Assam act 009 of 1994 : The ASSAM INDUSTRIES ESTABLISHMENTS (CONFERMENT OF PERMANENT STATUS TO WORKMEN) ACT, 1985

58 . Ti:lB ASSAM GAZETTE, EXTR40RDJNARY, A¥R., 2~, f~94 ASSAl\II ACT NO. IX QF 1994.

(Received the assent of the President on 16th April, 1994) THE ASSAM INDUSTRI~ ESTABLISHMENTS

(CONFERMENT OF PERMANENT STATUS

TO WORKMEN) ACT, 1985.

AN

··"-Q<""· · "'*',, ~- ... - -· ~ ·/. :~ -.;'. :. . ~ ·.'.'\.').~: ... : ,~ - -- . ; ~·::.:- • =: •. : . .r.

ACT

t0 provide for tihe conferment of permanent "Status to workmen jn th e industrial eshablishments ~n the State of Assam. PHamblc. Whereas it 'is expedient to make provision for con- ferment of permanent status to workers in the :industrial est.ablishments in the State of Assam.

It is hereby enacted in the Thirty-sixth Year of the Republic of India, as follows:-

Short title, · I. (l) This Act may be called the Assam In<;\µstr.lal ext•nt and . •

commence- Establishments

men1. men) Act, 1985. ,,.

(2) It extends to the who'.e of the State of Assam. <3) It applies to every industrial establ.ishmenti (not being ~n establishm~nt of a sE;li 01w,l oh\lracter or :in which work is performed only interrnittenty) :in which not less fhun· 50 qi ·

t.~1e preceding twelve months. If any question arises 'shether an industrial estlablishment :is of a seasonal character or whetiher work ~ ~ performed therein onl)•

2

Dtfi•itiU3.

(4) It shall come into force at once.

. . . Provided that notlhing contained' in this Act¹shall aPPl~ to · anY industrial establishment until the expiry of -a period u-f two years from the date of its estiabl:ishment.

2. In this Act•, unless the context otherwise requires,--

(1) ' "employer" means the owner of an industrial establishmenb to which this Act · for the time b1:ing applies and 'includes :-

(a) in a factory, any person named under Clause (f) of sub-section (1) of Section 7 of t:he Factorie5 Act, 1948

(b) in any indunrial estabfo:hment under t¹he control of any Depr,rtment· of a·1y State Gover.r.menti in India, the al'fihority ap1s1P1ted by such st.ate Government in this behklf. or where no c:ubhority is so appoin~ed, the he;:;d d the departmen tl;

I

(c) in any other incfostrial establishment. any p~non responsible to the owner for the supervision and control of the industrial establishment :

~~> .• ,~, , .; *"" ,~· tW

(2) " Government" means the State Government of A'"sam,

~ <3) ''Industrial Est;ablishment" means:-

<:.1 factory as defined i n Clnuse (m) ;n SPct\on 2 of thf> Factories Ad. 1948 (Central Act. LXII1 of

1 948) or any place whirh ;5 deemPd to he a factory under sub-section (2) 0f Sr.cticm 8~ 0 f t11:.1t Ac:•; or (])) a' Plantati on as defined iH Clause (f) of Section 2 nf th"' Plantation Labour Act, 1951 (Central Act LXIX of r9'51) ; or

3

588 THE P.SSAM GAZETTE, EXTRAOHDINARY, APR. 22, 1994

(d) a beedi industrial premises as denned in Clause (i) of Section 2 of the Beedi and Cigar Workers

(e) (ln establishment as · defined in Claus·e W)" of Sec- tion 2 of the Assam Shops and Establlshmcnt:; Act 1971 (.As;;am Act XXI 0£ Hl74); or

• • •. • • r

(f) any other C'>l'.lbli5h!llent, which the G0v·;rnme11~¹ may, by no 1. i '. ica:io:1 in tL.e offici:ll Gaz." · e decl. . .ne to be an "industrial establishment" for the pur- pose of this Act ;

C4) "Workman·' means any p€rson employed in any industr:ial establishment ~o do any ski.lled or unskilled, manual, supervisory, technical or clerical work for hire or reward whether the terms of employment be ex- press or implied but does not include any such

person,- ...,,,

.... . . 'Jl": -·;;r.1 • ---1 ;:1::-;~J •.

. (a) who is employed in the police service or as an officer or other employee of a prison; or

(b) who is employed mainly in !!- managerial or ad- ministrat!Jve capacity; or

(c) who, being employed in a supervisory capacity, draws_ wages exceeding one thous~md rupees per mensum or exercises. either · by the nature of the du~\ies attached to the office or by reason of the powers .vested is ~im functions mainly of R mana 1e:rial nature.

3. ~onferment of permanent status to workmen.-(lj Notwithstanding anything contained in any law for the time being in force 'every workman who is in continuous service for a period of .180 davs in a period of 12 (twelve) calender months in ·an industrial establishment shall be made perman~nt.

