In
exercise of the powers conferred by sub-section (1) of section 15 of the
Payment of Gratuity Act, 1972 (39 of 1972), the Central Government hereby makes
the following rules, namely:-
1. Short
title and commencement.-(1) These
rules may be called the Payment of Gratuity (Central) Rules, 1972.
(2) These rules shall come into force on the 16th September, 1972;
2. Definitions.-In
these rules, unless there is anything repugnant in the subject or context,-
(a)
"Act" means the Payment of
Gratuity Act, 1972 (39 of 1972);
(b)
"Appellate authority" means
the Central Government or the authority specified by the Central Government
under sub-section (7) of section 7;
(c)
"Form" means a form appended
to these rules;
(d)
"nomination" means nomination
made under section 6;
(e)
"section" means a section of
the Act.
3. Notice of
opening, change or closure of the establishment.- (1)
Within thirty days of the rules becoming applicable to an establishment, a
notice in Form A shall be submitted by the employer to the controlling authority
of the area.
(2) A notice in Form B shall be submitted by the employer to the
controlling authority of the area within thirty days of any change in the name,
address, employer or nature of business.
(3) Where an employer intends to close down the business he shall submit
a notice in Form C to the controlling authority of the area at least sixty days
before the intended closure.
4. Display of notice.-(1) The employer
shall display conspicuously a notice at or near the main entrance of the
establishment in bold letters in English and in a language understood by the
majority of the employees specifying the name of officer with designation
authorised by the employer to receive on his behalf notices under the Act or
the rules.
(2) A fresh notice shall be displayed immediately after the notice
referred to in sub-rule (1) becomes illegible or requires a change.
*5. Form of notice
under proviso to section (2) (h) (ii).-(1) A notice under
the proviso to sub-clause (ii) of clause (h) of section 2 shall be in Form D
and sent in triplicate by the employee to the employer, who shall, after
recording its receipt on one copy thereof, return the copy to the employee and
send the second copy to the controlling authority of the area.
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1.
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Vide
G,S.R. 412 (E). dated 16th
September, 1972, published in the Gazette of India; Extra., Pt.
II, Sec. 3(i), dated 16th
September, 1972.
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*
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By section 2 of the Payment of
Gratuity (Amendment) Act, 1987 (22 of 1987) proviso to sub- clause (ii) of
clause (h) of section 2 of the Payment of Gratuity Act, 1972 (39 of 1972) has
been omitted (w.e.f. 1-10-1987) and accordingly rule 5 along with Forms D and
E have become redundant, Ed.
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(2) An employee may withdraw the notice referred to in sub-rule (1) by
giving another notice in triplicate in Form 'E' to the employer, who shall
follow the same procedure as in sub-rule (1).
6. Nominations.-(1) A nomination shall be
in Form 'F' and submitted in duplicate by personal service by the employee,
after taking proper receipt or by sending through registered post
acknowledgement due to the employer,
(i)
in the case of an employee who is
already in employment for a year or more on the date of commencement of these
rules, ordinarily, within ninety days from such date, and
(ii)
in the case of an employee who
completes one year of service after the date of commencement of these rules,
ordinarily within thirty days of the completion of one year of service:
Provided that nomination in Form 'F' shall be accepted by the employer
after the specified period, if filed with reasonable grounds for delay, and no
nomination so accepted shall be invalid merely because it was filed after the
specified period.
(2) Within thirty days of the receipt of nomination in Form 'F' under
sub-rule (1), the employer shall get the service particulars of the employee,
as mentioned in the form of nomination, verified with reference to the records
of the establishment and return to the employee, after obtaining a receipt
thereof, the duplicate copy of the nomination in form 'F' duly attested either
by the employer or an officer authorised in this behalf by him, as a token of
recording of the nomination by the employer and the other copy of the
nomination shall be recorded.
(3) An employee who has no family at the time of making a nomination
shall, within ninety days of acquiring a family submit in the manner specified
in sub-rule (1), a fresh nomination, as required under sub-section (4) of
section 6, duplicate in Form 'G' to the employer and thereafter the provisions
of sub-rule (2) shall apply mutatis
mutandis as if it was made under sub-rule (1).
(4) A notice of modification of a nomination, including cases where a
nominee predeceases an employee, shall be submitted in duplicate in Form 'H' to
the employer in the manner specified in sub-rule (1), and thereafter the
provisions of sub-rule (2) shall apply mutatis
mutandis.
(5) A nomination or a fresh nomination or a notice of modification of
nomination shall be signed by the employee or, if illiterate, shall bear his
thumb impression, in the presence of two witnesses, who shall also sign a
declaration to that effect in the nomination, fresh nomination or notice of
modification of nomination, as the case may be.
(6) A nomination, fresh nomination or notice of modification of
nomination shall take effect from the date of receipt thereof by the employer.
7. Application
for gratuity.-(1) An employee who is eligible for
payment of gratuity under the Act, or any person authorised, in writing, to act
on his behalf, shall apply, ordinarily within thirty days from the date the
gratuity became payable, in Form 'I' to the employer:
Provided that
where the date of superannuation or retirement of an employee is known, the employee
may apply to the employer before thirty days of the date of superannuation or
retirement.
(2) A nominee of an employee who is eligible for payment of gratuity
under the second proviso to sub-section (1) of section 4 shall apply,
ordinarily within thirty days from the date of gratuity became payable to him,
in Form ‘J’ to the employer:
Provided that an application in plain paper with relevant particulars
shall also be accepted. The employer may obtain such other particulars as may be
deemed necessary by him.
(3) A legal heir of an employee who is eligible for payment of gratuity
under the second proviso to sub-section (1) of section 4 shall apply,
ordinarily within one year from the date of gratuity became payable to him, in
Form 'K' to the employer.
(4) Where gratuity becomes payable under the Act before the commencement
of these rules, the periods of limitation specified in sub-rules (1), (2) and
(3) shall be deemed to be operative from the date of such commencement.
(5) An application for payment of gratuity
filed after the expiry of the periods specified in this rule shall also be
entertained by the employer, if the applicant adduces sufficient cause for the
delay in preferring his claim, and no claim for gratuity under the Act shall be
invalid merely because the claimant failed to present his application within
the specified period. Any dispute in this regard shall be referred to the
controlling authority for his decision.
(6) An application under this rule shall be presented to the employer
either by personal service or by registered post acknowledgement due.
8. Notice for
payment of gratuity.-(1) Within fifteen days of the receipt
of an application under rule 7 for payment of gratuity, the employer shall-
(i)
if the claim is found admissible on
verification, issue a notice in Form 'L’ to the applicant employee, nominee or
legal heir, as the case may be, specifying the amount of gratuity payable and
fixing a date, not being later than the thirtieth day after the date of receipt
of the application, for payment thereof, or
(ii)
if the claim for gratuity is not found
admissible, issue a notice in Form 'M' to the applicant employee, nominee or
legal heir, as the case may be, specifying the reasons why the claim for
gratuity is not considered admissible. In either case a copy of the notice
shall be endorsed to the controlling authority.
