LexThe ASSAM INDUSTRIES ESTABLISHMENTS (CONFERMENT OF PERMANENT STATUS TO WORKMEN) ACT, 1985
Assam · state statute
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TB E ASSAM GAZBftB
F.X'tRAORDI NAR \i
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•VBLIHIBD 8¥ .lUWBOart'Y
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·l~ 48 f=l 1t~. S.N~H, 22 .:ifarqr, 1994, 2 <l1<t5f, 1916 (tlf'll)
• ~-.. 4S Hivpur ... ·. J'rida y, 22nd April, I 994 , 2nci Va isak ba,
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GOVERNMENT OF ASSAM . : . .
,ORDERS BY·THE GOVERNOR
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.(.BGilbATIVE .DEPARTMENT l LEGISLATIVE BRANCH ... ... .
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n ~: -.. ; ' ·-NOTIFICATION
The 22nd April 1994.
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··'r.::i Nb .. e-LGL : · 105/85/107 ,_.:The following Act of the Assam
~gislat.ive Assembly which received the assent of the '.Presiden t
is ~ liereby ~ublish~ d for general iniormation . _ ·~"'
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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
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ACT
t0 prov ide for tihe conferment of permanent "Status to workmen jn
th e industria l eshablishments ~n the State of Assam .
PHamblc . Where as it 'is expedient to make prov ision 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 <Conferment of permanent sta t.us to work-
men1. men) Act, 1985. ,,.
(2) It extends to the who'.e of the State of Assam.
<3) It applies to every industrial establ.ishment i (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 <Fifty) work111~n were qnplo~ed ·QU ap.y; '~i-Y 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)•
1n1ermittently, the .i. decisiOS\ ~;J-. the Government thereon
shall be final ; '
:-
Prov.idea that the Government may, by notific ation in
the official Gaze,te apply the pr,ov:isions of this-Act_ ta any
- ind ustrial establlshmentt · emplOying such nu~ ·q_f
work men less than ·fifty as may 00.. s:p.ecioned in , t~ t).9ti"'
!cation . .,,_
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Dtfi•itiU3.
(4) It shall come into force at once.
. . . Provided that notlhing contained ' in this Act1 shall
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 thi s Act · for the time b1:ing
applies and 'includes :-
(a) in a factory, any person named under Clau se (f)
of sub-section (1) of Sec tion 7 of t:he Factorie 5
Act, 1948 <Central) Act. LXIII of 1948) as manager
of ~he factory ;
(b) in any indunrial estabfo :hment under t1he control
of any Depr,rtmen t· of a·1y State Gover.r.menti in
India, the al'fihority ap1s1P1ted by such st.ate
Gover nment in this behklf . or where no c:ubhorit y
is so appoin~ed, the he;:;d d the departme n tl;
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(c) in any other incfostrial establishment . any p~non
responsible to the owner for the supervision and
control of the industri al estab lishmen t :
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(2) " Governm ent" means the State Governm ent of
A'"sam,
~ <3) ''Industrial Est;ablishment " means:-
<<t) :.1 factory as defined i n Clnuse (m) ;n SPct\on 2 of
thf> Factori es Ad. 1948 (Central Act . LXII1 of
1948) or any pl ace whirh ;5 deemP d to he a factory
under sub- section (2) 0f Sr.cticm 8~ 0 f t11:.1t Ac:•; or
(])) a' Plant ati on as defined iH Clause (f) of Section 2
nf th"' Plantatio n Labou r Act, 1951 (Central Act
LXIX of r9'51) ; or
<c) ci ~0to1· transoort imcfett::ikinrt - as defined in
Clans e <g) of Sect:ton 'Z f)f ne 1\fot0r Tran spo rt
Wr ;·ker::; ."'.ct 19fi1 (C,-.,.., t,n1l Act· 27 nf 10f:1): 0r
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
<Conditions of Employment) Act, 1966, (Cen t;ral
Act 32 of 1966) ; or
(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
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(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
pos e of this Act ;
C4) "Workman·' means any p€rson employed in any
industr:ial es tablishment ~o do any ski.lled or unskilled,
manual, supervisory , technic al or clerical work for hire
or reward wheth er the terms of employment be ex-
press or implied but does not include any such
person,- ...,,,
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. (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 emp loyed 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 o r 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 sha ll be said to be in con tin taus service
for a period if he is for that period, 1n uninterruntedi serv ie.e
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- 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.
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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-
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(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' - .. previ ous ye ars;
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(Hi) he has been absent due to temporary disablement
caused by accident arising ou+ of and in the course
of his employment; and
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(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 th ink 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): · ·
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_ 5. Powers and duties of Inspectors .-Su_biect to any
r ules made .b y the Gover nment in this behalf , the ·inspector
may, \Vi thin the local limi ts for which he· is· appointe 'd,--
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590 T~ ~ ~ ASSAM GAZETTE, EXT RAO.R D F~A RY. 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 indus trial 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.
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~ . 6. Penalties .- . (1) Eve ry emplo yer 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.
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7. Act not appl y 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 constructi on of building s, bridges,
roads , canals, dflms or other construction works whether
structural , mechankal or electrical.
8. Cog·nizanc e of Offence. - N o Cou rt inferior to that of
a Judicial Magjstrate of the fir st- class shall try any offence
under this · Act.
9. Power to exemp t.-The Government may, by notifi- 1
cation in the . Offici1al Gazette , exempt conditionally or un-
. -~ c9nd:i tiona1l y any employ er or class of em ployers or any
jndustrial establishment or class of industrial establish-
, me·nts , from ·the provision s of t his Act
· 10 .. Pf)we r to. m al{e rule s.- (1) The Gover nment may
-nake r,u,les to car ry out the pu r poses of thi s Act.
THE. ASSAM GAZETTE, EXTRAORDI NARY, 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 (E e-Gazette ) Na. 95.lOO!'i-400, 22_...19H•