The ASSAM PRIVATE PLACEMENT AGENCIES FOR RECRUITMENT OF WORKERS (REGULATION) ACT, 2019 (SINGLE DOCUMENT)
# ASSAM ACT NO. X OF 2019 (Received the assent of the Governor on 26th August, 2019)
 THE ASSAM PRIVATE PLACEMENT AGENCIES FOR RECRUITMENT OF WORKERS (REGULATION) ACT, 2019


# AN


# ACT


**Preamble.**

**Short title,**
**extent and**
**commencement.**

**Definitions.**


1.

2.


to provide for the regulation of Private Placement Agencies
operating their business or willing to commence their business in
the State of Assam for recruitment of workers and for matters
connected therewith or incidental thereto.

Whereas it is expedient to provide for the regulation of
Private Placement Agencies operating their business or willing to
commence their business in the State of Assam for recruitment of
workers and for matters connected therewith or incidental thereto;

It is hereby enacted in the Seventieth Year of the Republic of
India as follows :
(1) This Act may be called the Assam Private Placement

Agencies for Recruitment of Workers (Regulation) Act,2019

(2) It extends to the whole of Assam.


(3) It shall come into force on such date as the State Government

may, by notification in the Official Gazette, appoint.

(1)  In this Act, unless the context otherwise requires,


(a) "Appellate Authority" means an Officer of the State

Labour Welfare Department, Government of Assam not
below the rank of Secretary to the Government of Assam
to hear appeal under this Act;

(b) "Controlling Authority" means Labour Commissioner,
Assam or any other Officer of the State Labour Welfare
Department, Government of Assam to be notified
specifically for the purpose of this Act;

(c) "Establishment" means an Establishment as defined

under section 2(8) of the Assam Shops And

Establishments Act, 1971;


Assam
Act No
21 of
1974


(d) "Government" means the Government of Assam;


(e) "Inspector" means the Inspector appointed under section

7;


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(f) "License" means a license granted under section 5;


No.45
of 1860


**Appointment of**
**the Controlling**
**Authority.**

**Persons or**
**Private**
**placement**
**Agency not to**
**operate without**
**License.**

**Application for**
**Grant of and**
**Renewal of**
**License.**


(g) "Notification" means a Notification published in the
Official Gazette;

(h) "prescribed" means prescribed by rules made under this
Act;

(i) "Private Placement Agency" means a person or body of

persons other than a Government Agency, Department or
Organization engaged in the business of providing /
supplying unskilled, semi-skilled, skilled and highly
skilled workers to any person, Establishment,

Government Department, Semi-Government Department
and Government Undertaking and Semi-Government
Undertaking within the State of Assam or in any other
State of India or outside India;

(j) "Women" means a woman as defined under section 10 of

the Indian Penal Code, 1860.

(k) "Worker" means a person engaged, through Private
Placement Agency, to do any unskilled, semiskilled,
skilled and highly skilled works, which term shall also
include Domestic Workers;

(2) The words “unskilled”, "semi-skilled", "skilled" and "highly

skilled" respectively, used in this Act shall mean and imply
the same meanings to the said terms as determined by the
Government, by order, from time to time.

(3) Words and expressions used in this Act and not defined shall

have the same meanings as defined under any other
corresponding law for the time being in force.

3. The State Government shall, by Notification in the Official
Gazette appoint the Labour Commissioner, Assam to be the
Controlling Authority for the purpose of this Act.

4. No person or Private Placement Agency shall carry out or
commence the business of Private Placement Agency, unless he
holds a License issued under this Act:

Provided that a Private Placement Agency which came
into existence before the commencement of this Act, shall
obtain a License as required under this Act within 90 (Ninety)
days of the commencement of this Act.

5. (1) Every application for Grant of License under section 4 shall

be in such form and manner as may be prescribed and shall
be accompanied by fee of rupees Two Thousand and Bank
Guarantee of rupees Five Lakh only.

