REGISTERED NO . DL ( N)04/0007/2003-07 रजिस्ट्री से डी० एल ( एन) 04/0007/2003-07
भारत का राजपत्र The Gazette ofIndia
असाधारण
EXTRAORDINARY
भाग II - खण्ड 2
PART II- Section 2
प्राधिकार से प्रकाशिর
PUBLISHED BY AUTHORITY
नई दिल्ली, सोमवार, भवम्बर 26, 2007 / अग्रहायण 5,1929 NEW DELHI, MONDAY, NOVEMBER 26, 2007 / AGRAHAYANA 5, 1929
39] No. 39
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation,
LOK SABHA
The following Bill was introduced in Lok Sabha on 26th November, 2007:-
BILL NO. 90 OF 2007
A Bill further to amend the Payment of Gratuity Act, 1972 .
Be it enacted by Parliament in the Fifty -eighth Year of the Republic of India as follows:-
Short titke.
1. This Act may be called the Payment of Gratuity ( Amendment ) Act, 2007.
39 of 1972 .
Amendment of section2 .
2. In the Payment of Gratuity Act, 1972, in section 2, for clause (e) , the following clause shall be substituted, namely:-
(e) " employee" means any person (other than an apprentice) who is employed. forwages , whether the terms of such employment are express or implied , in any kind ofwork, manual or otherwise, in or in connection with the work of a factory, mine, oilfield, plantation, port, railway company, shop or other establishment, to which this Actapplies, but does not include any such person who holds a post under the Central Government or a Stalle Goverument and is governed by any other Act or by any rules providing for payment ofgratuity;'.
THE GAZETTE OF INDIA EXTRAORDINARY
[PARTII-
STATEMENT OF OBJECTS AND REASONS
The Payment of Gratuity Act, 1972 (the Act ) provides for payment of gratuity to employees employed in any establishment, factory, mine , oilfield , plantation , port , railway company or shop employing 10 or more workers .
:
2.The Central Government had extended the provisions of the Act to the educational institutions employing 10 or more persons vide this Ministry's notification No. S.O. 1080 dated 3rdApril , 1997. The Hon'ble Supreme Court in itsjudgment dated 13th January, 2004, in Ahmedabad Private Primary Teachers Association vs. Administrative Officer [ AIR 2004 (SC) [ 426] held that teachers are not entitled to gratuity under theAct , in view ofthe fact that teachers do not answer description of " employee " who are " skilled" , " semi -skilled " or " unskilled ". The Supreme Court observed that non -use of wide language similar to definition of " employee" as is contained in section 2(/) of the Employees' Provident Funds and Miscellaneous Provisions Act , 1952, reinforces the conclusion that teachers are not covered in that definition . Para 26 of the said judgment reads as follows:-
"Our conclusion should not be misunderstood that teachers although engaged in very noble profession of educating our young generation should not be given any gratuity benetit . There are already in several States separate stwutes, rules and regulations granting gratuity benefits to teachers in educational institutions which are more or less beneficial than the gratuity benefits provided under theAct. It is for the Legislature to take cognizance of situation of auch teachers in various establishments where gratuity benefits are not available and think of a separate legislation for them in this regard . That is the subject matter solely ofthe Legislature to consider and decide . "
3. Keeping in view the observations of the Hon'ble Supreme Court , itis proposed to widen the definition of " employee " , in order to extend the benefits of gratuity to the teachers , by amending the same.
4. The Bill seeks to achieve the above objecis ,
NEWDELETI
OSCAR FERNANDES .
The 7thSeptember, 2007 SEC.2]
THE GAZETTE OF INDIA EXTRAORDINARY
FINANCIAL MEMORANDUM
The Payment of Gratuity Act, 1972 ( the Act) provides for payment of gratuityto employees employed in any establishment , factory, mine, oilfield , plantation, port, railway company or shopemploying ten or more workers. The Bill amends the definition of" employee " in section 2(e) of the Act so that teachers shall also be entitled for payment ofgratuity.
2.The responsibility for administration of the Act vests mainly in the State Governments and the liability for payment of gratuity vests in the employer . The employees ofthe Central Government and State Governments who are getting gratuity under any other Act or rules are not covered under the Act . However, as respects teachers employed by institutions aided by the Central Government , the liability on employers may involve expenditure from the Consolidated Fund of India. The exact expenditure to be incurred on this account cannot be estimated at this stage.
3.Apart from the above , no other expenditure of recurring or non -tecurring nature from the Consolidated Fund of India is envisaged.
P. D. T. ACHARY, Secretary-General.
PRINTED BY THE MANAGER , GOVT . OF INDIA PRESS , MONTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS . DELHL, 2007.
MGIPMRND 4875G -24-12-2007 .