The ASSAM PRIVATE PLACEMENT AGENCIES FOR RECRUITMENT OF WORKERS (REGULATION) ACT, 2019 (SINGLE DOCUMENT)

ASSAM ACT NO. X OF 2019 
(Received the assent of the Governor on 26th August, 2019) 
 
THE ASSAM PRIVATE PLACEMENT AGENCIES FOR 
RECRUITMENT OF WORKERS (REGULATION) ACT, 2019 
 
 
AN 
ACT 
 
 
 
 
Preamble. 
 
to provide for the regulation of Private Placement Agencies 
operating their business or willing to commence their business in 
the State of Assam for recruitment of workers and for matters 
connected therewith or incidental thereto.  
         Whereas it is expedient to provide for the regulation of 
Private Placement Agencies operating their business or willing to 
commence their business in the State of Assam for recruitment of 
workers and for matters connected therewith or incidental thereto;   
         It is hereby enacted in the Seventieth Year of the Republic of 
India as follows :- 
 
Short title, 
extent and 
commencement.
 
1.  
 
(1) This Act may be called the Assam Private Placement 
Agencies for Recruitment of Workers (Regulation) Act,2019 
 
(2) It extends to the whole of Assam. 
 
(3) It shall come into force on such date as the State Government 
may, by notification in the Official Gazette, appoint. 
 
Definitions. 
 
2.  
 
(1)   In this Act, unless the context otherwise requires, 
 
(a)  "Appellate Authority" means an Officer of the State 
Labour Welfare Department, Government of Assam not 
below the rank of Secretary to the Government of Assam 
to hear appeal under this Act; 
 
(b)  "Controlling Authority" means Labour Commissioner, 
Assam or any other Officer of the State Labour Welfare 
Department, Government of Assam to be notified 
specifically for the purpose of this Act; 
 
(c)   "Establishment" means an Establishment as defined 
under section 2(8) of the Assam Shops And 
Establishments Act, 1971; 
 
(d)  "Government" means the Government of Assam; 
 
(e)  "Inspector" means the Inspector appointed under section 
7; 
 
 
 
 
 
 
 
 
 
Assam 
Act No 
21 of 
1974 
 
 
 
 
2 
 
(f)  "License" means a license granted under section 5; 
 
 
(g)  "Notification" means a Notification published in the 
Official Gazette; 
 
(h)  "prescribed" means prescribed by rules made under this 
Act; 
 
(i) "Private Placement Agency" means a person or body of 
persons other than a Government Agency, Department or 
Organization engaged in the business of providing / 
supplying unskilled, semi-skilled, skilled and highly 
skilled workers to any person, Establishment, 
Government Department, Semi-Government Department 
and Government Undertaking and Semi-Government 
Undertaking within the State of Assam or in any other 
State of India or outside India; 
 
(j) "Women" means a woman as defined under section 10 of 
the Indian Penal Code, 1860. 
 
(k) "Worker" means a person engaged, through Private 
Placement Agency, to do any unskilled, semiskilled, 
skilled and highly skilled works, which term shall also 
include Domestic Workers; 
(2) The words “unskilled”, "semi-skilled", "skilled" and "highly 
skilled" respectively, used in this Act shall mean and imply 
the same meanings to the said terms as determined by the 
Government, by order, from time to time. 
(3)  Words and expressions used in this Act and not defined shall 
have the same meanings as defined under any other 
corresponding law for the time being in force. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
No.45 
of 1860 
 
Appointment of 
the Controlling 
Authority. 
3. 
The State Government shall, by Notification in the Official 
Gazette appoint the Labour Commissioner, Assam to be the 
Controlling Authority for the purpose of this Act. 
 
 
Persons or 
Private 
placement 
Agency not to 
operate without 
License. 
4. 
No person or Private Placement Agency shall carry out or 
commence the business of Private Placement Agency, unless he 
holds a License issued under this Act: 
           Provided that a Private Placement Agency which came 
into existence before the commencement of this Act, shall 
obtain a License as required under this Act within 90 (Ninety) 
days of the commencement of this Act. 
 
 
Application for 
Grant of and 
Renewal of 
License. 
5. 
(1) Every application for Grant of License under section 4 shall 
be in such form and manner as may be prescribed and shall 
be accompanied by fee of rupees Two Thousand and Bank 
Guarantee of rupees Five Lakh only. 
 
