This document provides an overview of the Payment of Gratuity Act of 1972 in India. Some key points:
- The Act provides for payment of gratuity to employees in factories, mines, ports and other establishments with 10 or more employees upon termination of employment after 5 years of continuous service.
- Gratuity is calculated at 15 days wages for each completed year of service, with a maximum of 3.5 lakh rupees.
- Employers are required to obtain insurance from LIC or other insurers to cover their gratuity liability, with some exemptions. Non-compliance can result in fines.
- Various terms like 'employee', 'employer', 'continuous service'
This document outlines key sections of the Payment of Gratuity Act of 1972 in India. It defines important terms like "appropriate government", "employee", "employer", "continuous service" and establishes that gratuity is payable to an employee who has worked continuously for not less than 5 years upon superannuation, retirement, resignation, death or disablement. It also allows state governments to appoint a controlling authority to administer the Act.
This document provides definitions for key terms used in the Payment of Gratuity Act of 1972 in India. It defines terms such as "appropriate government", "employee", "employer", "family", and "wages". It also defines what constitutes "continuous service" for determining employee eligibility for gratuity payments. The Act applies to employees working in factories, mines, ports and other establishments with 10 or more employees. It is aimed at providing a gratuity payment scheme for employees in covered organizations.
Provnt ida matrnity_tua_esic_factories_poba_divya_kashDivya Kashyap
Seven acts of industrial relations and labour laws and these are as follows:-
Provident fund act, minimum wages act, industrial disputes acts, maternity,trade union act,factories act, payment of bonus act..
The document summarizes the key aspects of the Regulation of Employment Act 1948 in India. It establishes Dock Labour Boards to regulate employment of dock workers at ports, develop schemes for their registration and ensure regular employment. The boards are responsible for administering schemes, maintaining accounts and submitting annual reports. Inspectors can investigate premises to check compliance. Non-compliance can be punished with fines or imprisonment. The government can supersede boards if needed and make rules to implement the Act.
This document summarizes key parts of the Employees' State Insurance Act of 1948 in India. It establishes an Employees' State Insurance Corporation to provide sickness, maternity, and employment injury benefits to employees. The Act applies to factories and other establishments employing 10 or more workers. It defines important terms like "employee", "insured person", "family", and outlines benefits for sickness, maternity, employment injury and dependents of deceased insured persons. The Act establishes the legal framework for an employee social insurance program in India.
- The document is the Contract Labour (Regulation and Abolition) Act of 1970 which regulates the employment of contract labour in certain establishments in India and provides for its abolition in certain circumstances.
- It establishes Advisory Boards at the central and state level to advise on administration of the Act and regulates the registration of establishments employing contract labour as well as licensing of contractors through registering and licensing officers.
- The Act also allows the appropriate government to prohibit employment of contract labour in any process, operation, or work in any establishment after consultation with the Advisory Boards.
The document appears to be an excerpt from the Motor Transport Workers Act of 1961 in India. It includes definitions of key terms like "running time" and "subsidiary work." It also outlines various chapters covering the registration of motor transport undertakings, inspecting staff and their powers, welfare provisions for workers including canteens, rest rooms, and uniforms. It discusses limitations on work hours for adult and adolescent workers, as well as requirements for weekly rest, annual leave, and wages. Finally, it notes penalties for offenses committed under the Act.
This document outlines key sections of the Payment of Gratuity Act of 1972 in India. It defines important terms like "appropriate government", "employee", "employer", "continuous service" and establishes that gratuity is payable to an employee who has worked continuously for not less than 5 years upon superannuation, retirement, resignation, death or disablement. It also allows state governments to appoint a controlling authority to administer the Act.
This document provides definitions for key terms used in the Payment of Gratuity Act of 1972 in India. It defines terms such as "appropriate government", "employee", "employer", "family", and "wages". It also defines what constitutes "continuous service" for determining employee eligibility for gratuity payments. The Act applies to employees working in factories, mines, ports and other establishments with 10 or more employees. It is aimed at providing a gratuity payment scheme for employees in covered organizations.
Provnt ida matrnity_tua_esic_factories_poba_divya_kashDivya Kashyap
Seven acts of industrial relations and labour laws and these are as follows:-
Provident fund act, minimum wages act, industrial disputes acts, maternity,trade union act,factories act, payment of bonus act..
The document summarizes the key aspects of the Regulation of Employment Act 1948 in India. It establishes Dock Labour Boards to regulate employment of dock workers at ports, develop schemes for their registration and ensure regular employment. The boards are responsible for administering schemes, maintaining accounts and submitting annual reports. Inspectors can investigate premises to check compliance. Non-compliance can be punished with fines or imprisonment. The government can supersede boards if needed and make rules to implement the Act.
This document summarizes key parts of the Employees' State Insurance Act of 1948 in India. It establishes an Employees' State Insurance Corporation to provide sickness, maternity, and employment injury benefits to employees. The Act applies to factories and other establishments employing 10 or more workers. It defines important terms like "employee", "insured person", "family", and outlines benefits for sickness, maternity, employment injury and dependents of deceased insured persons. The Act establishes the legal framework for an employee social insurance program in India.
- The document is the Contract Labour (Regulation and Abolition) Act of 1970 which regulates the employment of contract labour in certain establishments in India and provides for its abolition in certain circumstances.
- It establishes Advisory Boards at the central and state level to advise on administration of the Act and regulates the registration of establishments employing contract labour as well as licensing of contractors through registering and licensing officers.
- The Act also allows the appropriate government to prohibit employment of contract labour in any process, operation, or work in any establishment after consultation with the Advisory Boards.
The document appears to be an excerpt from the Motor Transport Workers Act of 1961 in India. It includes definitions of key terms like "running time" and "subsidiary work." It also outlines various chapters covering the registration of motor transport undertakings, inspecting staff and their powers, welfare provisions for workers including canteens, rest rooms, and uniforms. It discusses limitations on work hours for adult and adolescent workers, as well as requirements for weekly rest, annual leave, and wages. Finally, it notes penalties for offenses committed under the Act.
This document is the Weekly Holidays Act of 1942 which provides for granting weekly holidays to employees in shops, restaurants, and theaters in India. Some key points:
- It requires all shops to remain closed one day per week as specified by the shop owner. This day cannot be changed more than once every 3 months.
- It entitles all non-managerial employees in shops, restaurants, and theaters to one paid holiday per week.
- It allows state governments to require additional afternoon closings or half-day holidays for certain establishments.
