REGISTERED NO . DL-(N)04/0007/2003-09
रजिस्ट्री से डी एल (एन) 04/0007/2003-09
भारत का राजपत्र The Gazette ofIndia
असाधारण
EXTRAORDINARY
भाग II- खण्ड 1
PART II- Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
नई दिल्ली, बृहस्पतिवार, दिसम्बर 31 , 2009/ पौष 10 , 1931
सं॰ 54] No. 54] NEW DELHI , THURSDAY, DECEMBER 31 , 2009 / PAUSA 10 , 1931
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके । Separate paging is given to this Part in order that it may be filed as a separate compilation .
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 31st December , 2009/Pausa 10, 1931 ( Saka)
The following Act of Parliament received the assent of the President on the 31stDecember , 2009 , and is hereby published for general information:-
THE PAYMENT OF GRATUITY (AMENDMENT) ACT, 2009
(No. 47 OF 2009)
[31st December, 2009.]
AnAct further to amend the Payment of Gratuity Act , 1972.
BE itenacted by Parliament in the Sixtieth Year of the Republic of India as follows:--
1. (1 ) This Act may be called the Payment of Gratuity (Amendment ) Act , 2009 . Shorttitle and com- mencement .
(2) Itshall be deemed to have come into force on the 3rd day ofApril , 1997 .
39 of 1972.
Amendment of section . 2 2. In the Payment of Gratuity Act , 1972 (hereinafter referred to as the principal Act) , in section 2 , for clause ( e) , the following clause shall be substituted , namely:-
' ( e ) " 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 , butdoes not include any such person who holds a post under the Central Government or a StateGovernment and is governed by any other Act or by any rules providing for payment ofgratuity;' .
2
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-SEC. 1 ]
3.After section 13 of the principal Act , the following section shall be inserted, namely:-
Insetion of new section 13A.
Validation of payment of gratuity.
"13A. Notwithstanding anything contained in any judgment , 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 ofthe 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 . ".
V. K. BHASIN,
Secy, to theGovt. of India.
PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHL 2009
GMGIPMRND-5740GI ( S5 )-04.01.2010 .