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(2) Controlling Authority may make such inquiry in respect of

the application received under sub-section (1) and for
making such inquiry, the Controlling Authority shall follow
such procedure as may be prescribed.

(3) A License shall be issued on such terms and on such

conditions as may be prescribed.


**Cancellation**
**and Suspension**
**of License.**


(4) A License issued under this section shall remain valid for a

period of one year and may be renewed from time to time
on payment of such fees and on such condition as may be
prescribed.

6. (1) If the Controlling Authority is satisfied either on the

reference made to him in this behalf or otherwise, that,
(a) a license issued under section 4 has been obtained by

misrepresentation or suppression of material facts, or


(b) the license holder has, without reasonable cause failed to
comply with the conditions of license or contravened any
of the provisions of this Act or rules made thereunder, then,
without prejudice to any other penalty which the holder of
the license is liable under this Act, the Controlling
Authority may, after giving the holder of the license a
reasonable opportunity of being heard by an order, in
writing, revoke the license and forfeit the bank guarantee
furnished under sub-section (1) of section 5 by him or any
part thereof and communicate the order to the holder of the
license provided that where the Controlling Authority
considers it necessary so to do for special reasons, he may,
pending such revocation or forfeiture, by order, suspend the
License for such period as may be specified in the order
and serve, by registered post, such order on the holder of
the License.

(2)  Subject to any rules, that may be made in this behalf, the

Controlling Authority may vary or amend a License issued
under this Act.


**Appointment of** 7. (1)  The State Government shall, by Notification in the Official
**Inspectors.** Gazette,
(a) appoint the Officers of the Labour Welfare Department

not below the rank of Labour Officer as Inspector for the
purpose of this Act ; and

(b) define the limit within which an Inspector shall exercise

the powers conferred on him by or under this Act. Every
Inspector shall be deemed to be a public servant within
the meaning of section 21 of the Indian Penal Code.

(2) Every Inspector appointed under this section shall be subject

to the control of the Labour Commissioner-cum

Controlling Authority.


No.45
of 1986


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**Powers of** 8. Subject to any rules made in this behalf, an Inspector may, within
**Inspectors.** the local limits for which he is appointed,
(a) enter at all reasonable hours, with such assistance, if any,

of persons in the service of the Government or any local
or other public authority as he thinks fit, any premises or
office of the Private Placement Agency, for the purpose
of examining any register or record or notices required to
be kept or exhibited by or under this Act, and require the
production thereof for inspection;

(b) examine any person whom he finds in any such premises

or place and whom he has reasonable cause to believe, is
a worker employed or engaged by the Agency, therein;

(c) seize or take copies of such register, record of wages or

notices or portions thereof as he may consider relevant in
respect of an offence under this Act which he has reason
to believe has been committed by the Private Placement
Agency; and


(d) exercise such powers as may be prescribed.


**Appeal.** 9.


(1) Any person aggrieved by an Order of the Controlling
Authority, made under section 5 or 6, may prefer an
appeal, in such form and manner as may be prescribed,
against the Order to the Appellate Authority within a
period of 30(Thirty) days of the date of receipt of such
Order:
Provided that an appeal may be admitted after the
expiry of the said period of 30 (thirty) days if the
appellant satisfies the Appellate Authority that he was
prevented by sufficient cause from preferring the appeal
within the aforesaid period;

(2) Before disposing of an Appeal, the Appellate Authority
shall give the Appellant a reasonable opportunity of being
heard.

(3) Every Appeal under this section shall be disposed of
within 3 months from the date of its filing.


**Function and**
**Duties of**
**Private**
**Placement**
**Agency.**


10. (1) The Private Placement Agency shall furnish the details of
employment of worker to the Controlling Authority
within 7(Seven) days from the date the worker has been
employed within or beyond the boundaries of the State of
Assam in the form and manner as may be prescribed.

(2) No Private Placement Agency shall employ, engage or
deploy any worker, if he/she is below 18(Eighteen) years
of age.

