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Which of the following is wrong statement .
No gratuity payable under the Act shall be liable to attachment in execution of any decree or order of any civil, revenue or criminal court.
The Payment of Gratuity (Amendment) Act, 1987 has prescribed provisions for compulsory insurance for employer’s liability for payment towards the gratuity under the Act from the Life Insurance Corporation of India or any other prescribed Insurer.
Once the Payment of Gratuity Act becomes applicable to the establishment, a notice in Form ‘A’ has to be given by the employer to the controlling authority within 30 days. Notice in Form ‘B’ is to be given to the controlling authority within 30 days of any change in name, address, employer or nature of business. If an employer proposes to close down the business, he shall submit a notice in Form ‘C’ to the Controlling Authority at least 60 days before the intended closure.
This act is not applicable to public charitable and religious trusts
Salient features of the Payment of Gratuity Act, 1972 - The Act is a self-contained and an exhaustive Act and the provisions of this Act and rules made under it have an overriding effect on all other Acts or instruments or contracts so far as they are inconsistent with this Act. The Act is fairly sweeping in coverage, as it applies to all factories, mines, oil fields, plantations, ports and railways irrespective of the number of workmen employed by them. It also covers shops and establishments employing 10 or more persons. The Act gives a statutory right of gratuity to all the employees, who have rendered five years’ continuous service and whose services stand terminated after coming into force of the Act on account of superannuation, or retirement, or resignation, or death or disablement. The Act provides both executive and quasi-judicial machinery for matters pertaining to nomination, determination and recovery of gratuity. The executive machinery pertains to maintenance of records regarding opening, change or closure of establishments, display of notices and maintenance of records by the controlling authority. 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. When the employer has declined or avoided payment of gratuity, then an application is required to be made to the Controlling Authority. The machinery provided for recovery rests with the Controlling Authority. The orders of the Controlling Authority for payment or determination of gratuity are applicable before the appropriate government or the appellate authority.
By: Yachna ProfileResourcesReport error
Khs kaushik
Gratuity not applicable to Public charitable and religious trusts as per SVS agarwal vs KL agarwal 1996 case
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