15th Finance Commission Grants New guidelines

Tied and Untied exising Ratio of 50:50, inrespect of Grampanchayat grants changed to 60:40 respectively for the year 2021-22 only changed across the country vide D.O.Mo.11013/1/2020(CB-Part(1)) dated 1st June 2021.

According to the said letter, the government of Indai decided to restrict the expenditure of UnTied grants of 15th Financ Commission grants pertaing to the year 2021-22 only.

This modification shall apply only to the extent of grampanchayat plans for the year 2021-22 only. Other two tiers i.e., shall fallow the Fifteenth Finance guidelines scrupulously.

It may be noted, that on verification of report published by the Ministry of Jal Jeevan, even after laps of 72 yeas of independance, only 39.19% of total house holds are getting the drinking water through piped connection

Therefore the 15th commission has made it mandatory, as central priority, as tied grants shall be utilised only for the purpose providing safe Drinking water and visual clear Sanitation to the rural people of country

Marriage Act, 2002

Act.No.15 of 2002

ACT TO PROVIDE FOR THE COMPULSORY REGISTRATION OF MARGES IN THE STA TE AND FOR MA TTERS CONNECTED THEREWITH AND INCIDENTAL THERETO

Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Fifty third Year of The Republic of India as follows:

CHAPTER 1 PRELIMINARY
1. Short title extent and commencement	This Act may be called the Andhra Pradesh Compulsory Registration of Marriages Act, 2002. It extends to the whole of the state of Andhra Pradesh. It shall come into force on such date * as the State Government may, by notification, in the Andhra Pradesh Gazette, appoint.
2. Definitions; In this Act, unless the context otherwise requires: —	"Marriages" include all the marriages performed by persons belonging to any caste or religion and also the marriages performed as per any custom, practices or any traditions including the marriages performed in the tribal areas and the word "Marriages" also includes "remarriages" " Local Authority" means the Gram Panchayat or the Municipality or the Municipal Corporation, as the case may be. "Government" means the State Government of Andhra Pradesh. "Notification" means any notification published in the Andhra Pradesh Gazette and the word "Notified" shall be construed accordingly: "prescribed" means prescribed by rules made by the Government under this Act. "Public Servant" means any employee of the Government, a local Gram Panchayat, Mandal Parishad, Zilla Parishad, Municipality or Municipal Corporation owned or by the Government or any Government Agency. "Register" means a register of marriages maintained under this Act. "Memorandum" means a memorandum of marriage mentioned in Section 8. "Registrar" means a Registrar of marriages appointed by the Government under this Act. "Marriage Officer' means an Officer appointed under this Act. "Registrar General" means the Registrar General of Marriages appointed by the Government under this Act. The expression "custom and tradition' signifies any custom or tradition which, having been continuously and uniformly observed for a long time, and prevalent in the force of law in any local area, tribal community etc. "Magistrate" means a Judicial Magistrate of First Class.
	* Came into force with effect from 25.10.2002 (vide G.O.Ms.No.51, Women Development, Child Welfare & Disabled Welfare (Prog) Dt. 25.10.2002. A.P. Gazette, Part — I (Ext.) Dt.25.10.2002.
3.Application of other laws not barred:	Save as otherwise provided provisions of this Act shall be in addition to and not in derogation of any other law for any the time being in force, except to the extent the provisions of other laws are inconsistent with any provision of this Act.
4.Registrar General of marriages:	The State Government may, by notification in the official gazette, appoint a person known as Registrar General of Marriages; The State Government may appoint such officers with such designations as it thinks fit for purpose of discharging under the superintendence and directions of the Registrar General of Marriages such function of the Registrar General under this Act, as he may, think fit from time to time authorise and delegate them to discharge such functions as may be prescribed.
5.District Registrar of Marriages:	The state Government may appoint District Registrar of Marriages for each District and such number of Additional Deputy Registrars of Marriages as it thinks fit, who shall subject to the general control supervision and directions of the District Registrar, discharge such functions of the District Registrar as the District Registrar may, from time to time, authorise them to discharge. The District Registrar of Marriages shall manage and supervise subject to the directions of the Registrar General of Marriages the registration of marriages in the district and shall be responsible for carrying into execution in the district the provisions of this Act, and the orders of the Registrar General of Marriages issued from time to time for the purpose of this Act.
6. Marriage Officer:	The local authority may appoint a Marriage Officer for each local area comprising the area within the jurisdiction of a Municipal Corporation, Municipality, Gram Panchayat or any other area or a combination of any two or more areas. Every Marriage Officer shall, enter in the Register of Marriages maintained for the purpose, all information given to him under section 7 or section 8 and register the marriage. Every Marriage Officer shall have an office in the local area for which he is appointed. Every Marriage Officer shall attend his office for the purpose of registering the marriages on such days at such hours as the Registrar General of Marriages or District Registrar of Marriages may direct and shall cause to be placed in some conspicuous place on or near the outer door of the office of the Marriage Officer, a Board bearing in the local language, his name with the addition of "Marriage Officer" for the local area for which he is appointed and the days and hours of his attendance.
CHAPTER II REGISTRATION OF MARRIAGES
7. Every Marriage in State to be Registered:	After the commencement of the Act, every marriage performed in the State shall be registered under this Act in the manner provided in section 8 notwithstanding the fact that the said marriage had been entered in the Marriage Registers governed by the any other personal laws of the bride or bridegroom or customs and traditions. This Act does not apply to the marriages already registered with the Registrar of Marriages appointed by the Government.
