HI ALL
Some of my HR professional guy, indicated that Grautuity payable to nominee / legal heir can be attached towards any kind of recovery
Is it so, kindly update with your answers
REgards
R Sudhakar
From India, Madras
7Some of my HR professional guy, indicated that Grautuity payable to nominee / legal heir can be attached towards any kind of recovery
Is it so, kindly update with your answers
REgards
R Sudhakar
From India, Madras
Dear R Sudhakar,
According to section 13 of the Payment of Gratuity Act, 1972 no gratuity payable under this Act & no gratuity payable to an employee employed in any establishment, factory, mine, oilfield. plantation, port. railway company or shop exempted under section 5 shall be liable to attachment in execution of any decree or order of any civil, revenue or criminal court.
Regards,
R.N.Khola
From India, Delhi
According to section 13 of the Payment of Gratuity Act, 1972 no gratuity payable under this Act & no gratuity payable to an employee employed in any establishment, factory, mine, oilfield. plantation, port. railway company or shop exempted under section 5 shall be liable to attachment in execution of any decree or order of any civil, revenue or criminal court.
Regards,
R.N.Khola
From India, Delhi
Thanks to MR Sridhar and Khola, but my question is your answer is right when the ex employee is alive, my question is once the ex employee is expired and the grautity which is payable to his nominee/legal heir whether that can be attached or not.When the ex employee is alive, there is no question of attaching. your views pls
From India, Madras
From India, Madras
Dear Sudhakar,
In my opinion when section 13 says that no gratuity payable under this Act shall be liable to attachment in execution of any decree then that means that includes gratuity payable to any of the nominee or legal heir also.
Opinion submitted as requested.
Regards,
R.N.Khola
From India, Delhi
In my opinion when section 13 says that no gratuity payable under this Act shall be liable to attachment in execution of any decree then that means that includes gratuity payable to any of the nominee or legal heir also.
Opinion submitted as requested.
Regards,
R.N.Khola
From India, Delhi
Mr.RN Khola is cent percent correct. Further Mr.Sudhakar may pl. note that normally all kind of terminal benefits of employees are protected from attatchment like this. Example
The Employees Provident Fund and Miscellaneous Provisions Act 1952 - Sec: 10 Protection against attatchment: (1) The amount standing to the credit of any member in the Fund (or of any exempted employee in a provident fund) shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any Court in respect of any debt or liability incurred by the member.... (2) Any amount standing to the credit of a member in the fund or of an exempted employee in a provident fund at the time of his death and payable to his nominee under the Scheme or the rules of the provident fund shall, subject to any deduction authorised by the said Scheme or rules, vest in the nominee and shall be free from any debt or other liability incurred by the deceased or the nominee before the death of the member or of exempted employee and shall also not be liable to attachment under any decree or oder of any court.
The Pension Act 1871 - Sec 11. Exemption of Pension from Attachment: No pension granted or continued by Government on political consideration or on account of past services or present infirmities or as a compassionate allowance, and no money due or to become due on account of any such pension or allowance, shall be liable to seizure, attachment or sequestration by process of any Court at the instance of a creditor, for any demand against the pensioner or in satisfaction of a decree or order of any such court.
S.SAMPATH, JT.GEN.SECRETARY
TNSTC STAFF FEDERATION, MADURAI
94420 36044
From India, Madurai
The Employees Provident Fund and Miscellaneous Provisions Act 1952 - Sec: 10 Protection against attatchment: (1) The amount standing to the credit of any member in the Fund (or of any exempted employee in a provident fund) shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any Court in respect of any debt or liability incurred by the member.... (2) Any amount standing to the credit of a member in the fund or of an exempted employee in a provident fund at the time of his death and payable to his nominee under the Scheme or the rules of the provident fund shall, subject to any deduction authorised by the said Scheme or rules, vest in the nominee and shall be free from any debt or other liability incurred by the deceased or the nominee before the death of the member or of exempted employee and shall also not be liable to attachment under any decree or oder of any court.
The Pension Act 1871 - Sec 11. Exemption of Pension from Attachment: No pension granted or continued by Government on political consideration or on account of past services or present infirmities or as a compassionate allowance, and no money due or to become due on account of any such pension or allowance, shall be liable to seizure, attachment or sequestration by process of any Court at the instance of a creditor, for any demand against the pensioner or in satisfaction of a decree or order of any such court.
S.SAMPATH, JT.GEN.SECRETARY
TNSTC STAFF FEDERATION, MADURAI
94420 36044
From India, Madurai
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc