Maharashtra Housing and Area Development Authority Employees Gratuity Regulations, 1985

The Maharashtra Housing and Area Development Authority Employees Gratuity Regulations, 1985

Published vide Notification No. MH/RFG. 1285/22125/ADM-1, dated the 14th October, 1985 (M.G.G., Part 4C, p. 96)

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In exercise of the powers conferred by sub-section (1) of section 185 read with sub-section (4) of section 19 and sub-section (1) of section 22 of the Maharashtra Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977) and of all other powers enabling it in that behalf, and with the previous sanction of the Government of Maharashtra, the Maharashtra Housing and Area Development Authority hereby makes the following regulations, namely

1. Short title, application and commencement.- (1) These Regulations may be called the Maharashtra Housing and Area Development Authority Employees Gratuity Regulations, 1985.

(2) They apply to all employees of the Authority other than employees employed on contract for a specified period on wages exceeding one thousand and six hundred rupees per mensem.

(3) They shall be deemed to have come into force with effect from the 5th December, 1977.

2. Definitions.- (1) In these regulations, unless the context otherwise requires,-

(a) "Act" means the Maharashtra Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977);

(b) "Appellate Authority" means the Chief Executive Officer of the Authority;

(c) "appointing authority" in relation to an employee means the Authority which is competent to appoint the employee under the Act;

(d) "completed year of service" means continuous service for a year, and includes fraction of year if the period of such continuous service exceeds one hundred eighty days;

(e) "continuous service" means -

(i) in relation to an employee appointed in the Authority service on or after the 5th December, 1977, uninterrupted service in the Authority rendered by an employee, and

(ii) in relation to an employee of an existing Board absorbed under section 22 of the Maharashtra Housing and Area Development Act, 1976 (Maharashtra XVIII of 1977), as an employee of the Authority, the uninterrupted, service rendered by such an employee in the existing Board as well as in the Authority, on regular, temporary, work charged or daily rated establishment, and includes 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 imposing a punishment or penalty or treating the absence as break in service has been passed in accordance with the rules or regulations governing the employees of the Authority), lay off, strike, 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 these Regulations.

Explanation. - In the case of an employee who is not in uninterrupted service for one year, he shall be deemed to be in continuous service if he has been actually employed in the existing Board or in the Authority during the twelve months immediately preceding the year for not less than 240 days which included 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 imposing a punishment or penalty or treating the absence as break in service, has been passed in accordance with the Rules or Regulations governing the employees of the Authority) layoff strike, or a lock out or cessation of work not due to any fault to the employees whether such uninterrupted or interrupted service was rendered before or after the commencement of these regulations.

(f) "Competent Authority" in relation to an employee falling within the categories specified in column 2 of the Schedule hereto means the Officers specified opposite to it in column 1 thereof who is competent to sanction gratuity;

(g) "disablement" in relation to an employee means such total disablement due to any disease or accident whether of a temporary or permanent nature as in the opinion of the Medical Authority duly certified in that behalf incapacitates the employee for further work which he was capable of performing immediately before such disablement;

Explanation. - For the purposes of this clause, the certificate of the Medical Authority shall specify the date of total disablement.

(h) "employee" means an employee of the Authority within the meaning of sections 19 and 22 of the Act but does not include an employee who is employed on contract for a specified period on wages exceeding one thousand and six hundred rupees per mensem;

(i) "family" in relation to an employee means his or her spouse, their children whether married or unmarried, the widow and children of their predeceased son, if any and their dependent parents, and includes a child duly adopted according to the personal law of the employee, but does not include,-

(a) in the case of a male employee, the dependent parents of his spouse;

(b) in the case of a female employee, her spouse if such female employee has expressed her desire by notice in writing to the Competent Authority to exclude her spouse for the purpose of these regulations and such notice has not been withdrawn by her, and his dependent parents, if any;

(c) the child of the employee who has been duly adopted according to the personal law of the person adopting him and such adoption is in operation;

(j) "Government" means the Government of Maharashtra;

