Important Notifications Brought into Force Notification No. S.O. 601 (E), dated New Delhi, the 16th September, 19721 In exercise of the powers conferred by sub-section (4) of Section 1 of the Payment of Gratuity Act, 1972 (39) of 1972, the Central Government hereby appoints the 16th September, 1972, as the date on which the said shall come into force. Notifications under section 1(3)(c) Applied to Motor Transport undertakings employing 10 persons Notification No. G.S.R. 415, dated New Delhi, the 8th April, 19742 In exercise of the powers conferred by clause (c) of sub-section (3) of section 1 of the Payment of Gratuity Act, 1972 (39 of 1972), the Central Government hereby specifies motor transport undertakings, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months, as a class of establishments to which the said Act shall apply with effect from the date of publication of this notification in the Official Gazette.
Explanation.– For the for purpose of this notification “motor transport undertaking” shall have the same meaning as is assigned to it in clause (g) of the section 2 of the the Motor Transport Workers’ Act, 1961 (27 of 1961). Applied to Clubs Notification No. G.S.R. 1255, dated New Delhi, the 17th September, 19793 In exercise of the powers conferred by clause (c) of the sub-section (3) of section 1 of the Payment of Gratuity Act, 1972 (39 of 1972), the Central Government hereby specifies clubs in which ten or more persons are employed, or were employed, on any day of the preceding twelve months, as a class of establishments to which the said Act shall apply with effect from the date of publication of this notification in the Official Gazette. Applicability of the Act to “local bodies” Notification No. S.O. 239, dated 8th January, 19824 In exercise of the powers conferred by clause (c) of the sub-section (3) of section 1 of the Payment of Gratuity Act, 1972 (39 of 1972), the Central Government hereby specifies “local bodies” in which ten or more persons are employed, or were employed, on any day of the preceding twelve months, as a class of establishments to which the said Act shall apply with effect from the date of publication of this notification in the Official Gazette. Solicitors’ offices brought within purview of the Act Notification No. S.O. 111, dated 28th December, 19825 In exercise of the powers conferred by clause (c) of the sub-section (3) of section 1 of the Payment of Gratuity Act, 1972 (39 of 1972), the Central Government hereby specifies “solicitors’ offices” in which ten or more persons are employed, or were employed, on any 1 1 Gazette of India Extry., 16.09.1972, Part II, secretary. 3(ii), Page 1641. 2 Gazette of India dated 20.04.1974, Part II, secretary. 3(i), Page 930. 3 Gazette of India dated 106.10.1979, Part II, Sec. 3(i), Page 2354. 4 Gazette of India dated 23.01.1982, Part II, Sec. 3(i), Page 351. 5 Gazette of India dated 09.10.1982, Part II, Sec. 3(ii), Page 120. THE PAYMENT OF GRATUITY ACT, 1972 day of the preceding twelve months, as a class of establishments to which the said Act shall apply with effect from the date of publication of this notification in the Official Gazette. Applicability of the Act to trust or societies registered under the Societies Registration Act, 1860 Notification No. S.O. 2218, dated 20th August, 19971 In exercise of the powers conferred by clause (c) of sub-section (3) of section 1 of the Payment of Gratuity Act, 1972 (39 of 1972), the Central Government hereby specifies the trusts or societies, registered under the Societies Registration Act, 1986 (21 of 1860), or under any other law with respect to societies for the time being in force in any State, in which ten or more persons are employed or were employed for wages on any day of the preceding 12 months as a class of establishments to which the said Act shall apply with effect from the date of publication of this notification in the Official Gazette. Applicability of Act to Educational Institutions Notification F. No. S-42013/1/95-SS-II, dated 3rd April, 1997 In exercise of the powers conferred by clause (c) of sub-section (3) of section 1 of the Payment of Gratuity Act, 1972 (39 of 1972), the Central Government hereby specifies the educational institutions in which ten or more persons are employed, or were employed, on any day of the preceding 12 months, as a class of establishments to which the said act shall apply with effect from the date of publication of this notification:
