The Assam Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1985

|K THE ASSAM GAZBVVB • i f - * i \ r . : " ■ . .• extraordinary I ' * .. .. ' I ‘ ■ A ...L : ■ a i« aw faw PUBLISHED BY AUYHORIYY t , ■ . , ■ 4? 48 !3r5i<, 22 •afasr, 1994, 2 ^i?rsf, 1916 ( i» ) No. 48 Oi spur , Friday , 22od Ap ril , 1994, 2nd Vaisakha, ; _____ _ 1916 (S, B . ) _____________ GOVERNMENT OF ASSAM <• , ’ i? sH ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT : LEGISLATIVE BRANCH I, ...... ....-- < 7 . NOTIFICATIO N The 22nd April 1994. / . / . - : •• No. LGL. 105/85/107.—The following Act of the Assam Legislat ive Asse mbly which rece ived the assent of the Pre sident is her eby published for gen eral information, ~ 58 THE AS SA M GA ZETTE, EX TR AO RD INAR Y, ATK, ‘42, 1 9̂4 AS SA M AC T NO. IX OF 1994. (Receiv ed the assent o f the Pres iden t on 16th April, 1994) THE AS SA M IND USTRIE ES TA BL ISHM EN TS (CONFE RMENT OF PERM AN EN T ST AT US TO WORKM EN) AC T, 1985. . AN ?. y .... AC T to provide for the conferm ent of permanent status to workme n in the ind ustrial estab lishm ents jn the State of Assam. Preamble. Whe reas it is exp edient to make provis ion for con­ ferm ent of permanent status to worke rs in the industrial establishm ents in the State of Assam. It is hereb y enacted in the Th irt y-six th Ye ar of the Rep ublic of India, as fol low s:— Sxt°r tt (i) This Ac t ma y be called the Assa m Indu stria l commence" Establish ments (Conferment of perm anent status to wo rk- “ e u '- men) Act , 1985. , (2) It extend s to the who le of the State of Assam. (3) It applies to ev ery indu strial establishme nt (not being an establish ment of a seasonal char acter or in whic h wo rk is perform ed only interm if tenty) in which not less tha n 50 (Fif ty) workme n were employed on any day of tfie prec edin g tw elv e months. If any question arises wh ether an indu strial establishment is of a seasonal cha rac ter or whether wo rk is perform ed therein only interm itte ntly, the decision o f the Gov ernment thereon sha ll be fi n al; Pro vide d that the Governm ent may, by notification in the official Gaz ette app ly the provision s of this Ac t to any industrial establish ment emp loyin g such num ber of workmen less than fif ty as may be specified in the noU- lcation, * Lt-tb A S S A M LrAZ,£i' l i t , b A iK A U K U U N A r . X. / M R - 4 Z , J O / (4) It sha ll come into force at once. Provide d that noth ing contained in this Act* shal l apply to any ind ustria l establ ishm ent unt il the expiry of a period of two yea rs from the date of its establish ment. 2. In this Act, unless the con text othe rwise require s,— 11) ' em ployer” means the own er of an indust ria l establ ishment to which this Act for the time being applies and includes :— (a) in a factory, any person named und er Clause (f) of sub- sect ion (1) of Section 7 of the Facto ries Act, 1948 (Central) Act LXII I of 1948) as man ager of the fa ct or y; (b) in any ind ust ria l esta blis hment under the cont rol of any Depar tment of any State Government in India, the autho rity appointed by such State Gov ernmen t in this behalf, or where no autho rity is so appointed, the head of the depa rtm en t; (c) in any oth er indust ria l establishme nt, any person responsib le to the owner for the supervision and con trol of the industr ial es tabl ishm en t: gdjgSSri ■ ■ ■ - ** (2) "Gove rnm ent” mea ns the Sta te Governmen t of Assam. S’ (3) "In du str ial Esta blishme nt” means :— (a) a factory as defined ?n Clause (m) fn Section 2 of the Factorie s Act, 194r (Cen tral Act, LXI II of 1948) or any place w h ic h ’s deemed to be a fac tory under sub-section (2) of Section S^ of that Ac t; or (b) a; Planta tion as defined in Clause (f) of Section 2 of th<= Pla nta tion Labour Act, 1951 (Cen tral Act LXIX of lff.51); or (cl a motor fransn ort undertakin g as defined in Cl au se (g) of Secti on 2 Of th e M otor T ra nsp ort Workers Act, 1961 (C en tral Act 27 of 198 1): or 588 THE ASSAM GAZETTE, EXTRAORDINARY, APR. 22, 1994 (d) a beedi ind ust ria l premises as defined in Clause (i) of Section 2 of the Beedi ana Ciga r Workers (Conditions of Employment ) Act, 1966, (Central Act 32 of 1966); or - (e) an esta blis hment as defined in Clause (8) of Sec­ tion 2 of the Assam Shops and Establi shm ents Act 1971 (Assam Act XXI of 1974) ; or (f) any oth er establishment which the Government may, by noimcation in the official Gaz?'"e dec lare to be an "'ind ustri al establ ishment” for the pu r­ pose of this A c t; (4) "Workman” means any person emplo yed in any ind ust ria l esta blis hment to do any skilled or unskilled, manual, supe rvisory, tech nical or cler ical work for hir e oi- rew ard wh eth er the terms of emp loym ent be ex ­ press or impl ied but does not include any such person,— (a) who is employed in the police service oi' as an officer or other employee of a prison; or (b) who is emplo yed mainly in a manag eria l or ad­ minis tra tive capacity; or (c) who, being employed in a supervisory capaci ty, draw s wages exceeding one thousand rupees per mensum or exercises, either by the na ture of the duties attached to the office or by reaso n of the powers veste d is him func tions mainly of a man agerial nature . - *— 3. Con ferm ent of permanen t sta tus to workme n.