The ASSAM PHYSICALLY HANDICAPPED EERSONS (EMPLOYMENT IN FAC'I'ORIEs) ACT, 1986
###### .
 Registered No. A- 1.~ ... ~'"" "~ [ ~~~

 11·

#### THE -ASSAM GAZETTE

~YfT<IJ~Cf

" EXTR         - }~ O -RD INA. RY

           - ~~ ~~           - ~·I

###### PUBLISHED BY .AUTHORITY

..,. '

-·------        -

9{~ 28 . fftllf~. ~~~A, 22- t'11SP'ft""1• 1990.,-3 ~t~~. 1911 l~)

No. 28 Dl•par, Tharsda7. 22nd .Pebraary, 1990, 3rd Paalcu~a,

                              - 1911 (S~ E.)

###### . GOVERNMENT OF- ASSAM

 ORDERS BY THE OOVERN'O

LEGISLATIVE DEPARTMENT : .         - .         -         - .         -         - LEGJSt;:A~~ - - -..·-         - -_. '.BRA~CH - .

# ·---- .. .

###### NOTIFICATION

The . 21st February, 1990

No.LGL.27/86/67.-The following J\:ct of the Assam Legislative

-:Assembly. which received the assent of.the President is hereby publi-

'shed for general .information.          - ·

###### '


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156 THE ASSAf4 GAZETTE, EXTRAORDINARY, F.EB. 22, 1990

ASSAM ~CT, NO. II .OE 1990

. ,-'~ ;:t '!',:.:tr~ " ;<'.~

~~ ~~~: ;.~~cf~it~

(Received the assent of the President on '1th F:ebruary,, 1990)

       - THE ASSAM PHYSICALLY HANDICAPPED

EERSONS ._(EMPLOYMENT IN

FAC'I'ORIEs) ACT, 1986.;

:An

_··;'.t':._

Act

~ secure employment to physically hanfilcapped

persons and prQvide for · matters connected

~herewitil .: ""

###### It is hereby .enacted in 1the Thirty-Seventh
Year of the Republic of India _as_ follows :--, .

~-~ 1

Short title, 1 (1) Th' .,,.. b all d th         - · A: . . _11_
eXtcnt co- . is .n.ct may e c e e ssam

mmenc~~cntPhysically Handicapped Eersons (Employment in

a~d tl()Q. apphca·Factories) . :Act , 1,.. 1 986 •          - </,

(2) It extends to the whole of the S~ate of
Assam..

(3) It shall come into force at once.

~ (4) (a) . It ~l apply . in the first instance

~=-~

(i) evecy existing factory wnere Rve

hundred or mqre workers are working or were

.working on any. day of the_ twelve months :inl-

mediately preceding the commencement of the
.n. rAct ., iJ                              -                              - . ~ '<'"!';·~ ... , ;;~;"'·~4 ~,,:

(ii) every n~w factory where five hun:area

###### or more workers art:! working.

(b) The Staite Government m~; after giving

two months notice of the ~tention· of so doing,
by notificaition in the Official Gazette, apply the
provisions of th.ls Act to other factories where

. ,


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such lesser numoer of workers are wor&g as

specifi~ in such notification ;

', I                                                   - ..,., ~

                     - .,.(c) It shall apply to a factory oelonging to

or managed by any Government exc_ept the
Central Government, if such factory is a factory
referred to 41 clause (~) or in the notification
issued under clause (b) ; .. ,... _

(d) 'A factory to which this Act applies under
clause (a) Qr (b) shall continue lf:o be governed
by this '.Act notwithstanding that the number of
workers"' working ;therein _falls oelow. the num-
lier specified in clause (a) or in -the notification·
issued under clause (b) ; ' '"

~ : 1 ~~,--~'!1(.. -ii-~ ,._ ,.. ~ ' ~ ;;-:~~,

          - Deftnltfona. 2. In this '.Act, . unless the context otnerwise

irequires • :- · '""t•.•••-~ ,                 - ~-.....-.-.,,- r"";"'""~-11if!""'""'"".....,.,..,• ';:--' __ ...,......,,._~,..,..