- No wages can be deducted if an establishment closes on its weekly holiday. Inspectors can enforce the law and penalties apply for violations
This document outlines the Plantations Labour Act of 1951 in India. Some key points:
- The act provides for the welfare of labour and regulates working conditions in plantations.
- It applies to plantations growing tea, coffee, rubber, cinchona or cardamom of 5 or more hectares employing 15+ people.
- The act defines terms like adolescent, adult, child, employer, plantation, and worker.
- It establishes requirements for registering plantations with registering officers. Employers must register existing and new plantations.
- The state government appoints inspectors including a chief inspector to enforce the act and ensure provisions are followed.
- Inspectors have powers like examining plant
This document is the Minimum Wages Act of 1948 which provides for fixing minimum rates of wages in certain employments in India. Some key points:
- It gives the appropriate government (central or state) the authority to fix and periodically revise minimum wage rates for scheduled employments.
- Minimum wage rates can be fixed differently based on factors like occupation, work type (time or piece rate), location, age (adult, adolescent, child).
- In fixing rates, the appropriate government consults committees and publishes proposals for feedback, then notifies new rates which come into force after 3 months.
- An Advisory Board is appointed to advise the appropriate government on fixing and revising rates, and a Central
The document outlines definitions and provisions related to the Employees' Provident Fund Act of 1952 in India, including defining terms like employer, employee, wages, and establishing provident funds. It discusses the establishment of a Central Board to administer the funds and an Executive Committee to assist it. State boards may also be constituted to exercise powers assigned by the Central Government.
This document summarizes the key aspects of the Employees' State Insurance Act of 1948 in India. The act established the Employees' State Insurance Corporation to provide certain benefits to employees such as sickness, maternity and employment injury benefits. It applies initially to all factories with 10 or more employees. The act defines important terms related to employees, wages, family members and types of benefits. It establishes the Employees' State Insurance Corporation as a body corporate to administer the scheme. The Corporation consists of representatives from central and state governments, employers, employees and medical professionals.
The document summarizes key aspects of the Mines Act of 1952 in India. It discusses:
- The Act is administered by the Ministry of Labour and Employment and aims to ensure health, safety and welfare of mine workers.
- It prescribes duties of mine owners regarding management, health, safety, working hours, wages and more. Compliance is overseen by the Directorate General of Mines Safety.
- The Act covers definitions, appointments of inspectors and medical officers, requirements around drinking water, sanitation, medical facilities, accident reporting, hours of work, leaves, and powers to create regulations. Non-compliance is punishable by fines or imprisonment.
- Various forms are also prescribed
The document summarizes key aspects of the Plantations Labour Act of 1951 in India. It outlines the scope and application of the Act, definitions of terms, requirements for plantations regarding registration, health provisions like drinking water and sanitation, welfare facilities for workers like canteens and crèches, regulations around working hours and leave, penalties for non-compliance, and the power of state governments to make exemptions. The Act aims to regulate labour conditions and promote welfare of workers employed in plantations across various industries in India.
This document is the Payment of Wages Act of 1936 from India. It regulates the payment of wages to certain classes of employed persons. Some key points:
- It applies to payment of wages in factories, railways, and other specified industrial establishments.
- Employers are responsible for paying wages to employees within a certain timeframe, usually before the 7th day after the end of the pay period.
- Wage periods cannot exceed one month.
- Wages must be paid in coin, currency, or check. Only certain authorized deductions can be made from wages.
The document provides an overview of the Employees' Provident Funds and Miscellaneous Provisions Act of 1952 in India. Some key points:
- It establishes provident funds, pension funds, and deposit-linked insurance funds for employees in factories and other establishments.
- It extends to all of India except Jammu and Kashmir and applies to factories with 20 or more employees and other establishments with 20 or more employees specified by the Central Government.
- It allows the Central Government to constitute a Central Board of Trustees to administer the Employees' Provident Fund Scheme and specifies the composition of the Board to include government officials, state representatives, and employee and employer representatives.
This document outlines the Plantations Labour Act of 1951 in India. Some key points:
- It aims to regulate conditions of work and provide welfare for plantation laborers.
- It applies initially to tea, coffee, rubber and cinchona plantations employing 30+ people. States can extend it to other crops.
- It establishes roles like inspectors to examine plantations and ensure compliance with the act.
- It mandates facilities like drinking water, sanitation, medical aid, canteens, creches and housing to be provided for workers.
- It limits work hours to 54 per week for adults and 40 for adolescents/children, and provides for holidays and rest intervals.
Code on wages bill 2017 as introduced in lok sabhaSangraam Singh
This document contains the proposed Code on Wages, 2017 for India. It lays out 9 chapters that will consolidate and amend existing laws related to wages and bonuses. The key chapters include:
- Chapter I on preliminary definitions and prohibitions on gender discrimination.
- Chapter II on minimum wages including fixing and revising minimum wages rates.
- Chapter III on payment of wages including permissible deductions.
- Chapter IV on payment of bonuses to employees.
- Chapter V establishes advisory boards to advise on wages and bonuses.
The document summarizes the Employees' State Insurance Act of 1948 in India. The key points are:
1) It establishes the Employees' State Insurance Corporation to provide certain benefits like sickness, maternity, and employment injury benefits to employees.
2) It applies initially to factories employing 10 or more people, and can be extended to other establishments.
3) The Corporation is governed by a board with representatives of central/state governments, employers, employees, medical professionals, and Parliament.
This document outlines the Employees' Provident Funds and Miscellaneous Provisions Act of 1952 which established provident funds, pension funds, and deposit-linked insurance funds for employees in factories and other establishments in India. Some key points:
- It applies to factories employing 20 or more people as well as other establishments specified by the Central Government employing 20 or more people.
- It establishes the Employees' Provident Fund Scheme which is administered by the Central Board of Trustees for the Employees' Provident Fund.
- The Central Board oversees and maintains the Provident Fund, Pension Fund, and Insurance Fund according to the schemes framed under the Act.
- Various officers are appointed to administer the schemes
This document provides the contents and preamble of the Industrial Employment (Standing Orders) Act, 1946 of India, as amended over time. Some key points:
- The Act requires employers in industrial establishments to formally define employment conditions for workers in the form of standing orders.
- It applies to establishments employing 100+ workers, or fewer as notified by the government. Some types of establishments are exempt.
- Draft standing orders covering matters like wages, work hours, leave etc. must be submitted by employers to certifying officers for certification.
- Certifying officers review drafts, hear objections from unions/workers, and certify orders as long as required matters are covered and they conform to the Act.
