Payment of Graduity Act

Only available on StudyMode
  • Download(s) : 70
  • Published : February 6, 2013
Open Document
Text Preview
11(3) The Haryana Payment of Gratuity Rules, 1972

INDEX

THE PAYMENT OF GRATUITY ACT, 1972
Section Particulars s Introduction 1. 2. 2A. 3. 4. 4A. 5. 6. 7. 7A. 7B. 8. 9. 10. 11. 12. 13. 14. 15. Short title, extent, application and commencement Definitions Continuous service Controlling authority Payment of gratuity Compulsory insurance Power to exempt Nomination Determination of the amount of gratuity Inspectors Powers of Inspectors Recovery of gratuity Penalties Exemption of employer from liability in certain cases Cognizance of offences Protection of action taken in good faith Protection of gratuity Act to override other enactments, etc. Power to make rules

11(3) The Haryana Payment of Gratuity Rules, 1972

THE PAYMENT OF GRATUITY ACT, 1972
INTRODUCTION The Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955) under section 5 provided for the payment of gratuity to the journalist. But there was no other Central Act which provided for the payment of gratuity to industrial workers. The Government of Kerala enacted legislation for payment of gratuity to workers employed in factories, plantations, shops and establishments. The Governor of West Bengal promulgated an Ordinance on 3rd June, 1971 wherein a scheme for payment of gratuity was enacted- The Ordinance was later replaced by the West Bengal Employees’ Payment of Compulsory Gratuity Act, 1971 enacted by the President on 28th August, 1971. Gratuity was also being paid by some employers to their workers under Awards and Agreements. Since the enactment of the Kerala and West Bengal Acts, some other State Governments also wanted to enact similar measures. Taking into account the intention of the State Governments it was felt necessary to have a Central law on the subject so as to ensure a uniform pattern of payment of gratuity to the employees throughout the country. The proposal for Central legislation on gratuity was discussed in the Labour Ministers’ Conference held al New Delhi on 24th and 25th August, 1971 and also in the Indian Labour Conference at its session held on 22nd and 23rd October, 1971. There was general agreement at the Labour Ministers’ Conference and the Indian Labour Conference that Central legislation on payment of gratuity might be undertaken at the earliest. Accordingly the Payment of Gratuity Bill was introduced in the Parliament. STATEMENT OF OBJECTS AND REASONS There is at present no Central Act to regulate the payment of gratuity to industrial workers, except the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955. The Government of Kerala enacted legislation last year for payment of gratuity to workers employed in factories, plantations, shops and establishments. The West Bengal Governor Promulgated an Ordinance on the 3rd June, 1971 prescribing a similar scheme of gratuity. This Ordinance has since been replaced by the West Bengal Employees’

11(3) The Haryana Payment of Gratuity Rules, 1972

Payment of Compulsory Gratuity Act, 1971, enacted by the President on 28th August, 1971. Gratuity is also being paid by some employers to their workers under Awards and Agreements. Since the enactment of the Kerala and the West Bengal Acts, some other State Governments have also voiced their intention of enacting similar measures in their respective States. It has become necessary; therefore, no have a Central law on the subject so as to ensure a uniform pattern of payment of gratuity to the employees throughout the country. The enactment of a Central law would also avoid different treatment to the employees of establishments having branches in more than one State when, under the conditions of their service, the employees are liable to transfer from one State to another. The proposal for Central legislation on gratuity was discussed in the Labour Ministers’ Conference held at New Delhi on 24th and 25th August, 1971 and also in the Indian Labour Conference at its session...
tracking img