Sections Particulars
1 Short title, extent, application and commencement
(1) This Act may be called the Payment of Gratuity Act, 1972.(2) It extends to the whole of India:that in so far as it relates to plantations or ports, it sha...
2 Definitions
In this Act, unless the context otherwise requires,-(a) "appropriate Government" means,-(i) in relation to an establishment-(a) belonging to, or under the con...
3 Controlling authority
The appropriate Government may, by notification, appoint any officer to be a controlling authority, who shall be responsible for the administration of this A...
4 Payment of gratuity
(1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years,-(a) o...
5 Power to exempt
The appropriate Government may, by notification, and subject to such conditions as may be specified in the notification, exempt any establishment, factory, mi...
6 Nomination
(1) Each employee, who has completed one year of service, shall make, within such time, in such form and in such manner, as may be prescribed, nomination for...
7 Determination of the amount of gratuity
(1) A person who is eligible for payment of gratuity under this Act or any person authorized, in writing, to act on his behalf shall send a written applicati...
8 Recovery of gratuity
If the amount of gratuity payable under this Act is not paid by the employer, within the prescribed time, to the person entitled thereto, the controlling aut...
9 Penalties
(1) Whoever, for the purpose of avoiding any payment to be made by himself under this Act or enabling any other person to avoid such payment, knowingly makes...
10 Exemption of employer from liability in certain cases
Where an employer is charged with an offence punishable under this Act, he shall be entitled, upon complaint duly made by him and on giving to the complainan...
11 Cognizance of offences
(1) No court shall take cognizance of any offence punishable under this Act save on a complaint made by or under the authority of the appropriate Government ...
12 Protection of action taken in good faith
No suit or other legal proceeding shall lie against the controlling authority or any other person in respect of anything which is in good faith done or inten...
13 Protection of gratuity
No gratuity payable under this Act shall be liable to attachment in execution of any decree or order of any civil, revenue or criminal court....
14 Act to override other enactments, etc
The provisions of this Act or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other tha...
15 Power to make rules
(1) The appropriate Government may, by notification, make rules for the purpose of carrying out the provisions of this Act.(2) Every rule made by the Central ...
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