LexThe Tamil Nadu Industrial Establishments (Conferment Of Permanent Status To Workmen) Act
Tamil Nadu · state statute
Open in Lexace · Ask the AI about this act
THE TAMIL NADU INDUSTRIAL ESTABLISHMENTS
(CONFERMENT OF PERMANENT STATUS TO
WORKMEN) ACT, 1981
(Tamil Nadu Act 46 of 1981)
WITH
THE TAMIL NADU INDUSTRIAL ESTABLISHMENTS
(CONFERMENT OF PERMANENT STATUS TO
WORKMEN) RULES, 1981
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent, application and commencement.
2. Definitions.
3. Conferment of permanent status to workmen.
4. Appointment of Inspectors.
5. Powers and duties of Inspectors.
6. Penalties.
7. Act not to apply to workmen employed in certain industrial
establishments.
8. Cognizance of offence.
9. Power to exempt.
10. Power to make rules.
________________________________________________________________
Section 3 of the Tamil Nadu Industr ial Establishments ( Conferment of
Permanent Status to Workmen) Act,1985 ( Act 44 of 1985) reads as under :-
3.Validation.—Notwithstanding anything contained in any judg ment,
decree or order of any court or other authority, all acts done or proceedin gs taken
in pursuance of section 3 (including the Explanation) of the Principal Act a t any
time on or after the 1 st day of January, 1982 and before the date of publication of
this Act in the Tamil Nadu Government Gazette, in relation to every workman in
an industrial establishment for the purpose of conferment of permanent status to
such workman by any officer or autho rity shall, for all purposes, be deemed
to be, and to have always been, validly done or taken in accordance with law as
if section 3 of the Principal Act as amended by this Act had been in force at all
material times when such acts or proceedings were done or taken.
THE TAMIL NADU INDUSTRIAL ESTABLISHMENTS
(CONFERMENT OF PERMANENT STATUS TO WORKMENT)
ACT, 1981*
(ACT NO. 46 OF 1981)
(Received the assent of the President on
the 5th August, 1981)
An Act to provide for the conferment of permanent status to workmen
in the industrial establishments in the State of Tamil Nadu.
BE it enacted by the Legislature of the State of Tamil Nadu in the
Thirty-second Year of the Republic of India as follows:-
1. Short title, extent, application and commencement. –
(1) This Act may be called the Tamil Nadu Industrial Establishments conferment
of Permanent Status to Workmen) Act, 1981.
_________________________________________________________________
*Vide the Tamil Nadu Government Gazette Extraordinary, Pt.IV, Sec. 2 dated the 10 th August,
1981, at p.519.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It applies to every industrial establishment (not being an
establishment of seasonal character or in which work is performed only
intermittently) in which not less than fifty workmen were employed on any day
of the preceding twelve months. If any question arises whether an industrial
establishment is of a seasonal character or whether work is performed therein
only intermittently the decision of the Government thereon shall be final :
Provided that the Government may, by notification, apply the
provisions of this Act to any industrial establishment employing such number or
workmen less than fifty * as may be specified in the notification.
(4) It shall come into force on such date 1 as the Government may, by
notification, appoint :
Provided that nothing contained in this Act shall apply to any industrial
establishment until the expiry of a period of two years from the date of its
establishment.
______________________________________________________________
Application of provisions of Tamil Nadu Industrial
Establishments (Conferment of Permanent Status to Workmen)
Act to certain establishments.
[G.O.Ms.No.2043, Labour and Employment, 24 th September, 1982
(Puratasi 8, Thunthubi, Tiruvalluvar Aandu 2013]
*No. II (2)/LE/5527/82 ---- In exercise of the powers conferred by the
proviso to sub -section (3) of section 1 of the Tamil Nadu Industrial
Establishments (Conferment of Permanent Status to Workmen) Act, 1981 (Tamil
Nadu Act 46 of 1981), the Governor of Tamil Nadu hereby applie s the
provisions of the said Act to all industrial establishments (not being an
establishment of a seasonal character or in which work is performed only
intermittently) in which not less than twenty workers were employed on any day
of the preceding twelve months.
1:1st January, 1982 (vide G.O.Ms.No.2813, Labour and Employment, dated the 28 th
December, 1981).
2.Definitions.--- In this Act, unless the context otherwise requires,--
(1) “employer” means the owner of an industrial establishment to
which this Act for the time being applies and includes--
(a) in a factory, any person named under clause (f) of sub section
(1) of section 7 of the Factories Act, 1948 (Central Act LXIII of 1948) as
manager of the factories;
(b) in any industrial establishment under the control of any
department of any State Government in India, the authority appointed by such
State Government in this behalf, or where no authority is so appointed, the head
of the Department;
(c) in any other industrial establishment, any person responsible
to the owner for the supervision and control of the Industrial establishment;
(2) “ Government ” means the State Government;
(3) “ industrial establishment ” means---
(a) a factory as defined in clause (m) of Section 2 of the
Factories Act, 1948 (Central Act LXIII of 1948) or any place which is deemed to
be a factory under sub-section (2) of section 85 of that Act; or
(b) a plantation as defined in clause (f) of section 2 of the
Plantations Labour Act, 1951 (Central Act LXIX of 1951); or
(c) a motor transport u ndertaking as defined in clause (g) of
section 2 of the Motor Transport Workers Act, 1961 (Central Act 27 of 1961); or
(d) a beedi industrial premises as defined in clause (i) of
section 2 of the Beedi and Cigar Workers (conditions of employment) Act, 1966.
