Section 4 of the payment of gratuity act, 1972 deals with calculation of gratuity, the explanation to the act inserted by act no. Payment of gratuity act 1972 applies to whole india except jammu and kashmir state. As mentioned earlier, the payment of gratuity act, 1972 was enacted and brought into force from 16 september 1972. However, a notification has been issued dated 2272005 granting exemption from the applicability of the payment of gratuity act but it will have prospective effection as clarified by delhi high court. However, under section 4 3 of the gratuity act, the maximum amount of gratuity to be paid by the establishment is fixed at rs.
Subsection 3 of section 4 of the act provides that the amount of gratuity payable to an employee shall not exceed three lakh and fifty thousand rupees. Thus, the gratuity would be payable under the 1972 act. The payment of gratuity act, 1972 national portal of india. Gratuity act, amendment, acts, eligibility, abstract, benefits. An act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments and for matters connected therewith or incidental thereto. Gratuity is the reward in the form of money for an employer to his employee on his termination for his past services. Notice under rule 41 of payment of gratuity act, 1972 name of the establishment address of the establishment name of the responsible person designation contact number place. The gratuity eligibility service as per gratuity act 1972 is 5 years. Calculation made under the payment of gratuity act, 1972.
Get the bhagavad gita soft copy immediately for only rs. The act applies to every shop or establishment in which 10 or more persons are employed on any day in the preceding 12 months. Every mine, factory, oilfield, port, plantation and railway company. An act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishmentsi. Payment of gratuity act, 1972 gratuity act eligibility. Be it enacted by parliament in the sixtyninth year of the republic of india as. The payment of gratuity act, 1972 bare act by labour law agency. Gratuity act, amendment, acts, eligibility, abstract, benefits gratuity act is a statutory benefit paid to the employees who have rendered continuous service for at least five years. Prior to the enactment of the payment of gratuity act,1972 there was no legal compulsion for the employer to pay any gratuity to the employee.
Deshpande, a practicing advocate at aurangabad high court discusses amendments to section 4 of the payment of gratuity act. The payment of gratuity act, 1972 brief notes posted on june 10, 2019 by admin gratuity is the lump sum amount given to an employee as social security who has worked in an establishment for a minimum of five years, in case of retirement or superannuation. An act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments and for. State whether the following statements are true or false and give reasons therefor with reference to the payment of gratuity act, 1972. All you need to know about payment of gratuity act 1972.
Income tax department download ask 1800 180 1961 1961. Rules regulations notifications orders circulars statutory ordinance statutes. Provided that in so far as it relates to plantations or ports, it shall not extend to the state of jammu and kashmir. Municipal corporation of delhi v, rati ram, 2008 119 flr 828 del hc. Be it enacted by parliament in the twentythird year of the republic of india as follows. As the definition of continuous service in industrial dispute act and payment of gratuity act are synonymous, the same principal can be adopted under the act also and hence an employee rendering service of 4 year 10months 11days is considered to have completed 5 years continuous service under sec. The act applies to every factory, mine, oilfield, plantation, port, railway company. Gratuity is a payment made to an employee at the time of termination of services with his employer arising out of retirement, resignation or otherwise. Know what supreme court has enunciated on right to. The payment of gratuity act, 1972 bare act by labour law. The entire argument of the appellant is that the state act confers restrictive benefit of gratuity than what is conferred under the central act. The payment of gratuity act, 1972 is applicable to every factory, mine, oilfield, plantation, port and railway company.
