The Assam Gratuity (Amendment) Act, 2015

R eg is te re d N o .- 76 8/ 97 'MC'Q'N Vljii/J THE ASSAM GAZETTE EXTRAORDINARY PUBLISHED BY THE AUTHORITY 44 5 o r m n , 31 20 17 , 9 *lt'Sct, 1939 C*FF) N o. 44 5 D ispu r, M on da y, 31 st J uly, 20 17 , 9th Sra va na , 1939 (S .E .) G O V E R N M E N T O F A SSA M O R D ER S B Y T H E G O V ER N O R LEG IS LATIV E D EPA R TM EN T : : : LEG IS LATIV E B R A N C H NOTIFICATION The 29th Ju ly, 20 17 No. L G L .1 07 /2 006 /1 35 .- T he fo llow in g Act oT the As sa m Le gi sl at iv e Ass em bl y w hi ch rece iv ed th e ass en t o f the Pre si den t on 19 th J uly , 2017 is he re by p ubli sh ed fo r ge ne ra l in fo rm at io n. ASSAM ACT NO. XXXII OF 2017 (Receiv ed the assent of the Pre sident on 19th July , 2017) THE ASSAM GRATUITY (AMENDMENT) ACT, 2015 2824 THE ASSAM GAZETTE, EXTRAORDINARY, JULY 31, 2017 Preamble Shor t title, extent and comm encement Amendment o f Section 1 Amendment o f Section 2 AN ACT furthe r to amend the Assam Gratuity Act, 1992. Whereas it is expedient further to amend the Assam Gratuity Act, 1992, here inaf ter called the principal Act, in the manner here inafter appear ing . It is he reby enac ted in the Sixty-sixth Year of the Republic of India as follows 1. (1) This Act may be called the Assam Gratuity (Amendment) Act, 2015. (2) It shall have the like extent as the pr incipal Act. (3) It sha ll come into force at once. 2. In principal Act, in section 1, - (i) In sub-section (3), afte r the words “by notif icat ion” and before the punctuation mark , the words “in the official Gazette” shall be in se rte d; (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. 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 o f wages by notification, specify” appearing in between the words “wages” and “to d o”, the words “in any tea plantat ion or tea factory/ or works connected there to” shall be substituted ; (b) in between the words “clerical works” and “whether the terms” , the punc tuation mark and the words , “Accountants, Medical sta ff and Teacher s” shall be inserted : (c) for the exis ting “EXPLANATION ”, the following shall be substitu ted, namely “EX PLAN ATION for the purpose of this clause, the words “Medical S ta ff ’ includes all employees employed for health care, sanita tion, in any work in hospital, dispensary, Medical and Paramedical sta ff and workers; and “Teache r” includes Teachers employed in schools provided by employe rs.” (ii) in clause (f), in between the words “Leassec” and “or any other”, the following words and punctuation marks shall be inserted, namely “Cha irman/ President / Secretary of a co-opera tive Society, person or authority appointed by the Central or the State Government in case of tea plan tations or tea factories belonging to or under the contro l of the Central or State Government, Executive Officer of any othe r body or authority in case of tea planta tions or factory belonging to any other body or authority, person / persons who is/are for the time being in charge of the planta tion or factory on any contract or agreement or by virtue o f order of any co urt” . As sam A ct No . XII I o f 1993 THE ASSAM GAZETTE, EXTRAORDINARY, JULY 31, 2017 2825 Amendment of 4. section 6 Ame ndment of 5. section 9 Amendment of 6. Section 10 (iii) in clause (g), after the words “are emp loyed” appearing at the end, the words “o r ’wer e employed on any day of prec edin g twelve months” shall be inserted; (iv) in clause (h), for the exis ting definit ion, the following defin ition shall be inser ted, namely “(h) ‘Tea Fac tory ’ means any factory' manufacturing tea where ten or more persons are employed or were employed on any day preced ing twelve m onths” ; (v) in clau se (k), in between the words “dearness allowan ces” and “but does not include”, the words “variable dea rnes s allow ance and addition al pluc king allowan ce” shall be inserted and the words “ and any other a llow ances” appearin g at the end shall be deleted . In the principa l Act, in section 6, in sub-section (2), for the figure and word “60.36 percen t”, the figure and word “60 percent” shall be subst ituted . In the prin cipal Act, in sec tion 9,- (l) in betw een the words “resign ation” and “after he” the words and punctua tion m ark “or death o r disableme nt due to acciden t o r disease as the case may be,” shall be inserted ; (ii) afte r the proviso, the following explanation shall be inserted, namely :- “E xpla nation : For the purp oses of this section disa blement means such disa blemen t as incapacita ted an employee for the work which he was capable of perf orming before the accident or disease resulting in such disabl ement .” in the princ ipal Ac t, in sec tion 10,-- (i) for the figure “ 50,000/-”, the figure “ 10,00,000/-” shall be substituted; (ii) belo w the exis ting prov isions, the following Exp lana tion shall be inserted , namely :- “Explanation For every completed year of service or part thereof in excess of six months, gratu ity shall be payab le at the rate of fifteen days wages based on the rate of wages last drawn by the employee conc erned. In ease o f piece rated employee daily wages shall be computed on the average of the total wages received by him for a period of three months immedia tely preceding the termination of his employm ent and in case of a monthly rated employee, the fifteen days wages shall be calc ulat ed by d ivid ing the m onthly rate o f wages last draw n by him by twen ty six and multiply ing the quotient by fifteen.” S. M. BUZAR BARUAH, Commissioner & Secretary to the Government o f Assam, Legislative Department, Dispur. Guwahat i:- Printed and P ublished by the Dy. Directo r (P & S), Directorate of Printing & Stationery, Assam, Guwahati-21. Extraordinary Gazette No. 889 -10 0+ 10 -3 1 -0 7-2 017 . (visit a t- www.dpns.assam.gov.in )