8. Memorandum or marriage:	The parties to a marriage either bride or bridegroom or their parents or guardian shall inform the Marriage Officer about the factum of the marriage to be registered in the Form as prescribed in the schedule duly signed by the said person. within 30 days from the date of the marriage in duplicate The Memorandum shall be signed by the bride and bridegroom and two witnesses on each side of bride and bridegroom before the Marriage Officer. The Marriage Officer shall maintain the Register of Marriages in the Form as provided in the Schedule and enter In the Register all the Information supplied to him in the memorandum and obtain the signatures of the bride and bridegroom and two witnesses on each Side. On receipt of the memorandum of the factum of marriage or the proposed marriage and on payment of the such charges, the Marriage Officer may go to the place specified within his jurisdiction and obtain the signatures of the bride and bridegroom and two witnesses on each Side.
9. Memorandum of marriage presented after 30 days:	The memorandum of factum of marriage may be presented to the Marriage officer after expiry of a period of 30 days as specified in sub-section (1) of Section 8, and thereafter within a period of 60 days with the payment of fee of Rs. 100/— (one hundred only).
CHAPTER -III PENALITIES
10. Penalty for neglecting to comply with the provisions of sections 8 and 9 or for making false statement in memorandum:	Any person who, willfully omits or neglects to get the marriage registered as required in sections 8 and 9 shall be punished with fine which may extend to one thousand rupees, or; Any person who makes any statement in the memorandum which is false in any material particulars and which he/she knows or has reason to believe to be false, shall be punished with Imprisonment for a term which may extend to one year or fine which may extend to one thousand rupees or with both.
11. Penalty for failing to register the marriage:	Any Marriage Officer who falls to register a marriage pursuant to section 8 shall be punished with imprisonment for a term which may extend to three months or fine which may extend to five hundred rupees or with both.
CHAPTER - IV
12. Marriage Certificate to be given to the couple:	The Marriage Officer shall, as soon as the registration of marriage has been completed, give free of costs, to the couple a Marriage Certificate in the form as provided in the Schedule under his hand and seal; Such Certificate issued by the Marriage Officer shall be the conclusive proof of the factum of the said marriage.
13. Marriage Officer to keep registers in the prescribed form:	Every Marriage Officer shall keep in the prescribed form a Register of Marriages for the Registration area or any part thereof in relation to which he exercises jurisdiction. The Registrar General shall cause to be printed and supplied sufficient number of registers for making entries of marriages according to such form and instructions as he may, from time to time prescribe, a copy of such forms in the local language shall be pasted in some conspicuous place on or near the other door of office of every Marriage Officer.
14. Search of Marriages Register:	Subject to any Rules made in this behalf by the State including the Rules relating to payment of fee, any person may; Cause a search to be made by the Marriage Officer for any entry in the Register of Marriages; and obtain an extract from such Register relating to marriages. All extracts given under this section shall be signed by the Marriage Officer or any other Officer authorised by the State Government to give such extracts and shall be admissible In evidence for the purpose of proving the marriage to which the entry relates.
15. Marriage Officers to send periodical returns to the District Registrar for compilation:	Every Marriage Officer shall send to the District Registrar of Marriages or to any Officer specified by him, at such intervals and in such form as may be prescribed, a return regarding the entries of marriages in the Register kept by such Marriage Officer.
16. Non-registration not to invalidate marriage:	No marriage performed in this state to which this Act applies shall be deemed to be invalid solely by reason of the fact that it was not registered under this Act.
17. Offence under this Act triable summarily by a Magistrate:	An offence under this Act shall be tried summarily by the Judicial Magistrate of First Class, in accordance with the procedure as laid down in the Code of Criminal Procedure, 1973.
18. Sanction for prosecution:	No prosecution for an offence punishable under this Act shall be instituted except by an officer authorised by Registrar General, by general or special order in this behalf without his prior sanction.
19.Registrars/Marriage Officers to be deemed public servants:	All Registrars of Marriages or Marriage Officers and other Officers appointed under this Act, shall while acting or purporting to act in pursuance of the provisions of this Act or any rule or order made thereunder, shall be deemed to be public servants the meaning of 21 of the Indian Penal Code.
20. Protection of action taken in good faith:	No suit or legal proceedings shall lie against the Government, the Registrar General, any Registrar or Marriage Officer or any person exercising any power of performing any duty under this Act, for anything in good faith done or intended to be done in pursuance of this Act or any rule or orders made thereunder.
21. Power to make rules:	The State Government may by notification in the official gazette, make rules to carry out the purpose of this Act, In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters namely,— the duties and of the Registrars of Marriages or Marriage Officers, the forms and the manner in which the registers or records requrred to be kept by or under this Act valign="top"shall be maintained; the custody in which the registers and records are to be kept and the preservation of such registers and records; and the fee to be paid under the relevant provisions of the Act. Every rule made under the Act shall immediately after it is made. be laid before the Legislative Assembly of the State if it is in session, and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified from or shall stand annulled, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