Provided that nothing contained in this notification shall affect the operation of the Notification of the Ministry of Labour, No. S.O. 239, dated 8th January, 1982. Applicability of the Act to the Chambers of Commerce and Industry Notification number G.S.R. 3203, New Delhi dated 30th October, 19802 In exercise of powers conferred by clause (c) of the sub-section (3) of section 1 of the Payment of Gratuity Act, 1972 (39 of 1972), the Central Government hereby specifies Chambers of Commerce and Industry and Associated/Federation of Chambers of Commerce and Industry in which ten ore more persons are employed, or were employed, on any day of the preceding twelve months, as a class of establishments to which the said Act shall apply with effect from the date of publication of this notification in the Official Gazette. Applicability of the Act to Inland Water Transport Establishments Notification number G.S.R. 133, New Delhi, dated 24th December, 19803 In exercise of the powers conferred by clause (c) of sub-section (3) of section 1 of the Payment of Gratuity Act, 1972 (39 of 1972), the Central Government hereby specifies all inland, water transport establishment in which ten or more persons are employed, or were employed, on day of the preceding twelve months, as a class of establishments to which the said Act shall apply with effect from the date of publication of this notification in the Official Gazette. 2 Important Notifications 1 Gazette of India dated 06.09.1997, Part II, Sec. 3(ii), Page 4292. 2 Gazette of India dated Part II, Sec. 3(ii), dated 15.11.1980. 3 Gazette of India dated Part II, Sec. 3(ii), dated 10.01.1980. Notification under section 7(3-A) Rate of Interest specified Notification No. S.O. 874(E), dated 1st October, 19871 In exercise of the powers conferred by sub-section (3-A) of section 7 of the Payment of Gratuity Act, 1972 (39 of 1972), the Central Government hereby specifies ten per cent. per annum as the rate of simple interest payable for the time being by the employer to his employee in cases where the gratuity is not paid within the specified period. This notification shall come into force on the date of its publication in the Official Gazette. Notification under section 8 Rate of interest specified Notification No. S.O. 1032 (E), dated 1st December, 19872 In exercise of the powers conferred by section 8 of the Payment of Gratuity Act, 1972 (39 of 1972), the Central Government hereby specifies 15 per cent. per annum as the rate of compound interest, recoverable by the Collector for the time being, along with the amount of gratuity and payable to the person entitled thereto. This notification shall come into force on the date of its publication in the Official Gazette. Notification No. PGA. 1092/(2052)/Lab.–4, dated May 27, 1997 In exercise of the powers conferred by Sub-section (7) of Section 7 of the Payment of Gratuity Act, 1972 (39 of 1972) (hereinafter referred to as the “said Act”) and in supersession of all previous notifications, orders or instruments issued in this behalf, and are in force in any part of the State, the Government of Maharashtra, being the appropriate Government, hereby specifies the Officers mentioned in Column 2 of the Schedule here to be the other Appellate authorities for the purpose of the said Sub-section (7) of the areas respectively specified against each of them in Column 3 of that Schedule. Sl. No.
(1) Authorities
(2) Areas
(3)
1. The Deputy Commissioner of Labour, Mumbai Mumbai and Mumbai Suburban Districts, Raigad, Ratnagiri and Sindhudurg Districts.
