LexThe ASSAM PHYSICALLY HANDICAPPED PERSONS (EMPLOYMENT IN FACTORIEs) ACT, 1986
Assam · state statute
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THE -ASSAM GAZETTE
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" E XTR· J}~ O- RD INA. RY
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PUBLISHED BY .AUTHORITY
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9{~ 28 . fftllf~. ~~~A, 22-t'11SP'ft""1• 1990.,-3 ~t~~. 1911 l~)
No. 28 Dl•par, Tharsda7. 22nd .Pebraary, 1990, 3rd Paalcu~a,
· 1911 (S~ E.)
. GOVERNMENT OF-ASSAM
ORDERS BY THE OOVERN'O
LEGISLATIVE DEPARTMENT : LEGJSt;:A~~ '.BRA~CH . - . - - . - - - - -..·- - -_. - .
·---- .. .
NOTIFICATION
The . 21st February, 1990
No.LGL.27/86/67.-The following J\:ct of the Assam Legislative
-:Assembly. which received the assent of.the President is hereby publi-
'shed for general .information . · ·
156 THE ASSAf4 GAZETTE, EXTRAORDINARY, F.EB. 22, 1990
ASSAM ~CT, NO. II .OE 1990
. ,-'~ ;:t '!',:.:tr~ " ;<'.~
~~ ~~~: ;.~ ~cf~it~
(Received the assent of the President on '1th F:ebruary,, 1990)
· THE ASSAM PHYSICALLY HANDICAPPED
EERSONS ._(EMPLOYMENT IN
FAC'I'ORIEs) ACT, 1986.;
:An
··;'.t':.
Act
~ secure employment to physically hanfilcapped
persons and prQvide for · matters connected
~herewitil .: ""
It is hereby .enacted in 1the Thirty-Seventh
Year of the Republic of India as follows :--, .
~-~ 1
Short title, 1 (1) Th' .,,.. b all d th ·~· A: . . 11 eXtcnt co- . is .n.ct may e c e e ssam
mmenc~~cntPhysically Handicapped Eersons (Employment in
a~d apphca·Factories) :Act 11 986 -tl()Q. . , ,.. • </,
(2) It extends to the whole of the S~ate of
Assam..
(3) It shall come into force at once.
(4) (a) It ~l apply in the first instance
~ . .
~=-~
(i) evecy existing factory wnere Rve
hundred or mqre workers are working or were
.working on any. day of the_ twelve months :inl
mediately preceding the commencement of the
rAct ., - · ~ , "'·~4 .n. iJ . '<'"!';·~ ... ;;~; ~,,:
(ii) every n~w factory where five hun:area
or more workers art:! working.
(b) The Staite Government m~; after giving
two months notice of the ~tention· of so doing,
by notificaition in the Official Gazette, apply the
provisions of th.ls Act to other factories where
. ,
TIIE ASSAM GAZETT:l!i, EXTRAORDINARY, FEB. 22, 1990 157
such lesser numoer of workers are wor&g as
specifi~ in such notification ;
', I • ..,., ~
·a.,.(c) It shall apply to a factory oelonging to
or managed by any Government exc_ept the
Central Government, if such factory is a factory
referred to 41 clause (~) or in the notification
issued under clause (b) ; .. ,... _
(d) 'A factory to which this Act applies under
clause (a) Qr (b) shall continue lf:o be governed
by this '.Act notwithstanding that the number of
workers "' working ;therein _falls oelow. the num
lier specified in clause (a) or in -the notification ·
issued under clause (b) ; ''"
~ : 1 ~~,--~'!1(.. -ii-~ ,._ ,.. ~ ' ~ ;;-:~~,
· Deftnltfona. 2. In this '.Act,. unless the context otnerwise
irequires :- · ,
• '""t•.•••-~ - ~-.....-.-.,,- r"";"'""~-11if!""'""'"".....,.,..,• ';:--' __ ...,......,,._~,..,..
. (a) ~~Certifying Surgeon'' means a Certffying
Surgeon ·. appointed under Section 10 of the
Factories .r:Act, \1948 ; 63 of 1948.