(k) "Medical Authority" means the medical practitioner who is authorised to practice any system of medicine under any law for the time being in force in the State and who has been duly approved by the Chief Executive Officer for the purposes of these regulations;

(l) "retirement" in relation to an employee means termination of his service otherwise than on superannuation;

(m) "superannuation" in relation to an employee means -

(i) attainment by the employee of such age as is fixed in the contract or condition of service as the age on the attainment of which the employee shall cease to be an employee of the Authority;

(ii) in any other case attainment by the employee of the age of fifty-eight years of such other age as may be prescribed by the Government as the age of superannuation for similar or equivalent class of service, cadre or post under the Government from time to time;

(n) "wages" means all remuneration (whether by way of salary allowances or otherwise) expressed in terms of money which would if the terms of employment, expressed or implied were fulfilled be payable to the employee in respect of his employment and includes pay personal pay, dearness pay, dearness allowance, but does not include bonus, commission, house rent allowance, compensatory local allowance, or overtime allowance or such other allowances as the Authority may specify in this behalf;

(2) The words and expressions used in these regulations but not defined shall have the meaning respectively assigned to them in the Act.

3. Payment of Gratuity.- (1) Subject to the provisions of these regulations, gratuity shall be paid to every employee or, in case of his death, to his nominee or, in the absence of any nomination, to his heir.

(2) Where a nominee or heir is a minor, the gratuity shall be paid to the person who is a guardian according to law.

4. Contingencies for-payment of gratuity.- Where an employee has rendered continuous service of not less than five years, then subject to the provisions of these regulations, gratuity shall be paid to him on his resignation, disablement, retirement, death or superannuation ;

Provided that, where gratuity is payable on death or disablement of an employee, then in such cases continuous service of not less than five years shall not be necessary.

5. Amount of gratuity.- (1) Subject to the provisions of these regulations, the amount of gratuity payable to an employee shall not exceed twenty months wages.

(2) The amount of gratuity payable to an employee for each completed year of service or part thereof in excess of 120 days shall be equal to an amount of fifteen days wages payable to him during the month immediately preceding the month in which gratuity becomes payable.

(3) Where an employee is on half pay leave; or on leave without pay during the month immediately preceding the month in which the gratuity become payable under these regulations, then for calculating the amount of gratuity payable to such employee, the fact that such an employee had been on half pay leave or leave without pay in such month, as the case may be, shall be ignored and he shall be deemed to have drawn the wages which he would have drawn had he not been on leave as aforesaid during the said period.

(4) Subject to the limit of the amount of gratuity provided in clause (1), the amount of gratuity payable to an employee on his disablement or to his nominee or heir on his death; while in service, under these regulations shall be increased -

(a) by an amount equal to two months wages, if the disablement or death has occurred after one completed year of service but before completion of two years;

(b) by an amount equal to four months wages, if the disablement or death has occurred after two completed years of continuous sendee but before the completion of three years;

(c) by an amount equal to six months wages if the disablement or death has occurred after three completed years of continuous services but before the completion of four years;

(d) by an amount equal to eight months wages if the disablement or death has occurred after four completed years of continuous service but before the completion of five years;

(e) by an amount equal to ten months wages if the disablement or death has occurred after five completed years of continuous services.

(5) The amount of gratuity payable under these regulations in excise of disablement or death of an employee, during the course of his service shall be in addition to the payment admissible to him under the Workmen's Compensation Act, 1923 (8 of 1923).

6. Manner of payment of gratuity.- (1) The amount of gratuity may be paid in cash or if so desired by the payee, in demand draft or by cheque or by postal money order but after deducting the amount of postal order commission from the amount payable.

(2) No amount of gratuity shall be paid unless the payee is duly identified.

7. Authorised, deductions.- (1) Notwithstanding anything contained in these regulations, the amount of gratuity shall be paid to an employee without deduction of any kind except in cases provided in clause (2).

