The N.W.F.P (Payment of Dearness Allowance To Certain Employees (Amendment) Act, 1992


NOTIFICATION.
27th September, 1992.


No. PA/NWFP/Legis/92/19456-57 — The North-West Frontier Province (Payment of Dearness Allowance to Certian Employees) (Amendment) Bill, 1992, having been passed by the Provincial Assembly of the North-West Frontier Province on the 15th September, 1992 and assented to by the Governor of the North-West Frontier Province on the 23rd September, 1992, is hereby published as on Act of the Provincial Legislature of North-West Frontier Province.


THE NORTH-WEST FRONTIER PROVINCE (PAYMENT OF DEARNESS ALLOWANCE TO CERTAIN EMPLOYEES) (AMENDMENT) ACT, 1992.
N.W.F.P. ACT NO. IX OF 1992

[First published after having received the assent of the Governor of the North-West Frontier Province in the Gazette of North-West Frontier Province (Extraordinary), dated the 27th September, 1992]
AN
ACT
further to amend the North-West Frontier Province (Payment of Dearness Allowance to Certain Employees) Act, 1991.
Preamble.--- WHEREAS it is expedient further to amend the North-West Frontier Province (Payment of Dearness Allowance to Certain Employees) Act, 1991 (N.-W.F.P. Act II of 1991), for the purposes hereinafter appearing;
It is hereby enacted as follows.
1.      Short title and commencement.--- (1) This Act may be called the North-West Frontier Province (Payment of Dearness Allowance to Certain Employees) Amendment Act, 1992.
(2) Section 4 shall come into force at once and the remaining provisions of this Act, shall be deemed to have taken effect on the 1st day of December, 1990.
2.      Amendment of section 2 of N.W.F.P. Act No. II of 1991.--- In the North-West Frontier Province (Payment of Dearness Allowance to Certain Employees) Act, 1991 (N.-W.F.P. Act No. II of 1991), hereinafter referred to as the said Act, in section 2, the existing clause (a) shall be re-lettered as "(aa)" and before clause (aa), as so re-lettered, the following new clause (a) shall be inserted, namely:
(a)        'Court' means a Labour Court established under section 35 of the Industrial Relations Ordinance, 1969 (W.P. Ord. XXIII of 1969);".
3.      Amendment of section 3 of N.W.F.P. Act No. II of 1991.---  In the said Act, for section 3 the following shall be substituted and shall always be deemed to have been so substituted, namely:
"3. Dearness Allowance.— Every employee shall, with effect from the 1st day of December, 1990, be paid by his employer a dearness allowance—

  1. equal to two hundred rupees per month, if his monthly wages in respect of his employment do not exceed-four thousand rupees; or
  2. at such rate, as, together with his wages in respect of his employment, make a total of four thousand and two hundred rupees per month, if his wages exceed four thousand rupees per month, but does not exceed four thousand and two hundred rupees per month.".

4.      Amendment of section 8 of N.W.F.P. Act No. II of 1991.--- In the said Act, for section 8, the following shall be substituted, namely:
"8. Penalty.- Any employer who fails to pay the dearness allowance admissible to any employee under this Act shall be punishable with simple imprisonment for a term which may extend to six months or with fine which shall not be less than two thousand rupees per employee in the undertaking concerned or with both.".
5.      Amendment of section 9 of N.W.F.P. Act No. II of 1991.--- In the said Act, for section 9, the following shall be substituted and shall always be deemed to have been so substituted, namely:
"9 Cognizance.— The Court shall not take cognizance of an offence under this Act save on a complaint made by an aggrieved employee or by an office-brarer of a registered trade union of which such employee is a member, or by an Inspector, having jurisdiction in the area, appointed under section 10 (1) of the Factories Act, 1934 (An XXV of 1934).".
6.      Repeal.--- The North-West Frontier Province (Payment of Dearness Allowance
to Certain  Employees) (Amendment) Ordinance, 1992 (N.W.F.P. Ordinance No. V of 1992) is hereby repealed.
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