The Assam Tea Plantations Employees Welfare Fund 1959

The 6th May 1960
.  No.LJL.42/58. —The following Act of the Assam Legislative Assem­
b ly  which received the assent of the President is hereby published for 
general information.
:  . • ' A  ■
i  (Received the assent o f 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 ;

It is hereby enacted in the Tenth year of the Republic of India ail 
follows:--
1. Short title, extent and em um 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 o r 
indirectly any person to do any work in or in connection With a plantation 
and include a Manager, Superintendent, Proprietor, Agent, Director o r 
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 1 1  ol 1948; ;
(11) “ Welfare Commissioner” means the Welfare Commissioner ap­
pointed under section 10 ;
3. Welfare F u n d .--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. D isqualification 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 esign ation  o f  office by m em b er and filling up o f casual  
vacan cies.— (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 estin g and ap plication  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 c t; and

5
(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. Pow er o f Board to borrow  and invest th e 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. D irection by State G overnm ent 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. A ppointm ent o f  W elfare C om m issioner and h is 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. A ppointm 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 ;

6
(& ) exercise such other powers as may be prescribed.
12. Mode o f recovery o f su m s payable into Fund, e t c —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. R ules. —-(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, nam e'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 em bers o f Board, W elfare C om m ission er, 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 fa ith .— 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.
B. C. BARUA,
Secy, to the Govt, of Assam, Law Deptt.
 

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