(2) A workman shall be said to be in con tin taus service for a period if he is for that period, 1n uninterruntedi servie.e ---- ----

"

4

- I.HE ASSAM GAZETTE, EXTRAOJ.{DlNARY, APR. 22, 1994 589

. ,including service which may be interrupted ori account of ~ sickness or authorised leave or an accident or a strike, which is not illegal or a lockout, or on accout of non-em-

. ployment or discharge of such workman for a period which _ . . does not exceed 45 days and during which period a subs- - · tifute , has been employed in his place by the employer, or a cessation of work which is not due to any fault on the part of the workman.

I l~- ..._ . [ J' · rr~;·, ; . · ~ -~_.., - ~ :~{·~ . ~., . . ·

Explanation.-For the purposes of this· section; the number of days on which a workman has worked in an ' industrial establishment include the davs on which- .· ., • i;i~~ r, Hw.111

(i) he has been laid off under an agreement or as per- mitted by standing orders made under the Indus- trial Employment (Standing Orders) Act·: 1946 (Central Act XX of 1946) or unde:i.· any other law applicable to the industrial establishment; ,. 4ijf,~~··

(ii) he has been on leave with full wages, earned in Uie r' - .. previous years;

:::·-:~1~·~;r " '· r. •a.,.: ... J l rrof>'~ · -2(f-~ ·:"ff'.rf.~ft~· Hiif~'r .. :.. :. rr.; ~ t · ·j ¹:~ : .. : , , · · .. . ~ (Hi) he has been absent due to temporary disablement

caused by accident arising ou+ of and in the course

of his employment; and

··,, "':. r

(iv) in case of a female, she has been on inate.rnity leave; so. however, fhat the total period of such maternity ]eave does not exceed twelve weeks.

4. Appointment of Inspectors.-{1) The Government .n:iay, by notification. appoint such persons or such class of persons as they think fit to be Inspectors for the purpose of this Act w ithin .such local limits as the Government may specify.

(2) Every Inspector shall be deemed to be · a public servant within the meaning of Sectiort 21 of Indian Peri.al Code (Central Aot ·xLV of 1860): · ·

.. ~ .. ' - ;.··,"·"".'j'l,' ... • . .... ~;~~-~- .,-: ·:~ _ 5. Powers and duties of Inspectors.-Su_biect to any r ules made .b y the Government in this behalf, the ·inspector may, \Vi thin the local limits for which he· is· appointe'd,--

5

... ~ '

590 T~~~ ASSAM GAZETTE, EXTRAO.RDF~ARY. APR. 22, 1994 (a} ~nter at all reasonable times and with such assis- tanee; if any, who are persons in the service of the Government or of any local authority as he thinks ... nt to take with him, any industrial establishments;

(b) 'make such examination of the industrial establish-

. men ts and of any registers, records and notices and take on the spot or elsewhere the evidence of such persons as he may deem necessary, for carrying out lthe ,purposes of this Act; and,

· {e) ex~rcise such other powers as may be necessary forr carrying out the purposes of :this Act.

·.

~ . 6. Penalties.- . (1) Every employer who contravenes ,. · ~. the- provision of Section 3 of this Act shiaH be punishable -~ with fi.r~e which may extend to five thousand rupees and in the -case of continuing offence with a further fine which may ·extend to two hundred rupees for every day after the first · during which . the offence continues.

(2) No prosecuti~n for an offence punishable under the ,. ~ section shall be instituted except with the previous sanction ·of . the prescribed authority.

I

7. Act not apply to workmen employed in certain industrial establishment.-Nothing contained in this Act · shall apply to workmen employed in an industrial estab- lishment engaged in the construction of buildings, bridges, roads, canals, dflms or other construction works whether structural, mechankal or electrical.

8. Cog·nizance of Offence.- N o Cour t inferior to that of a Judicial Magjstrate of the fir st- class shall try any offence under this · Act.

9. Power to exempt.-The Government may, by notifi- 1 cation in the . Offici1al Gazette, exempt conditionally or un-

6

THE. ASSAM GAZETTE, EXTRAORDINARY, APR. 22, 1994 S9!

(2) All rules made under this Act shall be published in the Official Gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.

(3) All notifications issued under this Act shall, unless they are expressed to come into force on a particular day shall come into force on the day on which they are publish- ed.

( 4) Every rule or notification issued under this Act shall as soon as after it is made or issued shall be laid before the Assam Legislative 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 however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.

K. LASKAR,

Secretary to the Govt. of Assam, Legislative Department. OUWAHATI- Printed aod published by the Dy. Director (P), Director& .. •f. P.tt

and, 'Sty. Assam, Guwahati-21 (Ee-Gazette) Na. 95.lOO!'i-400, 22_...19H•

7