The Assam Gratuity (Amendment) Act, 2015
Reg istere d N o.-76 8/97

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# THE ASSAM GAZETTE

### EXTRAORDINARY

#### PUBLISHED BY THE AUTHORITY

44 5 **orm n , 3** 1 20 17 , 9 *lt'Sct, 1939 C*FF)

No. 44 5 Dispu r, M on da y, 31 st J uly, 20 17 , 9th Srava na , 1939 (S .E .)

G O VERNM EN T O F ASSAM

ORDERS BY TH E GO VERNO R

LEGIS LATIV E DEPARTM ENT : : : LEGIS LATIV E BRAN CH

##### NOTIFICATION

The 29th July, 20 17

##### No. L G L .1 07/2 006/1 35.- T he fo llow ing Act oTthe As sa m Le gislative Assem bl y w hi ch rece ived 

th e ass en t o f the Pre siden t on 19th July , 2017 is he reby p ublish ed for ge ne ral info rm ation.

##### ASSAM ACT NO. XXXII OF 2017

 (Received the assent of the President on 19th July, 2017)

 THE ASSAM GRATUITY (AMENDMENT) ACT, 2015


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##### 2824 THE ASSAM GAZETTE, EXTRAORDINARY, JULY 31, 2017

## AN
 ACT

further to amend the Assam Gratuity Act, 1992.

Preamble Whereas it is expedient further to amend the Assam Gratuity Act, 1992, Assam Act

hereinafter called the principal Act, in the manner hereinafter appearing .

No. XIII of

1993

It is hereby enacted in the Sixty-sixth Year of the Republic of India as

follows

Short title, 1. (1) This Act may be called the Assam Gratuity (Amendment) Act, 2015.
extent and
commencement

(2) It shall have the like extent as the principal Act.

(3) It shall come into force at once.

Amendment o f 2. In principal Act, in section 1, -
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

inserte 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.

Amendment of 3. In the principal Act, in section 2,
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 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 o f order of any court”.


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##### THE ASSAM GAZETTE, EXTRAORDINARY, JULY 31, 2017 2825

(iii) in clause (g), after the words “are employed” appearing at the end, the
words “o r’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 m onths”;

###### (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 allowances” appearing at the end shall be deleted.

Amendment of 4. In the principal Act, in section 6, in sub-section (2), for the figure and word

section 6 “60.36 percent”, the figure and word “60 percent” shall be substituted .

Amendment of 5. In the principal Act, in section 9,-

section 9

(l) in between the words “resignation” and “after he” the words and

punctuation mark “or death or disablement due to accident or disease as the
case may be,” shall be inserted ;

(ii) after the proviso, the following explanation shall be inserted, namely :-

“Explanation : For the purposes of this section disablement means such
disablement as incapacitated an employee for the work which he was
capable of performing before the accident or disease resulting in such
disablement.”

Amendment of 6. in the principal Act, in section 10,--

Section 10 (i) for the figure “ 50,000/-”, the figure “ 10,00,000/-” shall be substituted;

(ii) below the existing provisions, the following Explanation shall be

inserted, namely :-

“Explanation For every completed year of service or part thereof

in excess of six months, gratuity shall be payable at the rate of fifteen
days wages based on the rate of wages last drawn by the employee
concerned.

In ease of piece rated employee daily wages shall be computed on

the average of the total wages received by him for a period of three
months immediately preceding the termination of his employment and
in case of a monthly rated employee, the fifteen days wages shall be

calculated by dividing the monthly rate o f wages last drawn by him by
twenty six and multiplying the quotient by fifteen.”

##### S. M. BUZAR BARUAH,
 Commissioner & Secretary to the Government o f Assam,
 Legislative Department, Dispur.

Guwahati:- Printed and Published by the Dy. Director (P & S), Directorate of Printing & Stationery, Assam, Guwahati-21.

Extraordinary Gazette No. 889 -100+ 10 -31 -0 7-2 017. (visit at- www.dpns.assam.gov.in)


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