The Assam Tea Plantations Employees Welfare Fund 1959
The 6th May 1960

**.** **No.LJL.42/58.—The following Act of the Assam Legislative** **Assem­**

bly which received the assent of the President is hereby published for

general information.

: .                                                                       - ' A                                                                       -

**i (Received the assent of the President on the 27th April 1960)**

**ASSAM ACT No.XVI OF 1960**

THE ASSAM TEA PLANTATIONS EMPLOYEES WELFARE FUND

i ACT, 1959

(As passed by the Assembly)

: [Published in the Assam Gazette, Extraordinary, dated the 6th May 1960]

_An_

_Act_

_to provide fo r the constitution o f a Fund fo r the financing o f activities to promote_

_lelfare o f Tea Plantation employees in the State o f Assam and fo r conducting such_

_activities._

I "  -

**Preamble.—Whereas it is expedient to constiijte a Fund for the**

nancing of activities to promote welfare of tei plant* ton employees in **the**

(State of Assam and for conducting such activities ;


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It is hereby enacted in the Tenth year of the Republic of India ail

follows:--

1. **Short title, extent** and emum encem ent.-—(I) 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 a; the Slate Government may,'

by notification in the Official Gazette, appoint in this behalf.

**2. Definitions.** -In this Act, unless the context otherwis • requires:—

(1) “ Board” means the Assam Employees Welfare Board constituted

under section 4 ;

(2) “ Employees” means any person who is employed in or in connec­

tion with a plantation for hire or reward to do any kind of work in or in

conne lion 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 undtr the Tea Art, ‘953 (Act 29 of 1953).

(7) “Provident Fund” means a hind as defined in section 2(./) of the

Assam Tea Plantations Provident l and Scheme Act, 1955 (Assam Act X of

(955) ;

(3) ‘‘Preset ibed” means prescribed by rules inaue under this A ct,
(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 befoie or after the commencement cf this Act includ­
ing the wages, bonus or gratuity.

(10) “ Wages” means wage.; as defined in section 2(A) of the Minimum

Wages Act, 1918 (Act 11 ol 1948; ;

(11) “ Welfare Commissioner” means the Welfare Commissioner ap­

pointed under section 10 ;

3. **Welfare Fund.--II)** 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 le a

Board constituted under the Tea Act, 1953 (Act 29 of 1953) ;


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(</) any voluntary donations;

_(e) any sum borrowed under section 8;_
( / ) 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 main­
tained 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.

4. **Constitution o f the Board.—** (1) The State Government shall, by

notification in the Official Gazette, constitute the Board for the purpose
of administering the fund and to carry on such other functions assigned to
the Board by or under this Act. The Board shall consist of the following

Members, namely.:—

(<j) such number as may be prescribed, of representatives of employ­

ers and employees to be nominated by the State Government:

Provided that both employers and employees sh ill have equal represen­

tation on the Board ;

_(b) such number of independent_ Members as may be prescribed

nominated by the Slate Govern ment of which at least one shall

be woman ;

(c) such number of officials as may be prescribed, nominated by

Government of whom one shall be Chairman:

Provided that the number of officials should r ot exceed one-third the

total number of members of the Board

(2) Save as otherwise expressly provided b/ this Act, the term of office-

of the Members of the Board shall be three years commencing on the da e

on which their names are notified in the Official Gazette.

(3) The allowances, if any, payable to the Members of the Board and

the conditions of appointment of the representatives of tire employers and
employees shall be such as may be prescribed.

(4) The Board shall be a body corporate by the name of the Assam

Tea Employees Welfare Board, having perpetual succession and a common

seal, with power to acquire property both movable and immovable, and

shall by the said name sue and be sued.

5. **Disqualification and rem oval.** (I) No person shall be chosen

as, or continue to be a Member of the Board who—

(a) is a salaried official of the Board ; or ,

_(b) is or at any time has been_ adjudged insolvent or has suspended

payment of his debts or has compounded with his creditors ;
or


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**_(c) is found to be a lunatic or becomes of unsound mind ; or_**
(d) is or has been convicted of any offence involving moral turpitude. S

**(2)** The State Govei nment may remove from office any member who—

(fl) is or has become subject to any of the disqualifications mention- /

ed in sub-section (1) ; or

(ft) is absent without leave of the Board for more than three cop*

secutive meetings of the Board.

**6.** **R esignation o f office by m em ber and filling up o f casual**

**vacancies.— (1) A member may resign his office bv giving notice thereof m**
writing to the State Government, an I on such resignation being accepted, J
shall be deemed to have vacated his office.

(2) A casual vacancy in the office o' a member shall be filled up,

as soon as conveniently may be, by nomination by the State Government
and a member so nominated shall hold office for the unexpired portion of
the term of the office of his predecessor.

(3) No act or proceedings of the Board shall be questioned on the

ground merely of the existence of any vacancy in, or any delect in const!tu- j
tion of the Board.

7. **V esting and application o f Fund.—-(1) The Fund shall vest in**

and be held and applied by the Board as Trustees subject to the provision
and for the purposes of this Act. The Fund shall be applied to meet

expenditure in connection with measures which in the opinion of

the State Government are necessary for promoting the welfare of employers
employed in plantations in Assam.

(2) On such vesting of the fund in the Board as provided in sub­

section (1) the liabilities of the employer to the employee in respect of
unpaid accumulation shall be discharged and transferred to the Board.

