The Assam Gratuity Act, 1992
assam · 1993
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1Employees who shall join the Fund
- S. 2In this Act, unless the context otherwise requires: — (a) “Governnaect” meats “the State Government of Assam”
- S. 3Section 3 of the Assam Gratuity Act, 1992, authorizes the State Government to appoint a Controlling Authority for administering the Act and a gratuity fund for tea plantation and factory employees.
- S. 4Functions of the Board of Trustees, including the Constitution of any committee for assisting the Board
- S. 5The opening of regional and other offices of the Board of trustees
- S. 6Section 6 mandates employers to contribute monthly to a Gratuity Fund, including a one-time payment to cover past liabilities.
- S. 7Section 7 allows exemption from the Assam Gratuity Act for employers with existing funds or insurance, but revokes exemption if they fail to pay.
- S. 8Section 8 mandates the employer to transfer the Gratuity Fund to the Controlling Authority if exemptions are revoked, and to compensate any shortfalls as directed.
- S. 9Section 9 of the Assam Gratuity Act, 1992 provides gratuity to employees after five years of continuous service on termination, retirement, or resignation.
- S. 10QU AN TUM OF GR AT UITY : The gratuity payable under section 9 shall be com puted i
- S. 11Section 11 forfeits gratuity for employees terminated due to misconduct, damage caused, or resignation during misconduct inquiry.
- S. 12Section 12 mandates employees to nominate beneficiaries for gratuity benefits after completing one year of service.
- S. 13Section 13 prioritizes gratuity contributions and administrative charges over all other debts in insolvency or company liquidation.
- S. 14Section 14 deems the Gratuity Fund under the Assam Gratuity Act as recognized under the Income-Tax Act, 1961.
- S. 15Section 15 of the Assam Gratuity Act, 1992 protects gratuity payments from attachment by any court.
- S. 17Section 17 prohibits employers from reducing employee wages due to gratuity contributions under the Assam Gratuity Act.
- S. 18Section 18 penalizes defaults in gratuity fund contributions, transfers, or policy assignments with imprisonment and fines.
- S. 20Section 20 mandates employers to pay damages for defaulting on gratuity contributions or payments, up to the amount owed.
- S. 21Section 21 of the Assam Gratuity Act, 1992 empowers the Collector to recover gratuity dues as land revenue arrears.
- S. 24Section 24 deems every Inspector to be a public servant under the Indian Penal Code.
- S. 25Section 25 protects government or board officials from legal action for good faith actions under the Assam Gratuity Act.
- S. 26The section allows the government to issue orders to resolve any difficulties in implementing the Act.
- S. 27The section ensures the Assam Gratuity Act's provisions override any conflicting laws or contracts.
- S. 28The section authorizes the State Government to create rules for implementing the Assam Gratuity Act, 1992.