(2) Deductions from the amount of gratuity payable to an employee may be of the following kinds, namely:-

(A) deductions for recovery of losses sustained by the Authority on account of damage to, or destruction of property of the Authority due to any act, negligence or willful omission of the employee whose services have been duly terminated therefor, to the extent of such loss or damage.

(B) deductions of such amount in whole or in part of the amount of the gratuity payable to an employee as the Competent Authority may decide in the following Cases, that is to say,-

(i) where the services of the employee have been terminated for his riotous, disorderly conduct or any other act of violence on his part;

(ii) where the services of the employee are terminated for any act which constitutes an offence involving moral turpitude, being an offence committed by the employee during the course of his employment.

8. Provision for certain absorbed employees.- (1) The employees of any existing Board, who held a civil post under Government but have been absorbed and have become the employees of the Authority under section 22 of the Act, (hereinafter referred to as "the absorbed employees") may opt either to be governed by these regulations or the rules in relation to gratuity applicable to them immediately before the appointed day.

(2) Such option shall be exercised within 180 days from the date of publication of these regulations :

Provided that, if any employee fails to exercise the option within 180 days as aforesaid, then the Chief Executive Officer may, for reasons recorded in writing, permit him to exercise such option within such extended or further extended period as he may specify in writing in this behalf :

Provided further that, if an employee does not exercise his option within the period or the extended period, if any, he shall be deemed to have opted to be governed by these regulations.

(3) Option once exercised shall be final and an employee shall be entitled to gratuity in accordance with these regulations, or as the case may be, the rules of gratuity applicable to him on the appointed day, in respect of which he has exercised an option under, or is deemed to have opted to be governed by these regulations.

9. Nomination.- (1) Every employee who is already in service of the Authority on the date of the commencement of these regulations or who completes one year of service after such date shall send his nomination in Form-A (in triplicate) to the Competent Authority conferring on one or more persons the right to receive the amount of gratuity under the regulations in the event of his death during the currency of his service or having become payable, has not been paid.

(2) Where an employee has a family at the time of making the nomination, such nomination shall be made only in favour of the members of his family.

(3) Where an employee, who has no family, acquires a family subsequently or where a nominee predeceases an employee, the nomination filed by the employee under clause (1) shall forthwith become invalid and cease to be in operation and the employee shall thereupon send a fresh nomination in Form 'B' in triplicate.

(4) If the employee nominates more than one.person, he shall specify in the nomination the share of each of the nominees in respect of the whole of the amount of gratuity that may become payable to the employee under these regulations.

(5) The employee may modify or cancel a nomination by sending a notice in writing in Form 'C' in triplicate to the Competent Authority, and along with such notice shall send a fresh nomination in Form-A made according to the provisions of this regulation.

(6) Every nomination made under this regulation shall take effect from the date of its receipt by the Competent Authority.

(7) Within thirty days of receipt of a nomination of Form 'B' or 'C', the Competent Authority shall verify or cause to be verified the service particulars of the. employee as mentioned in the form of nomination from the records of the establishment. The Competent Authority shall, on recording his certificate of acceptance thereon, return the duplicate copy to the employee and the third copy of the nomination to the Chief Accounts Officer or the Accounts Officer concerned, as the case may be.

10. Application for gratuity.- (1) An employee, his nominee or legal heir (hereinafter referred to as applicant) who is eligible for payment of gratuity under these regulations shall ordinarily apply to the Competent Authority or to an officer specified by the Chief Executive Officer in that behalf within ninety days from the date the gratuity becomes payable in Form 'D', 'E' or 'F', as the case maybe. If the application is made to the officer so specified he shall forward the same forthwith to the appropriate Competent Authority for further necessary action :

Provided that, where the date of superannuation or retirement of an employee is known, the employee may apply even before ninety days of the date of superannuation or retirement :

Provided further that, in case of a nominee or legal heir, application on plain paper with relevant particulars shall also be accepted.

(2) An application for payment of gratuity filed after the expiry of the period specified in these regulations shall also be entertained provided the applicant adduces sufficient cause for the delay in preferring his claim.