SCHEDULE
FORM - A
(See Section 12)
MARRIAGE CERTIFICATE

I,...................................... hereby certify that I have registered under the Compulsory Registration of Marriage Act, 2002, the marriage of bridegroom AB With bride CD on this...........day of 200 in pursuance of the memorandum dated the day received by me and the same has been entered as serial No............in page of the Register of Marriages maintained by me for the year.............

Date :

District Registrar of
Marriages/Marriage Officer of
the Local Area.......................
Address:..........................

MEMORANDUM OF MARRIAGE
(See Section 8)

1. 1. Date of Marriage.
2. 
   2. Place of marriage (with sufficient particulars to locate the place).

BRIDEGROOM'S PARTICULARS

1. 1.
   1. Full Name of the bridegroom.
   2. Father's Name/Mother's Name
   3. His age at the time of marriage
   4. Usual place of residence.
   5. Address
   6. Status of the bridegroom at
      the time of marriage.
      (Whether unmarried/
      widower/divorced).
   
   
   Signature of the Bridegroom.

   WITNESSES

   1. 1
      1. Name.
      2. s/o. W/o.
      3. Age.
      4. Usual place of residence.
      5. Adress :
   2. Signature of the Witness.
      2.
      1. Name.
      2. S/o, W/o, D/o
      3. Age.
      4. Usual place of residence
      5. Address.
   3. 
      
      
      Signature of the Witness

      BRIDE'S PARTICULARS.

      3.
      1. Full Name of the bride.
      2. Father's Name/Mother's Name.
      3. Her age at the time of marriage.
      4. Usual place of residence.
      5. Address :
      6. Status of the Bride at the time of marriage.
      7. (Whether Unmarried/Widow/Divorced).
   4. 
      
      
      
      Signature of the Bride.

      WITNESSES.

      1. 1
         1. Name.
         2. S/o, W/o, D/o,
         3. Age.
         4. Usual place of residence.
         5. Address
      2. 2.
         1. Name Signature of the Witness.
         2. S/o, W/o, IYO.
         3. Age.
         4. Usual place of residence.
         5. Address :

Signature of the Witness

Protocol

Withdrawal of certain Poramboke lands from Gram Panchayats under sub-section 2 of section 58

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Panchayat Raj and Rural Development Department – Withdrawal of certain Poramboke lands from the purview of Gram Panchayats under sub-section 2 of section 58 of the Andhra Pradesh Panchayat Raj Act, 1994 – Notification – Issued.

==================================================
PANCHAYAT RAJ &RURAL DEVELOPMENT (Pts.II) DEPARTMENT

G.O.MS.No. 558

Dated: 02-03-2020

Read the following:

1. From the Collector & District Magistrate, W.G. Dist. Roc.No.E2/e-1732182/2019, dt.20.2.2020.
2. From the Commissioner,PR&RD., A.P., Guntur, Letter No.1112596/ CPR&RD/D1/2019, dt.28.02.2020.

