Karnataka Compulsory Gratuity Insurance Rules 2024
In exercise of the powers conferred by sub-section (4) of Section 4A of the
Payment of Gratuity Act, 1972 (Central Act No. 39 of 1972), the Government of
Karnataka hereby makes the following rules, namely;-
Rules
1. Title and Commencement.- (1) These rules may be called the Karnataka
Compulsory Gratuity Insurance Rules, 2024.
(2) They shall come into force from the date of their publication in the Official
Gazette.
2. Definitions.- (1) In these rules unless the context otherwise requires,-
(a) “Act” means the Payment of Gratuity Act, 1972 (Central Act No. 39 of
1972);
(b) “employer” means an employer other than employer of an
establishment belonging to or under the control of Central Government
or State Government;
(c) “form” means a form appended to these rules;
(d) “nomination” means nomination made under section 6 of the Act; and
(e) “section” means a section of the Act.
(2) The words and expressions used and not defined in these rules but defined
in the Insurance Act, 1938 (Central Act No. 4 of 1938), Life Insurance Corporation Act, 1956 (Central Act No. 31 of 1956) the General Insurance Business
(Nationalization) Act, 1972 (Central Act No. 57 of 1972), the Insurance Regulatory
and Development Authority Act, 1999 (Central Act No. 41 of 1999), the Payment of
Gratuity Act, 1972 (Central Act No. 39 of 1972) and the Payment of Gratuity
(Karnataka) Rules, 1973 shall have the same meanings respectively assigned to
them in the said Acts.
3. Obtaining Insurance for Payment of Gratuity.- (1) Every new employer
shall subject to fulfillment of sub-section (2) of Section 4A of the Act, within a period
of thirty days from the date on which these rules becomes applicable to such
establishment shall obtain valid insurance policy in the manner as prescribed
under sub-section (4) of Section 4A of the Act for his liability for payment towards
the gratuity to all eligible employees under the Act from the Life Insurance
Corporation of India or any other insurance company incorporated in accordance
with the provisions of the Insurance Act,1938(Central Act No. 4 of 1938), the
Companies Act, 2013 (Central Act No. 18 of 2013), the Insurance Regulatory and
Development Authority of India Act,1999 (Central Act No. 41 of 1999) or any other
law which is applicable to the insurance company in this regard.
(2) The employer of an establishment which is in existence at the time of
commencement of these rules shall obtain valid insurance policy within sixty days
from the date of commencement of these rules.
(3) The employer of the establishment who has obtained valid insurance
policy shall make all payments by way of premium to the insurance company and
renew the same periodically and intimate the same to the Controlling Authority
within fifteen days from the date of renewal of the policy. The employer shall initiate
the process of payment of premium and renewal of policy before the lapse of the
policy.
(4) Every employer shall exercise all due diligence for on-time payment of the
premium and renewal of the policy.
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