Assam Tea Plantations Employees Welfare Fund Act, 1959
No: 16 Dated: May, 06 1960
Amendment:- Assam Tea Plantations Employees Welfare Fund (Amendment) Act, 1963
THE ASSAM TEA PLANTATIONS EMPLOYEES WELFARE FUND ACT, 1959
ASSAM ACT No.XVI OF 1960
An Act to provide for the constitution of a Fund for the financing of activities to promote welfare of Tea Plantation employees in the State of Assam and for conducting such activities.
Preamble. - Whereas it is expedient to constitution a Fund for the financing of activities to promote welfare of tea plantation employees in the State of Assam and for conducting such activities.
It is hereby enacted in the Tenth year of the Republic of India ail follows:--
1. Short title, extent and commencement. - (1) This Act maybe called the Assam Tea Plantations Employees Welfare Fund Act, 1959.
(2) It extends to the Stale of Assam.
(3) It shall come into force on such date as the Slate Government may, by notification in the Official Gazette, appoint in this behalf.
2. Definitions. - In this Act, unless the context otherwise requires: -
(1) "Board" means the Assam Employees Welfare Board constituted under section 4;
(2) "Employees" means any person who is employed in or in connection with a plantation for hire or reward to do any kind of work in or in connection with a plantation; but does not include those drawing wages more than Rupees 500 per month.
(3) "Employer" means any person who employs either directly or indirectly any person to do any work in or in connection With a plantation and include a Manager, Superintendent, Proprietor, Agent, Director or Managing Director in-charge of or having the ultimate control over a plantation.
(4) "Fund" means the Assam Employees Welfare Fund constituted under section 3;
(5) "Inspector" means an Inspector appointed under section 11;
(6) "Plantation" means a tea plantation and shall include all tea estates registered under the Tea Art, 1953 (Act 29 of 1953).
(7) "Provident Fund" means a hind as defined in section 2(./) of the Assam Tea Plantations Provident 1 and Scheme Act, 1955 (Assam Act X of 1955);
(8) "Preset ibed" means prescribed by rules mace under this Act,
(9) "Unpaid accumulation" means all payments due to the employee but not made to them within a period of three years from the date they become due whether before or after the commencement of this Act including the wages, bonus or gratuity.
(10) "Wages" means wage as defined in section 2(A) of the Minimum Wages Act, 1918 (Act 11 of 1948;;
(11) "Welfare Commissioner" means the Welfare Commissioner appointed under section 10;
3. Welfare Fund. - (1) There shall be constituted a Fund called the Assam Tea Plantations Employees Welfare Fund and notwithstanding anything contained in any other laws for the time being in force, the sums specified in sub section (2) shall be paid into the Fund.
(2) The Fund shall consist of :
(a) all fines realised from the employees in the course of management of the plantation;
(b) all unpaid accumulations;
(c) all grants from the Stale or Central Government or the Tea Board constituted under the Tea Act, 1953 (Act 29 of 1953);
(d) any voluntary donations;
(e) any sum borrowed under section 8;
(f) any sum unclaimed or forfeited in the Provident Fund Account of the employees.
(3) The sums specified in sub-section (2), shall be collected by such agencies and in such manner and the accounts of the Fund shall be maintained and audited in such manner as may be prescribed:
Provided that any amount drawn by the Fund during a financial year shall not be refundable even if the said amount is not spent within the financial year.