****

O R D E R :

In the reference 1st read above, the Collector and District Magistrate, West Godavari District has informed that in order to implement the flagship programme“Navaratnalu-Pedalandariki Illu Programme” certain Poramboke lands i.e., Bandidari, Kalidari, Donka, Gayalu, Road Poramboke, Konda gutta Poramboke, Rathistalamu, Payikana, Banjaru, Taluka Board President etc., were identified and requested the Government to de-notify the above lands vested with Gram Panchayats as per sub-section 2 of section 58 of the Andhra Pradesh Panchayat Raj Act, 1994 and delegate the powers to the Collector for notifying the lands for provision of house sites to the homeless poor under the above programme. In the letter 2nd read above, the Commissioner, Panchayat Raj and Rural Development has requested the Government to take action under section 58 (2) of the Andhra Pradesh Panchayat Raj Act, 1994.

2. Government, after careful examination of the matter, in large public interest, hereby decide to de-notify certain Poramboke lands i.e., Bandidari, Kalidari, Donka, Gayalu, Road Poramboke, Konda gutta Poramboke, Rathistalamu, Payikana, Banjaru, Taluka Board President etc. (which are not being used for the purposes prescribed and have been identified by the District Collectors suitable for allotment as the house sites for the poor), under subsection 2 of section 58 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No.13 of 1994) in the State, which are vested with Gram Panchayats under subsection 1 of section 58 of the said Act and accordingly, hereby delegate the powers to the District Collectors for notifying the lands only for provision of house sites for the homeless poor under flagship programme “NavaratnaluPedalandariki Illu”.

3. The following notification will be published in the Extraordinary issue of Andhra Pradesh Gazette, Dt.03.03.2020 accordingly.

NOTIFICATION

In exercise of the powers conferred under sub-section (2) of section 58 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No. 13 of 1994), the Government of Andhra Pradesh hereby de-notify certain Poramboke lands in the State, which are vested with Gram Panchayats under sub-section 1 of section 58 of the said Act, shall cease to vest in the Gram Panchayat and they shall vest with the Government for providing house sites to the homeless poor under the flagship programme “Navaratnalu-Pedalandariki Illu”.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

GOPAL KRISHNA DWIVEDI

PRINCIPAL SECRETARY TO GOVERNMENT

To:
The Commissioner of Printing, Stationery and Stores Purchase, A.P., Vijayawada (He is requested to publish and supply Fifty (50) copies of the notification to the Government).
The Commissioner of Panchayat Raj and Rural Development,A.P., Tadepalli, Guntur.
All District Collectors in the State.
Copy to:-
The Chief Commissioner of Land Administration, A.P. Vijayawada.
The Revenue Department.
The P.S. to Minister (PR,RD&M&G).
The P.S. to Prl. Secy. (PR& RD).
SF/SCs

//FORWARDED :: BY ORDER//

SECTION OFFICER

THE PAYMENT OF GRATUITY ACT, 1972

THE PAYMENT OF GRATUITY ACT, 1972

[NO. 39 OF 1972]

[21st August, 1972]

An Act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:-

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: Provided that in so far as it relates to plantations or ports, it shall not extend to the State of Jammu and Kashmir.
3. It shall apply to-
   1. every factory, mine, oilfield, plantation, port and railway company;
   2. every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;
   3. such other establishments or class of establishments, in which ten or more employees are employed, or were employed, on any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf.
   (3-A) A shop or establishment to which this Act has become applicable shall continue to be governed by this Act, notwithstanding that the number of persons employed therein at any time after it has become so applicable falls below ten.
4. It shall come into force on such date as the Central Government may, by notification, appoint.

