Assam Tea Plantations Provident Fund and Pension Fund and Deposit Linked Insurance Fund Scheme Act, 1955

{
    "id": 13652,
    "slug": "assam-tea-plantations-provident-fund-and-pension-fund-and-deposit-linked-insurance-fund-scheme-act-1955",
    "title": "Assam Tea Plantations Provident Fund and Pension Fund and Deposit Linked Insurance Fund Scheme Act, 1955",
    "short_title": "Assam Tea Plantations Provident Fund and Pension Fund and Deposit Linked Insurance Fund Scheme Act, 1955",
    "act_number": "(Assam Act 10 of 1955)",
    "act_year": 1955,
    "act_type": "STATE",
    "location": "Assam",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Assam Tea Plantations Provident Fund and Pension Fund and Deposit Linked Insurance Fund Scheme Act, 1955",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(1) [***]\n[(a)] \"Contribution\" means the deduction from the wages of an [employee] for deposit to the [Provident Fund] [or Insurance Fund] and the amount payable by the employer in respect of each [employee] to the [Provident Fund] [or insurance Fund] under the Scheme.\n[(b)] \"Employer\" means any person who is the peoprietor of a plantation and including a Managing Agent. Manager, Superitendent, [Managing Director, Director] or any other person who is in-charge of any plantation.\n[(c)] [ \"Fund\" ] means the Provident Fund or the Pension Fund, [or Insurence Fund] ,as the case may be established under the Scheme.\n[(d)] [ \"Employees\" ] means any person who is employed(including aprentice)to do any skilled or unskilled,manual or clerical work in or in connection with a plantation including its local head office,office,factory,workshop,school or hospital and who gets his wages directly or indirectly from the employer,but does not include a person whose total wages exceed [(Rs.6500/-(Rupees six thousand five hundred)] per mensem inclusive of dearness allowance and value of food concession,or a person working under a contractor in work not directly with connected with cultivation and manufacture of tea.\n[(e)] \"member\" means a of [Provident Fund] or the Pension Fund, [or Insurance Fund] , as the case may be,\n[(f)] [ \"plantation\" ] means any tea plantation or [tea factory] :\n[(i) with an area of not less than 5 hectares under tea where ten or more employees are employed or were employed on any day of the twelve months preceeding the enforcement of the Scheme and where the crop basis under the Tea Act of 1953 (Act XXIX of 1953) is more than 255 Kg. per hectare or green leaf of more than 1022 kg. per hectare as the case may be or]\n[(ii) with an area of not less than 10 hectores under tea where ten more employees are employed or were employed on any day preceeding twelve months of the enforcement of the Scheme or]\n[(iii) any tea factory manufacturing tea where ten or more employees are employed.]\n[(iv) Notwishstanding anything contained in sub-clause (i), (ii) and (iii) of this clause where it appears to the State Government, whether on an application made to it i this behalf or otherwise, that the employer and the majority of employees in relation to any establishment have agreed that the provisions of this Act should be made applicable to the establishment, it may, by notification in the Official Gazette, apply the provisions of this Act to that establishment on and from the date of such agreement or any subsequent date specified in such agreement.]\n[(g)] \"scheme\" means the Assam Tea plantation Provident Fund (1)(and Pension Fund) [or the Insurance Fund] Scheme framed under Section 3 (1).\n(h) \"Wages\" means any amount capable of being expressed in terms of money for the time being payable to an employee by the employer for works in or in connection with a plantation and includes dearnes allowance, value of foo concession, amount payable for plucking whether calculated on time or piece rates or otherwise, and leave with wages and maternity allowances or benefits, but does not include-\n(a) bonus or\n(b) Commission.\n(i) \"Interest\" means the amount payable at the rate of 15 per cent per annum by the Employer over the cobined dues of Employees and Employer's share of contribution following default in depositing within 30 (thirty) days of its collection.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Compulsory Provident Fund, [Pension and Insurance] Scheme.",
            "chapter": null,
            "content": "(b) The Cenral Gvernment may contribute to the Insurance Fund in relation to each employee covered by the Scheme, an amount representing one-half of the contribution which an employer is required by clause (a) to make.\n(c) The employer shall pay into the Insurance Fund such further sum of money, not exceeting one-forth of the contribution which he is required to make under clause (a) as the Board may, with due approval of the Government from time to time, determine to meet all the expenses in connection with the administration of Insurance Scheme.\n(d) The Central Government may pay into the Insurance Fund such further sum of money representing one-half of the sum payable by the employer under clause (c) to meet all the expenses in connection with the administration of Insurance Scheme.\n(e) The Insurance Fund shall vest in the Board of Trustees and shall be administered by it in such manner as may be specified in the Scheme.\n(f) The Insurance Scheme may provide that any of its provisions shall take efect either prospectively or retrospectively on such date as may be specified in this behalf in that Scheme.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Date of operation of the Scheme.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Modification of the Scheme.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Protection against attachment.",
