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PAYMENT OF GRATUITY ACT

1972

  View / Print Complete Act
Apprentices Act , 1961 Apprenticeship Rules , 1992 Boilers Act , 1923 Building Contruction Workers Act , 1996 Building Contruction Workers Cess Act , 1996 Building Contruction Workers Cess Rules , 1998 Child Labour Act , 1986 Code on Wages Act , 2019 Contract Labour Act , 1970 Dangerous Machines Act , 1983 Dangerous Machines Rules , 1984 EDLIS Scheme , 1976 Employees Compensation Act , 1923 Employees Pension Scheme , 1995 Employees Provident Fund Scheme , 1952 Employers Liability Act , 1938 Employment Exchanges Act , 1959 Employment Exchanges Rules , 1960 Equal Remuneration Act , 1976 Equal Remuneration Rules , 1976 ESI (Central) Rules , 1950 ESI (General Provident Fund) Rules , 1950 ESI (General) Regulations , 1950 ESI Act , 1948 Exemptions From Registers and Returns Act , 1988 Factories Act , 1948 Fatal Accidents Act , 1855 Gratuity Act , 1972 ID (Banking and Insurance Companies) Act , 1949 Industrial Disputes Act , 1947 Industrial Relations Code , 2020 Industrial Relations Code , 2020 Inter-State Migrant Workmen Act , 1979 Manipur Minimum Wage Rules , 1961 Maternity Benefit Act , 1961 Mines Act , 1952 Minimum Wages Act , 1948 Motor Transport Workers Act , 1961 Occupational Safety and Working Conditions Code , 2020 Payment of Bonus (Amendment) Act , 1995 Payment of Bonus Act , 1965 Payment of Bonus Rules , 1975 Payment of Wages (Air Transport Services) Rules , 1968 Payment of Wages Act , 1936 Payment of Wages Nomination Rules , 2009 Payment of Wages Recovery Rules , 1966 PF Act , 1952 Plantations Labour Act , 1951 Prevention of Food Adulteration Rules , 1955 Prevention of Sexual Harassment Act , 2013 Prevention of Sexual Harassment of Women Rules , 2013 PSARA , 2005 PSARA Rules , 2020 Sales Promotion Employees Act , 1976 Sales Promotion Employees Rules , 1976 Social Security Code , 2020 Standing Orders Act , 1946 Trade Unions Act , 1926 Transgender Persons Act , 2019 Unorganised Workers Social Security Act , 2008 Unorganised Workers Social Security Rules , 2009 Weekly Holidays Act , 1942 Working Journalists Act , 1955 Working Journalists Rates of Wages Act , 1958 Working Journalists Rules , 1957
Related Legislation: - Andhra Pradesh Compulsary Gratuity Insurance Rules , 2011 - Andhra Pradesh Payment of Gratuity Rules , 1972 - Payment of Gratuity (Bihar) Rules, 1972 , 1972 - Payment of Gratuity (Central) Rules , 1972 - The Goa Payment of Gratuity Rules, 1973 , 1973 - Payment of Gratuity (Gujarat) Rules , 1973 - The Haryana Payment of Gratuity Rules , 1972 - Payment of Gratuity Himachal Pradesh Rules , 1972 - Jammu and Kashmir Payment of Gratuity Rules , 1973 - JHARKHAND PAYMENT OF GRATUITY RULES , 2001 - Payment of Gratuity (Karnataka) Rules , 1973 - The Kerala Payment of Gratuity Rules , 1973 - Payment of Gratuity (Maharashtra) Rules , 1972 - The Payment of Gratuity (Central) Rules , 1972 - The Delhi Payment of Gratuity Rules , 1973 - The Orissa Payment of Gratuity Rules , 1974 - The Punjab Payment of Gratuity Rules , 1973 - Rajasthan Payment of Gratuity Rules , 1973 - Telangana Payment of Gratuity Rules , 1972 - Tamil Nadu Payment of Gratuity Rules , 1973 - U.P. Payment of Gratuity Rules , 1975 - The West Bengal Payment of Gratuity Rules , 1973

Definitions

Section Term Definition
2A Appropriate Government (i) in relation to an establishment--

(a) belonging to, or under the control of, the Central Government,

(b) having branched 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,

(iii) in any other case, the State Government
2B Completed year of servicep Continuous service for one year
2C Continuous service Continuous service as defined in Section 2-A
2D Controlling authority An authority appointed by the appropriate Government under Section 3
2E Employee Any person (other than an apprentice) employed on
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 or 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.
2F Employer In relation to any establishment, factory, mine, oilfield, plantation, port, railway company or shop-

(i) belonging to, or under the control of the Central Government or a State Government, a person or authority appointed by the appropriate Government for the supervision and control of employees, or where no person or authority has been so appointed, the head of the Ministry or the Department concerned,

(ii) belonging to, or under the control of, any local authority, the person appointed by such authority for the supervisions and control of employees or where no person has been so appointed, the chief executive officer of the local authority

(iii) in any other case, the person, who, or the authority which, has the ultimate control over the affairs of the establishment, factory, mine, oilfield, plantation, port, railway company or shop, and where the said affairs are entrusted to any other name, such person
2G Factory The meaning assigned to it in clause (m) of Section 2 of the Factories Act, 1948 (63 of 1948)
2H 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 dependent parents and the dependent parents of his wife 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 dependent parents and the dependent parents of her husband and the widow and children of her predeceased son, if any

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
2I Major portr The meaning assigned to it in clause (8) of Section 3 of the Indian Ports Act, 1908 (15 of 1908)
2J Mine The meaning assigned to it in clause (j) of sub-section (1) of Section 2 of the Mines Act, 1952 (35 of 1952)
2K Notification A notification published in the Official Gazette
2L Oilfield The meaning assigned to it in clause (e) of Section 3 of the Oilfields (Regulation and Development) Act, 1948 (53 of 1948)
2M Plantationr The meaning assigned to it in clause (f) of Section 2 of the Plantations Labour Act, 1951 (69 of 1951)
2N Port The meaning assigned to it in clause (4) of Section 3 of the Indian Ports Act, 1908 (15 of 1908)
2O Prescribedr Prescribed by rules made under this Act
2P Railway company The meaning assigned to it in clause (5) of Section 3 of the Indian Railways Act, 1890 (9 of 1890)
2Q Retirementr Termination of the service of an employee otherwise than on superannuation
2R Superannuation In relation to an employee, means the attainment by the employee of such age as is fixed in the contract or conditions of service s the age on the attainment of which the employee shall vacate the employment
2S Wages All emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment and which are paid or are payable to him in cash and includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages and any other allowance.