No claim for gratuity under these regulations shall be invalid merely because the applicant failed to present his application within the specified period.

(3) On receipt of an application, if the claim of payment of gratuity is found admissible on due verification as to the correctness of the amount payable, the Competent Authority shall issue an order in Form 'G' sanctioning the gratuity (specifying the amount) payable to the applicant.

(4) If the claim of the gratuity is not found admissible, the applicant shall be informed by the Competent Authority with reasons therefor in Form 'I'.

(5) As soon as gratuity becomes payable the Competent Authority shall, whether an application referred to in the foregoing provisions of these regulations has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable.

(6) The Competent Authority shall arrange to pay the amount of gratuity within 120 days from the date, the same becomes payable to the person to whom it is payable.

(7) If there is any dispute as to the amount of gratuity payable to an employee under these regulations 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 same shall be referred to the Appellate Authority and the Appellate Authority shall after due enquiry and after giving the parties to the dispute a reasonable opportunity of being heard, determine, as far as possible, within a period of three months from the date of receipt of the reference by it, the amount of gratuity payable to an employee, or to the person entitled to receive the same and the Competent Authority shall make payment of the amount so determined to the person so entitled accordingly within a period of one month from the date of receipt of the Appellate Authority's order by him.

11. Option to receive payment under Gratuity Act.- An employee who but for the application of these regulations to him, would have been eligible to receive gratuity under the provisions of the Payment of Gratuity Act, 1972 (Act XXXIX of 1972), may opt for receipt of gratuity under the said Act provided he communicates his option in that behalf to the Competent Authority within a period of one year from the date of the publication of these regulations :

Provided further that, he shall be governed by these regulations on his ceasing to be governed by the provisions of the said Act for any reasons whatsoever.

12. Repeal.- The Gratuity Regulations in force immediately before the commencement of these regulations and applicable to the employees of the Authority shall, on such commencement, stand repealed except as respects things done or omitted to be done thereunder.

Schedule

[See regulation 2(f)]

Form 'A'

[See regulation 9(1)]

Nomination

To

The...........................................................................................................(Here give designation and address of the Competent Authority).

1. I, Shri/Smt./Kumari..................................................(Name in full) whose particulars are given in the statement below, hereby nominate the person(s) mentioned below, to receive the amount Of gratuity payable after my death as also the amount of gratuity standing to my credit in the event of my death before that amount has become payable or having become payable has not been paid and direct that the said amount of gratuity shall be paid in proportion indicated against the name(s) of the nominee(s).
2. I hereby certify that the person(s) mentioned is/are member(s) of my family within the meaning of clause (i) of regulation 2 of the Maharashtra Housing and Area Development Authority Employees Gratuity Regulations, 1955.
3. I hereby declare that i have no family within the meaning of clause (i) of regulation 2 of these Regulations.
4. (a) My father/mother/parents is/are not dependent on my (1) My husband's father/mother/parents is/are not dependent on my husband.
5. I have excluded my husband from my family by notice dated ........... to the Competent Authority.
6. Nomination made herein invalidates and supersedes my previous nomination.

Nominee(s)

Statement

Declaration by Witness

Place : .............

Date : .............

Certificate of the Competent Authority

Certified that the particulars of the above nomination have been verified and recorded in this office and nomination has been accepted.

Acknowledgement by the Employee

Received the duplicate copy of nomination in Form 'A' filed by me and duly certified by the Competent Authority.

Note. - Strike out the words/paragraphs not application.

Form 'B'

[See regulation 9(3)]

Fresh Nomination

The..........................................................................................................(Here give designation and address of the Competent Authority).

1. I, Shri/Smt./Kumari................................................. whose particulars are given in the statement below, have acquired a family within the meaning of clause (i) of Regulation 2, of the Maharashtra Housing and Area Development Authority Employees Gratuity Regulations, 1985 with effect from.............in the manner indicated below and, therefore, nominate afresh the person(s) mentioned below to receive the amount of gratuity payable after my death as also the amount of gratuity standing to my credit in the event of my death before that amount has become payable or having become payable has not been paid, direct that the said amount of gratuity shall be paid in proportion indicated against the name of the nominee(s).
2. I hereby certify that the person(s) nominated is/are member(s) of my family within the meaning of clause (i) of regulation 2 of the said Regulations.
3. (a) My father/mother/parents is/are not dependent on me

(b) My husband's father/mother/parents is/are not dependent on my husband.

