Section 8A in The U.P. Factories Welfare Officers Rules, 1955
8A. [ Gratuity. [Inserted by Notification No. 2228 (SM)/XXXVI-A-1228 (SM), 57, dated February 13, 1964, published in the U.P. Gazette, Part 1-A, dated February 22, 1964, and substituted by Notification No. 1165 (V)/XXXVI-3-200 (25)-WO-77-CA-63-1948-Rule 1955 AM (6)-78, dated 21.9.1979, published in U.P. Gazette, Part 4, Section (kha) Extraordinary, dated 21.9.1979, pp. 4-6.]
(1)Gratuity shall be payable to a Welfare Officer on the termination of his employment after he has rendered continuous service for not less than five years,-(a)on his superannuation, or(b)on his retirement or resignation, or(c)on his death or disablement due to accident or disease:Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any Welfare Officer is due to death or disablement:Provided further that in the case of death of the Welfare Officer gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs.Explanation. - For the purposes of this rule, disablement means such disablement as incapacitates a Welfare Officer for the work which he was capable of performing before the accident or disease resulting in such disablement.(2)For every completed year of service or part thereof in excess of six months the employer shall pay gratuity to a Welfare Officer at the rate of fifteen days' pay based on the rate of pay last drawn by concerned officer.(3)The amount or gratuity payable to Welfare Officer shall not exceed twenty months' pay.(4)Nothing in this rule shall affect the right of a Welfare Officer to receive better terms of gratuity under any award or agreement or contract with the employer.(5)Notwithstanding anything contained in sub-rule (1)-(a)the gratuity of a Welfare Officer, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of, property belonging to employer, shall be forfeited to the extent of the damage or loss so caused;(b)the gratuity payable to a Welfare Officer shall be wholly forfeited-(i)if the services of such Welfare Officer have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or(ii)if the services of such Welfare Officer have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.]
