Ethical and Legal Issues

MEDICAL ETHICS

Medical Ethics may be described as the moral principles that should guide members of the medical
profession in their dealings with each other, with the patients and the State

To form Standards for the behaviours of healthcare professionals provide general guidelines for
healthcare activities

FOUR CORNERSTONES OF MEDICAL ETHICS

RESPECT FOR AUTONOMY: Patient's right to act on own free will

BENEFICENCE: Benefit of the patients

NON-MALEFICENCE: No Harm

JUSTICE: Alike patients should be treated alike

Rights and Responsibilities of Medical Professionals

Rights and Responsibilities of Patients

Informed Consent Right to Medical

Treatment
Privilege
Communication Clinical Trial
Medical Records Inform – Prior
Treatment
LAW

“Ignorantia Juris Non Excusat”

Ignorance of law is not an excuse

Healthcare Service

• Medical Jurisprudence : Legal aspects of Medicine care & Regulation of Medical Professional
• Forensic Medicine: Medical Knowledge for administration of Justice

Hospital Staff Employment

• Labour Laws

INDIAN CONSTITUTION

CONSTITUTION OF INDIA

Supreme law of India.

Adopted on 26 th November, 1949 but came into force on 26 th January 1950 which is now
celebrated as the Republic Day.

Longest written Constitution in the world.

Dr. BR Ambedkar is considered as the architect of the Constitution of India.

Sovereign, Democratic Republic and Secular in nature

Federal in setup and unitary in function

Flexible and not rigid

Constitution provides for government machinery for both Union and the State.

All functions and powers of the Courts are clearly defined.

Parliament cannot override the Constitution.

INFLUENCE OF OTHER CONSTITUTIONS
INDIAN JUDICIAL SYSTEM

TRIBUNALS

Tribunals were introduced in the Constitution by way of amendments (42 nd amendment in 1976)

Objectives

Deliver speedy, inexpensive and decentralized adjudication of disputes in various matters.

Alternative to courts for dispute resolution

Administrative Tribunals

Art.323A : Empowers the Parliament to provide for the establishment of administrative tribunals for
the adjudication of disputes relating to recruitment and conditions of service of persons appointed to
public services of the Centre, the states, local bodies, public corporations, and other public
authorities.

National Green Tribunal: Established under the National Green Tribunal Act, 2010 for effective and
expeditious disposal of cases relating to environmental protection.

National Company Law Tribunal: Adjudicating issues relating to Indian companies.

The tribunal was established under the Companies Act 2013

LAW OF CONTRACT

REQUIREMENTS OF A VALID CONTRACT

Offer
Acceptance

Agreement

Lawful Consideration

Competency to contract

Intention to contract

Free consent

Lawful object

Not expressly declared to be void by law and necessary formalities to be complied with

TYPES OF CONTRACTS IN INDIA

Type of Contract Description

Valid Contract S.2(h), Indian Contract Act, 1872: Contract means an agreement
enforceable by law

Voidable Contract S.2(i): Agreement enforceable by law at the option of one or more of the
parties thereto, but not at the option of other/s
When consent to agreement caused by coercion, fraud or
misrepresentation, undue influence

Void Contract S.2(j): Agreement not enforceable by law

STANDARD CONTRACTS (STANDARD FORM CONTRACT / CONTRACT OF ADHESION)

Contract made in standardized form

In such case, one party has printed forms of contract containing specified terms and conditions (Such
clauses may restrict or exclude liability of the party preparing it)

The other party has no opportunity to bargain and has either accept or refuse to enter into contract
on the stated terms and conditions. The terms and conditions are not open to alteration / discussion
/ negotiation.

Eg. LIC, Bank loan documents, insurance documentation

Contract for medical treatment may be express / implied

Apart from treatment provided after getting consent on consent forms, usually most doctor patient
contracts are implied contracts

CONSENT

Definition

Consent is defined as free and voluntary agreement, compliance or permission given for a specified
act or purpose
“VOLENTI NON FIT INJURIA” means ‘he who consents cannot complain’.

DOCTRINE OF INFORMED CONSENT

Every person has the right to know, in non professional terms, regarding the disease, its status and
treatment options.

Informed consent is a step that will maintain transparency between doctor patient relationships.

