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R.1 Short title and commencement

(1) These rules may be called “The Tripura Payment of Gratuity Rules, 1975”.

(2) These rules shall come into force on the 22nd February, 1975.

R.2 Definitions

In these rules, unless the context otherwise requires—

(a) “Act” means the Payment of Gratuity Act, 1972 ;

(b) “appellate authority” means the State Government or the authority specified by the State Government under sub-S. (7) of S. 7;

(c) “Form” means a form appended to these rules ;

(d) “nomination” means nomination made under S. 6 :

(e) “section” means a section of the Act.

R.3 Notice of opening, change or closure of the establishment

(1) Within thirty days of the rules becoming applicable to an establishment, a notice in Form “A” shall be submitted by the employer to the con#31;trolling authority of the area.

(2) A notice in Form “B” shall be submitted by the employer to the controlling authority of the area within thirty days of any change in the name, address, employer or nature of business.

(3) Where an employer intends to close down the business, he shall submit a notice in Form “C” to the ‘controlling authority of the area at least sixty days before the intended closure.

R.4 Display of notice

(1) The employer shall display continuously a notice at or near the main entrance of the establishment in bold letters in English and in a language understood by the majority of the em#31;ployees specifying the name of the officer with designation authorised by the employer to receive on his behalf notices under the Act or the rules.

(2) A fresh notice shall be displayed immediately after the notice referred to in sub-R. (1) becomes illegible or requires a change.

R.5 Form of notice under proviso to S. 2 (h) (ii)

(1) A notice under the proviso to sub-Cl. (ii) of Cl. (h) of S. 2 shall be in Form “D” and sent in triplicate by the employee to the employer, who shall, after recording its receipt on one copy thereof, return the copy of the em#31;ployee and send the second copy to the controlling authority of the area.

(2) An employee may withdraw the notice referred to in sub-R. (1) by giving another notice in triplicate in Form “E” to the employer, who shall follow the same procedure as in sub-R. (1).

R.6 Nominations

(1) A nomination shall be in Form F and submitted in duplicate by personal service by the employee, after taking proper receipt or by sending through registered post with acknowledg#31;ment after taking proper receipt or by sending due to the employer,—

(i) in the case of an employee who is already in employment for a year or more, on the date of commencement of these rules, ordinarily within ninety days from such date, and

(ii) in the case of an employee who completes one year of service, after the date of commencement of these rules, ordinarily within thirty days of the completion of one year of service :

Provided that nomination in Form ’F shall be accepted by the employer after the specified period, if filed with reasonable grounds for delay, and no nomination so accepted shall be invalid merely because it was filed after the specified period.

(2) Within thirty days of

R.7 Application for gratuity

(1) An employee who is eligible for payment of gratuity under the Act, or any person authorised, in writing, to act on his behalf, shall apply, ordinarily within thirty days from the date the gratuity become payable, in Form T to the employer :

Provided that where the date of superannuation or retirement of an employee is known, the employee may apply to the employer before thirty days of the date of superannuation or retirement.

(2) A nominee of an employee who is eligible for payment of gratuity under the second proviso to sub-S. (1) of S. 4 shall apply, ordinarily within thirty days from the date the gratuity become payable to him, in Form ’J to the employer :

Provided that an application in plain paper with relevant parti#31;culars shall also be accepted. The employer may obtain such other particulars as may be deemed necessary by him.

(3) A legal heir of an employee w

R.8 Notice for payment of gratuity

(1) Within fifteen days of the receipt of an application under R. 7 for payment of gratuity, the employer shall—

(i) if the claim is found admissible on verification, issue a notice in Form ’L to the applicant employee, nominee or legal heir, as the case may be, specifying the amount of gratuity pay#31;able and fixing a date, not being later than the thirtieth day after the date of receipt of the application, for payment thereof; or

(ii) if the claim for gratuity is not found admissible, issue a notice in Form ’M to the applicant employee, nominee or legal heir, as the case may be, specifying the reasons why the claim for gratuity is not considered admissible. In either case a copy of the notice shall be endorsed to the controlling authority.

(2) In case payment of gratuity is due to be made in the employers office, the date fixed for the purpose in the notice in Form ’L under Cl. (i) of sub-R. (

R.9 Mode of payment of gratuity

The gratuity payable under the Act shall be paid in cash or, if so desired by the payee, in demand draft or bank cheque to the eligible employee, nominee or legal heir, as the case may be :

Provided that in case the eligible employee, nominee or legal heir, as the case may be, so desires and the amount of gratuity payable is less than one thousand rupees, payment may be made by postal money order after deducting the postal money order commission therefor from the amount payable :

Provided further that intimation about the details of payment shall also be given by the employer to the ’controlling authority of the area.

