Benefits of the Death Case
Payment of Gratuity Act
Section 4: Payment of gratuity
(1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years:
(a) on his superannuation, or
(b) on his retirement or resignation, or
(c) on his death or disablement due to accident or disease:
Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement:
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, and where any such nominee or heir is a minor, the share of such minor shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.
Employees Deposit Linked Insurance Scheme
Section 22: Scales of assurance benefits and the minimum average balance to be maintained by an employee.
On the death of an employee, who is a member of the Fund or of a provident fund exempted under Section 17 of the Act, as the case may be, the persons entitled to receive the provident fund accumulations of the deceased shall, in addition to such accumulations, be paid an amount equal to the average balance in the account of the deceased in the Fund or of a Provident Fund exempted under Section 17 of the Act, as the case may be, during the preceding twelve months or during the period of his membership, whichever is less. Except where the average balance exceeds rupees thirty-five thousand, the amount payable shall be rupees thirty-five thousand plus 25 percent of the amount in excess of rupees thirty-five thousand subject to a ceiling of rupees sixty thousand.
Employees Pension Scheme
Section 16: Benefits to the family on the death of a member
(1) Pension to the Family shall be admissible from the date following the date of death of the member if the member dies:
(a) while in service, provided that at least one month's contribution has been paid into the Employees Pension Fund; or
(b) after the date of exit but before attaining the age of 58, from the employment having rendered service entitling him/her to monthly members pension but before the commencement of pension payment; or
(c) after the commencement of payment of the monthly members pension.
Note: The cases where a member has rendered less than 10 years eligible service on the date of exit but has retained the membership of the Pension Fund, and dies before attaining the age of 58 years, shall be regulated under sub-paragraph (8) of Paragraph 12.
Employee State Insurance (General) Regulations
Section 77: Report of death of insured person by employment injury
In case of death of an insured person as a result of an employment injury:
(a) if the death occurs at the place of employment, the employer shall, and
(b) if the death occurs at any other place, a dependent intending to claim dependent's benefit shall, or
(c) any other person present at the time of death may,
immediately report the death to the nearest Branch Office and to the nearest dispensary, hospital, clinic, or other institution where medical benefit under the Act is available.
Chapter: Dependents Benefit
Section 78: Disposal of body of an insured person dying by employment injury
Minimum Wages Act
Section 22-D: Payment of undisbursed amounts due to employees
All amounts payable by an employer to an employee, the amount of minimum wages of the employee under this Act, or otherwise due to the employee under this Act or any rule or order made thereunder shall, if such amounts could not or cannot be paid to the employee on account of his death before payment or on account of his whereabouts not being known, be deposited with the prescribed authority who shall deal with the money so deposited in such manner as may be prescribed.