The Assam Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1985
# THE ASSAM GAZBVVB

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**PUBLISHED BY AUYHORIYY**

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4? 48 !3r5i<, 22 •afasr, 1994, 2 ^i?rsf, 1916 (i» )

No. 48 Oispur, Friday, 22od April, 1994, 2nd Vaisakha,

; _____ _ 1916 (S, B . ) _____________

## GOVERNMENT OF ASSAM <• , ’ i? sH 

 ORDERS BY THE GOVERNOR

 LEGISLATIVE DEPARTMENT : LEGISLATIVE BRANCH

I, ...... ....--<

7 .

## NOTIFICATION

The 22nd April 1994.

/ . / . - [:]        -

No. LGL. 105/85/107.—The following Act of the Assam

Legislative Assembly which received the assent of the President

is hereby published for general information, ~


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58 THE AS SA M GAZETTE, EX TR AO RDINARY, **ATK, ‘42, 1^94**

AS SA M AC T NO. IX OF 1994.

(Received the assent o f the President on 16th April, 1994)

THE AS SA M IND USTRIE ESTABLISHM ENTS

(CONFERMENT OF PERMANENT STATUS

TO WORKM EN) ACT, 1985.

## . AN
?[.] y [....]

ACT

to provide for the conferment of permanent status to workmen in

the industrial establishments jn the State of Assam.

Preamble. Whereas it is expedient to make provision for con­

ferment of permanent status to workers in the industrial
establishments in the State of Assam.

It is hereby enacted in the Thirty-sixth Year of the _*_

Republic of India, as follows:—

Sxt°[rt]t (i) This Act may be called the Assam Industrial

commence" Establishments (Conferment of permanent status to work-

“ [e u] '- men) Act, 1985. ,

(2) It extends to the whole of the State of Assam.

(3) It applies to every industrial establishment (not

being an establishment of a seasonal character or in which
work is performed only interm if tenty) in which not less

than 50 (Fifty) workmen were employed on any day of

tfie preceding twelv e months. If any question arises

whether an industrial establishment is of a seasonal

character or whether work is performed therein only

interm ittently, the decision of the Government thereon

shall be final;

Provided that the Governm ent may, by notification in

the official Gazette apply the provisions of this Act to any

industrial establishment employing such number of

workmen less than fifty as may be specified in the noU-
lcation,


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Provided that nothing contained in this Act* shall

apply to any ind ustria l establishm ent until the expiry of
a period of two years from the date of its establishment.

2. In this Act, unless the context otherwise requires,—

11) ' em ployer” 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 fa ctor y;

(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 departm ent;

**(c)** in any other industrial establishment, any person

responsible to the owner for the supervision and

control of the industrial establishm ent:

gdjgSSri                - ■ ■ - **

(2) "Governm ent” means the State Government of

Assam.

S’ (3) "In dustrial Establishment” means :—

(a) a factory as defined ?n [ Clause (m) fn Section 2 of ]

the Factories Act, 194r (Central Act, LXIII of

1948) or any place w hic h’s deemed to be a factory
under sub-section (2) of Section S^ of that Act; or

(b) a[;] Plantation as defined in Clause (f) of Section 2

of th<= Plantation Labour Act, 1951 (Central Act

LXIX of lff.51); or

(cl a motor fransnort undertaking as defined in

Clause (g) of Section 2 Of th e Motor Tra nsp ort

Workers Act, 1961 (C en tral Act 27 of 1981): or


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(d) a beedi industrial premises as defined in Clause (i)

of Section 2 of the Beedi ana Cigar Workers

(Conditions of Employment) Act, 1966, (Central

Act 32 of 1966); or                -

(e) an establishment as defined in Clause (8) of Sec­

tion 2 of the Assam Shops and Establishments

Act 1971 (Assam Act XXI of 1974) ; or

(f) any other establishment which the Government

may, by noimcation in the official Gaz?'"e declare

to be an "'industrial establishment” for the pu r­
pose of this A ct;

(4) "Workman” means any person employed in any

industrial establishment to do any skilled or unskilled,

manual, supervisory, technical or clerical work for hire

oi- rew ard whether the terms of employm 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 employed mainly in a managerial or ad­

ministrative capacity; or

(c) who, being employed in a supervisory capacity,

draw s wages exceeding one thousand rupees per

mensum or exercises, either by the nature of

the duties attached to the office or by reason of

the powers vested is him functions mainly of a

managerial nature.

