The Assam State Industrial Relief Undertakings (Special Provisions) Act, 1984
**P Registered** No, &-1&

# The Assam Gazette

~ < -■

**EXTRAORDINARY**

/ tfW W ^R «W SPURTS

**PUBLISHED BY AUTHORITY**

76 fw *^, *ifa^ra, 7 .afsrer, 1984, 18 p’® 1906 ([X]R[?])

**No. 76** **Dispur, Sa turd ay , 7th April, 1S84, 18th Chaitra,**

**1906 (S. E.)**

### GOVERNMENT OF ASSAM

 ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT : LEGISLATIVE BRANCH

NOTIFICATION

The 7tK April 1984

No.LGL.86/83/62.—The following Act of the Assam Legislative

Assembly which received the assent of the President is hereby
published for general information. _____ ______________ ___


-----

822 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 7. 198

**ASSAM ACT NO. VII OF 1984**

..A

**(Received the assent of the President on 7th April, 1984).**

## THE ASSAM STATE INDUSTRIAL RELIEF UNDER-
 W TAKINGS (SPECIAL PROVISIONS)

ACT, 1984.

## \ S’ /  '-f-r - ■ *,,,,, . ■: '- '

**An**
## V

**Act**
'S '*

## to enable the State Government to make special
 provisions for industrial undertakings for providing relief against unemployment.

Preamble. 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 :—

Short title, 1. (1) This Act may be called the Assam

extent and

commence­ State Industrial Relief Undertakings
ment. (Special Provisions) Act, 1984.

## (2) It extends to the whole of the State of
 Assam. -< -
 (3) It shall come into force at once.

 Definition?.
 2. In this-Act, unless the context otherwise
 requries :—

 (1) "Government Company” has the
 meaning assigned to it. in Section 617
 of the Companies Act, 1056 (1 of 19


-----

o

(2) "Industry” means any business, trade,

undertaking, manufacture or calling

of employees and includes any callings,

services, employment, handicraft or

industrial occupation or avocation of

workmen but shall not include tea

plantation and the word "industrial”

shall be construed accordingly ;

(3) "Notification” means a notification pub­

lished in the Official Gazette ;

(4) "Relief Undertaking” means a State

industrial undertaking in respect of

which a declaration under Section 3

is in force ;

(5) "State Industrial Undertaking” means

an industrial undertaking :—

(a) which is started or which, or the

management of which is under any
lavz or agreement acquired or other-

_<•_ _wise taken over by the State Govern-_

  - ment or by a Government Company

and is run or proposed to be run by,
or under the authority of the State
Government or a Government Com­
pany ; or '

(b) to which any Ioan, advance, or grant

has been given, or in respect of any

loan whereof, a guarantee has been
given, by the State Government or
a Government Company,

Declaration 3 The State Government, may, if it is satis-

s n
’ ndertaking if * ecessary or expedient so to do in

1 the public interest, with a vie w to enabling the

continued running or re-starting of a State Indus­
trial Undertaking as a measure of prevention or
of providing relief against un-employment,

declare, by notification, that the State Industrial


-----

Undertaking shall, on and from such date and for
such period as may be specified in' the notification,

be a relief undertaking :

Provided that the period so specified shall not

in the first instance, exceed one' year but may, by
a like notification, be extended, from time to time,

by any period not exceeding one year at a time so,

however, that no notification issued under this

section shall in any case remain in force for more

than five years in the aggregate.

Application 4. The State Government-may, if it is satis-

enactmTts fied that it is necessary or expedient so to do for

and conti actsthe purpose specified in Section 3 direct, by

X [e] tT[e]£iiefnotification, —
**undertaking.**

fa) that in relation to any relief undertaking

all or any of the enactments specified in
the. Schedule to this Act shall not apply or
shall apply with such adaptations,

' whether by wa y of modification, addition

or omission' (which does not, however,

affect the policy of the said enactments)

as may be specific! in such notification ; or

(b) that the operation of all or any of the

contracts,, assurances of property, agree­
ments, settlements, awards, standing

orders or other instruments in force (to

which any relief undertaking is a party

or which may be applicable to any relief
undertaking) immediately before the date

on which the State Industrial Undertaking,

is declared to be a relief undertaking,

shall remain suspended or that all or any

of the rights, privileges, obligation and

liabilities accruing or arising thereafter

before the said date, shall remain sus­

pended or shall be enforceable with such
modifications and in such manner as may

be specified in such notification.


