Payment of Gratuity Act, 1972
5.Power to exempt.-
The appropriate Government may, by notification, and subject to
such conditions as may be specified in the notification, exempt any
establishment, factory, mine, oilfield, plantation, port, railway company or
shop to which this Act applies from the operation of the provisions of this
Act, if, in the opinion of the appropriate Government, the employees in such
establishment, factory, mine, oilfield, plantation, port, railway company or
shop are in receipt of gratuity or pensionary benefits not less favorable than
the benefits conferred under this Act.