R.10 Application to controlling authority for direction

(1) If an employer—

(i) refuses to accept a nomination or to entertain an applica#31;tion sought to be filed under R. 7 ; or

(ii) issues a notice under sub-R. (1) of R. 8 either specifying an amount of gratuity which is considered by the applicant less than what is payable or rejecting eligibility to payment of gratuity ; or

(iii) having received an application under R. 7 fails to issue any notice as required under R. 8 within the time specified therein;

the claimant employee, nominee, or legal heir, as the case may be, may within ninety days of the occurrence of the cause for the application apply in Form ’N to the controlling authority for issuing a direction under sub-S. (4) of S. 7 with as many extra copies as are the opposite parties :

Provided that the controlling authority may accept any applica#31;tion under this sub-rule, on sufficient caus

R.11 Procedure for dealing with application for direction

(1) On receipt of an application under R. 10, the ‘controlling authority shall, by issuing a notice in Form ’O call upon the applicant as well as the employer to appeal before him on a specified date, time and place, either by himself or through his authorised representative together with all relevant documents and witnesses, if any.

(2) Any person desiring to act on behalf of an employer or em#31;ployee, nominee or legal heir, as the case may be, shall present to the ’controlling authority a letter of authority from the employer or the person concerned, as the case may be, on whose behalf he seeks to act together with a written statement explaining his interest in the matter and praying for permission so to act. The ’controlling authority’ shall record thereon an order either according to his approval or specifying, in the case of refusal to grant the permission prayed for, the reasons for the refusal.

(

R.12 Place and time of hearing

The sittings of the ‘controlling authority shall be held at such times and at such places as he may fix and he shall inform the parties of the same in such manner as he thinks fit.

R.13 Administration of oath

The ‘controlling authority may authorise a clerk of his office to administer oaths for the purpose of making affidavits.

R.14 Summoning and attendance of witnesses

The ‘controlling authority may, at any stage of the proceedings before him, either upon or without an application by any of the parties involved in the proceed#31;ings before him, and on such terms as may appear to the ’controlling authority just, issue summons to any person in Form ’P either to give evidence or to produce documents or for both purposes on a specified date, time and place.

R.15 Service of summons or notice

(1) Subject to the provisions of sub-R. (2) any notice, summons, process or order issued by the ’controlling authority may be served either personally or by registered post with acknowledgement due or in any other manner as prescribed under the Code of Civil Procedure, 1908 (Act V of 1908).

(2) Where there are numerous persons as parties to any proceeding before the ’controlling authority and such persons are members of any trade union or association or are represented by an authorised person, the service of notice on the Secretary, or where there is no Secretary, on the principal officer of the trade union or association, or on the authorised person shall be deemed to be service on such persons.

R.16 Maintenance of records of cases by the ‘controlling authority’

(1) The ’controlling authority shall record the particulars of each case under S. 7, in Form ’Q and at the time of passing orders shall sign and date the particulars so recorded.

(2) The ’controlling authority shall while passing orders in each case, also record the findings on the merits of the case and file it together with the memoranda of evidence with the order sheet.

(3) Any record, other than a record of any order or direction, which is required by these miles to be signed by the controlling auth#31;ority may be signed on behalf of and under the direction of the con#31;trolling authority by any subordinate officer appointed in writing for this purpose by the controlling authority.

R.17 Direction for payment of gratuity

If a finding is recorded under sub-R. (4) of R. 11 that the applicant is entitled to payment of gratuity under the Act, the ‘controlling authority shall issue a notice to the employer concerned in Form ’R’ specifying the amount payable and directing payment thereof to the applicant under intimation to the’ controlling authority within thirty days from the date of receipt of the notice by the employer. A copy of the notice shall be endorsed to the applicant employee, nominee or legal heir, as the case may be.

R.18 Appeal

(1) The memorandum of appeal under sub-S. (7) of S. 7 of the Act shall be submitted to the appellate authority with a copy thereof to the opposite party and the ‘controlling authority either through delivery in person or under registered post with acknowledge#31;ment due.

(2) The memorandum of appeal shall contain the facts of the case, the decision of the controlling authority, the grounds of appeal and the relief sought.

