22 .:ifarqr , 1994, 2 <l1<t5f, 1916 (tlf'll) · .. 4S Hivpur ... r .. . . ·. J'riday, 22nd April, I 994 , 2nci… — ORDERS BY·THE GOVERNOR

22 .:ifarqr , 1994, 2 <l1<t5f, 1916 (tlf'll) · .. 4S Hivpur ... r .. . . ·. J'riday, 22nd April, I 994 , 2nci Va isakba, ·--~~-~---1916 (S. B.)

48 22 .:ifarqr , 1994, 2 <l1<t5f, 1916 (tlf'll) · .. 4S Hivpur ... r .. . . ·. J'riday, 22nd April, I 994 , 2nci Va isakba, ·--~~-~---1916 (S. B.) -1 .-J .; -- GOVERNMENT OF ASSAM : . . , ORDERS BY·THE GOVERNOR .(.BGilbATIVE . . DEPARTMENT l LEGISLATIVE BRANCH ... . .. . .. } - .. ., r - -· -· .,,. •VBLIHIBD 8¥ .lUWBOart'Y .. n TBE ASSAM GAZBftB TOA F.X'tRAORDINAR \i · -N -NOTIFICATION The 22nd April 1994 .1c ,.... __ ,.... ASSAl\II ACT NO. IX QF 1994. (Received the assent of the President on 16th April, 1994) THE ASSAM ESTABLISHMENTS (CONFERMENT OF PERMANENT STATUS TO WORKMEN) ACT, 1985. AN ACT "-Q<""· · '*',, =: =: •. : . .r. t 0 provide for tihe conferment of permanent "Status to workmen jn the industrial eshablishments the State of Assam . PHamblc Whereas it 'i 'is expedient to make provision for conferment 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 . i · commence. Establishments <Conferment of permanent stat.us to workmen1. men) Act , 1985. ,,. It extends to the who'.e of the State of Assam. HOy <3) It applies to every industrial establ.ishmenti (not being of a sE;li 01w, w,l ,l oh\lracter or :in which w ork is performed only interrnittenty) :in which not less fhun· 50 <Fifty) were · QU ap.y; qi · preceding twelve months . If any question arises 'shether an industrial estlablishment :is of a seasonal character or whetiher work performed therein onl)· 1n1ermittently, the .i. decisiOS\ 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 ·q_f t).9ti"' -industrial establlshmentt · emplOying such ·q workmen less than ·fifty as may 00.. s:p.ecioned in , t !cation . .,,_ ··, "?'"- -- APR·22,1994J87 It shall come into force at once. . . . P Provided that notlhing contained' in this Act1 shall aPPl~ t 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,-- owner of an industrial b1:ing ' "employer" means the establishmenb to which this Act · for the time applies and 'i 'includes :- (a) in a factory, any person named under Clause (f) Factorie5 LXIII of 1948) as manager of sub-section (1) of Section 7 of t:he Act, 1948 <Central) Act . of factory ; (b) in any indunrial estabfo:hment under t1he control of any Depr,rtment· of a·1y State Gover.r.menti in India, the al'fihority ap1s1P1ted by such st .a .ate Government in this behklf . or where no c:ubhority is so the he;:;d d the departmen tl; (c) in any other incfostrial establishment . any responsible to the owner control of the *"" industrial establishment : for the supervision and the *"" tW .; " Government" means A' A' "sam, the State Government of <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 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 in Tran sport <c) ci transoort imcfett::ikinrt -as defined Clanse <g) of Sect:ton 'Z f)f ne 1\fot0r Wr;·ker::; ."'.ct 19fi1 (C,-., .., t,n1l Act· 27 nf 10f:1): 0r (d) a beedi industrial premises as denned in Clause (i) Workers 1966, (Cent;ral of Section 2 of the Beedi and Cigar <Conditions of Employment) Act, Act 32 of 1966) ; or ·e W)" of SecEstabllshmcnt:; (e) (ln establishment as · defined in Claus ·e tion 2 of the Assam Shops and Act 1971 (.As;;am Act XXI 0£ Hl74); or · · ·. · · r (f) any other C'>l'.lbli5h!llent, which the may, by no 1. i'.ica:io:1 in tL.e offici:ll Gaz." · e decl. . . . .n .ne to be an "industrial establishment" for the purpose of this Act ; C4) "Workman·' means any p€rson employed in any industr:ial establishment do any ski.lled or unskilled, manual, supervisory , technical or clerical work for hire or reward whether the terms of employment be express or implied but does not include any such person,-...,,, .... •. . (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 administrat!Jve capacity; or (c) who, being employed in a supervisory capacity, draws _ w _ wages exceeding one rupees per mensum or exercises. either · by the nature of the attached to the office or by reason of the powers .vested is ~im functions mainly of R mana 1 1e:rial nature. ~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. 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 ---- ---- - . , _ . . ' r' - ,including service which may be interrupted ori account of sickness or authorised leave or an accident or a strike, which is not illegal or a lockout, or on accout of non-em. p ployment or discharge of such workman for a period which . does not exceed 45 days and during which period a substifute , 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. I ..._ . . loye hich [ J' -. . . · 2002190 Explanation.-For the number of days on which a industrial establishment include the davs on which- H purposes of this· section; the workman has worked in an .· . h Hw.111 (i) he has been laid off under an agreement or as perm itted by standing orders made under the Industrial Employment (Standing Orders) Act ·: ·: 1946 (Central Act XX of 1946) or unde:i.· any other law applicable to the industrial establishment; ,. 4ijf,~~· d iU · i 4ijf,~~· · (ii) he has been on leave with full wages, earned in Uie .. previous years; ·a: Jl · · · a.,.: ... Jl .. .. : , , .. . 厂 (Hi) he has been absent due to temporary disablement caused by accident arising ou+ of and in the course of his employment; and · · "':. r ,, (iv) in case of a female, she has been on inate .r .rnity leave; so. however , fhat the total period of such maternity ]eave does not exceed twelve weeks.

Section 48