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Sec.13A of Payment Of Gratuity Act

16 March 2010

Please Anyone give me the ammendments in Payment of Gratuity Act,2009 applicable for may 2010 Exams of PCC at Kathuria_P @ Yahoo.com

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sanjoy saha (student) (126 Points)
Replied 07 April 2010

Dear Parul,

Please find the required amendment here.

BUSINESS LAWS (PCC&IPCC) LEVEL…..

1.THE PAYMENT OF GRATUITY(Amendment) ACT,2009

Payment of Gratuity Act, 1972 has been amended by the (amendment)Act, 2009 and it is deemed to have come into force w.e.f 3^rd april,1977.The amendment relates to amendment in section 2 and insertion of a new section 13A

With regard to the definition of “employee” in section 2(e),it 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 govt or a state govt and is governed for payment of gratuity”

The new section 13A provides for validation of payment of gratuity .in other words notwithstanding anything contained in any judgment, decree or order of any court for the period commencing on and from the 3^rd day of april,1997 and ending the day on which the amendment Act ,2009 receives the assent of the president, gratuity shall be payable as if the Amendment Act ,2009 has been in force at all material times ….