posted Jul 11, 2012, 10:14 AM by Law Kerala
[
updated Jul 11, 2012, 10:15 AM
]
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 :
Section:
1
Short title, extent, application and commencement.
(1) This
Act may be called the Payment of Grataity 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, or, any day of the preceding
twelve months, as the Central Government may, by notification, specify in
this behalf.
(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.
Section:
2
Definitions.
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 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 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
sub-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;
[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 arc paid or arc 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.
Section:
2A
Continuous service.
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 [***] 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;
(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;
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 applicab1c 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 (1), 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.
Section:
3
Controlling authority
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.
Section: 4
Payment of gratuity.
(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:
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 disablement 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 [an employee who is employed in a seasonal
establishment and who is riot so employed throughout the year], the
employer shall pay the gratuity at the rate of seven days wages for each
season.
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 the quotient by fifteen.
(3) The amount of
gratuity payable to an employee shall not exceed 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 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 an offence involving moral turpitude, provided that such
offence is committed by him in the course of his employment.
(7) [***]
Section:
4A
Compulsory insurance
(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 sub-section (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:
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 authority in the prescribed manner and no
employer shall be registered under the provisions of this section unless he
has taken an insurance referred 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 all approved gratuity fund
referred to in sub-section (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)].
Section: 5
Power to exempt
(1) The appropriate
Government may, by notification, and subject to such conditions as may 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.
(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.
(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.
Section:
6
Nomination.
(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, afresh
nomination in favour of one or more members of his family.
(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.
Section: 7
Determination of the amount of gratuity.
(1) A person who is
eligible for payment of gratuity under this Act or any person authorised,
in writing, to act on his behalf shall send a written application to the
employer, within such time and in such form, as may be prescribed, for
payment of such gratuity.
(2) As soon as gratuity
becomes payable, the employer shall, whether an application referred to in
sub-section (1) has been made or not, determine the amount of gratuity and
give notice in writing to the person to whom the gratuity is payable and
also to the controlling authority specifying the amount gratuity so
determined.
(3) The employer shall
arrange to pay the amount of gratuity within thirty days from the date it
becomes payable to the person to whom the gratuity is payable.
(3A) If the amount of
gratuity payable under sub-section (3) is not paid by the employer within
the period specified in sub-section (3), the employer shall pay, from the
date on which the gratuity becomes payable to the date on which it is paid,
simple interest at such rate, not exceeding the rate notified by the
Central Government from time to time for repayment of long-term deposits,
as that Government may, by notification specify:
Provided
that no such interest shall be payable if the delay in the payment is due
to the fault of the employee and the employer has obtained permission in
writing from the controlling authority for the delayed payment on this
ground.]
(4)
(a) If
there is any dispute as to the amount of gratuity payable to an employee
under this Act or as to the admissibility of any claim of, or in relation
to, an employee for payment of gratuity, or as to the person entitled to
receive the gratuity, the employer shall deposit with the controlling
authority such amount as he admits to be payable by him as gratuity.
(b)
Where there is a dispute with regard to any matter or matters specified in
clause (a), the employer or employee or any other person raising the
dispute may make an application to the controlling authority for deciding
the dispute.]
(c)] The
controlling authority shall, after due inquiry and after giving the parties
to the dispute a reasonable opportunity of being heard, determine the
matter or matters in dispute and if, as a result of such inquiry any amount
is found to be payable to the employee, the controlling authority shall
direct the employer to pay such amount or, as the case may be, such amount
as reduced by the amount already deposited by the employer.]
(d)The
controlling authority shall pay the amount deposited, including the excess
amount, if any, deposited by the employer, to the person entitled thereto.
(e)As
soon as may be after a deposit is made under clause (a), the controlling
authority shall pay the amount of the deposit -
(i) to the
applicant where he is the employee; or
(ii) where
the applicant is not the employee, to the nominee or, as the case may be,
the guardian of such nominee or] heir of the employee if the controlling
authority is satisfied that there is no dispute as to the right of the
applicant to receive the amount of gratuity.
