of the Board of Trustees shall constitute

the quorum at any meeting of the Board of Trustees.

20.2 If at any meeting the number of Trustees is less than the required quorum, the

meeting will stand adjourned to the same day in the next week at the same time

and place and if at such adjourned meeting a quorum is not present, those

trustees who are present shall form the quorum and transact the business for

which the meeting was called.

21. DISPOSAL OF BUSINESS

21.1 Each Trustee including the Chairman shall have one vote.


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21.2 Every question considered at a meeting of the Board of Trustees shall be decided

by a majority of the votes of the Trustees present and voting. In the event of an

equality of votes, the Chairman shall have a casting vote.

21.3 Any resolution, except as may be placed before the meeting of the Board of

Trustees may be adopted by circulation among all the Trustees and any resolution

so circulated and adopted by a majority of the Trustees who have signed their

approval, shall be as effective and binding as if such resolution had been adopted

at the meeting of the Board of Trustees. However, such circulatory resolution

shall be put up in the next meeting of the Board of Trustees for confirmation.

22. MINUTES OF MEETING

22.1 The Secretary shall maintain the records of the minutes of meetings of the Board

of Trustees.

22.2 The records of minutes of each meeting shall be signed by the Chairman after

confirmation with such modifications, if any as may be considered necessary at

the next meeting.

22.3 The Secretary shall take necessary steps for carrying out the decisions of the

Board of Trustees.

23. The Board of Trustees shall function notwithstanding any vacancy therein and

notwithstanding any defect in the nomination of any of its Trustees or constitution of the

Board of Trustees and no act or proceeding of the Board of Trustees shall be called in

question merely by reasons of the existence of any vacancy therein or any defect in the

nomination of any Trustees or constitution of the Board of Trustees.

24. COST OF ADMINISTERING THE FUND

All expenses relating to the administration of the Gratuity Fund/Trust, of whatever

nature, shall be borne by the Company.

25. DELEGATION OF POWERS, DUTIES ETC. BY THE BOARD OF TRUSTEES

The Board of Trustees may delegate any of their duties, powers rights and discretions to

one or more of themselves as they may from time to time think fit and they may vary

alter, withdraw, modify or cancel such delegations as they, from, time to time, thinks fit.

26. BANK ACCOUNT OF THE FUND

All contributions of the Company shall be deposited by the Board of Trustees every year

into a Bank Account especially created for that purpose and at convenient intervals and as

soon as possible the Board of Trustees shall invest these funds as provided hereinbefore.

All interest accruing on the funds either through Bank or securities or Investments will


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after making any related expenses be caused to be credited by the Board of Trustees at

convenient intervals not less than once every year to the account of the Fund. The said

Bank Account shall be operated upon jointly by two trustees or by one of the trustees and

the Secretary to be nominated by the Board of Trustees.

27. LIABILITY OF THE TRUSTEES

No Trustee shall be responsible for chargeable save and except for moneys actually

received by him and shall be responsible or chargeable for the acts, defaults or neglects of

the Bank with whom the moneys of the Fund are deposited or for any loss, unless the

same happens through his own willful act or omission. All expenses incurred in respect

of, and loss, if any, arising from any investment shall be charged to the Fund.

28. ADMISSION OF DIRECTORS TO THE FUND

The Chairman and the Managing Director and other functional Directors of the Company

shall be admitted to the benefit of the Fund only if they are whole-time bonafide

employees of the Company and do not beneficially own shares in the Company carrying

more than five percent of the total voting powers.

29. ASSIGNMENT OF AND CREATING CHARGES

No employee shall assign or create a charge upon his beneficial interest in the Fund.

30. ACCOUNT AND AUDIT.

(i) The Secretary shall cause the accounts of the Fund to be maintained in such a

manner as the Board of Trustees, may from time to time, decide.

(ii) At the end of each financial year an Income and Expenditure Account together

with a Balance Sheet of the Funds' Assets and liabilities shall be laid before the

Board of Trustees at meeting to be held within nine months of the close of the

financial year.

(iii) Every year the Board of Directors of the Company shall appoint a Chartered

Accountant or a firm of Chartered Accountants as auditor for audit of the Fund

accounts and fix the remuneration which shall be borne by the Company.

(iv) A copy of the said audited accounts shall be furnished to the Company and such

other authorities as may be necessary.

