The ASSAM PRIVATE PLACEMENT AGENCIES FOR RECRUITMENT OF WORKERS (REGULATION) ACT, 2019

Registered No.-768/97 THE ASSAM GAZETTE ~~ct EXTRAORDINARY ett~<lS~~~~ ~ PUBLISHED BY THE AUTHORITY ~~ 381 1iTxt~, 1~' 4~, 2019, 13 ~, 1941~) No. 381 Dispur, Wednesday, 4th September, 2019, 13th Bhadra, 1941 (S.E.) GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT ::: LEGISLATIVE BRANCH NOTIFICATION The 4th September, 2019 No. LGL. 198/201817.- The following Act of the Assam Legislative Assembly which received the assent of the Governor on 26th August, 2019 is hereby published for general information. ASSAM ACT NO. X OF 2019 (Received the assent of the Governor on 26th August, 2019) THE ASSAM PRIVATE PLACEMENT AGENCIES FOR RECRUITMENT OF WORKERS (REGULATION) ACT, 2019 1724 THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 4, 2019 AN ACT to provide for the regulation of Private Placement Agencies operating their business orwilling to commence their business intke State of Assam for recruitment of workers and for matters connected therewith or incidental thereto. Preamble Whereas it is expedient to provide for the regulation of Private Placement Agencies operating their business or willing to commence their business in the State of Assam for recruitment of workers and formatters connected therewith or incidental thereto; It ishereby enacted inthe Seventieth Year of the Republic ofIndia as follows :- Shorttitle,extent l. (1) This Act may be called the Assam Private Placement and. Agencies for Recruitment of Workers (Regulation) Act, commencement 2019. (2) Itextends to the whole of Assam. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. Defmitions 2. (1) In this Act, unless the context otherwise requires- (a) "Appellate Authority" means an Officer of the State Labour Welfare Department, Government of Assam not below the rank of Secretary to the Government of Assam to hear appeal under this Act; (b) "Controlling Authority" means Labour Commissioner, Assam or any other Officer of the State Labour Welfare Department, Government of Assam to be notified specifically for the purpose of this Act; Assam Act (c) "Establishment" means an Establishment as defined No21of under section 2(8) of the Assam Shops And 1974 Establishments Act, 1971; (d) "Government" means the Government of Assam; (e) "Inspector" means the Inspector appointed under section 7; (t) "License" means a license granted under section 5; (g) "Notification" means a Notification published in the Official Gazette; (h) "prescribed" means prescribed by rules made under this Act; (i) "Private Placement Agency" means a person or body of THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 4,2019 1725 persons other than a Government Agency, Department or Organization engaged in the business of providing / supplying unskilled, semi-skilled, skilled and highly skilled workers to any person, Establishment, Government Department, Semi-Government Department and Government Undertaking and Semi-Government Undertaking within the State of Assam or in any other State of India or outside India; (j) "Women" means a woman as defined under section 10of No.45 of 1860 the Indian Penal Code, 1860. (k) "Worker" means a person engaged, through Private Placement Agency, to do any unskilled, semiskilled, skilled and highly skilled works, which term shall also include Domestic Workers; (2) The words "unskilled", "semi-skilled", "skilled" and "highly skilled" respectively, used in this Act shall mean and imply the same meanings to the said terms as determined by the Government, by order, from time to time. (3) Words and expressions used in this Act and not defined shall have the same meanings as defined under any other corresponding law for the time being in force. .., Appointment of -'. The State Government shall, by Notification inthe Official Gazette the Controlling appoint the Labour Commissioner, Assam to be the Controlling Authority Authority forthepurpose ofthisAct. Persons orPrivate 4. No person or Private Placement Agency shall carry out or placement commence the business of Private Placement Agency, unless he Agency notto holds aLicense issuedunderthisAct: operate without Provided thata PrivatePlacement Agency which came into License existence before the commencement of this Act, shall obtain a License as required under this Act within 90 (Ninety) days of the commencement ofthisAct. Application for 5. (J) Every application forGrant ofLicense under section 4shall Grant of and be insuch form and manner as may be prescribed and shall Renewal of be accompanied by fee ofrupees Two Thousand and Bank License Guarantee ofrupeesFive Lakh only. (2) Controlling Authority may make such