TYPES

• EXPRESS
• IMPLIED

COMPONENTS OF CONSENT

• VOLUNTARINESS
• CAPACITY
• KNOWLEDGE

INDIAN CONTRACT ACT, 1872

Section 13

“two or more persons are said to consent when they agree upon the same thing in the same sense”

Section 14

consent is said to be free and voluntarily when

It is not obtained by coercion/force

It is not obtained by fraud

It is not obtained under influence

It is not obtained under influence of intoxication

It is not obtained by misrepresentation

It is not obtained from mistaken subjects

It is not obtained from mentally unsound persons.

EXCEPTIONS

• Emergency
• Incompetence
• Therapeutic privilege
• Waiver
Section 88 of IPC/ 26 of BNS

This section deals with act not intended to cause death done by consent in good faith for the
person’s benefit

Illustration

Suppose a surgeon “ performs an operation on patient “ who was suffering from disease The
intention of X is to relieve Y from pain and suffering by performing operation and not to cause of
death of Y Thus X has not committed any offense

Section 89 of IPC/ 27 of BNS

Act done in good faith for benefit of child or insane person by consent of guardian

In both of above sections i e 88 and 89 of IPC, The important features are as follows

The intention is not to kill the patient but to cure his disease

Consent of the particular patient or guardian has been obtained for the procedure

Section 90 of IPC/ 28 of BNS

Consent taken under fear or misconception is not considered as valid consent

Section 92 of IPC/ 30 of BNS

Act done in good faith for benefit of a person without consent

For example suppose a surgeon “ performs an operation on patient “ because it is necessary to save
the life Now consider that the patient Y is unconscious and there is no time to call his family
members and take consent or person appears to be unidentified ( one Then question arises from
whom the consent should be obtained? In such situation, if surgeon X operates Y without consent
with good faith to save the life of patient, then the act of surgeon is not an offense

Section 93 of IPC/ 31 of BNS

Communication made in good faith

No communication made in good faith is an offense by reason of any harm to the person to whom it
is made, if it is made for the benefit for that person

EUTHANASIA

EUTHANASIA AND TYPES

For Patient euthanasia can be classified into the following categories

Voluntary Euthanasia In voluntary euthanasia, the patient in his conscious state of mind either
consents to the administration of any medical process through which his life may be ended or
voluntarily requests for the administration of such process The euthanasia is called “ when his
consent is obtained at a stage where he is suffering from a great deal of pain but is capable of making
reasonable decisions

Involuntary Euthanasia Euthanasia is “when the life of a patient is brought to an end without his
consent either because he may be incapable of giving it or may even not be in a capacity to
understand what he is going through or what would happen to him In this case, the decisions are
made by the family members or close friends of the patient, or even sometimes by the medical
practitioner and the patient is killed without his knowledge

For a medical practitioner euthanasia can either be active or passive The distinction between these
has been explained by the Supreme Court of India in Aruna Ramachandra Shanbaug v Union of India

For a medical practitioner euthanasia can either be active or passive

Active euthanasia (Aggressive Euthanasia) comprises necessary medical procedures, such as

administering a lethal substance, e g Sodium Pentothal, through which a patient dies painlessly in a
short period of time Hence, it requires an affirmative action by a medical practitioner through which
the life of a terminally ill patient can be brought to an end However, this is illegal in India and is a
criminal offence under the Indian Penal Code

Passive euthanasia - Passive euthanasia involves withholding of the medical treatment which would
ensure the continuance of a patient’s life, for example, discontinuance of life saving antibiotics,
withdrawal of heart lung machine from a patient who is in coma Thus, passive euthanasia can be
described as a deliberate omission where all the medical assistance provided to the patient for
lengthening his life is terminated In India, passive euthanasia is legal, however, there is no legislative
sanction regulating the same

MEDICO - LEGAL CASE

A MLC is defined as “any case of injury or ailment where, the attending doctor after history taking
and clinical examination, considers that investigations by law enforcement agencies are warranted to
ascertain circumstances and fix responsibility regarding the said injury or ailment according to the
law”.

EXPERT EVIDENCE

SUMMON

A summons is a writ compelling the attendance of the witness in a court of law, at a specified place
and time, and for a specified purpose under penalty ( sub under, poena penalty)

These are of two types and are

Subpoena adtestificandum - Personal attendance

Subpoena duces tecum - Document submission

Disobedience of summons

section 172 of IPC

Punishment : may extend to simple imprisonment for six

months or fine of Rs 100 or both.