 
3 
 
(2) Controlling Authority may make such inquiry in respect of 
the application received under sub-section (1) and for 
making such inquiry, the Controlling Authority shall follow 
such procedure as may be prescribed. 
 
(3)  A License shall be issued on such terms and on such 
conditions as may be prescribed. 
 
(4)  A License issued under this section shall remain valid for a 
period of one year and may be renewed from time to time 
on payment of such fees and on such condition as may be 
prescribed. 
 
Cancellation 
and Suspension 
of License. 
6. 
(1)  If the Controlling Authority is satisfied either on the 
reference made to him in this behalf or otherwise, that,- 
(a)  a license issued under section 4 has been obtained by 
misrepresentation or suppression of material facts, or 
 
(b)  the license holder has, without reasonable cause failed to 
comply with the conditions of license or contravened any 
of the provisions of this Act or rules made thereunder, then, 
without prejudice to any other penalty which the holder of 
the license is liable under this Act, the Controlling 
Authority may, after giving the holder of the license a 
reasonable opportunity of being heard by an order, in 
writing, revoke the license and forfeit the bank guarantee 
furnished under sub-section (1) of section 5 by him or any 
part thereof and communicate the order to the holder of the 
license provided that where the Controlling Authority 
considers it necessary so to do for special reasons, he may, 
pending such revocation or forfeiture, by order, suspend the 
License for such period as may be specified in the order 
and serve, by registered post, such order on the holder of 
the License. 
(2)   Subject to any rules, that may be made in this behalf, the 
Controlling Authority may vary or amend a License issued 
under this Act. 
 
 
Appointment of 
Inspectors. 
7. 
(1)   The State Government shall, by Notification in the Official 
Gazette,- 
(a)  appoint the Officers of the Labour Welfare Department 
not below the rank of Labour Officer as Inspector for the 
purpose of this Act ; and 
 
(b)  define the limit within which an Inspector shall exercise 
the powers conferred on him by or under this Act. Every 
Inspector shall be deemed to be a public servant within 
the meaning of section 21 of the Indian Penal Code. 
(2) Every Inspector appointed under this section shall be subject 
to the control of the Labour Commissioner-cum 
Controlling Authority. 
 
 
 
 
 
No.45 
of 1986 
 
4 
 
 
Powers of 
Inspectors. 
8. Subject to any rules made in this behalf, an Inspector may, within 
the local limits for which he is appointed,- 
 
(a) enter at all reasonable hours, with such assistance, if any, 
of persons in the service of the Government or any local 
or other public authority as he thinks fit, any premises or 
office of the Private Placement Agency, for the purpose 
of examining any register or record or notices required to 
be kept or exhibited by or under this Act, and require the 
production thereof for inspection; 
 
(b) examine any person whom he finds in any such premises 
or place and whom he has reasonable cause to believe, is 
a worker employed or engaged by the Agency, therein; 
 
(c)  seize or take copies of such register, record of wages or 
notices or portions thereof as he may consider relevant in 
respect of an offence under this Act which he has reason 
to believe has been committed by the Private Placement 
Agency; and 
 
(d)  exercise such powers as may be prescribed. 
 
Appeal. 9.  
 
(1) Any person aggrieved by an Order of the Controlling 
Authority, made under section 5 or 6, may prefer an 
appeal, in such form and manner as may be prescribed, 
against the Order to the Appellate Authority within a 
period of 30(Thirty) days of the date of receipt of such 
Order:  
          Provided that an appeal may be admitted after the 
expiry of the said period of 30 (thirty) days if the 
appellant satisfies the Appellate Authority that he was 
prevented by sufficient cause from preferring the appeal 
within the aforesaid period; 
 
(2) Before disposing of an Appeal, the Appellate Authority 
shall give the Appellant a reasonable opportunity of being 
heard. 
 
(3)  Every Appeal under this section shall be disposed of 
within 3 months from the date of its filing. 
 
Function and 
Duties of 
Private 
Placement 
Agency. 
10.
 (1) The Private Placement Agency shall furnish the details of 
employment of worker to the Controlling Authority 
within 7(Seven) days from the date the worker has been 
employed within or beyond the boundaries of the State of 
Assam in the form and manner as may be prescribed. 
 
(2) No Private Placement Agency shall employ, engage or 
deploy any worker, if he/she is below 18(Eighteen) years 
of age. 
 
 
5 
 
(3)  Every Private Placement Agency shall display a 
signboard outside its office showing the name of Private 
Placement Agency and its License Number. 
 