(2) In case payment of gratuity is due to be made in the employer's
office, the date fixed for the purpose in the notice in Form 'L' under clause
(1) of sub-rule (1) shall be refiexed by the employer, if a written application
in this behalf is made by the payee explaining why it is not possible for him
to be present in person on the date specified.
(3) If the claimant for gratuity is a nominee or a legal heir, the
employer may ask for such witness or evidence as may be deemed relevant for
establishing his identity or maintainability of his claim, as the case may be.
In that 'case, the time limit specified for issuance of notices under sub-rule
(1) shall be operative with effect from the date such witness or evidence, as
the case may be, called for by the employer is furnished to the employer.
(4) A notice in Form 'L' or Form 'M' shall be served on the applicant either
by personal service after taking receipt or by registered post with
acknowledgement due.
(5) A notice under sub-section (2) of section 7 shall in Form ‘L’.
9. Mode of
payment of gratuity.- The gratuity payable under the Act
shall be paid in cash or, if so desired by the payee, in Demand Draft or bank
Cheque to the eligible employee, nominee or legal heir, as the case may be:
Provided that in case the eligible employee, nominee or legal heir, as
the case may be, so desires and the amount of gratuity payable is less than one
thousand rupees, payment may be made by postal money order after deducting the
postal money order commission therefor from the amount payable:
Provided further that intimation about the details of payment shall also
be given by the employer to the controlling authority of the area:
1[Provided further
that in the case of nominee, or an heir, who is minor, the controlling
authority shall invest the gratuity amount deposited with him for the benefit
of such minor in term deposit with the State Bank of India or any of its subsidiaries or
any Nationalised Bank.
Explanation.-"Nationalised Bank" means a
corresponding new bank specified in the First Schedule to the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) or a
corresponding new bank specified in the First Schedule of the Banking Companies
(Acquisition and Transfer of Undertakings) Act,. 1980 (40 of 1980).]
10. Application
to controlling authority for direction.-(1) If an
employer-
(i)
refuses to accept a nomination or to
entertain an application sought to be filed under rule 7, or
(ii)
issues a notice under sub-rule (1) of
rule 8 either specifying an amount of gratuity which is considered by the
applicant less than what is payable or rejecting eligibility to payment of
gratuity, or
(iii)
having received an application under
rule 7 fails to issue any notice as required under rule 8 within the time
specified therein,
the claimant
employee, nominee or legal heir, as the case may be, may, within ninety days of
the occurrence of the cause for the application, apply in Form 'N' to the
controlling authority for issuing a direction under sub-section (4) of section
7 with as many extra copies as are the opposite party:
Provided that the controlling authority may accept any application under
this sub-rule, on sufficient cause being shown by the applicant, after the
expiry of the specified period.
(2) Application under sub-rule (1) and other documents relevant to such
an application shall be presented in person to the controlling authority or
shall be sent by registered post acknowledgement due.
11. Procedure for dealing with
application for direction.-(1) On receipt of an application under rule 10
the controlling authority shall, by issuing a notice in Form 'O', call upon the
applicant as well as the employer to appear before him on a specified date,
time and place, either by himself or through his authorised representative
together with all relevant documents and witnesses, if any.
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1.
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Ins. by G.S.R. 77, dated 2nd February, 1991
(w.e.f. 1-2-1991).
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1.
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Ins. by G.S.R. 2868, dated 22nd November, 1975.
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(2) Any person desiring to act on behalf of an employer or employee,
nominee or legal heir, as the cases may be, shall present to the controlling
authority a letter of authority from the employer or the person concerned, as
the case may be, on whose behalf he seeks to act together with a written
statement explaining his interest in the matter and praying for permission so
to act. The controlling authority shall record thereon an order either
according his approval or specifying, in the case of refusal to grant the
permission prayed for, the reasons for the refusal.
(3) A party appearing by an authorised representative shall be bound by
the acts of the representative.
(4) After
completion of hearing on the date fixed under sub-rule (1), or after such
further evidence, examination of documents, witnesses, hearing and enquiry, as
may be deemed necessary, the controlling authority shall record his finding as
to whether any amount is payable to the applicant under the Act. A copy of the
finding shall be given to each of the parties.
(5) If the employer concerned fails to appear on the specified date of
hearing after due service of notice without sufficient cause, the controlling
authority may proceed to hear and determine the application ex parte. If the applicant fails to
appear on the specified date of hearing without sufficient cause, the controlling
authority may dismiss the application:
Provided that an order under this sub-rule may, on good cause being
shown within thirty days of the said order, be reviewed and the application
re-heard after giving not less than fourteen days' notice to the opposite party
of the date fixed for rehearing of the application.
12. Place and time of hearing.-
The sittings of the controlling authority shall be held at such times and at
such places as he may fix and he shall inform the parties of the same in such
manner as he thinks fit.
13. Administration of oath.-
The controlling authority may authorise a clerk of his office to administer
oaths for the purpose of making affidavits.
14. Summoning
and attendance of witnesses.- The controlling authority may, at any
stage of the proceedings before him, either upon or without an application by
any of the parties involved in the proceedings before him, and on such terms as
may appear to the controlling authority just, issue summons to any person in
Form 'P' either to give evidence or to produce documents or for both purposes
on a specified date, time and place.
15. Service of summons or notice.-(1)
Subject to the provisions of sub-rule (2) any notice, summons, process or order
issued by the controlling authority may be served either personally or by
registered post acknowledgement due or in any other manner as prescribed under
the Code of Civil Procedure, 1908 (Act 5 of 1908).
(2) Where there
are numerous persons as parties to any proceeding before the controlling
authority and such persons are members of any trade union or association or are
represented by an authorised person, the service of notice on the Secretary, or
where there is no Secretary, on the principal officer of the trade union or
association, or on the authorised person shall be deemed to be service on such
persons.
16. Maintenance of records of cases by
the controlling authority.-(1) The controlling authority shall record the
particulars of each case under section 7, in Form 'Q' and at the time of
passing orders shall sign and date the particulars so recorded.
(2) The controlling authority shall, while passing orders in each case,
also record the findings on the merits of the case and file it together with
the memoranda of evidence with the order sheet.
(3) Any record, other than a record of any order or direction, which is
required by these rules to be signed by the controlling authority, may be
signed on behalf of and under the direction of the controlling authority by any
subordinate officer appointed in writing for this purpose by the controlling
authority.
17. Direction for payment of
gratuity.-If a finding is recorded under sub-rule (4) of rule 11 that the
applicant is entitled to payment of gratuity under the Act, the controlling
authority shall issue a notice to the employer concerned in Form 'R' specifying
the amount payable and directing payment thereof to the applicant under
intimation to the controlling authority within thirty days from the date of the
receipt of the notice by the employer. A copy of the notice shall be endorsed
to the applicant employee, nominee or legal heir, as the case may be.
