Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com GUJARAT RAJYA KHADI GRAMODYOG BOARD EMPLOYEES GRATUITY REGULATIONS, 1971 CONTENTS 1. Short title and commencement 2. For purpose of these Regulations 3. 3 4. 4 5. 5 6. 6 7. 7 8. 8 9. 9 10. 10 11. 11 GUJARAT RAJYA KHADI GRAMODYOG BOARD EMPLOYEES GRATUITY REGULATIONS, 1971 In exercise of the powers conferred by clause (b) of sub-section (2) of section 30. read with sub-section (3) of section 7 of Bombay Khadi and Village Industries Act, 1960 (Bom. IX of 1960), the Gujarat Rajya Khadi Gramodyog Board with the previous sanction of the Government of Gujarat vide IMPD letter No. VIS- 1069-431 - 31-KH, dated 11th March, 1971 hereby makes the following regulations, namely:- 1. Short title and commencement :- These regulations shall be called the Gujarat Rajya Khadi Gramodyog Board Employees Gratuity Regulations, 1971. 2. For purpose of these Regulations :- (i) "Board" means the Gujarat Rajya Khadi Gramodyog Board: (ii) "Approved Service" means the service rendered by an employee which in the opinion of the appointing authority is good, efficient and faithful: (iii) The expression "Disability" shall mean permanent mental or physical incapacity for further service as may be certified by the medical authority approved by the Board; (iv) "Continuance Service" shall include service rendered by an employee in the previous (i.e., predecessor) Board on interruption of break in service at any time in this regard: (v) "pay" means basic pay drawn monthly by an as pay other than Social Pay, Personal Pay but includes Dearness pay: (vi) "Average Pay" shall mean the average of the pay actually drawn during the 36 months preceding the month in which the claim for gratuity arises: Provided that where the claim occurs in respect of an employee with less than 36 months of continuous service, the average shall be taken in respect of such actual period only. (vii) "Year of Service" shall be a completed year, 180 days or more of approved service in the case of a fraction of year being reckoned as if it were a completed year; (viii) Words and expressions used in these regulations but not defined shall have the same meaning assigned to them in the Bombay Khadi and Village Industries Act, 1960. 3. 3 :- Save as otherwise provided, these regulations shall be deemed to have come into force with effect from 1st April, 1969. 4. 4 :- These regulations shall apply to all the regular employees of the Gujarat Rajya Khadi Gramodyog Board except those who are part- t im e employees or are employees appointed on contract for specified period or on Special Terms or are on work-charged establishment or have not completed the period of their probation or training. 5. 5 :- Minimum service to qualify for payment of gratuity shall except in case of death or disability be 7 years continuous approved service 6. 6 :- No gratuity shall be payable nor granted to any employee whoever if he has rendered continuous service of the prescribed number of year, is retired or dismissed from service for misconduct 7. 7 :- An employee who has rendered the minimum qualifying service as provided in Regulation 5 shall be eligible to get as gratuity a month's average OR Rs. 750 pay whichever is less for each completed year of service OR 15 months pay whichever is lower: Provided that the sum so payable shall be reduced by the amount of any compensation payable to the employee under the Industrial Disputes Act, 1947, or any other law of similar or supplementary character in force from time to time: Provided further that without, in totality exceeding the limit of Rs. 11,250 under any circumstances, in case of death or permanent disability, while in service the sum so payable as gratuity shall be supplemented by the following amount:- 8. 8 :- In case of disability or death due to accident in the course of employment, the amount of gratuity payable under these regulations will be in addition to the amount payable under the Workmen's Compensation Act. 1923. 9. 9 :- Gratuity shall be paid to the employee or to his heirs or executors or nominees, as the case may be. 10. 10 :- Any sum which is due to the Board from an employee may be deducted from the gratuity amount otherwise admissible to him. 11. 11 :- The Board may prescribe procedure, forms, statements, returns and such other requirements for the purpose of administering these regulations which shall not be inconsistent with the regulations.