Orissa Payment of Gratuity Rules, 1974
(1) These rules may be called the Orissa Payment of Gratuity Rules, 1974.
(2) These rules shall be deemed to have come into force on the 16th day of September, 1972.
In these rules, unless there is anything repugnant in the subject or context -
(a) "Act" means the Payment of Gratuity Act, 1972;
(b) "appellate authority" means the State Government or the authority specified by the State Government under Sub-section (7) of Section 7;
(c) "form" means a form appended to these rules;
(d) "nomination" means nomination made under Section 6;
(e) "section" means a section of the Act.
(1) Within thirty days of the rules becoming applicable to an establishment, a notice in Form 'A' shall be submitted by the employer to the controlling authority of the area.
(2) A notice in Form 'B' shall be submitted by the employer to the controlling authority of the area within thirty days of any change in the name, address, employer, 1[number of employees] or nature of business.
(3) Where an employer intends to close down the business he shall submit a notice in Form 'C' to the controlling authority of the area at least sixty days before the intended closure.
(1) The employer shall display conspicuously a notice at or near the main entrance of the establishment in bold letters in English and in a language understood by the majority of the employees specifying the name of the officer with designation authorised by the employer receive on his behalf notices under the Act or the rules.
(2) A fresh notice shall be displayed immediately after the notice referred to in Sub-rule (1) becomes illegible or requires a change.
(1) A notice under the proviso to Sub-clause (ii) of Clause (h) of Section 2 shall be in Form 'D' and sent in triplicate by the employee to the employer, who shall, after recording its receipt on one copy thereof return the copy to the employee and send the second copy to the controlling authority of the area.
(2) An employee may withdraw the notice referred to in Sub-rule (1) by giving another notice in triplicate in Form 'E' to the employer, who shall follow the same procedure as in Sub-rule (1).
(1) A nomination shall be in Form 'I' and submitted in duplicate by personal service by the employee, after taking proper receipt or by sending through registered post acknowledgement due to the employer -
(i) in the case of an employee who is already in employment for a year or more on the date of commencement of these rules, ordinarily within ninety days from such date; and
(ii) in the case of an employee who completes one year of service after the date of commencement of these rules, ordinarily within thirty days of the completion of one year of service :
Provided that nomination in Form 'F' shall be accepted by the employer after the specified period, if filed with reasonable grounds for delay, and no nomination so accepted shall be invalid merely because it was filed after the specified
(1) An employee who is eligible for payment of gratuity under the Act, or any person authorised in writing to act on his behalf, shall apply, ordinarily within thirty days from the date the gratuity became payable, in Form 'I' to the employer :
Provided that where the date of superannuation or retirement of an employee is known, the employee may apply to the employer before thirty days of the date of superannuation or retirement.
(2) A nominee of an employee who is eligible for payment of gratuity under the second proviso to Sub-section (1) of Section 4 shall apply, ordinarily within thirty days from the date the gratuity became payable to him, in Form 'J' to the employer :
Provided that an application on plain paper with relevant particulars shall also be accepted. The employer may obtain
(1) Within fifteen days of the receipt of an application under Rule 7 for payment of gratuity, the employer shall -
(i) if the claim is found admissible on verification, issue a notice in Form 'L' to the applicant, employee, nominee or legal heir, as the case may be, specifying the amount of gratuity payable and fixing a date, not being later than the thirtieth day after the date of receipt of the application, for payment thereof, or
(ii) if the claim for gratuity is not found admissible, issue a notice in Form 'M' to the applicant, employee, nominee or legal heir, as the case may be, specifying the reasons why the claim for gratuity is not considered admissible.
In either case a copy of the notice shall be endorsed to the controlling authority.
(
The gratuity payable under the Act shall be paid in cash or if so desired by the payee, in Demand Draft or bank cheque to the eligible employee, nominee or legal heir, as the case may be :
Provided that in case the eligible employee, nominee or legal heir as the case may be, so desires and the amount of gratuity payable is less than one thousand rupees, payment may be made by Postal money order after deducting the postal money order commission therefor from the amount payable:
Provided further that intimation about the details of payment shall also be given by the employer to the controlling authority of the area.