18. Appeal.-(1)
The Memorandum of appeal under sub-section (7) of section 7 of the Act shall be
submitted to the appellate authority with a copy thereof to the opposite party
and the controlling authority either through delivery in person or under
registered post acknowledgement due.
(2) The Memorandum of appeal shall contain the facts of the case, the
decision of the controlling authority, the grounds of appeal and the relief
sought.
(3) There shall be appended to the Memorandum of appeal a certified copy
of the finding of the controlling authority and direction for payment of
gratuity.
(4) On receipt of the copy of Memorandum of appeal, the controlling
authority shall forward records of the case to the appellate authority.
(5) Within 14 days of the receipt of the copy of the Memorandum of
appeal, the opposite party shall submit his comments of each paragraph of the
memorandum with additional pleas, if any, to the appellate authority with a
copy to the appellant.
(6) The appellate authority shall record its decision after giving the
parties to the appeal a reasonable opportunity of being heard. A copy of the
decision shall be given to the parties to the appeal and a copy thereof shall
be sent to the controlling authority returning his records of the case.
(7) The controlling authority shall, on receipt of the decision of the
appellate authority, make necessary entry in the records of the case maintained
in Form 'Q' under sub-rule (1) of rule 16.
(8) On receipt of the decision of the appellate authority, the
controlling authority shall, if required under that decision, modify his
direction for payment of gratuity and issue a notice to the employer concerned
in Form 'S' specifying the modified amount payable and directing payment
thereof to the applicant, under intimation to the controlling authority within
fifteen days of the receipt of the notice by the employer. A copy of the notice
be endorsed to the appellant employee, nominee or legal heir, as the case may
be and to the appellate authority.
19. Application
for recovery of gratuity.-Where an employer fails to pay the
gratuity due under the Act in accordance with the notice by the controlling
authority under rule 17 or rule 18, as the case may be, the employee concerned,
his nominee or legal heir, as the case may be, to whom the gratuity is payable
may apply to the controlling authority in duplicate in Form 'T' for recovery
thereof under section 8 of the Act.
20. Display of
abstract of the Act and Rules.- The employer shall display an abstract
of the Act and the rules made thereunder 1[as
given in Form 'U'] in English and in the language understood by the majority of
the employees at conspicuous place at or near the main entrance of the
establishment.
FORM 'A'
[See sub-rule (1) of rule 3]
Notice of Opening
1.
Name and address of the Establishment.
2.
Name and designation of the Employer.
3.
Number of persons employed.
4.
Maximum number of persons employed on
any day during the preceding twelve months with date.
5.
Number of employees covered by the Act.
6.
Nature of industry.
7.
Whether seasonal.
8.
Date of opening.
9.
Details of Head Office/Branches.
(a)
Name and address of the head office.
Number of employees.
(b)
Names and addresses of other branches
in India.
1.
2.
3.
I verify that the information furnished
above is true to the best of my knowledge and belief.
Place Signature
of the employer
Date with
name and designation
To
The Controlling Authority
…………………………….
…………………………….
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1.
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Ins. by G.S.R. 2868, dated 22nd November, 1975.
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FORM 'B'
[See sub-rule (2) of rule 3]
Notice of Change
Name and address of
the Establishment,
Take notice that following changes have taken place with effect from …………………….. in the particulars furnished
by me in notice dated ………………….. on
Form A '.
Name.
Address.
Name of the employer.
Nature of business
Place Signature
of the employer
Date with
name and designation
To
The Controlling Authority
……………………………
……………………………
FORM 'C'
[See sub-rule (3) of rule 3]
Notice of Closure
Take notice that it is intended to
close down the establishment with effect from ……………….. The other details are furnished below:
1.
Name and address of the establishment.
2.
Name and address of the Head Office, if
any.
3.
Name and designation of the employer.
4.
Number of persons in employment.
5.
Number of employees entitled to
Gratuity.
6.
Amount of Gratuity involved.
Place Signature
of the employer
Date
with name and designation
To
The Controlling Authority
……………………………
……………………………
FORM 'D'
[See sub-rule (I) of rule 5]
Notice for excluding husband from family
From ………………………………………………………………
1.
Name of the female employee.
2.
Name or description of establishment
where employed.
3.
Post held with Ticket or Serial No., if
any.
4.
Department/Branch/Section where
employed.
5.
Permanent address.
Take notice that I, Shrimati ………………
desire to exclude my husband Shri ………….from
my family for the purposes of the Payment of Gratuity Act, 1972.
Place Signature/Thumb
impression
Date of
the employee.
Declaration by witnesses
The above notice was signed/thumb impressed before me.
Name in full and full Signature
of witnesses.
address of witnesses.
1. 1.
2.
2.
Place
Date
To
The Controlling Authority
(Through the
employer)
[Name and address of the employer here]
For use by the employer
Received
and recorded in this establishment.
Date
Signature
of the employer or an
officer
authorised in this behalf
by
the employer
Reference No.
To
1………………………
(Employee)
2. The Controlling Authority.
*FORM 'E'
[See sub-rule (2) of rule 5]
Notice of withdrawal of notice for excluding husband from family
1. Name
of the female employee.
2. Name
or description of establishment where employed.
3. Post
held with Ticket or Serial No., if any.
4. Department/Branch/Section
where employed.
5. Permanent
address.
Take notice
that I, Shrimati ……………. hereby
withdraw the notice dated whereby ………….
I exclude my husband Shri …………..
from my family for the purposes of the Payment of Gratuity Act, 1972. The
earlier notice was recorded under your reference No. …………….. dated …………
Place Signature/Thumb
impression
Date
of the employee.
Declaration by witnesses
The above notice of withdrawal was signed/thumb impressed
before me.
Name in full and full Signature
of witnesses.
address of witnesses.
1.
1.
2.
2.
Place
Date
To
The Controlling
Authority.
(Through the
employer)
[Name and address of
the employer]
For use by the employer
Received and
recorded in this establishment.
Reference No. Signature
of the employer or
Date officer
authorised.
Seal or rubber stamp of the
establishment.
To
1. ………………… (Employee)
2. The
Controlling Authority.
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*
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Forms D and E have become redundant as rule 5 of these
Rules have become redundant because of proviso to sub-clause (ii) of clause
(h) of section 2 of the Payment of Gratuity Act, 1872 has been omitted by the
Payment of Gratuity (Amendment) Act, 1987 (22 of 1987), sec. 2 (w.e.f.
1-10-1987), Ed.
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FORM 'F'
[See sub-rule (1) of rule 6]
Nomination
To ……………………………………………………………………………………………………………..
[Give here name
or description of the establishment with full address]
I.
