TATA COMMUNICATIONS GRATUITY RULES

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) (b) "Board of Trustees" means the Board consisting of all Trustees of the Fund. "Beneficiary" means an employee entitled to gratuity in accordance with the provisions of these Rules. "Commissioner" means Commissioner of Income Tax. "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) (ii) (iii) (iv) (v) (e) Casual and non-regular employees. Government servants and others employed on deputation terms. Employees on contract basis. Apprentices and trainees. Re-employed persons.

(c) (d)

Employer means the Chief Executive Officer of TATA Communications Limited, or any other officer so appointed or nominated by him in this behalf. "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. "The Company" means TATA Communications Limited. "The Fund" means TATA Communications Employees' Gratuity Fund Trust. "Rules" means the Rules and Regulations of the Gratuity Fund as contained in this Schedule. "Secretary" means the Secretary of the Board of Trustees. 1

(f)

(g) (h) (i)

(j)

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(k)

"Trustees" means the Trustees of the Fund and "Trust" means the irrevocable Trust under which the Fund is established. "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. Words in the singular number shall include the plural and words in the masculine gender shall include the feminine. 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.

(l)

(m)

(n)

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. 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. The company shall be the contributor to the Fund. 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. An outgoing trustee shall be eligible for re-nomination.

3.

4. 5.

6.2.

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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) (b) (c) (d) (e) (f) (g) On his death; or On his resignation duly accepted by the Board of Trustees or On his becoming insolvent, insane or incapacitated; or If he is convicted of an offence involving moral turpitude; or If he permanently leaves India; or On his ceasing to be a Director if he is a Director of the Company; or 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. 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) (b) (c) (d) (e) Discharge on abolition of post. Permanent incapacity due to bodily or mental infirmity. on death or disablement due to accident or disease Superannuation. Resignation/Retirement after five years qualifying service.

9.

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.

TATA COMMUNICATIONS GRATUITY RULES

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). 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. 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 year of service. Death after one year but before five years' service. Death after completion of five years' service but before twenty years' service. 4 Two months salary.

(ii)

(iii)

(b)

Six months' salary.

(c)

Twelve months salary.

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(d)

Death after completion of qualifying service of twenty years and more

Half-a-month's salary for each completed half 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 26

(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; 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 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. 5

(b)

(ii)

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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. 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.

10.3.

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 6

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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. The Board of Trustees shall administer the Fund and income thereof except as otherwise provided in the Rules for the time being in force. 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.

12.2

12.3

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 7

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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. 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.

16.2

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. 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. 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.

20.

20.2

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. 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. The Secretary shall take necessary steps for carrying out the decisions of the Board of Trustees.

22.2

22.3

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. 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.

24.

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 9

TATA COMMUNICATIONS GRATUITY RULES

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. 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. A copy of the said audited accounts shall be furnished to the Company and such other authorities as may be necessary.

(iii)

(iv)

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, 10

TATA COMMUNICATIONS GRATUITY RULES

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 Reconstitution or amalgamation of the company with any other firm.

(2) 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. An employee may in his nomination distribute the amount of gratuity payable to him amongst more than one nominee. 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. 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. 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. 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. 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. 11

33.2

33.3

33.4

33.5

33.6

33.7

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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. 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.

(b)

Family for the purpose of this Rule shall include the following :(i) (ii) (iii) (iv) (iv) Wife in the case of a male employee. Husband in the case of female employee. ] including step ] Children and Unmarried and widowed daughters] adopted Children. Brothers below the age of 18 years ]including step and unmarried and widowed sisters ]brothers and step sisters. Father Mother Married daughters Children of a pre-deceased son. Sons

(vi) (vii) (viii) (ix) 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. 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 12

(ii)

TATA COMMUNICATIONS GRATUITY RULES

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. 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. 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. 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.

34.2.

34.3.

34.4.

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)."

13

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

38. 39.

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. 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.

41.

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. 14

TATA COMMUNICATIONS GRATUITY RULES

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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TATA COMMUNICATIONS GRATUITY RULES

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) Designation and staff No. if any : ............................... Sex : ........................... Date of Birth ................. Religion ....................... Father's/Guardian's name ....................................................................... Marital status ...................................................................................... Husband's/Wife's name ......................................................................... Identification mark ...............................................................................