(3) There shall be appended to the memorandum of appeal a certified copy of the finding of the controlling authority and direction for payment of gratuity.

(4) On receipt of the copy of memorandum of appeal, the ’con#31;trolling authority shall forward records of the case to the’ appellate authority.

(5) Within 14 days of the receipt of the copy of the memorandum of appeal, the opposite party shall submit his comments on each paragrap

R.19 Application for recovery of gratuity

Rule 19. Application for recovery of gratuity.

Where an employer fails to pay the gratuity due under the Act in accordance with the notice by the controlling authority under R. 17 or R. 18, as the case may be, the employee concerned, his nominee or legal heir, as the case may be, to whom the gratuity is payable, may apply to the controlling authority in duplicate in Form ’T for recovery thereof under S. 8 of the Act.

R.20 Display of abstract of the Act and rules

Rule 20. Display of abstract of the Act and rules.

The employer shall display an abstract of the Act and the rules made thereunder in English and in the language understood by the majority of the employees at a conspicuous place at or near the main entrance of the establishment.

FORM.A .

FORM ‘A’

[See sub-Rule (1) of Rule 3]

Notice of opening

1. Name and address of the establishment

2. Name and designation of the employer

3. Number of persons employed

4. Maximum number of persons employed on any day during the preceding twelve months with date

5. Number of employees covered by the Act

6. Nature of industry

7. Whether seasonal

8. Date of opening

9. Details of head office/branches :

(a) Name and address of the head office Number of employees

(b) Names and addresses of other branches in India

1.

2.

3.

I verify

FORM.B .

FORM ‘B’

[See sub-Rule (2) of Rule 3]

Notice of change

Name and address of the establishment.........

Take notice that following changes have taken place with effect from............in the particulars furnished by me in notice dated........... on Form ‘A’.

Name.........

Address.........

Name of the employer.........

Nature of business.........

Place......... Signature of the employer with name and designation

Date.........

To

The Controlling Authority

…………………………….

FORM.C .

FORM ‘C’

[See sub-Rule (3) of Rule 3]

Notice of closure

Take notice that it is intended to close down the establishment with effect from.........The other details are furnished below :

1. Name and address of the establishment

2. Name and address of the head office, if any

3. Name and designation of the employer

4. Number of persons in employment

5. Number of employees entitled to gratuity

6. Amount of gratuity involved

Place......... Signature of the employer with name and designation

Date.........

To

The Controlling Authority

FORM.D .

FORM ‘D’

[See sub-Rule (1) of Rule 5]

Notice for excluding husband from family

From—

1. Name of the female employee

2. Name or description of establishment where employed

3. Post held with Ticket or Serial No., if any

4. Department/Branch/Section where employed

5. Permanent address

Take notice that I, Shrimati............desire to exclude my husband Shri............from my family for the purpose of the Payment of Gratuity Act, 1972.

Place......... Signature/Thumb impression of the employee

Date.........

Declaration by witnesses

The above notice was signed/thumb impressed before me.

Name in f

FORM.E .

FORM ‘E’

[See sub-Rule (2) of Rule 5]

Notice of withdrawal of notice for excluding husband from family

1. Name of the female employee

2. Name or description of establishment where employed

3. Post held with Ticket or Serial No., if any

4. Department/Branch/Section where employed

5. Permanent address

Take notice that I, Shrimati............, hereby withdraw the notice dated.........whereby I exclude my husband Shri............from my family for purposes of the Payment or Gratuity Act, 1972. The earlier notice was recorded under your reference No.........dated.........

Place......... Signature/Thumb impression of the employee

Date...

Declaration of witnesse

FORM.F .

FORM ‘F’

[See sub-Rule (1) of Rule 6]

Nomination

FORM G

[See sub-Rule (3) of Rule 6]

Fresh nomination

FORM.H .

FORM ‘H’

[See sub-Rule (4) of Rule 6]

Modification of nomination

To

(Give here name or description of the establishment with full address)

I, Shri/Shrimati/Kumari.........(Name in full here) whose particulars are given in the statement below, hereby give notice that the nomina#31;tion filed by me on...............(date) and recorded under your reference No..................... dated...............shall stand modified in the following manner :

(Here give details of the modification intended)

Statement

1. Name of the employee in full

2. Sex

3. Religion

4. Whether unmarried/married/widow/widower

5. Department/branch/section where employed

6. Post h

FORM.I .

