LexThe Assam State Industrial Relief Undertakings (Special Provisions) Act, 1984
Assam · state statute
Open in Lexace · Ask the AI about this actP Regis tered No, &-1& The Assam Gazette ~ < -■ EXT RAO RDINAR Y / tfW W ^R «W S P U R T S PUBLISHED BY AUT HOR ITY 76 fw *^, *ifa^ra, 7 .a fs re r, 1984, 18 p’® 1906 ( XR?) No . 76 Di spur , Sa tu rd ay , 7th Apr il, 1S84, 18th Ch ait ra, 1906 (S. E.) GOVERNMENT OF ASSA M ORDERS BY THE GOVER NOR LEGISLATIVE DEPARTMENT : LEGISL ATIVE BRANCH NOTIFICATION The 7tK April 198 4 No.LGL.86/83/62.—The following Act of the Assam Legislative Assembly whic h received the asse nt of the President is hereby published for gen era l informa tion . _ ____ ______________ ___ 822 THE ASSAM GAZETTE, EXTRAORDINARY, APR IL 7. 198 .. A ASSAM ACT NO. VII OF 198 4 (Received the assent of the President on 7th April, 1984 ). THE ASSAM STATE INDUSTRIAL RELIEF UNDER - W TAKINGS (SPECIAL PROVISIO NS) ACT, 1984. / '-f-r ,, ,,, : ' \ S ’ - ■ * . ■ - ' An V 'S '* Act to enable the State Government to make special provisions for industrial undertakings for providing relief against unemployment. Preamb le. Sho rt title, extent and commenc e me nt. D e f in itio n ? . Whereas it is expedient to take steps to enable the State Government to make special provisions for a limited period in respect of industrial rela tions, financial obligations and other like matters in relation to industrial undertakings the running of which is considered essential as a measure of prevention or of. providing relief against unem ployment, in the manner hereinafter appearing ; 1 It is hereby enacted in the Thirty-fifth Year of the Republic of India as follows :— 1 . (1 ) This Act may be called the Assam State Industrial Relief Undertakings (Special Provisions) Act, 19 84 . (2 ) It extends to the whole of the State of Assam.- < - (3 ) It shall come into force at once. 2. In this-Act, unless the context otherwise requries :— (1 ) "Government Company” has the meaning assigned to it . in Section 61 7 of the Companies Act, 10 56 (1 of 1 9 o THE ASSAM GAZETTE, EXTRAORDINARY,. APRIL 7, 1984 823 (2 ) "In du str y” means any business, trade, undertakin g, man ufac ture or calli ng of employees and includ es any calling s, services, employment, handicraft or industrial occupation or avocation of work men but shall not includ e tea plantation and the word "industrial” shall be construed a ccordin gly ; (3 ) "Not ification” means a notification pub lished in the Official Gazette ; (4 ) "R elief Und ertaking ” means a State indu stria l undertaking in respect of whi ch a decla ration under Section 3 is in force ; (5 ) "St ate Industrial Und erta king ” means an industria l u ndertaking :— (a) whic h is started or which, or the manag ement of which is under any lavz or agreement acquired or other- < • wise taken over by th e State Gov ern- • ment or by a Gov ernmen t Company and is run or proposed to be run by, or under the aut hor ity of the State Governm ent or a Governm ent Com pany ; or ' (b) to which any Ioan, advance, or gran t has been given, or in respe ct of any loan whereof, a guar antee has been given, by the State Governm ent or a Governm ent Company, Declaration 3 The State Government, may, if it is satis- ’ ndertakin g if * s n ecessary or expedient so to do in 1 the public interest, wit h a vie w to enabling the continued running or re-star ting of a State Indus tria l Undertaking as a measu re of prev ention or of pro viding relief against un-employmen t, declar e, by notification, that the State Industrial 824 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 7, 1984 Undertak ing shall, on and from such date and for such period as may be specified in' the notification, be a rel ief un dertakin g : Prov ided that the period so specified shall not in the first instance, exceed on e' y ear but may, by a like notification, be extended, from time to time, by any period not exceedin g one y ear at a time so, however, that no notification issued under this section shall in any case remain in force for more than five yea rs in the aggregate. A p p li ca ti o n 4. The State Gov ernm ent- may , if it is satis- e n a ctm T ts fied that it is necessary or expedient so to do for a n d c o n ti a ctst he purpose specified in Secti on 3 direct, by X e tTe£iief notification, — undertaking . fa) that in relation to any relie f unde rtaki ng all or any of the enactments specified in the. Sched ule to this Ac t shall not app ly or shall app ly with such adaptations, ' whether by wa y of modification, addition or omission' (which does not, however, affect the poli cy of the said enactments) as may be spe cific! in such notification ; or (b) that the operation of all or any of the contracts,, assurances of prop erty, agre e ments, settlements, awards, standing orders or other instru ments in force (to whic h any rel ief und ertaking is a party or which may be a pplicable to any relie f under taking) imm edia tely before the date on which the State Indu stria l U ndertaking , is declared to be a rel ief undertakin g, shall remain suspended or that all or any of the rights, privileges, obligation and liab ilities accru ing or arising the rea fter before the said date, shall remain sus pended or shall be enforceable wit h such modifications and in such manner as may be specified in such notification. THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 7, 19 84 825 Overriding effect of notification und er Section 4. 