(1) If an employer-
(i) refuses to accept a nomination or to entertain an application sought to be filed under Rule 7; or
(ii) issues a notice under Sub-rule (1) of Rule 8 either specifying an amount of gratuity which is considered by the applicant less than what is payable or rejecting eligibility to payment of gratuity, or
(iii) having received an application under Rule 7 fails to issue any notice as required under Rule 8 within the time specified therein,
the claimant employee, or legal heir, as the case may be, may within ninety days of the occurrence of the cause for the application, apply in Form 'N' to the controlling authority for issuing a direction under Sub-section (4) of Section 7 with as many extra copies as are the opposite party :
(1) On receipt of an application under Rule 10 the controlling authority shall, by issuing a notice in Form 'O' call upon the applicant as well as the employer to appear before him on a specified date, time and place, either by himself or through his authorised representative together with all relevant documents and witnesses, if any.
(2) Any person desiring to act on behalf of an employer or employee, nominee or legal heir, as the case may be, shall present to the controlling authority a letter of authority from the employer or the person concerned, as the case may be, on whose behalf he seeks to act together with a written statement explaining his interest in the matter and praying for permission so to act. The controlling authority shall record thereon an order either according his approval or specifying, in the case of refusal to grant the permission prayed for, the reasons fo
The sittings of the controlling authority shall be held at such times and at such places as he may fix and he shall inform the parties of the same in such manner as he thinks fit.
The controlling authority may authorise a clerk of his office to administer oaths for the purpose of making affidavits.
The controlling authority may, at any stage of the proceedings before him, either upon or without an application by any of the parties involved in the proceedings before him and on such terms as may appear to the controlling authority just issue summons to any parson in Form 'P' either to give evidence or to produce documents or for both purposes on a specified date, time and place.
(1) Subject to the provisions of Sub-rule (2) any notice, summons, process or order issued by the controlling authority may be served either personally or by registered post acknowledgement due or in any other manner as prescribed under the Code of Civil Procedure, 1908 (Act 5 of 1908).
(2) Where there are numerous persons as parties to any proceeding before the controlling authority and such persons are members of any trade Union or association or are represented by an authorised person, the service of notice on the Secretary, or where there is no Secretary, on the principal officer of this trade union or association, or on the authorised persons.
(1) The controlling authority shall record the particulars of each case under Section 7, in Form 'Q' and at the time of passing orders shall sign and date the particulars so recorded.
(2) The controlling authority shall, while passing orders in each case, also record the findings on the merits of the case and file it together with the memoranda of evidence with the order-sheet.
(3) Any record, other than a record of any order or direction, which is required by these rules to be signed by the controlling authority, may be signed on behalf of and under the direction of the controlling authority by any subordinate officer appointed in writing for this purpose by the controlling authority.
If a finding is recorded under Sub-rule (4) of Rule 11 that the applicant is entitled to payment of gratuity under the Act, the controlling authority shall issue a notice to the employer concerned in Form 'R' specifying the amount payable and directing payment thereof to the applicant under intimation to the controlling authority within thirty days from the date of receipt of the notice by the employer. A copy of the notice shall be endorsed to the applicant, employee, nominee or legal heir, as the case may be.
(1) The memorandum of appeal under Sub-section (7) of Section 7 of the Act shall be submitted to the appellate authority with a copy thereof to the opposite party and the controlling authority either through delivery in person or under registered post acknowledgement due.
(2) The memorandum of appeal shall contain the facts of the case, the decision of the controlling authority, the grounds of appeal and the relief sought.
(3) There shall be appended to the memorandum of appeal a certified copy of the finding of the controlling authority and direction for payment of gratuity.
(4) On receipt of the copy of memorandum of appeal, the controlling authority shall forward records of the case to the appellate authority.
(5) Within 14 days of the receip
Where an employer fails to pay the gratuity due under the Act in accordance with the notice by the controlling authority under Rule 17 or Rule 18, as the case may be, the employee concerned, his nominee or legal heir, as the case may be, to whom the gratuity is payable may apply to the controlling authority in duplicate in Form 'T' for recovery thereof under Section 8.
The employer shall display an abstract of the Act and the rules made thereunder in English and in the language understood by the majority of the employees at a conspicuous place at or near the main entrance of the establishment.
[See Sub-rule (1) of Rule 3]
Notice of opening
1. Name and address of the Establishment...............
2. Name and designation of the Employer...............
3. Number of persons employed...............
4. Maximum number of persons employed on any
day during the preceding twelve months with date...............
5. Number of employees covered by the Act...............
6. Nature of industry...............
7. Whether seasonal...............
8. Date of opening...............
&nb
[See Sub-rule (2) of Rule 3]
Notice of change
Name and address of the establishment.................
