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State of Assam - Section

Section 11 in The Assam Gratuity Act, 1992

11. Forfeiture of gratuity.

(1)Notwithstanding anything contained in section 9 the gratuity payable to an employee, whose services have been terminated for any act, wilful emission or negligence causing any damage or loss to, or destruction of property belonging to the employers, shall be forfeited to the extent of the damage or loss so caused.
(2)The Gratuity payable to an employee shall be wholly forfeited: (a) If the services of such employee have been terminated for his riotous or disorderly conduct or any act of violence on his part.
(b)If the services of such employee have been terminated for any act which constituted an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.
(3)Where the employee resigns after commencement of an enquiry on his behaviour, the gratuity payable shall remain unpaid till such time the enquiry is completed.