2. The Deputy Commissioner of Labour, Pune Pune, Satara, Sangli, Kolhapur and Sholapur Districts.
3. The Deputy Commissioner of Labour, Thane Thane District.
4. The Deputy Commissioner of Labour, Nashik Nashik, Jalgaon, Dhule and Ahmednagar Districts.
5. The Deputy Commissioner of Labour, Aurangabad 3[Aurangabad, Nanded, Jalna, Beed, Parbhani, Usmanabad, Latur and Hingoli Districts]
6. The Deputy Commissioner of Labour, Nagpur 3[Nagpur, Chandrapur, Gadchiroli, Bhandara, Wardha, Amravoti, Akola, Yeotmal, Buldhana, Washim and Gondia Districts] 3 Important Notifications 1 Gazette of India, Extry. No. 493, dated 01.10.1987, Part II, Sec. 3(ii). 2 Gazette of India, Extry. No. 603, dated 01.12.1987, Part II, Sec. 3(ii). 3 Subs. by G.N. No. P.G.A. 102003/ (1151) /Lab-4, dt. 28.1.2004 (M.G.G. Pt. I.L.P.160)
Provided that the case pending before the existing Appellate Authorities shall be heard and disposed of by Appellate Authorities before whom they are pending and in respect of any such case an outgoing Officer before whom it is pending shall continue to be the authority within the meaning of Section 7(7) of the said Act, till all such cases are disposed of. Notification No. S.O. 362, Dated 4-1-2006 [Gazette of India, Part II, Section 3(ii) Page 874 In exercise of the powers conferred by sub-section (7) of Section 7 of the Payment of Gratuity Act, 1972 (39 of 1972) and in supersession of the notification of the Government of India, in the Ministry of Labour No. S.O. No. 1252 dated April 12, 1999, the Central Government hereby specifies the officers mentioned in the coloumn (2) of the Schedule specified hereunder to be Appellate Authority for the area/jurisdiction as specified in column (3) of the said schedule in relation to all the establishments for which the Central Government is the appropriate Government under clause (a) of Section 2 of the said Act.
SCHEDULE Sl. No. Officers Jurisdiction
(1) (2) (3)
1. Regional Labour Commissioner (Central), Ahmedabad. The State of Gujarat, Union Territories of Dadra, Nagar Haveli, Daman and Diu.
2. Regional Labour Commissioner (Central), Ajmer. The State of Rajasthan.
3. Regional Labour Commissioner (Central), Asansol. The Districts of Burdwan, Birbhum, Bankura and Purulia in the State of West Bengal.
4. Regional Labour Commissioner (Central), Bangalore The State of Karnataka.
5. Regional Labour Commissioner (Central), Bhubaneswar The State of Orissa.
6. Regional Labour Commissioner (Central), Mumbai
(i) The State of Maharashtra excluding the following Districts:– Nagpur, Bhandara, Akola, Amravati, Wardha Buldhana, Jalgaon, Chandrapur, Gadchiroli, Nanded, Parbhani, Yeotmal, Osmanabad, Latur, Wasim, Hingoli and Bid.
(ii) State of Goa.
7. Regional Labour Commissioner (Central), Kolkatta.
(i) The State of West Bengal (excluding the Civil Districts of Burdwan, Birbhum, Bankura and Purulia), Sikkim and the Union Territories of Andaman and Nicobar Islands.
8. Regional Labour Commissioner (Central), Cochin.
(i) The State of Kerala.
(ii) The Union Territory of Lakshdweep.
(iii) Mahe in the Union Territory of Pondicherry. 4 Important Notifications Sl. No. Officers Jurisdiction
(1) (2) (3)
9. Regional Labour Commissioner (Central), Chandigarh.
(i) The State of Himachal Pradesh
(ii) The State of Haryana
(iii) The State of Punjab
(iv) The State of Jammu and Kashmir
(v) The Union Territory of Chandigarh
10. Regional Labour Commissioner (Central), Dhanbad. The following Districts of the State of Jharkhand:– Dhanbad, Bokaro, Hazaribagh, Kodarma, Ranchi, Lohardaga, Gumla, Simdega, Chatra, East Singhbhum, West Singhbhum, Giridih, Deoghar, Sarai Keala (Kharsanwa) and Jamtara.
11. Regional Labour Commissioner (Central), Guwahati The State of Assam, Nagaland, Meghalaya, Tripura, Manipur, Arunachal Pradesh and Mizoram.
12. Regional Labour Commissioner (Central), Hyderabad The State of Andhra Pradesh and the (Central) Area of Yanam in the Union Territory of Pondicherry.
13. Regional Labour Commissioner (Central), Jabalpur The State of Madhya Pradesh.
14. Regional Labour Commissioner (Central), Kanpur The State of Uttar Pradesh excluding the Districts of Saharanpur, Bijnore, Meerut, Ghaziabad, Bulandshahar, Muzaffarnagar, Bareilly, Moradabad, Pilibhit, Shahjahanpur, Badaun Rampur, Bagpat and Gautam Budh Nagar.
