The M.P. Warehousing Corporation (Payment of Gratuity to Employees) Regulations 1973

Gratuity Regulations } {i } _——— — Een GRATUITY REGULATIONS Madhya Pradesh Gazette, Dated 2nd August 1974 Bhopal, the 13th February 1974 the No. 5-16-73-xv-I.—In exercise of the powers conferred by section 42 of Warehousing Corporations Act, 1962(58 of 1962), the Madhya Pradesh State Warehousing Corporation hereby, with the previous sanction of the State Government makes the following regulations namely :— REGULATIONS 1. Short Title, Commencement and Application :— (1) These regulations may be called the Madhya Pradesh State Warehousing Corporation (Payment of Gratuity to Employees) Regulations, 1973. (2) They shall be deemed to have come into force with effect from the 1st April (3) These regulations shall apply to every whole time permanent employee of the Corporation. 2. Definitions :—In these regulations unless the context otherwise requires— (a) *Board of Directérs’ means the Board of Directors of the Corporation. (b) ‘Chairman’ means the Chairman of the Board of Directors. (c) ‘Corporation’ means the Madhya Pradesh State Werehousing Corporation established ‘under section 18 of the Warehousing Corporations Act, 1962 (58 of 1962). (d) ‘Director’ means the member of the Board of Directors. (e) ‘Employee’ means a person in the whole time service of the Corporation but does not include a person employed on daily wages or on contract. (f) ‘Executive Committee’ means the Executive Committee of the Corporation, (1) in the case of a male employee, the wife, children, whether married or unmarried and dependent parents of the employee and the widow and children of a deceased son of the employee, provided that if, an employee proves that his w.le has ceased urder the personal law governing himor the customary law of the community, to which the spouses belong, to be entitled to maintenance, she shall be no longer be deemed to be a part of the employee's family for. the purpose of this scheme, unless the employee subsequently int mates by express notice in writing to the Corporation that she shall continue to be so regarded; and Regulations 2) [ Gratui (ii) in the case of a female employee, the husband and children of the employee, the dependent parents of the employee or of the husband, and the widow and children of a deceased son of the employee; Provided that if an employee by notice in writing to the Corporation expresses | her desire to exclude her husband from the family the husband and his dependent parents - shall no longer be deemed to be a part of the employee's family for the purpose Of this scheme unless the employee subsequently cancels in writing any such notice. Explanation : NOTE 1.—In either of the above two cases, if the child of an employee who has been adopted by another person and if, under the personal law of adoption, adoption is legally recognised, such a child shall be consi- | dered as excluded fromthe femily of the employee. NOTE 2.—An adopted child shall be considered to be a child of the employee when the Corporation is satisfied that under the personal lew of the employee, adoption is legally recognised as conferring the status of a natural child. i NOTE 3 —Children means legitimate children. (h) ‘Fundamental Rules’ means the Fundamental Rules of the Government of | Madhya Pradesh. (i) ‘Managing Director’ means the Managing Director of the Corporation. (j) The Expressin ‘pay’ shall for the purpoces of these regulations means the pay as defined inthe Fundamental Rules and State Goverr.ment orders in this behalf from time to time. (i) In the case of an employee who has been on leave continuously fora period of twelve months or more immediately preceding the date of his/ her retirement or death, the substantive pay at the date of such leave cr the ‘Average pay’ (as defined in F. R.. and State Government orders;'n this behalf issued from time to t me), earned while on duty during the x twelve Calendar months immediately precc ding the month such orin which he/she has proceeded on leave, which ever is higher. (ii) In any other case, the substantive pay at the date of his/her retirement or death or the ‘Average pay’ (As defined in F. R., ard State Govt. orders in this behalf issued from time to time) earned while on duty during the twelve months, immediately preceding the month of retirement or death whichever is higher. (k) ‘Service in the Corporation’ means the period of an em Bs ployee’s servi the date of his joining the Corporation. es trom (1) ‘State Government’ means the Government of Madhya Pradesh, [ 3 Gratuity Regulations } 3. Condition of grant.