Payment of gratuity act 1972 in hindi updated pdf and ppt video in 2018 by all about employment youtube video channel from hr. Such employees shall receive gratuity as per law under which they are governed. This amount was fixed with effect from the 24th september, 1997 by amendment to the payment of gratuity act, 1972. Payment of gratuity act, 1972 an act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments and for matters connected therewith or incidental thereto. Payment of gratuity act, 1972 bare acts law library. Amendments to the payment of gratuity act, 1972 citehr. The term gratuity connotes a gift for the services rendered over a long period of time for an organisation. The payment of gratuity act, 1972, indian bare acts at, a website for indian laws and bareacts, legal advice and law documents in india. Appellate authority, under payment of gratuity act, 1972, 2007. Amendments to section 4 of the payment of gratuity act. The payment of gratuity act, 1972 is largely based on kerala industrial employees payment of gratuity act. If you continue browsing the site, you agree to the use of cookies on this website. After having discussed the amendments introduced, let us briefly discuss the salient features of the payment of gratuity act, 1972 so as to have an understanding of the basic provisions of the act.
It was held by the supreme court of india in indian hume pipe co ltd v its workmen that the general principle underlying a gratuity scheme is that by service over a long period the employee is entitled to claim a certain amount as retirement benefit. An act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other. An act further to amend the payment of gratuity act, 1972. In case of nongovernment employees, income tax rules on gratuity are applicable depending on whether employees are covered under the payment of gratuity act, 1972 or not.
Be it enacted by parliament in the sixtyninth year of the republic of india as follows. The payment of gratuity act, 1972 is for employees engaged in various establishment. Gratuity eligibility 4 years 7months pdf download citehr. Provided that in so far as it relates to plantations or ports, it shall not extend to. The payment of gratuity act, 1972 gratuity eligibility. It is a lump sum amount paid to an employee based on the duration of his total service. Controlling authority of payment of gratuity, surat yours truly. Payment of gratuity act, 1972 pdf file this act has been promulgated by parliament of india in the year 1972 to provide for a governenmental scheme for the payment of rightful gratuity to the employees engaged in factories, mines, oilfields, plantations, ports, railway companies and other industries for their and their familys benefit. The pondicherry building bye laws and zoning regulations 2012. The payment of gratuity act 1972 the payment of gratuity amendment act, 2018 provides for the payment of gratuity to employees engaged in industries including mines, oilfields, plantations, shops, factories, amongst others.
Section 42 of the gratuity act, 1972 provides for a fixed formula to calculate the amount of gratuity to be paid. Be it enacted by parliament in the twentythird year of. An act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway. An act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments. But as per the judgment from supreme court below and the quotation from the book quoted below it seems that the gratuity eligibility service is 4 years 240 days. Gratuity know gratuity act, calculation, formula, rules. Gratuity is a voluntary payment made by the employer to the employee in recognition of continuous, meritorious services and sincere efforts by the employee towards the organization. Piyush sanghi ca pcc slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Section 42 in the payment of gratuity act, 1972 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. The payment of gratuity act 1972 is a social security enactment. The income tax department never asks for your pin numbers, passwords or similar access information for credit cards, banks or other financial accounts through email the income tax department appeals to taxpayers not to respond to such emails and not to share information relating to their credit card, bank and other financial accounts. The practice of paying bonus in india appears to have originated during first world war when certain textile mills granted 10% of wages as war bonus to their workers in 1917.
Payment of gratuity act, 1972 bare acts law library advocatekhoj. The payment of gratuity act, 1972 applicability of the act. It is an act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields. The payment of gratuity act, 1972 preamble 39 of 1972 an act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments and for matters connected therewith or incidental thereto. Notice under rule 41 of payment of gratuity act, 1972.
Be it enacted by parliament in the sixtyeighth year of the republic of india as follows. Such argument is not tenable in view of section 14 of the 1972 act and that liberal payment of gratuity is in fact in the interest of the employees. The payment of gratuity act was passed by indian parliament in 21 august 1972. To calculate how much gratuity is payable, the payment of gratuity act, 1972 has divided nongovernment employees into two categories. Payment of gratuity act 1972 bare acts legalcrystal. Payment of gratuity act, 1972 complete act bare act. It is governed under the payment of gratuity act 1972. This amendment bill raises the ceiling of gratuity to be paid from the present level of rs.