MEDICAL RECORDS: LEGAL ASPECTS

Medical Record

OPD cards

IPD cards

Details of provisional and final diagnosis

Treatment record

X ray films/USG report/CT scan/MRI films

Laboratory reports

GUIDELINES For medical record practice,who, 1980

A medical record is a collection of data compiled on a patient to assist in the clinical care of present
and future illnesses

As a minimum, each record should contain

Sufficient information to identify the patient

Date of contact

Reason for contact (complaint or control)

Findings

Treatment and recommendation

Maxim “To be complete, the medical record must contain sufficient data, written in sequence of
events, to justify the diagnosis and warrant the treatment and end results”

A medical record should be

Able to identify the patient

Legible and able to be understood by anyone likely to use it

Accurate, logical and concise in its organization

Consistent in layout and the size of papers used in it

Able to identify the people who are contributing to the record so that they may be asked for further
information if necessary

Promptly retrievable when required

MEDICAL RECORDS: PURPOSES / USE

Document the course of patient illness and medical treatment as inpatient or as an outpatient

Serve as communication between the physician and other professionals contributing to patient care

Providing continuity of care on subsequent patient admission (better patient care ensure quality and
continuity of care)

Review, study and evaluate patient care by the hospital medical staff committees (better
management of the healthcare system, health surveillance assessment of care)

Provide data for 3 rd parties concerned with patient (hospital bills insurance companies or other
physicians, hospitals, government agencies etc ..))(for reimbursement of medical cost under
Government and Private insurance schemes, evidence in medico legal cases)

Provide data to assist in protecting the interests of the patient, hospital and medical staff

Provide clinical data for research study and educational purposes (medical and biomedical research)

Provide data for prevention and control of diseases at the community, national and international
levels (predict outbreaks of epidemics, predictive and precision medicine)

Medical Records Preservation

Confidentiality / Privileged Communication

ELECTRONIC MEDICAL RECORDS

Digital version of the traditional paper based medical record of the individual

EMR represents a medical record within a single facility (doctor’s office or clinic)

Validity of EMR

After enactment of IT Act, 2000 and subsequent amendment in the IT ( Act, 2008 any records in the
electronic form can be produced before any authority as a valid proof

Appropriate amendments were made in S 63 of the Indian Evidence Act, 1872

Section 63 2 Secondary evidence Copies made from the original by mechanical processes which in
themselves insure the accuracy of the copy, and copies compared with such copies

The electronic records are acceptable evidence in the Court of Law

MEDICAL COUNCIL OF INDIA (MCI) CODE OF ETHICS REGULATIONS, 2002 (RELATED TO

MAINTENANCE OF MEDICAL RECORDS)
Chapter 1 Clause 1 3 Maintenance of Medical Records

1 3 1 Every physician shall maintain the medical records pertaining to his her indoor patients for a
period of 3 years from the date of commencement of the treatment in a standard proforma laid
down by the MCI as in Appendix III

1 3 2 If any request is made for medical records either by the patients authorised attendant or legal
authorities involved, the same may be duly acknowledged and documents shall be issued within the
period of 72 hours

1 3 3 A Registered medical practitioner shall maintain a Register of Medical Certificates giving full
details of certificates issued When issuing a medical certificate he she shall always enter the
identification marks of the patient and keep a copy of the certificate He She shall not omit to record
the signature and/or thumb mark, address and at least one identification mark of the patient on the
medical certificates or report The medical certificate shall be prepared as in Appendix II

Efforts should be made to computerize medical records for quick retrieval

EHR Standards 2016 provide that the requirements of the format for medical records as specified in
MCI Code of Ethics Regulation 2002 (as amended upto Feb 2016 to be adhered to

The printed reports should meet the MCI prescribed formats whenever any discharge treatment

Psychiatric medical records

S.23, Mental Healthcare Act, 2017 Right to confidentiality embodies the principles of medical
confidentiality and the health professional is allowed to release information relating to a patient with
mental illness to a third party on the following circumstances ;

To enable the nominated representative to perform his duties,

To health care professionals to enable them to provide care and treatment,

To protect other persons from harm and violence,

In the interest of public safety and security

Under the order of Central authority, or High Court or Supreme Court or any other statutory
authority competent to do so

DIGITAL PERSONAL DATA PROTECTION ACT, 2023

S.6 Consent given by Data Principal

Free, specific, informed, unconditional and unambiguous with a clear affirmative action, and shall
signify an agreement to the processing of her personal data for the specified purpose and be limited
to such personal data as is necessary for such specified purpose

Where consent given by the Data Principal is the basis of processing of personal data, such Data
Principal shall have the right to withdraw her consent at any time, with the ease of doing so being
comparable to the ease with which such consent was give
The Data Principal may give, manage, review or withdraw her consent to the Data Fiduciary through
a Consent Manager.