—Subject to the terms, conditions and other provisions contained in the succeeding regulations gratuity will be granted to a whole time employee after he/she ceases to be inservice of the Corporation or in the event of his;her death before receipt of gratuity, to such person or persons as may be determined in accordance with regulation 7, But nothing in these regulations shall be construed as conferring any right-or benefit to any employee whose, service in the Corporation is governed by a contract expressly stipulating his service to be fora specified period. Every employee who has put ina minimum service of 10 years would be entitled to receive payment of gratuity by the Corporation on the basis of a sum equal to 1/2 month pay for each com- pleted year of service in the Corporation subject to a maximum of 15 months’ pay or Rs. 1,00,000 (Rupees One Lakh). *whichever is less. *[ The figure Rs. 10,000/- (Rs. Ten Thousand) has been substituted with the figure Rs. 1,00,000 (Rs. One lakh)—Authority : Board of Directors meeting held on 29-11-89: Resolution No. 8: Dated.29-11-89—Board resolved that the employees who have retired or died while in service or have resigned on or after 1st December, 1989 shall be eligible for gratuity upto a maximum limit of Rs. 1,00,000/- (Rs. One lakh). ] 4. Gratuity when not admissible.—(1) No gratuity will be granted to in the case of an employee— (a) If heshe has not completed service in the Corporation for a minimum period of Ten years, or (b) If he/she is or has been dismissed from service of the Corporation. (2) Notwithstanding anything contained in clause (a) of sub-regulation (1), gratuity will be granted to an employee who has not completed service in the Corporation for a minimum period of 10 years if— (i) He/she died while in the service of the Corporation, or (ii) He/she retired or has been required to retire either on account of certi- fied permanent incapacity due to bodily or mental infirmity or owing to the abolition of his/her appointment on account of reduction of establishment, or (iii) His/her service in the Corporation is terminated by the Corporation for reasons other than reduction of establishment or dismissal for mis- conduct. - o 5. Payment of reduced amount of gratuity.—Notwithstanding anything contained in the foregoing regulations, the Corporation may, while determining the amount of gratuity payable to en employee, take into account any financial loss caused to the Corporation by reason of inefficiency or misconduct of such employee and grant a reduced amount of gratuity. Provided that the difference between the amount of gratuity ordinarily admissible under the foregoing regulations and the amount of gratuity so reduced shall not exceed the amount of the financial loss caused to the Corporation. { Gratuity Regulation 6, .\Nomination.—(1) An‘employee’shall, as soon as may be.after these tegu- lations come into force,‘send to the Corporation anomination conferring on one or more persons the. right to receive the »amount‘that may ‘become: ‘payable in the event of his or her death occurring before that'amount has become ‘payable or before the amount having become payable has :not-been paid. ‘Provided ‘that if at the time of making the nomination the employee has a family, the nomination’shall not be in favour of any:person or persons other than the.member or members ‘of his or her family. (2) If the person thus nominated is at the time of his/her nomination-a minor or eee under legal disability to give a valid receipt of discharge to the Corporation the employee 4 shall, at the time of such nomination as dforesaid eppoint another person‘of full age who is capable of giving a valid receipt of discharge and to whom the a:nount of gratuity is to be paid for and ‘on behalf of the:person $o)nominated ias. aforesaid-so long asihe shall be a minor or‘be under legal disability and the receipt of the said person of {ull age shall during the:minority or:the legal ‘disability of the-person’so nominated as aforesaid be a good (3) If an employee nominates more than one person under sub-regulation (i), he or she shall specify in the.nomination_ the amount or shara. _payable to each of the nomi- nees in such manner as to cover the.whole of the amount that may become payable at any time. : (4) Every nomination shall be in such one of the forms set forth in the Schedule to these regulations as is appropriate inthe circnmstances. (5) An'employee may at any time cancel a nomination by sending a notice to the Corporation, provided -that the ‘employee’ shall along with such notice send a fresh nomination mede in accordance with the provision of this regulation. (6) An employee may provide in a nomination :— (a) In respect of any specified nominee, that in the event of his or her predeceasing the employee the right conferred upon that nominee shall pass to such other persons as may be specified in the nomination, pro- vided.that such other person or persons shall, if an employee has other members of his femily, be such other member or members. (b) that the nomination shall become invalid in the event of the happening