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**Punishment for**
**contravention**
**of certain**
**provisions.**


(3) Every Private Placement Agency shall display a
signboard outside its office showing the name of Private
Placement Agency and its License Number.

(4) Every Private Placement Agency shall maintain a register
containing the names, sex, permanent and corresponding
address, photos, nature of work and other details of
workers, who are engaged by it, as may be specified
through Government notifications from time to time and
also names and addresses of person and establishment and
other details, where the workers have been employed in
the form and manner as may be prescribed.

(5) Every Private Placement Agency shall ensure safe travel
to and from place of work to the residence of the worker.

(6) Every Private Placement Agency shall ensure payment of
Government notified minimum wages vis-a-vis the
scheduled employment applicable in the State where the
worker is deployed through individual bank account of
the worker.

(7) Other functions and duties of Private Placement Agencies
shall be such, as may be prescribed from time to time by
the Government.

11. (1) Any person who contravenes the provisions of section 4
of this Act shall be punishable with imprisonment for a
term which may extend to 7(seven) years or fine which
may extend to one lakh or both.

(2) Any person who contravenes the provisions of section 10
or any of the rules made under this Act or any of the
condition of License, shall be punishable with

imprisonment for a term which may extend to three
Years, or with fine which may extend to fifty thousand
rupees or with both;

(3) No court shall take cognizance of any offence punishable
under this Act except on a complaint –

(i) made by the Controlling Authority appointed under

this Act, or


**Limitation.** 12.


(ii) made by an Inspector appointed under this Act;

(4) No court inferior to that of a Judicial Magistrate of the
first class shall try any offence punishable under this Act;

No court shall take cognizance of an offence punishable under this
Act unless the complaint thereof is made within 3 (three) months
from the date on which the alleged commission of the offence
came to the knowledge of the Controlling Authority or the
Inspector, as the case may be.

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The provisions of the Code of Criminal Procedure, 1973 relating
to any search or seizure shall be applicable to any search or
seizure made under this Act.

This Act shall be in addition to and not in derogation to any other
law for the time being in force.

(1) The State Government may, by notification to be
published in the Official Gazette, make rules for carrying
out the provisions of this Act.

(2) In particular and without prejudice to the generally of the
foregoing power, such rules may provide for all or any of
the following matters, namely:
(a) the form and manner in which the License is to be issued

under sub-section (1) of section 5;

(b) the inquiry to be conducted under sub-section (2) of

section 5;


No.2 of
1974


**Application of**
**Code of**
**Criminal**
**Procedure,**
**1973.**

**Act in addition**
**to any other**
**Laws.**


13.

14.


**Powers to make** 15.
**Rules.**

**Suit and** 16.
**Proceedings.**


(i) any other matter which may be necessary to achieve the

objects of this Act.

No suit, prosecution or other legal proceeding shall lie against
Controlling Authority, Inspector or any other authority under
this Act in respect of anything done or intended to be done in
good faith, under the Act.


(c) terms and conditions subject to which such License is to

be issued under sub-section (3) of section 5;

(d) fees and conditions of renewal under sub-section (4) of

section 5;


(e) cancellation and suspension of License under section 6;


(f) the form and manner of appeal under sub-section (1)(a) of

section 9

(g) functions & duties of the Inspectors appointed under

section 7;


(h) other functions and duties of Private Placement Agencies

under section 10; and


**Offences to be**
**cognizable and**
**non-bailable.**


17. All the offences under this Act shall be cognizable and nonbailable.

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If any difficulty arises in giving effect to the provisions of this
Act, the State Government may, by order, published in the
Official Gazette, make such provisions not inconsistent with the
provisions of this Act, as may be necessary for removing the
difficulty:

Provided that no such order shall be made after expiry
of a period of two Years from the commencement of this Act.

## S. M. BUZAR BARUAH, Commissioner & Secretary to the Government of Assam, Legislative Department, Dispur, Guwahati-6

7


**Power of**
**interpretation**
**and removal of**
**difficulties.**


18.


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