2.  Definitions.- In this Act, unless the context otherwise requires,

-

1. “appropriate Government” means,-
   1. in relation to an establishment:-
      1. belonging to, or under the control of, the Central Government
      2. having branches in more than one State
      3. of a factory belonging to, or under the control of, the Central Government.
      4. of a major port, mine, oilfield or railway company, the Central Government.
   2. in any other case, the State Government.
2. “completed year of service” means continuous service for one year.
3. “continuous service” means continuous service as defined in Section 2-A;
4. “controlling Authority” means an authority appointed by the appropriate Government under Section 3;
5. “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;
6. “Employer” means, in relation to any establishment, factory, mine, oilfield, plantation, port, railway company or shop:-
   1. belonging to, or under the control of, the Central Government or a State Government, a person or authority appointed by the appropriate Government for the supervision and control of employees, or where no person or authority has been so appointed, the head of the Ministry or the Department concerned,
   2. belonging to, or under the control of, any local authority, the person appointed by such authority for the supervision and control of employees or where no person has been so appointed, the chief executive officer of the local authority.
   3. in any other case, the person, who, or the authority which, has the ultimate control over the affairs of the establishment, factory, mine, oilfield, plantation, port, railway company or shop, and where the said affairs are entrusted to any other person, whether called a manager, or managing director or by any other name, such person;
7. “Factory” has the meaning assigned to it in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948);
8. “Family”, in relation to an employee, shall be deemed to consist of:-
   1. in the case of a male employee, himself, his wife, his children, whether married or unmarried, his dependent parents and the dependent parents of his wife and the widow and children of his predeceased son, if any.
   2. in the case of a female employee, herself, her husband, her children, whether married or unmarried, her dependent parents and the dependent parents of her husband and the widow and children of her predeceased son, if any:

   Explanation.-Where the personal law of an employee permits the adoption by him of a child, any child lawfully adopted by him shall be deemed to be included in his family, and where a child of an employee has been adopted by another person and such adoption is, under the personal law of the person making such adoption, lawful, such child shall be deemed to be excluded from the family of the employee.

9. “major port” has the meaning assigned to it in clause (8) of section 3 of the Indian Ports Act, 1908 (15 of 1908);
10. “mine” has the meaning assigned to it in clause (j) of sub-section (1) of section 2 of the Mines Act, 1952 (35 of 1952);
11. “notification” means a notification published in the Official Gazette:
12. “oilfield” has the meaning assigned to it in clause (e) of Section 3 of the Oilfields (Regulation and Development) Act, 1948 (53 of 1948);
13. “plantation” has the meaning assigned to it in clause (f) of Section 2 of the Plantations Labour Act, 1951 (69 of 1951);
14. “port” has the meaning assigned to it in clause (4) of section 3 of the Indian Ports Act, 1908 (15 of 1908);
15. “prescribed” means prescribed by rules made under this Act;
16. “railway company” has the meaning assigned to it in clause (5) of section 3 of the Indian Railways Act, 1890 (9 of 1890);
17. “retirement” means termination of the service of an employee otherwise than on superannuation.
18. “superannuation” in relation to an employee, means the attainment by the employee of such age as is fixed in the contract or conditions of service as the age on the attainment of which the employer shall vacate the employment;
19. “wages” means all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment and which are paid or are payable to him in cash and includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages and any other allowance.

contd.Page.2

2

2A. Continuous Service.-

1. (1) For the purpose of this Act-
   1. An employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act;
   2. Where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer-
      1. for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than-
         1. one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
         2. two hundred and forty days, in any other case:
      2. for the said period of six months if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than-
         1. ninety-five days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
         2. one hundred and twenty days, in any other case;

         Explanation.- For the purpose of clause (2), the number of days on which an employee has actually worked under an employer shall include the days on which-

         1. he has been laid-off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under the Industrial Disputes Act, 1947 (14 of 1947), or under any other law applicable to the establishment;
         2. he has been on leave with full wages, earned in the previous year;
         3. he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twelve weeks].
   3. Where an employee, employed in a seasonal establishment, is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer for such period if he has actually worked for not less than seventy-five per cent of the number of days on which the establishment was in operation during such period.

contd.Page.3

3

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 Act and different controlling authorities may be appointed for different areas

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,-
   1. on his superannuation, or
   2. on his retirement or resignation,
   3. on his death or disablement due to accident or disease:

   Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement:

   Provided further that in case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is minor, the share of such minor, shall be deposited with the Controlling Authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.

   Explanation.- For the purposes of this section, disablement means such disablement as incapacitates an employee for the work which he was capable of performing before the accident or disease resulting in such disablement.

2. For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days' wages based on the rate of wages last drawn by the employee concerned:

Provided that in the case of a piece-rated employee, daily wages shall be computed on the average of the total wages received by him for a period of three months immediately preceding the termination of his employment, and, for this purpose, the wages paid for any overtime work shall not be taken into account:

Provided further that in the case of an employee who is employed in a seasonal establishment, and who is not so employed throughout the year, the employer shall pay the gratuity at the rate of seven days' wages for each season.