31. ARRANGEMENT OF WINDING UP OF THE COMPANY'S BUSINESS

The winding up of a company may be either (i) by the court or (ii) voluntary or (iii)

subject to supervision of the court. Where the Company's business is to be wound

up or discontinued in accordance with the provisions of The Companies Act, 1956,


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the Board of Trustees shall make satisfactory arrangements for the payment of gratuity to

the existing beneficiaries.

32. ARRANGEMENT OF WINDING UP OF THE FUND

Any arrangement for the winding up of the fund or for its amalgamation with

another fund shall be only in following cases:-

(1) Reconstruction:- Where a voluntary winding up is followed by an actual,

complete, legal sale of all the rights of the company; and

(2) Reconstitution or amalgamation of the company with any other firm.

33. NOMINATION

33.1 Every employee at the time of entry in service on regular basis shall make a

nomination in form ̀ B' conferring on one or more persons of his family the right to

receive the Gratuity in the event of his death while in service, or after quitting

service but, before Gratuity is received by him, indicating the shares payable to

each nominee.

33.2 An employee may in his nomination distribute the amount of gratuity payable to

him amongst more than one nominee.

33.3 If an employee has a family at the time of making a nomination, the nomination

shall be made in favour of one or more members of his family, and any nomination

made by such employee in favour of a person who is not a member of his family

shall be void.

33.4 If at the time of making a nomination the employee has no family, the nomination

may be made in favour of any person or persons but if the employee subsequently

acquires a family, such nomination shall forthwith become invalid and the

employee shall make a fresh nomination in favour of one or more members of his

family in Form C.

33.5 A nomination may subject to Sub-Clauses (33.3) and (33.4) be modified by an

employee at any time, after giving to the Secretary a written notice in Form D of

his intention to do so.

33.6 If a nominee predeceases the employee, the interest of the nominee shall revert to

the employee who shall make a fresh nomination in respect of such interest.

33.7 Every nomination, fresh nomination or modification of nomination as the case may

be, shall be sent by the employee to the Secretary, who shall keep the same in safe

custody.


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33.8 A nomination, fresh nomination or its modification, shall take effect to the extent it

is valid on the date on which it is received by the Secretary.

33.9 In the event of there being no nomination, the gratuity on death shall be paid in the

manner indicated below.

(a) If there are one or more surviving members of the family as in (i) to (iv)

below, it may be paid to all such members other than any such member

who is a widowed daughter, in equal shares.

(b) If there are no such surviving members of the family, but there are one or

more surviving widowed daughters and or one or more surviving members

of the family as in (v) to (ix) below, the gratuity may be paid to all such

members in equal shares.

Family for the purpose of this Rule shall include the following :-

(i) Wife in the case of a male employee.

(ii) Husband in the case of female employee.

(iii) Sons ] including step

] Children and

(iv) Unmarried and widowed daughters] adopted Children.

(iv) Brothers below the age of 18 years ]including step

and unmarried and widowed sisters ]brothers and step sisters.

(vi) Father

(vii) Mother

(viii) Married daughters

(ix) Children of a pre-deceased son.

Explanation

For the purpose of this clause, Family in relation to an employee shall be deemed to consist of :

(i) In the case of a male employee, himself, his wife, his children, whether married or

unmarried, his dependent parents and the widow and children of his predeceased son, if

any.

(ii) In the case of a female employee, herself, her husband, her children whether married or

unmarried her dependent parents and the dependent parents of her husband and the widow


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and children of her predeceased son, if any; provided that if a female employee, by a

notice in writing to the Secretary, expresses her desire to exclude her husband from her

family, the husband and his dependent parents shall no longer be deemed to be included in

the family of such female employee.

Explanation II

Where the personal law of an employee permits the adoption by him of a child any child lawfully

adopted by him shall be deemed to be included in his family, and where a child of an employee

has been adopted by another person and such adoption is under the personal law of the person

making such adoption lawful, such child shall be deemed to be excluded from the family of the

employee.

34. PAYMENT OF GRATUITY.

34.1. An employee who is eligible for payment of gratuity or any person, authorised in

writing to act on his behalf shall apply in form E to the Secretary within thirty days

from the date the gratuity becomes payable.

34.2. Provided that where the date of superannuation or retirement of an employee is

known, the employee may apply to the Secretary before thirty days of the date of

superannuation or retirement.

34.3. A nominee of an employee who is eligible for payment of gratuity under Rule 9 of

the Rules shall apply in Form F to the Secretary within thirty days from the date the

gratuity becomes payable to him.