5. A notification issued under Section 4 shall have eff ect notw ithsta nding anythin g to the con tra ry contained in any other law, agreem ent or instru ment or anv decree or order of a court, tri bunal, officer or other autho rity. o M n o d d k a 6 - An y remedy for the enforcem ent of any tion o f cert"- right, priv ilege, obligation or lia bi lit y refe rred to r ig h te ^ e te .eS^n Claus e (b) of Section 4 and suspended or modi- st ay o ’f p r o - fied by a notification under that section shall, in th e k r e v iv a l accordance with the terms of the notification, be a n d c o n - suspended or modified, and all proceedings rela - tin ua nc e. thereto pendih g before any court, tribunal, officer or o ’ther authority shall acco rdin gly be stay ed or be continued subject to such modifica tion, so, however, that on the notification, ceasing to have effect, — (a) any right, privilege , obligation or lia bil ity so suspended or modified shall rev ive and be enforceable as if the notification had nev er been issued, and (b) any proceeding so staye d shall be proce eded w ith subject to the provisions of any law whic h may then be in force from the stage whic h had been reached when the proceeding was stayed. Period of limitation. Power to mak e rules,’ 7. In computing the period of limit ation for the enforc ement of any right, priv ilege, obliga tion or lia bility refe rred to . in Claus e (b) of Section 4 , the period durin g which it or the rem edy for the enforcement thereof was suspended, shall be excluded. 8 . (1) The State Gove rnment may. sub ject to the condition of previous publication, make rules to car ry nut the provisions of this Act. 326 THE ASSAM GAZETTE. EXTRAORDINARY, APRIL. 7, 19 84 (2) ■ In part ic ula r an d w itho ut pr ej ud ic e t o th e ge ne ra lity of th e fo rego ing po we r, such ru le s m ay pr ov id e fo r all or an y of th e follo wing m at te rs , na m el y (a) th e ra te s of wa ges pa ya bl e to th e w or km en an d th eir w or kl oa ds and th e sa la ry pa ya bl e to th e staff, th e pa ym en t of bonus, gr at ui ty , com pe ns atio n an d ot her b en efi ts ; (b) th e m an ne r in whi ch th e re lief un de rt ak in g s ho uld be ru n ; fc) th e st re ng th of sta ff an d la bo ur to be em pl oy ed fo r ru nn in g th e re lief un de rt ak in g ec onom ic al ly ; * » (d) th e m an ne r in whi ch th e net p rofit s or net los ses or su rp lu s fu nd s sh ou ld be ap pr opr ia te d or disposed o f ; (e) th e pe rc en ta ge of pr of its to be u ti lise d fo r th p be ne fit of th e perso ns, em pl oy ed in th e under ta kin g an d th e m an ne r of its ut ilis at io n ; (f) th e m an ne r in w hi ch an d th e ex te nt to w hi ch th e re pre se nt at iv es of th e w or km en m ay be associa ted w ith or m ay pa rt ic ip at e in th e m an ag em en t of th e re li ef under taki ng . (3) Eve ry ru le m ad e un der th is Se cti on sh all be lai d, as soo n as m ay be af te r it is ma de, be fo re th e As sam Legisla-r tive As sembly w hi le it is in ses sio n f or a to ta l pe rio d c .- f fo ur te en da ys which m ay be co mprise d in one ses sio n or in tw o successiv e ses sions, an d if, be fo re th e ex pi ry of th e sessi on in whi ch it is so laid or th e ses sion im m ed ia te ly fo l low ing , th e Ass am Leg islativ e Assem b ly ag ree in m ak in g an y mo dif ica tio n in THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 7, 19 84 8 2 7 the rule or the Assam Legislat ive Assembly agree th at the rule should not be made, the rul e shall thereafte r have effect only in such modified form . , or be of no effect, as the case may be, so,'h owever, th at any such modification or ann ulm ent sha ll be witho ut pr eju dice to the val idity of any thing pre vi ously done under tha t rule . Sa^ ng f * 1‘ 9. (1) The Assam Sta te Ind ust ria l Relief Undertaki ngs (Special Provisions) ' Ordinance, 198 3 (Assam Ordinance No. VI of 1983) is h ere by repealed. (2) Notwithst and ing such repeal any .action tak en or any ord er passed any proceeding s comm enced or any thing whatso ever done under the Ordinance so repealed shall be deemed to have been taken, passed, commenced or done under the corresponding provisions of this Act, as if this Act had commenced on the 30th day of December, 1983 (the date of promulgat ion of the Ordinance). ' THE SCHEDULE. [See S ection 4 (a) ] 1 . The Ind ustrial Employ men t (Standin g Orders) Act, 1946 (20 of 1946). 2. The Indu str ial Disputes Act, 1947 (14 of 194 7). 3. The Assam Shops and Establishm ents Act, 1971 (XXI of 1974). • MD. SAADULLAH, Secre tary to the Govt, of Assam, Legislative Dep artm ent. GU WHA Tl—Prin ted and publish by the Supd. i/c „ Assam Govt. Printing Press (Ex-G azette) No. 15 1- 1,00 0—400—7-4-1984. p ’