PAYMENT OF GRATUITIES ETC TO INDIAN REPATRIATES law

Arrangement of Sections

1. Short title.

2. Employer's liability to pay gratuity to Indian repatriates.

3. Section 31B(1)(b) of the Industrial Disputes Act not to apply to Indian repatriates.

4. Pending applications under section 31B(1)(b) of the industrial Disputes Act.

5. Employer to notify the amount due and time limit within which payment is to be made.

6. Advance Account Fund.

7. Certificate of the Commissioner.

8. Payments due to Indian repatriates employed on estates vested in the Land Reform Commission or acquired under the Land Acquisition Act.

9. Commissioner's power of entry and inspection.

10. Offences.

11. Conduct of proceedings by Commissioner for purposes of this Law.

12. Service of notice.

13. Provisions of this Law to prevail over any other law.

14. Interpretation.

SCHEDULE

34 of 1978.

A LAW to provide for the Payment of Gratuities and other monetary benefits to Indian Repatriates, and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 31st July, 1978]

1. Short title.

This Law may be cited as the Payment of Gratuities and other Monetary Benefits to Indian Repatriates (Special Provisions) Law.

2. Employer's liability to pay gratuity to Indian repatriates.

(1) Every employer who has employed an Indian repatriate—

(a) as a labourer; or

(b) as a member of the staff,

on any estate for a period of not less than five years, shall pay such repatriate in respect of his services under that employer as a labourer or as a member of the staff, as the case may be, a gratuity computed in accordance with the rates set out in the Schedule hereto.

(2) The provisions of subsection (1), shall not apply to or in relation to, an Indian repatriate who has been paid a gratuity in respect of such services by such employer on or before the date of commencement of this Law.

(3) Any payment of gratuity due to an Indian repatriate under subsection (1), shall, in the event of the death of such repatriate before receiving such payment, be paid to such person or persons as would have been entitled under section 24 of the Employees Provident Fund Act to receive the amount referred to in that section, had such repatriate been a contributor to the Employees Provident Fund.

3. Section 31B(1)(b) of the Industrial Disputes Act not to apply to Indian repatriates.

An Indian repatriate who is a labourer or a member of the staff employed on any estate, or on his behalf, a trade union of which he is a member shall not be entitled to make an application for relief or redress in respect of the payment of gratuity or other benefits under section 31B(1)(b) of the Industrial Disputes Act.

4. Pending applications under section 31B(1)(b) of the industrial Disputes Act.

(1) Every application made to a labour tribunal under section 31B(1)(b) of the Industrial Disputes Act, on or before the date of commencement of this Law, by an Indian repatriate who is a labourer or a member of the staff employed on any estate or on his behalf, by a trade union of which he is a member in respect of the payment of gratuity or other monetary benefits may, by motion at any time before a determination is made on that application, be withdrawn by such repatriate or such trade union and such tribunal shall make order allowing such motion.

(2) Where an order allowing a motion to withdraw an application has been made under subsection (1), the provisions of this Law relating to the payment of gratuity and other monetary benefits shall apply to the Indian repatriate in respect of whom such application was made to the labour tribunal and accordingly the employer shall, within two weeks of the date of the said order, notify such repatriate the amount of gratuity and other monetary benefits due to him.

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