Payment of Gratuity Act 1972


What’s gratuity?

Gratuity is a form of gratitude supplied in monetary phrases by means of the employer to the worker for the services rendered by the worker for a duration of 5 or more years.


What are the organizations for which payment of gratuity act is applicable?

Payment of gratuity act, 1972 applies to all stores or institutions having 10 or greater employees on any day during the previous one year.


 Who can obtain gratuity?

Someone working as a worker in any business enterprise, keep, production unit, agricultural enterprise or service industry is eligible to get hold of gratuity as in keeping with the situations of gratuity. An apprentice isn’t always eligible for gratuity.


 Whilst are the employees eligible for gratuity?

Employees who have rendered at least five years of non-stop carrier in an business enterprise are eligible to get hold of gratuity from the employer.


 When is gratuity payable?

A company is vulnerable to pay gratuity to an employee

On the termination of his employment after he has rendered continuous service for not less than 5 years or

On his superannuation, or

On his retirement or resignation, or

On his demise or disablement due to accident or disorder (the completion of non-stop carrier of five years shall not be considered for the case of death or disablement).


How is gratuity calculated?

Gratuity payable = last drawn profits *15/26 *No of finished years of provider.

Earnings for the purpose of the above computation = fundamental income + Dearness allowance


What’s the most quantity of gratuity that can be paid to a worker?

The amount of gratuity payable to an employee shall no longer exceed Rs. 20 lakhs.


Is the gratuity received taxable inside the fingers of the employee?

In appreciate of gratuity acquired with the aid of authorities’ employees: whole quantity of gratuity is exempt from profits Tax.

In respect of gratuity acquired via personnel other than authorities’ personnel

Amount exempted from tax is

20 lakhs (or)

Actual gratuity acquired (or)

Closing drawn revenue *15/26 *No of finished years of provider (or) (Whichever is less).


What’s the due date for price of gratuity?

Gratuity has to be paid within 30 days from the date it turns into payable.


What’s the penalty for default below the fee of Gratuity Act, 1972?

Any man or woman, for the cause of avoiding payment of gratuity by using making any fake declaration or false illustration:

Imprisonment for 6 months or nice as much as Rs.10,000 or with each.

An enterprise, who contravenes or makes default in complying with the provisions of the act:

Imprisonment for not much less than 3 months and up to 1 year or excellent now not less than Rs.10,000 but up to Rs.20,000 or with each.


Is there any interest for behind schedule price of gratuity?

In case of enterprise default:

Corporation shall pay interest on the simple interest rate (charge notified by using the central government), from the date on which the gratuity turns into payable to the date until it is paid.

In case of employee default:

No interest will be payable if the put off in the charge is due to the fault of the employee and the agency has obtained permission in writing from the Controlling Authority for the delayed charge in this floor.


Whether Gratuity can be allowed as a deduction at the same time as calculating taxable earnings of the agency?

Deduction is allowed most effective if gratuity is clearly paid.

No deduction will be allowed in admire of any provision made through the assesses for the price of as in step with segment 40A (7) of the earnings tax act, 1961.


Ought to the personnel beneath training or apprenticeship be covered for the reason of gratuity?

Sure, regardless of whether the man or woman is in schooling or apprenticeship, he is eligible for gratuity, supplied he completes a non-stop period of 5 years of carrier


Is it possible for me to avail of the nomination facility provided by the Gratuity Act?

Upon new employee onboarding, individuals are mandated to complete Form “F” as part of the initiation process. This form necessitates each employee to designate one or more family members, as defined in the Act, who would be entitled to receive the gratuity in the unfortunate event of the employee’s demise.