• •"•T> ''' " • --~.-:- ·· - -.....,.- • • • ·• -::..~
(b) "eXisting factory'' means a factory
exisitihg on: the commencei:nent of this '.A:ct ;
('.~
(c) •'Inspector'' means an Inspector appointe<l
uri'der Section 8 of the Factories ~ct 1948; 63cir1948.
. ' ' ! ~- ,,,,,_ ·~· . ._ - . .
. '
(a) "new. factory" means a: 'f?ctory fri which
tne manufacturing process is commenced at any
time af1ier·the commenc~ment o"f this ~ct; .
·.;;r r ""!"'; "',-~: .,- CY}"l:. ~
· ( e) "person registe~ed as. physically :fian'Cll
cappeo'' means a physically han'Oicapped person
whose name is registerea ~th an employment
exchange; _
n -~-r .-- ·':"" _.,-,-·-T·•·~-,. - f'lli~ Q@?~r..JC!!!!"YPl"IU""'.,.,qWIR~""9,!mfSQ!l!I!. tfl!;!',' r- .. -,.~~~~
(f) "pnysicalfy . handicapped person" means
a person who, on account or any oeri'cien:cy,
injury, aisease or congenital oe!ormity, is suo
stantially lianaicapped in obtaining or 'Keeping
·" employment , or -~ unoertaKing wor'k on his own
account, of a kind which out for such Cfefl:ciency,
.. ,
158 THE ASSAM GAZETTE. EXTRAORDINARY, FBB. 22,, 1990
injury, disease or a~formity would be suited tQ ·
his age, experience and gualifications ;~
. .
(g), nprescribed'' means prescrioed l:iy
rules made under {this '(A:Ct.;·
(h) (i) the word "employment exchange''
shall have the meaning assigned to it in the ·
Employment Exchanges (Compulsory Notification ·
of Vacancies) :Act, 1959. 31 oC19S9.
{ii) other woras and expressions used l:iut
not defined in this Act shall have meanings '.
respectively assigned ·to them m the Factories
'A' t 1948 63 of 1948. c ' .
' ~
Obligation ·3. (1) Every occupier of an existing -factory to
of occupl kr which this :Act applies shall · allocate : suctl to emp oy . ·
persoas re- number of vacancies for employmept of persons
. ~~~~fc:u~ registered as physically handicappea, as is not
hand.icappedless than one half percent or such higher per
in factory. cent not exceeding one as · may oe prescrioe0 · of
the numoer of worxers so worlong ..
----- . . c.. -· - ----,,.....-:;,'. '=•~· .. ~=~=.,,::: .. ~~
(2) Wliere an occupier has, unaer sue-sec
tion' (1), allocated a numoer of vacancies, sucn
occupier shall not, a;t. any time, tal{e or offer . to
taKe ,into his employment any person other than
a person r.egistered as physically handicappea
till all the vacancies so allocaitea· are Rlle'Cf.
(3)' Nothing in: suo-section (2) shall apply · to
ta'king, or offering to talte into employment any
person ireqU:J)reCJ '6y-
·,
(a) an agreement to reinsta~ sucn person
in his employment . enterea . foto oefore the
, commencement of thfs- ~ct ;' or .
~ -- ~· -· .- ·-.,... - · - -··,
(05 a:n ~ct wnetner. passea '6efore or after .
this \Act ;i or- .
. (c) any '.Judpement, aecree or .oroer o'f a _
court. ·
THE - ASSAM - GAZETTE. EXTRAORDINARY, FEB. 22, 1990 .159
(4) Every occup~er of a: new factOry to '
which this '.Act applies shall give employment to -_ -
such: number of persons iiegistered as physically
handicapped, as is not less than one haH percent
pf the work'.ers ~Q tie employed.
(5) Whenev:er this ~ct applies to an existing -
or n:ew factory the occupier thereof shall allocate
· such number of vacancies ':for employment ·of
persons registered as physically handicappea as
is n0it less than one half ·percent of ' the numoer
of workers so worldng and thereupo~ the provi
sion of sub-sections (2) and (3) shall so far as
maiy - be, apply. · . .
