..,. ' ' .
... ~'"" "~ [ ~~~ Registered No. A-1.~ 11· THE -ASSAM GAZETTE ~YfT<IJ~Cf -·------ " EXTR·J}~O-RDINA.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. · · 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 apphca·Factories) :Act 11 986 - tl()Q. . , ,.. • </,
(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 rAct ., - · ~ , "'·~4 .n. iJ . '<'"!';·~ ... ;;~; ~,,:
(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 . , TIIE ASSAM GAZETT:l!i, EXTRAORDINARY, FEB. 22, 1990 157 such lesser numoer of workers are wor&g as specifi~ in such notification ;
', I • ..,., ~ ·a.,.(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 ·the 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, .. , 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 ·3. (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.· 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 ·of 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 persons.
Certificate offl~••t -
(a) ·he is an ·adul't ;~ -·
(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~~ tiorf of a person regisrterea as physically nandi 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 ·worli 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 ·sucli' person and ascertain his rti_tne;s for w~r'K- in a f!adfory., 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 of ·a t ,. - this beh lf I to Inspeotori. overnmen, m . a , an nspec r 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 . 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 h .11 d ·d d · f · t• to produce manager s a.i on eman pro µce or mspec, ion 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 manaaer.
9. If any occupier or imanager- Penalty (or using fal1c
(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.:
'
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 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.
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.
/ \