Amendment status not verified — confirm the current text below against the official source.
In this Act, unless the context otherwise requires: — (a) “Governnaect” meats “the State Government of Assam”. (b) “Completed year of Service” meaes-eontinous service for one year. (c) “Continuous service” means the period of service during which an employes is in service without inter ruption including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect ef 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 losk-out or cessation of work not due to any fault of the employees whe ther such uninterrupted or interrupted service was rendered before or aber the commencement of this Act. THE ASSAM GAZETTE, EXTRAORDINARY, JULY 1. 1993 697 (d) ‘Controlling authority’ means an authority appointed by the State Government under Section-3 of this Act. (e) ‘Employee’ means any person (other than appr entice) employed on wages not exceeding two thousand and five hundred rupees per month or sueh higher amount as the State Government may, having regard to the general level of wages, by notification, spceecify to do skilled, semi-skilled or unskilled, manual, super visory, technical or clerical orks whether the terms of such employment ere expressed or implied and whether or not such person -is employed in a managerial or a ministrative capacity. i Gent; al Act, 69 of 1951 EXPLANATION :—In the case of an employes, who, having been employed f >r a period of not less than five years on wages not exceeding two thousand five hundred rupees per mensem is employed at any time thereafter on wages ex ceeding that amount, gratuity, in respect of the period du ring which such employee was employed on wages not ex ceeding two thousand five hundred rupees per mensem shall be determined on the basis of the wages received by him during that period. (f) ‘Employer’means any person who is the proprietor of a tea plantation and tea factory an I includes a Managing Agent, Miiuager, Superintendent, Mar aging Director, Director Leasee cr any other person who is, for the time being, incharge of any tea plantation or tea factory. (g) ‘Lea plantation’has the meaning assigned to it in Clause (f) of Section 2 of the plantation Labour Act. 1951 whe:e ten cr more employees are employed. (h) ‘Tea Factory’ means any factory manufacturing tea and employing ten or more persons. (i) ‘Family’ means (1) In the case of male employees, himself, his wife, his children whether married or unmarried including adopted children ard his de pendent parents and the widow and children of the deceased son of the employee ai d depenlent 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 govcrjiFg him or the customary law of the community to hijh the spouse belongs she shall no longer fee 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 Ct|er, Officer as may be appointed cn this be- atf, that 'she shall continue to be so regatded, and 4 693 THE ASSAM GAZETTE, EXTRAORDINARY. JUEY 1. 1993 ( i i ) 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 be hd f, expresses her desire to exclude her husband from the family the hu-band shall no longer be deemed to be a member of the employee’s family unless the employee subsequently cancels in writing any such notice- EXPLANATION : In either of the above two cases if the child of an employee has been adopted by an- other person and if, under the personal law of the adopter adoption ii legally recognised, such a child shall be considered as excluded irom the family of the employee. ( j > ‘Superannuation’— in relation to an employee m'ans the attainment bv she employee of such age as is fix d in the contract t r conditions of service ss the age on the attainmert of which the em ployee shall vacate the employment. ( k ) ‘^Vages* means all emolunvnts * hi ch 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 but does not include any bonus. Commisdon, Houser Rent Allowance, overtime wages and any other allowances. 0) ‘Gratuity’ means the wage as defined in clause (k) ab ove payable on the date prior to the date of exit of the employee, except seasonal and daily workers, in which case it would be the average o f the last 3 months wages prior to the date of exit, provided that Gratuity wage shall cot exceed two thousand five hundred rupees per mensem in any case. fro) ‘B ard of Trustees’ means Board of Trustees con stituted under paia 3 of the As-am Tea Plantations Provident Fund and Pension Fund Scheme, 1968. (n) ‘Scheme’ means The Scheme framed under this Aet. (o) 'Gratuity Fund’ means Gratuity Fund established under the scheme framed under this Act. (p) ‘Contribution’ means a contribution payable by the ecs pioyer in respect of his employee covered under this Act. THE ASSAM GAZETTE. EXTRAORDINARY, JULY ,1 1993 699 (q) ‘Gratuity Service’ means The aggregate of service ren dered bv the employee rounded to the nearest year. Anv interrupted service on account of sickness, accident, leave and cessation of work arisirg out of lcck-out, strike, or lay-off net due to the fault of the employee before or after the cotemeacement of the Act shall also be taken into account.