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’