Waiting for the Gratuity Amendment Gazette: When Will It Be Published?

The Gratuity Amendment Bill 2010 has been passed in both the Houses of Parliament on 3rd and 5th May 2010. When will the Gazette Notification be available? I am on the verge of retirement, and as such, I am eagerly waiting for the Notification.

Thanks,
Ashoke Dhole

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. (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. Short title and commencement

2. 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. Amendment of section 4 of Act 39 of 1972.

Unquote V.K.BHASIN, Secy. To the Govt. of India

Regards

Gazette notification is okay, but the date of effect will be shown in the notification issued by the ministry. Can anyone post the copy of the notification containing the date of effect?

Email: arun.a@sbi.co.in

Date of effect is 24-05-2010 as per notification.

Central government has issued a notification on 24-05-2010, and as per that notification, the date of effect is also 24-05-2010. A copy of the notification is enclosed for information.

Central government issued a notification on May 24, 2010. As per the notification, the date of effect is May 24, 2010, and not January 1, 2006, as per the Central Government Employees.

Please read the gazette copy, which clearly mentions that the amendment is effective from the date of publication, i.e., 24th May 2010.

Ulhas Chandratre
Senior HR Generalist, Pune

Thank you, Mr. Sharma. I would like to know where Central Government notifications can be collected. Please email me regarding the subject at my email address [Login to view].

Regards,
Puneet Gupta
+9198720-46812

Amendment to the Act: Impact on Retirees

The amendment to the act is of no use to already retired employees who were waiting for a long time for good news. The Government of India has disappointed all of them in one stroke. For new retirees, they have to wait until their retirement. In fact, the enhancement has not benefited those who are not getting more than 3.50 lakhs.

Representations made to the Labour Minister and assurances given by the Minister have gone with the wind.

Why is there discrimination between Central Government employees and other public/private sector employees regarding the date of effect? Can it be challenged in the Honorable Court?

The enhancement of the gratuity limit will definitely benefit employees receiving a higher salary. It is a fact that the salary of the majority of employees working in private organizations is not sufficient and generally varies from Rs. 15,000 to Rs. 30,000. In such cases, the enhancement of the gratuity amount from 3.5L to 10L is not going to benefit the majority of employees. In order to achieve Rs. 10L in gratuity, the salary of an employee should be around Rs. 50,000.

In view of the above, my appeal to the Ministry of Labour & Employment as well as to Trade Unions is to put efforts into restructuring/amending the method of gratuity calculation. The gratuity should be paid based on at least 30 days per completed year of service instead of the current 15 days per completed year of service, as per the prevailing Gratuity Payment Act of 1972. This change would ensure that even if the salary is lower, the majority of employees will benefit after serving the organization for a long period.

The President of India has given consent to the Payment of Gratuity (Amendment) Act 2010, which has been notified in the Gazette of India, Extraordinary Gazette No. 20 of 18th May 2010, No. 20 Part II Section I. Furthermore, the date of effect shall be 24th May 2010 as notified via Gazette Notification (Extraordinary) No. 1007 Part II Section 3 dated 24th May 2010. I am attaching both the copies herewith for your information and record.

Warm regards to all of you,

Arun Aggarwal

Gratuity Act Amendment Notification

Happy to note the notification of the Gratuity Act amendment increasing the exempt limit from Rs. 3.5 L to Rs. 10 L, which is a very welcome change, mainly for private sector employees. However, it is informed that the benefit of this would be available to employees only if the same is amended under the Income Tax Act. Until such time, employees cannot avail of this benefit. Can anyone clarify the correct legal position?

Dear,

You can seek assistance from any Central Government office for obtaining a printed copy of the Gazette notification.

Regards,
R. N. KHOLA

Not only did the central government and Government Undertakings employees receive the benefit of the new gratuity ceiling, i.e., Rs. 10 lakhs with effect from 01/01/2006, but the Reserve Bank of India employees also received this benefit from the same date, i.e., 01/01/2006. Why will the employees of the Nationalised Banks, which have the status of Government Undertakings, not receive the benefit of the enhanced gratuity with effect from 01/01/2006?

Enhanced Gratuity Limit for PSU Employees

Accepting the 2nd PRC of PSU employees, the DPE has increased the limit of Gratuity to Rs. 10 lakhs with effect from 1.1.2007. The Central Government, via its notification dated 24th May 2010, has specified the date of effect of the enhanced ceiling of Gratuity of Rs. 10 lakhs as 24th May 2010. Will the Central Government reconsider the matter and issue the necessary amendment regarding the effective date of the enhanced ceiling of Gratuity to benefit a large number of retired employees from 1.1.2007 onwards?

I am Boga Rajaiah. I want to read the Gazette Publication but nowhere I am getting it. Only comments/inputs are taking place as postings. The postings are available for reading. Hence, kindly provide a copy of the amendment notification for downloading at the earliest or let me know how to obtain it.

Dear Member, This thread relates to The Payment of Gratuity Act, 1972, and therefore, it is advised to post your query on a similar thread or a separate thread. Members have already provided this amendment notification on this site. You can download and search under the heading 'Amendment in ID Act, 1947,' and you will get the same.

With Regards,
R.N. Khola

I want to know when the Gratuity Act was amended to provide gratuity to the employees of self-financing educational institutions, i.e., both teaching and non-teaching employees of the self-financing colleges and universities. Could you please provide a copy of the amended Gratuity Act?

Thank you.

Dear Chandresh, please go to page no. 1 for the same. I repeat:

Subject - Re: Gazette Notification for The Payment of Gratuity (Amendment) Act 2010

The date of effect is 24-05-2010 as per notification.

Attached Files: Gratuity Act (Gazette Notifications).pdf (726.5 KB, 886 views)

Gratuity Amendment Bill, 2010

The Bill was approved by the Parliament, raising the Gratuity ceiling from ₹3.5 Lakhs to ₹10 Lakhs. Kindly inform if the Orders have been issued by the Government to implement this decision as applicable to the concerned institutions, including educational institutions.

Can anybody write/suggest where to get the latest judgments regarding employees on the payment of gratuity act? I need to file a rejoinder with Dylc. G.P. Agarwal.