Shri/Shrimati/Kumari …………………. whose
particulars are given in the statement below,
[Name in full here]
hereby nominate the person(s) mentioned below to receive
the gratuity payable after my death as also the gratuity standing to my credit
in the event of my death before that amount has become payable, or having
become payable has not been paid and direct that the said amount of gratuity
shall be paid in proportion indicated against the name(s) of the nominee(s).
2. I hereby
certify that the person(s) mentioned is a/are member(s) of my family within the
meaning of clause (h) of section (2) of the Payment of Gratuity Act, 1972.
3. I hereby
declare that I have no family within the meaning of clause (h) of section (2)
of the said Act.
4.
(a) My
father/mother/parents is/are not dependent on me.
(b) my
husband's father/mother/parents is/are not dependent on my husband.
5. I have
excluded my husband from my family by a notice dated the to the Controlling
Authority in terms of the proviso to clause (h) of section 2 of the said Act.
6. Nomination
made herein invalidates my previous nomination.
Nominee(s)
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Name in full with
full address of nominee(s)
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Relationship with
the employee
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Age of nominee
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Proportion by which the gratuity will be
shared
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1.
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2.
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3.
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so on.
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Statement
1. Name
of employee in full.
2. Sex.
3. Religion.
4. Whether
unmarried/married/widow/widower.
5. Department/Branch/Section
where employed.
6. Post
held with Ticket or Serial No., if any.
7. Date
of appointment.
8. Permanent
address.
Village ……………… Thana ……………… Sub-division ………………. Post Office ………………
District ……………….
State…………………
Place Signature/Thumb
impression
Date of the
employee
Declaration by witnesses
Nomination signed/thumb impressed before me.
Name in full and full Signature
of witnesses.
address of witnesses.
1. 1.
2. 2.
Place
Date
Certificate by the employer
Certified that the particulars of the above nomination
have been verified and recorded in this establishment.
Employer's Reference No., if any.
Signature of the employer/
officer
authorised
Designation
Date Name
and address of the
establishment or rubber stamp
thereof.
Acknowledgement by the employee
Received the duplicate copy of nomination in Form 'F'
filed by me and duly certified by the employer.
Date Signature
of the employee
FORM 'G'
[See sub-rule (3) of rule 6]
Fresh Nomination
To ………………………………………………………………………………………………………….
[Give here name or description of
the establishment with full Address]
I,
Shri/Shrimati ………………… [Name in full
here] whose particulars are given in the statement below, have acquired a
family within the meaning of clause (h) of section (2) of the Payment of
Gratuity Act, 1972 with effect from the ……………………
[date here] in the manner indicated below and therefor nominate afresh the
person(s) mentioned below to receive the gratuity payable after my death as
also the gratuity standing to my credit in the event of my death before that
amount has become payable, or having become payable has not been paid direct
that the said amount of gratuity shall be paid in proportion indicated against
the name(s)
of the nominee(s).
2. I hereby
certify the person(s) nominated is a/are member(s) of my family within the
meaning of clause (h) of section 2 of the said Act.
3.
(a) My
father/mother/parents is/are not dependent on me.
(b) My
husband's father/mother/parents is/are not dependent on my husband.
4. I have
excluded my husband from my family by a notice dated the ………………. to the controlling authority in terms of the proviso to clause
(h) of section 2 of the said Act.
Nominee(s)
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Name in full with
full address of nominee(s)
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Relationship with
the employee
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Age of nominee
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Proportion by which the gratuity will be shared
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1.
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2.
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3.
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4.
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so on.
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Manner of acquiring a "family"
[Here give
details as to how a family was acquired, i.e., whether by marriage or parents
being rendered dependant or through other process like adoption].
Statement
1. Name
of the employee in full.
2. Sex.
3. Religion.
4. Whether
unmarried/married/widow/widower.
5. Department/Branch/Section
where employed.
6. Post
held with Ticket No. or Serial No., if any.
7. Date
of appointment.
8. Permanent
address.
Village ……………. Thana …………….. Sub-division ………………… Post Office …………………
District ………………..
State ……………….
Place Signature/Thumb
impression
Date of
the employee.
Declaration by witnesses
Fresh nomination signed/thumb impressed before me.
Name in full and full Signature
of witnesses.
addresses of witnesses.
1. 1.
2.
2.
Place
Date
Certificate by the employer
Certified
that the particulars of the above nomination have been verified and recorded in
this establishment.
Employer's reference
No., if any.
Signature
of the employer/
officer authorised
Designation
Date Name
and address of the
establishment or rubber
stamp thereof.
Acknowledgement by the employee
Received
the duplicate copy of the nomination in Form ………… filed by me on ………… duly
certified by the employer.
Date Signature
of the employer
FORM 'H'
[See sub-rule (4) of rule 6]
Modification or nomination
To ………………………………………………………………………………………………
[Give here name or description of
the establishment with full address]
I,
Shri/Shrimati/Kumari ………………… [Name
in full here] whose particulars are given in the statement below, hereby give
notice that the nomination filed by me on [date] and recorded under
your reference No……….
dated ……………… shall stand modified in
the following manner:
[Here give details
of the modifications intended]
Statement
1. Name
of the employee in full.
2. Sex.
3. Religion.
4. Whether
unmarried/married/widow/widower.
5. Department/Branch/Section
where employed.
6. Post
held with Ticket No. or Serial No., if any.
7. Date
of Appointment.
8. Address
in full.
Place Signature/Thumb
impression
Date of
the employee
Declaration by witnesses
Certified that the above modification have been recorded.
Employer’s reference
No., if any. Signature
of the employer/
Officer
authorised
Designation
Name and
address of the
Establishment
or rubber
Stamp thereof.
Acknowledgement by the employee
Received the
duplicate copy of the notice for modification in Form ‘H’ filed by me on …………
Duly certified by the employer.
Date Signature
of the employee
Note: Strike out
the worlds not applicable.
FORM ‘I’
[See sub-rule (1) of rule 7]
Application of gratuity by an employee
To ………………………………………………………………………………………………………….
[Give here name or description of
the establishment with full address]
Sir/Gentlemen,
I beg to apply
for payment of gratuity to which I am entitled under sub-section (1) of section
4 of the Payment of Gratuity Act, 1972 on account of my
superannuation/retirement/resignation after completion of not less than five
years of continuous service/ total disablement due to accident/ total
disablement due to disease with effect from the …………… Necessary particulars relating to my appointment in the
establishment are given in the statement below:
Statement
1. Name
in full.
2. Address
in full
3. Department/Branch/Section
where last employed.
4. Post
held with Ticket No. or Serial No., if any.
5. Date
of appointment.
6. Date
cause of termination of service.
7. Total
period of service.
8. Amount
of wages last claimed.
9. Amount
of gratuity claimend.
I was rendered
totally disabled as a result of
[Here give Detail]
Payment may
please be made in cash/open or crossed bank Cheque.
As the amount of
gratuity payable is less than Rupees one thousand, I shall request you to
arrange for payment of the sum to me by Postal Money Order at the address
mentioned above after deducting postal money order commission therefrom.