15. Regional Labour Commissioner (Central), Dehradun The State of Uttaranchal and Districts of Saharanpur, Bijnore, Meerut, Ghaziabad, Bulandshahar, Muzaffarnagar, Bareilly, Moradabad, Pilibhit, Shahjahanpur, Badaun, Rampur, Bagpat and Gautam Budh Nagar of the State of Uttar Pradesh.
16. Regional Labour Commissioner (Central). Chennai The State of Tamil Nadu and Union Territory of Pondicherry (except Yanam and Mahe).
17. Regional Labour Commissioner (Central), Nagpur
(i) The following Districts of the State of Maharashtra:– Nagpur, Bhandara, Akola, Amravati, Wardha, Buldhana, Jalgaon, Chandrapur, Gadchiroli, Nanded, Parbhani, Yeotmal, Osmanabad, Latur, Bid, Hingoli and Wasim.
18. Regional Labour Commissioner (Central), New Delhi National Capital Territory of Delhi.
19. Regional Labour Commissioner (Central), Patna The State of Bihar and the Districts Garwaha, Palamu, Latehar, Dumka, Godda, Sahibganj and Pakur in the State of Jharkhand.
20. Regional Labour Commissioner (Central), Raipur The State of Chattisgarh. 5 Important Notifications Sl. No. Officers Jurisdiction
(1) (2) (3)
21. Dy. Chief Labour Commissioners (Central), Regional Labour Commissioners (Central), Headquarter, Office of Chief Labour Commissioner (Central), New Delhi Whole of India.
22. All other Deputy Chief Labour Commissioners (Central) Whole of India. Notification No. S.O. 363, Dated 4-1-2006 [Gazette of India, Part II, Section 3(ii) Page 876. In exercise of the powers conferred by Section 3 of the Payment of Gratuity Act, 1972 (39 of 1972) and in supersession of the Notification of the Government of India, in the Ministry of Labour No. S.O. No. 903 dated March 17, 1999, Central Government hereby appoints the officers mentioned in column (2) of the Schedule specified hereunder to be the Controlling Authorities for the area/jurisdiction as specified in column (3) of the said Schedule in relation to all establishments for which the Central Government is the appropriate Government under clause (a) of Section 2 of the said Act.
SCHEDULE Sl. No. Officers Jurisdiction
(1) (2) (3)
1. Regional Labour Commissioner (Central), Jaipur, and All Assistant Labour Commissioners (Central) in Ajmer Regions. State of Rajasthan
2. All Assistant Labour Commissioners (Central) in Asansol Region The Districts of Burdwan, Birbhum, Bankura and Purulia in the State of West Bengal.
3. All Assistant Labour Commissioners (Central) Ahmedabad Regions. The State of Gujarat, Union Territories of Dadra, Nagar Haveli, Daman and Diu.
4. Regional Labour Commissioner (Central) Bellary, and all Assistant Labour Commissioners (Central) in Bangalore Regions The State of Karnataka.
5. Regional Labour Commimissioner (Central) Rourkela, All Assistant Labour Commissioners (Central) in Bhubaneshwar Regions. The State of Orissa. 6 Important Notifications Sl. No. Officers Jurisdiction
(1) (2) (3)
6. Regional Labour Commimissioner (Central) Pune and All Assistant Labour Commissioners (Central) in Mumbai Regions.
(i) The State of Maharashtra excluding the following Districts: - Nagpur, Bhandara, Akola, Amravati, Wardha, Buldhana, Jalgaon, Chandrapur, Gadchiroli, Nanded, Parbhani, Yeotmal, Osmanabad, Latur, Wasim, Hingoli and Bid.
(ii) State of Goa.
7. All Assistant Labour Commissioners (Central) in Nagpur Region The following Districts of the State of Maharashtra: – Nagpur, Bhandara, Akola, Amravati, Wardha, Buldhana, Jalgaon, Chandrapur, Gadchiroli, eanded, Parbhani, Yeotmal, Osmanabad, Wasim, Latur, Bid, and Hingoli.
8. All Assistant Labour Commissioners (Central) in Kolkatta Region
(i) The State of West Bengal (excluding the Civil Districts of Burdwan, Birbhum, Bankura and Purulia), Sikkim and the Union Territories of Andaman and Nicobar Islands.