            "chapter": null,
            "content": "7. penalties.\n(a) Which shall not be less than one year and a fine of rupees ten thousand in case of default in payment of the employee's contribution which has been deducted by the employer from the employee's wages\n(b) Which shall not be less than six month in any other case and shall also be liable to fine which may extend to five thousand rupees.]\n[7A.\n[7AA.\n[7B.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "8",
            "title": "8. Employer not to reduce wages.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "9",
            "title": "9. Inspectors.",
            "chapter": null,
            "content": "(a) require an employer or member to furnish such information as he may consider necessary for the purpose of the Scheme ;\n(b) at any reasonable time, after sunrise and before sunset enter any plantation or its office and require any one in charge thereof to produce before him such accounts, books, registers and other documents relating to the Scheme and employment of persons in the plantation as he may consider necessary ;\n(c) examine, with respect to any matter relevant to any of the purposes aforesaid, the employer, his agent or servant or any other persons found in charge of the plantation or its office or whom the Inspector has reasonable ground to believe to be or to have been an employee in the plantation ;\n(d) exercise such other powers as may be assigned by the Government or the Board constituted in accordance with the provisions of the Scheme, with previous approval of the Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "10",
            "title": "10. Priority of payment of contribution over other debts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "11",
            "title": "11. Responsibility of collection of contribution.",
            "chapter": null,
            "content": "[11A.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "12",
            "title": "12. Power to snake rules.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "13",
            "title": "13. Protection for acts done in good faith.",
            "chapter": null,
            "content": "[14. Accuulation in the Provident Fund to be transferred to the Fund established under the Scheme.\n[15. Mode of recovery of money due from employer.\n[16. Power to recover damages.\n[16A.\n[16B.\n[17. Power to remove difficulties.\nThe Schedule\n(See Section 3)\nMatters To Be Provided For In The Scheme\n(b) The constitution of Primary Committee in each (14) tea plantation or tea factory with two representatives of the employer including the Manager or Superintended or the Manager shall be the Chairman, and two representatives of the [workers] to be nominated by [workers] concerned.\n(ii) The fixation of the rate of interest payable to members.\n(iii) The payment by the employer of such sums of money as may be considered necessary by the Board of Trustees to meet the cost of administration of the [Provident Fund] and the rate at which and the manner in which such payment shall be made.\n(b) The manner in which a Primary Committee may retain a portion of the fund in accordance with the directions of the Board or relevant provisions in the Scheme.\n(b) The manner of investment of the whole or any portion of the amount set apart for pensionary, retirement or gratuity benefits in Government Securities by the Board of Trustees.]\n(ii) The manner of investment of money belonging to the insurance Fund.\n(iii) The scales of assurance amount which shall not be less than the balance in the account of the employees concerned in the Provident Fund or more than rupees [one lakh.]\n(iv) The minimum balance to be maintained by an employee in the Provident Fund to make him eligible for the benefits under Insurance Scheme.\n(v) The manner in which the amount-due to the nominee of the member of the family of the employee under the Insurance Schemes is to be paid.]\n[(vi) The health care assurance benefit to be provided by the hospitals established under the Scheme to the extent as may be determined by the Board of Trustees under sub-para (viii) of this paragraph, which shall be in addition to any other benefits as admissible to them under the existing Health Care Schemes of the State and the Central Governments, respectively;\n(vii) The determination of the cost of administration and maintenance of such hospitals in consultation with the Government of Assam which shall be borne by the State Government;\n(viii) The limit of health care assurance to be claimed by an employee under sub-para (vi) which shall be within the limit as determined under this sub-paragraph by the Board of Trustees constituted under para 1(a) of the Schedule to this Act with the approval of the Government of Assam;\n(ix) The manner in which the requirement of land for construction of hospitals to be established under the Scheme is to be submitted to the Government of Assam, which the State Government is to provide subject to availability of Government land.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 12th February, 2020 [ass339]",
        "Act Number": "(Assam Act 10 of 1955)",
        "Enactment Date": "",
        "Act Year": "1955",
        "Short Title": "Assam Tea Plantations Provident Fund and Pension Fund and Deposit Linked Insurance Fund Scheme Act, 1955",
        "Type": "STATE",
        "Location": "Assam"
    },
    "updated_at": "2026-09-29 21:55:18"
}