                                      - *—

## 3. Conferm ent of permanent status to workmen.—( lj
 Notwithstanding anything contained in any law for the time being in force every workman who is in continuous service for a period of 180 davs in a period of 12 (twelve)
 calender months in an industrial establishment shall be made perm anent.

 (2) A workman shall be said to be in continuous service
 for a period if he is for that period, in u ninterrupted service


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including service which may be interrupted on account of
sickness or authorised leave or an accident or a strike,

which is not illegal 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 place by the employer, or a
cessation of work which is not due to any fault on the part
of the workman.

1 .......

Explanation.— For the purposes of this section; the

number of days on which a workman has worked in an
industrial establishment include the days

(i) he has been laid off under an agreement or as per­

mitted by standing orders made under the Indus­
trial Employment (Standing Orders) Act, 1946

(Central Act XX of 1946) or under any other law
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 ou+ of and in the course

of his employment; and

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(iv) in 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. 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 Indian penal
Code (Central Act XLV of 1860):

5. Powers and duties of Inspectors.— Subject to any

rules made by the Government in this behalf, the inspector
may, within the local limits for which he is'appointed,—


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tance, 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 establishments;

(b) make such examination of the industrial establish­

ments and of any registers, records and notices and
take on the spot or elsewhere the evidence Of such

x persons as he may deem necessary, for carrying
out the purposes of this Act; and,

fe) exercise such other powers as may be necessary for

carrying out the purposes of this Act.

6. Penalties.— (1) Every employer who contravenes

the provision of Section 3 of this Act 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-

(2) No prosecution for an offence punishable under the

section shall be instituted except with the previous

sanction of the prescribed authority.

I

7. Act not apply to workmen employed in certain

industrial establishment.— Nothing contained in this Act

shall apply to workmen employed in an industrial estab­
lishment engaged in the construction of buildings, bridges,
roads, canals, dams or other construction works whether
structural, mechanical or electrical.

3- Cognizance of Offence.— No Court inferior to that of

a Judicial Magistrate of the first- class shall try any offence

under this Act.

9. Power to exempt.— The Government may, by notifi­

cation in the Official Gazette, exempt conditionally or un­
conditionally any employer or class of employers or any
industrial establishment or class of industrial establish­

ments, from the provisions of this Act.

10. Power to. make rules.— (11 The Government may

make rules to carry out the purposes of this Act


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THE ASSAM GAZETTE, EXTRAORDINARY, APR. 22, 1994 591

(2) All rules made under this Act shall be published

in the Official 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.
I

(3) All notifications issued under this Act shall, unless

they are expressed to come into force on a particular day

shall come into force on the day on which they are publish­

ed.

(4) Every rule or notification issued under this Act

shall as soon as after it is made or issued shall be laid
before the Assam Legislative Assembly, and if, before the
expiry of the session in which it is so placed or the next
session, the legislature agrees in making any modification
in any such rule or notification or the legislature agrees

that the rule or notification should not be made or issued,
the rule or notification shall, thereafter have effect 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-

K. LA SK AR ,

Secretary to the Govt, of Assam,

Legislative Department.

**GUWA HA.TI—Printed and published by** **the Dy. Director (P), Directorate e f Ptj**

**end , Sty. Asjana, Gawahati-21 (Es-G azette) No. 95-1005-400, 22-4.1994***


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