9. All Assistant Labour Commissioners (Central) in Cochin Region
(i) The State of Kerala.
(ii) The Union Territory of Lakshadweep.
(iii) Mahe in the Union Territory of Pondicherry.
10. Regional Labour Commissioner (Central) Jammu All Assistant Labour Commissioners (Central) in Chandigarh Region.
(i) The State of Himachal Pradesh.
(ii) The State of Haryana.
(iii) The State of Punjab.
(iv) The State of Jammu and Kashmir.
(v) The Union Territory of Chandigarh.
11. Regional Labour Commissioner (Central) Ranchi and All Assistant Labour Commissioners (Central) in Dhanbad Region. The following Districts of State of Jharkhand:– Dhanbad, Hazaribagh, Ranchi, Gumla, Kodarma, Lohardaga, Chatra, Simdega, Bokaro, East Singhbhum, West Singhbhum, Giridih. Deoghar, Sarai Keala (Kharsanwa) and Jamtara.
12. All Assistant Labour Commissioners (Central) in Guwahati Region. The State of Assam, Nagaland, Meghalaya, Tripura, Manipur, Arunachal Pradesh and Mizoram.
13. All Assistant Labour Commissioners (Central) in Hyderabad Region. The State of Andhra Pradesh and the (Central) Area of Yanam in the Union Territory of Pondicherry.
14. Regional Labour Commissioner (Central), Bhopal and All Assistant Labour Commissioners (Central) in Jabalpur Region. The State of Madhya Pradesh. 7 Important Notifications Sl. No. Officers Jurisdiction
(1) (2) (3)
15. All Assistant Labour Commissioners (Central) in Raipur Region. The State of Chattisgarh.
16. Regional Labour Commissioner (Central) Lucknow and All Assistant Labour Commissioners (Central) in Kanpur Region. The State of Uttar Pradesh excluding the Districts of Saharanpur, Bijnore, Meerut, Ghaziabad, Bulandshahar, Muzaffarnagar, Bareilly, Moradabad, Pilibhit, Shahjahanpur, Badaun, Rampur, Bagpat and Gautam Budh Nagar.
17. All Assistant Labour Commissioners (Central) in Chennai Region. The State of Tamil Nadu and Union Territory of Pondicherry (except Yanam and Mahe).
18. All Assistant Labour Commissioners (Central), New Delhi National Capital Territory of Delhi.
19. All Assistant Labour Commissioners (Central), Patna Region. The State of Bihar and the Districts Garwaha, Palamu, Latehar, Dumka, Godda, Sahibganj and Pakur in the State of Jharkhand.
20. All Assistant Labour Commissioners (Central), Dehradun Region. State of Uttaranchal and Civil Districts of Saharanpur, Bijnore, Meerut, Ghaziabad, Bulandshahar, Muzaffarnagar, Bareilly, Moradabad, Pilibhit, Shahjahanpur, Badaun, Rampur, Bagpat and Gautam Budh Nagar of the State of Uttar Pradesh.
21. All Assistant Labour Conimissioners (Central) Headquarter, Office of Chief Labour Conimissioner (Central), New Delhi. Whole of India. MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 31st December, 2009/Pausa 10, 1931 (Saka) The following Act of Parliament received the assent of the President on the 31st December, 2009 and is hereby published for general information:– THE PAYMENT OF GRATUITY (AMENDMENT) ACT, 2009 (No. 47 of 2009) [31st December, 2009] An Act further to amend the Payment of Gratuity Act, 1972. Be it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:–
1. Short title and commencement
(1) This Act may be called the Payment of Gratuity (Amendment) Act, 2009. 8 Important Notifications
(2) It shall be deemed to have come into force on the 3rd day of April, 1997.
2. Amendment of Section 2 In the Payment of Gratuity Act, 1972 (hereinafter referred to as the principal Act), in section 2 for clause (e), the following clause shall be substituted, namely:–
(e) “employee” 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 Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity;’.