(5) For the purpose of
conducting an inquiry under sub-section (4), 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 (5 of 1908), in respect of the
following 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,
1860 (45 of 1860).
(7) Any person aggrieved
by an order under sub-section (4) may, within sixty days from the date of
the receipt of the order, prefer an appeal to the appropriate Government or
such other authority as may be specified by the appropriate Government in
this behalf:
Provided
that the appropriate Government or the appellate authority, as the case may
be, may, if it is satisfied that the appellant was prevented by sufficient
cause from preferring the appeal within the said period of sixty days,
extend the said period by a further period of sixty days.
Provided further
that no appeal by an employer shall be admitted unless at the time of
preferring the appeal, the appellant either produces a certificate of the
controlling authority to the effect that the appellant has deposited with
him an amount equal to the amount of gratuity required to be deposited
under subsection (4), or deposits with the appellate authority such
amount.]
(8) The appropriate
Government or the appellate authority, as the case may be, may, after
giving the parties to the appeal a reasonable opportunity of being heard,
confirm, modify or reverse the decision of the controlling authority.
Section:
7A
Inspectors
(1) The appropriate
Government may, by notification, appoint as many Inspectors, as it deems
fit, for the purposes of this Act.
(2) The appropriate
Government may, by general or special order, define the area to which the authority
of an Inspector so appointed shall extend and where two or more Inspectors
are appointed for the same area, also provide, by such order, for the
distribution or allocation of work to be performed by them under this Act.
(3) Every Inspector shall
be deemed to be a public servant within the meaning of section 21 of the
Indian Penal Code, 1860 (45 of 1860).
Section: 7B
Powers of Inspectors.
(1) Subject to any rules
made by the appropriate Government in this behalf, an Inspector may, for
the purpose of ascertaining whether any of the provisions of this Act or
the conditions, if any, of any exemption granted there under, have been
complied with, exercise all or any of the following powers, namely:
(a)
require an employer to furnish such information as he may consider
necessary
(b)
enter and inspect, at all reasonable hours, with such assistants (if any),
being persons in the service of the Government or local or any public
authority, as he thinks fit, any premises of or place in any factory, mine,
oilfield, plantation, port, railway company, shop or other establishment to
which this Act applies, for the purpose of examining any register, record
or notice or other document required to be kept or exhibited under this Act
or the rules made there under, or otherwise kept or exhibited in relation
to the employment of any person or the payment of gratuity to the
employees, and require the production thereof for inspection;
(c)
examine with respect to any matter relevant to any of the purposes
aforesaid, the employer or any person whom he finds in such premises or
place and who, he has reasonable cause to believe, is an employee employed
therein;
(d) make
copies of, or take extracts from, any register, record, notice or other
document, as he may consider relevant, and where he has reason to believe
that any offence under this Act has been committed by an employer, search
and seize with such assistance as he may think fit, such register, record,
notice or other document as he may consider relevant in respect of that
offence;
(e)
exercise such other powers as may be prescribed.
(2) Any person required
to produce any register, record, notice or other document or to give any
information by an Inspector under sub-section (1) shall be deemed to be
legally bound to do so within the meaning of sections 175 and 176 of the
Indian Penal Code 1860 (45 of 1860).
(3) The provisions of the
Code of Criminal Procedure, 1973 (2 of 1974) shall so far as may be, apply
to any search or seizure under this section as they apply to any search or
seizure made under the authority of a warrant issued under section 94 of
that Code.]
Section: 8
Recovery of gratuity.
If the amount of gratuity
payable under this Act is not paid by the employer, within the prescribed
time, 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,
together with compound interest thereon at such rate as the Central
Government may, by notification, specify,] from the date of expiry of the
prescribed time, as arrears of land revenue and pay the same to the person
entitled thereto :
Provided
that the controlling authority shall, before issuing a certificate under this
section, give the employer a reasonable opportunity of showing cause
against the issue of such certificate:
Provided further
that the amount of interest payable under this section shall, in no case
exceed the amount of gratuity payable under this Act.
