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Section 9, Payment Of Gratuity Act 1972: Penalties

Section 9 of the Payment of Gratuity Act, 1972 — 'Penalties', reads as follows:

(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 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.





Extra Notes for Readers

(1) Section 9 amendments by the Payment of Gratuity (Amendment) Act, 1987, s. 9, (w.e.f. 1-Oct-1987):

 o in sub-section (1), for the words "one thousand rupees", the words "ten thousand rupees" was substituted;

 o in sub-section (2), for the words "which may extend to one year, or with fine which may extend to one thousand rupees, or with both", the words "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" was substituted;

 o in the proviso to sub-section (2), for the words "three months", the words "six months but which may extend to two years" was substituted.






This page was last updated on 29th March 2018.

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