Payment of Gratuity Act 1972
Payment of Gratuity Act 1972
Payment of Gratuity Act 1972
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DEFINITIONS
CONTINOUS SERVICE
CONTROLLING AUTHORITY
PAYMENT OF GRATUITY
COMPULSORY INSURANCE
POWER TO EXEMPT
NOMINATION
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DETERMINATION OF THE AMOUNT OF GRATUITY
INSPECTOR
POWERS OF INSPECTORS
RECOVERY OF GRATUITY
PENALTIES
EXEMPTION
COGNIZANCE OF OFFENCES
PROTECTION OF ACTION TAKEN IN GOOD FAITH
PROTECTION OF GRATUITY
APPROPRIATE GOVERNMENT
Factory
Establishments include;
Educational Institute
Schools
Polytechnics
Universities
Temple
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Completed year of service
Continuous Service
Controlling Authority
Factory
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A college run by a societies registered
under the societies registration act is an
establishment. eo Ay e
Mahaiyalaya Maha,(1994)
(Bombay)
A temple is an establishment.
Aministato Shi Jagganath Temple P i
V Jagannath Pahi 1992 Oisa
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³EMPLOYEE means any person who is
employed for wages, whether the terms of such
employment are expressed or implied in any
kind of work, manual or otherwise, in or in
connection with the work of the factory, mine,
oilfields, plantation, port, railway companies,
shop or other establishments to which this act
applies.
Exception Persons employed in state or central
government
"employer" means, in relation to any establishment,
factory, mine, oilfield, plantation, port, railway company
or shop ±
In case of state or central govt. a person or
authority appointed by the Government for the
supervision and control of employees, or where no
person or authority has been so appointed, the
head of the Ministry or the Department concerned,
In case of any local authority, the person appointed
by such authority for the supervision and control of
employees or where no person has been so
appointed, the chief executive office of the local
authority,
in any other case, the person, who, or the authority
which, has the ultimate control over the affairs of the
establishment, factory, mine, oilfield, plantation, port,
railway company or shop, and where the said affairs
are entrusted to any other person, whether called a
manager, managing director or by any other name,
such person;
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± Himself ± Herself
± His wife ± Her husband
± His children whether ± Her children whether
married or unmarried
married or unmarried
± His dependant parents
± Her dependant parents
± The dependant parents
of his wife and the ± The dependant parents
widow of her husband & the
± Children of his widow
predeceased son, if any ± Children of her
predeceased son, if any
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means all emoluments which are earned by
an employee while on duty or on leave in
accordance with the terms and conditions
of his employment and which are paid or
are payable to him in cash and includes
dearness allowance but does not include
any bonus, commission, house rent
allowance, overtime wages and any other
allowance.
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Retirement
Superannuation
for the said period of one year, if the employee during the period of twelve calendar
months preceding the date with reference to which calculation is to be made,
has actually worked under the employer for not less than -
190 days, in the case of an employee employed below the ground in a mine or
in an establishment who works for less than six days in a week; and
240 days in any other case;
for the said period of six months, if the employee during the period of six calendar
months preceding the date with reference to which the calculation is to be made,
has actually worked under the employer for not less than -
95 days, in the case of an employee employed below the ground in a mine or in
an establishment which works for less than six days in a week;and
120 days, in any other case;
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he has been laid-off under an agreement or as permitted by standing
orders made under the Industrial Employment (Standing Orders) Act,
1946, or under the Industrial Disputes Act, 1947, or under any other
law applicable to the establishment;
he has been on leave with full wages, earned in the previous year;
he has been absent due to temporary disablement caused by an
accident arising out of and in the course of employment;
in the case of a female, she has been on maternity leave; so that the
total period of such maternity leave does not exceed twelve weeks.
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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.
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The appropriate Government may, by notification,
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appoint as many Inspectors, as it deems fit, for the
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purposes of this Act.
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The appropriate Government may, by general or special
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â order, define the area to which the authority of an
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Inspector so appointed shall extend and where two or
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more Inspectors are appointed for the same area, also
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provide, by such order, for the distribution or allocation of
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work to be performed by them under this Act.
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