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Penalties - Payment of Gratuity Act(1972), Industrial Laws | Industrial Laws - B Com PDF Download
(1) Whoever, for the purpose of avoiding any payment to be made by himself under this Act or of enabling any otherperson to avoid such payment, knowingly makes or causes to be made any false statement or false representation shallbe punishable with imprisonment for a term which may extend to six months or with fine which may extend to tenthousand rupees or with both.
(2) An employer who contravenes, or make default in complying with, any of the provisions of this Act or anyrule or order made thereunder shall be punishable with imprisonment for a term which shall not be less than three monthsbut which may extend to one year, or with fine which shall not be less than ten thousand rupees but which may extendto twenty thousand rupees, or with both.
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| 1. What are the penalties for non-payment of gratuity under the Payment of Gratuity Act (1972)? |  |
Ans. According to the Payment of Gratuity Act (1972), if an employer fails to pay gratuity to an employee within 30 days from the date it becomes due or denies the payment without reasonable cause, they may be liable for penalties. The penalties include imprisonment for a term which may extend up to six months, or a fine which can go up to ten thousand rupees, or both.
| 2. Is there a time limit for the employer to make the payment of gratuity under the Payment of Gratuity Act (1972)? | |
Ans. Yes, as per the Payment of Gratuity Act (1972), an employer is required to make the payment of gratuity to an employee within 30 days from the date it becomes due. If the employer fails to comply with this time limit, they may be liable for penalties.
| 3. Can an employer deny the payment of gratuity to an employee? | |
Ans. An employer cannot deny the payment of gratuity to an employee without reasonable cause. If an employer denies the gratuity payment without a valid reason, they may be liable for penalties under the Payment of Gratuity Act (1972), including imprisonment for up to six months or a fine up to ten thousand rupees, or both.
| 4. What is the purpose of the Payment of Gratuity Act (1972)? | |
Ans. The Payment of Gratuity Act (1972) aims to provide financial security and social welfare to employees by ensuring that they receive a gratuity payment upon retirement, resignation, or death. This act applies to establishments employing ten or more persons in industries such as factories, mines, oilfields, plantations, ports, railway companies, and more.
| 5. Can an employee claim gratuity if they have not completed five years of continuous service? | |
Ans. According to the Payment of Gratuity Act (1972), an employee can claim gratuity even if they have not completed five years of continuous service in certain circumstances. If an employee's service is terminated due to death or disablement, or if the service is terminated due to an accident or disease resulting in their inability to continue working, the employee is eligible to receive gratuity even if they have not completed five years of service.
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