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radha70

Gratuity eligibility

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radha70

Hello,

Dear Sir, I am working with a well ruputed Firm's School recognised by Andhra Pradesh state govt.edn department. I have completed seven years of service. Now iam going to leave . This school runs under trust but we do pay p.f e.s.i to all the staff. now being the adming head iam eligible for gratuity . kindlylet me know how can i claim my gratuity.

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MANOJ B. PATEL

RTI Act can not get your EPF and Gratuity but can show the way to know the reasons for such delay.

You have to file complaint first before the concerned authorities stating that you have not been paid and demand expeditious payment of such Gratuity and EPF, (separately to each dept)

After 15 days you can file RTI Application before EPF commissioner asking for status of your complaint and reasons for undue delay.

In case of Gratuity, every employer is supposed to display gratuity act and appeal/complaint procedure in Notice Board. If your employer is Public Authority, then you can file same RTI Application to him also ( A simple format for more clarity is given)

 

Application dt.................seeking information under RTI Act filed

Before CPIO, .........Commissioner of Provident Fund.......................(Full address of the office where your EPF account is being maintained)

RTI fee: Rs.10/- Indian Postal Order No........drawn in favour of Accounts officer.......

Applicant:............................................................(name and address)

 

Brief Facts : settlement of PF/Gratuity of employee Name......................................, designation.............No.................................past employer.................................

Complaint filed on non settlement dt.......................

 

Information solicited:

1.Please inform the prescribed period within which settlement has to be done as per Act. and remedy available to employee for abnormal delay as per Act.

2.Please provide reasons for undue delay and the name of the officials who are responsible for delay and their mobile nos.

3.Any objections/clarifications has been served on employee so far, if so provide certified copies with service proof.

4.Action taken on complaint by Applicant dt...........served vide Regd., Post on............

5.The expected date of settlement.

 

Place

date.................................Applicant.

(You can modify as per your requirement)

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D.T.RATHAVA

dearmember,

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

ACTs – Payment of Gratuity Act, 1972 (Act No.39 of 1972) – Andhra Pradesh compulsory Gratuity Insurance Rules, 2011 – Notification – Issued.

LABOUR EMPLOYMENT TRAINING AND FACTORIES (LAB.IV) DEPARTMENT

G.O.Ms.No. 11 Dated:04.03.2011

Read:

Lr.No.M1/8842/2010, dated: 04.12.2010 from the Commissioner of Labour, Andhra Pradesh.

***

ORDER:

The following notification will be published in the Andhra Pradesh Gazette.

NOTIFICATION

In exercise of the powers conferred by sub-section (1) of Section 15 read with Section 4A of the Payment of Gratuity Act, 1972 (Act No.39 of 1972), the Government of Andhra Pradesh hereby make the following Rules:

Short title and

Commencement

1. (i) These rules may be called the Andhra Pradesh Compulsory Gratuity Insurance Rules, 2011.

(ii) They shall come into force at once.

Obtaining

Insurance

for payment

of Gratuity:-

2. Every employer other than an employer of an establishment belonging to, or under the control of, the Central Government or a State Government, shall subject to provisions of sub section (2) under section 4A of the Act, obtain an insurance in the manner prescribed under sub-section (4) of section 4A of the Act for his liability for payment towards the gratuity under this Act, from the Life Insurance Corporation of India or any other Insurance Company incorporated under the Company’s Act, 1950.

Recovery of

the amount

of Gratuity:-

3. (i) The Controlling Authority appointed under section 3 of the Act is authorized to recover the amount of the Gratuity payable to an employee, as decided by the employer under sub-section (2) of section 7 of the Act or in case of a dispute, as decided by the Controlling Authority under subsection

(4) of section 7 of the Act, from the Life Insurance Corporation of India or any other Insurance Company with whom an Insurance has been taken under sub-section (1) of section 4A of the Act or as the case may be, the Board of Trustees of the “Approved Gratuity Fund” constituted in accordance with sub-section (5) of section 2 of the Income Tax Act, 1961 and

(ii) Such board of trustees should include equal number of representatives of the employer and the employees of the establishments.

Registration

of the

establishment

4. (i) Every employer of an establishment covered by the Act shall get his establishment registered with the Controlling Authority of the area in Form-I, within 30 days from the notification of the compulsory insurance provided under section 4A of the Act, along with details of employees of the establishment, to be furnished in Form-III:

ii) Every employer shall furnish the details of the employees insured, to the controlling authority in Form-III at the time of registration of the establishment with the controlling authority and thereafter whenever there is a change in the employees insured.

Continuing

approved

Gratuity Fund:-

5. Every employer of an establishment covered under the Act, who had already established an Approved Gratuity Fund in respect of his employees and who desires to continue such arrangement, and every employer employing 500 or more persons who establishes an Approved Gratuity Fund in accordance with sub-section (5) of section 2 of the Income Tax Act, 1961 may opt to continue / adopt such arrangement by submitting an option in Form-II, provided such existing Approved Gratuity Fund covers the entire liability of all the employees of the establishment, under the Act.

Andhra-Pradesh-compulsory-Gratuity-Insurance-Rules-2011-–-Notification.pdf

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Prasad GLN

It is mandatory to display Gratuity Act in Notice Board by Employer.

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