. (a) ~~Certifying Surgeon'' means a Certffying

Surgeon·. appointed under Section 10 of the
Factories .r:Act, \1948 ; 63 of 1948.

                                                                                                                                                   -                                                                                                                                                    - •T> '' ' "                                                                                                                                                    - --~.-:- ·· - -.....,.-                                                                                                                                                    -                                                                                                                                                    -                                                                                                                                                    - ·• -::..~

###### .. ,

(b) "eXisting factory'' means a factory

exisitihg on: the commencei:nent of this '.A:ct ;

('.~

(c)                    - Inspector'' means an Inspector appointe<l

uri'der Section 8 of the Factories ~ct 1948; 63cir1948.

! ~                        - ,,,,,_ .                        - · . ._                        - . . ' '

. '

(a) "new. factory" means a: 'f?ctory fri which

tne manufacturing process is commenced at any
time af1ier            - he commenc~ment o"f this ~ct; .

_·.;;r_ _r_ ""!"'; "',-~: .,- CY}"l:. ~

                       - ( e) "person registe~ed as. physically :fian'Cll-

cappeo'' means a physically han'Oicapped person
whose name is registerea ~th an employment
exchange; _

n -~-r .--                         - :"" _.,-,-·-T·•·~-,.                         - f'lli~ Q@?~r..JC!!!!"YPl"IU""'.,.,qWIR~""9,!mfSQ!l!I!. tfl!;!',' r- .. -,.~~~~

(f) "pnysicalfy. handicapped person" means

a person who, on account or any oeri'cien:cy,
injury, aisease or congenital oe!ormity, is suo-
stantially lianaicapped in obtaining or 'Keeping

           - employment, or -~ unoertaKing wor'k on his own
account, of a kind which out for such Cfefl:ciency,


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**158** THE ASSAM GAZETTE. EXTRAORDINARY, FBB. 22,, 1990

injury, disease or a~formity would be suited tQ ·
his age, experience and gualifications ;~

. .

(g), nprescribed'' means prescrioed l:iy

rules made under {this '(A:Ct.;·

(h) (i) the word "employment exchange''
shall have the meaning assigned to it in the ·
Employment Exchanges (Compulsory Notification·
of Vacancies) :Act, 1959. 31 oC19S9.

{ii) other woras and expressions used l:iut

not defined in this Act shall have meanings '.
respectively assigned ·to them m the Factories

'A' t 1948 63 of 1948.
c ' .

' ~

Obligation      - . (1) Every occupier of an existing-factory to
of occupl kr which this :Act applies shall · allocate : suctl
to emp oy .       -

persoas re- number of vacancies for employmept of persons
###### . ~~~~fc:u~ registered as physically handicappea, as is not
hand.icappedless than one half percent or such higher per-

in factory. cent not exceeding one as · may oe prescrioe0· of
the numoer of worxers so worlong ..
###### ----- . . c.. - · - ----,,.....-:;,'. '=•~· .. =~~=.,,::: .. ~~

(2) Wliere an occupier has, unaer sue-sec-

tion' (1), allocated a numoer of vacancies, sucn
occupier shall not, a;t. any time, tal{e or offer. to

taKe ,into his employment any person other than
a person r.egistered as physically handicappea

###### till all the vacancies so allocaitea· are Rlle'Cf.

(3)' Nothing in: suo-section (2) shall apply· to

ta'king, or offering to talte into employment any

person ireqU:J)reCJ '6y-

                                                                          -

(a) an agreement to reinsta~ sucn person

in his employment . enterea. foto oefore the

, commencement ~ of thfs- ~ct ;' or -- . ~· - · .- ·-.,... - · - -··,

###### (05 a:n ~ct wnetner. passea '6efore or after .

this \Act ;i or- .

. (c) any '.Judpement, aecree or .oroer o'f a _

court.·


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THE - ASSAM- GAZETTE. EXTRAORDINARY, **FEB. 22,** 1990 .159

(4) Every occup~er _of_ a: new factOry to '

which this '.Act applies shall give employment to -_           -

such: number of persons iiegistered as physically
handicapped, as is not less than one haH percent
pf the work'.ers ~Q tie employed.

