The Industrial Disputes (Arunachal Pradesh Amendment) Act, 2020

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EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 197 Vol. XXV|ll Nahartag!n Tuesday September 21 2421 Bhadta 30, 1943 (Saka)
GOVERNl\,IENT OF ARUNACHAL PRADESH
LAW LEGISLATIVE AND JUSTICE DEPARTIV]ENT
CIVIL SECRETARIAT
ITANAGAR
NOTIFICATION
The 2tst September, 202j
No. Lawllego-22t2A20.- The follawing Act which was passed by the fifth session ot
the seventh LegislativeAssembly ofArunachal pradesh and rec€ived the assent of the president
of lndia is hereby published forgeneral information.
(Received the assent of the president of lndia on 24.08.2021)
THE INDUSTRIAL DISPUTES (ARUNACHAL PRADESH AMENDMENT)ACI 2O2O
(ACT No.11 OF 2021)
Act
further, to amend the lndustrial DisputesAct, i 7(Cent.atAct14of1947),asinforce
in the State ofArunachal Pradesh.
BE it enacted by the Legistative Assembly ofArunachat pradesh in the Seventy{irst
Year of the Republrc of lndra, as follows
1. Shorttitleand commencement: (1) Thrs Act rn ay be called the lnd ustrial Disputes
(Aru nachal Pradesh Ameodment) Act 2020.
(2) lt shall be deemed to have come into force with effect from 1|4th Juty.2OZO.
2. Amendment of Section 2A : ln section 2A of the lndustriat Disputes Act, .1947 (Central
Act 14 of 1947) as in force in the State of Arunachal pradesh (herejnafter referred to as
the principalAct"):
(i) In sub-section (3) for the words ,,three years,.. the words ,one year, shall be
substituted i
(ii) After sub-seclion (3). ihe foltowing sub-section sha be inserted. namety :
'(4) Notwithstanding anything contarned in sub_sectrons (t), (2) and (3), no such
dispute ordifference between that workman and his employer connected with, or
arisingoutof such discharge, dism issal, retrenchment or te.m ination shall be
deemed to be an industrial dispute if such dispute is not raised before conciliation
officer within a period of one year from the date of such discharge, dismissal,
retrenchment or termination
Provided that an authonty as may be specjfied by the State Government may
condone the delay beyond such penod of one year if the applicant workman
satisfies the Authority that he had sufficient cause for not raising the dispute
within the period of the one yeal'.
3. Amendment of section 25F : ln section 25F of the principal Act insub_clause(b) for
the expression 'fifteen days', the expression,.iorty five days, shall be substituted.
4. Substitution ofsection 25K: For sectton 25K of the principalAct the following section
shall be substituted, namely
The Arunachal Pradesh Gazette
2 The Arunachal Pradesh Extraordlnary Gazete September2l 202.1
'25K. ApplicaUon of Chapter V-B : (1) The provisions of this chapter sha appty to an
industnal establishment (not belng an establishment of a seasonal character or in which
work is performed only ntenn ttenly) tn which not less than three h undred workmen were
employed on an average per working day for the preced ng twelve months.
(2) Without prejudice lo the provisrons of sub-section (.j ), the State Government may, if
satisfled that maintenanc€ of industrjalpeace or prevention of victimization of workmen
so req uires, by notification in the Official cazette apply lhe provisions of this Chapter
to an industrial establishment (not being an establishment of a seasonal character or
in which work is performed only intermittenfly) in which such number of workmen
which may be less than three hundred but not less than one hundred, as may be
spectiied in the notification, were employed on an averaqe perworking day for thepreceding twelve months.