4. I have excluded my husband from my family by notice dated ......... to the Competent Authority.

Nominee(s)

Manner of acquiring a "family"

(Here give details as to how a family was acquired Le. whether by marriage of parents being rendered dependent or through other process like adoption).

Statement

Place:

Date :

Signature/Thumb Impression of the employee

Declaration by Witness

Date : ..............

Place : .............

Certificate by the Competent Authority

Certified that the particulars of the above nomination have been verified and recorded in this office and nomination has been accepted.

Date : .......

Signature of the Competent Authority

Acknowledgement by the Employee

Received the duplicate copy of nomination in Form 'B' filed by me and duly certified by the Competent Authority.

Place :

Date :

Signature of the Employee.

Note. - Strike out the words/paragraphs not applicable.

Form 'C'

[See regulation 9(5)]

The.................................................................................................................(Here give designation and address of the Competent Authority)

I, Shri/Smt. Kumari .....................................................(Name in full) Whose particulars are given in the statement below, hereby give notice that the nomination filed by me on .................. (Date) and recorded under reference No................dated...................................(Here give details of the modifications intended), shall stand cancelled or modified in the following manner

Statement

Place : .......

Date : ........

Signature/Thumb Impression of the employee

Declaration by Witnesses

Place : ...........

Date : ............

Certificate by the Competent Authority

Certified that the particulars have been recorded and modification of nomination has been accepted.

Signature of the Competent Authority.

Date : ............

Acknowledgement by the employee

Received the duplicate copy of the notice for modification in Form 'C' filed by me on .................... duly certified by the Competent Authority.

Place : .......................

Date : ........................

Signature of Employee.

Note. - Strike out the words not applicable.

Form 'D'

[See regulation 10(1)]

Application for Gratuity by an Employee

To,

The.......................................................................................................................................................(here give designation and address of the Competent Authority or the Specified Officer).

I beg to apply for payment of gratuity to which I am entitled under regulations 3 and 4 of the Maharashtra Housing and Area Development Authority Employees Gratuity Regulations, 1985 on account of my superannuation/retirement/resignation, after completion of not less than five years of continuous service/total disablement due to accident or disease with effect from the .............. Necessary particulars relating to my appointment in the Authority are given in the statement below:-

Statement

2. I was rendered totality disabled as a result of ...................................................................................(Here give the details of the disease or accident),
3. The evidence/witnesses in support of my total disablement is/are as follows :...................................................................(Here give details)
4. Payment may please be made in cash/demand draft/crossed bank cheque.
5. If the amount of gratuity payable is less than rupees one thousand, the amount may be sent by postal money order at address mentioned above after deducting postal money order commission therefrom.

Note. - Strike out words/paragraphs not applicable.

Form 'E'

[See regulation 10(1)]

Application for Gratuity by a Nominee

To,

The..................................................................... (Here give designation of the Competent Authority or the Specified Officer).

I beg to apply for payment of gratuity to which I am entitled under regulations 3 and 4 of the Maharashtra Housing and Area Development Authority Employees Gratuity Regulations, 1985 as a nominee of late Shri/Smt./Kum........................................... (Name of employee)

Who was an employee of the Authority and who died on the............................... (Date)

The gratuity is payable on account of the death of the aforesaid employee while in service/superannuation 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 to my claim are given in the Statement below:-

Statement

2. I declare that particulars in the above statement are true and correct to the best of my knowledge and belief.
3. Payment may please be made in cash/demand draft/crossed bank cheque.
4. If my share of the amount of gratuity is less than one thousand rupees, I request that payment of such amount may be made by postal order at the address given above after deducting postal money order commission therefrom.

