5 i ’ X A z » ¢ RIS इल 23 औ ‘ 4 * : £ ot e . g ’/\ ’“' जे . ? ¢ कै he Assam Gazette = =\ काबिगिग EXTRAORDINARY शाड कड शव A TS . PUBLISHED BY AUTHORITY . - . $: S हर o7 2 <y i 5 5 “नह 53 { . Ne.53 fyio@, 32ofeats, 20 (x, 1976, 30 a2yat, 1898 =z Dispur, Thursday, 20th May, 1976, 30th Vaisakha o हे 1898 (S. E.) e 'GOVERNMENT OF ASSAM 7 ORDERS BY THE GOVERNOR _ | LTAWDEPARTMENTD S - o0 A e - ,T % v‘ : ST | & जज डी = = S ENOTHIGATION: -oo e o0 o e The'18th May 1976 i No. LJ1..519/74/23 —The following Act of ‘the Assam Legislative Astenibly which reCeived the assent of the President of India «s hereby publiskied.-for. general information ooy जि .
330 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 20, 1976 ASSAM ACT IX OF 1976 (R»ec’e'ived#\ the नि of \the Presi_deAn.t on the 4th न 1976) THE ASSAM TEA PLANTATIONS PROVIDENT FUND (AND PENSION FUND) SCHEME (AMENDMENT) ACT, 1975 - \ : g 2 के ) : i w i - - Aect . हा o Further to amend the Assam Tea Plantations =Provi- dent Fund (and Pension Fund) Scheme Act, 1955. Be it enacted by the Legilslature of * Assam in the Twenty-sixth - Year of the Republic¢ of India as follows :— : कल title 1. (I) This Act may be called the Assam Tea Planta- , “० tions Provident Fund.(and Pension” Fund) Scheme s (Amendment) Act, 1975. ° - = . (2) It shall come into force on such date as the g ¥ _ State Government may, by notification in the Official Gazette, appoint, o Amendment ; 2, In Section 7 of the principal Act, after sub-section of Section 7. (1) the following sub-section shall be inserted, namely :— "(IA) An employer who contravenes, or makes : a default in complying with the provisions of Section. 3 of the Scheme in so far as it relates to the payment of administrative charges, shall be punishable with imprisonment for.a term which may . extend to six months, but (a) which shall not be less than three months in case of default in payment of the employees . contribution which has been deducted by the & - employer from the employees’ wages . : (b) which shall not be less than one month, in : any other case; and shall also be liable to fine which may extend to two thousand rupees Provided that the Court may, for any adequate and special reasons to be recorded in the judgement, impose a sentence of imprisonment for a lesser term or of finé only in lieu of imprisonmen ’ = o 3
- . THE ASSAM GAZEITE EXTRAORDINARY, MAY 20, 1976 331 Tmscrtiam of 3. After Section 7 of the principal Act, the following L %“Waectmns shall be inserted, namely :— : : AA, - Eabaoced - “7A. Whoever, having been convicted by a Court of punishment an offence punishable under this Act, the Scheme or the 18 CHML pension Scheme commits the same offence shall be sub- cases after previous ject. for every such subsequent offence to imprisonment . conviction. for a term which may extend ‘to one year but which * shall not be less than three -months and shall also be liable to fine which may extend to four thousand rupeés Certain TAA. (1) Notwithstanding anything contained in the b‘“&mm Code of Criminal procedure, 1973, an offence relating to cognmable, default in . payment of contribution by the employer . punishable under this Act shall be cognisable e (2) No Court inferlor to that of a -Magistrate of . : the First Class shall try any.offence under this Act or the Scheme or the Pension Scheme & L3 - - Amendment 4. Section 10 of the principal Act shall be re-number of Section 18 0§ g5 sub-section. (1) thereof, and— (a) in sub-section (1), as re-numbered, -‘for the . words and figures “Section 230 of the Indian Com- panies Act, 1913 (Act VII of 1913)” the words and’ | figures “Section 530 of the Companies Act, 1956” S shall be substituted : {b) after sub-section (1), as re-numbered, the fol- “lowing sub—secn}xo shall be inserted, namely :— *(2) Without prejudice to the provisions of sub- section (1), if any. amount is due from an employer in respect of the employees contribution (deducted from the wages of the employees) for a period of- more than six months, the amount so due- shall be ® deemed to be the first.charge on the assets ‘of the । establishment, and shall notwithstanding anything contained in any other law for the time. being in force, be paid in priority to all other debts”. TRy Yo g AT Amendroon s 3. In Section 16 of the principal Act— of Section |6 The figure and the words 25 per cent of” shall be deleted. - = fusercionof 6. After Section 16 of the principal Act, the follow- . ml' AAW“”mg section shall be inserted, namely :— - Power का - "16A. (1) Where an employer is convicted of an हद दब - offence of making default in the payment ' 04 शा] * _ contribution to the Fund or the Pension Fund or in . the transfer of accumulations required to be trans- - _ ferred by him under -Section 14, the Court may, in - addition to awarding any .punishment, by order in writing, require him within a period specified in the order (which the Court may, if it thinks fit and on §o ३ =
. 1 £ 1 ASSAM GAZETTE. EXTRAORDINARY, MAY 20; 1870 | i Tnsertion’ of . new Section’ 16 B. ] i Liability in case of trans= ~ fer of establi= shment, application in that behalf, from time to time, extend); . to pay the amount of confribution or:transfer the -accumulations, as the case may be, ~in redpect of which the offence was committed, , @ . . (2) Where an order is made under ‘s'ub—vs'e,c'”tiohn'."(.1)' - .+~ . the employer shall not be liable under this’ Act . in respect of the continuation: of the offénce during the period of extended ‘period, if any, allowed by the court, = but if, on the!expiry' of - such period or extendeds-period, as the case may be, the order of the Court . hgs-not been-fully - . complied with, the employer shall be deemead ~to hadve committed a further offence and “shall ~.be punished with imprisonment in. respect ¢ thereof,, under .Section. 7 and shall also” be liable -t6.pdy ' fine “which ‘may extend to one " hundred rupees = for - every day -after such ¢ expiry on which .orler has not been cdmpiied . : i g L It e ot gt T . 7 After Section 16 A of the Act as amended the . following-Section shall be inserted, nam St . : \ s ‘16B. Where an employer, in relation to an estab- ' ' lishment, transfers that ‘establishment in whole or " manner whatsoever, the employer and ‘the person t whom the establishment:is so transferred shall joint-: ly and severally be liable हट. ९57 the contribution and other sums due from the employer under any . provision of this Act or the Scheme or the Pension - Scheme, as the case may’ be, in respect of the period upto, the date 6f such transfer.” | . , 'MD. SAADULLAH, ' Joint ‘Secretary to the Govt. of Assam, - : : Law - ADle,p‘art.rne'nt;.' | ¥ « e . B e ok “Gauhati:—Prin'ed and published. by ‘tHe Supdt., ‘ic., Printing Press; Directorate. of Ptg. & Sty. Government of Assam (Ex-Gazelie) N‘0.105.___‘._]"5/8',0_V+1,()QQ»-—>20-5-76,«-._ e e ; ? ¥ = e स “in part, by salg, gift, lease or licence or-in-any other o