inquiry in respect of 1726 THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 4, 2019 the application received under sub-section (1) and for making such inquiry, the Controlling Authority shall follow suchprocedure asmay be prescribed. (3) A License shall be issued on such terms and on such conditions asmay beprescribed. (4) A License issued under this section shall remain valid for a period of one year and may be renewed from time totime on payment of such fees and on such condition as may be prescribed. Cancellation 6. (1) If the Controlling Authority is satisfied either on the and Suspension reference made tohim inthisbehalf orotherwise, that- of License (a) a license issued under section 4 has been obtained by misrepresentation orsuppression ofmaterial facts,or (b) the license holder has, without reasonable cause-failed to comply with the conditions of license or contravened any oftheprovisions ofthisAct or rules made thereunder, then, without prejudice to any other penalty which the holder of the license is liable under this Act, the Controlling Authority may, after giving the holder of the license a reasonable opportunity of being heard by an order, in writing, revoke the license and forfeit the bank guarantee furnished under sub-section Cl) of section 5 by him or any part thereof and communicate the order to the holder of the license provided that where the Controlling Authority considers itnecessary so to do for special reasons, he may, pending such revocation or forfeiture, byorder, suspend the License for such period as may be specified in the order and serve, by registered post, such order on the holder of theLicense. (2) Subject to any rules, that may be made in this behalf, the Controlling Authority may vary or amend a License issued under thisAct. Appointment of 7. (1) The State Government shall, by Notification in the Inspectors Official Gazette,- (a) appoint the Officers of the Labour Welfare Department not below the rank of Labour Officer as Inspector for the purpose of this Act; and Cb) defme the limit within which an Inspector shall exercise the powers conferred on him by or under this Act. Every Inspector shall be deemed to be a public servant within No.45 of 1986 the meaning of section 21 of the Indian Penal Code. .. THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 4,2019 1727 (2) Every Inspector appointed under this section shall be subject to the control of the Labour Commissioner-cum Controlling Authority. Powers of 8. Subject to any rules made in this behalf: an Inspector may, Inspectors within the local limits for which he is appointed,- (a) enter at all reasonable hours, with such assistance, if any, of persons in the service of the Govemment or any local or other public authority as he thinks fit, any premises or office of the Private Placement Agency, for the purpose of examining any register or record or notices required to be kept or exhibited by or WIderthis Act, and require the production thereof for inspection; (b) examine any person whom he finds in any such premises or place and whom he has reasonable cause to believe, is a worker employed or engaged by the Agency, therein; (c) seize or take copies of such register, record of wages or notices or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by the Private Placement Agency; and (d) exercise such powers as may be prescribed. Appeal 9. (1) Any person aggrieved by an Order of the Controlling Authority, made under section 5 or 6, may prefer an appeal, in such form and manner as may be prescribed, against the Order to the Appellate Authority within a period of 30(Thirty) days of the date of receipt of such Order: Provided that an appeal may be admitted after the expiry of the said period of 30 (thirty) days if the appellant satisfies the Appellate Authority that he was prevented by sufficient cause from preferring the appeal within the aforesaid period; (2) Before disposing of an Appeal, the Appellate Authority shall give the Appellant a reasonable opportunity of being heard. (3) Every Appeal under this section shall be disposed of within 3months from the date of its filing. 