17 August 2010
Payment of Gratuity (Amendment) act, 2009 – amendment in section 2 and insertion of section 13A
An Act to further amend the Payment of Gratuity Act, 1972.
Be it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:—
Short title and commencement
1. (1) This Act may be called the Payment of Gratuity (Amendment) Act, 2009.
(2) It shall be deemed to have come into force on the 3rd day of April, 1997.
2. In the Payment of Gratuity Act, 1972 (39 of 1972) (hereinafter referred to as ‘the principal Act’), in section 2, for clause (e), the following clause shall be substituted, namely:—
‘(e) “employee” means any person (other than an apprentice) who is employed for wages, whether the terms of such employment are express or implied, in any kind of work, manual or otherwise, in or in connection with the work of a factory, mine, oilfield, plantation, port, railway company, shop or other establishment to which this Act applies, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity;’.There is limit of 10 or more persons are employed or were employed on any day of the preceding 12 months.
3. After section 13 of the principal Act, the following section shall be inserted, namely:—
“13A. Validation of payment of gratuity – Notwithstanding anything contained in any judgment, decree or order of any court, for the period commencing on and from the 3rd day of April, 1997 and ending on the day on which the Payment of Gratuity (Amendment) Act, 2009, receives the assent of the President, the gratuity shall be payable to an employee in pursuance of the notification of the Government of India in the Ministry of Labour and Employment vide number S.O. 1080, dated the 3rd day of April, 1997 and the said notification shall be valid and shall be deemed always to have been valid as if the Payment of Gratuity (Amendment) Act, 2009 had been in force at all material times and the gratuity shall be payable accordingly:
Provided that nothing contained in this section shall extend, or be construed to extend, to affect any person with any punishment or penalty whatsoever by reason of the non-payment by him of the gratuity during the period specified in this section which shall become due in pursuance of the said notification.”.
Download Payment of Gratuity Amendment Bill 2010
Related Post:-
1. Cabinet approved amendment to the Gratuity Act to raise the ceiling from Rs 3.5 lakh to Rs 10 lakh
2. Lok Sabha passes bill to hike gratuity ceiling to Rs. 10 lakh from Rs. 3.50 Lakh
3. Gratuity Limit increased to 10 Lakh as per Income Tax Act and Gratuity Act in Rajya Sabha
4. Payment of Gratuity (Amendment) Act, 2009 – Amendment in section 2 and insertion of section 13A, Change in definition of employee
29 August 2010
PAYMENT OF GRATUITY ACT, 1972 & PAYMENT OF GRATUITY(CENTRAL) RULES, 1972
S.No Type & Nature Of Document Description Of the Form Relevant Clause Schedule Of Submission/ Maintenance Submitting Authority Remarks 1 Form A Notice Of Opening Rule 3 (1) Within 30 days from which the rules become applicable Concerned controlling authority of the area 2 Form B Notice Of Change Rule 3 (2) Within 30 days of any change in the particulars of the establishment like name, address or nature of business Concerned controlling authority of the area 3 Form C Notice Of Closure Rule 3 (3) Atleast 60 days before the intended closure of the business Concerned controlling authority of the area 4 Form D Notice for excluding husband from family Rule 5 (1) To be submitted by the employee to the employer in triplicate. The employer after receipt forwards a copy to the concerned controlling authority of the area. 5 Form E Notice of withdrawal of notice for excluding husband from family Rule 5 (2) To be submitted by the employee withdrawing the notice in form D to the employer in triplicate. The employer after receipt forwards a copy to the concerned controlling authority of the area. 6 Form F Nomination Rule 6 (1) To be submitted by the employee to the employer in duplicate. The employer within 30 days of the receipt of nomination , verify with the service particulars and after attestation return back a copy to the employee. 7 Form G Fresh Nomination Rule 6 (3) To be submitted by the employee within 90 days of acquiring a family to the employer 8 Form H Modification Of Nomination Rule 6 (4) To be submitted by the employee to the employer , in cases including where a nominee predeceases an employee 9 Form I Application for gratuity by an employee Rule 7 (1) To be submitted by the employee, eligible for payment of gratuity to the employer , within 30 days from which the gratuity becomes payable. 10 Form J Application for gratuity by a nominee Rule 7 (2) To be submitted by the nominee of an employee to the employer within 30 days from the date of gratuity payable to him/her. For this purpose an application in plain paper may also be accepted 11 Form K Application for gratuity by a legal heir Rule 7 (3) To be submitted by the legal heir of an employee, eligible for payment of gratuity , to the employer, within 1 year from the date of gratuity payable to him/her 12 Form L Notice for payment of gratuity Rule 8 (1) On verification of claims made for payment of gratuity, the employer , within 15 days of receipt of an application , issue a notice to the applicant employee , his nominee or legal heir, specifying the amount of gratuity payable and fixing a date of payment not later than the 30th day of receipt of the application. 13 Form M Notice rejecting payment of gratuity Rule 8 (1) On verification of claims made for payment of gratuity, if the claim is found inadmissible, the employer may issue a notice to the applicant employee, his nominee or legal heir , specifying the reasons why the claim is found inadmissible 14 Form N Application for direction Rule 10 (1) In cases wherein the employer refuses to accept a claim application or issues a notice specifying a amount of gratuity which is considered less by the applicant or fails to issue a notice under rule 8, the claimant employee/ his nominee/ legal heir may within 90 days of occurrence of cause for application, apply in form N to the concerned controlling authority of the area for issuing a direction 15 Form O Notice for appearance before the controlling authority Rule 11 (1) On receipt of form N , the concerned controlling authority of the area may call upon the applicant and the employer to appear before him on a specified date, time and place. 16 Form P Summons Rule 14 The controlling authority may , at any stage of proceedings, issue summons to the applicant or the employer to produce evidences, documents etc. 17 Form Q Particulars of application under Section 7 Rule 16(1) The controlling authority to record the particulars of each case in form Q 18 Form R Notice for payment of Gratuity Rule 17 on subsequent verification of the genuineness of the claims made, the controlling authority to issue a notice , specifying to the employer , the amount of gratuity payable and directing the employer for payment of gratuity within 30 days of receipt of notice. 19 Form S Notice for payment of Gratuity as determined by appellate authority Rule 18(8) The controlling authority on receipt of the decision of the appellate authority, modify his direction for payment of gratuity and issue a notice to the employer, specifying the modified amount of gratuity and directing payment within 15 days of receipt of notice by the employer. 20 Form T Application for recovery of gratuity Rule 19 In situations wherein, the employer fails to pay the gratuity due under the act in accordance with the notice of the controlling authority , the employee/his nominee/legal heir may apply to the controlling authority in duplicate for recovery 21 Form U Display of abstract of the act and rules Rule 20 The employer to display an abstract of the act and rules framed thereunder in English and a language understood by the majority of employees at a conspicuous place or near the main entrance of the establishment
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