(Central Act 32 of 1966); or
(e) an establishment as defined in clause (6) of section 2 of the
Tamil Nadu Shops and Establishment Act, 1947 (Tamil Nadu Act XXXVI of
1947); or
(f) a catering establishment as defined in clause(1) of section
2 of the Tamil Nadu Catering Establishment Act, 1958.(Tamil Nadu Act XIII of
1958) ; or
(g) any other establishment which the Government may, by
notification, declare to be an industrial establishment for the purpose of this Act;
(4) “ Workman ” means any person employed in any Industrial
Establishment to do any skilled or unskilled, manual, supervisory, technical or
clerical work for hire or reward, whether the terms of employment be express or
implied1 [and includes a badli workman],
but does not include any such person, --
(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
administrative capacity ; or
(c) who, being employed in a supervisory capacity, 2[draws
wages exceeding three thousand and five hundred rupees per mensem] or
exercises, either by the nature of the duties attached to the office or by reason of
the powers vested in him, functions mainly of a managerial nature.
1[Explanation.—“Badli workman” means a workman who is employed
in an industrial establishment in the place of another workman whose name is
borne on the muster rolls of the establishment.]
3.Conferment of permanent status to workmen .—(1)
Notwithstanding anything contained in any law for the time being in force every
workman who is in continu ous service for a period of four hundred and eigh ty
days in a period of twenty four calendar months in an industrial establishment
shall be made permanent.
(2) A workman shall be said to be in continuous service for a period if
he is, for tha t period, in uninterrupted service, including service which may be
_________________________________________________________________
1 Ins. by Act 48 of 2000 (w.e.f. 1st February, 2001)
2 Subs. by Act 17 of 1999 (w.e.f. 10th August, 1999)
interrupted on account of sickness or authorized leave or an accident or a strike,
which is not illegal, or a lock -out 1[***] or a cessation of work which is not due
to any fault on the part of the workman.
2Explanation I .-- 3[For the pur poses of computing the continuous
service referred to in sub-sections (1) and (2), a workman shall be deemed to be
continuous service during the days on which --- ] ;
(i) he has been laid off under an agreement or as permitted by
standing orders made under the Industrial Employment (Standing Orders) Act,
1946 (Central Act XX of 1946) or under any other la w applicable to the
industrial establishment ;
(ii) he has been on leave with full wages , earned in the previous
years;
(iii) he has been absent due to temporary disablement caused by
accident arising out of and in the course of his employment ; and
(iv) in the case of a female, she has been on maternity leave ; so,
however, that the total period of such maternity leave does not exceed twelve
weeks.
4 [Explanation II. – For the purposes of this section, ‘law’ includes any
award, agreement, settlement, instrument or contract of service whether made
before or after the commencement of this Act.]
4. Appointment of Inspectors. – (1) The Government may, by
notification, appoint such persons or such class of persons as they think fit to be
Inspectors for the purpose of this Act within such local limits as the Government
may specify.
(2) Every Inspector shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860).
______________________________________________________________________
1 Certain words omitted by Act 48 of 2000 (w.e.f. 1st February, 2001)
2 Renumbered as Explanation I by Act 44 of 1985, s.2 (deemed to have come into force on
1st January, 1982)
3 Subs. by Act 44 of 1985, s.2 (deemed to have come into force on 1st January, 1982)
4 Ins. by Act 44 of 1985, s.2 (deemed to have come into force on 1st January, 1982)
5. Power and duties of Inspectors . – Subject to any rules made by the
Government in this behalf, the Inspector may, within the local li mits for which
he is appointed,--
(a) enter at all reasonable times and with such assistants, if any, who
are persons in the service of the Government or of any local authority as he
thinks fit to take with him, any industrial establishment;
(b) make such examination of the industrial establishment and of any
registers, records and notices and take on the spot or elsewhere the evidence of
such person as he may deem necessary, for carrying out the purposes of this A ct:
and
(c) exercise such other powers as may be necessary for carrying out
the purpose of this Act.
6. Penalties.- (1) Every employer who contravenes the provisions of
section 3 shall be punishable with fine 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.
1[(2) Every employer who contravenes the provisions of any rule made
under section 10 shall be punishable, for a first offence, with fine which may
extend to five hundred rupees, and for a subsequent off ence, with fine which
may extend to one thousand rupees) ]
2[(3)] No prosecution for an offence punishable under the section shall
be instituted except with the previous sanction of the prescribed authority*.
7. Act not to apply to workmen employed in certain industrial
establishment. – Nothing contained in this Act shall apply to workmen
employed in an industrial establishment engaged in the construction of buildings,
bridges, roads, canals, dams or other construction work whether structural,
mechanical or electrical.
8. Cognizance of off ence.- No court inferior to that of a metropolitan
magistrate or a judicial magistrate of the first class shall try any offence under
this Act.
9. Power to exempt. - The Government may, by notification, exempt
conditionally or unconditionally any employer or class of employers or any
_________________________________________________________________
1 Ins. by Act. 9of 2003, S.2 (with effect from 1st July, 2003).
2 Renumbered by Act. 9 of 2003, S.2 (with effect from 1st July, 2003).
*See Rule 5
industrial establishment or class of industrial establishment from the provisions
of this Act.
10. Power to make rules.- (1) The Government may make rules to carry
out the purposes of this Act.
(2) All rules made under this Act shall be published in the Tamil
Nadu Government 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 notification issued under this Act shall, unless they are
expressed to come into force on a particular day, l come into force on the day on
which they are published.
(4) Every rule made or notification issued under this Act shall, as
soon as possible, after it is made or issued, be placed on the table of 1[the
Legislative Assembly), and if , before the expiry of the session in which it is so
placed or the ne xt session, 1(the Legislative Assembly) agree in making any
modification in any such rule or notification or 1( the Legislative Assembly) ]
agree that the rule or notification should not be made or issued, the rule or
notification shall, thereafter have e ffect 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.
_________________________________________________________________
1 Subs. by the A.O.1987 (deemed to have come into force on 1st November 1986)