1728 THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 4, 2019 Function and 10. (1) The Private Placement Agency shall furnish the Duties of Private details of employment of worker to the Controlling Placement Authority within 7(Seven) days from the· date the Agency worker has been employed within or beyond the boundaries of the State of Assam in the form and manner as may be prescribed. (2) No Private Placement Agency shall employ, engage or deploy any worker, if he / she is below 18(Eighteen) years of age. (3) Every Private Placement Agency shall display a signboard outside its office showing the name of Private Placement Agency and its License Number. (4) Every Private Placement Agency shall maintain a register containing the names, sex, permanent and corresponding address, photos, nature of work and other details of workers, who are engaged by it, as may be specified through Government notifications from time to time and also names and addresses of person and establishment and other details, where the workers have been employed in the form and manner as may be prescribed. (5) Every Private Placement Agency shall ensure safe travel to and from place of work to the residence of the worker. (6) Every Private Placement Agency shall ensure payment of Government notified minimum wages vis-a-vis the scheduled employment applicable in the State where the worker IS deployed through individual bank account of the worker. (7) Other functions and duties' of Private Placement Agencies shall be such, as may be prescribed from time to time by the Government. Punishment for 11. (1) Any person who contravenes the provisions of section contravention of 4 of this Act shall be punishable with imprisonment certain provisions for a term which may extend to 7(seven) years or fine which may extend to one lakh or both. (2) Any person who contravenes the provisions of section 10 or any of the rules made under this Act or any of the condition of License, shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to fifty thousand rupees or with both; (3) No court shall take cognizance of any offence punishable under this Act except on a complaint - THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 4,2019 1729 (i) made by the Controlling Authority appointed under this Act, or (ii) made by an Inspector appointed under this Act; (4) No court inferior to that of a Judicial Magistrate of the first class shall try any offence punishable under this Act; Limitation 12. No court shall take cognizance of an offence punishable under this Act unless the complaint thereof is made within 3 (three) months from the date on which the alleged commission of the offence came to the knowledge of the Controlling Authority or (he Inspector, as the case may be. Application of 13. The provisions of the Code of Criminal Procedure, 1973 No.2of Code ofCriminal relating to any search or seizure shall be applicable to any search 1974 ~, 1973 or seizure made under thisAct. Act in addition to 14. This Act shall be in addition to and not in derogation to any other any other Laws Jawfor the time being inforce. Powers to make 15. (I) The State Government may, by notification to be published Rules in the Official Gazette, make rules for carrying out the provisions ofthisAct. (2) In particular and without prejudice to the generally of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the form and manner in which the License is to be issued under sub-section (1) of section 5; (b) the inquiry to be conducted under sub-section (2) of section 5; (c) terms and conditions subject to which such License isto be issuedunder sub-section (3) ofsection 5; (d) fees and conditions of renewal under sub-section (4) of section 5; (e) cancellation and suspension ofLicense under section 6; (f) the form and manner of appeal under sub-section (IXa) of section 9; (g) functions & duties of the Inspectors appointed under section 7 ; (h) other functions and duties of Private Placement Agencies under section 10;and (i) any other matter which may be necessary to achieve the objects of this Act. 1730 THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 4, 2019 Suit and 16. No suit, prosecution or other legal proceeding shall lie against Proceedings Controlling Authority, Inspector or any other authority under this Act in respect of anything done or intended to be done in good faith, under the Act. Offences to be 17. All the offences under this Act shall be cognizable and non- cognizable and bailable. non-bailable. Power of 18. Ifany difficulty arises ingiving effect to the provisions of this Act, interpretation the State Government may, by order, published in the Official and removal of Gazette, make such provisions not inconsistent with the provisions difficulties. of this Act, as may benecessary for removing the difficulty: Provided that no such order shall be made after expiry of a period of two y~ from the commencement of this Act. S. M. BUZAR BARUAH, Commissioner & Secretary to the Government ofAssam, Legislative Department, Dispur, Guwahati-6 Guwahati :-Printed and Published by the Dy. Director, Directorate of Printing &Stationery, Assam, Guwahati-21. Ex. Gazette No. 761 - 300 + 10-04 -09 -2919. (visit at--dpns.assam.gov.in)