ofa contingency specified therein. Provided that if at the time of making the nomination the employes has no family he/she shall’ provide in the nomination that it shall become invalid in the event of his/her subsequently acquiring a-family. (7) Immediately on-the death of nominee in respect of whom no special provision has been made in the romingtion under clause (a) of sub-regulation (vi) of this regulation or on the occurrence of any event by reason of which the nomination becomes invalid in on we le pa ri on eof clause (b) of sub-regulation (vi) of this regulation or the provision thereto, anc acy wes i i i A employee shall send to the Corporation: a notice in writing cancelling the Cathie the ther with a fresh nomination made in accordance with the provision of thi toge! regulation. e and every notice of cancellation given by an emplo- the date on which itis received by the employment of the {8) Every nomination mad yee shall'to the extent that it is valid, take effect on the Corporation, provided that on such date the employee is in Corporation. ath of the. employee.—lo the.event.of the death . Payment in case of de t 7 caun f gratuity admissible shall be paid of an employee before receipt of gratuity the.amount. 0 to the person or persons in the manner prescribed below :— On the death of the employee : (1) When the employee leaves a family.—(a) If a nomination made by the employee in accordance with these regulations in favour of a member or members of his/her femily subsists the amount of gratuity payable to him or the part thereof to which the nomination relates, shall become payable to the nominee or nominees in the proportion specified in the nomination. If no such nomination in favour of a member or members of the family of the employee subsists or if such nomination relates only to a part of the whole amount of gratuity payable to him/her, the whole amount or the part thereof to which the nomination does not relate as the case may be shall notwith- standing any nomination purporting to be in favour of any person or persons other than a member or members of his/her family, become payable to the members of his/her family in equal shares. (b Provided that no share as stated in clause (b) of this sub-regulation shall be payable to :-— (i) Sons who have attained legal majority. (ii) Sons of deceased son who have attained legal majority. (iii) Married daughters whose husbands are alive (iv) Married daughters of a deceased son whose husbands are alive. \f there is alive any member of the family other than those specified in clauses (ii), (iii) and (iv). Provided further that the widow or widows and the child or children of a deceased son shall receive between them in equal parts on the share which that son would have received if he had survived the employee and had been exempted from the Provision of clause (i) of this proviso. (2) When the employee leaves no family, if a nomination made by him/her in accordancy with these regulations in favour of any person subsists the amount of gratuity [ Gratuity Regulations payable to him/her or the part thereof to Which the, nomination relates shall become pay; able to his/her nominee or nominees in the proportion specified in the nomination and the balance if any shall be payable to the person producing proof of legal representation 10 the estate of the deceased employee. “2 (3) When the employee leaves no family and has either failed to make-a nomina- tion or has made a nomination which is not in accordance w:th these regulations the amount of gratuity payable to him shall become payable to the persons producing proof of legal representation to the estate of the deceased employee or a succession certificate (claiming the amount as a dabt due to the estate of the deceased employee). : 8. : Interpretation.—The decition of the Board shall be final and binding upon employees in all respects and upon all’ matters questions and’ disputes relating to or connected with the interpretat‘on of these regulations of in any way concerning the seme. ab ue ro nn er ee te e i c e s ERNEST ee e SCHEDULE Form of Nomination FORM | ( When the employee has a family and w To The Managing Director housing Corporation Gratuity Regulations } a iEhes 10 nominate one member there of ) Sir, below whois 4 member of my family, 1 hereby. nominate the person mentioned as defined in Regulation 2(g) of.t (Payment of Gratuity to Employees. become payable in the event of m “before the amount having become paya y death before that amo Contingencies on the happen- Name & Address Relationship with Age he Madhya, Pradesh State ) Regulations, 1973 10 receive Warehousing Corporation the amount that may unt has become payable or ble has not been paid. Name, address "relationship of the person if any, to : whom the right of the nominee shall pass in the event of his predeceasing the employee of Nominee