The Assam Gratuity (Amendment) Act, 2015

R eg is te re d N o .- 76 8/ 97
'M C 'Q 'N  V lj ii /J
THE ASSAM GAZETTE
EXTRAORDINARY
PUBLISHED BY THE AUTHORITY
44 5 o r m n , 31  20 17 , 9 *lt 'Sct,  19 39  C* FF )
N o.  44 5 D is pu r, M on da y,  31 st  J uly, 20 17 , 9th  Sra va na , 19 39  (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 E R N O R  
LEG IS LA TIV E D EPA R TM EN T : :  : LEG IS LA TIV E B R A N C H
NOTIFICATION
The  29th  July,  20 17
No. L G L .1 0 7 /2 0 0 6 /1 3 5 .- T h e fo llow in g A ct  oT the  As sa m  Le gi sl at iv e Ass em bl y w hi ch  re ce 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  O F 2017  
(Receiv ed the asse nt 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 
Sectio n 1
Amendment o f 
Sectio n 2
AN
ACT
furthe r to amend the Assam Gratuity Act, 1992.
Whereas it is expe dient further to amend the Assam Gratuity Act, 1992, 
hereinafter called the principal Act, in the manner hereinafter appearing .
It is he reby enacted in the Sixty-sixth Year of  the Republic of  India as
follow s
1 . (1) This Act may be called the Assam Gratuity (Ame ndme nt) Act, 2015.
(2) It shall have the like extent as the principal Act.
(3) It shall come into force at once.
2. In principal Act, in section 1, -
(i) In sub-section (3), after the words “by notif ication” and before the 
punctuatio n mark , the words “in the official Gazette” shall be 
in se rte d;
(ii) In sub-section (4), after the word s “tea factories” appe aring before the 
punctuatio n 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 word s and punctuation mark “not exceeding two thousand and five 
hundred rupe es per month or such higher amount as the State Government 
may, having regards to the general level o f wages by notification, specify” 
appe aring in between the words “wages” and “to d o”, the words “in any tea 
plantation or tea facto ry/ or works connected thereto” shall be substituted ;
(b) in betw een the words “clerical works” and “whether the terms” , the 
punctuation mark and the words, “Accountants, Medical sta ff and 
Teacher s” shall be inserted :
(c) for the existing “EXPLANA TION ”, the following shall be substituted, 
namely
“EX PLAN ATION for the purpose of  this clause, the words “Medical 
Sta ff ’  includes all employees employed for health care, sanitation, 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 
follo wing  words and punctuation marks shall be inserted, namely
“Cha irman/ President / Secretary of  a co-operative Society, person or 
authority  appointed by the Central or the State Government in c ase of  tea 
plantations or tea factories belonging to or under the control of the Central 
or State Governme nt, 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 of 
1993

THE ASSAM GAZETTE, EXTRAORDINARY, JULY 31, 2017 2825
Ame ndment of  4. 
section 6
Ame ndm ent of 5. 
section 9
Amendment of  6. 
Sectio n 10
(iii) in clause (g), after the words “are emp loye d” appearing at the end, the 
word s “o r’wer e employed on any day of  prec edin g twelve months” 
shall be inserted;
(iv) in clause (h), for the existing definition, the following definition shall 
be inserted, namely
“(h) ‘Tea Fac tory ’ means any factory' m anufact uring tea where ten or 
more  persons are employed or were employed on any day preced ing 
twelv e m onths”;
(v) in clau se (k), in betw een the word s “dearness  allo wan ces” and “but 
does not include”, the word s “variable  dea rnes s allow ance and 
addition al pluc king allowan ce” shall be inserted and the words “ and 
any oth er a llow ances” appearin g at the end shall be deleted.
In the prin cipa l Act, in section 6, in sub-section (2), for the figure and word 
“60.36 percent”, the figure and word “60 p ercent” shall be substituted .
In the prin cipal Act, in section 9,-
(l) in betw een the words “resign ation” and “after he” the words and 
punctua tion m ark “or death o r dis ableme nt due to acciden t or dise ase as the 
case  may be,” shall be inserted ;
(ii) after the proviso, the follo wing  explanation shall be inserted, namely :-
“E xpla nation :  For the purp oses of this sectio n disa blement means such 
disa blemen t as incapacitated an employee for the work which he was 
cap able of perf orm ing before the accide nt or disease resulting  in such 
disabl em ent .”
in the principal Act, in section 10,--
(i) for the figure “ 50,000/-”, the figure “ 10,00,000/-” shall be substituted;
(ii) belo w the existing provisions, the follo wing Exp lana tion shall be 
inserted, namely :-
“Explanation For ever y completed year of service or part thereof 
in excess of six months, gratu ity shall be payab le at the rate of  fifteen 
day s wage s based on the rate of  wages last drawn by the employee 
conc erne d.
In ease  o f piece rated employee daily wages shall be computed on 
the  average  of  the total wage s received by him for a period of  three 
months  immediately preceding the termination of his emp loym ent and 
in case of a  monthly rated employee, the fifteen days wage s shall be 
calc ulated by divid ing the m onthly rate o f wages last draw n by him by 
twen ty six and multiplying the quotient by fifte en.”
S. M. BUZAR BAR UAH,
Commissioner & Secretary to the Government o f Assam, 
Legislative Department, Dispur.
Gu wa hat i:- Printed and P ublishe d by the Dy. Director (P & S), Directorate of  Printing & Stationery, Assam, Guwahati-21. 
Extra ordin ary Gazette No. 889 -10 0+  10 -3 1 -0 7-2 017. (visit at-  www.dpns.assam.gov.in )

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