The Assam Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1985

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TH E ASS AM  GAZB VVB
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extraordina ry
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PUBLISHED BY AUYHORIYY
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4? 48 !3r5i<, 22 •afa sr, 1994, 2 ^i? rsf , 1916 ( i» )
No. 48 Oi spur, Friday, 22od Ap ril, 1994, 2nd Vaisakh a,
;  _____ _  1 916  (S, B . ) _____________
GOVERNMENT OF ASSAM <• , ’  i? sH  
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT : LEGISLATIVE BRANCH
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NOT IFICATIO N
The 22nd April 199 4.
/ .  /  . - : • •
No. LGL. 105/85/107.—The following Act of the  Assam 
Legislative Asse mbly whi ch rece ived  the  assent of the Pre sid ent  
is her eby published for gen eral  infor mation, ~

58 THE  AS SA M  GA ZE TTE, EX TR AO RD INAR Y, ATK, ‘ 42 , 1^ 9 4
AS SA M  AC T NO. IX  OF 199 4.
(Receiv ed the asse nt o f the Pres ident on  16th April, 1994)
THE  AS SA M  IND US TR IE ES TA BL ISHM EN TS  
(CONFE RMENT  OF PERM AN EN T ST AT US
TO WO RKM EN)  AC T, 1985.
.  AN ?. y ....
AC T
to  provide  for the conferm ent of perm anent status to wor kme n in 
the ind ustrial estab lishm ents jn the State of Assam.
Pr ea m bl e.  Whe reas it is exp edient to make  provis ion for con­
ferm ent of  permanent status to worke rs in the industrial 
estab lishm ents in the State of Assam.
It is hereb y enacted in th e  Th irt y-six th Ye ar of the 
Rep ublic of India, as follow s:—
Sxt °r tt  (i) This  Ac t ma y be called the Assa m Indu stria l
co m m en ce " Establish ments (Conferme nt of perm anent status to wo rk-  
“ e u'-  men) Act , 1985. ,
(2 ) It extend s to the who le of  the  State of Assam.
(3 ) It applies to ev ery indu strial esta blishme nt (not 
being an establish ment of a seasonal c har acter or in whic h 
wo rk is perform ed onl y interm if tenty) in which not less 
tha n 50 (Fifty) wor kme n we re employed on any  day of  
tfie prec edin g tw elv e months. If any question arises 
wh eth er an indu strial establish ment is of a seasonal 
cha rac ter or whether wo rk is perform ed the rein  only 
interm itte ntly, the  decision o f the Gov ern ment thereon 
sha ll be fi n al;
Pro vide d that the Gov ernm ent may, by  notifica tion in 
the official Gaz ette  app ly the  provision s of this Ac t to any  
industrial  establish ment emp loyin g such num ber of 
wor kmen less than  fifty as may be  specified in the noU- 
lcation,
*

Lt-tb A S S A M  LrAZ,£i'l i  t ,  b A iK A U K U U N A r . X. / M R -  4 Z , J O /
(4)  It shall come into force at once.
Provide d that noth ing containe d in this A ct * shall 
apply to any ind ustria l establishm ent until the expiry of 
a period of two years from  the date  of its establish ment. 
2. In this Act, unless the con text  othe rwis e require s,—
1 1 ) ' em ployer” means the own er of an industrial 
establishment to whic h this Act for the time being 
applies and inclu des :—
(a) in a factory, any perso n named und er Clause (f) 
of sub- section (1)  of Section 7  of the Facto ries 
Act, 1948 (Central) Act LXIII of 194 8) as man ager 
of the fa ct or y;
(b)  in any ind ust rial esta blis hment under  the control 
of any Depar tment of any State  Government in 
India, the  autho rity  appointed by such State 
Gov ernmen t in this  behalf, or wh ere no autho rity  
is so appointed, the head of the de pa rtm en t;
(c)  in any  oth er industrial establishme nt, any person 
responsib le to the  owner for the supervisio n and 
con trol of the industr ial es tablishm en t:
gd jg SS ri ■  ■  ■  -  * *
(2) "G ove rnm ent ” mea n s the  Sta te Gov ernmen t of 
Assam.
S ’ (3) "In du str ial  Esta blishme nt” means :—
(a) a factory as defined ? n  Clause (m) fn Sectio n 2 of 
the Factorie s Act, 194r (Cen tral Act, LXI II of 
1948) or  any place w h ic h ’s deemed to be a fac tory 
under  sub-sectio n (2 ) of Section S^ of  that Ac t; or
(b) a ; Pla nta tion as defined in Clause (f) of Section 2  
of th < =  Pla nta tion Lab our Act, 19 51  (Cen tral Act 
LXIX  of lff.51); or
(cl a motor fransn ort undertakin g as defined in 
Cl au se  (g) of Secti on  2 Of th e  M otor  T ra nsp ort  
Workers Act, 1961 (C en tral  Act 27 of 198 1): or