Provided that an application on plain paper with relevant particulars shall also be

accepted. The Secretary may obtain such other particulars as may be deemed

necessary by him.

34.4. A legal heir of an employee who is eligible for payment of gratuity under Rule 9 of

the Rules shall apply in Form G to the Secretary within one year from the date the

gratuity becomes payable to him. Where gratuity becomes payable before the

commencement of this Rule, the periods of limitation specified hereinabove shall

be deemed to be operative from the date of such commencement.

35. While forwarding belated gratuity payment claims for authorisation, the following

certificate should be recorded by the concerned Branches/Office to avoid any delay :

"Certified that Shri ..................................................................

................................................. (designation and office)

Shri ............................................................. (Nominee/legal heir of Shri

............................................................. (ex.................... designation) has submitted

to his Branch/Office application for payment of Gratuity. Delay in submitting the

claim is on account of ........................ ........................ (reasons given by the

applicant to be indicated here)."


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Certified that except this claim no previous claim for gratuity has been forwarded to the Secretary,

VSNL Employees Gratuity Fund and that no authorisation for payment of gratuity has been applied

to or obtained from the Gratuity Fund till date in this case. Also certified that submission of this

case has the prior approval of the General Manager/Head of the Branch.

36. MODE OF PAYMENT OF GRATUITY

The gratuity payable shall be paid in cash or by crossed cheque or demand draft to

the eligible employee, nominee or legal heir, as the case may be in lump sum.

Provided that in case the eligible employee, nominee or legal heir, as the case may be,

so desires, and the amount of gratuity payable is less than one thousand rupees,

payment may be made by postal money order after deducting the postal money order

commission thereof from the amount payable.

37. A register shall be kept by the Secretary in which shall be entered the names and addresses

of persons who received gratuity out of the Fund together with the amount paid to each of

them.

38. Every employee when joining the Fund shall subscribe an Agreement as in Form A.

39. AMENDMENTS OF RULES

No alteration in the Rules, constitution, objects or conditions of the Fund shall be made

without the prior approval of the Commissioner.

40. If there is any repugnance between the Rules of the Fund and any provision of the Income

Tax Act,1961 and the Rules made thereunder, or any other law for the time being in force,

Rules to the extent of such repugnancy shall be ineffective.

41. DATE OF EFFECT

The fund shall be deemed to have taken effect from the first day of March 1988, and the

provisions of these Rules shall apply to all eligible employees of the Company from

1st April,1986.

42. ACTURIAL RENEWAL DATE

The Actuarial Renewal Date shall be 31st of March every year.

43. INITIAL CONTRIBUTIONS

The initial contributions to be made by the Company to the Fund shall be the accumulated

gratuity liability of the Company as on March 31,1987 in respect of past services of the

employees admitted to the benefits of the Fund. This liability so evaluated by a qualified

actuary who shall certify that the liability so evaluated shall not exceed the limit prescribed

in Rule 104 of the Income-Tax Rules,1962 viz., 8-1/3 percent of the employees'

emoluments for each year of his past service with the Company.


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44. ORDINARY ANNUAL CONTRIBUTION

The ordinary annual contribution shall be an amount of gratuity liability in respect of

employees for the year determined by a qualified actuary who shall certify that the amount

determined by him shall not exceed the limits specified under Rule 103 of the Income-Tax

Rules, 1962 viz., 8-1/3 percent of the emoluments of each employee during that year.


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FORM A

(See Rule 38 of Rules)

Form of Agreement

I ............................................................ hereby declare that I have read/ read to me

the Rules and Regulations of the TATA Communications Employees’ Gratuity Fund Trust and

that I agree to be bound by them and by subsequent additions and/or alterations, if any, to them

from time to time made in pursuance of the Rules and Regulations of the Fund.

Signature ..................

Designation & Office

1. Name .................................................................................................

(Surname) (First name) (Middle name)

2. Designation and staff No. if any : ...............................

3. Sex : ...........................

4. Date of Birth .................

5. Religion .......................

6. Father's/Guardian's name .......................................................................

7. Marital status ......................................................................................

8. Husband's/Wife's name .........................................................................

9. Identification mark ...............................................................................

10. Branch/Office in which working ...............................................................

11. Date of appointment .........................

12. Permanent Address

..............................................................................................

..........................................................................................................

..........................................................................................................