The Consent Manager shall be accountable to the Data Principal and shall act on her behalf in such
manner and subject to such obligations as may be prescribed.

S.2(g) “Consent Manager” means a person registered with the Data Protection Board of India, who
acts as a single point of contact to enable a Data Principal to give, manage, review and withdraw her
consent through an accessible, transparent and interoperable platform

S 7 Certain Legitimate uses

Purposes for which data voluntarily provided to Data Fiduciary and where lack of consent not
indicated to use of the personal data provided

For State to provide Data Principal such subsidy, benefit, service, certificate, license or permit for
which the data principal had previous consented to, to process personal data or where such personal
data is available in digital form in, or in non digital form and digitised subsequently from, any
database, register, book or other document which is maintained by the State or any of its
instrumentalities and is notified by the Central Government

For compliance with legal obligations in interest of sovereignty and integrity of India security of the
State

To comply with any judgement decree order issued under any law for the time being in force in India
relating to contractual or civil nature under any foreign law

To respond to medical emergency threat to life immediate threat to health of Data Principal or any
other individual

To take measures to provide medical treatment or health services to any individual during an
epidemic, outbreak of disease, or any other threat to public health

To take measures to ensure safety of, or provide assistance or services to, any individual during any
disaster, or any breakdown of public order

ELECTRONIC HEALTH RECORDS (EHR) STANDARDS, 2016

Notified by the Ministry of Health & Family Welfare (MoH&FW) in December 2016

An Electronic Health Record (EHR) is a collection of various medical records that get generated during
any clinical encounter or events

To bring standardisation and homogeneity, inter operability in capture, storage, transmission & use
of healthcare information across various Health IT systems.

THE INDIAN PENAL CODE

Section 176 of IPC /211 BNS

omission to give notice or information to public servant by person legally bound to give it.
FALSE EVIDENCE

Section 177 of IPC/ 212 BNS furnishing false information

Section 191 of IPC/ 227 BNS giving false evidence

Section 192 of IPC/ 228 BNS fabricating false evidence

Section 193 of IPC/ 229 BNS punishment for false evidence

FALSE EVIDENCE - PROCURE CONVICTION

194 of IPC/ 230 BNS giving or fabricating false evidence with intent to procure conviction of capital
offense

Section 195 of IPC 231 BNS giving or fabricating false evidence with intent to procure conviction of
offense punishable with imprisonment for life or imprisonment

Section 197 of IPC/ 234 BNS issuing or signing false certificate

Section 201 of IPC/ 238 BNS causing disappearance of evidence of offense, or giving false information
to screen offender

Section 203 of IPC/ 240 BNS giving false information respecting an offense committed

Section 204 of IPC/ 241 BNS destruction of documents to prevent its production as evidence

ENVIRONMENT

Section 277 of IPC/ 279 BNS fouling water of public spring or reservoir

Section 278 of IPC/ 280 BNS making atmosphere noxious to health

Section 284 of IPC/ 286 BNS negligent conduct with respect to poisonous substance

HOMICIDE

Section 299 of IPC/ 100 BNS culpable homicide

Section 300 of IPC/ 101 BNS murder

Section 304 A of IPC/ 106 BNS causing death by negligence

WOMEN

Section 312 of IPC/ 88 BNS causing miscarriage

Section 304 B of IPC 80 BNS Dowry death

Section 498 A of IPC / 85 BNS Cruelty

HURT

Section 321 of IPC/ 115 BNS Voluntarily causing hurt

Section 322 of IPC/ 117 BNS Voluntarily causing grievous hurt

MEDICAL TERMINATION OF PREGNANCY ACT, 1971

Abortion is premature expulsion of products of conception from womb, either spontaneous or

induced at any time before the period of gestation is completed

TYPES

JUSTIFIABLE ABORTION (THERAPUTIC)

Medical Termination Act, 1971

Good Faith

In 1970, the World Medical Association adopted a resolution on

Therapeutic abortion, known as “Declaration of Oslo”