588 THE ASSAM GAZETTE, EXTRAORDINARY, APR. 22, 1994
(d) a beedi ind ust rial prem ises as defined in Clause (i)
of Section 2 of the Beedi ana Ciga r Work ers 
(Conditions of Employment) Act, 196 6, (Central 
Act 32 of 1966); or -
(e) an esta blis hment as defined in Clause (8) of Sec­
tion 2 of the  Assam Shops and Establishm ents  
Act 1971 (Assam Act XXI of 197 4) ; or
(f) any  oth er establis hment which the Government 
may, by noimcatio n in the  official Gaz?'"e declare  
to be an "'ind ustrial establishment” for the pu r­
pose of this  A ct;
(4 ) "W orkman” means any person emplo yed in any 
ind ust ria l esta blis hment to do any skille d or unskilled, 
manual, supe rvisory, tech nical or clerical work for hire 
oi-  rew ard  wh eth er the terms of emp loym ent be ex ­
press or implied but does not include any  such 
person,—
(a) who is employed  in the  police service oi' as an 
officer or other employee of a prison; or
(b) who is emplo yed mainly in a manag eria l or ad­
ministrative capacity; or
(c) who, being employed in a sup ervisor y capacity, 
draw s wages excee ding one thousand  rupees per  
mensum or exercises, either by the na ture of 
the  duties atta ched to the office or by reaso n of 
the  powers veste d is him func tions mainly  of a 
man agerial nature. -  * —
3.  Con ferm ent of per manen t status to workme n.—( lj 
Notwithstanding any thing contained in any law  for the 
time being in force eve ry work man who is in continuous 
servic e for a period of 180 davs in a period of 12  (twelve) 
cale nde r mon ths in an ind ust rial esta blis hment shall be 
made perm anent.
(2) A wor kman shall be said to be in continuous service 
for a period if he is for tha t period, in u ninterrupted  service

IB S  ASSAM  GAZETTE, EXTRAOxtDINAKY, APR. 22 ,19 94  589
inclu ding service whic h may be interrupted on account of 
sickness or authorised leave or an accident or a strike , 
which is not ille gal  or a lockout, or on accout of non-em­
ploym ent or discharge of such workman for a period which 
.  does not exceed 45 days and during which period a subs­
titute, has been employed  in  his p lace by the employer, or a 
cessation of work which is not due to any fau lt on the part 
of the workm an.
1 .......
Explanation.— For the purposes of this section; the 
number of days  on wh ich a workman has work ed in an 
industrial establishment include the days
(i)  he has been laid off under an agreem ent or as per ­
mitted by standing orders made under the Indus ­
tria l Employm ent (Standing Orders) Act, 1946 
(Cent ral Act XX  of 1946 ) or under any other law  
applicabl e to the industria l esta blis hment; '
(ii) he has been on lea ve with full wages, earned in the
prev ious years;
(iii) he has been absent due to tempora ry disablement 
caused by accident arising ou +  of and in the course 
of his employment; and • g  r
(iv) in case of a female , she has been on mat ernity 
leave; so.  however,  that the total period of such 
matern ity leave does not exceed  twelv e weeks.
?
4 . Appointment of Inspectors.— (1) The Gove rnment 
may, by notification, appoint such persons or such class of 
persons as the y think fit to be Inspectors for the purpose of 
this Act with in such local limits as the Gove rnment may  
specify.
(2 ) Ev ery  Inspector shall be deemed to be a public  
serva nt within the meanin g of Section  21 of Indian penal 
Code (Cent ral Act X LV  of 1860):
5. Powers and duties of Inspectors.— Sub ject  to any 
rules made by the Gove rnment in this behalf, the inspector 
may, with in the local limits for whic h he is'ap poin ted,—