Yours faithfully,
Place Signature/Thumb
impression of
Date the
applicant employee.
Note:
1. Strike
out words not applicable.
2. Strike
out paragraph or paragraph not applicable.
FORM 'J'
[See sub-rule (2) of rule 7]
Application for gratuity by a nominee
To ………………………………………………………………………………………………………
[Give here the name or
description of the establishment with full address]
Sir/Gentlemen,
I beg to apply
for payment of gratuity to which I am entitled under sub-section (1) of section
4 of the Payment of Gratuity Act, 1972 as a nominee of late……………… [name of the employee] who was an employee of your
establishment and died on the ………………….
The gratuity is payable on account of the death of the aforesaid employee while
in service/superannuation of the aforesaid employee on ………………… retirement of/resignation of the aforesaid employee on ……………….. after completion of ……………… years of service/total
disablement of the aforesaid employee due to accident or disease while in
service with effect from the ………………….
Necessary particulars relating to my claim given in the statement below:
Statement
1. Name
of applicant nominee.
2. Address
of full in applicant nominee.
3. Marital
status of the applicant nominee (unmarried/married/widow/widower)
4. Name
in full of the employee.
5. Marital
status of employee.
6. Relationship
of the nominee with employee.
7. Total
period of service of the employee.
8. Date
of appointment of the employee.
9. Date
and cause of termination of service of the employee.
10. Department/Branch/Section
where the employee last worked.
11. Post
last held by the employee with Ticket or Serial No., if any.
12. Total
wages last drawn by the employee.
13. Date
of death and evidence/witness as proof of death of the employee.
14. Reference
No. of recorded nomination, if available.
15. Total
gratuity payable to the employee.
16. Share
of gratuity claimed.
2. I declare that
the particulars mentioned in the above statement are true and correct to the
best of my knowledge and belief.
3. Payment
may please be made in cash/crossed or open bank cheque
4. As the amount payable is less than Rupees one thousand,
I shall request you to arrange for payment of the sum due to me by Postal Money
Order at the address mentioned above after
deducting Postal Money Order commission therefrom.
Yours faithfully,
Place Signature/Thumb
impression
Date of
applicant nominee.
Note:
1. Strike
out the words not applicable.
2. Strike
out the paragraph or paragraphs not applicable.
FORM 'K'
[See sub-rule (3) of rule 7]
Application for gratuity by a legal heir
To ……………………………………………………………………………………………………….
[Give here the name or
description of the establishment with full address]
Sir/Gentlemen,
I beg to apply
for payment of gratuity to which I am entitled under sub-section (1) of section
4 of the Payment of Gratuity Act, 1972 as a legal heir of late ……………….. [name of the employee]
who was an employee of your establishment and died on the…… without making any nomination.
The gratuity is payable on account of the death of the
aforesaid employee while in service/ superannuation of the aforesaid employee
on the …………………. retirement or
resignation of the
aforesaid employee on the …………… after completion of ………………..
years of service/total disablement of the aforesaid employee due to accident or
disease while in service with effect from the ………….. Necessary particulars relating to my claim are given in the
statement below:
Statement
1. Name
of applicant legal heir.
2. Address
in full of applicant legal heir.
3. Marital
status of the applicant legal heir (unmarried/married/widow/widower)
4. Name
in full of the employee.
5. Relationship
of the applicant with the employee.
6. Religion
of both the applicant and the employee.
7. Date
of appointment and total period of service of the employee.
8. Department/Branch/Section
where the employee worked last..
9. Post
last held by the employee with Ticket or Serial No., if any.
10. Total
wages last drawn by the employee.
11. Date
and cause of termination of service of the employee (death or otherwise).
12. Date
of death of the employee and evidence/witness in support thereof.
13. Total
gratuity payable to the employee.
14. Percentage
of the gratuity claimed.
15. Basis
of the claim and evidence/witness in support thereof.
2. I declare
that the particulars mentioned in the above statement are true and correct to
the best of my knowledge and belief.
3. Payment may
please be made in cash/open or crossed bank cheque.
4. As the amount
payable is less than Rupees one thousand, I shall request you to arrange for
payment of the sum due to me by Postal Money Order at the address mentioned
above, after deducting Postal Money Order commission therefrom.
Yours faithfully,
Place Signature/Thumb
impression
Date of
applicant legal hair.
Note: Strike out
the words not applicable.
FORM 'L'
[See clause (i) of sub-rule (1) of rule
8]
Notice for payment of gratuity
To ……………………………………………………………………………………………………….
[Name and address of the
applicant employee/nominee/1egal heir]
You are hereby
informed as required under clause (i) of sub-rule (1) of rule 8 of the Payment
of Gratuity (Central) Rules, 1972 that a sum of Rs. ………. (Rupees…………………) is
payable to you as gratuity/as your share of gratuity in terms of nomination
made by ………… on………… and ……………… recorded
in this ………………as a legal heir of …………….. an employee of this ……………... establishment.
2. Please call
at ………………… on ………………….[date] at ………………
for collecting your
[Here specify place]
payment in cash/open or crossed cheque.
3. Amount
payable shall be sent to you by Postal Money Order at the address given in your
application after deducting the Postal Money Order commission, as desired by
you.
Brief statement of calculation
1. Total
period of service of the employee concerned: ……………… year ……… months.
2. Wages
last drawn.
3. Proportion
of the admission gratuity payable in terms of nomination/as a legal heir.
4. Amount
payable.
Place Signature
of the employer/
Date Authorised
Officer
Name or
description of
establishment
of rubber
stamp thereof.
Copy to: the
Controlling Authority:
Note: Strike out
the words not applicable.
FORM 'M'
[See clause (ii) of sub-rule (1) of rule
8]
Notice rejecting claim for payment of
gratuity
To
[Name and
address of the applicant employee/nominee legal heir]
You are
hereby informed as required under clause (ii) of sub-rule (i) of rule 8 of the
Payment of Gratuity (Central) Rules, 1972 that your claim for payment of
gratuity as indicated on your application in Form ……… under the said rules is not admissible for the reasons stated
below:
Reasons
[Here specify the
reasons]
Place Signature
of the employer/
Date Authorised
Officer.
Name or description of
establishment or rubber
stamp thereof.
Copy to: The
Controlling Authority:
Note: Strike out
the words not applicable.
FORM 'N'
[See sub-rule (i)
of rule 10]
Application for direction
Before the
Controlling Authority under the Payment of Gratuity Act, 1972.
Application No.