The Payment of Gratuity Act 1972 provides social security for employees in India. It requires employers in certain establishments to pay gratuity to employees who have worked for at least 5 years. Gratuity is calculated as 15 days wages for each completed year of service. The maximum gratuity payable is Rs. 3,50,000. Employers must take out compulsory insurance and comply with requirements regarding nomination of beneficiaries, notices for new or closing establishments, and penalties exist for non-compliance.
The document summarizes the key provisions of the Payment of Gratuity Act of 1972. It outlines that employees are entitled to 15 days wages for each completed year of service up to a maximum of Rs. 10 lakhs. Nominations must be submitted in duplicate using Form F and changes can be made using Form H. Gratuity must be paid within 30 days and notices summarizing employees' rights and authorized officers must be displayed. Penalties for non-compliance include fines up to Rs. 20,000 and imprisonment up to 2 years. The document also lists 21 forms related to notices, nominations, applications and summons under the Act that must be followed.
1. The Andhra Pradesh Revised Pension Rules, 1980 apply to government servants who were previously governed by various pension rules in force in the region.
2. The rules outline provisions regarding eligibility for pension, option to continue under previous rules, regulation of claims, limitation on number of pensions, pension being subject to future good conduct, and the right of the government to withhold or withdraw pension in certain cases.
3. Key aspects include government servants having the option to continue under previous pension rules or elect the new 1980 rules, pensions being regulated by the rules in force at the time of retirement or death, and pensions being subject to conditions such as future good conduct and the government reserving the right to with
This document provides definitions and explanations of key terms under the Industrial Disputes Act, 1947 in India. It discusses:
1) Important definitions including "appropriate government", "industry", "workman", and "wages" which determine the scope and coverage of the Act.
2) What constitutes an "industrial dispute", including the parties involved and issues covered. Only disputes raised by recognized unions or groups of workmen are considered.
3) The functioning of dispute resolution mechanisms like conciliation (through officers and boards) and adjudication (through labor courts, tribunals, and national tribunals). It outlines their roles, powers, and procedures.
The document summarizes the key aspects of the Workmen's Compensation Act of 1923 in India. Some key points:
- The Act provides compensation to injured workers or their dependents in case of death from employment injuries or occupational diseases.
- Employers are liable to pay compensation within 30 days for personal injuries arising from employment. Compensation amounts are specified for death, permanent total disablement, and permanent partial disablement.
- Notice of accidents and claims must be filed. Commissioners decide on claims and their orders can be appealed.
- Contracting out of the Act is prohibited. Compensation awarded is recoverable as land revenue. Occupational diseases and hazardous occupations are specified in schedules.
This document provides an overview of the Workmen's Compensation Act of 1923 in India. Some key points:
- The Act recognizes that workers injured on the job should be compensated. It applies to organized industries and hazardous occupations.
- Objectives include providing relief to injured workers or their dependents, establishing employer liability for workplace injuries, and ensuring compensation regardless of fault.
- Employers are liable for compensation for injuries caused by accidents or occupational diseases arising from employment. Compensation amounts depend on injury type and worker's wages.
- The Commissioner oversees claims and distribution of deposited compensation to dependents of deceased workers. Employers must pay compensation promptly or face penalties.
The document summarizes key aspects of The Workmen's Compensation Act of 1923 in India. It discusses doctrines like assumed risk, common employment, and contributory negligence that previously allowed employers to defend against compensation claims. The Act introduced a no-fault system making employers liable to pay compensation for work-related injuries or deaths. It covers all employees directly or indirectly involved in an establishment, except casual workers. Employers are not liable if the injury results in less than 3 days of disablement or was willfully caused by the employee being intoxicated, disobeying safety rules, or removing safety equipment.
Session 2 covers compensation and benefits, including various Indian labor acts that regulate wages, bonuses, and benefits. It discusses theories of motivation and how they relate to compensation design. Collective bargaining and wage boards, which set wage standards, are also covered. The key benefits and penalties included in the Minimum Wages Act, Payment of Wages Act, and Employees' State Insurance Act are summarized.
This document is the Weekly Holidays Act of 1942 which provides for granting weekly holidays to employees in shops, restaurants, and theaters in India. Some key points:
- It requires all shops to remain closed one day per week as specified by the shop owner. This day cannot be changed more than once every 3 months.
- It entitles all non-managerial employees in shops, restaurants, and theaters to one paid holiday per week.
- It allows state governments to require additional afternoon closings or half-day holidays for certain establishments.
- No wages can be deducted if an establishment closes on its weekly holiday. Inspectors can enforce the law and penalties apply for violations
This document outlines the Plantations Labour Act of 1951 in India. Some key points:
- The act provides for the welfare of labour and regulates working conditions in plantations.
- It applies to plantations growing tea, coffee, rubber, cinchona or cardamom of 5 or more hectares employing 15+ people.
- The act defines terms like adolescent, adult, child, employer, plantation, and worker.
- It establishes requirements for registering plantations with registering officers. Employers must register existing and new plantations.
- The state government appoints inspectors including a chief inspector to enforce the act and ensure provisions are followed.
- Inspectors have powers like examining plant
This document is the Minimum Wages Act of 1948 which provides for fixing minimum rates of wages in certain employments in India. Some key points:
- It gives the appropriate government (central or state) the authority to fix and periodically revise minimum wage rates for scheduled employments.
- Minimum wage rates can be fixed differently based on factors like occupation, work type (time or piece rate), location, age (adult, adolescent, child).
- In fixing rates, the appropriate government consults committees and publishes proposals for feedback, then notifies new rates which come into force after 3 months.
- An Advisory Board is appointed to advise the appropriate government on fixing and revising rates, and a Central
The document outlines definitions and provisions related to the Employees' Provident Fund Act of 1952 in India, including defining terms like employer, employee, wages, and establishing provident funds. It discusses the establishment of a Central Board to administer the funds and an Executive Committee to assist it. State boards may also be constituted to exercise powers assigned by the Central Government.
This document summarizes the key aspects of the Employees' State Insurance Act of 1948 in India. The act established the Employees' State Insurance Corporation to provide certain benefits to employees such as sickness, maternity and employment injury benefits. It applies initially to all factories with 10 or more employees. The act defines important terms related to employees, wages, family members and types of benefits. It establishes the Employees' State Insurance Corporation as a body corporate to administer the scheme. The Corporation consists of representatives from central and state governments, employers, employees and medical professionals.
The document summarizes key aspects of the Mines Act of 1952 in India. It discusses:
- The Act is administered by the Ministry of Labour and Employment and aims to ensure health, safety and welfare of mine workers.