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13. Present Address

..............................................................................................

..........................................................................................................

........................................................................................................

Tel No.

Place ...................... Signature/

Thumb impression of the employee

Date .......................

_________________________________________________________________

(For Office use only)

Certified that the above declaration has been executed by Shri ..................

............................................................ employed as ...................................

................................................ at ......................................... before me after he had read Rules and

Regulations of the Fund.

Place ....................

Date ..................... Signature of the

Controlling Officer.


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FORM B

(See Rule No.33(1) of the Rules)

Nomination

To,

The Secretary,

Board of Trustees,

TATA Communications Employees’ Gratuity Fund Trust

Mumbai – 400 098.

Sir,

I, Shri/Shrimati/Kumari ................................................................. whose particulars are

given in the statement below, hereby nominate the person(s) mentioned below to receive the

gratuity payable after my death as also the gratuity standing to my credit in the event of my death

before the amount has become payable, or having become payable has not been paid and direct

that the said amount of gratuity shall be paid in proportion indicated against the name(s) of the

nominee(s).

2. I hereby certify that the person(s) mentioned is/are a member(s) of my family

within the meaning of Explanation 1 to Rules 33 of the Rules and Regulations.

3. I hereby declare that I have no family within the meaning of Explanation 1 to Rule

33 of the Rules and Regulations.

4. (a) My father/mother/parents is/are not dependent on me.

(b) My husband's father/mother/parents is/are not dependent on my husband.

5. I have excluded my husband from the family by a notice dated the ............... to the

Secretary in terms of proviso to Explanation 1 (ii) to Rule 33 of the Rules and Regulations.

6. Nomination made herein invalidates my previous nomination.

Nominee(s)

Name in full with Relationship Age of Proportion by

full address of with the nominee which the gratuity

nominee(s) employee will be shared

1 2 3 4

1.

2.

3.

4.

so on.

Statement


19

1. Name of employee in full

2. Sex

3. Religion

4. Whether unmarried/married/widow/widower

5. Department/Branch/Section where employed

6. Post held with Ticket or, Serial No. if any

7. Date of appointed

8. Permanent address:

Village.. Thane.. Sub-division..

Post Office.. District.. State..

Place : .......................

Date : ....................... Signature/Thumb impression

of the Employee.

Declaration of Witnesses

Nomination signed/thumb-impressed before me.

Name and address in full of Signature of witnesses

1. 1.

2. 2.

Place : ......................

Date : ......................


20

Certificate by the Controlling Officer

Certified that the particulars of the above nomination have been verified.

Date : .....................

Place : ..................... Signature of the Controlling Officer

-------------------------------------------------------------------------------------------------------------------

Acknowledgement by the Secretary

The above nomination has been recorded.

Date : ...................

Place : ................... Signature of the Secretary

(1) Strike out the Words and/or Paragraphs not applicable.

(2) Secretary will send the duplicate copy of this form duly acknowledged to the

employee.

.......


21

FORM C

(See Rule 33(4) of the Rules)

Fresh Nomination

To,

The Secretary,

Board of Trustees,


Mumbai – 400 098

Sir,

I, Shri/Shrimati/Kumari ...................................................... Staff No. &

Designation ................................... of (name of Unit) ................................. have acquired a

family within the meaning of Explanation 1 to Rule 33 of the Rules and Regulations of the

TATA Communications Employees’ Gratuity Fund Trust with effect from the

................................. in the manner indicated below and therefore nominate afresh the person (s)

mentioned below to receive the gratuity payable after my death as also the gratuity standing to my

credit in the event of my death before that amount has become payable or having become payable

has not been paid and direct that the said amount of gratuity shall be paid in proportion indicated

against the name(s) of the nominee(s).

2. I hereby certify that the person(s) nominated is/are member(s) of my family within

the meaning of Rules and Regulations.

3. (a) My father/mother/parents is/are not dependant on me.

(b) My husband's father/mother/parents is/are not dependent on my husband.

4. I have excluded my husband from my family by a notice dated ............ to the

Secretary, Board of Trustees in terms of Explanation 1 to Rule 33 of the Rules and Regulations.

Nominee (s)

Name in full Relationship Age of Proportion by

full address of with the nominee which the gratuity

nominee(s) employee will be shared

1 2 3 4

1.

2.

3.

4.

Place : .......................

Date : ....................... Signature and Thumb impression

of the Employee.


