P Registered No, &-1& The Assam Gazette ~ < -■ EXTRAO RDINAR Y / tfW W ^R «W SPURTS PUBLISHED BY AUTHOR ITY 76 fw *^, *ifâ ra, 7 .afsrer, 1984, 18 p’® 1906 (XR?)
No . 76 Di spur , Sa tu rd ay , 7th Apr il, 1S84, 18th Ch aitra , 1906 (S. E.)
GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT : LEGISLATIVE BRANCH NOTIFICATION The 7tK Apr il 1984 No.LGL.86/83/62.—The following Act of the Assam Legislative Assembly which received the asse nt of the President is hereby published for gen era l info rma tion . _____ ______________ ___ 822 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 7. 198 ..A ASSAM ACT NO. VII OF 1984 (Received the assent of the President on 7th April, 1984).
THE ASSAM STATE INDUSTRIAL RELIEF UNDER- W TAKINGS (SPECIAL PROVISIONS) ACT, 1984.
/ '-f-r ,, ,,, : '\ S’ - ■ * . ■ - ' An V 'S '* Act to enable the State Government to make special provisions for industrial undertakings for providing relief against unemployment.
Preamb le.
Sho rt title , extent and commence me nt.
Definition?.
Whereas it is expedient to take steps to enable the State Government to make special provisions for a limited period in respect of industrial rela tions, financial obligations and other like matters in relation to industria l undertakings the running of which is considered essential as a measure of prevention or of. providing relief against unem ployment, in the manner hereinafter appearing ;
1 It is hereby enacted in the Thirty- fifth Year of the Republic of India as follows :—
1. (1) This Act may be called the Assam State Industr ial Relief Undertakings (Special Provisions) Act, 1984.
(2) It extends to the whole of the State of Assam.-< -
(3) It shall come into force at once.
2. In this-Act, unless the context otherwise requries :—
(1) "Government Company” has the meaning assigned to it. in Section 617 of the Companies Act, 1056 (1 of 19 o THE ASSAM GAZETTE, EXTRAORDINARY,. APRIL 7, 1984 823
(2) "In dustry” means any business, trade, undertaking, man ufac ture or calling of employees and includes any callings, services, employment, handicraft or industria l occupation or avocation of workmen but shal l not includ e tea plantation and the word "industrial” shal l be construed a ccordin gly ;
(3) "Not ification” means a notification pub lished in the Official Gazette ;
(4) "R elief Und ertaking ” means a State indu stria l undertaking in respect of which a decla ration under Section 3 is in force ;
(5) "St ate Industrial Und ertaking ” means an industria l undertaking :—
(a) which is started or which, or the management of which is under any lavz or agreement acquired or other- <• wise taken over by th e State Gov ern- • ment or by a Governmen t Company and is run or proposed to be run by, or under the author ity of the State Governm ent or a Governm ent Com pany ; or '
(b) to which any Ioan, advance, or gran t has been given, or in respe ct of any loan whereof , a guarantee has been given, by the State Governm ent or a Governm ent Company, Declaration 3 The State Government, may, if it is satis- ’ ndertaking if *s n ecessary or expedient so to do in 1 the public interest, wit h a vie w to enabling the continued running or re-star ting of a State Indus tria l Undertaking as a measure of prev ention or of pro viding rel ief against un-employmen t, declare, by notification, that the State Industrial 824 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 7, 1984 Undertak ing shall, on and from such date and for such period as may be specified in' the notification, be a rel ief un dertaking :
Prov ided that the period so specified shall not in the first instance, exceed one' year but may, by a like notification, be extended, from time to time, by any period not exceeding one y ear at a time so, however, that no notification issued under this section shal l in any case remain in force for more than five yea rs in the aggregate .
Application 4. The State Gov ernm ent-may, if it is satisenactmTts fied that it is necessary or expedient so to do for and conti actsthe purpose specified in Section 3 direct, by X e tTe£iiefnotif ication, — undertaking.
fa) that in relat ion to any relie f undertaking all or any of the enactments specified in the. Sched ule to this Act shall not apply or shall apply with such adaptations, ' whether by wa y of modification, addition or omission' (which does not, however, affect the poli cy of the said enactments) as may be spe cif ic! in such notification ; or
(b) that the operation of all or any of the contracts,, assurances of property, agre e ments, settlements, awards, standing orders or other instruments in force (to which any rel ief undertaking is a party or which may be a pplicable to any relie f undertaking) imm edia tely before the date on which the State Indu stria l U ndertaking , is declared to be a rel ief undertakin g, shal l remain suspended or that all or any of the rights, privileges, obligation and liab ilities accru ing or arising the rea fter before the said date, shal l remain sus pended or shall be enforceable wit h such modifications and in such manner as may be specified in such notification.
THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 7, 1984 825 Overriding effect of notif ication und er Section 4.