- It prescribes duties of mine owners regarding management, health, safety, working hours, wages and more. Compliance is overseen by the Directorate General of Mines Safety.
- The Act covers definitions, appointments of inspectors and medical officers, requirements around drinking water, sanitation, medical facilities, accident reporting, hours of work, leaves, and powers to create regulations. Non-compliance is punishable by fines or imprisonment.
- Various forms are also prescribed
The document summarizes key aspects of the Plantations Labour Act of 1951 in India. It outlines the scope and application of the Act, definitions of terms, requirements for plantations regarding registration, health provisions like drinking water and sanitation, welfare facilities for workers like canteens and crèches, regulations around working hours and leave, penalties for non-compliance, and the power of state governments to make exemptions. The Act aims to regulate labour conditions and promote welfare of workers employed in plantations across various industries in India.
This document is the Payment of Wages Act of 1936 from India. It regulates the payment of wages to certain classes of employed persons. Some key points:
- It applies to payment of wages in factories, railways, and other specified industrial establishments.
- Employers are responsible for paying wages to employees within a certain timeframe, usually before the 7th day after the end of the pay period.
- Wage periods cannot exceed one month.
- Wages must be paid in coin, currency, or check. Only certain authorized deductions can be made from wages.
The document provides an overview of the Employees' Provident Funds and Miscellaneous Provisions Act of 1952 in India. Some key points:
- It establishes provident funds, pension funds, and deposit-linked insurance funds for employees in factories and other establishments.
- It extends to all of India except Jammu and Kashmir and applies to factories with 20 or more employees and other establishments with 20 or more employees specified by the Central Government.
- It allows the Central Government to constitute a Central Board of Trustees to administer the Employees' Provident Fund Scheme and specifies the composition of the Board to include government officials, state representatives, and employee and employer representatives.
This document outlines the Plantations Labour Act of 1951 in India. Some key points:
- It aims to regulate conditions of work and provide welfare for plantation laborers.
- It applies initially to tea, coffee, rubber and cinchona plantations employing 30+ people. States can extend it to other crops.
- It establishes roles like inspectors to examine plantations and ensure compliance with the act.
- It mandates facilities like drinking water, sanitation, medical aid, canteens, creches and housing to be provided for workers.
- It limits work hours to 54 per week for adults and 40 for adolescents/children, and provides for holidays and rest intervals.
Code on wages bill 2017 as introduced in lok sabhaSangraam Singh
This document contains the proposed Code on Wages, 2017 for India. It lays out 9 chapters that will consolidate and amend existing laws related to wages and bonuses. The key chapters include:
- Chapter I on preliminary definitions and prohibitions on gender discrimination.
- Chapter II on minimum wages including fixing and revising minimum wages rates.
- Chapter III on payment of wages including permissible deductions.
- Chapter IV on payment of bonuses to employees.
- Chapter V establishes advisory boards to advise on wages and bonuses.
The document summarizes the Employees' State Insurance Act of 1948 in India. The key points are:
1) It establishes the Employees' State Insurance Corporation to provide certain benefits like sickness, maternity, and employment injury benefits to employees.
2) It applies initially to factories employing 10 or more people, and can be extended to other establishments.
3) The Corporation is governed by a board with representatives of central/state governments, employers, employees, medical professionals, and Parliament.
This document outlines the Employees' Provident Funds and Miscellaneous Provisions Act of 1952 which established provident funds, pension funds, and deposit-linked insurance funds for employees in factories and other establishments in India. Some key points:
- It applies to factories employing 20 or more people as well as other establishments specified by the Central Government employing 20 or more people.
- It establishes the Employees' Provident Fund Scheme which is administered by the Central Board of Trustees for the Employees' Provident Fund.
- The Central Board oversees and maintains the Provident Fund, Pension Fund, and Insurance Fund according to the schemes framed under the Act.
- Various officers are appointed to administer the schemes
This document provides the contents and preamble of the Industrial Employment (Standing Orders) Act, 1946 of India, as amended over time. Some key points:
- The Act requires employers in industrial establishments to formally define employment conditions for workers in the form of standing orders.
- It applies to establishments employing 100+ workers, or fewer as notified by the government. Some types of establishments are exempt.
- Draft standing orders covering matters like wages, work hours, leave etc. must be submitted by employers to certifying officers for certification.
- Certifying officers review drafts, hear objections from unions/workers, and certify orders as long as required matters are covered and they conform to the Act.
The Payment of Gratuity Act 1972 provides social security for employees in India. It requires employers in certain establishments to pay gratuity to employees who have worked for at least 5 years. Gratuity is calculated as 15 days wages for each completed year of service. The maximum gratuity payable is Rs. 3,50,000. Employers must take out compulsory insurance and comply with requirements regarding nomination of beneficiaries, notices for new or closing establishments, and penalties exist for non-compliance.
The document summarizes the key provisions of the Payment of Gratuity Act of 1972. It outlines that employees are entitled to 15 days wages for each completed year of service up to a maximum of Rs. 10 lakhs. Nominations must be submitted in duplicate using Form F and changes can be made using Form H. Gratuity must be paid within 30 days and notices summarizing employees' rights and authorized officers must be displayed. Penalties for non-compliance include fines up to Rs. 20,000 and imprisonment up to 2 years. The document also lists 21 forms related to notices, nominations, applications and summons under the Act that must be followed.
1. The Andhra Pradesh Revised Pension Rules, 1980 apply to government servants who were previously governed by various pension rules in force in the region.
2. The rules outline provisions regarding eligibility for pension, option to continue under previous rules, regulation of claims, limitation on number of pensions, pension being subject to future good conduct, and the right of the government to withhold or withdraw pension in certain cases.
3. Key aspects include government servants having the option to continue under previous pension rules or elect the new 1980 rules, pensions being regulated by the rules in force at the time of retirement or death, and pensions being subject to conditions such as future good conduct and the government reserving the right to with
This document provides definitions and explanations of key terms under the Industrial Disputes Act, 1947 in India. It discusses:
1) Important definitions including "appropriate government", "industry", "workman", and "wages" which determine the scope and coverage of the Act.
2) What constitutes an "industrial dispute", including the parties involved and issues covered. Only disputes raised by recognized unions or groups of workmen are considered.
3) The functioning of dispute resolution mechanisms like conciliation (through officers and boards) and adjudication (through labor courts, tribunals, and national tribunals). It outlines their roles, powers, and procedures.
The document summarizes the key aspects of the Workmen's Compensation Act of 1923 in India. Some key points:
- The Act provides compensation to injured workers or their dependents in case of death from employment injuries or occupational diseases.
