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Rule 324Published

Rule 324: Employer has no interest in gratuity fund money

Rule 324 protects gratuity fund money. Rules 316 to 329 govern approved gratuity funds under Part B of Schedule XI to the Act. No fund money is receivable by the employer under any circumstances, and the employer may not have any lien or charge on the fund.

Official notified Income-tax Rules, 2026

Need advice on Rule 324?

This article is for general information. Read the official Rules and applicable Act amendments, including the Taxation and Other Laws (Amendment) Act, 2026. If you need professional advice for your situation, contact Bizeneed.

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Bare law

Rule 324 - Employer not to have interest in fund moneys

No money belonging to the fund shall be receivable by the employer under any circumstances nor shall the employer have any lien or charge on the fund.

Rule breakdown

Protection

No money receivable by employer.

No lien or charge for employer.

Key takeaways

No refund

Employer cannot get money back.

No lien

No security over the fund.

Absolute

Under any circumstances.

Practical checklist

  • Keep fund assets ring-fenced.

Avoid

  • Do not route fund money to the employer.

FAQs

Can surplus go back to the employer?

Rule 324 says no money of the fund is receivable by the employer under any circumstances.

Can the employer pledge fund assets?

No, the employer cannot have any lien or charge on the fund.

Superannuation equivalent?

Rule 309(2).

Glossary

Lien
Right to retain property as security.
Fund
Gratuity fund (Rule 316(c)).

Official sources