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::DEPOSIT LINKED INSURANCE SCHEME::

DEPOSIT LINKED INSURANCE SCHEME
GOVERNMENT OF ASAM
ORDERS BY THE GOVERNOR
LABOUR & EMPLOYMENT DEPARTMENT: LABOUR BRANCH
NOTIFICATION
                                                                                                         Dtd the 21st June/1984.


No. GLR (RC) 34/84/11- In exercise of the powers conferred by section 3(i) of the Assam Tea Plantaions Provident Fund and Pension Fund and Insurance Fund Scheme Act 1955, (Assam Act X of 1955), the Governor of Assam is pleased to make the following Scheme namely:-
The Assam Tea Plantation Deposit-Linked Insurance Fund Scheme, 1984.
Chapter 1 – preliminary.

  1. Short titile, commencement and application :
  2. This Scheme may be called the Assam Tea Plantations Deposit Linked Insurance Fund Scheme, 1984.
  3. It shall apply to all the employees in the Tea Plantations in Assam, as defined in the Act,
  4. The Provisions of the Scheme shall be deemed to have come into force with effect from 1st February 1984.
  5. Definitions: In this scheme, unless the context otherwise requires :
  6. “Act” means the Assam Tea Plantations Provident Fund and Pension Fund and Insurance Fund Scheme Act, 1955 as amended up to date.
  7. “Assurance benefit” means a payment linked to the average balance in the Provident Fund Account of an employee, payable to a person belonging to his family or otherwise entitled to it in the event of death of the employee while being a member of the Fund.
  8. All other words and expression used herein but not defined shall have the meaning respectively assigned to them in the Act or the Assam Tea Plantations Provident Fund and Pension Scheme 1955 as amended upto date.
  9. Administration of the Scheme :

This Scheme shall be administered by the Board of Trustees constituted under para 3 of the Assam Tea Plantations Provident fund and Pension Fund Scheme

  1. Delegation of Power by the Board :
  2. The Board may by a resolution empower its Chairman or the Vice-Chiarman or both to sanction expenditure, subject to such limits as may be specified in the resolution, on contingencies supplies and purchases of articles reuired for administring the Insurance Fund subject to finacial provision in the Budget, where such expenditure is beyond the limits upto which the Chairman or Vice-Chairman is authorised to sanction expenditure on any single item.
  3. The Board also by a resolution empower its Chairman or the Vice-Chairman or both to appoint such officers and employees as the Chairman or the Vice-Chairman may consider necessary for efficient administration of this Scheme,
  4. All sanctions of expenditure made by the Chairman or the Vice-Chairman in pursuance of sub-paragraph (1) shall be reported to the Board as soon as possible after the sanction of the expenditure.
  5. Administrative and fincial powers of the Secretary :

The Secretary may without refence to the Board, sanction expenditure on contingencies, supplies and services and purchases of articles required for administering the Insurance Fund subject to financial provision in the budget and subject to the limits upto which the Chairman or the Vice-Chairman may be authorised to sanction expenditure on any single item from time to time by Board.

