State Act

THE ASSAM INDUSTRIES ESTABLISHMENTS (CONFERMENT OF PERMANENT STATUS TO WORKMEN) ACT, 1985

This Act was repealed on a date we do not have by The Assam Repealing (No.I) Act, 2017 (Assam Act No. XIX of 2017) (named as the Act repealing it in the Assam Legislative Department's list of repealed Acts, alphabetical_repealed_act_final.pdf; the list gives no date); it may still apply to matters that began before then.

2. In this Act, unless the context otherwise requires,-- (1) “employer” means the owner of an industrial establishment to which this Act for the time being applies and includes :— (a) in a factory, any person named under Clause (f) of sub-section (1) of Section 7 of the Factories Act, 1948 (Central) Act LXIII of 1948) as manager of the factory ; (b) in any industrial establishment under the control of any Department of any State Government in India, the authority appointed by such State Government in this behalf. or where no authority is so appointed, the head of the department; (c) in any other industrial establishment, any person responsible to the owner for the supervision and control of the industrial establishment : (2) “Government” means the State Government of Assam. (3) “Industrial Establishment” means :— (a) a factory as defined in Clause (m) in Section 2 of the Factories Act, 1948 (Central Act, LXIII of 1948) or any place which is deemed to be a factory under sub-section (2) of Section 85 of that Act; or (b) a Plantation as defined in Clause (f) of Section 2 of the Plantation Labour Act, 1951 (Central Act LXIX of 1951) ; or (c) a motor transport undertaking as defined in Clause (g) of Section 2 of the Motor Transport Workers Act, 1961 (Central Act 27 of 1961) ; or (d) a beedi industrial premises as defined in Clause (i) of Section 2 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966, (Central Act 32 of 1966) ; or (e) an establishment as defined in Clause (8) of Section 2 of the Assam Shops and Establishments Act 1971 (Assam Act XXI of 1974) ; or (f) any other establishment, which the Government may, by notification in the official Gazette declare to be an “industrial establishment” for the purpose of this Act ; (4) “Workman” means any person employed in any industrial establishment to do any skilled 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 a managerial or administrative capacity; or (c) who, being employed in a supervisory capacity, draws wages exceeding one thousand rupees per mensum or exercises, either by the nature of the duties attached to the office or by reason of the powers vested is him functions mainly of a managerial nature.