33(1)

33(a) An employee who is eligible for payment of gratuity under the Code, or any person authorised, in writing, to act on his behalf, shall apply, ordinarily within a period of thirty days from the date the gratuity became payable, in Form-IV 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: Provided further that an employee on fixed term employment shall be eligible for gratuity, if he renders service under the contract for a period of at least one year and for subsequent period in excess of six months and more, but less than one year, shall be rounded off to one additional year.

33(b) A nominee of an employee who is eligible for payment of gratuity under the third proviso to subsection (1) of section 53 shall apply, ordinarily within thirty days from the date gratuity became payable to him, in Form-IV to the employer: Provided that an application in plain paper with relevant particulars shall also be accepted and the employer may obtain such other particulars as may be deemed necessary by him.

33(c) A legal heir of an employee, who is eligible for payment of gratuity under the third proviso to subsection (1) of section 53, shall apply, ordinarily within one year from the date gratuity became payable to him, in Form-IV to the employer;

33(d) Where gratuity becomes payable under the Code before the commencement of these rules, the periods of limitation specified in clauses (a), (b) and (c) shall be deemed to be operative from the date of such commencement;

33(e) An application for payment of gratuity filed after the expiry of the periods specified in this rule shall also be entertained by the employer, if the applicant adduces sufficient cause for the delay in preferring his claim, and no claim for gratuity under the Code shall be invalid merely because the claimant failed to present his application within the specified period and any dispute in this regard shall be referred to the competent authority for his decision.

33(f) An application under this rule shall be presented to the employer either electronically or by personal service or by speed post (with registration).