(3) Without prejudice to the generality of sub-section (1), the inotieys

in the Fund may be utilized by the Board to defray expenditure on the

following.—

(a) Adult education and literacy drive ;
(ft) community and social education centres including reading tooms

and libraries ;

(c) community necessities ;
(rf) games and sports ;
(«) excursions, tours and holiday homes ;

( / ) entertainment and other forms of recreations;

(g) home industries and subsidiary occupations for women and

unemployed persons;          -

(ft) corporate activities of a social nature ;
(i) cost of administering the Act including the salaries and allowan­

ces of the staff appointed for the purposes of the A ct; and


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(j) such other objects as would, in the opinion of the State Govern- .

ment, improve the standard of living and ameliorate the social
conditions of employees:

Provided that the Fund shall not be utilized in financing any measures

which the employer is required under any law for the time being in force

t o carry o u t:

Provided further that unpaid accumulations and fines shall be paid to

the Board and be expended by it under this Act notwithstanding anything
contained in the Payment of Wages Act, 1936 (Act 4 of 1936), or any other
law for the time being in force.

8. **Power o f Board to borrow and invest the Fund.—The Board**

may, from time to time, with the previous sanction of the State Government
and subject to the provisions of this Act and to such conditions as may be

specified in this behalf, borrow and invest any sum required for the purpose
of this Act.

9. **Direction by State Government to Board.—The State Govern­**

ment may give the Boaid such directions as in its opinion are necessary or
expedient in connection with expenditure from the Fund or for carrying
out the other purposes of the Act. It shall be the duty of the Board to

comply with such directions.

10. **Appointment o f Welfare** **C om m issioner and his staff.— (1)**

1 he Board may employ a Welfare Commissioner with the previous approval

of the State Government and on such condition and for such period as the
State Government may specify. The Welfare Commissioner shall be the

principal executive officer of the Board.

**(2)** The Board shall have power to appoint the necessary clerical and

executive staff to carry out and supervise the activities financed from the

Fund.

(3) The Board may set up such number of Regional Offices as is

considered suitable.

(4) The Board, with the approval of the State Government may

make regulations regarding recruitment, pay and allowances, discipline,
superannuaticn benefits, and other conditions of service of the member
of the staff.

11. **Appointm ent o f Inspectors.— (1) The State Government may**

appoint Inspectors to inspect records in connection with the sums payable
into the Fund.

(2) Any Inspector may—

(a) with such assistance, if any, as he thinks fit enter at any

reasonable time any premises for carrying out the purposes of
this Act ;


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(&) exercise such other powers as may be prescribed.

12. **Mode of recovery of** sum s **payable into Fund, e tc —Any**

sum payable into the Fund under this Act shall, without prejudice to
any other mode of recovery, be recoverable on behalf of the Board as
an arrear of land revenue.

13. **Power to dissolve the Board.—(J) If the State Government is**

satisfied **that** the Board has made default in performing any duties imposed
on it by or under this Act or has abused its power, the State Government
may, by notification in the Official Gazette, dissolve and reconstitute
the Board under section 4:

Provided that before issuing the m filiation, the State Government

shall give a reasonable opportunity to Board to show cause why it

should not be dissolved and shall cons; c i the explanations and objec­

tions, if any, of the Board.

(2) After the. Board is dis; lived and until it is reconstituted, the

powers, duties and function of the !’«'•.•..! under this Act shall be exercised
or performed by the State Government <;-r by such officer or officers, as the

State Government may appoint for ibis purpose.

11. Rules.—-(I) T 'no State (mveiimxm may, by notification in the

official Gazette and subject to the ..mi ion ot previous publication, make

rules to carry out the purposes of tin.; Act.

(2) In particular and without prejudice to the generality of the

foregoing power, such rules mav be made for all or any of the following
matters, name'y:—

(a) the agency for the manner of collection of sums specified in

sub-section (3) of Section 3; and the period within which the
same shall be paid to the ere lit. of the Fund ;

(/>) the manner in which the accounts of the Fund shall be maintain­

ed and audited under sub section (3) of Section 3 ;

(r) the procedure for defraying the expenditure incurred in administe­

ring the Fund ;

(d) the manner in which the Board shall conduct their business ;

(e) the duties and powers of the Inspectors and the terms and

conditions of service of the Welfare Commissioner ;

( / ’) the registers and records to be maintained under the Act;

(^) the publication of the report o ’ the activities financed from

the Fund together with a statement of accounts ;


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(A) any other matter which under this Act is or m aybe prescri-.

bed.

(3) All rules made under this section shall be laid for not less than

fourteen days before the Assam Legislative Assembly as soon as possible

after they are made, and shall be subject to such modifications as the
Legislative Assembly may make during the session in which they are
so laid or the session immediately following.

**15. M embers o f Board,** **Welfare** **C om m issioner,** **Inspectors**

**and all officers and servants** of **Board to be public servants.—The**

members of the Board, the Welfare Gommissioner, Inspector and all

officers and servants of the Board shall be deemed to be public servants
within the meaning of section 21 of the Indian Penal Code, I860 (Act 45 of

1860).

16. **Protection to persons acting in good faith.—No suit, pro­**

secution or other legal proceedings shall lie against any person for
anything which is in good faith done or intended to be done under this Act.


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