Take notice that the following changes have taken place with effect from .......in the particulars furnished by me in notice dated ............in Form 'A':
1. Name.................
2. Address.................
3. Name of the employer.................
4. Nature of business.................
5. No. of persons employed.................
6. Maximum number of persons employed on any day during the preceding twelve months with date...
[See Sub-rule (3) of Rule 3]
Notice of closure
Take notice that it is intended to close down the establishment with effect from.................
The other details are furnished below :
1. Name and address of the establishment..................
2. Name and address of the head office, if any.................
3. Name and designation of the employer.................
4. Names of persons in employment.................
5. Number of employees entitled to gratuity.................
6. Amount of gratuity involved.................
&nbs
[See Sub-rule (1) of Rule 6]
Notice for excluding husband from family
From -
1. Name of the female employee.................
2. Name or description of establishment where employed.................
3. Post held with Ticket or Serial No., if any.................
4. Department/Branch/Section where employed.................
5. Permanent address.................
Take notice that I, Shrimati ..................................desire to exclude my husband Shri.................from my family for the purposes of the Payment of Gratuity Act, 1972.
&n
[See Sub-rule (2) of Rule 5]
Notice of withdrawal or notice for excluding husband from family
1. Name of the female employee.................
2. Name or description of establishment where employed.................
3. Post held with Ticket or Serial No., if any.................
4. Department/Branch/Section where employed.................
5. Permanent address.................
Take notice that I, Shrimati ..................................hereby withdraw the notice, dated .................whereby I exclude my husband Shri .................from my family for the purposes of the Payment of Gratuity Act, 1972. The earlie
[See Sub-rule (1 ) of Rule 6]
Nomination
To
(Give here name or description of the establishment with full address).
1. Shri/Shrimati/Kumari................. whose particulars are given
(name in full here)
in the statement below, hereby nominate the person(s) mentioned below to receive the gratuity payable after my death as also the gratuity standing to my credit in the event of my death before that amount has become payable, or having become payable has not been paid and direct that the said amount of gratuity shall be paid in proportion indicated against the name(s) of the nominee(s).
2. I hereby certify that t
[See Sub-rule (3) of Rule 6]
Fresh nomination
To
(Give here name or description of the establishment with full address).
1. Shri/Shrimati................. whose particulars are given in the
(Name in full here)
statement below, have acquired as family within the meaning of Clause (h) of Section (2) of the Payment of Gratuity Act, 1972 with effect from the .................(date here) .................in the manner indicated below to receive the gratuity payable after my death as also the gratuity standing to my credit in the event of my death before that amount has become payable, or having become payable has not been paid and direct that the said amount of
[See Sub-rule (4) of Rule 6]
Modification of nomination
To
(Give here name or description of the establishment with full address).
I, Shri/Shrimati/Kumari.............................whose particulars are given
(Name in full here)
in the statement below, hereby give notice that the nomination filed by me on (date).................and recorded under your reference .................
No .................dated .................shall stand modified in the following manner :
(Here give details of the modifications intended)
Stateme
[See Sub-rule (1) of Rule 7]
Application for gratuity by an employee
To
(Give here name or description of the establishment with full address).
Sir/Gentlemen
I beg to apply for payment of gratuity to which I am entitled under Sub-section (1) of Section 4 of the Payment of Gratuity Act, 1972 on account of my superannuation/retirement/resignation after completion of not less than five years of continuous service/total disablement due to accident/total disablement due to disease with effect from the necessary particulars relating to my appointments in the establishment are given in the statement below :
Statement
1.
[See Sub-rule (2) of Rule 7]
Application for gratuity by a nominee
To
(Give here the name or description of the establishment with full address)
Sir/Gentlemen,
I beg to apply for payment of gratuity to which I am entitled under Sub-section (1) of Section 4 of the Payment of Gratuity Act, 1972 as a nominee of Late .................(name of the employee) who was an employee, of your establishment and died on the .................The gratuity is payable on account of the death of the aforesaid employee while in service/ superannuation of the aforesaid employee on.................../retirement or resignation of the aforesaid employee on.................after completion of .................years of service/to
[See Sub-rule (3) of Rule 7]
Application for gratuity by a legal heir
To
(Give here the name or description of the establishment with full address)
Sir/Gentlemen,
I beg to apply for payment of gratuity to which I am entitled under Sub-section (1) of Section 4 of the Payment of Gratuity Act, 1972 as a legal heir of late .................(Name of the employee) who was an employee of your .................establishment and died on the .................without making any nomination. The gratuity is payable on account of the death of the aforesaid employee while in service/superannuation of the aforesaid employee on the ................. retirement or resignation of the aforesaid employee on the .............