(Middle name)

2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

Branch/Office in which working ............................................................... Date of appointment ......................... Permanent Address .............................................................................................. .......................................................................................................... .......................................................................................................... 16

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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) (b) My father/mother/parents is/are not dependent on me. 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 full address of nominee(s) 1 1. 2. 3. 4. so on. Relationship with the employee 2 Age of nominee 3 Proportion by which the gratuity will be shared 4

Statement 18

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1. 2. 3. 4. 5. 6. 7. 8.

Name of employee in full Sex Religion Whether unmarried/married/widow/widower Department/Branch/Section where employed Post held with Ticket or, Serial No. if any Date of appointed Permanent address: Village.. Post Office.. Thane.. District.. Sub-division.. State..

Place : ....................... Date : .......................

Signature/Thumb impression of the Employee.

Declaration of Witnesses Nomination signed/thumb-impressed before me. Name and address in full of 1. 2. Signature of witnesses 1. 2.

Place : ...................... Date : ......................

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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) (2)

Strike out the Words and/or Paragraphs not applicable. Secretary will send the duplicate copy of this form duly acknowledged to the employee.

.......

20

TATA COMMUNICATIONS GRATUITY RULES

FORM C (See Rule 33(4) of the Rules) Fresh Nomination To, The Secretary, Board of Trustees, TATA Communications Employees Gratuity Fund Trust 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) (b) My father/mother/parents is/are not dependant on me. 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.

21

TATA COMMUNICATIONS GRATUITY RULES

Declaration of Witnesses Fresh nomination signed/thumb impressed before me. Signature of Witnesses

Name in full and addresses of Witnesses 1. 2.

Signature of witnesses 1. 2.

Place : ...................... Date : ......................

22

TATA COMMUNICATIONS GRATUITY RULES

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

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

(1) (2)

Strike out the words and paragraphs not applicable. Secretary will send the duplicate copy of this form duly acknowledged to the employee.

.......

23

TATA COMMUNICATIONS GRATUITY RULES

FORM D (See Rule 33(5) of the Rules) Modification of Nomination To, The Secretary, Board of Trustees, TATA Communications Employees Gratuity Fund Trust 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 : ....................... Date : .......................

Signature/Thumb impression of the employee.

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

Declaration of Witnesses Modification of nomination signed/thumb impressed before me.

Name in full and addresses of Witnesses 1. 2.

Signature of witnesses 1. 2.

Place : ...................... Date : ......................

24

TATA COMMUNICATIONS GRATUITY RULES

Certificate by the Controlling Officer 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) (2) Strike out the words not applicable. Secretary will send the duplicate copy of this form duly acknowledged to the employee.

.......

25

TATA COMMUNICATIONS GRATUITY RULES

FORM E (See Rule 34(1) of the Rules) Application for Gratuity by an Employee To, The Secretary, Board of Trustees, TATA Communications Employees Gratuity Fund Trust 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) (2) (3) (4) (5) (6) (7) (8) (9) (10) Name in full Address in full: Department/Branch/Section where last employed : Post held with staff No.: Date of appointment : :

Date and cause of termination of service : Total period of service : Amount of wages last drawn : Amount of gratuity claimed : House Building advance liability towards : (a) (b) Principal of advance : Interest on advance :

2. I was rendered totally disabled as a result of (here give the details of the nature of disease or accident). ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------26

TATA COMMUNICATIONS GRATUITY RULES

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. ..........

27

TATA COMMUNICATIONS GRATUITY RULES

FORM F (See Rule 34(3) of the Rules) Application for Gratuity by a Nominee To, The Secretary, Board of Trustees, TATA Communications Employees Gratuity Fund Trust 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) (2) (3) Name of applicant Nominee Address in full of the applicant Nominee Marital status of the applicant nominee (unmarried/married/widow/widower) Reference No. of recorded nomination available Name in full of the employee : : : : :

(4) (5) (6) (7) (8) (9)

Department/Branch/Section where last employed Post last held with staff No. Date of appointment of the employee Date and cause of termination of service of the employee Date of death and evidence/witness as proof as death of the employee : Total period of service of the employee Amount of wages last drawn by the employee 28 :

(10)

(11) (12)

: :

TATA COMMUNICATIONS GRATUITY RULES

(13) (14) (15)

Total gratuity payable to the employee Share of gratuity claimed House Building Advance Liability towards (a) Principal of advance : (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. 3. Payment may please be made in cash/open or crossed bank cheque/Demand Draft.

