Dear Zita,
The Payment of Gratuity Act,1972 is applicable to
(i) every factory, mine, oilfield, plantation, port and railway company (ii) to every shop or establishment in which ten or more persons are employed or (iii) such other establishments or class of establishments as the Central Government may issue notification in this behalf.
I agree with Sh Banerjee that the Act automatically stand apply, if your establishment fulfill the above conditions.
If you are not covered under the Act, you are free to introduce your own scheme,but if at any time, the no.of employees became ten or more, you will have no alternative but to comply with the provisions of the Act.
BS Kalsi
Member since Aug 2011