CRIMINAL ABORTION

IPC sections 312- 316

Grounds for abortion:

SETH

S = SOCIAL

E = EUGENIC

T = THERAPEUTIC

H = HUMANITARIAN

PREGNANCY DURATION (sec 3 MTP)

UPTO 20 WEEKS 1 RMP

20 24 WEEKS 2 RMP

ABOVE 24 WEEKS STATE LEVEL MEDICAL BOARD

EXCEPTION:

Sec 5 in Good faith

CONTRAVENTION

Rigorous imprisonment Two years extends till seven years

CONFIDENTIALITY

SECTION 5A of MTP

Non-disclosure of pregnant women details

TRANSPLANTATION OF HUMAN ORGANS ACT

regulation of removal, storage and transplantation of human organs & tissues

for therapeutic purposes and for prevention of commercial dealings in human organs & tissues.

Types of donors

Living Donors Near Relatives/Non near

A living donor is a person who is above the age of 18 years and has voluntarily authorized for the
removal of his organ/tissue, during his lifetime A living person can legally donate

Deceased/Cadaver Donors

Brain death

Cardiac death

NOTTO: National Organ and Tissue Transplant Organization

ROTTO: Regional Organ and Tissue Transplant Organization

SOTTO: State Organ and Tissue Transplant Organization

T: Transplant Centre

R: Retrieval Centre

B: Biomaterial Centre (Tissue Bank)

Punishment

Section 18 : removal of a human organ/tissue without authority 10 years and with fine Rs. 20 lakhs.

Section 19 : commercial dealing of human organs 10 years and fine which will not be less than Rs 20
lakhs but can extend to Rs 1 crore

Section 20 Any p erson violates any other provision of this act 5 years or with fine which may extend
to Rs 20 lakhs

MEDICAL NEGLIGENCE

Law of Torts

Torts a civil wrong made against a person or property

A tort can be any of the following :

The denial of a person’s legal right.

The failure to comply with a public duty.

The failure to perform a private duty that results in harm to another.

MEDICAL NEGLIGENCE

• Lack of reasonable degree of care and skill

• Willful negligence

GOVERNING LAWS

LAW OF TORTS
 CONSUMER PROTECTION ACT

BOLAM TEST (STANDARD OF CARE EXPECTED FROM DOCTOR)

An expert is required to exercise the same standard of care as a reasonably competent person
trained in that particular trade or profession.

A given doctor is required to display the degree of aptitude that would be possessed by a reasonable
doctor.

A doctor who is particularly skilled will not be negligent if he fails to meet his own exceptional
standard on a given occasion (provided he still performs as well as a reasonable doctor).

Bolam v Friern Hospital Management Committee

TYPES

CIVIL NEGLIGENCE

CRIMINAL NEGLIGENCE

CIVIL NEGLIGENCE

CRIMINAL NEGLIGENCE

GROSS CARELESSNESS

DIREGARD PATIENT’S LIFE/ WELFARE

GUILT TO BE PROVED BEYOND REASONABLE DOUBT

EXAMPLES:

Operation on wrong limb

Removal of wrong organ

Wrong blood transfusion

RES IPSA LOQUITAR

the things or facts speaks for itself

CIRCUMSTANTIAL EVIDENCE

CONTRIBUTORY NEGLIGENCE

Patient is also responsible to the injury/damage suffered by him.

Example such as not giving correct history to doctor, not following the instruction and advise of
doctor, failure to attend treatment at prescribed time, tampering with wound dressing/plaster etc.

ONUS OF PROOF:

Here the defendant (doctor) has to prove that plaintiff (patient) has contributed for the injury
because of want of care or wrong act.

VICARIOUS LIABILITY

For any negligent act of subordinate, the master or superior authority can be held responsible

“qui facet peralium , facet per se” he who acts through another, acts himself .

CONSUMER PROTECTION ACT, 2019

OBJECTIVES

Protection of consumer from hazards to their health and safety

Availability of effective consumer redressal forum

Cheap and speedy remedy

 COMPOSITION OF CONSUMER REDRESSAL FORUM
FORUM COMPOSITION JURISDICTION
DISTRICT 1.One Presiding officer Upto1 crore
2.Two members
STATE 1.One Presiding officer 1 crore to 10 crore
2.Four members.
NATIONAL 1.One Presiding officer Exceeds 10 crore
2.Four members.