- Employers are liable to pay compensation within 30 days for personal injuries arising from employment. Compensation amounts are specified for death, permanent total disablement, and permanent partial disablement.
- Notice of accidents and claims must be filed. Commissioners decide on claims and their orders can be appealed.
- Contracting out of the Act is prohibited. Compensation awarded is recoverable as land revenue. Occupational diseases and hazardous occupations are specified in schedules.
This document provides an overview of the Workmen's Compensation Act of 1923 in India. Some key points:
- The Act recognizes that workers injured on the job should be compensated. It applies to organized industries and hazardous occupations.
- Objectives include providing relief to injured workers or their dependents, establishing employer liability for workplace injuries, and ensuring compensation regardless of fault.
- Employers are liable for compensation for injuries caused by accidents or occupational diseases arising from employment. Compensation amounts depend on injury type and worker's wages.
- The Commissioner oversees claims and distribution of deposited compensation to dependents of deceased workers. Employers must pay compensation promptly or face penalties.
The document summarizes key aspects of The Workmen's Compensation Act of 1923 in India. It discusses doctrines like assumed risk, common employment, and contributory negligence that previously allowed employers to defend against compensation claims. The Act introduced a no-fault system making employers liable to pay compensation for work-related injuries or deaths. It covers all employees directly or indirectly involved in an establishment, except casual workers. Employers are not liable if the injury results in less than 3 days of disablement or was willfully caused by the employee being intoxicated, disobeying safety rules, or removing safety equipment.
Session 2 covers compensation and benefits, including various Indian labor acts that regulate wages, bonuses, and benefits. It discusses theories of motivation and how they relate to compensation design. Collective bargaining and wage boards, which set wage standards, are also covered. The key benefits and penalties included in the Minimum Wages Act, Payment of Wages Act, and Employees' State Insurance Act are summarized.
This document summarizes rules established by the Central Government of India regarding the Payment of Gratuity Act of 1972. Some key points:
- It outlines rules for employers related to notifying authorities of business openings/closures, displaying notices of employee rights, and processing employee nominations and applications for gratuity payments.
- It provides forms and timelines for employees to submit nominations for gratuity recipients, apply for gratuity payments, and appeal denials of payment to a controlling authority.
- The controlling authority is empowered to summon parties, collect evidence, make rulings on payment eligibility, and direct employers to make payment within 30 days if gratuity is due.
The Workmen's Compensation Act 1923 aims to provide relief to workmen and their dependents in cases of accidents arising from employment that cause death or disability. It extends to all of India and covers all workers, including casual laborers. It establishes employer liability for compensation in cases of work-related injuries. The compensation amounts are specified as percentages of monthly wages and include medical expenses, income support in cases of temporary or permanent disability, lump sums or pensions for dependents in cases of death.
This document outlines the disciplinary procedures for government servants in India. It discusses the purpose and authorities for disciplinary proceedings, the roles of those involved, and the stages of conducting an inquiry. These include framing a charge sheet, conducting an inquiry, issuing an inquiry report, and the procedures for imposing both minor and major penalties. The document provides details on the composition of charge sheets, conducting departmental inquiries, the roles of various officials, and communicating the final order.
The document provides an overview of the Contract Labour (Regulation and Abolition) Act of 1970. It aims to regulate the employment of contract labour in certain establishments and provide for its abolition in certain circumstances. Key points include definitions of terms like contractor and contract labour; requirements for employers and contractors to register establishments and obtain licenses; responsibilities of employers and contractors regarding wages, welfare, and other labour laws; and guidelines on when contract labour would be considered for abolition. The act evolved over time in response to various labour inquiries and committees to better prevent the exploitation of contract workers.
Module 7 compensation and benefit administrationVarun Mahadev
Compensation includes basic pay, allowances, incentives, and benefits. It aims to achieve internal equity between jobs, external equity with similar jobs in other industries, and individual equity of equal pay for equal work. Compensation also aims to attract and retain talent while ensuring equity and compliance with legal rules. Factors like skill, effort, responsibility, and working conditions are evaluated. Wages are also affected by comparable industry pay, ability to pay, cost of living, productivity, unions, legislation, and supply and demand of labor. Compensation satisfies employees and improves performance. Benefits administration oversees health insurance, retirement programs, and ensures employees understand their benefits.
- The document discusses various types of income that are taxed as salary under the Income Tax Act, including regular salary, bonuses, commissions, pensions, gratuity, and leave encashment.
- It provides details on what is considered salary and the tax treatment of items like leave encashment, gratuity, and pensions for government employees versus non-government employees.
- Examples are given to illustrate how to calculate the taxable and non-taxable portions of retirement benefits like gratuity and leave encashment received by employees.
The story describes two woodcutters, Rahim and Rahman, who barely earned enough to survive. One day, Rahim wanted to share his lunch with a beggar, but Rahman stopped him and instead offered to teach the beggar how to cut wood. Rahman showed the beggar how to use an axe and cut wood. Later, when someone purchased the beggar's entire bundle of wood, Rahman explained to Rahim that by teaching a skill rather than just giving food, the beggar would never go hungry again and would have a means to support himself long-term.
The document discusses the scope of practice, levels of supervision, and ethical and legal responsibilities of licensed veterinary technicians (LVTs) in New York state. It outlines what tasks LVTs are allowed to perform under immediate, direct, and indirect supervision of a veterinarian. It also discusses penalties for malpractice through criminal, civil, or regulatory proceedings and the role of the Office of Professional Discipline.
Employee discipline involves orderliness, consistency with accepted norms, and absence of chaos. It can be positive through rewards and leadership or negative through punishments. Causes of indiscipline include unfair practices, lack of leadership, communication barriers, unresolved personnel issues, victimization, and lack of a code of conduct. Principles of discipline include understanding human behavior, consultation, reasonable rules, emphasis on prevention, and impartial appeals processes.
The document summarizes key social security legislations in India. It discusses legislations related to workmen's compensation, employees' state insurance, maternity benefits, payment of gratuity, and employees' provident fund. The main objectives of social security are to provide compensation during risks or contingencies, restoration of health and employment, and prevention of losses. Social security in India evolved gradually and key milestones included the Workmen's Compensation Act of 1923 and Maternity Benefit Act of 1929. Major social security programs are financed through social insurance and social assistance models.