Section:
9
Penalties.
(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
with imprisonment for a term which may extend to six months, or with fine
which may extend to ten 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 or order made there under shall be punishable with
imprisonment for a term which shall not be less than three months but which
may extend to one year, or with fine which shall not be less than ten
thousand rupees but which may extend to twenty thousand rupees, or with
both:
Provided
that where the offence relates to non-payment of any gratuity payable under
this Act, the employer shall be punishable with imprisonment for a term
which shall not be less than [36] [Six months but which may extend to two
years] unless the court trying the offence, for reasons to be recorded by
it in writing, is of opinion that a lesser term of imprisonment or the
imposition 01; a fine would meet the ends of justice.
Section: 10
Exemption of employer from liability in certain cases.
Where an employer is
charged with an offence punishable under this Act, he shall be entitled,
upon complaint duly made by him and on giving to the complainant not less
than three clear days notice in writing of his intention to do so, to have
any other person whom he charges as the actual offender brought before the
court at the time appointed for hearing the charge; and if, after the
commission of the offence has been proved, the employer proves to the
satisfaction of the court -
(a) that
he has used due diligence to enforce the execution of this Act, and
(b) that
the said other person committed the offence in question without his
knowledge, consent or connivance, that other person shall be convicted of
the offence and shall be liable to the like punishment as if he were the
employer and the employer shall be discharged from any liability under this
Act in respect of such offence:
Provided
that in seeking to prove as aforesaid, the employer may be examined on oath
and his evidence and that of any witness whom he calls in his support shall
be subject to cross examination on behalf of the person he charges as the
actual offender and by the prosecutor:
Provided further
that, if the person charged as the actual offender by the employer cannot
be brought before the court at the time appointed for hearing the charge,
the court shall adjourn the hearing from time to time for a period not
exceeding three months and if by the end of the said period the person
charged as the actual offender cannot still be brought before the court,
the court shall proceed to hear the charge against the employer and shall,
if the offence be proved, convict the employer.
Section: 11
Cognizance of offences.
(1) No court shall take
cognizance of any offence punishable under this Act save on a complaint
made by or under the authority of the appropriate Government:
Provided
that where the amount of gratuity has not been paid, or recovered, within
six months from the expiry of the prescribed time, the appropriate
Government shall authorise the controlling authority to make a complaint
against the employer, whereupon the controlling authority shall, within
fifteen days from the date of such authorisation, make such complaint to a
Magistrate having jurisdiction to try the offence.
(2) No court inferior to
that of a Metropolitan Magistrate or a Judicial Magistrate of the first
class shall try any offence punishable under this Act.
Section:
12
Protection of action taken in good faith.
No suitor other legal
proceeding shall lie against the controlling authority or any other person
in respect of anything which is in good faith done or intended to be done
under this Act or any rule or order made there under.
Section: 13
Protection of gratuity.
No gratuity payable under
this Act and no gratuity payable to an employee employed in any
establishment, factory, mine, oilfield, plantation, port, railway company
or shop exempted under section shall be liable to attachment in execution
of any decree or order of any civil, revenue or criminal court.
Section: 14
Act to override other enactments, etc.
The provisions of this
Act or any rule made there under shall have effect notwithstanding anything
inconsistent therewith contained in any enactment other than this Act or
in any instrument or contract having effect by virtue of any enactment
other than this Act.
Section: 15
Power to make rules.
(1) The appropriate
Government may, by notification make rules for the purpose of carrying out
the
provisions of this Act.
(2) Every rule made by
the Central Government under this Act shall be laid, as soon as may be
after it is made, before each House of Parliament while it is in session,
for a total period of thirty days which may be comprised in one session or
in two or more successive sessions, and if, before the expiry of the
session ii-immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or both
Houses agree that the rule should 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.