Date
Between
[Name in full of
the applicant with full address]
and
[Name in full of
the employer concerned with full address]
The applicant
is an employee of the above-mentioned employer's nominee of late ………… an employee of the above mentioned
employer's legal heir of late ………………..
and employee of the above-mentioned employer, and is entitled to payment of
gratuity under section 4 of the Payment
of Gratuity Act, 1972, on account of his own/aforesaid employees superannuation
on ……………./his own
retirement/aforesaid employee's resignation on ………………………….. after
[date] [date]
completion of ………………….
years of continuous service/his own/aforesaid employee's total disablement with
effect from ……. [date] due to
accident/disease/death of the aforesaid employee
on ………………
2. The
applicant submitted an application under rule ……………. of the Payment of Gratuity Act, 1972 on the ………………… but the above-mentioned
employer refused to entertain it/issued
a notice dated the under clause …………… of sub-rule of rule …………………
offering an amount
of gratuity which is less than me due/issued a notice
dated the ………………………. under clause
…………… of
sub-rule …….. of rule …………… rejecting my eligibility to
payment of gratuity. The
duplicate copy of the said notice is enclosed.
3. The
applicant submits that there is a dispute on the matter.
[Specify the
dispute]
4. The applicant furnishes the necessary particulars in
the annexure hereto and prays that the Controlling Authority may be pleased to
determine the amount of gratuity payable to the petitioner and direct the above
mentioned employer to pay the same to the petitioner.
5. The applicant declares that the particulars furnished
in the annexure hereto are true and correct to the best of his knowledge and
belief.
Date Signature
of the applicant/Thumb
impression of
the applicant.
Annexure
1. Name
in full of applicant with full address.
2. Basis
of claim:[Death/Superannuation/Retirement/Resignation/ Disablement of
employee].
3. Name
and address in full of the employee.
4. Marital
status of the employee (unmarried/ married/ widow /widower )
5. Name
and address in full of the employer.
6. Department/Branch/Section
where the employee was employed [if known].
7. Post
held by the employee with Ticket or Serial No., if any [if known].
8. Date
of appointment of the employee [if known].
9. Date
and cause of termination of service of the employee.
[superannuation/retirement/resignation/disablement/death ]
10. Total
period of service by the employee.
11. Wages
last drawn by the employee.
12. If
the employee is dead, date and cause thereof.
13. Evidence/witness
in support of death of the employee.
14. If a
nominee, No. and date of recording of nomination with the employer.
15. Evidence/witness
in support of being a legal heir, if a legal heir.
16. Total
gratuity payable to the employee [if known].
17. Percentage
of gratuity payable to the applicant as a nominee/legal heir.
18. Amount
of gratuity claimed by the applicant.
Place Signature/Thumb
impression
Date of
the applicant.
Note: Strike out the words not applicable.
FORM 'O'
[See sub-rule (1) of rule 11]
Notice for appearance before the
controlling authority
From:
The
Controlling Authority under the Payment of Gratuity Act, 1972.
To
…………………………………………………………………………………………………………………
[Name and address of the
employee/applicant]
Whereas
Shri …………………, an employee under
you/a nominee(s) legal heir (s) of Shri …………………
an employee under the above-mentioned employer, has/have filed an application
under sub-rule (1) of rule 10 of the Payment of Gratuity
(Central) Rules, 1972 alleging that …………
[A copy of
the said application is enclosed]
Now,
therefore, you are hereby called upon to appear before me at ………………… [place] either personally or
through a person duly authorised in this behalf for the purpose of answering
all material questions relating to the application on the ………………. day of 19 ………………….at
………… o'clock in
the forenoon/afternoon in support of/to answer the allegation; and as the day
fixed for your appearance is appointed for final disposal of the application,
you must be prepared to produce on that day all the witnesses upon whose
evidence, and the documents upon which you intend to rely in support of your
allegation/defence.
Take notice
that in default of your appearance on the day before mentioned the application
will be dismissed/heard and determined in your absence.
Give under my
hand and seal, this ……………. day of ………..
19 ……
Controlling Authority
Note: Strike out the words and
paragraphs not applicable.
FORM 'P'
[See rule 14]
Summons
Before the
Controlling Authority under the Payment of Gratuity Act, 1972.
To
……………………………………………………………………………………………………………
[Name and
address]
Whereas your
attendance is required to give evidence/you are required to produce the
documents mentioned in this list below, on behalf of in the case arising out of
the claim for gratuity by …………..
from ………… and referred to this
Authority by an application under section 7 of the Payment of Gratuity Act,
1972, you are hereby summoned to appear personally before this Authority on the
……………. day of 19 …………. at ……….. o'clock in the forenoon/afternoon and to bring with you (or
to send to this Authority) the said documents.
List of Documents
1.
2.
3. so on Controlling
Authority
Dated this …………..
day of ………….. 19 ……..
Notes.- 1. The
portion not applicable to be deleted.
2. The
summons shall be issued in duplicate. The duplicate is to be signed and
returned by the person served before the date fixed.
3. In
case summons is issued only for producing a document and not to give evidence,
it will be sufficient compliance to the summons if the documents are caused to
be produced before the controlling authority on the day and hour fixed for the
purpose.
FORM 'Q'
[See sub-rule (1) of rule 19]
Particulars of application under section 7
1. Serial
No.
2. Date
of the Application.
3. Name
and address of the applicant.
4. Name
and address of the employer.
5. Amount
of gratuity claimed.
6. Dates
of hearing.
7. Findings
with date.
8. Amount
awarded.
9. Cost,
if any, awarded.
10. Date
of notice issued for payment of gratuity.
11. Date
of appeal, if any.
12. Decision
of the appellate authority.
13. Date
of issue of Final Notice for payment of gratuity.
14. Date
of payment of Gratuity by Employer with mode of payment.
15. Date
of Receipt of application for recovery of Gratuity.
16. Date
of Issue of Recovery Certificate.
17. Date
of Recovery.
18. Other
remarks.
19. Signed.
20. Date
FORM 'R'
[See Rule 17]
Notice for payment of Gratuity
To ……………………………………………………… [Name and
address of employer]
Whereas
Shri/Smt/Kumari ……………………. of ……………….. (address) an [employee under
you/a nominee(s) legal heir(s) of late ………………..
and employee under you, filed an application under section 7 of the Payment of
Gratuity Act, 1972 before me;
And whereas
the application was heard in your presence on and after the hearing I have come
to the finding that the said Shri/Smt./ Kumari …………………… is entitled to a payment of Rs ……….. as gratuity under the Payment of Gratuity Act, 1972;
Now, therefore,
I hereby direct to pay the said sum of Rs …………………
to Shri/Smt./Kumari ……………………….within
thirty days of the receipt of this notice with an intimation thereof to me.
Given under my
hand and seal, this ………………. day of …………… 19 ……….
Controlling Authority
Copy to:
(Applicant)
He is advised to
contact the employer for collecting payment.