3. Insertion of new section 13A After section 13 of the principal Act, the following section shall be inserted, namely:– “13A. Notwithstanding anything contained in any judgment, decree or order of any court, for the period commencing on and from the 3rd day of April, 1997 and ending on the day on which the Payment of Gratuity (Amendment) Act, 2009, receives the assent of the President, the gratuity shall be payable to an employee in pursuance of the notification of the Government of India in the Ministry of Labour and Employment vide number S.O. 1080, dated the 3rd day of April, 1997 and the said notification shall be valid and shall be deemed always to have been valid as if the Payment of Gratuity (Amendment) Act, 2009 had been in force at all material times and the gratuity shall be payable accordingly:
Provided that nothing contained in this section shall extend, or be construed to extend, to affect any person with any punishment or penalty whatsoever by reason of the non payment by him of the gratuity during the period specified in this section which shall become due in pursuance of the said notification.” ------------------ MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 18th May, 2010/Vaisakha 28, 1932 (Saka) The following Act of Parliament received the assent of the President on the 17th May, 2010, and is hereby published for general information:– THE PAYMENT OF GRATUITY (AMENDMENT) ACT, 2010 (No. 15 of 2010) [17th May, 2010] An Act further to amend the Payment of Gratuity Act, 1972, Be it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:–
1. Short title and commencement 9 Important Notifications
(1) This Act may be called the Payment of Gratuity (Amendment) Act, 2010.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Amendment of section 4 of Act 39 of 1972 In section 4 of the Payment of Gratuity Act, 1972, in sub-section (3), for the words “three lakhs and fifty thousand rupees”, the words “ten lakh rupees” shall be substituted. ------------------ Notification No. S.O. 1217 (E), dated 24-5-2010 In exercise of the powers conferred by sub-section (2) of Section 1 of The Payment of Gratuity (Amendment) Act, 2010 (15 of 2010), the Central Government hereby appoints the 24th day of May, 2010, as the date on which the said Act shall come into force. ------------------ INDUSTRIES, ENERGY AND LABOUR DEPARTMENT Mantralaya, Mumbai 400 032, dated the 19th November, 2011 NOTIFICATION No. PGA.06/1662/Lab-4. Payment of Gratuity Act, 1972 In exercise of the powers conferred upon it by sub-section (7) of section.7 of the Payment of Gratuity Act, 1972 (39 of 1972), in its application to the State of Maharashtra and in supersession of all previous notifications, orders or instruments issued in this behalf and are in force in any part of the State, the Government of Maharashtra being the appropriate Government, hereby specifies the Industrial Courts, constituted under section 10 of the Bombay Industrial Relations Act, 1946 (Bom. XI of 1947), mentioned in column (2) of the Schedule appended hereto to be the Appellate Authorities for the purpose of said sub-section (7) of section 7 for the areas, respectively specified against each of them in column (3) of the Schedule :–
SCHEDULE Sr. No
(1) Industrial Courts
(2) Areas
(3) 1 Mumbai Mumbai and Mumbai Suburban District 2 Nagpur Nagpur and Wardha District 3 Pune Pune District 4 Thane Thane and Raigad District 5 Kolhapur Kolhpur, Ratnagiri and Sindhudurg District 6 Nashik Nashik District 7 Aurangabad Aurangabad and Beed District 8 Amravati Amravati District 10 Important Notifications
(1) (2) (3) 9 Ahmednagar Ahmednagar District 10 Solapur Solapur District 11 Jalna Jalna, Nanded, Parbhani and Hingoli District 12 Akola Akola, Buldhana and Washim District 13 Yeotmal Yeotmal District 14 Satara Satara District 15 Jalgaon Jalgaon District 16 Chandrapur Chandrapur and Gadchiroli District 17 Bhandara Bhandara 1[and Gondia] District 18 Latur Latur and Osmanabad District 19 Dhule Dhule and Nandurbar District 20 Sangli Sangli District
Provided that the cases pending before the existing appellate Authorities shall be heard and disposed of by appellate authorities before whom they, are pending and in respect of any such case an outgoing officer before whom it is pending shall continue to be the authority within the meaning of section 7(7) of the said Act, till all such cases are disposed of. ------------- 11 Important Notifications 1 Amended by Corrigendum No. PGA-06/1662/Lab-4, dated 11th March, 2013.