(5) Whenev:er this ~ct applies to an existing -

or n:ew factory the occupier thereof shall allocate

          - such number of vacancies ':for employment           - f

persons registered as physically handicappea as
is n0it less than one half ·percent of ' the numoer
of workers so worldng and thereupo~ the provi-
sion of sub-sections (2) and (3) shall so far as
maiy          - be, apply. ·
. .

(6) In 'determining the num'6er of Vacancies

for employment of persons registered as pliyai-
caliy-handicapped under sub-secti:on- 0) or_· sub-
section (5) and the numoer of person5 regi.Steroo

as physically-handicappeg to -be employ~d und~r

sub'.'"section (4), a fraction equal to or exceeaing -
half shall be counted as one a:n~ a: fraction _le.ss

!than half shall 0e igntjred.

Conditions      - 4. No physically handicap~ _ pe~son shall

for employ- be employeo unoer SeQtion 3 unless-     - -
ment ofphy- . · _ .      -

sically han-

dicapped (a) ·he is an      - dul't ;~ -·

persons.

(b) his name is registered at 'any employ-

ment exchange in th~ State ; and . __

_(cJ_ a certifi'cate of nfuess granletf "under

Section 5 is . -frr .the custooy _of_ man_ager _of_

the           - '.facfury.

###### 5. (11 A Cer;tlfyin-g Surgeon snall, on an appli~~

Certificate tiorf of a person regisrterea as physically nandi-

offl~••t -

capp~ ~ccOmpanied by a: aocuinent s1gnea oy·tne

manager -~f- a i~ctory ttiat . such -person ~will oe -

employea tnerein if cerltined to oe m--for         - orli

i.n the factory or. on. a:n· , app!icatfon of tlie

manager of ffie !actory in which t1ie person
registeried as physicaliy fiandicappefd -wishes , to
worlt · examine          - ucli' person and ascertain his
rti_tne;s for w~r'K- in a f!adfory.,


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160 THE ASSA;t<.L GAZETTE. EXTRAORDINARY, F~B. 22, 1990

(2) W. Certifying Surgeon after examination

may grant to the personn registered as physicatly
handicapped a certificate of fitness to work in' the
prescribed .lfOlliIDS ;

Provided that the Ce'i#fying Surgeon shall

not grant .certificate-under this sub-section unless

he has personal lfuowledge of the place where

.the person registered . as physically hand~capped

person is to be             - emploY:ed and of the manufac-

turing proeess in _ _, which he is ito · be employed ..

(3) 'A' Certifying Surgeori' may revolte any

certificate granted uhaer sub-section (2) if in his
opinion the holder of it is-no longer fit to work
in 1the . capacity .stated therein' in .a factory.

(4) Any fee payabl·e for the certificate under

this section shall be paid oy the occupier and
shqll not be recovered 'from the person registered
as physically handicapped.-

~c:tnt!~ 6. Every occupier to ;whom Section ·3 applies

lned· by shall maintain: a recoro in such form as may

o~picr. b~ prescrioed, o·f particulars showing the number .·

of persons employed oy him, the humoer . of
persons . registere4 as physically handicapped

employea by him ana the.names of such person·s

and such other particulars as may oe prescrioed.

Powers anq .. 7. Subject to any rules maae. oy the .State

duties Inspeotori. of _·a overnmen, t_ ,. m - this beh . a , lf an I nspec r to m_ay,

within the local limits fur which he i_s appointed---

                      - (a) enter at all reasonaole times, acco-mp--

parued :with such persons in:_ the service. of the

Government as he thin.Ks fii_t, any place which is
used or which: he has re_ason · to oelieve is used
as a :fact~ ; ~

(b) make sucn examination of recoros and

taKe on the spot or otherwise evideri'ce of any
person as- he may deem necessary;· 'for carrying
ou,t the purposes ?f this ;Act;· an"d


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. THE ASSAM GAZETTE. EXTRAORDINARY, FEB. 22, 1990 161

(c) exercise sucn Qther PQwers as may be·

pre.SCri'bed, for ca-rrying out the pµrposes of this

_Act:

Provided that no one shall be required-under

this · section to answer any question or to give
any evidence tending to incriminate himself.