[See Clause (i) of Sub-rule (1) of Rule 8]
Notice for payment of gratuity
To
(Name and address of the applicant/employee/nominee/legal heir)
You are hereby informed as required under Clause (i) of Sub-rule (1) of Rule 8 of the Orissa Payment of Gratuity Rules, 1974 that a sum of Rs........... (Rupees.................) is payable to you as gratuity/as your share of gratuity in terms of nomination made by.................on .................and recorded in this ...... as a legal heir of ......an employee of this establishment.
2. Please call at.................on .................(here specify place) at.................(time) .................for collecting your payment in cash/open or crossed cheque.
[See Clause (ii) of Sub-rule (1) of Rule 8]
Notice rejecting claim for payment of gratuity
To
(Name and address of the applicant/employee/nominee/legal heir)
You are hereby informed as required under Clause (ii) of Sub-rule (1) of Rule 8 of the Orissa Payment of Gratuity Rules, 1974 that your claim for payments of gratuity as indicated on your application in Form...........................under the said rules is not admissible for the reasons stated below :
Reasons
(here specify the reasons)
Place................. Signature of the employer/Authorised Officer
Da
[See Sub-rule (1) of Rule 10]
Application for direction
Before the Controlling Authority under the Payment of Gratuity Act, 1972.
Application Date.................
BETWEEN
(Name in full of the applicant with full address)
And
(Name in full of the employer concerned with full address)
The applicant is an employee of the above-mentioned employer/ nominee of late.................an employee of the above-mentioned employer/ legal heir of late.................an employee of the above-mentioned employer, and is entitled to payment of gratuity under Section 4 of the Paym
[See Sub-rule (1) of Rule 11]
Notice for appearance before the controlling authority
From
The Controlling Authority under the Payment of Gratuity Act, 1972.
To
(Name and address of the employer/applicant)
Whereas Shri............................... an employee under you/a nominee (s) legal heir (s) of Shri..............................an employee under the above-mentioned employer, has/have filed an application under Sub-rule (1) of Rule 10 of the Orissa Payment of Gratuity Rules, 1974 alleging that-
(a copy of the said application is enclosed)
Now, therefore, you are h
[See Rule 14]
Before the Controlling Authority under the Payment of Gratuity Act, 1972.
To
(Name and address)
Whereas your attendance is required to give evidence/you are required to produce the documents mentioned in the list below, on behalf of.................
Case arising out of the claim for gratuity by.................from and referred to this Authority by an application under Section 7 of the Payment of Gratuity Act, 1972, you are hereby summoned to appear personally before this Authority on the day of .................20........ at ........O'clock in the forenoon/afternoon and to bring with you (or to send to this Authority) the said documents.
List o
[See Sub-rule (1) of Rule 16]
Particulars of application under Section.................
1. Serial No.................
2. Date of the application.................
3. Name and address of the applicant.................
4. Name and address of the employer.................
5. Amount of gratuity claimed.................
6. Date of hearing.................
7. Finding with date.................
8. Amount awarded.................
9. Cost, if any, awarded.................
&
[See Rule 17]
Notice for payment of gratuity
To
(Name and address of employer)
Whereas Shri/Smt./Kumari.................of.................an employee under
(address)
you/a nominee(s), legal heirs(s) of late.................an employee under you, filed an application under Section 7 of the Payment of Gratuity Act, 1972 before me;
And whereas the application was heard in your presence on and after the hearing I have come to the finding that the said Shri/Smt./Kumari .................is entitled to a payment of Rs.................a gratuity under the Payment of Gratuity Act, 1972;
&nb
[See Sub-rule (5) of Rule 18]
Notice for payment of gratuity as determined by appellate authority
To
(Name and address of employer)
Whereas a notice was given to you on....................... in Form 'R' requiring you to make a payment of Rs ............................to Shri/Smt./Kumari................. as gratuity under the Payment of Gratuity Act, 1972;
Whereas you/the applicant went in appeal before the appellate authority, who has decided that an amount of Rs.................is due to be paid to Shri/Smt./Kumari.................as gratuity due under the Payment of Gratuity Act, 1972;
Now, therefore, I hereby direct you to pay the said sum of Rs........
[See Rule 19]
Before the controlling authority under the Payment of Gratuity Act, 1972.
Application No................. Date .................
Between
(Name in full of the applicant with address)
and
(Name in full of the employer with full address)
The applicant is an employee of the above-mentioned employer/a nominee of late.................an employee of the above-mentioned employer/a legal heir of late.............................an employee of the above-mentioned employer, and you were pleased to direct the said employer in your notice dated .................the .................under rule.................
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