(3) lf a questron ariseswhetheran ndustrral establrshment s oia seasonal characteror
whelher work is performed therern oniy interm ttently the decision of the State
Government thereon shall be final'
Amendment of section 25N : ln section 25N of the principa lAct. in sub-section (9) for
the expression "fifteen days", the expression 'forty f ve days shall be substituted
Amendmentofsection250:lnsecton250oftheprincipalAct in sub_section (g). for
the exp.ession "fifteen days". the expressron ,,forty Iive days,, shall be subshtuted.
lnsertion of section 3'1A ; After section 31 of the princ palAct the following section
shall be inserted name{y
"3'1A. Compounding of offences (1) Any offence punishable undersections 25e,2SR,
25-U.26 27 28. 29 30A and su b-sectrons (t ) and (2) of section 31 may, ejther before or
after the institution of the prosecution, on an application by the alleged offender, be
compounded bysuch officerofauthority astheState Government may, by notification in
the Official Gazette, specify in this behalffor such amount as specified in the Table below
TABLE
SL
No
Sect on Compostion amount
(1) \2J (3)
1 25Q 25 days wages lasl drawn by each workman
2 60 days wages last drawf by each workman
3 25U (i) By each workman { 150 perdaybut noi exceeding { 3000 in aggregatel
(ii) By employer 1300 per day bul not exceedrng the amount tn aggregale as
shown b,clow :
Number of workmen employed n lhe
rnd Lr stry
Arnounl nol exceed ng
11050 t7000
51 lo 100
101 to 500 { 15.000
More than 500
26 (i) ln case of illegal strike I 150 per by each workman bLrt not exceeding
t 3000 in aggreqate
(1 ) ln case of llegal lock-out I 300 per day by an emptoyer but not exceeding
the amount n aggregale as shov/n below
Number of workmen employed rn the
nd!stry
Amoufll not exceed ng
1to50 17.000
51 lo 100 { t0 000
101 lo 500 I 15 000
I$ore than 500 I 20 000
5 21 ard 28 As per seclLon 26 above for legal strke and lockout
{ 200 per day tn respect ol each of the workman
30A 25 days wages last drawn by each workman
5
6
7
{ 10 000
I 20 000
6
7
The Arunachal Pradesh Extraordinary Gazette, September 21, 2021 3
E
Provided that the State Government may. by notilication in the Official cazette
amend the composition amount speclfied in above Table
Provided further that the offence commrtted of the same nature shallbe compoundable
only for the ftrst lhree offences
Provtded also that such offences shallbe compo!nded only afterthe alleged offender
has acted to the satisfaction of such officer or authority that such offence is n;t contrnued
any fu(her
(2) where an ofFence has been compounded under sub-section (.1), no further proceedings
shall be taken the offender rn respect of such offence and the offender ii ln custody,
shall be discharged .
lnsertion of section 36C : Afler section 36B of the principal Act. the following secttonshall be inserted, namely :
'36C. Power to exempt new industries Whelethe State Government is satisfied in retation
to any new industrial establishment of new undertaking or class of new public interest todo so. it may, by notiiication in the Official Gazette, exempt, conditionally or unconditionally,
any such new establishment or new undertaking or class of new est;blishments or newunde(akings from all or any of the provisions of thisAct for a period of one thousand daysfrom date of establishment of such new industrial establishment or new undertaklng orclass of new establishmeni or new undertakings. as the case may be, .
Explanation : Forthe purpose ofthis section the expressron ,new rndustrial establishmentor new undenaking or class few industlal establishments or new undertakings, meanssuch industrlal establishmenl or undertaking or class of industrial establi;hment orundedakings which are established within a pelod of one thousand days after thecommencement of The lndustrlal Disputes (Arunachal pradesh Amendment) Ordrnance,
2020.
Onit Panyang tAS
Corrmissioner to the
Government of Arunachal pradesh
Itanagar.
Fub ished af{:i pr nte,l
LLawi'r 00+Secy iLab
by Drectorale of Prinlrng Nahanag!n-370/202j
ouo -100-9-2021
DoP'250+Secy.lLA)-50+Commtssioner
(1) t,2) (3)
I 31(1)
workmen employed
rn lhe industry
oflence
11o50 a lr 00c { 15 000 { 20 000
51 Io 100 I 20 000 i 25 000
101 io 500 a 20 000 I 30 000
I!4ore than 5C0 I 30 000 I :5 000 I 40 000
(i) For each workman. for ihe first offence I j000
I 2000 and for the thrd offence a 30OO
(rr) For Employer
for the second offen
1tc50 a I500 13000 { 6000
51 lo 100 4 3000 4 6000 i 10000
101 lo 500 14000 18000 { 15000
I 32 12)
lVore than 500 4 5000 I 10000 t 20000
{ 15 000
{ 25,000

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