-----

Overriding effect of 5. A notification issued under Section 4 shall

notification have effect notwithstanding anything to the con­
Section 4.und er tra ry contained in any other law, agreement or

instrument or anv decree or order of a court, tri­
bunal, officer or other authority.

oM n od dka 6- An y remedy for the enforcement of any

tion of cert"- right, privilege, obligation or lia bility referred to
righte^ete.[eS]^n Clause (b) of Section 4 and suspended or modi-

stay o’f p r o - fied by a notification under that section shall, in

thek revival accordance with the terms of the notification, be

and con- suspended or modified, and all proceedings rela-

tin ua nc e. thereto pendihg before any court, tribunal,

officer or o’ther authority shall accordingly be

stayed or be continued subject to such modifica­
tion, so, however, that on the notification, ceasing
to have effect, —

(a) any right, privilege, obligation or liability

so suspended or modified shall revive and
be enforceable as if the notification had

never been issued, and

(b) any proceeding so stayed shall be proce­

eded with subject to the provisions of any

law which may then be in force from the
stage which had been reached when the

proceeding was stayed.

limitation.Period of 7. In computing the period of limitation for

the enforcement of any right, privilege, obligation
or liability referred to. in Clause (b) of Section 4,

the period during which it or the remedy for the
enforcement thereof was suspended, shall be

excluded.

Power to 8. (1) The State Government may. sub ject to
make rules,’

the condition of previous publication,

make rules to carry nut the provisions
of this Act.


-----

(2) ■ In partic ula r and witho ut pr ejud ice to

th e ge ne ra lity of th e foregoing powe r,
such ru le s may prov ide fo r all or an y

of th e following m atters, na mely

(a) th e rates of wages pa ya ble to th e

workm en and th eir workloa ds and
th e sa lary pa ya ble to th e staff, th e

pa ym en t of bonus, gr atuity, com ­

pe nsation and ot her b enefi ts ;

(b) th e m an ne r in which th e relief

un de rtak in g should be ru n ;

fc) th e stre ng th of staff an d labo ur to

be em ploy ed fo r ru nn in g th e relief
un de rtak in g ec onom ic al ly ;

_*_ _»_
(d) th e m an ne r in which th e net p rofits

or net losses or su rp lu s fund s should
be ap pr opr iated or disposed o f ;

(e) th e pe rcen tage of profits to be uti­

lised for thp benefit of th e persons,

em ploy ed in th e under ta kin g and th e
m an ne r of its ut ilisation ;

(f) th e m an ne r in which and th e

ex te nt to which th e re pre se nt ativ es
of th e workm en may be associated
with or m ay pa rtic ip ate in th e

man ag em en t of th e re lief under ­

taking .

(3) Eve ry ru le made un der th is Section

shall be laid, as soon as m ay be af te r

it is made, be fore th e Assam Legisla-r
tive As sembly while it is in session for
a to ta l perio d c.-f fo ur teen days which

may be comprise d in one session or in
two successive sessions, an d if, before

the ex pi ry of th e session in which it is

so laid or th e session im med iately fol­
low ing , the Assam Leg islativ e Assem b­
ly ag ree in m aking an y mo dification in


-----

### the rule or the Assam Legislative
 Assembly agree that the rule should
 not be made, the rule 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 annulm ent shall be without preju­ dice to the validity of anything previ­ ously done under tha t rule.

 Sa^ngf *[1]‘ 9. (1) The Assam State Ind ustrial Relief
 Undertakings (Special Provisions)
 ' Ordinance, 1983 (Assam Ordinance
 No. VI of 1983) is hereby repealed.

 (2) Notwithstanding such repeal any
 .action taken or any order passed any
 proceedings commenced or anything
 whatsoever 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 promulgation of the
 Ordinance).

 ' THE SCHEDULE.

 [See Section 4 (a) ]

 1. The Ind ustrial Employment (Standing Orders)
 Act, 1946 (20 of 1946).
 2. The Industrial Disputes Act, 1947 (14 of 1947). 3. The Assam Shops and Establishm ents Act, 1971
 (XXI of 1974). •

MD. SAADULLAH,

Secretary to the Govt, of Assam,

Legislative Department.

GU WHA Tl—Printed and publish by the Supd. i/c„ Assam Govt. Printing Press

(Ex-Gazette) No. 151-1,000—400—7-4-1984.

### p’


-----

