Laws Payment Of Gratuity Act 1972 Pdf In Hindi


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this i hindi version of bonus act for preperation of ca/cma/cs student. 5 xzSP; qVh Hkqxrku vfèkfu;e] [THE PAYMENT OF GRATUITY ACT. Payment of Gratuity Act, An Act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports. be called the Payment of Gratuity Act, (2) It extends to the whole of India: Provided that in so far as it relates to plantations or ports, it shall.

Payment Of Gratuity Act 1972 Pdf In Hindi

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"An Act further to amend the Payment of Gratuity Act, Be it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows: 1. (1) This Act. (1) of section 15 of the Payment of Gratuity Act, (39 of ), the Governor of or near the main entrance of the establishment in bold letters in Hindi. The Payment of Gratuity Act (The Payment of Gratuity (Amendment) Act, ) provides for the payment of gratuity to employees engaged in industries.

Explanation: For the purposes of this section, 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. For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days'wages based on the rate of wages last drawn by the employee concerned: Provided that in the case of a piece-rated employee, daily wages shall be computed on the average of the total wages received by him for a period of three months immediately preceding the termination of his employment, and, for this purpose, the wages paid for any overtime work shall not be taken into account: Provided further that in the case of an employee who is employed in a seasonal establishment and who is not so employed throughout the year, the employer shall pay the gratuity at the rate of seven days'wages for each season.

Payment of Gratuity

Explanation: In the case of a 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.

The amount of gratuity payable to an employee shall not exceed three lakhs and fifty thousand rupees. For the purpose of computing the gratuity payable to an employee who is employed, after his disablement, on reduced wages, his wages for the period preceding his disablement shall be taken to be the wages received by him during that period, and his wages for the period subsequent to his disablement shall be taken to be the wages as so reduced.

Nothing in this section shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer. Notwithstanding anything contained in sub-section 1 a , the gratuity of an employee, whose services have been terminated for any act, willful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused b. Gratuity Explain the procedure for determination and recovery of gratuity?

The Act accepts, in principle, compulsory payment of gratuity as a social security measure to wage earning population in industries, factories and establishments. Thus, the main purpose and concept of gratuity is to help the workman after retirement, whether retirement is a result of the rules of superannuation, or physical disablement or impairment of vital part of the body.

Thus, it is a sort of financial assistance to tide over post retiral hardships and inconveniences. This scheme was confined to the particular establishments and even within those establishments, to certain categories of staff. There was no general legislation for the payment of Gratuity to all industrial workers.

In due course of time, it was felt the workers should get gratuity as a right in return of their long dedicated services to the industry. Industrial Tribunals and Supreme Courts dealt with the disputes on the subject and their awards and decisions brought the revolutionary changes in Social Security Legislations in Indian industrial sector.

Payment of Gratuity Act, 1972

Vs their workers[3]Supreme Court held that the object of providing a gratuity scheme is to provide a retiring benefit to the workman who have rendered long and unblemished service to the employer and thereby contributed to the prosperity of the employer.

After few years, the Government of Kerala enacted the Kerala Industrial Employees Payment of Gratuity Act, making gratuity a statutory right of the employees. The other states were also thinking to legislate such enactments.

Thus, it was felt that there should be an uniform central legislation for the whole country instead of state legislations for each and every separate states.

Accordingly, the payments of Gratuity Act, was enacted, largely based on the West Bengal legislation, which was come into force on 16th September, Payment of severance pay or Gratuity in different countries: the position of termination benefits of employees is not universal over the globe. Because of its economic and social implications, and in spite of regulation at the highest level, the termination of employment by the employer is one of the most sensitive issues in labour law today.

Where an employer terminates the contract of service of an employee without notice, the severance pay would be equivalent to his one month pay for every year of service Severance pay does not apply to terminations for misconduct, after due inquiry; retirement upon the employee attaining retirement age; or voluntary retirement by the employee[9].

Pakistan: Under the West Pakistan Industrial and Commercial Employment Standing Orders Ordinance, workers whose employment has been terminated for any reason other than misconduct are entitled to severance pay or a gratuity equivalent to 30 days wages for every completed year of service or any part thereof in excess of six months.

A pension may be substituted for any gratuity.

Usually it is 15 days pay for one year of service. Two weeks of severance pay is payable for: employees who are called for, or enlist for, military service; employees who refuse to change location with the employer or are subjected to another change in the basic conditions of employment; terminations due to insufficient qualifications or ill health. However, having being enacted as a social security form, it ceases to retain the concept of a gift but it has to be seen as a social obligation by an employer towards his employee.

In simple terms, it is a retirement benefit paid as gratitude to the employees who have rendered a continuous service forat least five years to incentivize them so that they continue working efficiently. It is an amount paid to an employee based on the duration of his total service but an employee becomes eligible only after he has completed 5 years of his service. Gratuity is paid to an employee when he either retires or his employment is terminated or he resigns or upon his death.

The Payment of Gratuity Act, 1972

Gratuity is given the force of law by thePayment of Gratuity Act ,which is further administered and enforced by the Central Government and the designated establishments under its control. The Act extends to whole of India Provided that in so far as it relates to plantations or ports, it shall not extend to the State of Jammu and Kashmir.

The section further describes the scope of enactment as follows: It shall apply to a every factory, mine, oilfield, plantation, port and railway company; b every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months; c such other establishments or class of establishments, in which ten or more employees are employed, or were employed, on any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf.

In Municipal corporation of Delhi V Smt.

Naresh and anothers[20], it was held that local authorities are establishment under this Act. Further in Laxmi D. Agriculture university and anothers[21], universities are also considered in the preview of this enactment. January This article is an orphan , as no other articles link to it. Please introduce links to this page from related articles ; try the Find link tool for suggestions.

January Learn how and when to remove this template message In India gratuity is a type of retirement benefit.

It is a payment made with the intention of helping an employee monetarily after his retirement. It was held by the Supreme Court of India in Indian Hume Pipe Co Ltd v Its Workmen , that the general principal underlying gratuity scheme is that by service over a long period the employee is entitled to claim a certain amount as retirement benefit. The act came in force on 16 September Application and extent The act applies to the whole of India.

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But according to section 1 2 , in so far it relates to plantation or ports, it shall not be extended to State of Jammu and Kashmir.Payment of gratuity: eligibility and calculation Under Section 4 , payment of gratuity is mandatory. Accordingly, the Government initiated the process for amendment to Payment of Gratuity Act, to increase the maximum limit of gratuity to such amount as may be notified by the Central Government from time to time.

Once Act applies, it continues to apply even if employment strength falls below In case of government employees there is no tax on the gratuity In case of private sector employees, if they are covered under the Payment of Gratuity Act, , then the gratuity is exempt from tax subject to a maximum of Rs 10 lakh or 15 days salary for each completed year of service or part thereof Where thegratuity is received in any of the previous years and if any exemption was allowed for the same, then the exemption to be allowed during the retirement year gets reduced to the extent of exemption already allowed, subject to the overall limit of Rs 10 lakh.

More lessons will be added soon. The quasi-judicial functions have been divided between the employers and the Controlling Authority in as much as for payment of gratuity, the first forum provided is an application to the employer.

Laxmi D.