Note.- The portion not applicable to be
deleted,
FORM 'S'
[See sub-rule (5) of rule 18]
Notice for Payment of Gratuity as
determined by Appellate Authority
To
[Name and address of employer]
Whereas a
notice was given to you on …………………
Form 'R' requiring you to make a payment of Rs ………… to Shri/Smt./Kumari …………………….
as gratuity under the Payment of
Gratuity Act, 1972;
Whereas you/the
applicant went in appeal before the appellate authority, who has decided that
an amount of Rs ………… is due to be
paid to Shri/Smt./Kumari ………………….. as gratuity due under the
Payment of Gratuity Act, 1972;
Now, thereof, I
hereby direct you to pay the said sum of Rs …………… to Shri/Smt./Kumari ………………
within 30 days of the receipt of this with an intimation thereof to me.
Given under my
hand and seal, this …………… day of ………… 19 …..
Controlling Authority.
Copy to:
1. The
Applicant.
He is advised to contact the
employer for collecting payment
2. The
Appellate Authority.
Note.- The
Portion not applicable to be deleted.
FORM 'T'
[See rule 19]
Application for recovery of gratuity
Before the
Controlling Authority under the Payment of Gratuity Act, 1972.
Application No ……….. Date
……………..
Between ……………………………………
[Name in full of the applicant
with address]
And
[Name in full of the employer
with full address]
The applicant
is an employee of the above-mentioned employer/a nominee of late …………. an employee of the above
mentioned employer/a legal heir of late …………...,
an employee of the
above mentioned employer, and you were pleased to direct
the said employer in your notice dated the …………….
under rule …………….. of the Payment of
Gratuity (Central) Rules, 1972 for payment of a sum of Rs ……….. as gratuity payable under the Payment of Gratuity Act, 1972.
2. The applicant
submits that the said employer failed to pay the said amount of gratuity to me
as directed by you although I approached him for payment.
3. The applicant
therefore prays that a certificate may be issued under section ……………… of
the said Act for the recovery of the said sum of Rs …………………. due to me as gratuity in
terms
of your direction.
Place
Signature/Thumb impression
Date
of the applicant
1[FORM 'U'
Abstract of the Act and Rules
1. Extent of the Act.- The Act extends to
the whole of India:
Provided
that in so far as it relates to plantations or ports, it shall not extend to
the State of Jammu and Kashmir.
[Section 1(2)]
2. To whom the Act applies.-The
Act applies to (a) every factory, mine, oilfield, plantation, port and railway
company; (b) every shop or establishment within the meaning of any law for the
time being in force in relation to shop and establishment in State, in ten or
more persons are employed, or were employed, on any day of the preceding twelve
months; and (c) such other establishment, or class of establishment, in which
ten or more employees are employed, on any day of the preceding twelve months,
as the Central Government May, by notification, specify in this behalf,
[Section 1(3)]
|
1.
|
Ins. G.S.R. 2868, dated 22nd November, 1975.
|
3. Definitions,-(a) "Appropriate
Government" means-
(i) in
relation to an establishment;
(a) belonging
to, or under the control of, the Central Government,
(b) having
branches in more than one State,
(c) of
a factory belonging to, or under the control of, the Central Government,
(d) of
a major port, mine, oilfield or railway company, the Central Government.
(ii) in any
other case, the State Government. [Section 2(a)].
(b)
"Completed year of service" means continuous service for one year;
[Section 2(b)].
(c)
"Continuous Service" means uninterrupted service and includes service
which is interrupted by sickness, accident, leave, lay-off, strike or a
lock-out or cessation of work not due to any fault of the employees concerned,
whether such uninterrupted or interrupted service was rendered before or after
the commencement of this Act.
Explanation I.- In the case of an
employee who is not in uninterrupted service for one year, he shall be deemed
to be in continuous service if he has been actually employed by an employer
during the twelve months immediately preceding the year for not less than-
(i)
190 days, if employed below the ground in a
mine, or
(ii)
240 days, in any other case, except when he is employed
in seasonal establishment.
Explanation II.-An employee of a
seasonal establishment shall be deemed to be in continuous service if he has
actually worked for not less than seventy-five per cent of the number of days
on which the establishment was in operation during the year. [Section 2(d)].
(d)
"Controlling authority" means an authority appointed by an
appropriate Government under section 3. [Section 2(d)].
(e)
"family", in relation to an employee, shall be deemed to consist of-
(i)
in the case of a male employee, himself, his
wife, his children, whether married or unmarried, his dependant parents and the
widow and children, of his predeceased son, if any,
(ii)
in the case of a female employee, herself, her
husband, her children,
whether married or
unmarried, her dependant parents and the dependant parents of her husband and
the widow and children of her predeceased son, if any:
Provided that
if a female employee, by a notice in writing to the controlling authority,
express her desire to exclude her husband from her family, the husband and his
dependant parents shall no longer be deemed for the purposes of this Act, to be
included in the family of such female employee unless the said notice is
subsequently withdrawn by such female employee.
Explanation.-Where the personal law
of an employee permits the adoption by him of a child, any child lawfully
adopted by him shall be deemed to be included in his family, and where a child
of an employee has been adopted by another person and such adoption is, under
the personal law of the person making such adoption, lawful, such child shall
be deemed to be excluded from the family of the employee. [Section 2(h)].
4. Nomination.-(1) Each employee, who
has completed one year of service, after the commencement of the Payment of
Gratuity (Central) Rules, 1972, shall make within thirty days of completion of
one year of service, a nomination [Section 6(1) read with Rule 8, 6(1)].
(2) If an
employee has a family at the time of making a nomination the nomination shall
be made in favour of one or more members of his family and any nomination made
by such employee in favour of a person who is not member of his family shall be
void. [Section 6(3)].
(3) If at the
time of making a nomination, the employee has no family, the nomination can be
made in favour of any person or persons, but if the employee subsequently
acquires a family, such nomination shall forthwith become invalid and the
employee shall make within 90 days a fresh nomination in favour of one or more
members of this family. [section 6(4) read with rule 6(3)].
(4) A
nomination or a fresh nomination or a notice of modification of nomination
shall be signed by the employee or, if illiterate, shall bear his thumb impression
in the presence of two witnesses, who shall also sign declaration to that
effect in that nomination, fresh nomination or notice of modification of
nomination as the case may be. [Rule 6(5)].
(5) A
nomination may, subject to the provisions of sub-sections (3) and (4) of
section 6 be modified by an employee any time after giving to his employer a
written notice of his intention to do so.[Section 6(5)].
(6) A
nomination or fresh nomination or notice of modification of nomination shall
take effect from the date of receipt of the same by the employer. [Rule 6(6)].
5. Application for gratuity.-(1) An
employee who is eligible for payment of gratuity under the Act, or any person
authorised, in writing, to act on his behalf, shall apply ordinarily within
thirty days from the date of gratuity became payable:
Provided that
where the date of superannuation or retirement of an employee is known, the
employee may apply to the employer before thirty days of the date of
superannuation or retirement. [Rule 7(1)].
(2) A nominee
of an employee who is eligible for payment of gratuity shall apply, ordinarily
within thirty days from the date the gratuity became payable to him, to the
employer. [Rule 7(2)].