Occupier 8. Every oecupier and in his . absence the

and manager to produce manager s h a.i .11 on d eman ·d pro d · µce f or mspec, ion · t•

records, etc. by an Inspector all records required to be kept
for inspec• d        - f h hi
tion. un er and or t e P1:1rposes of t s. :Act.

Oi'encea by
occupier or 9. If any occupier or imanager-
manaaer.

(a) fails to employ under Section 3 persons
registered as physically handicapped; or           -

(b) contra'vences provisions of Section 4;- or

(c) fails to· maintain r·ecords reguired

under Section 6 ; or

(d) wilfully obstructs an Inspector in tbe
exercise of his powers or discharge of his duties
under fhis Act or fails to produce for inspection

. on demand by an ·Inspector ahy records maintai-
ned in pursuance of the provisions of this Act or
the rUles made thereunder _9r_ to supply to hLnl
###### .on demand true copies of any such recoras ;

(07 .... C: . ; ;)._.:.: ~ ·                            - - -

                                  - -~ he shall oe punishaole witl1 imprisonment

which may: extend to six ·months or · .witll fine

which may extend tQ one ,thousand rupees pr. with

###### both.:

Penalty (or '
using fal1c 10. Whoever knowingly _uses_ or at,tempts to

certificate of use as a certificate of fitness granted to hims-elf

fitneaa.         - under Section 5, a certificate granted to arrother

person under 1that           - section or who, having pro-
cured such a certificate, knowingly allows it to
be used or an attempt to use ~t to oe made, by
another person, ·shall be punishable with impri-
sonment for a -term which may extend to one


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162 . THE ASSAM GAZETTE. EXTRAORDINARY. FEB. 22, 1990

month or with fine which may e:.Aend to one

hundre~ rupees o'r · iwi1lh both.

Coanizance 11. No ~ourt shall take cognizance of any

ofoll'cnces. offence unde~"this Act, except on a complaint by,

               - or with the previous sanction in ~ting of, an

lnspect9r.

12. No suit or pther proceedings shall lie
against the State Government or any officer or

              - · elllployee of the State Governmen~ for anything

whic};l is in good faith done or mtende.d to be
done in .pursuance-of 1this Ac~ or any rules made

theteunder,

Power to ;. ' _f3. (i) ~ The State- Governmeht may, by

make rides. notification 1n the Official Gazette make rules
###### . '
for carrying 9ut the purposes of this Act.

. (2) In particular ana withQut prejudice to

-'the. generality of the foreg,oing power, such rules

may provide for all or any of the following
matters, namely, :-

                - a) ·the -form in which a certificate of · ~tness

~to work-to be granted by a Certifying Surgeon

under sub-section (2) of :section 5 ;

(b) the form in wl}ich an occupier shall

nialhfain a record all:d tlie ·:c)ther particulars .to tie

shQwn an such fQrm ~

'· ~                      - {c) the rul~s subject to whicli an Inspector
###### ,· may ~x.ercise his powers and perform his ·Cluties

under Section· 7 and the other powers to be
exercised oy an lnsp~ctor under clause (c) of
Section \7 ; and

(d) any other matter which is to be or may

           - be ipres~ibed.

' (3) The power ~o malie rules conferred by

this section shall be .subject to the condition of
the' ruies being made · after ·previous publication.


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###### flit A§sAif c.AZl'firt. arlaAoioiNARY. FEB. 22. 1996 1~

(4) All rules made under this section. shall

###### )de laid for not less than thirty days before the

State Legislature as soon as possible after they
are made and shall be subject to resc~sion by
the Sitaite Legislature or to such modifications as
the State Legislatul'e may mak.e during ~he

session-in which they are so laid or the .i:ession
immediaitely followmg.

(5) Any resciss10>n or modification so made

oy the Sbtite Legislature shall be published in
the Official Gazette, and shall thereupon take

~ffect,

~. RAHMAN,

Searretary ·to the Gov.t. _of Assam,_

_ Lejlisla·tive ~epartment.:

    - OUWAHAn.-P1lntrd '\Dd htlishedby•"' D1.Director(P), Dinc:torate ofPtg.an

Ser., Assair, Guwabati-21 (Ex-Gasette) 'No. $5-1,110-300-22-2-1990.

/


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