—( lj Notwi ths tanding any thing conta ined in any law for the time being in force eve ry work man who is in cont inuous service for a period of 180 davs in a period of 12 (twelve) cale nde r mon ths in an ind ust ria l esta blishment shall be made perm anent. (2) A workman shall be said to be in cont inuous service for a period if he is for tha t period, in u ninter rupted serv ice IB S ASSAM GAZETTE, EXTRAOxtDINAKY, APR. 22 ,19 94 589 including serv ice which may be interrupted on account of sickness or authorised leave or an accident or a strike , which is not ille gal or a lockout, or on accout of non-em­ ploym ent or discharge of such workman for a period which . does not exceed 45 days and during which period a subs­ titute, has been employed in his p lace by the employer, or a cessation of work which is not due to any fau lt on the part of the workm an. 1 ....... Explanation.— For the purposes of this section; the number of days on which a workman has work ed in an industrial establ ishment include the days (i) he has been laid of f under an agreement or as per­ mitted by standing orders made under the Indus­ tria l Employm ent (Standing Orders) Act, 1946 (Central Act XX of 1946) or under any other law appl icable to the industria l esta blishment; ' (ii) he has been on leave with full wages, earned in the prev ious years; (iii) he has been absent due to tempora ry disablement caused by accident arising ou+ of and in the course of his employment; and •g r (iv) in case of a female , she has been on maternity leave; so. however, that the total period of such matern ity leave does not exceed twelve weeks. ? 4. Appointment of Inspectors.— (1) The Gove rnment may, by notification, appoint such persons or such class of persons as the y think fit to be Inspectors for the purpose of this Act with in such local limits as the Gove rnment may specify. (2) Ev ery Inspector shall be deemed to be a public serva nt within the meaning of Section 21 of Indian penal Code (Central Act XLV of 1860): 5. Powers and duties of Inspectors.— Sub ject to any rules made by the Gove rnment in this behalf, the inspector may, with in the local limits for which he is'ap pointed,— 590 THE ASSAM GAZETTE, EXTRAORDINARY, APR. 22, 1994 (a) enter at all reasonable times and with such assis­ tance, if any, who are persons in the serv ice of the Gove rnment or of any local auth ority as he think s fit to take with him, any industrial establishments; (b) make such examination of the industrial estab lish­ ments and of any registers, records and notices and take on the spot or elsewhere the eviden ce Of such x persons as he may deem necessary, for carrying out the purposes of this Act; and, fe) exercise such other powers as may be necessary for car rying out the purposes of this Act. 6. Penalties.— (1) Every emp loye r who contravenes the provis ion of Section 3 of this Act shall be punishable with fine which may extend to five thousand rupees and in the ca se of continuing offence with a further fine which may exten d to two hundred rupees for eve ry day after the first during which the offence continues- (2) No prosecution for an offence punishable under the section sha ll be institu ted except with the previo us sanction of the prescr ibed authority . I 7. Act not app ly to workmen employed in certa in indu stria l establ ishment.— Nothing contained in this Act shal l app ly to workmen employed in an industria l estab­ lishment engaged in the construction of buildings, bridges, roads, canals, dams or other construction wor ks whe ther structural, mechanical or electrical. 3- Cognizance of Offence.— No Court infe rior to that of a Judicia l Magistrate of the first- class shall try any offence under this Act. 9. Pow er to exem pt.— The Gove rnment may, by notif i­ cation in the Official Gazette, exemp t cond ition ally or un­ conditionally any emp loyer or class of employers or any indu stria l establ ishment or class of industrial establish­ ments, from the provisions of this Act. 10. Pow er to. make rules.— (11 The Government may make rules to car ry out the purposes of this Act THE ASSAM GAZETTE, EXTRAORDINARY, APR. 22, 1994 591 (2) Al l rules made under this Act shall be published in the Official Gaze tte and unless they are expressed to come into force on a part icula r day, shal l come into force on the day on which the y are so published. I (3) All notifications issued under this Act shall, unless they are expressed to come into force on a particular day sha ll come into force on the day on w hich they are publish­ ed. (4) Ev ery rule or notification issued under this Act shall as soon as afte r it is made or issued shal l be laid befo re the Assam Leg isla tive Assembly , and if, before the expiry of the session in which it is so placed or the next session, the legislature agrees in making any modification in any such rule or notification or the legislature agrees that the rule or notification should not be made or issued, the rule or notification shall, thereafter have effect only in such modified form or be of no effect as the case may be so how ever , that any such modification or annulment shall be withou t prejudic e to the valid ity of anything previou sly done under that rule or notification- K. LA SK AR , Sec retary to the Govt, of Assam, Leg isla tive Department. GU WA HA .TI—Printed and published by the Dy. Directo r (P ), Directo rate e f Ptj end , Sty . Asjana, Ga wa hati-2 1 (Es-G azett e) No. 95-1005-400, 22-4.1994*