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 : ................ Date : ................ Signature/Thumb impression of applicant's nominee

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

29

TATA COMMUNICATIONS GRATUITY RULES

FORM G (See Rule 34(4) of the Rules) 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) (2) (3) Name of applicant legal heir Address in full of applicant legal heir Marital status of the applicant legal heir (unmarried/married/widow/widower) Name in full of the employee : : : : :

(4) (5) (6)

Relationship of the applicant with the employee Department/Branch/Section where the Employee last worked

(7) (8) (9) (10)

Post last held by the employee with staff No. : Date of appointment of the employee Date and cause of termination of service Date of death of the employee and evidence/ witness in support thereof Total period of service of the employee 30 : :

: :

(11)

TATA COMMUNICATIONS GRATUITY RULES

(12) (13) (14) (15)

Amount of wages last drawn by the employee Total gratuity payable to the employee Percentage of the gratuity claimed Basis of the claim and evidence/witness in support thereof. House Building Advance Liability towards (a) Principal of advance : (b) Interest due on advance :

: : :

(16)

2. I declare that the particulars mentioned in the above statement are true and correct to the best of my knowledge and belief. 3. Payment may please be made in cash/open or crossed bank cheque/Demand Draft.

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 : ................ Date : ................ Signature/Thumb impression of applicant's nominee

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

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TATA COMMUNICATIONS GRATUITY RULES

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. 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. Statement of service in Form R-1 - One copy only. Gratuity calculation sheet (Form R-2) - 2 copies. A copy of the Nomination form. where applicable.

1.2

1.3 1.4 1.5 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. After the gratuity amount authorised by the Gratuity Fund has been paid to the exemployee/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. 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.

3.

4.

.......

32

TATA COMMUNICATIONS GRATUITY RULES

FORM R-1 VIDESH SANCHAR NIGAM LIMITED .................................... HQ/Branch STATEMENT OF SERVICE 1. 2. 3. 4. 5. 6. 7. Name Staff No. Designation Department Date of joining Date of leaving VSNL: *Service as apprentice/ trainee etc. Service in regular establishment Total qualifying service (excluding the nonqualifying *period of apprenticeship/training at Sl.7) : : : : : F.N./A.N.

F.N./A.N. : From ............... to ................. .......... years ........ months ...... days ........ From ............... to ................. ........ years .......... months ....... days ........

8.

9.

: From ............... to ................. years ............... months ........... days

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. 33

TATA COMMUNICATIONS GRATUITY RULES

FORM R -2 VIDESH SANCHAR NIGAM LIMITED 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. 2. Date of appointment Date of leaving VSNL on superannuation/resignation/ death/termination of service Period of continuous service : No. of completed years for entitlement of Gratuity Last emoluments drawn : F.N./A.N.

F.N./A.N.

3. 4.

....... yrs ....... months ......... days

: :

........................ years. Pay @ Rs.............. + D.A.@ Rs............... = Rs..............

5.

6.

Amount of balance of HBA : plus interest due thereon to be adjusted out of gratuity amount payable Vehicle loan

Principal Rs................. Interest Rs................. .......................

6.A.

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

7. (A) Payment of Gratuity under Rule 9 (ii) of Gratuity Rules Gratuity

: @ 15 days' emoluments for each completed year of service. : 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 : x No. of months (vide Rule 9(ii)(b). 34 Rs. .....................

TATA COMMUNICATIONS GRATUITY RULES

ii)

Amount of Gratuity

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

Amount of Gratuity admissible (vide 7(A) or 7(B), whichever is more) Less amount of HBA + interest to be adjusted (vide 6 above) Net amount of gratuity payable

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

: :

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

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

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TATA COMMUNICATIONS GRATUITY RULES

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

36

TATA COMMUNICATIONS GRATUITY RULES

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. & Designation Amount authorised Rs. Amount paid Rs. To whom paid Authority Remarks No.& Date

_____________________ Total amount to be : reimbursed * _____________________ * Reimbursement cheque to be issued in favour of ___________________ Signature ___________________

Designation ___________________

37

TATA COMMUNICATIONS GRATUITY RULES

FORM R-4 VIDESH SANCHAR NIGAM EMPLOYEES' GRATUITY FUND _____________________________ Branch.

Statement showing gratuity authorised upto end of March 199 paid upto to 31st March,199 . Name Staff No. & Designation Amount authorised Authority No. & Date

but not paid/partially

Remarks (indicating date of subsequent payment in the intervening period of reasons for non-payment/ partial payment)

Signature Designation

: :

38

TATA COMMUNICATIONS GRATUITY RULES

VIDESH SANCHAR NIGAM LIMITED EMPLOYEES' GRATUITY FUND

RULES & REGULATIONS

TATA COMMUNICATIONS GRATUITY RULES