Explanation.-In the case of a monthly rated employee, the fifteen days' wages shall be calculated by dividing the monthly rate of wages last drawn by him by twenty-six and multiplying the quotient by fifteen.

3. The amount of gratuity payable to an employee shall not exceed ten lakh rupees.
4. For the purpose of computing the gratuity payable to an employee who is employed, after his disablement, on reduced wages, his wages for the period preceding his disablement shall be taken to be the wages received by him during that period, and his wages for the period subsequent to his disablement shall be taken to be the wages as so reduced.
5. Nothing in this section shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer.
6. Notwithstanding anything contained in sub-section (i),-
   1. the gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused.
   2. the gratuity payable to an employee may be wholly or partially forfeited-
      1. if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part; or
      2. if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.

contd.Page.4

4

4A. Compulsory Insurance.-

1. With effect from such date as may be notified by the appropriate Government in this behalf, every employer, other than an employer or an establishment belonging to, or under the control of, the Central Government or a State Government, shall, subject to the provisions of sub- section (2), obtain an insurance in the manner prescribed, for his liability for payment towards the gratuity under this Act, from the Life Insurance Corporation of India established under the Life Insurance Corporation of India Act, 1956 (31 of 1956) or any other prescribed insurer:

Provided that different dates may be appointed for different establishments or class of establishments or for different areas.

2. The appropriate Government may, subject to such conditions as may be prescribed, exempt every employer who had already established an approved gratuity fund in respect of his employees and who desires to continue such arrangement, and every employer employing five hundred or more persons who establishes an approved gratuity fund in the manner prescribed from the provisions of sub-section (1).
3. For the purpose of effectively implementing the provisions of this section, every employer shall within such time as may be prescribed get his establishment registered with the controlling authority in the prescribed manner and no employer shall be registered under the provisions of this section unless he has taken an insurance referred to in sub-section (1) or has established an approved gratuity fund referred to in sub-section (2).
4. The appropriate Government may, by notification, make rules to give effect to the provisions of this section and such rules may provide for the composition of the Board of Trustees of the approved gratuity fund and for the recovery by the controlling authority of the amount of the gratuity payable to an employee from the Life Insurance Corporation of India or any other insurer with whom an insurance has been taken under sub-section (1), or as the case may be, the Board of Trustees of the approved gratuity fund.
5. Where an employer fails to make any payment by way of premium to the insurance referred to in sub-section (1) or by way of contribution to an approved gratuity fund referred to in sub- section (2) he shall be liable to pay the amount of gratuity due under this Act (including interest, if any, for delayed payments) forthwith to the controlling authority.
6. Whoever contravenes the provisions of sub-section (5) shall be punishable with fine which may extend to ten thousand rupees and in the case of a continuing offence with a further fine which may extend to one thousand rupees for each day during which the offence continues.

Explanation.-In this section “approved gratuity fund” shall have the same meaning as in clause (v) of Section 2 of the Income Tax Act, 1961 (43 of 1961)].

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5. Power to exempt.-

1. ¹[The appropriate Government may, by notification, and subject to such conditions as may be specified in the notification, exempt any establishment, factory, mine, oilfield, plantation, port, railway company or shop to which this Act applies from the operation of the provisions of this Act if, in the opinion of the appropriate Government, the employees in such establishment, factory, mine, oilfield, plantation, port, railway company or shop are in receipt of gratuity or pensionary benefits not less favourable than the benefits conferred under this Act.
2. The appropriate Government may, by notification and subject to such conditions as may be specified in the notification, exempt any employee or class of employees employed in any establishment, factory, mine, oilfield, plantation, port, railway company or shop to which this Act applies from the operation of the provisions of this Act, if, in the opinion of the appropriate Government, such employee or class of employees are in receipt of gratuity or pensionary benefits not less favourable than the benefits conferred under this Act.
3. A notification issued under sub-section (1) or sub-section (2) may be issued retrospectively a date not earlier than the date of commencement of this Act, but no such notification shall be issued so as to prejudicially affect the interest of any person.

