The Assam Gratuity Act, 1992

{
    "id": 14015,
    "slug": "the-assam-gratuity-act-1992",
    "title": "The Assam Gratuity Act, 1992",
    "short_title": "The Assam Gratuity Act, 1992",
    "act_number": "Assam Act No 13 of 1993",
    "act_year": 1992,
    "act_type": "STATE",
    "location": "Assam",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Assam Gratuity Act, 1992",
    "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": "(e) \"Government\" means \"the State Government of Assam\".\n(b) \"Completed year of Service\" means continuous service for one year.\n(c) \"Continuous service\" means the period of service during which an employee is in service without interruption including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence or break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment) lay-off strike or a lock-out or cessation of work not due to any fault of the employees whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act.\n(d) 'Controlling authority' means an authority appointed by the State Government under Section 3 of this Act.\n(e) 'Employee' means any person (other than apprentice) employed on wages not exceeding two thousand and five hundred rupees per month or such higher amount as the State Government may, having regard to the general level of wages, by notification, specify [in any tea plantation or tea factory or works connected thereto] skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical works [Accountants, Medical Staff and teachers] whether the terms of such employment are expressed or implied and whether or not such person is employed in a managerial or administrative capacity.\n(f) 'Employee' means any person who is the proprietor of a tea plantation and tea factory and includes a Managing Agent, Manager, Superintendent, Managing Director, Director Leasee [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 of order of any Court] or any other person who is, for the time being, incharge of any tea plantation or tea factory.\n(g) 'Tea plantation' has the meaning assigned to it in Clause (f) of Section 2 of the Plantation Labour Act, 1951 (Central Act 69 of 1951) where ten or more employees are employed [or were employed on any day of preceding twelve months] .\n(h) 'Tea Factory' means any factory manufacturing tea where ten or more persons are employed or were employed on any day preceding twelve months.\n(i) 'Family' means (i) in the case of male employees, himself, his wife, his children whether married or unmarried including adopted children and his dependent parents and the widow and children of the deceased son of the employee and dependent parents of the wife of the employee, PROVIDED that if an employee proves that his wife has ceased to be entitled to maintenance under the personal law governing him or the customary law of the community to which the spouse belongs she shall no longer be deemed to be a member of the employee's family, unless the employee subsequently intimates by express notice in writing to the Controlling Authority or such other Officer as may be appointed on this behalf, that she shall continue to be so regarded, and\n(ii) in the case of female employee, herself, her husband and children of the employee, the dependent parents of the husband and the widow and children of the deceased son of the employee and her dependent parents, PROVIDED that if an employee by notice in writing to the Controlling Authority or such other officer as may be appointed on this behalf, expresses her desire to exclude her husband from the family the husband shall no longer be deemed to be a member of the employee's family unless the employee subsequently cancels in writing any such notice.\n(j) 'Superannuation' in relation to an employee means the attainment by the employee of such age as is fixed in the contract or conditions of service as the age on the attainment of which the employee shall vacate the employment.\n(k) 'Wages' means all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment and which are paid or payable to him in cash and includes dearness allowances [variable dearness allowances and additional plucking allowance] but does not include any Bonus Commission, House Rent Allowance, overtime wages and any other allowances.\n(l) 'Gratuity' means the wage as defined in clause (k) above payable on the date prior to the date of exit of the employee, except seasonal and daily workers, in which case it should be the average of the last 3 months wages prior to the date of exit, provided that Gratuity wage shall not exceed two thousand five hundred rupees per mensem in any case.\n(m) 'Board of Trustees' means Board of Trustees constituted under para 3 of the Assam Tea Plantations Provident Fund and Pension Fund Scheme, 1968.\n(n) 'Scheme' means the Scheme framed under this Act.\n(o) 'Gratuity Fund' means Gratuity Fund established under the scheme framed under this Act.\n(p) 'Contribution' means a contribution payable by the employer in respect of his employee covered under this Act.\n(q) 'Gratuity Service' means the aggregate of service rendered by the employee rounded to the nearest year. Any interrupted service on account of sickness, accident, leave and cessation of work arising out to of lock-out, strike, or lay-off not due to the fault of the employee before or after the commencement of the Act shall also be taken into account.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Controlling Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Gratuity Fund Scheme.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Administration of the Gratuity Fund.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Contribution.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Power to Exempt.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Transfer of Fund.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Payment of gratuity benefit and to whom payable.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Quantum of gratuity.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Forfeiture of gratuity.",
            "chapter": null,
            "content": "(b) If the services of such employee have been terminated for any act which constituted an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Nomination.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Priority of payment of contributions over other debts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Fund deemed to be recognised gratuity fund under Income-tax Act, 1961.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Protection against attachment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Mode of recovery of money due from the employers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Employer not to reduce wage.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Penalty.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Cognizance of offence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Provision for imposition of damage.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Power of recovery.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Appeal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Inspectors.",
            "chapter": null,
            "content": "(a) require an employer to furnish such information as he may consider necessary in relation to the Scheme;\n(b) enter any office or tea plantation or tea factory at any reasonable time and with such assistance, it any, as he may think fit, and search the same and require any one found in charge thereof to produce before him for examination any accounts, books, registers and other documents in relation to the employment of employee or the payment of wages of employee;\n(c) examine the employee, his agent or servant or any other person found incharge of the office or plantation or factory or whom the Inspector has reasonable cause to believe to be, or to have been an employee in the office or plantation or factory ;\n(d) make copies of, or take extracts from, any book, register or other document maintained in connection with the Gratuity Fund and, where he has reason to believe that any offence under the Act and the Scheme has been committed by an employer, seize, with such assistance, as he may think fit, such books, registers or other documents as he may consider relevant;\n(e) exercise such other powers as the Scheme may provide.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Public servant.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Protection for acts done in good faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Power to remove difficulties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Act to override other enactments.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Power to make rules.",
            "chapter": null,
            "content": "The Schedule\n[( See Section 4 (2)]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "1",
            "title": "1. Employees who shall join the Fund.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "2",
            "title": "2. The time and manner in which contribution shall be made to the Fund by employers on behalf of employees including past Gratuity Liability.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "3",
            "title": "3. The payment by the employer of such sums of money as may be necessary to meet the cost of Inspection and the rate at which and the manner in which the payment shall be made.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "4",
            "title": "4. Functions of the Board of Trustees, including the Constitution of any committee for assisting the Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "5",
            "title": "5. The opening of regional and other offices of the Board of Trustees.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "6",
            "title": "6. The manner in which accounts shall be kept, the investment of money belonging to the Fund in accordance with the directions issued or conditions specified by the Government the preparation of the budget, the audit of accounts and the submission of reports to the Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "7",
            "title": "7. The procedure of collection of all or any sum of moneys due from employers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "8",
            "title": "8. The forms, in which employee shall furnish particulars about himself and his family whenever required.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "9",
            "title": "9. The nomination of a person by a member to receive the Gratuity amount after his death and the cancellation or variation of such nomination.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "10",
            "title": "10. The Registers and records to be maintained in respect of the employees and the returns to be furnished by employers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "11",
            "title": "11. Determination and manner of payment of Gratuity.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "12",
            "title": "12. The cost of actual valuation to be paid by the employer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "13",
            "title": "13. Any other matter which may be necessary or proper for the purpose of implementation of the Scheme.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 12th February, 2020 [ass284]",
        "Act Number": "Assam Act No 13 of 1993",
        "Enactment Date": "",
        "Act Year": "1992",
        "Short Title": "The Assam Gratuity Act, 1992",
        "Type": "STATE",
        "Location": "Assam"
    },
    "updated_at": "2026-09-29 21:55:18"
}