(6) In 'determining the num'6er of Vacancies
for employment of persons registered as pliyai
caliy -handicapped under sub-secti:on-0) or_· sub
section (5) and the numoer of person5 regi.Steroo
as physically -handicappeg to -be employ~d und~r
sub'.'"section (4), a fraction equal to or exceeaing -
half shall be counted as one a:n~ a: fraction _le.ss
!than half shall 0e igntjred.
Conditions - 4. No physically handicap~ _ pe~son shall
for employ- be employeo unoer SeQtion 3 unless- · -ment ofphy- . · _ . •
sically han
dicapped
persons.
Certificate
offl~••t -
(a) ·he is an ·adul't ;~ -·
(b) his name is registered at 'any employ
ment exchange in th~ State ; and . __
(cJ a certifi'cate of nfuess granletf "under
Section 5 is . -frr .the custooy of man_ager of
the - '.facfury.
5. (11 A Cer;tlfyin-g Surgeon snall, on an appli~~
tiorf of a person regisrterea as physically nandi
capp~ ~ccOmpanied by a: aocuinent s1gnea oy·tne
manager -~f- a i~ctory ttiat . such -person ~will oe -
employea tnerein if cerltined to oe m--for ·worli
i.n the factory or. on. a:n· , app!icatfon of tlie
manager of ffie !actory in which t1ie person
registeried as physicaliy fiandicappefd -wishes , to
worlt · examine ·sucli' person and ascertain his
rti_tne;s for w~r'K- in a f!adfory.,
160 THE ASSA;t<.L GAZETTE. EXTRAORDINARY, F~B. 22, 1990
(2) W. Certifying Surgeon after examination
may grant to the personn registered as physicatly
handicapped a certificate of fitness to work in' the
prescribed .lfOlliIDS ;
Provided that the Ce'i#fying Surgeon shall
not grant .certificate -under this sub-section unless
he has personal lfuowledge of the place where
.the person registered . as physically hand~capped
person is to be · emploY:ed and of the manufac
turing proeess in which he is ito · be employed .. _ _,
(3) 'A' Certifying Surgeori' may revolte any
certi ficate granted uhaer sub-section (2) if in his
opinion the holder of it is-no longer fit to work
in 1the . capacity .stated therein' in .a factory.
(4) Any fee payabl ·e for the certificate under
this section shall be paid oy the occupier and
shqll not be recovered 'from the person registered
as physically handicapped .-
~c:tnt!~ 6. Every occupier to ;whom Section ·3 applies
lned · by shall maintain: a recoro in such form as may
o~picr. b~ prescrioed, o·f particulars showing the number .·
of persons employed oy him, the humoer . of
persons . registere4 as physically handicapped
employea by him ana the .names of such person ·s
and such other particulars as may oe prescrioed.
Powers anq .. 7. Subject to any rules maae . oy the .State
duties of ·a t ,. - this beh lf I to Inspeotori. overnmen, m . a , an nspec r m_ay,
within the local limits fur which he i_s appointed---
- (a) enter at all reasonaole times, acco-mp-
parued :with such persons in:_ the service . of the
Government as he thin.Ks fii_t, any place which is
used or which: he has re_ason · to oelieve is used
as a :fact~ ; ~
(b) make sucn examination of recoros and
taKe on the spot or otherwise evideri'ce of any
person as- he may deem necessary; · 'for carrying
ou,t the purposes ?f this ;Act;· an"d
. THE ASSAM GAZETTE. EXTRAORDINARY, FEB. 22, 1990 161
(c) exercise sucn Qther PQwers as may be·
pre.SCri'bed, for ca-rrying out the pµrposes of this
_Act:
Provided that no one shall be required -under
this · section to answer any question or to give
any evidence tending to incriminate himself .
