Section 7: Determination of the amount of gratuity
(1) A person who is eligible for payment of gratuity under this Act or any person
authorised, in writing, to act on his behalf shall send a written application to the
employer, within such time and in such form, as may be prescribed, for payment of such
gratuity.
(2) As soon as gratuity becomes payable, the employer shall, whether an application
referred to in sub-section (1) has been made or not, determine the amount of gratuity and
give notice in writing to the person to whom the gratuity is payable and also to the
controlling authority specifying the amount of gratuity so determined.
(3) The employer shall arrange to pay the amount of gratuity within thirty days from the
date it becomes payable to the person to whom the gratuity is payable.
(3-A) If the amount of gratuity payable under sub-section (3) is not paid by the employer
within the period specified in sub-section (3), the employer shall pay, from the date on
which the gratuity becomes payable to the date on which it is paid, simple interest at such
rate, not exceeding the rate notified by the Central Government from time to time for
repayment of long-term deposits, as that Government may, by notification specify
This is the rule position.
Form I Rule 7(1) : Application of Gratuity by an Employee.
A reference to the Act and relevant rules will always be helpful.
How many years of continuous service has been put up by employee?