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 the purpose of the second proviso to sub-section (1) of Section 4.
2. An employee may, in his nomination, distribute the amount of gratuity payable to him under this Act amongst more than one nominee.
3. If an employee has a family at the time of making a nomination, the nomination shall be made in favour of one or more members of his family, and any nomination made by such employee in favour of a person who is not a member of his family, shall be void.
4. If at the time of making a nomination the employee has no family, the nomination may be made in favour of any person or persons but if the employee subsequently acquires a family, such nomination shall forthwith become invalid and the employee shall make, within such time as may be prescribed, a fresh nomination in favour of one or more members of his family.
5. A nomination may, subject to the provisions of sub-sections (3) and (4), be modified by an employee at any time, after giving to his employer a written notice in such form and in such manner as may be prescribed, of his intention to do so.
6. If a nominee predeceases the employee, the interest of the nominee shall revert to the employee who shall make a fresh nomination in the prescribed form, in respect of such interest.
7. Every nomination, fresh nomination or alteration of nomination, as the case may be, shall be sent by the employee to his employer, who shall keep the same in his safe custody.

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 (i) 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:

Provided that no such interest shall be payable if the delay in the payment is due to the fault of the employee and the employer has obtained permission in writing from the Controlling Authority for the delayed payment on this ground].

4. 1. (a) If there is any dispute as to the amount of gratuity payable to an employee under this Act or as to the admissibility of any claim of, or in relation to, an employee for payment of gratuity, or as to the person entitled to receive the gratuity, the employer shall deposit with the Controlling Authority such amount as he admits to be payable by him as gratuity.
   2. Where there is a dispute with regard to any matter or matters specified in Clause (a), the employer or employee or any other person raising the dispute may make an application to the Controlling Authority for deciding the dispute.
   3. The Controlling Authority shall, after due inquiry and after giving the parties to the dispute a reasonable opportunity of being heard, determine the matter or matters in dispute and, if, as a result of such inquiry any amount is found to be payable to the employee, the Controlling Authority shall direct the employer to pay such amount or, as the case may be, such amount as reduced by the amount already deposited by the employer.
   4. The Controlling Authority shall pay the amount deposited, including the excess amount, if any, deposited by the employer, to the person entitled thereto.
   5. As soon as may be after a deposit is made under Clause (a), the Controlling Authority shall pay the amount of the deposit-
      1. to the applicant where he is the employee; or
      2. where the applicant is the employee, to the 1[nominee or, as the case may be, the guardian of such nominee or] heir of the employee if the Controlling Authority is satisfied that there is no dispute as to the right of the applicant to receive the amount of gratuity.
5. For the purpose of conducting an inquiry under Sub-Section (4), the controlling authority shall have the same powers as are vested in a Court, while trying a suit, under the Code of Civil Procedure,1908 (5 of 1908), in respect of the following matters namely:-
   1. enforcing the attendance of any person or examining him on oath;
   2. requiring the discovery and production of documents;
   3. receiving evidence on affidavits;
   4. issuing commissions for the examination of witnesses.
6. Any inquiry under this Section shall be a judicial proceeding within the meaning of Sections 193 and 228, and for the purpose of Section 196, of the Indian Penal Code, 1860 (45 of 1860).
7. Any person aggrieved by an order under sub-section (4), may, within sixty days from the date of the receipt of the order, prefer an appeal to the appropriate Government or such other authority as may be specified by the appropriate Government in this behalf:

Provided that the appropriate Government or the appellate authority, as the case may be, may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, extend the said period by a further period of sixty days.

Provided further that no appeal by an employer shall be admitted unless at the time of preferring the appeal, the appellant either produces a certificate of the controlling authority to the effect that the appellant has deposited with him an amount equal to the amount of gratuity required to be deposited under subsection (4), or deposits with the appellate authority such amount.

8. The appropriate Government or the appellate authority, as the case may be, may, after giving the parties to the appeal a reasonable opportunity of being heard, confirm, modify or reverse the decision of the controlling authority.

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7A. Inspectors.-

1. The appropriate Government may, by notification, appoint as many Inspectors, as it deems fit, for the purposes of this Act.
2. The appropriate Government may, by general or special order, define the area to which the authority of an Inspector so appointed shall extend and where two or more Inspectors are appointed for the same area, also provide, by such order, for the distribution or allocation of work to be performed by them under the Act.
3. Every Inspector shall be deemed to be a public servant within the meaning of Sec. 21 of the Indian Penal Code, 1860 (Act 45 of 1860).

