Menu Close

THE PAYMENT OF GRATUITY RULES

https://drive.google.com/open?id=1RwtHeVly1m55brx8Tf7E3reK7bdFBomS

THE PAYMENT OF GRATUITY (CENTRAL)

RULES, 1972-1

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.

  • These rules shall come into force on the 16th September, 1972;
  • Definitions.-In these rules, unless there is anything repugnant in the subject or context,-
  • “Act” means the Payment of Gratuity Act, 1972 (39 of 1972);
  • “Appellate authority” means the Central Government or the authority specified by the Central Government under sub-section (7) of section 7;
  • “Form” means a form appended to these rules;
  • “nomination” means nomination made under section 6;
  • “section” means a section of the Act.
  • Notice of opening, change or closure of the establishment.- (1) Within thirty days of therules becoming applicable to an establishment, a notice in Form A shall be submitted by the employer to the controlling authority of the area.

4. Display of notice

*5. Form of notice under proviso to section (2)

6. Nominations

7. Application for gratuity

8. Notice for payment of gratuity

9. Mode of payment of gratuity

10. Application to controlling authority for direction.

11. Procedure for dealing with application for direction

12. Place and time of hearing.

13. Administration of oath

14. Summoning and attendance of witnesses

15. Service of summons or notice

16. 16. Maintenance of records of cases by the controlling authority.

17. Direction for payment of gratuity

18. Appeal

19. Application for recovery of gratuity

20. Display of abstract of the Act and Rules

FORM ‘A’

[See sub-rule (1) of rule 3]

Notice of Opening

  1. Name and address of the Establishment.
  • Name and designation of the Employer.
  • Number of persons employed.
  • Maximum number of persons employed on any day during the preceding twelve months with date.
  • Number of employees covered by the Act.
  • Nature of industry.
  • Whether seasonal.
  • Date of opening.
  • Details of Head Office/Branches.
  • Name and address of the head office. Number of employees.
  • 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

…………………………….

…………………………….

  1. Ins. by G.S.R. 2868, dated 22nd November, 1975.

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.
  1. Name and address of the Head Office, if any.
  1. Name and designation of the employer.
  1. Number of persons in employment.
  1. Number of employees entitled to Gratuity.
  1. 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.
  1. Post held with Ticket or Serial No., if any.
  1. Department/Branch/Section where employed.
  1. 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 authorized 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.
  1. Name or description of establishment where employed.
  1. Post held with Ticket or Serial No., if any.
  2. Department/Branch/Section where employed.
  1. 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 authorized.

Seal or rubber stamp of the

establishment.

To

  1. ………………… (Employee)
  • The Controlling Authority.
  • 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.

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).

  • 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.
  • I hereby declare that I have no family within the meaning of clause (h) of section (2) of the said Act.

4.

  • My father/mother/parents is/are not dependent on me.
  • my husband’s father/mother/parents is/are not dependent on my husband.
  • 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.
  • Nomination made herein invalidates my previous nomination.

Nominee(s)

Name in full with full Relationship with the Age of nominee Proportion   by   which
address of nominee(s) employee   the gratuity will be
      shared
1.      
2.      
3.      
so on.      

Statement

  1. Name of employee in full.
  • Sex.
  • Religion.
  • Whether unmarried/married/widow/widower.
  • Department/Branch/Section where employed.
  • Post held with Ticket or Serial No., if any.
  • Date of appointment.
  • 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 authorized

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 therefore 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.

  • My father/mother/parents is/are not dependent on me.
  • My husband’s father/mother/parents is/are not dependent on my husband.
  • 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)

Name in full with full Relationship with the Age of nominee Proportion   by   which
address of nominee(s) employee   the   gratuity   will   be
      shared
1.      
2.      
3.      
4.      
so on.      

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.
  • Sex.
  • Religion.
  • Whether unmarried/married/widow/widower.
  • Department/Branch/Section where employed.
  • Post held with Ticket No. or Serial No., if any.
  • Date of appointment.
  • 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 authorized

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 authorized
    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.
  1. Address in full
  1. Department/Branch/Section where last employed.
  2. Post held with Ticket No. or Serial No., if any.
  1. Date of appointment.
  1. Date cause of termination of service.
  1. Total period of service.
  1. Amount of wages last claimed.
  2. Amount of gratuity claimed.

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 there from.

Yours faithfully,

Place                                                                                        Signature/Thumb impression of

Date                                                                                         the applicant employee.