22


Fresh nomination signed/thumb Signature of Witnesses

impressed before me.

Name in full and addresses of Witnesses Signature of witnesses

1. 1.

2. 2.

Place : ......................

Date : ......................


23


Certified that the particulars of the above nomination have been verified.

Date : .....................

Place : ..................... Signature of the Controlling Officer

-------------------------------------------------------------------------------------------------------------------

Acknowledgement by the Secretary

Date : ...................

Place : ................... Signature of the Secretary

(1) Strike out the words and paragraphs not applicable.


employee.

.......


24

FORM D


Modification of Nomination

To,

The Secretary,

Board of Trustees,


Mumbai – 400 098

Sir,

I, Shri/Shrimati/Kumari ............................................... Staff No. & Designation

.......................... of .......................... (Name of the Unit) hereby give notice that the nomination

filed by me on ............. and recorded under your reference ........................................................

dated .................. shall stand modified in the following.

(Here give details of the modification intended)

Place : ....................... Signature/Thumb impression

of the employee.

Date : .......................

-----------------------------------------------------------------------------------------------------------------


Modification of nomination signed/thumb impressed before me.

Name in full and addresses of Witnesses Signature of witnesses

1. 1.

2. 2.

Place : ......................

Date : ......................


25


Certified that the modifications mentioned above have been verified.

Certificate by the Secretary

Certified that the above modifications have been recorded.

Date : .....................

Place : ..................... Signature of the Secretary

-------------------------------------------------------------------------------------------------------------------

(1) Strike out the words not applicable.


employee.

.......


26

FORM E


Application for Gratuity by an Employee

To,

The Secretary,

Board of Trustees,


Mumbai – 400 098.

Sir,

I hereby apply for payment of gratuity to which I am entitled under rule 9 of the

Rules and Regulations of the TATA Communications Employees’ Gratuity Fund Trust on

account of my superannuation/retirement/resignation after completion of not less than five years

of continuous service/total disablement due to accident/total disablement due to disease with

effect from ................. Necessary particulars relating to my appointment in the Company are

given in the statement below :

(1) Name in full :

(2) Address in full :

(3) Department/Branch/Section where last employed :

(4) Post held with staff No.:

(5) Date of appointment :

(6) Date and cause of termination of service :

(7) Total period of service :

(8) Amount of wages last drawn :

(9) Amount of gratuity claimed :

(10) House Building advance liability towards :

(a) Principal of advance :

(b) Interest on advance :

2. I was rendered totally disabled as a result of (here give the details of the nature of

disease or accident).

----------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------


27

The evidence/witnesses in support of my total disablement are as follows : (here

give details)

3. Payment may please be made in cash/open or crossed bank cheque/Demand Draft.

4. As the amount of gratuity payable is less than Rs.1,000/- (Rupees One Thousand

only), I shall request you to arrange for payment of the sum due to me by Postal Money Order at

the address mentioned above after deducting postal money order commission therefrom.

Yours faithfully,

Place : ................

Signature/Thumb impression of the employee.

Date : ................

Note : Strike out the words or paragraphs not applicable.

..........


28

FORM F


Application for Gratuity by a Nominee

To,

The Secretary,

Board of Trustees,


Mumbai – 400 098.

Sir,

I hereby apply for payment of gratuity to which I am entitled under rule 9 of the

Rules and Regulations of the TATA Communications Employees’ Gratuity Fund Trust as

nominee of late Shri/Shrimati/Kumari .................................................................. who was an

employee of TATA Communications Limited and died on the ..................... The gratuity is

payable on account of the death of the aforesaid employee while in service/superannuation of the

aforesaid employee on ....................... /retirement or resignation of the aforesaid employee on

...................... after completion of ........ years of service/total disablement of the aforesaid

employee due to accident or diseases while in service with effect from ............... Necessary

particulars relating to my claim are given in the statement below :

(1) Name of applicant Nominee :

(2) Address in full of the applicant Nominee :

(3) Marital status of the applicant nominee :

(unmarried/married/widow/widower)

(4) Reference No. of recorded nomination available :

(5) Name in full of the employee :

(6) Department/Branch/Section where last employed :

(7) Post last held with staff No. :

(8) Date of appointment of the employee :

(9) Date and cause of termination of service

of the employee :

(10) Date of death and evidence/witness as proof as

death of the employee :

(11) Total period of service of the employee :

(12) Amount of wages last drawn by the employee :


29

(13) Total gratuity payable to the employee :

(14) Share of gratuity claimed :

(15) House Building Advance Liability towards


(b) Interest due on advance :

2. I declare that the particulars mentioned in the above statement are true and correct

to the best of my knowledge and belief.


