Karnataka Compulsory Gratuity Insurance Rules, 2024

Background

The Karnataka Compulsory Gratuity Insurance Rules, 2024, were introduced under the authority of Payment of Gratuity Act, 1972. These rules mandate the registration and insurance coverage of establishments to ensure timely and secure payment of gratuity to eligible employees. The intent is to enforce financial security for employees through structured insurance coverage or gratuity fund mechanisms.

Applicability

These rules are applicable to every factory, mine, oilfield, plantation, port, Railway Company, every shop or establishment where 10 or more persons are employed or were employed on any day during the preceding 12 months and any other establishment Central Govt. may, by notification, specify. 

Compliances under the Rules in accordance with the Act

  • Registration of establishment under Gratuity Insurance in Karnataka (Section 4A of Payment of Gratuity Act, 1972, Rule 5(1))

Every employer shall submit an application in Form-I to get their establishment registered with the Controlling Authority or designated officer within thirty days of obtaining insurance, along with the list of insured employees.

  • Form III: Changes in the employees insured in Karnataka (Rule 5(2))

Employers must furnish updated details of insured employees in Form-III to the Controlling Authority during initial registration and whenever changes occur in employee coverage or policy details.

  • Form II: Option to continue existing insurance scheme in Karnataka (Rule 6)

Employers with an approved gratuity fund or those employing 500 or more people may opt to continue the arrangement by submitting Form-II, ensuring full coverage of gratuity liability under the Act.

  • Obtaining Insurance for payment of Gratuity by establishment in Karnataka (Section 4A, Rule 3)

Employers, except government establishments, must obtain gratuity insurance as per Section 4A(4) from LIC or other approved insurers under applicable laws like Insurance Act, Companies Act, IRDAI Act, etc.

  • Intimation of renewal of Policy to the Controlling Authority in Karnataka(Rule 3(3))

Employers must renew the gratuity insurance policy timely and intimate the Controlling Authority within fifteen days of renewal. They must also initiate the renewal before the expiry of the existing policy.

  • Registration of Approved Gratuity Fund Trust in Karnataka (Rule 7(1))

Employers with an approved Gratuity Fund must register the trust with equal representation from employer and employees, and ensure compliance with the Indian Trusts Act, Income Tax Act, and applicable laws.

  • Management of Gratuity Trust Fund in Karnataka (Rule 7(2))

The Gratuity Trust shall be managed either privately, jointly with an insurance company, or directly by the employer by contributing the calculated amounts periodically to the approved fund.

Penalties & Punishments

Under Section 91:

  • Whoever, for the purpose of avoiding any payment to be made by himself under this Act or of enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representation shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.
  • An employer who contravenes, or makes default in complying with, any of the provisions of this Act or any rule or order made thereunder shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year, or with fine which shall not be less than
    ten thousand rupees but which may extend to twenty thousand rupees, or with both
  • Where the offence relates to non-payment of any gratuity payable under this Act, the employer shall be punishable with imprisonment for a term which shall not be less than [six months but which may extend to two years unless the court trying the offence, for reasons to be recorded by it in writing, is of opinion that a lesser term of imprisonment or the imposition of a fine would meet the ends of justice.

Conclusion

The Karnataka Compulsory Gratuity Insurance Rules, 2024, ensure that all eligible employees receive their gratuity dues in a timely and secure manner through either insurance or approved gratuity funds. These rules increase transparency, mandate reporting, and standardize compliance procedures. They are a step forward in enhancing employee financial security and employer accountability in the state of Karnataka.

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