CYCLE OF A CONSUMER CASE

Indian medical association vs VP Shantha 1995 (3) CPR 412: AIR 1996 SC 550: 1995 (3) CPJI: 1995 (6)

SCC 651: JT 1995 (8) SC (Supreme Court decided on 13.11.1995).

Medical profession has been brought under the section 2 1 ))( of CPA, 1986 and also, it has included
the following categories of doctors/hospitals under this section

a. All medical/dental practitioners doing independent medical/dental practice unless rendering

only free service
b. Private hospitals charging all patients
c. All hospitals having free as well as paying patients and all the paying and free category
patients receiving treatment in such hospitals
d. Medical/dental practitioners and hospitals paid by an insurance firm for the treatment of a
client or an employment for that of an employee

Poonam Verma vs Ashwin Patel and Ors ., (1996) 4 SCC 332

A doctor registered as medical practitioner and entitled to practice in homeopathy only, prescribed
an allopathic medicine to the patient. The patient died.

The doctor was held to be negligent and liable to compensate the wife of the deceased for the death
of her husband on the ground that the doctor who was entitled to practice in homeopathy only, was
under a statutory duty not to enter the field of any other system of medicine and since he trespassed
into a prohibited field and prescribed the allopathic medicine to the patient causing the death, his
conduct amounted to negligence per se actionable in civil law.

Subh Lata vs Christian Medical College (Punjab SCDRC OC No. 14 of 1994 decided on 15.6.1994; 1994
(2) CPR 691; 1995 (1) CPJ 365; 1995 CCJ 512.

The complainant alleged that her husband died due to the complications arising after kidney biopsy.

The State Commission held that the complainant had suppressed the crucial facts in her complaint.
Besides serious life threatening diseases, the deceased was already suffering from tuberculosis and
Staphylococcus aureus septicaemia (a serious infection of the blood by bacteria). These are very
serious diseases with a very high mortality rate especially when the heart, lung and brain get
infected.

Hence, the complainant had not come with clean hands and thus disentitled herself to relief under
this jurisdiction of the CP Act. Complaint dismissed with 1,500/ as costs.

Supreme Court of India Jacob Mathew vs State of Punjab and Anr on 5 August, 2005

Guidelines Issued by Supreme Court

Whenever a complaint is received against a doctor or hospital by the Consumer Forum (whether
District, State or National) or by the criminal court then before issuing notice to the doctor or
hospital the matter must be referred to a competent doctor or committee of doctors, and if prima
facie a case of medical negligence is established, only then the notice be issued The police officials
were warned not to arrest or harass doctors except as per the criteria laid down in Jacob Mathew
case, otherwise they will have to face legal action
LABOUR LAWS

Wage Code (4 LAWS)

The Social Security Code (9 LAWS)

The Occupational Safety, Health and Working Conditions Code (13 LAWS)

Industrial Relations Code (3 LAWS)

WAGE CODE

PAYMENT OF WAGES

CHAPTER III

Timeline for wage payment not to exceed 1 month

Deductions not to exceed 50%

Penalty

Minimum Wages

CHAPTER II

Minimum wages for time work and piece work

Consider Skill of worker and geographical area

Revision of minimum wages at intervals not exceeding 5 years

INDUSTRIAL RELATIONS CODE

Framework to protect the rights of workers to make unions, reduce the friction between employers,
and workers and provide regulations for the settlement of industrial disputes.

Works committee 100 or more workers

Grievance Redressal Committee 20 or more workers

The Social Security Code

EMPLOYEE’S COMPENSATION

CHAPTER VII

To compensate for loss in earnings due to accidents that occurred during the course of their
employment.

Percentage of compensation to be awarded are provided:

Partial disablement 25%

Total disablement 60%

Death 50 %

MATERNITY BENEFIT - SECTION 60

Worked for at least eighty days within twelve months before her expected delivery.

26 Weeks

Paid leave

Miscarriage leave 6 weeks

EMPLOYEE’S PROVIDENT FUND

Accumulation plus interest upon retirement, resignation, death.

Partial withdrawals allowed for specific expenses such as house construction, higher education,
marriage, illness etc.

10% wage contributed both employer and employee

EMPLOYEE’S PENSION FUND

Monthly benefits for superannuation/retirement, disability, survivor, widow, children

Amount of pension based on average salary during the preceding 12 months

GRATUITY

It means gift

It is considered as retirement benefit

It shall be paid on termination after he has rendered service for a period not less than 5 years.