4. As the amount payable is less than Rs.1,000/- (Rupees One Thousand only), I

shall request you to arrange for payment of the sum due to me by Postal Money Order at the

address mentioned above after deducting postal money order commission therefrom.

Yours faithfully,

Place : ................

Signature/Thumb impression of

Date : ................ applicant's nominee

Note : Strike out the words and/or paragraphs not applicable.

..........


30

FORM G


Application for Gratuity by a Legal Heir

To,

The Secretary,

Board of Trustees,

V.S.N.Ltd.Employees'

Gratuity Fund,

....................

Sir,

I hereby apply for payment of gratuity to which I am entitled under rule 9 of Rules

and Regulations of the Videsh Sanchar Nigam Employees' Gratuity Fund as a legal heir of late

Shri/Shrimati/Kumari .................................................................. who was an employee of Videsh

Sanchar Nigam Limited and died on the ..................... without making any nomination. The

gratuity is payable on account of the death of aforesaid employee while in

service/superannuation of the aforesaid employee on the ....................... retirement or resignation

of the aforesaid employee on the ...................... after completion of ........ years of service/total

disablement of the aforesaid employee due to accident or disease while in service with effect

from the ............... Necessary particulars relating to my claim are given in the statement below :

(1) Name of applicant legal heir :

(2) Address in full of applicant legal heir :

(3) Marital status of the applicant legal heir :

(unmarried/married/widow/widower)

(4) Name in full of the employee :

(5) Relationship of the applicant with the employee :

(6) Department/Branch/Section where the

Employee last worked :

(7) Post last held by the employee with staff No. :

(8) Date of appointment of the employee :

(9) Date and cause of termination of service :

(10) Date of death of the employee and evidence/

witness in support thereof :

(11) Total period of service of the employee :


31

(12) Amount of wages last drawn by the employee :

(13) Total gratuity payable to the employee :

(14) Percentage of the gratuity claimed :

(15) Basis of the claim and evidence/witness in

support thereof. :

(16) House Building Advance Liability towards


(b) Interest due on advance :

2. I declare that the particulars mentioned in the above statement are true and correct

to the best of my knowledge and belief.


4. As the amount payable is less than Rs.1,000/- (Rupees One Thousand only), I

shall request you to arrange for payment of the sum due to me by Postal Money Order at the

address mentioned above after deducting postal money order commission therefrom.

Yours faithfully,

Place : ................

Signature/Thumb impression of

Date : ................ applicant's nominee

_____________________________________________________________________________

Note : Strike out the words and/or paragraphs not applicable.

..........


32

Instructions on Gratuity Claims

1. The following documents should invariably accompany for gratuity authorisation :

1.1 Copy of office order indicating the occasion and date of relieving/striking off the

name of the employee - One copy only.

1.2 Application for gratuity by the employee or his/her legal heir/nominee in Form E

or F or G, as the case may be - one copy only.

1.3 Statement of service in Form R-1 - One copy only.

1.4 Gratuity calculation sheet (Form R-2) - 2 copies.

1.5 A copy of the Nomination form. where applicable.

2. As the gratuity payment is authorised by Gratuity Fund on the basis of information

furnished in Forms R-1 and R-2, it is of utmost importance that the basic information

about commencement and cessation of service, salary, HBA liability, vehicle loan to be

set off against gratuity etc. is correctly shown by the concerned division/unit etc. and no

duplicate claim is submitted.

3. After the gratuity amount authorised by the Gratuity Fund has been paid to the ex-

employee/nominee(s) or legal heir(s), a consolidated statement for the month in Form R-3

should be submitted in duplicate to the Secretary, Gratuity Fund to enable reimbursement

to the concerned division etc. Here it may be ensured that names, staff Nos., authority

number and date etc. are shown correctly so as to facilitate reimbursement.

4. Further, a consolidated statement in Form R-4 showing the particulars of gratuity

payments authorised upto the end of financial year, but not paid or partially paid during

that year should also be sent so as to reach the Secretary, Gratuity Fund by the 30th April

each year for the purpose of reconciliation and creation of liability.

.......