FORM I

[See sub-Rule (1) of Rule 7]

Application for gratuity by an employee

To

(Give here name or description of the establishment with full address)

Sir/Gentlemen,

I beg to apply for payment of gratuity to which I am entitled under sub-S. (1) of S. 4 of the Payment of Gratuity Act, 1972 on account of my superannuation/retirement/resignation after completion of not less than five years of continuous service/total disablement due to accident/total disablement due to disease with effect from the......... Necessary particulars relating to my appointment in the establishment are given in the statement below :

Statement

1. Name in full

2. Address in full

3. Department/branch/section where last employed

4.

FORM.J .

FORM J

[See sub-Rule (2) of Rule 7]

Application for gratuity by a nominee

To

(Give here the name or description of the establishment with full address).

Sir/Gentlemen,

I beg to apply for payment of gratuity to which I am entitled under sub-S. (1) of S. 4 of the Payment of Gratuity Act, 1972 as a nominee of ..........,.......(Name of the employee) who was an employee of your establishment and died on the..................The gratuity is payable on account of the death of the aforesaid employee while in service/super#31;annuation of the aforesaid employee on........./retirement or resignation of the aforesaid employee on.........after completion of............years of service/total disablement of the aforesaid employee due to accident or disease while in service with effect from the......Necessary particulars relating t

FORM.K .

FORM K

[See sub-Rule (3) of Rule 7]

Application for gratuity by a legal heir

To

(Give here the name or description of the establishment with full address).

Sir/Gentlemen,

I beg to apply for payment of gratuity to which I am entitled under sub-S. (1) of S. 4 of the Payment of Gratuity Act, 1972 as a legal heir of late..................(Name of the employee) who was an employee of your establishment and died on the..................without making any nomination. The gratuity is payable on account of the death of the aforesaid employee while in service/superannuation of the aforesaid employee on the................../retirement or resignation of the aforesaid employee on the...............after completion of............years of service/ total disablement of the aforesaid employee due to accident or disease while in service

FORM.L .

FORM L

[See Clause (i) of sub-Rule (1) of Rule 8]

Notice for payment of gratuity

To

(Name and address of the applicant employee/nominee/legal heir)

You are hereby informed as required under Cl. (i) of sub-R. (1) of R. 8 of the Tripura Payment of Gratuity Rules, 1975 that a sum of Rs..................(Rupees), is payable to you as gratuity/as your share of gratuity in terms of nomination made by.........on......and recorded in this......as a legal heir of an employee of this...... establishment.

2. Please call at.............. (here specify place)......on......(date) at......(time) for collecting your payment in cash/open or crossed cheque.

3. Amount payable shall be sent to you by postal money order at the address given in your application after deducting the postal money order commission, as desired by you, b

FORM.M .

FORM ‘M’

[See Clause (ii) of sub-Rule (1) of Rule 8]

Notice rejecting claim for payment of gratuity

To

(Name and address of the applicant employee/nominee/legal heir) You are hereby informed as required under Cl. (ii) of sub-R. (1) of R. 8 of the Tripura Payment of Gratuity Rules, 1975 that your claim for payment of gratuity as indicated on your application in Form...... under the said rules is not admissible for the reasons stated below:

Reasons

(Here specify the reasons)

Place........................

Date....................... Signature of the employer/authorised officer

Name or description of establishment or rubber stamp thereof

Copy to the Controlling Authority.

Note. Strike out the words not applicable.

FORM.N .

FORM ‘N’

[See sub-Rule (1) of Rule 10]

Application for direction

Before the Controlling Authority under the Payment of Gratuity Act, 1972.

Application No......... Date............

between

(Name in full of the applicant with full address)

And

(Name in full of the employee concerned with full address)

The applicant is an employee of the above mentioned employers/ nominee of late.........an employee of the above-mentioned employers/ legal heir of late.........an employee of the above-mentioned employer, and is entitled to payment of gratuity under S. 4 of the Payment of Gratuity Act, 1972, on account of his own/aforesaid employees super#31;annuation on (date)/his own retirement/aforesaid employees resignation on (date).........after completion of........years of conti

ANNEXURE .