(4)  Every Private Placement Agency shall maintain a register 
containing the names, sex, permanent and corresponding 
address, photos, nature of work and other details of 
workers, who are engaged by it, as may be specified 
through Government notifications from time to time and 
also names and addresses of person and establishment and 
other details, where the workers have been employed in 
the form and manner as may be prescribed. 
 
(5) Every Private Placement Agency shall ensure safe travel 
to and from place of work to the residence of the worker. 
 
(6) Every Private Placement Agency shall ensure payment of 
Government notified minimum wages vis-a-vis the 
scheduled employment applicable in the State where the 
worker is deployed through individual bank account of 
the worker. 
 
(7) Other functions and duties of Private Placement Agencies 
shall be such, as may be prescribed from time to time by 
the Government. 
Punishment for 
contravention 
of certain 
provisions. 
11.
 (1) Any person who contravenes the provisions of section 4 
of this Act shall be punishable with imprisonment for a 
term which may extend to 7(seven) years or fine which 
may extend to one lakh or both. 
 
(2) Any person who contravenes the provisions of section 10 
or any of the rules made under this Act or any of the 
condition of License, shall be punishable with 
imprisonment for a term which may extend to three 
Years, or with fine which may extend to fifty thousand 
rupees or with both; 
 
(3) No court shall take cognizance of any offence punishable 
under this Act except on a complaint – 
 
(i) made by the Controlling Authority appointed under 
this Act, or 
 
(ii) made by an Inspector appointed under this Act; 
 
(4) No court inferior to that of a Judicial Magistrate of the 
first class shall try any offence punishable under this Act; 
 
 
Limitation. 
 
12. 
 
 
No court shall take cognizance of an offence punishable under this 
Act unless the complaint thereof is made within 3 (three) months 
from the date on which the alleged commission of the offence 
came to the knowledge of the Controlling Authority or the 
Inspector, as the case may be. 
 
 
6 
 
Application of 
Code of 
Criminal 
Procedure, 
1973. 
13. 
 
 
The provisions of the Code of Criminal Procedure, 1973 relating 
to any search or seizure shall be applicable to any search or 
seizure made under this Act. 
 
No.2 of 
1974 
Act in addition 
to any other 
Laws. 
14. 
 
 
This Act shall be in addition to and not in derogation to any other 
law for the time being in force. 
 
 
Powers to make 
Rules. 
15. 
 
 
(1) The State Government may, by notification to be 
published in the Official Gazette, make rules for carrying 
out the provisions of this Act. 
 
(2) In particular and without prejudice to the generally of the 
foregoing power, such rules may provide for all or any of 
the following matters, namely:- 
 
(a) the form and manner in which the License is to be issued 
under sub-section (1) of section 5; 
 
(b) the inquiry to be conducted under sub-section (2) of 
section 5; 
 
(c) terms and conditions subject to which such License is to 
be issued under sub-section (3) of section 5; 
 
(d)  fees and conditions of renewal under sub-section (4) of 
section 5; 
 
(e)  cancellation and suspension of License under section 6; 
 
(f) the form and manner of appeal under sub-section (1)(a) of 
section 9 
 
(g) functions & duties of the Inspectors appointed under 
section 7; 
 
(h)  other functions and duties of Private Placement Agencies 
under section 10; and 
 
(i) any other matter which may be necessary to achieve the 
objects of this Act. 
 
 
Suit and 
Proceedings. 
16. 
 
 
No suit, prosecution or other legal proceeding shall lie against 
Controlling Authority, Inspector or any other authority under 
this Act in respect of anything done or intended to be done in 
good faith, under the Act. 
 
 
Offences to be 
cognizable and 
non-bailable. 
17. 
 
 
All the offences under this Act shall be cognizable and non-
bailable. 
 
 
 
7 
 
Power of 
interpretation 
and removal of 
difficulties. 
18. 
 
 
If any difficulty arises in giving effect to the provisions of this 
Act, the State Government may, by order, published in the 
Official Gazette, make such provisions not inconsistent with the 
provisions of this Act, as may be necessary for removing the 
difficulty:      
                Provided that no such order shall be made after expiry 
of a period of two Years from the commencement of this Act. 
 
 
 
 
 
 
 
 
 
 
 
S. M. BUZAR BARUAH, 
Commissioner 
& Secretary to the Government of Assam, 
Legislative Department, Dispur, Guwahati-6 

‹ Prev All Assam acts Next ›