Note:

  1. Strike out words not applicable.
  • 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 theaforesaid 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.
  • Address of full in applicant nominee.
  • Marital status of the applicant nominee (unmarried/married/widow/widower)
  • Name in full of the employee.
  • Marital status of employee.
  • Relationship of the nominee with employee.
  • Total period of service of the employee.
  • Date of appointment of the employee.
  • Date and cause of termination of service of the employee.
  1. Department/Branch/Section where the employee last worked.
  2. Post last held by the employee with Ticket or Serial No., if any.
  1. Total wages last drawn by the employee.
  1. Date of death and evidence/witness as proof of death of the employee.
  1. Reference No. of recorded nomination, if available.
  1. Total gratuity payable to the employee.
  1. Share of gratuity claimed.
  • I declare that the particulars mentioned in the above statement are true and correct to the best of my knowledge and belief.
  • Payment may please be made in cash/crossed or open bank cheque
  • 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 there from.

Yours faithfully,

Place                                                                                        Signature/Thumb impression

Date                                                                                         of applicant nominee.

Note:

  1. Strike out the words not applicable.
  • 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.
  • Address in full of applicant legal heir.
  • Marital status of the applicant legal heir (unmarried/married/widow/widower)
  • Name in full of the employee.
    • Relationship of the applicant with the employee.
  • Religion of both the applicant and the employee.
  • Date of appointment and total period of service of the employee.
  • Department/Branch/Section where the employee worked last..
  • Post last held by the employee with Ticket or Serial No., if any.
  1. Total wages last drawn by the employee.
    1. Date and cause of termination of service of the employee (death or otherwise).
  1. Date of death of the employee and evidence/witness in support thereof.
  1. Total gratuity payable to the employee.
  1. Percentage of the gratuity claimed.
  1. Basis of the claim and evidence/witness in support thereof.
  • I declare that the particulars mentioned in the above statement are true and correct to the best of my knowledge and belief.
  • Payment may please be made in cash/open or crossed bank cheque.
  • 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 there from.

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.
  1. Wages last drawn.
  1. Proportion of the admission gratuity payable in terms of nomination/as a legal heir.
  1. Amount payable.

Place                                                                                        Signature of the employer/

Date                                                                                         Authorized 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                                                                                         Authorized 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. Theduplicate copy of the said notice is enclosed.

3. The applicant submits that there is a dispute on the matter.

[Specify the dispute]

  • 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.
  • 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.
  1. Basis of claim:[Death/Superannuation/Retirement/Resignation/ Disablement of employee].
  2. Name and address in full of the employee.
  1. Marital status of the employee (unmarried/ married/ widow /widower )
  1. Name and address in full of the employer.
  1. Department/Branch/Section where the employee was employed [if known].
  2. Post held by the employee with Ticket or Serial No., if any [if known].
  • 8.     Date of appointment of the employee [if known].
  • Date and cause of termination of service of the employee. [superannuation/retirement/resignation/disablement/death ]
  • Total period of service by the employee.
  1. Wages last drawn by the employee.
  1. If the employee is dead, date and cause thereof.
  1. Evidence/witness in support of death of the employee.
  1. If a nominee, No. and date of recording of nomination with the employer.
  1. Evidence/witness in support of being a legal heir, if a legal heir.
  2. Total gratuity payable to the employee

[if known]

.

  1. Percentage of gratuity payable to the applicant as a nominee/legal heir.
  1. 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 applicationunder 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 authorized 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 dayfixed 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/defense.

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.

  • The summons shall be issued in duplicate. The duplicate is to be signed and returned by the person served before the date fixed.
  • 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.
  • Date of the Application.
  • Name and address of the applicant.
  • Name and address of the employer.
  • Amount of gratuity claimed.
  • Dates of hearing.
  • Findings with date.
  • Amount awarded.
  • Cost, if any, awarded.
  1. Date of notice issued for payment of gratuity.
  1. Date of appeal, if any.
  1. Decision of the appellate authority.
  1. Date of issue of Final Notice for payment of gratuity.
  1. Date of payment of Gratuity by Employer with mode of payment.
  1. Date of Receipt of application for recovery of Gratuity.
  1. Date of Issue of Recovery Certificate.
  1. Date of Recovery.
  1. Other remarks.
  1. Signed.
  • 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

  • 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.

  1. Ins. G.S.R. 2868, dated 22nd November, 1975.

3. Definitions

4. Nomination

5. Application for gratuity

6. Payment of gratuity

7. Forfeiture of gratuity

8. Notice of opening, change or closure of the establishment

9. Application to controlling authority for direction,-If an employer-

refuses to accept a nomination or to entertain an application for payment of gratuity

10. Appeal

11. Machinery for enforcement of the Act or Rules in Central spheres

12. Powers or the controlling authority

13. Recovery or gratuity

14. Protection or gratuity

15. Penalties for offences

16. Display or notice

17. Display or abstract or the Act and Rules

Leave a Reply

Your email address will not be published. Required fields are marked *