(3) A legal
heir of an employee who is eligible for payment of gratuity shall apply,
ordinarily within one year from the date the gratuity became payable to him, to
the employer. [Rule 7(3)].
(4) An
application for payment of gratuity filed after the expiry of the periods specified
above shall also be entertained by the employer if the applicant adduces a
sufficient cause for the delay. [Rule 7(5)].
6.Payment of gratuity.-(1) Gratuity
shall be payable to an employee on the termination of his employment after he
has rendered continuous service for not less than five years-
(a) on
his superannuation, or
(b) on
his retirement or registration, or
(c) on
his death or disablement due to accident or disease:
Provided that
the completion of continuous service of five years shall not be necessary where
the termination of the employment of any employee is due to death or
disablement:
Provided
further that in case of death of the employee, gratuity payable to him shall be
paid to his nominee or, if no nomination has been made, to his heirs, and where
any such nominees or heirs is a minor the shares of such minor, shall be
deposited with the controlling authority who shall invest the same for the
benefit of such minor in such bank or other financial institution, as may be
prescribed, until such minor attains majority.
Disablement
means such disablement which incapacitates an employee for the work which he
was capable of performing before the accident or disease resulting in such
disablement. [Section 4(1)].
(2) For every
completed year of service or part thereof in excess of six months, the employer
shall pay gratuity to an employee at the rate of fifteen days' wages based on
the rate of wages last drawn by the employee concerned:
Provided that
in the case of a piece-rated employee, daily wages shall be computed on the
average of the total wages received by him for a period of three months
immediately preceding the termination of his employment, and, for this purpose,
the wages paid for any overtime work shall not be taken into account:
Provided
further that in the case of an employee employed in seasonal establishment, the
employer shall pay the gratuity at the rate of seven days' wages for each
season. [Section 4(2)].
Explanation.-In case of a monthly rated
employee, the fifteen days' wages shall be calculated by dividing the monthly
rate of wages last drawn by him by twenty-six and multiplying quotient by
fifteen.
(3) The amount
of gratuity payable to an employee shall not exceed twenty months wages.[Section
4(3)].
7. Forfeiture of gratuity,-(1) The
gratuity of an employee, whose services have been terminated for any act,
willful omission or negligence causing any damage or loss to, or destruction
of, property belonging to the employer, shall be forfeited to the extent of the
damage or loss so caused;
(2) The
gratuity payable to an employee shall be wholly forfeited-
(a) If
the services of such employee have been terminated for his riotous or
disorderly conduct or any other act of violence on his part, or
(b) If
the services of such employee have been terminated for any act which
constitutes an offence involving moral turpitude, provided that such offence is
committed by him in the course of his employment.[Section 4(6)].
8. Notice of opening, change or closure
of the establishment,- (1) A notice shall be submitted by the employer to
the controlling authority of the area within thirty days of any change in the
name, address, employer or nature of business.[Rule 3(2)].
(2) Where an employer
intends to close down the business he shall submit a notice to the controlling
authority of the area at least sixty days before the intended closure.[Rule
3(3)].
9. Application to controlling authority
for direction,-If an employer-
(i)
refuses to accept a nomination or to entertain
an application for payment of gratuity, or
(ii)
issues a notice either specifying an amount of
gratuity which is considered by the applicant less than what is payable or
rejecting eligibility to payment of gratuity, or
(iii)
having received an application for payment of
gratuity, fails to issue notice within fifteen days; the claimant employee,
nominee, or legal heir, as the case may be, may within ninety days of the
occurrence of the cause for the application, apply to the controlling authority
for issuing a direction under sub-section (4) of section 7 with as many extra
copies as are the opposite party:
Provided that
controlling authority may accept any application on sufficient cause being
shown by the applicant after the expiry of the period of ninety days.' [Rule
10]
10. Appeal.-Any person aggrieved by
an order of the controlling authority may, within sixty days from the date of
the receipt of the order, prefer an appeal to the Regional Labour Commission
(Central) of the area who been appointment as the appellate authority by the
Central Government:
Provided
that the appellate authority may, if it is satisfied that the appellate was
prevented by sufficient cause from preferring the appeal within the said period
of sixty days, extend the said period by further period of sixty days. [Section
7(7)].
11. Machinery for enforcement of the Act
or Rules in Central spheres.-AII Assistant Labour Commissioners (Central)
have been appointed as Controlling Authorities and all the Regional Labour
Commissioners (Central) as Appellate Authorities.
12. Powers or the controlling authority.-The
Controlling Authority for the purpose of conducting an inquiry as to the amount
of gratuity payable to an employee or as to the admissibility of any claim of,
or in relation to, an employee for payment of gratuity, or as to the person
entitled to receive the gratuity, shall have the same powers as are vested in
court, under the Code of Civil Procedure, 1908 in respect of the following
matters, namely:-
(a) enforcing
the attendance of any person or examining him on oath;
(b) requiring
the discovery and production of documents;
(c) receiving
evidence on affidavits; and
(d) issuing
commissions for the examination of witnesses. [Section 7(5)].
13. Recovery or gratuity.- If the
amount of gratuity payable is not paid by the employer, within the prescribed
time, to the person entitled thereto the controlling authority shall, on an
application made to it in this behalf by the aggrieved person, issue a
certificate for that amount to the Collector, who shall recover the same
together with compound interest thereon at the rate of nine per cent per annum,
from the date of expiry of the prescribed time, as arrears of land revenue and
pay the same to the person entitled thereto. [Section 8].
14. Protection or gratuity.-No
gratuity payable under the Payment of Gratuity Act and rules made thereunder
shall be liable to attachment in execution of any decree or order of any civil,
revenue or criminal court. [Section 13].
15. Penalties for offences.-(1)
Whoever, for the purpose of avoiding any payment to be made by himself 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 one thousand rupees, or with both. [Section 9(1)].
(2) An employer
who contravenes, or makes default in complying with, any of the provisions of
the Act or any rule or order made thereunder shall be punishable with
imprisonment for term which may extend to one year, or with fine which may
extend to one thousand rupees, or with both:
Provided that
if the offence relates to non-payment of any gratuity payable under the Payment
of Gratuity Act, the employer shall be punishable with imprisonment for a term
which shall not be less than three months 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.
[Section 9(2)].
16. Display or notice.- The employer
shall display conspicuously a notice at or near the main entrance of the
establishment in bold letters in English and in the language understood by the
majority of the employees specifying the name of the officer with designation
authorised by the employer to receive on his behalf notices under the Payment
of Gratuity Act or the rules made thereunder. [Rule 4].
17. Display or abstract or the Act and
Rules.-The employer shall display an abstract of the Payment of Gratuity
Act and the rules made thereunder in English and in the language understood by
the majority of the employees at a conspicuous place at or near the main
entrance of the establishment. [Rule 20]].
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