ANNEXURE

1. Name in full of applicant with full address

2. Basis of claim (Death/Superannuation/Retirement/Resignation/Disablement of employee)

3. Name and address in full of the employee

4. Marital status of the employee (unmarried / married / widow / widower)

5. Name and address in full of employer

6. Department/Branch/Section where the employee was last employed (if known)

7. Post held by the employee with Ticket or Serial No., if any (if known)

8. Date of appointment of the employee (if known).

9. Date and cause of termination of service of the employee (super#31;annuation/retirement/resignation/ disablement/death)

10. Total period of service by the employee

11. Wages last

FORM.O .

FORM ‘O’

[See sub-Rule (1) of Rule 11]

Notice for appearance before the Controlling Authority

From : The Controlling Authority under the Payment of Gratuity Act, 1972.

To

(Name and address of the employer/applicant)

Whereas Shri............, an employee under you/a nominee(s)/legal heir(s) of Shri.........an employee under the above mentioned employer, has/have filed an application under sub-R. (1) of R. 10 of the Tripura Payment of Gratuity Rules, 1975 alleging that...............(A copy of the said application is enclosed).

Now, therefore, you are hereby called upon to appear before me at (place) either personally or through a person duly authorised in this behalf for the purpose of answering all material questions relating to the application on the day of......... 19...... at.........oclock in the forenoon/

FORM.P .

FORM P

[See Rule 14]

Summons

Before the Controlling Authority under the Payment of Gratuity Act, 1972

To

(Name and address)

Whereas your attendance is required to give evidence/you are required to produce the documents mentioned in the list below of......... in the case arising out of the claim for gratuity by............from............ and referred to this authority by an application under S. 7 of the Payment of Gratuity Act, 1972, you are hereby summoned to appear personally before the authority on the day of...19... at.........oclock in the forenoon/afternoon and to bring with you (or to send to this authority) the said documents..

List of documents

1.

2.

3. son on Controlling Authority

Dated this day of 19

FORM.Q .

FORM Q

[See sub-Rule (I) of Rule 16]

Particulars of application under section............

1. Serial No..........

2. Date of the application..........

3. Name and address of the applicant..........

4. Name and address of the employer..........

5. Amount of gratuity claimed..........

6. Dates of hearing..........

7. Findings with date..........

8. Amount awarded..........

9. Cost, if any, awarded..........

10. Date of notice issued for payment of gratuity-.........

11. Date of appeal, if any..........

12. Decision of the appellate authority..........

13. Date of issue of final notice for payment of gratuity..........

FORM R

[See Rule 17]

To

(Name and address of employer).........

Whereas Shri/Smt/Kumari......... of.........(address)... ...an employee under you/nominee(s)/legal heir(s) of late......... an employee under you, filed an application under S. 7 of the Payment of Gratuity Act, 1972 before me ;

And whereas the application was heard in your presence on and after the hearing I have come to the finding that the said Shri/Smt./Kumari is entitled to a payment of Rs......as gratuity under the Payment of Gratuity Act, 1972 ;

Now, therefore I hereby direct to pay the said sum of Rs.......... to Shri/Smt./Kumari.........within thirty days of the receipt of this notice with an intimation thereof to me.

Given under my hand and seal this............................day of............................19...

FORM.S .

FORM S

[See sub-rule (8) of Rule 18]

Notice for payment of gratuity as determined by Appellate Authority

To

(Name and address of employer)

Whereas a notice was given to you on......Form ‘R requiring you to make a payment of Rs............. ......to Shri/ Smt./Kumari...............as gratuity under the Payment of Gratuity Act, 1972 ;

Whereas you/the applicant went in appeal before the appellate authority, who has decided that an amount of Rs..........is due to be paid to Shri/Smt./Kumari............as gratuity due under the Payment of Gratuity Act, 1972 ;

Now, therefore............I hereby direct you to pay the said sum of Rs..........to Shri/Smt./Kumari............... within 30 days of the receipt of this notice with an intimation thereof to me. Given under my hand and seal, this......day of.........of of.....

FORM.T .

FORM T

[See Rule 19]

Application for recovery of gratuity

Before the Controlling Authority under the Payment of Gratuity Act, 1972.

Application No. Date

Between

(Name in full of the employee with full address)

AND

(Name in full of the employer with full address)

The applicant is an employee of the above mentioned employer/ a nominee of late.........an employee of the above mentioned employer/legal heir of late.....................an employee of the above mentioned employer, and you were pleased to direct the said employer in your notice dated the...... ......under rule ...of the Tripura Payment of Gratuity Rules, 1975 for payment of a sum of Rs.............as gratuity payable under the Payment of Gratuity Act, 1972.

2. The applicant submits t