Assam Gratuity (Amendment) Act, 2015
No: 32 Dated: Jul, 31 2017
THE ASSAM GRATUITY (AMENDMENT) ACT, 2015
ASSAM ACT NO. XXXII OF 2017
An Act further to amend the Assam Gratuity Act, 1992.
Preamble:- Whereas it is expedient further to amend the Assam Gratuity Act, 1992, hereinafter called the principal Act, in the manner hereinafter appearing .
It is hereby enacted in the Sixty-sixth Year of the Republic of India as follows
1. Short title, extent and commencement:-(1) This Act may be called the Assam Gratuity (Amendment) Act, 2015.
(2) It shall have the like extent as the principal Act.
(3) It shall come into force at once.
2. Amendment of Section 1:- In principal Act, in section 1, -
(i) In sub-section (3), after the words “by notification” and before the punctuation mark , the words “in the official Gazette” shall be inserted;
(ii) In sub-section (4), after the words “tea factories” appearing before the punctuation mark , the words “within the State of Assam” shall be inserted.
3. Amendment of Section 2:- In the principal Act, in section 2,
(i) in clause (e), -
(a) for the words and punctuation mark “not exceeding two thousand and five hundred rupees per month or such higher amount as the State Government may, having regards to the general level of wages by notification, specify” appearing in between the words “wages” and “to do”, the words “in any tea plantation or tea factory or works connected thereto” shall be substituted ;
(b) in between the words “clerical works” and “whether the terms” , the punctuation mark and the words, “Accountants, Medical staff and Teachers” shall be inserted :
(c) for the existing “EXPLANATION ”, the following shall be substituted, namely:-
“EXPLANATION for the purpose of this clause, the words “Medical Staff’ includes all employees employed for health care, sanitation, in any work in hospital, dispensary, Medical and Paramedical staff and workers; and “Teacher” includes Teachers employed in schools provided by employers.”
(ii) in clause (f), in between the words “Leassec” and “or any other”, the following words and punctuation marks shall be inserted, namely:-
“Chairman/ President / Secretary of a co-operative Society, person or authority appointed by the Central or the State Government in case of tea plantations or tea factories belonging to or under the control of the Central or State Government, Executive Officer of any other body or authority in case of tea plantations or factory belonging to any other body or authority, person / persons who is/are for the time being in charge of the plantation or factory on any contract or agreement or by virtue of order of any court” .
(iii) in clause (g), after the words “are employed” appearing at the end, the words “or were employed on any day of preceding twelve months” shall be inserted;
(iv) in clause (h), for the existing definition, the following definition shall be inserted, namely :-
“(h) ‘Tea Factory ’ means any factory' manufacturing tea where ten or more persons are employed or were employed on any day preceding twelve months”;
(v) in clause (k), in between the words “dearness allowances” and “but does not include”, the words “variable dearness allowance and additional plucking allowance” shall be inserted and the words “ and any other a llow ances” appearin g at the end shall be deleted.
4. Amendment of section 6:- In the principal Act, in section 6, in sub-section (2), for the figure and word “60.36 percent”, the figure and word “60 percent” shall be substituted .