Occupier 8. Every oecupier and in his . absence the
and manager h .11 d ·d d · f · t• to produce manager s a.i on eman pro µce or mspec, ion
records, etc. by an Inspector all records required to be kept
for inspec• d · f h hi tion. un er and or t e P1:1rposes of t s . :Act.
Oi'encea by
occupier or
manaaer.
9. If any occupier or imanager -
Penalty (or
using fal1c
(a) fails to employ under Section 3 persons
registered as physically handicapped; or ·
(b) contra'vences provisions of Section 4;-or
(c) fails to · maintain r·ecords reguired
under Section 6 ; or
(d) wilfully obstructs an Inspector in tbe
exercise of his powers or discharge of his dutie s
under fhis Act or fails to produce for inspection
. on demand by an ·Inspector ahy records maintai
ned in pursuance of the provisions of this Act or
the rUles made thereunder 9r to supply to hLnl
.on demand true copies of any such recoras ;
(07 .... C: . ; ;)._.:.: ~ · - - -
· -~
he shall oe punishaole witl1 imprisonment
which may: extend to six ·months or · .witll fine
which may extend tQ one ,thousand rupees pr. with
both.:
'
10. Whoever knowingly uses or at,tempts to
certificate of use as a certificate of fitness granted to hims -elf
fitneaa. · under Section 5, a certificate granted to arrother
person under 1that · section or who, having pro
cured such a certificate, knowingly allows it to
be used or an attempt to use ~t to oe made, by
another person, ·shall be punishable with impri
sonment for a -term which may extend to one
162 . THE ASSAM GAZETTE. EXTRAORDINARY. FEB. 22, 1990
month or with fine which may e:.Aend to one
hundre~ rupees o'r · iwi1lh both.
Coanizance 11. No ~ourt shall take cognizance of any
ofoll'cnces. offence unde~"this Act, except on a complaint by,
· or with the previous sanction in ~ting of, an
lnspect9r.
12. No suit or pther proceedings shall lie
against the State Government or any officer or
· · elllployee of the State Governmen~ for anything
whic};l is in good faith done or mtende .d to be
done in .pursuance -of 1this Ac~ or any rules made
theteunder ,
Power to ;. ' _f3. (i) ~ The State - Governmeht may, by
make rides. notification 1n the Official Gazette make rules . ' for carrying 9ut the purposes of this Act.
. (2) In particular ana withQut prejudice to
-'the. generality of the foreg,oing power, such rules
may provide for all or any of the following
matters, namely , :-
·(a) ·the -form in which a certificate of · ~tness
~to work -to be granted by a Certifying Surgeon
under sub-section (2) of :section 5 ;
(b) the form in wl}ich an occupier shall
nialhfain a record all:d tlie ·:c)ther particulars .to tie
shQwn an such fQrm ~
'· ~ - {c) the rul~s subject to whicli an Inspector
,· may ~x.ercise his powers and perform his ·Cluties
under Section· 7 and the other powers to be
exercised oy an lnsp~ctor under clause (c) of
Section \7 ; and
(d) any other matter which is to be or may
- be ipres~ibed.
' (3) The power ~o malie rules conferred by
this section shall be .subject to the condition of
the ' ruies being made · after ·previous publication.
flit A§sAif c.AZl'firt. arlaAoioiNARY. FEB. 22. 1996 1~
(4) All rules made under this section. shall
)de laid for not less than thirty days before the
State Legislature as soon as possible after they
are made and shall be subject to resc~sion by
the Sitaite Legislature or to such modifications as
the State Legislatul'e may mak.e during ~he
session -in which they are so laid or the .i:ession
immediaitely followmg.
(5) Any resciss10>n or modification so made
oy the Sbtite Legislature shall be published in
the Official Gazette, and shall thereupon take
~ffect,
~. RAHMAN,
Searretary ·to the Gov.t. of Assam,
_ Lejlisla·tive ~epartment.:
• OUWAHAn.-P1lntrd '\Dd htlishedby•"' D1.Director(P), Dinc:torate ofPtg.an
Ser., Assair, Guwabati-21 (Ex-Gasette) 'No. $5-1,110-300-22-2-1990.
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