The Workmen's Compensation Act aims to provide relief to workmen and their dependents in cases of accidents arising from employment. It covers all workers, including casual laborers, and establishments not covered by the ESI Act. Employers must compensate workers for death, permanent or temporary disablement, or occupational diseases resulting from employment accidents. The amount of compensation depends on the type and extent of injury and the worker's monthly wages. Employers must report accidents resulting in death or serious injury within 7 days and pay compensation promptly, or face penalties.
The document discusses various aspects of employee disciplinary management. It defines key terms like discipline, misconduct, and punishment. It explains the importance of discipline in organizations and different approaches to discipline like preventive, corrective, positive, and negative approaches. The document also discusses concepts like progressive discipline, counseling approach, and the hot stove principle. It provides examples of different types of misconduct related to attendance, behavior, dishonesty, etc. and factors to consider before initiating disciplinary action.
The Payment of Gratuity Act, 1972 provides for a scheme for the payment of gratuity to employees working in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments. Some key points:
- It applies to establishments with 10 or more employees who have worked for at least 5 years. Gratuity is paid at the rate of 15 days wages for each completed year of service.
- Employers must obtain insurance for their gratuity liability or establish an approved gratuity fund, as governed by the Act and rules. Non-compliance may result in penalties.
- The controlling authority appointed by the government is responsible for administering the Act. It can investigate complaints
The Payment of Gratuity Act of 1972 provides a scheme for payment of gratuity to employees in factories, mines, ports and other establishments. Some key points:
- It applies to establishments with 10 or more employees and provides for payment of gratuity to employees with at least 5 years of continuous service.
- Gratuity is paid at the rate of 15 days wages for each completed year of service, with the maximum amount being Rs. 10 lakhs.
- The Act defines terms like continuous service, employee, employer, family and wages. It also establishes controlling authorities to administer the provisions of the Act.
- Gratuity is payable to employees on superannuation, retirement
This document provides an overview of the Payment of Wages Act of 1936 in India. The key points are:
1) The Act was passed to regulate payment of wages to industrial workers and protect them from irregularities like delayed or withheld wages and unauthorized deductions.
2) Its main objectives are to ensure regular and prompt payment of wages and prevent unauthorized deductions from wages.
3) It applies to persons employed in factories or industrial establishments earning less than Rs. 1600 per month.
4) It defines key terms like wages, employer, and establishes rules around deductions from wages for fines, absences, and damages.
This document summarizes the key aspects of the Employees' State Insurance Act of 1948 in India. The act established the Employees' State Insurance Corporation to administer an insurance scheme providing sickness, maternity, and employment injury benefits to employees. It applies initially to all factories with 10 or more employees. The act defines important terms like employee, wages, family, insurable employment and establishes the Corporation to centrally administer the scheme. It outlines the composition of the Corporation board including representatives of central and state governments, employers, employees and medical professionals.
This document summarizes the key aspects of the Employees' State Insurance Act of 1948 in India. The act established the Employees' State Insurance Corporation to provide certain benefits to employees such as sickness, maternity and employment injury benefits. It applies initially to all factories with 10 or more employees and can be extended to other establishments. The act defines important terms related to employees, wages, insurance benefits and establishes the governing body of the ESI Corporation.
This document summarizes the key aspects of the Employees' State Insurance Act of 1948 in India. The act established the Employees' State Insurance Corporation to provide certain benefits to employees such as sickness, maternity and employment injury benefits. It applies initially to all factories with 10 or more employees and can be extended to other establishments. The act defines important terms related to employees, wages, family members and types of benefits. It outlines the constitution of the Employees' State Insurance Corporation and its powers to administer the scheme and provide benefits to employees.
This document provides definitions for key terms used in the Industrial Relations Code, 2020 in India. It defines terms such as appropriate government, employer, employee, industry, industrial dispute, layoff, lockout, and strike. The definitions section aims to clarify the meaning and scope of important concepts that will be referenced throughout the Code.
This document is the Occupational Safety, Health and Working Conditions Code, 2020 which consolidates and amends laws regulating occupational safety, health and working conditions of persons employed in establishments. Some key points:
- It defines terms related to occupational safety such as employee, employer, establishment, and appropriate government.
- It specifies that the Code applies to establishments employing 10 or more workers, and outlines certain exceptions.
- It consolidates laws on safety, health and working conditions for various sectors like factories, mines, construction, ports and others.
- The Code aims to improve occupational safety, health and working conditions of persons employed in establishments across India.
The document provides an overview of the Payment of Wages Act 1936, which regulates the payment of wages for certain classes of employed persons in India. Some key points covered include:
- The Act aims to ensure timely payment of wages and restricts unauthorized deductions from wages.
- It applies to persons employed in factories, railways, and other specified establishments.
- The employer is responsible for wage payments as per the stipulated timelines and modes of payment under the Act.
- Various permissible deductions from wages are outlined, including for absence, amenities provided, taxes, and with employee authorization.
- Employers must maintain registers related to employees, wages paid, and deductions made.
The beedi and cigar workers (conditions of employment) amendment act, 1993UllalNews
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Labour Law Compliance in India - Promptpersonneljackmethyu
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Payment of Wages Act, 1936 Course material.pdfKiranMayiAudina
This document provides an arrangement of sections for The Payment of Wages Act, 1936 in India. Some key points:
- It regulates the payment of wages to certain classes of employed persons.
- Key definitions are provided for terms like "wages", "employer", and "industrial establishment".
- Responsibility for payment of wages lies with the employer.
- Wage periods cannot exceed one month and wages must generally be paid within a week of the wage period.
- Various permissible deductions from wages are outlined.
- Provisions for claims, penalties, and delegating powers are included.
This document summarizes the key aspects of the Payment of Wages Act, 1936 in India. It introduces the objectives of the act, which is to regulate payment of wages to certain classes of employed persons. It defines important terms like wages, employer, and appropriate government. It outlines the responsibilities for payment of wages and fixation of wage periods. It describes the time and mode of payment of wages and permissible deductions from wages. The document also briefly discusses other provisions around maintenance of registers, appointment of inspectors, and resolution of claims related to wages.
The Payment of Wages Act, 1936 regulates the payment of wages to certain classes of employed persons in India. Some key points:
- It applies to persons employed in factories, railways, mines, and other establishments specified by the appropriate government.
- Wages must be paid before the expiry of the 7th day after the last day of the wage period for most establishments, and before the 10th day for larger establishments.
- Only certain authorized deductions can be made from wages, such as deductions for absence, fines (up to 3% of wages), taxes, loans, insurance, and other purposes approved by the government.
- The total deductions cannot exceed 50-75% of wages depending
The Payment of Wages Act, 1936 outlines regulations for timely payment of wages to workers in India. Some key points:
- It applies to workers in factories, railways, and other specified industries.