  1. Contibution :

The contribution payable by the employer and the Central Government under clauses (a) and (b) of section 3 of the Act shall be calculated on the wages as defined under section 2 (2) of the Act, actually drawing during the whole month whether paid on daily, weekly, fornightly or monthly basis.
(2) Each contribution shall be clculated to the nearest quarter of a rupee, 125 paise or more to be counted as the next higher quarter of a rupee.
7. Mmode of payment of contribution :
(1) The contribution by the Employer shall be deposited with any branch of State Bank of India/United bank of India or any other nationalised bank as decided by the Board at such rate as the State Govt. may fix from time to time under subsection 4(a) of section 3 of the Act for credit of the Insurance Fund within fifteen days of the close of every month in such manner as may be specified in this behalf by the Secretary. The cost of deposit if any, shall be borne by the emoloyer.
(2) the cost of administration payable by the employer under sub-section 4 © of section 3 of te Act shall be deposited with any branch of State Bank of India/ United Bank of India for credit of Administration Account in such manner as may be specified in this behalf by the Secretary. The cost of deposit of administrative charges if any, shall be borne by the employer.
(3) it shall be the responsibility of the employer to pay the contribution payable by himself in respect of the employees directly or indirectly employed by him and also in respect of the employees employed by or through a contractor.
(4) the contributions from the Central Government shall be credited to the Insurance Fund and Administration cost Account respectively as soon as the amounts are received.
8. Employer’s contribution not to be deducted from the wages of :
The employees. The employer shall not be entitle to deduct the employer’s contribution payable by him under this Scheme from the wages of the employees or to recover it from them in any other maner.
9. Duties of employers:
(1) Every employer shall send to the Secretary return in such form as may be specified by him for the purpose of this Scheme.
(2) every employer shall maintain such accounts in relation to the amounts contributed to the Insurance Fund by him as the Board may from time to time, direct and it shall be the duty of every employer to assist the Board in making such payments from the Insurance Fund to his employees as are sanctioned by or under the authority of the Board.
(3) every employer shall maintain a contribution Register in-such form as the Secretary may specify in respect of every employee in his employement who is a member of the fund. The contribution made by the employer in respect of each such employee shall be entered therein by the Employer every month.
(4) not-withstanding anything herein before contained the Board may issue such direction to employers generally as it may consider necessary or proper for purpose of administering this Scheme and it shall duty of every employer to carry out direction.
10. Inspection of records and registers by the Secretary or Inspector.
Every employer shall whenever the Secretary or any other officer authorised by him in this behalf or an Inspector so requires, produce before him the records and other registers then in his possession, for inspection.
11. Administration Account.
The contribution received from the employer and the Central Government under sun-section 4© and 4(d) of section 3 of the Act shall be credited to an Account called the Insurance Fund Administration Account and all expenses in connection with the adminisration of this Scheme shall be met out of this account.
12. Deposit Linked insurance Fund Account.
The amount received as the employers contribution and share of Central Government’s contribution to the Insurance Fund under sub-section 4 (a) & (b) of section 3 of the Act shall be credited to an account called the “Deposit-Linked Insurance Fund Account” and all expenses towards the cost of any benefits provided by or under the Scheme shall be met out of this account.
13. Investment of moneys belonging to the Insurance Fund.
(1) All moneys belonging to the Insurance Fund shall be deposited in the State Bank of India/United Bank of India or any other nationalised or Schedule Bank as may be approved by the Board with due approval of the State Government may from time to time give, in the Securities mentioned in clauses (a) to (d) of section 20 of India Trust Act 1882.
(2) All expenses incurred in respect of any investment shall be charged to the Insurance Fund.
14. Interest :
All interest, rent and other income realised profit or loss, if any, from sale or investment if not included in the Insurance Fund Administration Account, shall be credited or debited as the case may be to the Insurance Fund.
15. Disposal of the Insurance Fund:
(1) Subject to the provisions of the Act of this Scheme, the Insurance Fund, not including therein the Insurance Fund Administration account, shall not, ex-cept with the previous sanction of the Board be expended for any purpose other than the payment of benefits in accordance with the provisions of this Scheme.
(2) The Insurance Fund shall be operated upon jointly by the Secretary and the Chairman or the Vice-Chairman of the Board.
16. Expenses of Administration:
All expenses relating to the administration of this Scheme shall be met from the Insurance Fund Administration Account.
17. Scales of assurance benefits and the minimum average balance to be maintained by an employee:
On the death of an employee who is a member of the Fund, the persons entitled to receive the Provident Fund accumulations of the deceased shall, in addition to such accumulations, be paid and amount equal to the balance in the account of the deceased in the Fund not exceeding rupees fifteen thousand, provided that the balance in the account of the deceased employee is not below the sum of Rs. 1000/- (Rupees one thousand)
18. Assurance benefit to whom payable:
(1) The nomination made by an employee under the Assam Tea Plantations Provident Fund and Pension Fund Scheme shall be treated as nominations under this Scheme and the assurance amount shall become payable to such nominee or nominees.
(2) If no nomination subsists or if the nomination relates only to part of the amount standing to his credit in the Fund, the whole amount or the part thereof to which nomination does not relate, as the case may be, shall become payable to the members of his/her family in equal shares provided that no share shall be payable to (a) Sons who have attained majority, (b) sons of a deceased son who have attained majority, (c) married daughters whose husbands are alive, (d) married daughters of a deceased son whose husbands are alive if there is any member of the family other than these specified in clauses (a), (b), (c) and (d).
Provided further that the widow or widows and the child or children of a decease son shall receive between them in equal parts only the share which that son would have received if he had survived the employee and had not attained the age of majority at the time of his death.
(3) In any case to which the provision of sub-paragraphs (1) and (2) do not apply the whole amount shall be payable to the person legally entitled to it.
Explanation : For the purpose of this paragraph an employee’s posthumous child if born alive shall be treated in the same way as a surviving child born before his death.
19. Assurance amount how to be paid:
The nominee or nominees or other claimants shall send a written application to the Secretary through the employer in such form as the Chairman may specify, to claim payment under this Scheme.
(2) Payment to be made under the Scheme shall be made in the form of a deposit in a Savings Bank account, in any bank specified in the First Schedule to the Banking Company’s (Acquisition and Transfer of undertakings) Act. 1970 in the name of the nominee or nominees or other claimants.
20. Register Records etc:
The Secretary may with the approval of the Board specify the registers and records to be maintained in respect of the employees, the form or design of any identity card, token or disc for the purpose of identifying any employee to his nominee or nominees or a member of the family entitled to receive the benefits under this Scheme and such other formalities as have to be completed in connection with the payment of the said benefit subject to such periodical verification as may be considered necessary.
21. Power to issue direction:
The State Government may from time to time issue direction to the Board or the secretary as it may consider necessary for the proper administration of Scheme.

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