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Rule 23
Collection of gratuity amount
(1) In accordance with the contribution-based social security act, 2074, until the social security fund is established and fully operational, the employer shall deposit the amount for the contributions of the workers employed by him in the citizen investment fund, in the approved retirement fund or by opening a separate account.
(2) The amount deposited in accordance with sub-rule (1) and the amount accumulated in the retirement fund or any other similar fund established in accordance with the law in force at the time of commencement of the Act or the amount for the contribution of the workers under the responsibility of the employer is listed as an employer in accordance with Section 20 of the Social Security Act, 2074 The date shall be transferred to the Social Security Fund established as per Section 26 of the same Act in a lump sum or in maximum four installments within two years.
(3) When transferring the amount of gratuity according to sub-rule (2), it should be transferred as follows:˗
(a) When calculating the gratuity before Bhadra 19, 2074, the wages of the workers on the date of such gratuity calculation shall be considered as the wages received by him, which will be the amount according to Rule 23 of the Labor Regulations, 2050. (b) When calculating the gratuity after the 19th of Bhadra 2074, the amount will be as per sub-section (1) of section 53 of the Act.
(4) Notwithstanding anything else written in this rule, at the time of the commencement of this rule, if someone has received gratuity facilities in excess of the rate mentioned in section 53 of the Act, from such gratuity amount up to the extent of the rate mentioned in the act, according to section 26 of the Social Security Act, 2074 Must be deposited in the established social security fund. Necessary arrangements should be made so that the workers concerned will receive the remaining amount collected in that way.