33

FORM R-1

VIDESH SANCHAR NIGAM LIMITED

.................................... HQ/Branch

STATEMENT OF SERVICE

1. Name :

2. Staff No. :

3. Designation :

4. Department :

5. Date of joining : F.N./A.N.

6. Date of leaving VSNL : F.N./A.N.

7. *Service as apprentice/ : From ............... to .................

trainee etc. .......... years ........ months ...... days ........

8. Service in regular : From ............... to .................

establishment ........ years .......... months ....... days ........

9. Total qualifying service

(excluding the non- : From ............... to .................

qualifying *period of years ............... months ........... days

apprenticeship/training

at Sl.7)

Certified that the employee was not deputationist/foreign assignment during the

period of service.

OR

Certified that the total qualifying service shown at Sl.9 includes the period of

deputation/foreign assignment from ................ to ................ for which foreign service

contributions were recovered at the prescribed rates togetherwith interest if any due and credited

to the company account.

Signature :

Designation :

-------------------------------------------------------------------------------------------------------------------

Sl.9 *However service as Trainee Officer in regular scales of pay and service rendered as

trainee/apprentice by employees during the course of their regular employment in VSNL

qualifies for grant of gratuity.


34

FORM R -2


DIVISION

GRATUITY CALCULATION STATEMENT

(To be submitted in duplicate to Gratuity Trust)

Calculation of Gratuity payable to Shri .............................................................. Staff No.

........................ Designation ....................................................... Department ...................... as per

particulars given below :

1. Date of appointment : F.N./A.N.

2. Date of leaving VSNL on

superannuation/resignation/

death/termination of service : F.N./A.N.

3. Period of continuous service : ....... yrs ....... months ......... days

4. No. of completed years for

entitlement of Gratuity : ........................ years.

5. Last emoluments drawn : Pay @ Rs.............. + D.A.@ Rs............... =

Rs..............

6. Amount of balance of HBA : Principal Rs.................

plus interest due thereon Interest Rs.................

to be adjusted out of .......................

gratuity amount payable

6.A. Vehicle loan Rs................

Total : Rs................

=========

7. (A) Payment of Gratuity under : @ 15 days' emoluments for each

Rule 9 (ii) of Gratuity Rules completed year of service.

Gratuity : Emoluments x 15/26 x No. of years of

service = Rs. ..................

(B) Payment of Gratuity in case of death under Rule 9 (ii)(b) of Gratuity Rules :

i) Total last emoluments drawn : Rs. .....................

x No. of months (vide Rule

9(ii)(b).


35

ii) Amount of Gratuity : Rs. ......................

Amount of Gratuity admissible

(vide 7(A) or 7(B), whichever is more) : Rs. ......................

Less amount of HBA + interest to be

adjusted (vide 6 above) : Rs. .......................

Net amount of gratuity payable : Rs. ......................

...................


36

VIDESH SANCHAR NIGAM EMPLOYEES' GRATUITY FUND

No.: dated the 199

Payment of Rs._____________________________________________________________

_____________________________________________________________________________

only authorised. In case of payment under 7 (B) above Rs.______________ to be borne by the

Gratuity fund and the balance Rs._________________ to be borne by VSNL (Debitable Account

Code MG.7.213.05-Gratuity Fund).

Secretary

VSNL Employees' Gratuity Fund


37

FORM R-3

VIDESH SANCHAR NIGAM LIMITED EMPLOYEES' GRATUITY FUND

___________________________ Branch

Statement of Gratuity Payment made during the month of ______________ 199___.

Name of

employee

Staff No.

& Desig-

nation

Amount

authorised

Rs.

Amount

paid

Rs.

To whom

paid

Authority

No.& Date

Remarks

_____________________

Total amount to be :

reimbursed * _____________________

* Reimbursement cheque to be issued in favour of ___________________

Signature ___________________

Designation ___________________


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FORM R-4

VIDESH SANCHAR NIGAM EMPLOYEES' GRATUITY FUND

_____________________________ Branch.

Statement showing gratuity authorised upto end of March 199 but not paid/partially

paid upto to 31st March,199 .

Name

Staff No. &

Designation

Amount

authorised

Authority

No. &

Date

Remarks (indicating date of

subsequent payment in the

intervening period of

reasons for non-payment/

partial payment)

Signature :

Designation :



EMPLOYEES' GRATUITY FUND

RULES & REGULATIONS

Gratuity Trust Rules

Documents

Transcript of Gratuity Trust Rules