Assam Workmens' Protection Act. 1984

No: 1 Dated: Jan, 17 1985

ASSAM WORKMEN'S PROTECTION ACT, 1984

ASSAM ACT No. I OF 1985

    An Act to prevent the recovery of debts from certain classes of workmen by besetting the places where they work or receive their wages and protect such workmen from molestation and intimidation by their creditors in the State of Assam.

    Preamble:- Whereas it is expedient to prevent the recovery of debts from certain classes of workmen by besetting the places where they work or receive their wages and protect such workmen from molestation and intimidation by their creditors.

    It is hereby enacted in the Thirty-fifth Year of the Republic of India. as follows:

1. Short title, extent and commencement:- (i) This Act, may be called The Assam Workmens' Protection Act. 1984.

(ii) It extends to the whole of the StaJte of Assam.

(iii) It shall come into force at once

2. Definition:- In this Act. unless there is anything repugnant in the subject or context :-

(1) 'Workman' means any person employed by local authority on a system of public conservancy or sanitation or· employed.' in any industrial establishment to do any skilled, unskilled, manual or clerical labour for hire or reward;

(2) 'Industrial Establishment' means-

(i) A factory as defined in clause (m) of Section 2 of the Factories Act, 1948 (63 of 1948)

(ii) A Railway as defined in clause (iv) of Section 3 of the Indian Railways Act, 1890;

(iii) The establishment of a person who for the purpose of fulfilling a contract with the owner or any inqustrial establshment, employs workmen;

(iv) Transport Vehicles Services;

(v) Dock, Wharf or Jetty;

(vi) Inland Steam Vessel Services;

(vii) Mine, Quarry .

(viii) Plantations as defined in clause (f) of Section 2 of the Plantations Labour Act, 1951 (69 of 1951), and

(ix) Workshop or other establishment in which articles are produced, adopted or manufactured with a view to their use, transport or sale.

(3) A person who, with intent to cause a workmen to abstain from doing or to do any act which he has a right to do-

(a) obstructs. threaten or uses violence to, or intim idates such workman ; or

(b) persistently follows such workmen from place to place or interferes with any property owned or used by him or deprives him of, or hinders him in the use thereof ; or

(c) loiters or does any similar act at or near a house or other places where such workman works or carries on business ;

shall be deemed to molest such warkman.

3. Besetting Certain Places With A View ' To Recover Debt : Whoever-

(1) loiters at or near any place where a workman. works or receives his wage in a manner or in circumstances indicating that he is so loitering with a view to recover any debt from such workman; or

(2) molests. or abets the molestation of any such workman for the recovery of a debt owned by him to his creditor shall be punishable with imprisonment which may extend to 6 (six) months and with a fine upto five thousand rupees or with both.

4. Offences Under This Act To Be Cognizable And Non-Bailable:- Notwithstanding anything contained in lthe Code of Criminal Procedure, 1973 (Act 2 of 1974) offences punishable under this Act shall be cognizable and non-bailable.