National Health Insurance Act, 1933

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Gratuities to certain part-time officers and employees of approved societies.

23.—(1) Every person who—

(a) was on the 30th day of June, 1932 the holder of a qualifying post under an approved society, and

(b) was the holder of a qualifying post under an approved society immediately before the date of transfer in respect of such approved society, and

(c) had immediately before the said date of transfer at least one completed year of qualifying service, and

(d) was not at the said date of transfer offered permanent employment by the Unified Society at a rate of remuneration which, having regard to the remuneration previously received by him in respect of national health insurance services, is reasonable,

shall, subject to the provisions of this section, be entitled to be paid by the Unified Society compensation under this section.

(2) The compensation payable to a person entitled to compensation under this section shall be a gratuity and the amount thereof shall be a sum (not exceeding in any case the amount of his annual remuneration) calculated on the basis of one-twelfth of his annual remuneration for every completed year of qualifying service.

(3) For the purposes of this section the following provisions shall have effect, that is to say:—

(a) each of the following persons shall be the holder of a qualifying post under an approved society, that is to say:—

(i) a part-time officer of such society;

(ii) a part-time employee of such society whose earnings from such society were not his principal means of livelihood;

(b) in ascertaining the qualifying service of a person who was the holder of a qualifying post under an approved society immediately before the date of transfer in respect of such society the whole of the period immediately before such date during which such person was the holder of a qualifying post or posts continuously in any approved society or societies and no other period or periods shall be reckoned as qualifying service;

(c) the provisions of paragraphs (c) and (d) of sub-section (3) of the immediately preceding section shall apply in respect of a person who was the holder of a qualifying post under an approved society, within the meaning of this section, in like manner as the said provisions apply in respect of a person who was the holder of a qualifying post within the meaning of the said immediately preceding section;

(d) the annual remuneration of a person entitled to compensation under this section shall be taken to be twelve times his average monthly remuneration in respect of the year 1932 as the holder of a qualifying post or posts under an approved society or societies, and in calculating his annual remuneration any amount or amounts paid to such person for the provision of clerical assistance or other expenses or by way of bonus shall not be treated as part of his remuneration.

(4) Where—

(a) a person who though employed by some other person or body has in the course of such employment been engaged part-time on health insurance work for an approved society, and

(b) the remuneration of such person in respect of such work was not his principal means of livelihood,

such person shall, for the purposes of this section, be deemed in respect of every period during which he was engaged on such work for such society to have been the holder of a qualifying post under such society, but in calculating under sub-section (3) of this section his annual remuneration as the holder of a qualifying post under such society no payments, other than payments in respect of such work for such society, shall be taken into account.

(5) Where—

(a) a person who was the holder of a qualifying post under an approved society would, but for his being offered at the date of transfer in respect of such society permanent employment by the Unified Society at a rate of remuneration which, having regard to the remuneration previously received by him in respect of national health insurance services, is reasonable, be entitled to compensation under this section, and

(b) such person accepts such offer, and

(c) such person is dismissed (otherwise than for misconduct or illness) by the Unified Society within five years after the said date of transfer,

such person may apply to the Minister for a declaration that he is entitled to compensation under this section and thereupon the Minister may, if he thinks it reasonable in all the circumstances of the case so to do, declare such person entitled to compensation under this section and upon such declaration being made such person shall, notwithstanding paragraph (d) of sub-section (1) of this section, be entitled to be paid by the Unified Society compensation under this section.

(6) Where a person entitled to compensation under this section is offered and accepts temporary employment by the Unified Society, he shall not be entitled to be paid such compensation until he has ceased to be employed by the Unified Society.

(7) Where compensation has been paid under this section to a person who immediately before the date of transfer in respect of an approved society was the holder of a qualifying post under such society and such person within three years from the said date of transfer is offered and accepts permanent employment with the Unified Society, such person shall repay to the Unified Society either, as the Minister shall determine, the whole of such compensation or such part thereof as the Minister may fix and any amount so repayable may be paid in instalments extending over such period as the Minister may consider reasonable.

(8) Any moneys payable by a person to the Unified Society under the immediately preceding sub-section shall be a debt due by such person to the Unified Society and may be recovered as a simple contract debt in a court of competent jurisdiction.

(9) If any question arises as to the right of any person to compensation under this section or as to the amount of such compensation, such question shall be referred to the Minister, whose decision shall be final.