The ASSAM INDUSTRIES ESTABLISHMENTS (CONFERMENT OF PERMANENT STATUS TO WORKMEN) ACT, 1985
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###### TBE ASSAM GAZBftB

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F.X'tRAORDINAR \i

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         - ~ 48 f=l 1t~. S.N~H , 22 .:ifarqr, 1994, 2 <l1<t5f, 1916 (tlf'll)

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~ , . .; ., . : . . GOVERNMENT OF ASSAM

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###### ... . . ,ORDERS BY·THE GOVERNOR
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.(.BGilbATIVE .DEPARTMENT l LEGISLATIVE BRANCH
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n ~: - .. ; '            - NOTIFICATION

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The 22nd April 1994.

_··'r.::i_ Nb .. e-LGL: · 105/85/107,_.:The following Act of the Assam

~gislat.ive Assembly which received the assent of the '.President

is ~ liereby ~ublish~d for general iniormation. _ ·~"'

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###### 58 . Ti:lB ASSAM GAZETTE, EXTR40RDJNARY, A¥R., 2~, f~94

ASSAl\II ACT NO. IX QF 1994.

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

THE ASSAM INDUSTRI~ ESTABLISHMENTS

(CONFERMENT OF PERMANENT STATUS

TO WORKMEN) ACT, 1985.

                                                                                                          - "-Q<""·· "'*',,

###### AN

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###### ACT

t 0 provide for tihe conferment of permanent "Status to workmen jn

the industrial eshablishments ~n the State of Assam.

PHamblc . Whereas it 'is expedient to make provision for con-

ferment of permanent status to workers in the :industrial
est.ablishments in the State of Assam.

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

Republic of India, as follows:-

Short title, · I. (l) This Act may be called the Assam In<;\µstr.lal
ext•nt and .          -

commence- Establishments <Conferment of permanent stat.us to work-

**men1.** men) Act, 1985. ,,.

(2) It extends to the who'.e of the State of Assam.

<3) It applies to every industrial establ.ishmenti (not

being ~n establishm~nt of a sE;li 01w,l oh\lracter or :in which

work is performed only interrnittenty) :in which not less

fhun· 50 <Fifty) work111~n were qnplo~ed ·QU ap.y; '~i-Y _qi ·_

t.~1e preceding twelve months. If any question arises

'shether an industrial estlablishment :is of a seasonal

character or whetiher work ~ ~ performed therein onl)•

1n[1]ermittently, the _.i._ decisiOS\ ~;J-. the Government thereon

shall be final ; '

:-

Prov.idea that the Government may, by notification in

the official Gaze,te apply the pr,ov:isions of this-Act_ ta any

             - industrial establlshmentt · emplOying such nu~ ·q_f

workmen less than ·fifty as may 00.. s:p.ecioned in , t~ t).9ti"'

!cation. .,,_
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. . . Provided that notlhing contained' in this Act[1 ] shall

aPPl~ to · anY industrial establishment until the expiry of

-a period u-f two years from the date of its estiabl:ishment.

Dtfi•itiU3. 2. In this Act•, unless the context otherwise requires,--

(1) '"employer" means the owner of an industrial

establishmenb to which this Act · for the time b1:ing

applies and 'includes :-

(a) in a factory, any person named under Clause (f)

of sub-section (1) of Section 7 of t:he Factorie5

Act, 1948 <Central) Act. LXIII of 1948) as manager
of ~he factory ;

(b) in any indunrial estabfo:hment under t[1]he control

of any Depr,rtment· of a·1y State Gover.r.menti in
India, the al'fihority ap1s1P1ted by such st.ate

Government in this behklf. or where no c:ubhorit y

is so appoin~ed, the he;:;d d the departmentl;

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(c) in any other incfostrial establishment. any p~non

responsible to the owner for the supervision and

control of the industrial establishment :

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(2) " Government" means the State Government of

A'"sam,

~ _<3)_ ''Industrial Est;ablishment" means:-

_<<t)_ :.1 factory as defined i n Clnuse (m) _;n_ SPct\on 2 of

thf> Factories Ad. 1948 (Central Act. LXII1 of

1948) or any place whirh ;5 deemPd to he a factory
under sub-section (2) 0f Sr.cticm 8~ 0 f t11:.1t Ac:•; or

(])) a' Plantati on as defined iH Clause (f) of Section 2

nf th"' Plantation Labour Act, 1951 (Central Act

LXIX of r9'51) ; or

<c) ci ~0to1· transoort imcfett::ikinrt - as defin ed in

Clanse <g) of Sect:ton 'Z f)f ne 1\fot0r Tran sport

Wr ;·ker::; ."'.ct 19fi1 (C,-.,.., t,n1l Act· 27 nf 10f:1): 0r


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(d) a beedi industrial premises as denned in Clause (i)
of Section 2 of the Beedi and Cigar Workers

