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Forms VII, VIII and IX under the Code on Social Security (Central) Rules, 2026: Gratuity Proceedings and Recovery

The competent authority calls the employer and applicant in Form-VII (also used as a summons for evidence or documents). If the applicant is found entitled, Form-VIII directs the...

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Last updated: September 2026Verified against: Government sources

Once a gratuity dispute reaches the competent authority, three forms are used. Form-VII summons the parties or witnesses; Form-VIII directs the employer to pay what has been found due, within thirty days; and Form-IX lets the claimant ask for recovery under section 129 if the employer does not pay.

Where these forms sit

These forms continue the claim path in rule 33, which starts with Forms IV, V and VI. The Central Rules apply where the Central Government is the appropriate Government; State-sphere employers follow State rules. For the Code provisions, see sections 55 and 56 and section 129 on recovery. If you are an employer facing a gratuity direction, our payroll compliance audit team can help you check records before a hearing.

FormRuleIssued or filed byPurpose
VII33(5) and (8)Competent authorityNotice for appearance, or summons
VIII33(11) and (12)(h)Competent authorityNotice for payment of gratuity as determined
IX33(13)Employee, nominee or legal heirApplication for recovery of gratuity

Form-VII: notice for appearance and summons

When. On receiving a Form-VI application, the competent authority issues a Form-VII notice, electronically, by speed post (with registration) acknowledgement due, or in person, calling the applicant and the employer to appear on a specified date, time and place, either in person or through an authorised representative, virtually or otherwise, with all relevant documents and witnesses (rule 33(5)(a)). Under rule 33(8) the authority may, at any stage, with or without an application, issue summons in Form-VII to any person to give evidence or produce documents.

What the form says, as printed.

  • It is headed "Notice for Appearance before the Competent Authority/Summon (strike out the words not applicable)".
  • The first part recites that an employee, nominee or legal heir has filed an application under rule 33(4) alleging stated facts, with a copy enclosed if a notice (not a summons) is issued.
  • The party is called upon to appear, personally or through an authorised person, to answer all material questions on a stated date and time, and to produce all witnesses and documents relied on, since the day is fixed for final disposal.
  • Default: the application will be dismissed or heard and determined in the absence of the party.
  • A second paragraph summons a person to give evidence or produce the documents listed, in a gratuity claim referred by an application under section 56.
  • Notes: strike out what is not applicable; the summons is issued in duplicate, the duplicate signed and returned by the person served before the date fixed; and a summons only for producing a document is satisfied if the document is produced on the day and hour fixed.

Related rule points. The authority must dispose of the application within six months of receipt, extendable for reasons in writing by up to three more months (rule 33(5)(d)). If the employer does not appear after due service without sufficient cause, the authority may proceed ex parte; if the applicant does not appear, the application may be dismissed; on good cause shown within thirty days the order can be reviewed and the application reheard on not less than fourteen days' notice (rule 33(5)(e)).

Form-VIII: notice for payment

If the authority finds the applicant entitled to gratuity, it issues Form-VIII to the employer, electronically, by speed post (with registration) or in person, specifying the amount and directing payment to the applicant with an intimation to the authority within thirty days of receipt of the notice, with a copy to the applicant (rule 33(11)).

If an appeal has been decided by the appellate authority and the direction needs changing, the competent authority issues Form-VIII again with the modified amount, directing payment within fifteen days of receipt and endorsing copies to the appellant and the appellate authority (rule 33(12)(h)). The appellate authority must decide within six months, extendable by up to three months, and the opposite party replies within fourteen days of receiving the memorandum of appeal (rule 33(12)).

Form-VIII as printed recites that the employee (or nominee or legal heir) filed an application under section 56 before the authority, or that a notice was given requiring payment of a stated sum, that the application was heard in the employer's presence and the authority found the stated amount due; or alternatively that the appellate authority decided that a stated amount is due. It then directs payment within thirty days of receipt with intimation, is signed and sealed by the Competent Authority and copied to the applicant (advised to contact the employer to collect payment) and the appellate authority if applicable.

Form-IX: application for recovery

Rule 33(13): where the employer fails to pay the gratuity due as directed under sub-rule (11) or (12), the employee, nominee or legal heir may apply in duplicate in Form-IX to the competent authority for recovery under section 129.

Form-IX as printed is an "Application for Recovery of Gratuity" before the Competent Authority for Chapter V. It names the applicant and the employer, trust or insurer concerned. It states that the authority directed payment by notice under rule 33(11) or (12) of a stated sum; that the employer failed to pay despite the applicant approaching for payment; and prays that a certificate be issued under section 129 for recovery of the sum due. It is signed by the applicant, dated, with a note to strike out inapplicable words. The mention of a trust or insurer reflects that gratuity may be payable through them.

The rule text does not set a time limit for filing Form-IX and does not describe the recovery steps; see section 129 of the Code and our article on recovery of amounts due.

Example. The competent authority finds an applicant entitled and issues Form-VIII on 1 July directing payment in thirty days. The employer pays nothing. The applicant files Form-IX in duplicate, attaching the Form-VIII notice and stating the amount and that the employer did not pay, and asks for a recovery certificate under section 129.

Need help with a gratuity hearing or recovery?

A summons needs a prepared reply, witnesses and documents, and a direction to pay has a short fuse. Our payroll compliance audit team can help you check gratuity calculations and records before a hearing.

Key takeaways

  • Form-VII summons the parties or witnesses and warns of ex parte or dismissal on default.
  • Form-VIII directs payment within thirty days (fifteen days after an appellate modification).
  • Form-IX seeks a section 129 recovery certificate if the employer does not pay.
  • The authority must dispose of the application within six months, extendable by up to three.
  • State-sphere matters follow State rules.

Read next

Disclaimer: Based on the Code on Social Security, 2020 (as enacted) and, where noted, the Code on Social Security (Central) Rules, 2026 (G.S.R. 344(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.

Quick recapKey facts & short answers

Key Facts About Forms VII

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

What is Form-VII used for?

Notice for appearance before the competent authority, and summons to give evidence or produce documents (rule 33(5), (8)).

How long does the employer have to pay under Form-VIII?

Thirty days from receipt of the notice; fifteen days where the direction is modified after an appeal (rule 33(11), (12)(h)).

Forms VII: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

People also ask

Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

Notice for appearance before the competent authority, and summons to give evidence or produce documents (rule 33(5), (8)).

Thirty days from receipt of the notice; fifteen days where the direction is modified after an appeal (rule 33(11), (12)(h)).

Yes, ex parte, if notice was duly served and there is no sufficient cause (rule 33(5)(e)).

The employee, nominee or legal heir, in duplicate (rule 33(13)).

Section 129 of the Code.

Rule 33(13) states none.