THE ASSAM WORKMEN'S PROTECTION ACT, 1984

.. ... ,.....~ ... ~~ Registered No. A-12 \._ - -~-~~- ~ . / ' . , The Assam Gazette · ~~ 4 f~XJ~~ , <f< ~~fus<'l~. 17 ISiT~~r<l"t, 19'' 5 . 2 7 "'''!( fQO) ( ~'41 • No. 4 Dispur, Thursd.a), 17th Ja-n uary, 198 5, 27th Pau sa , 1906 (S . E.) - -------- ''*~., .. ...,....,.~ .,..,__.,.~.sr:-.. a•we~__...,.,... ... _. GOVERNMEN T OF A~SAM ORDE~S BY T Ht: GOVERNOR LEGISLATIVE DEPARTMENT : LEGISLATIVE BRANCH NOTIFICATION The 16th J anuary 1985 · I No.LGL.130/83/34.-The followin~ Act of the Assam Legislati-ve A~s~bly rec;eived the assent of the President ~s .ll.eteby published for general mfo~mation. . \ 36 THE ASSAM GAZETTE, EXTRAORDINARY, JA'. 17, 1985 -------- . ASSAM ACT No. I OF 1985 (Received the assent of the President on 29th December, 1984) THE• ASSAM WORKMEN'S PROTECTION ACT, 1984 An Act to prevent the recovery of debts from certain classes of workmen by besetting the places where they work or receive their wages and protect such workmen from mole­ station and intimidation by their creditors in ;the State of Assam. Preamble. Whereas it is expedient to prevent the recovery of debts from certain classes of workmen by besetting the places where they work or receive their wages and protect such workmen from molestation and intimidation by their creditors; It is hereby enacted in the Thirty-fifth Year of the Republic of India. as follows:- Sh 1 t title, 1. extent nd commence­ ment. (i) This Act, may be called 'The Assam Workmens' Protection Act. 1984'. . (ii) It extends to the whole of the StaJte of Assam. (iii) It shall come· into force at once. efbirio n. 2. In this Act. unless there is anything repugnant in the subject or context :- l • .• . • ,..~ ; • ;. -" ~ • ,. (1) 'Workman' means any person employed by local authority on a system of public conservancy or sanitation or · employed.' in any industrial establish­ ment to do any skilled, unskilled, manual or cleri­ cal labour for hire or reward; (2) 'Industrial Establishment' means- (i) A factory as defined in clause (m) of Section 2 of the Factories Act. 1948 (63 of 1948); ,. (ii) A Railway as defined in clause (iv) of Secti~n 3 of the Indian Railways Act, 1890; · (iii) The establishment of a person who, for the , purpose of fulfilling a contract with the owner .. o~ a,ny inqustrial establ:shment, employs work- men; · · ·. .· ", ' • . , -..,..· . • • ~- .• ._ -~ ~ - - --· ~ ·., A .,. ·" ··' <" <' '<" -; ... •J ~ fHE ASSAM QAZETTE, EXTRAORDINARY, JAN 17, 1985 37 (iv) Transport Vehicles Services; (v) Dock, Wharf or Jetty; (vi) Inland Steam Vessel Services; (vii) Mine, Quarry . (viii) Plantations as defined in clause (f) of Section 2 of the Plantations Labour Act, 1951 (69 of 1951), and (ix) Workshop or other establishment in which articles are~ produced, adopted or manufactured with a view to their use, transport or sale. (3) A person who, with intent to cause a workmen to abstain from doing or to do any act which he has a right to do- (a) obstructs. threaten or uses violence to , or inti ­ m idates such workman ; or (b) persistently follows such workmen from place to place or interferes with any property owned or used by him or deprives him of, or hinders him in the use thereof ; or (c) loiters or does any similar act at or near a house or other places where such workman works or carries on business ; shall be deemed to molest such warkman. 3. BESETTING CERTAIN PLACES WITH A VIEW ' TO RECOVER DEBT : Whoever- (1) loiters at or near any place . where a workman. works or receives his wage.:; in a manner or in circumstances indicating that he is so loitering with a view to recover any debt from such work­ man; or (2) molests. or abets the molestation of any such workman for the recovery of a debt owned by him to his creditor shall be punishable with imprison­ ment which may extend to 6 (six) months and with a fine upto five thousand rupees or with both. . ' 38l'HE ASSAM GAZETTE, EXTRAORDINARY, JA~. 17, 1985 4. OFFENCES UNDER THIS ACT TO BE COGNIZA­ BLE AND NON-BAILABLE: Notwithstanding anything contained in lthe Code of Criminal Procedure, 1973 (Act 2 of 1974) offences punishable under this Act shall be cognizable and non-bailable. M '), S I\!\ DULLA 'i , :iecr ran o th ~ Gov oJ \ssa rrr, ·l egis)alive Deptt . . ; ,,l.J HATI. .• Printed and o tbi~h " r1 f-J,. he Su,ri •. i/c. Ass arn Gwt. P rinting Pres • . · (Ex-Gazette) No.7 -1,126-400-17-1-1985 .