The ASSAM PRIVATE PLACEMENT AGENCIES FOR RECRUITMENT OF WORKERS (REGULATION) ACT, 2019
Registered No.-768/97

# THE ASSAM GAZETTE
## ~~ct

##### EXTRAORDINARY

### ett~<lS~~~~ ~

###### PUBLISHED BY THE AUTHORITY

~~ 381 1iTxt~, 1~' 4~, 2019, 13 ~, 1941~)
No. 381 Dispur, Wednesday, 4th September, 2019, 13th Bhadra, 1941 (S.E.)

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT ::: LEGISLATIVE BRANCH

###### NOTIFICATION

The 4th September, 2019

###### No. LGL. 198/201817.- The following Act of the Assam Legislative
 Assembly which received the assent of the Governor on 26th August, 2019 is hereby

 published for general information.

 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


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1724 THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 4, 2019
```
                   AN

###### ACT

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

Preamble 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
ofIndia as follows :-

Short title, extent l. (1) This Act may be called the Assam Private Placement
and. Agencies for Recruitment of Workers (Regulation) Act,
commencement 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.

Defmitions `2.` (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;

Assam Act

(c) "Establishment" means an Establishment as defined No21of

under section 2(8) of the Assam Shops And 1974
Establishments Act, 1971;

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

(e) "Inspector" means the Inspector appointed under section
7;

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

(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


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THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 4,2019 1725

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 No. 45 of

1860

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.

..,

Appointment of -'. The State Government shall, by Notification in the Official Gazette

the Controlling appoint the Labour Commissioner, Assam to be the Controlling
Authority Authority for the purpose of this Act.

Persons or Private 4. No person or Private Placement Agency shall carry out or
placement commence the business of Private Placement Agency, unless he

Agency not to holds a License issued under this Act:
###### operate without Provided that a Private Placement Agency which came into

License 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.

Application for 5. (J) Every application for Grant of License under section 4 shall
###### Grant of and be in such form and manner as may be prescribed and shall
Renewal of be accompanied by fee of rupees Two Thousand and Bank
License Guarantee of rupees Five Lakh only.

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


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1726 THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 4, 2019

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.

(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.

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

and Suspension reference made to him in this behalf or otherwise, that-
of License

(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 Cl) 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
Inspectors Official 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

`Cb)` defme 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 No.45 of

1986

the meaning of section 21 of the Indian Penal Code .


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THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 4,2019 1727

(2) Every Inspector appointed under this section shall be
subject to the control of the Labour Commissioner-cum
Controlling Authority.

Powers of 8. Subject to any rules made in this behalf: an Inspector may,
Inspectors within 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 Govemment 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 WIder 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.


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1728 THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 4, 2019

Function and 10. (1) The Private Placement Agency shall furnish the
Duties of Private details of employment of worker to the Controlling
Placement Authority within 7(Seven) days from the· date the
Agency 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.

(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.

Punishment for 11. (1) Any person who contravenes the provisions of section

contravention of 4 of this Act shall be punishable with imprisonment

certain provisions 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 -


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THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 4,2019 1729

(i) made by the Controlling Authority appointed under
this Act, or

(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;

Limitation 12. 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
(he Inspector, as the case may be.

Application of 13. The provisions of the Code of Criminal Procedure, 1973

No.2of

Code of Criminal relating to any search or seizure shall be applicable to any search

1974

~, 1973 or seizure made under this Act.

Act in addition to 14. This Act shall be in addition to and not in derogation to any other

any other Laws Jaw for the time being in force.

Powers to make 15. (I) The State Government may, by notification to be published
Rules 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;

(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 (IXa) 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

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

objects of this Act.


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1730 THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 4, 2019

Suit and 16. No suit, prosecution or other legal proceeding shall lie against
Proceedings 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.

Offences to be 17. All the offences under this Act shall be cognizable and non-
cognizable and

bailable.

non-bailable.

Power of 18. If any difficulty arises in giving effect to the provisions of this Act,
interpretation

the State Government may, by order, published in the Official

and removal of

Gazette, make such provisions not inconsistent with the provisions

difficulties.

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 y~ from the commencement of this Act.

S. M. BUZAR BARUAH,

Commissioner & Secretary to the Government of Assam,

Legislative Department, Dispur, Guwahati-6

Guwahati :- Printed and Published by the Dy. Director, Directorate of Printing & Stationery, Assam, Guwahati-21.
Ex. Gazette No. 761 - 300 + 10 - 04 - 09 - 2919. (visit at--dpns.assam.gov.in)


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