590  THE ASSAM GAZETTE, EXTRAORDINARY, APR. 22, 19 94
(a)  enter at all reasonable times and with such assis­
tance, if any, who are persons in the service of the 
Gove rnment or of any  local auth ority as he think s 
fit to take with him, any industrial establishments;
(b) make such exam ination of the industrial estab lish­
ments and o f any registers, records and notices and 
take on the spot or elsewhe re the eviden ce Of  such
x  persons as he may deem necessary, for carrying
out th e purposes of this Act; and,
fe) exer cise such other powers as ma y be necessary for 
car ryi ng out the purposes of this Act.
6 . Pena lties.— (1) Every  emp loye r who contravenes 
the provis ion of Section 3  of this Act shall be punishable 
with fine whic h may  extend to five thousand rupees and in 
the ca se of continuing offence with a further  fine which may  
exten d to two hundred rupees for eve ry day after the first 
during whic h the offence continues-
(2 ) No prosecution for an offence punishable under the 
section sha ll be institu ted except with the previo us 
sanction  of the prescribed authority.
I
7.  Act not app ly to workmen employed in certa in 
indu stria l establishment.— Nothing contained in this Act 
shall app ly to work men employed in an industrial esta b­
lishme nt engaged in the construction of building s, bridges, 
roads, canals, dams or other construction wor ks whe ther  
structural, mechanical or electrical.
3 -  Cognizance of Offence.— No Court infe rior  to that of 
a Judicial Magistrate of the fir st - class shall try any offence 
under this Act.
9 . Pow er to exem pt.— The  Gove rnment may, by notifi­
cation in the Official Gazette, exemp t cond ition ally or un­
conditiona lly any  emp loyer or class of employers  or any 
indu stria l establishment or class of industrial esta blish­
ments, from the provisions of this Act.
10 . Pow er to . make rules.— (11  The Government may  
make  rules to car ry out the purposes of this Act

THE ASSAM  GAZETTE, EXTRAORDINARY, APR. 22, 1994 591
(2 ) Al l rules made under this Act shall be published 
in the Official Gaze tte and unless the y are expressed to 
come into force on a particula r day, shall come into force 
on the day on which the y are so published.I
(3 ) A ll notifications issued under this Ac t shall, unless 
the y are expre ssed to come into force on a particular day 
sha ll come into force on the day on w hich  they  are publish­
ed.
(4) Ev ery  rule  or notification issued under this Act 
shall as soon as afte r it is made or issued shall be laid 
befo re the Assam Leg isla tive  Assembly , and if, before the 
ex piry of the session in which it is so placed or the next 
session, the legislat ure agrees in making any modification 
in any  such rule  or notification or the legislat ure agrees 
that the rule  or notification should not be made or issued, 
the rule or notification shall, the reafter  hav e  effect only in 
such modified form or be of no effect as the case may  be so 
how ever , that any such modification or annulment shall be 
withou t prejudic e to the valid ity  of anythin g previou sly 
done under that  rule  or notification-
K. LA SK AR ,
Sec ret ary  to the Govt, of Assam, 
Leg isla tive  Department.
GU WA HA .TI—Printed  and published by the Dy.  Directo r (P ), Dir ecto rate e f Ptj  
end , Sty . Asjana, Ga wa hati-2 1 (Es-G azett e) No. 95-1005-400, 22-4.1994*

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