(1) Any employee wno is gratuity on superannuatio,1 under autnoriseci in writing to acz on his application to the employer within form as may be prescribeu.
eligible for payment of this Act or any person behalf shall send a written such time and in such Determination of the amount of gratuity.
, (2) As soon as the amount of 'gratuity becomes payable, the employer shall give 4.xice in writing to the person to whom tne gratuity is payable and to the controlling authority specifying the amount of gratuity and the employer. shalt arrange to pay such amount within such time as may be prescribed to that person.
(3) If there is any dispute as, to the amount of gratuity payable or as to the admissibility of the claim, the controlling authority, on an application made to it in this behalf in such manner ,as may be prescribed, shall determine the amount after due inquiry and if any amount is found to be due, the controlling officer shall direct the employer to pay the same to the person referred to in sub-section t2) within such time as may be prescribed.
(4) No order shall be made under sub-section (3) unless the parties to the dispute have been given a reasonable opportunity of being heard.
(5) For the purpose of conducting an inquiry under subsection (3), the controlling authority shall have the same powers as are vested in a court while trying a suit under the Code of Civil Procedure, 1908, in respect of the followingp matters;namely:—
(a) enforcing the attendance of any person or examining him on oath ;
(b) requiring the discovery and production of documents ;
(c) receiving evidence on affidavits ;
(d) issuing commissions for the examination of witnesses.
(6) Any inquiry under this section shall be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the Indian Penal Code.
t7) Any person aggrieved by an order under sub-section
(3) may prefer an appeal, to the State Government or such other authority as may be specified by the State Government in this behalf, within sixty days from the date of the receipt of the order and the decision of the State Government or other authority on such appeal shall be final.
Essigal Ast Hi of 1911.
8. If the amount of gratuity under this Act is not paid.
by the employer, within the .time prescribed to the person entitled thereto, the controlling authority shall, on an application made to it in this behalf by the aggrieved person, issue a certificate for that amount to the Collector who shall recover the same as arrears of land revenue under the provisions of the Bengal Public Demands Recovery Act, 1913, and pay the same tc the person entitled thereto.
5 of 1808.
46 of 1660.
ResoverY of gratuity.
1632(1) THE CALCUTTA GAZETTE, EXTRAORDINARY, AUGUST 28, 1971 WARY V Penalties. 9. (1) Whoever, for the purpose of avoiding any payment to be made by himself under this Act or of enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representation shall be punishable withilimprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
(2) An employer who contravenes, or makes default in complying with any of the provisions of this Act or any rule made thereunder shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.
Cognizance 10. (1) No court shall take cognizance of any offence of offences. punishable under this Act save on a complaint made by or under the authority of the State Government.
(2) No court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence punishable under this Act.
Protection 11. No suit or other legal proceeding shall lie against the for acts controlling authority cr any other person in respect of anydone in thing which is in good faith done or intended to be done under good faith.
this Act or any rules made thereunder.
Power to 12. (1) The State Government may, by notification, make triakeruIee. rules for the purpose of carrying into effect the provisions of this Act.
(2) Every rule made under this Act shall be laid; as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and, if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule, or decides that the rule shall not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Repeal and 'twinge.
13. (/) The West Bengal Employees' Payment of Compulsory Gratuity Ordinance, 1971, is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act as if this Act hart come into force on the 14th day of June, 1971.
V. V. GIRT,.
President.
N. D. P. NAMBOOD1RIPAD, West Bengal Orshnanoe I of 1971.
PART V] THE CALCUTTA GAZETTE, EXTRAORDINARY, AUGUST 28, 1971 1632(m) REASONS FOR THE ENACTMENT On the 3rd June, 1971, the Governor of West Bengal promulgated an Ordinance entitled tile West Bengal Employees' Payment of Compulsory Gratuity Ordinance, 1971. The said Ordinance provides for payment of gratuity to all employees employed in West Bengal in establisnments griverned by the Factories Act, 1948, Plantations Labour Act, 1951 or the West Bengal Shops and Establishments Act, 1963. linden the Ordinance, gratuity is payable to every employee who has rendered not less than five years of continuous service on his superannuation, retirement or resignation or death or total, disablement due to accident or disease. The gratuity is payable at the rate of fifteen days' wages for every completed year of service subject to a maximum of fifteen months' wages.
The Ordinance, - hovvev.sr, ern nov ers the State Government to exempt any factory, plantation or establishment from the provisions of the Ordinance if in the opinion of that Government the employees or any class of employees in such factory, plantation or establishment are in receipt of benefits better than the benefits conferred under the Ordinance.
2. The present enactment seeks to replace the said Ordinance with certain modifications mentioned below:- 0) the operation of the enactment has been limited in relation to shops or establishments as defined in the West Bengal Shops and Establishments Act, 1963, in which ten or more persons are employed,
(ii) the benefit of gratuity under the proposed enactment has been restricted to those employees whose wages do not exceed seven hundred and fifty, rupees per mensem or who do not hold a civil post under the Central or State Government,
(iii) the age of superannuation of an employee for the purpose of entitlement to gratuity has been fixed, as fifty-eight years in cases where the age of superannuation is not stipulated in the contract or conditions of service of that employee or where no such contract subsists or no conditions of service have been specified,
(iv) wages have been so defined as to include dearness allowance but not house rent allowance,
(v) the qualifying period of five years of continuous service for entitlement to gratuity will not be applicable in the case of death or total disablement due to accident or disease of the employee,
(vi) an employee shall be disentitled to gratuity if his employment is terminated for gross misconduct,
(vii) a factory, plantation, shop or establishment would now be eligible for exemption if the employees therein are in receipt of benefits which are not less favourable than those provided under the present enactment.
3. The Committee constituted under the proviso to subsection (2) of section 3 of the West Bengal State Legislature (Delegation of Powers) Act, 1971 01 of 1971), has been consulted before enactment of this measure as a President's Act.
P. M. NAYAK, Secy. to the Govt. of India, Department of Labour and Employment.
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