employee ing of which the nomination shall become invalid Dated this ... Two Witnesses to Signature + 4. NQMO..seseececeseesseecentetese reteeetreees ees 2. Name. ttreceeee * H. O. of Corporation shifted to Bhopal Signature of employe { Gratuity Regulations FORM II then the employee has a family and wisties to: nominate more than one member thereof) To The Managing Director, Sir, ~ Thereby nominate the persons mefitiéned below, whovare members of my family defined in regulation 2 (g) of the Madhya Pradesh State Warehoustng: Corporation ayment of Gratuity to Employees) Regulations 1973, to receive the amount that may come payable in the event of my death, before that amount has become payable or fore the amount having become payable las not been paid and direct that the said jouNt shall be ‘distributed aimong the’said persdrs in the manner shown below against eir names :— ~ ime & Relationship Age Amount or Contingencies: Name; address & {dress with employee shareto be onthe happening relationship of the nominee paid to each of which the” person, if any, to nomination’shall_ whom the ‘right of become invalid a nominee shall pass in the event of his predeceasing . the employee day of... Two witnesses to Signature 1. Name, Address... case. 2. Name. Address Signature of employee ‘H. O. of Corporation shifted to Bhopal. Gratuity Regulations } FORM III (When the employee has no femily and wishes to nominate one person ) To The Managing Director, Sir, |, having no family as defined in regulation 2 (9) of the Madhya Pradesh State Warehousing Corporation (Payment of Gratuity to Employee) Regulations, 1973. hereby nominate the person mentioned below to receive the amount that may become payable in the event of my death, before that amount has become payable or before the amount having become payable has not been paid :— Name & Relationship Age Contingencies on Name, address & relationship Address with the happening of of the person, if any, to whom of employee which the nomi- the right of the nominee shall ncm nee nation shall be- pass in the event of his prede- come invalid** ceasing the employee Dated this Two witnesses to signature To NAMO...e cee ceseteteeeeeeeeenenerneteceses ATeSS «0... ses eter rsereeeee ates ceteeeneee — AdCrO6S......ccesestnesterseeesetersseeeten ces * H. O. of Corporation shifted to Bhopal. ** NOTE—Where an employee who has no family makes a nomination, he shall specify in this column thatthe nomination shall become invalid in the event of his subsequently acquiring 3 family. S ’ [ Gratuity Regulat ions M ia FORM IV n i on When the employee has no family and wishes to nominate more than one pers ) (When To The Managing Director, Madhya Pradesh State Warehousing Corporation, Sir. » stote |, having no family as defined in regulation 2 (g) of ae Madhya a hoeby si i ity to Employees) Regu ations, , s Corporation (Payment of Gratui ' er ereete the pereons mentioned below to receive the amount that may ais ee ent wn th event of my death, before that amount has become payable or befor® we dee n i . become payable has not been paid énd direct thet the said amount sha! having bec i i nes -— } buted among the said persons in the manner shown below against their nan / eS —————, nount of. Conting i @ address & Name @ __ Relationshi Contingencies Name, @ lationshi Amount of me . seyoss ath om in share to be on the happening relationship of e nom “ ey paid to each of which the person, if a ‘ ofremiws nomination shall whom the right 0 i i i I} become invalid** 2 nominee sha pass in the event of his predeceasing the employce q) (2) 8) @ __— Two Witnesses to Signature : 4. Namie. cceseeccesrseseeeeserse tense! Adress .vececvcscecseeee nseteee tte ees Signature of Employee - — — ion shifted to Bhopal. : a ho has no family makes 8 nomination, he shall specify in this column sn * oe come invalid in the event of his subsequently acquiring a family. shall be ea. O. of Corporat that the no minshon Gratuity Regulations } oa FORM V (For use when the person nominated is a minor or under legal disability) To The Managing Director, Sir, State Pursuant to regulation 6 (ii) of the Madhya Pradesh { Warehousing Corporation (Payment of Gratuity to Employees) Regulations, 1973, | weseeeeesee Hereby nominate day Of... eeeeceeeee .. (or describe the legal disability to which the nominee suffers to receive the amount which may become payable to me in terms of Madhya Pra- desh State Warehousing Corporation (Payment of Gratuity to Employees) Regulations, 1973 in the event of my death and if the said nominee shall then be a minor (or shall continue to be under legal disability) | hereby appoint to receive the amount on his (or her) behalf. Dated this Two witnesses to Signature 1. NAM@... eee ceeseees ceeeeeeeeteeeeeens ~ ADCrOSS...eeecssesssesesseeeessseeeeees Signature of Empicyee *H_ O. of Corporation shifted to Bhopal, —_