- Employers are responsible for paying all wages required by the Act to their employees. In some cases, managers or supervisors may also be responsible.
- Wage periods cannot exceed one month. Wages must be paid within 7-10 days of the last day of the wage period.
- Employers must maintain registers and records of employees, work performed, wages paid, and deductions made for 3 years.
- Inspectors can investigate compliance and require production of records. Pen
The document is the Employees' State Insurance Act of 1948 from India. It establishes an insurance program that provides certain benefits to employees in cases of sickness, maternity, and employment injury. Some key details include:
- It applies initially to all factories (except seasonal ones) and can be extended to other establishments by state governments.
- It sets up the Employees' State Insurance Corporation to administer the program.
- It defines important terms like "employee", "employment injury", "insured person", and establishes the benefits provided like sick leave, maternity leave, and compensation for employment injuries.
The Payment of Wages Act, 1936 applies to persons employed in factories, railways, and other specified industrial establishments. It requires employers to fix wage periods of no more than one month and pay wages on or before the expiry of the seventh or tenth day after the end of the wage period. The Act mandates maintenance of registers and records related to wages. It designates inspectors to ensure compliance and imposes penalties for violations like non-payment or late payment of wages.
This document outlines key sections of the Payment of Wages Act of 1936. It discusses definitions such as "employed person", "employer", and "wages." It covers requirements for employers such as fixing wage periods of no more than one month, deadlines for paying wages, permissible deductions from wages, and maintenance of wage records. The document also discusses powers of inspection, dispute resolution authorities, offenses and penalties, and rule-making powers of state governments.
This document is the Factories Act of 1948 from India. Some key points:
- It consolidates and amends previous laws regulating labor in factories.
- It defines various terms including what constitutes a factory (premises with 10+ workers with power or 20+ without).
- It covers issues like working hours, holidays, leaves, welfare provisions, health and safety standards.
- The State Government is given powers like declaring factory departments as separate units, exempting factories in public emergencies for up to 3 months.
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Payment of bonus act
1. THE PAYMENT OF GRATUITY ACT, 1972
CONTENTS
Sections :
1. Short title, extent, application and commencement
2. Definitions
2A. Continuous service
3. Controlling authority
4. Payment of gratuity
4A. Compulsory insurance
5. Power to exempt
6. Nomination
7. Determination of the amount of gratuity
7A. Inspectors
7B. Powers of Inspectors
8. Recovery of gratuity
9. Penalties
10. Exemption of employer from liability in certain cases
11. Congnizance of offences
12. Protection of action taken in good faith
13. Protection of gratuity
14. Act to override other enactments, etc.
15. Power to make rules PAYMENT OF GRATUITY ACT, 1972[39 OF 1972]
An Act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines,
oilfields, plantations, ports, railway companies, shops or other establishments and for matters
connected therewith or incidental thereto.
BE it enacted by Parliament in the Twenty-third Year of Republic of India as follows :—
Short title, extent, application and commencement.
2. 1. (1) This Act may be called the Payment of Gratuity Act, 1972.
(2) It extends to the 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.
(3) 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.
1[(3A) A shop or establishment to which this Act has become applicable shall continue to be
governed by this Act notwithstanding that the number of persons employed therein at any time
after it has become so applicable falls below ten.]
(4) It shall come into force on such date as the Central Government may, by notification, appoint.
Definitions.
2. In this Act, unless the context otherwise requires,—
(a) “appropriate Government” means,—
(i) in relation to an establishment—
(a) belonging to, or under the control of, the Central Government (b) having branches in more than one State,
(c) of a factory belonging to, or under the control of, the Central Government,
(d) of a major port, mine, oilfield or railway company, the Central Government,
(ii) in any other case, the State Government;
(b) “completed year of service” means continuous service for one year ;
2*(c) “continuous service” means continuous service as defined in section 2A;]
(d) “controlling authority” means an authority appointed by the appropriate Government
3. under section 3 ;
(e) “employee” means any person (other than an apprentice) employed on wages, 3** * *+ in any
establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any
skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether
the terms of such employment are express or implied,
4[and whether or not such person is
employed in a managerial or administrative capacity, but does not include any such
person who holds a post under the Central Government or a State Government and is
governed by any other Act or by any rules providing for payment of gratuity].
Explanation : 5[* * *]
(f) “employer” means, in relation to any establishment, factory, mine, oilfield, plantation,
port, railway company or shop
(i) belonging to, or under the control of, the Central Government or a State Government,
a person or authority appointed by the appropriate 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,
(ii) belonging to, or under the control 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,
(iii) 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 ;
(g) “factory” has the meaning assigned to it in clause (m) of section 2 of the Factories Act,
1948 (63 of 1948);
(h) “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
4. unmarried, his dependent parents 6[and the dependent parents of his wife 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 and children of her predeceased son, if any :
7[* * *]
Explanation : 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 ;
(i) “major port” has the meaning assigned to it in clause (8) of section 3 of the Indian Ports
Act, 1908 (15 of 1908) ;
(j) “mine” has the meaning assigned to it in clause (j) of suub-section (1) of section 2 of the
Mines Act, 1952 (35 of 1952) ;
(k) “notification” means a notification published in the Official Gazette ;
(l) “oilfield” has the meaning assigned to it in clause (e) of section 3 of the Oilfields
(Regulation and Development) Act, 1948 (53 of 1948) ;
(m) “plantation” has the meaning assigned to it in clause (f) of section 2 of the Plantations
Labour Act, 1951 (69 of 1951) ;
(n) “port” has the meaning assigned to it in clause (4) of section 3 of the Indian Ports Act,
1908 (15 of 1908) ;
(o) “prescribed” means prescribed by rules made under this Act ;
(p) “railway company” has the meaning assigned to it in clause (5) of section 3 of the Indian
Railways Act, 1890 (9 of 1890) ;
(q) “retirement” means termination of the service of an employee otherwise than on
superannuation ;
5. 8*(r) “superannuation”, in relation to an employee, means the attainment by the employee of
such age as is fixed in the contract or conditions of service at the age on the attainment of
which the employee shall vacate the employment ;]
(s) “wages” 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.
9[Continuous service.
2A. For the purposes of this Act, —
(1) an employee shall be said to be in continuous service for a period if he has, for that period,
been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave,
absence from duty without leave (not being absence in respect of
which an order 10[* * *] treating the absence as break in service has been passed in
accordance with the standing order, rules or regulations governing the employees of the
establishment), lay off, strike or a lock-out or cessation of work not due to any fault of the
employee, whether such uninterrupted or interrupted service was rendered before or after
the commencement of this Act.