7B. Powers of Inspectors.-

1. Subject to any rules made by the appropriate Government in this behalf, an Inspector may, for the purpose of ascertaining whether any of the provisions of this Act or the conditions, if any, of any exemption granted thereunder, have been complied with, exercise all or any of the following powers, namely:-
   1. require an employer to furnish such information as he may consider necessary;
   2. enter and inspect, at all reasonable hours, with such assistants (if any), being persons in the service of the Government or local or any public authority, as he thinks fit, any premises of or place in any factory, mine, oil-field, plantation, port, railway company, shop or other establishment to which this Act applies, for the purpose of examining any register, record or notice or other document required to be kept or exhibited under this Act or the rules made thereunder, or otherwise kept or exhibited in relation to the employment of any person or the payment of gratuity to the employees, and require the production thereof for inspection;
   3. examine with respect to any matter relevant to any of the purposes aforesaid, the employer or any person whom he finds in such premises or place and who, he has reasonable cause to believe, is an employee employed therein;
   4. make copies of, or take extracts from any register, record, notice or other document, as he may consider relevant, and where he has reason to believe that any offence under this Act has been committed by an employer, search and seize with such assistance as he may think fit, such register, record, notice or other document as he may consider relevant in respect of that offence;
   5. exercise such other powers as may be prescribed.
2. Any person required to produce any register, record, notice or other document or to give any information, by an Inspector under sub-section (1) shall be deemed to be legally bound to do so within the meaning of Sections 175 and 176 of the Indian Penal Code (45 of 1860).
3. The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under Section 94 of that Code.

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 authority shall, on an application made to it in this behalf by the aggrieved person, issue a certificate for that amount to the Collector, who shall recover the same, together with compound interest thereon at such rate as the Central Government may, by notification, specify from the date of expiry of the prescribed time, as arrears of land revenue and pay the same to the person entitled thereto:

Provided that the Controlling Authority shall, before issuing a certificate under this section, give the employer a reasonable opportunity of showing cause against the issue of such certificate: Provided further that the amount of interest payable under this section shall, in no case, exceed the amount of gratuity payable under this Act.

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9. Penalties.-

1. Whoever, for the purpose of avoiding any payment to be made by himself under this Act or of enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representation shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to 1[ten thousand rupees] or with both.
2. An employer who contravenes, or makes default in complying with, any of the provisions of this Act or any rule or order made thereunder shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year, or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees, or with both: Provided that where the offence relates to non-payment of any gratuity payable under this Act, the employer shall be punishable with imprisonment, for a term which shall not be less than six months but which may extend to two years unless the Court trying the offence, for reasons to be recorded by it in writing, is of opinion that a lesser term of imprisonment or the imposition of a fine would meet the ends of justice.

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 complainant not less than three clear days' notice in writing of his intention to do so, to have any other person whom he charges as the actual offender brought before the Court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the Court-

1. that he has used due diligence to enforce the execution of this Act; and
2. that the said other person committed the offence in question without his knowledge, consent or connivance, that other person shall be convicted of the offence and shall be liable to the like other punishment as if he were the employer and the employer shall be discharged from any liability under this Act in respect of such offence:

Provided that in seeking to prove as aforesaid, the employer may be examined on oath and his evidence and that of any witness whom he calls in his support shall be subject to cross-examination on behalf of the person he charges as the actual offender and by the prosecutor:

Provided further that, if the person charged as the actual offender by the employer cannot be brought before the Court at the time appointed for hearing the charge, the Court shall adjourn the hearing from time to time for a period not exceeding three months and if by the end of the said period the person charged as the actual offender cannot still be brought before the Court, the Court shall proceed to hear the charge against the employer and shall, if the offence be proved, convict the employer.

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11. Cognizance of Offence.-

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:

   Provided that where the amount of gratuity has not been paid, or recovered, within six months from the expiry of the prescribed time, the appropriate Government shall authorise the controlling authority to make a complaint against the employer, whereupon the controlling authority shall, within fifteen days from the date of such authorisation, make such complaint to a Magistrate having jurisdiction to try the offence.

2. (2) No Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class] shall try any offence punishable under this Act.

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 any thing which is in good faith done or intended to be done under this Act or any rule or order made thereunder.

13. Protection of gratuity.- No gratuity payable under this Act and no gratuity payable to an employee employed in any establishment, factory, mine, oilfield, plantation, port, railway company or shop exempted under Section 5 shall be liable to attachment in execution of any decree or order of any civil, revenue or criminal court.

13A. Validation of payment of gratuity.- Notwithstanding anything contained in any judgement, 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.

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 than this Act or in any instrument or contract having effect by virtue of any enactment other than this Act.

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 Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

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amp; Rural Development Dept., A.P., Hyderabad.