Yours faithfully.

Signature/Thumb Impression of applicant nominee.

Form 'F'

[See regulation 10(1)]

Application for Gratuity by a Legal Heir

To,

The..................................................................... (Designation and address of the Competent Authority or the Specified Officer).

Sir,

I beg to apply for payment of gratuity to which I am entitled under regulations 3 and 4 of the Maharashtra Housing and Area Development Authority Employees Gratuity Regulations, 1985 as the legal heir of late Shri / Smt. /Kum.................................................. (Name of the employee) who was employed in the Authority and who died on the ................... (Date) 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 of 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 with effect from the .............

Necessary particulars relating to may claim are given in the statement below :-

Statement

I declare that the particulars mentioned in the above Statement are true and correct to the best of my knowledge and belief.

Payment may please be made by cash/demand draft/crossed bank cheque.

If the amount payable is less than rupees one thousand, I request that payment of the sum due to me may be sent to me by postal money order at the address mentioned above, after deducting postal money order commission therefrom.

Place : .............

Date : ..............

Signature/Thumb Impression of applicant Legal Heir.

Note. - Strike out the words and paragraphs not applicable.

Form 'G'

[See regulation 10(3)]

Notice for payment of Gratuity

No. of 19 ...................... Office of the................... Date ............................

To

Shri/Smt./Kumari .................................................... (Name of employee/nominee/heir).

Subject : Grant of Gratuity

Sir/Madam,

I am to convey sanction to the payment of gratuity amounting to Rs. .............. (Rupees ................................) (in words) payable to you in lump sum, as gratuity/as your share of gratuity in terms of nomination made on ............................. by Shri/Smt./Kum. ........................................(Name of the employee) /as legal heir of late Shri/Smt./Kum..................................................... (Name of the employee) an employee of the Maharashtra Housing and Area Development Authority.

2. Please call at this office at the address given above on or after ........... on any working day between 10-30 a. m. to 5-00 p.m. for collecting your payment in cash/demand draft/crossed bank cheque.
3. The amount of gratuity payable is being sent to by postal money order at the address given in your application, after deducting the postal money order commission therefrom, as desired by you.

Brief Statement of Calculations

Signature of the Competent Authority.

Copy forwarded with compliment to :-

(1) The Financial Controller, Maharashtra Housing and Area Development Authority, Bombay.

(2) The Chief Accounts Officer.

2. A bill (in Form H) for payment to gratuity is enclosed. The bill may be returned duly passed for payment alongwith a cheque for the amount passed to enable this office to make payment to the employees/nominee/ legal heir.

Form 'H'

Bill for Payment of Gratuity

Maharashtra Housing and Area Development Authority

Bill No...................... Office of the....................... Dated ..............................

Certified that (i) particulars at items Nos. 1 to 8 have been verified with the Service Book and or other record and found to be correct, (ii) no claim in respect of the above was preferred previously and that suitable remarks have been made in the Service Book to avoid a duplicate claim, (iii) the amount of gratuity is payable without any deduction or is payable subject to the following deductions as provided in regulation 7 of the Maharashtra Housing and Area Development Authority Employees Gratuity Regulations, 1985.

Signature of Competent Authority

Audit Endorsement

Passed for Rs...................... (Rupees ...............) and pay by cheque, Head of Account ..................................................................

Noted in the gratuity register, no page ..................

Form 'I'

[See regulation 10(4)]

Notice rejecting claim for payment of Gratuity

No. of 19 Office of the ........... Date : ......................

To

Shri/Smt./Kumari ............................................................ (Name of employee/Nominee/heir)

You are hereby informed as required by clause (4) of regulation 10 of Maharashtra Housing and Area Development Authority Employees Gratuity Regulations, 1985 that your claim for payment of gratuity as indicated in your application form...........is not admissible for the reasons stated below.

Reasons

Signature of Competent Authority

Copy forwarded with compliment to : The Chief Accounts Officer/ The Accounts Officer for information.