(2) where an employee (not being an employee employed in a seasonal establishment) is not in
continuous service within the meaning of clause (1), for any period of one year or six
months, he shall be deemed to be in continuous service under the employer —
(a) 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 —
(i) one hundred and ninety 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
(ii) two hundred and forty days, in any other case;
6. (b) 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—
(i) ninety-five 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
(ii) one hundred and twenty days, in any other case;
11[Explanation: For the purpose of clause (2), the number of days on which an employee
has actually worked under an employer shall include the days on which —
(i) he has been laid-off under an agreement or as permitted by standing orders made
under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or
under the Industrial Disputes Act, 1947 (14 of 1947), or under any other law
applicable to the establishment ;
(ii) he has been on leave with full wages, earned in the previous year;
(iii) he has been absent due to temporary disablement caused by accident arising out
of and in the course of his employment ; and
(iv) in the case of a female, she has been on maternity leave ; so, however, that the
total period of such maternity leave does not exceed twelve weeks.]
(3) where an employee employed in a seasonal establishment, is not in continuous service
within the meaning of clause (7), for any period of one year or six months, he shall be
deemed to be in continuous service under the employer for such period if he has actually
worked for not less than seventy-five per cent of the number of days on which the
establishment was in operation during such period.]
Controlling authority.
3. The appropriate Government may, by notification, appoint any officer to be a controlling
authority, who shall be responsible for the administration of this Act and different controlling
authorities may be appointed for different areas.
Payment of gratuity.
7. 4. (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:
12[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 nominees or heirs 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.]
Explanation : For the purposes of this section, disablement means such disableement as
incapacitates an employee for the work which he was capable of performing before the accident or
disease resulting in such disablement.
(2) 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 13[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.
14*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
8. the quotient by fifteen].
(3) The amount of gratuity payable to an employee shall not exceed 15[
15a[three lakhs and fifty
thousand] rupees].
(4) 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.
(5) 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.
(6) Notwithstanding anything contained in sub-section (1), —
(a) the gratuity of an employee, whose services have been terminated for any act, wilful
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) the gratuity payable to an employee 16[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 the services of such employee have been terminated for any act which constitutes anoffence involving moral
turpitude, provided that such offence is committed by him in the
course of his employment.
(7) 17[* * *]
18[Compulsory insurance.
4A. (1) With effect from such date as may be notified by the appropriate Government in this
behalf, every employer, other than an employer or an establishment belonging to, or under the
control of, the Central Government or a State Government, shall, subject to the provisions of subsection (2), obtain
an insurance in the manner prescribed, for his liability for payment towards
the gratuity under this Act, from the Life Insurance Corporation of India established under the
Life Insurance Corporation of India Act, 1956 (31 of 1956) or any other prescribed insurer :
9. Provided that different dates may be appointed for different establishments or class of
establishments or for different areas.
(2) The appropriate Government may, subject to such conditions as may be prescribed, exempt
every employer who had already established an approved gratuity fund in respect of his
employees and who desires to continue such arrangement, and every employer employing five
hundred or more persons who establishes an approved gratuity fund in the manner prescribed
from the provisions of sub-section (1).
(3) For the purpose of effectively implementing the provisions of this section, every employer shall
within such time as may be prescribed get his establishment registered with the controlling red to in sub-section
(1) or has established an
approved gratuity fund referred to in sub-section (2).
(4) The appropriate Government may, by notification, make rules to give effect to the provisions of
this section and such rules may provide for the composition of the Board of Trustees of the
approved gratuity fund and for the recovery by the controlling authority of the amount of the
gratuity payable to an employee from the Life Insurance Corporation of India or any other insurer
with whom an insurance has been taken under sub-section (1), or as the case may be, the Board
of Trustees of the approved gratuity fund.
(5) Where an employer fails to make any payment by way of premium to the insurance referred to
in sub-section (1) or by way of contribution to an approved gratuity fund referred to in subsection (2), he shall be
liable to pay the amount of gratuity due under this Act (including interest,
if any, for delayed payments) forthwith to the controlling authority.
(6) Whoever contravenes the provisions of sub-section (5) shall be punishable with fine which may
extend to ten thousand rupees and in the case of a continuing offence with a further fine which
may extend to one thousand rupees for each day during which the offence continues.
Explanation : In this section “approved gratuity fund” shall have the same meaning as in clause
(5) of section 2 of the Income-tax Act, 1961 (43 of 1961)].
Power to exempt.
5. 19[(1) The appropriate Government may, by notification, and subject to such conditions as may
10. be specified in the notification, exempt any establishment, factory, mine, oilfield, plantation, port,
railway company or shop to which this Act applies from the operation of the provisions of this Act
if, in the opinion of the appropriate Government, the employees in such establishment, factory,
mine, oilfield, plantation, port, railway company or shop are in receipt of gratuity or pensionary
benefits not less favourable than the benefits conferred under this Act.
20(2) The appropriate Government may, by notification and subject to such conditions as may be
specified in the notification, exempt any employee or class of employees employed in any
establishment, factory, mine, oilfield, plantation, port, railway company or shop to which this Act
applies from the operation of the provisions of this Act, if, in the opinion of the appropriate
Government, such employee or class of employees are in receipt of gratuity or pensionary benefits
not less favourable than the benefits conferred under this Act.]
21[(3) A notification issued under sub-section (1) or sub-section (2) may be issued retrospectively a
date not earlier than the date of commencement of this Act, but no such notification shall be
issued so as to prejudicially affect the interests of any person.]
Nomination.
6. (1) Each employee, who has completed one year of service, shall make, within such time, in
such form and in such manner, as may be prescribed, nomination for the purpose of the second
proviso to sub-section (1) of section 4.
(2) An employee may, in his nomination, distribute the amount of gratuity payable to him under
this Act amongst more than one nominee.
(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.
(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, within such time as may
be prescribed, a fresh nomination in favour of one or more members of his family.
11. (5) A nomination may, subject to the provisions of sub-sections (3) and (4), be modified by an
employee at any time, after giving to his employer a written notice in such form and in such
manner as may be prescribed, of his intention to do so.
(6) If a nominee predeceases the employee, the interest of the nominee shall revert to the
employee who shall make a fresh nomination, in the prescribed form, in respect of such interest.
(7) Every nomination, fresh nomination or alteration of nomination, as the case may be, shall be
sent by the employee to his employer, who shall keep the same in his safe custody.