<Conditions of Employment) Act, 1966, (Cent;ral

Act 32 of 1966) ; or

(e) (ln establishment as · defined in Claus·e _W)" of Sec-_

tion 2 of the Assam Shops and Establlshmcnt:;

Act 1971 (.As;;am Act XXI 0£ Hl74); or

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(f) any other C'>l'.l bli5h!llent, which the G0v·;rnme11 ~[1 ]

may, by no 1. i '.ica:io:1 in tL.e offici:ll Gaz." · e decl. . .ne

to be an "industrial establishment" for the pur-
pose of this Act ;

C4) "Workman·' means any p€rson employed in any
industr:ial establishment ~o do any ski.lled or unskilled,
manual, supervisory, technical or clerical work for hire
or reward whether the terms of employment be ex-
press or implied but does not include any such
person,- ...,,,

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. (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 ad-

ministrat!Jve capacity; or

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

draws_ wages exceeding one thous~md rupees per
mensum or exercises. either              - by the nature of
the du~\ies attached to the office or by reason of
the powers .vested is ~im functions mainly of R

mana 1e:rial nature.

3. ~onferment 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 perman~nt.

(2) A workman shall be said to be in con tin taus service

for a period if he is for that period, 1n uninterruntedi servie.e

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. ,including service which may be interrupted ori account of

~ sickness or authorised leave or an accident or a strike,
which is n ot illegal or a lockout, or on accout of non-em-

. ployment or discharge of such workman for a period which

_ .. does not exceed 45 days and during which period a subs-

        - · tifute , 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.
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###### Explanation.-For the purposes of this· section; the
 number of days on which a workman has worked in an

' industrial establishment include the davs on which-

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

m itted by standing orders made under the Indus-
###### trial Employment (Standing Orders) Act·: 1946

(Central Act XX of 1946) or unde:i.· any other law
applicable to the industrial establishment; ,.

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(ii) he has been on leave with full wages, earned in Uie

r'           - .. previous years;

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(Hi) 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 inate.rnity

leave; so. however, fhat the total period of such
###### maternity ]eave does not exceed twelve weeks.

4. Appointment of Inspectors.-{1) The Government

.n:iay, 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 Sectiort 21 of Indian Peri.al

Code (Central Aot       - LV of 1860):       -       -

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_ 5. Powers and duties of Inspectors.-Su_biect to any

r ules made .by the Government in this behalf, the ·inspector
may, \Vi thin the local limits for which he· is· appointe'd,--


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tanee; if any, who are persons in the service of the

###### Government or of any local authority as he thinks
### ... nt to take with him, any industrial establishments;

(b) 'make such examination of the industrial establish-

. men ts and of any registers, records and notices and
take on the spot or elsewhere the evidence of such
persons as he may deem necessary, for carrying

... ~ ' out lthe ,purposes of this Act; and,

          - {e) ex~rcise such other powers as may be necessary forr

###### carrying out the purposes of :this Act.

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~ . 6. Penalties.- . (1) Every employ er who contravenes

,. · ~. the- provision of Section 3 of this Act shiaH be punishable

-~ with fi.r~e which may extend to five thousand rupees and in
###### the -case of continuing offence with a further fine which may

     - xtend to two hundred rupees for every day after the first

       - during which . the offence continues.

(2) No prosecuti~n for an offence punishable under the ,.

~ section shall be instituted except with the previous
sanction      - f . 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, dflms or other construction works whether
###### structural, mechankal or electrical.

8. Cog·nizance of Offence.- N o Court inferior to that of
a Judicial Magjstrate of the fir st- class shall try any offence
###### under this · Act.

9. Power to exemp t.-The Government may, by notifi- 1

cation in the . Offici1al Gazette, exempt conditionally or un-

. -~c9nd:i tiona1l y any employ er or class of employers or any

jndustrial est ablishment or class of industrial establish-

, me·nts, from ·the provisions of t his Act

            - 10 .. Pf)wer t o. mal{e rules.- (1) The Governm ent may

-nake r,u,les to carry out the pu rposes of this Act.


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THE. ASSAM GAZETTE, EXTRAORDINARY, APR. 22, **1994 S9!**

(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.

(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. LASKAR,

###### Secretary to the Govt. of Assam,
Legislative Department.

OUWAHATI- Printed aod published by the Dy. Director (P), Director& .. •f. **P.tt**

and, 'Sty. Assam, Guwahati-21 (Ee-Gazette) Na. 95.lOO!'i-400, **22_...19H•**


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