5. A notification issued under Section 4 shal l have effect notwithsta nding anythin g to the con tra ry contained in any other law, agreem ent or instrument or anv decree or order of a court, tr i bunal, officer or other autho rity.
o M n o d d k a 6- An y remedy for the enforcement of any tion o f cert"- right, priv ilege, obligation or lia bi lit y refe rred to rightê ete.eŜ n Clause (b) of Section 4 and suspended or modist ay o’f p r o - fied by a notification under that section shall, in thek revival accordance with the terms of the notification, be and con- suspended or modified, and all proceedings rela - tin ua nc e. thereto pendihg before any court, tribunal, officer or o’ther authority shall acco rdin gly be stayed or be continued subject to such modifica tion, so, however, that on the notification, ceasing to have effect, —
(a) any right, priv ilege , obligation or liabil ity so suspended or modified shall rev ive and be enforceable as if the notification had never been issued, and
(b) any proceeding so stayed shal l be proce eded w ith subject to the provisions of any law which may then be in force from the stage which had been reached when the proceeding was stayed.
Period of limitation.
Power to make rules,’
7. In computing the period of limitation for the enforc ement of any right, priv ilege, obligation or lia bi lity refe rred to. in Clause (b) of Section 4, the period durin g which it or the remedy for the enforcement thereof was suspended, shall be excluded.
8. (1) The State Gove rnment may. sub ject to the condition of previous publication, make rules to car ry nut the provisions of th is Act.
326 THE ASSAM GAZETTE. EXTRAORDINARY, APRIL. 7, 1984
(2) ■ In part ic u la r an d w itho ut pr ej ud ic e t o th e ge ne ra li ty of th e fo rego ing po we r, such ru le s m ay pr ov id e fo r al l or an y of th e fo llo wing m at te rs , na m ely
(a) th e ra te s of wa ges pa ya bl e to th e wor km en an d th eir wor kl oa ds and th e sa la ry pa ya bl e to th e staf f, th e pa ym en t of bonus, gr at ui ty , com pe ns at ion an d ot her b enefi ts ;
(b) th e m an ne r in which th e re lief un de rt ak in g sho uld be ru n ;
fc) th e st re ng th of sta ff an d la bo ur to be em ploy ed fo r ru nn in g th e re li ef un de rt ak in g ec onom ic al ly ;
* »
(d) th e m an ne r in which th e net p ro fit s or net los ses or su rp lu s fu nd s shou ld be ap pr opr ia te d or disposed o f ;
(e) th e pe rc en ta ge of pr of its to be u ti lise d fo r th p be ne fit of th e perso ns, em ploy ed in th e under ta kin g an d th e m an ne r of it s ut il is at io n ;
(f) th e m an ne r in whi ch an d th e ex te nt to w hi ch th e re pre se nt at iv es of th e wor km en m ay be associa ted w ith or m ay pa rt ic ip at e in th e m an ag em en t of th e re li ef under taking .
(3) Eve ry ru le mad e un der th is Se cti on sh al l be laid, as soo n as m ay be af te r it is ma de , be fo re th e As sam Legisla-r tive As sembly whi le it is in ses sio n f or a to ta l pe rio d c.-f fo ur te en da ys which m ay be co mpr ise d in one ses sio n or in tw o successiv e ses sions, an d if, be fo re th e ex pi ry of th e sessi on in which it is so la id or th e ses sion im m ed ia te ly fo l low ing , th e Ass am Leg is la tiv e Assem b ly ag ree in m ak in g an y mo dif ica tio n in THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 7, 1984 8 27 the rule or the Assam Legislat ive Assembly agree th at the rule should not be made, the rul e shall therea fte r have effect only in such modified form . , or be of no effect, as the case may be, so,'however, that any such modification or ann ulm ent sha ll be witho ut pr eju dice to the val idi ty of any thing pre vi ously done under tha t rule .
Sa n̂gf * 1‘ 9. (1) The Assam Sta te Ind ust ria l Relie f Under taki ngs (Special Provis ions) ' Ordinance, 1983 (Assam Ordinance No. VI of 1983) is h ere by repealed .
(2) Notwi thst and ing such repeal any .action tak en or any ord er passed any proceedings comm enced or any thing whatso ever done under the Ordinance so repealed shall be deemed to have been taken, passed, commenced or done under the corresponding provisions of this Act, as if this Act had commenced on the 30th day of December, 1983 (the date of promulgat ion of the Ordinance).
' THE SCHEDULE.
[See S ection 4 (a) ]
1. The Ind ustrial Employ men t (Standing Orders) Act, 1946 (20 of 1946).
2. The Industr ial Disputes Act, 1947 (14 of 1947).
3. The Assam Shops and Establ ishm ents Act, 1971 (XXI of 1974). • MD. SAADULLAH, Secre tary to the Govt, of Assam, Legislat ive Dep artm ent.
GU WHA Tl—Prin ted and publish by the Supd. i/c „ Assam Govt. Printing Press (Ex-G azette) No. 15 1-1,00 0—400—7-4-1984.
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