www.Aaptaxlaw.com
 
 
 

Section 5 - Power to exempt : Payment of Gratuity Act 1972

 

 

What is the Power to exempt? Section 5 of Payment of Gratuity Act 1972

Section 5 of Payment of Gratuity Act 1972 : "Power to exempt"

5. (1) The appropriate Government may, by notification, and subject to such conditions as may be specified in the notification, exempt any establishment, factory, mine, oilfield, plantation, port, railway company or shop to which this Act applies from the operation of the provisions of this Act if, in the opinion of the appropriate Government, the employees in such establish­ment, factory, mine, oilfield, plantation, port, railway company or shop are in receipt of gratuity or pensionary benefits not less favourable than the benefits conferred under this Act.

(2) The appropriate Government may, by notification and subject to such conditions as may be specified in the notification, exempt any employee or class of employees employed in any establishment, factory, mine, oilfield, plantation, port, railway company or shop to which this Act applies from the operation of the provisions of this Act, if, in the opinion of the appropriate Government, such employee or class of employees are in receipt of gratuity or pensionary benefits not less favourable than the benefits conferred under this Act.

 

(3) A notification issued under sub-section (1) or sub-section (2) may be issued retrospectively a date not earlier than the date of commencement of this Act, but no such notification shall be issued so as to prejudicially affect the interests of any person.

 

PAYMENT OF GRATUITY ACT 1972

Section 2 - Definitions

Section 2A - Continuous service

Section 3 - Controlling authority

Section 4 - Payment of gratuity

Section 4A - Compulsory insurance

 

 

Section 5 - Power to exempt

Section 6 - Nomination

Section 7 - Determination of the amount of gratuity

Section 7A - Inspectors

Section 7B - Powers of Inspectors

 

 

Section 8 - Recovery of gratuity

Section 9 - Penalties

Section 10 - Exemption of employer from liability in certain cases

Section 11 - Cognizance of offences

Section 12 - Protection of action taken in good faith

Section 13 - Protection of gratuity

Section 13A - Validation of payment of gratuity

Section 14 - Act to override other enactments, etc

Section 15 - Power to make rules

Home     About Us     Privacy Policy     Disclaimer    Contact Us  Sitemap