The Industrial Disputes (Arunachal Pradesh Amendment) Act, 2020

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The Arunachal Pradesh Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY No. 197 Vol. XXV|ll Nahartag!n Tuesday September 21 2421 Bhadta 30, 1943 (Saka) GOVERNl\,IENT OF ARUNACHAL PRADESH LAW LEGISLATIVE AND JUSTICE DEPARTIV]ENT CIVIL SECRETARIAT ITANAGAR

NOTIFICATION The 2tst September, 202j

No. Lawllego-22t2A20.- The follawing Act which was passed by the fifth session ot the seventh LegislativeAssembly ofArunachal pradesh and rec€ived the assent of the president of lndia is hereby published forgeneral information.

(Received the assent of the president of lndia on 24.08.2021) THE INDUSTRIAL DISPUTES (ARUNACHAL PRADESH AMENDMENT)ACI 2O2O (ACT No.11 OF 2021)

Act further, to amend the lndustrial DisputesAct, i 7(Cent.atAct14of1947),asinforce in the State ofArunachal Pradesh.

BE it enacted by the Legistative Assembly ofArunachat pradesh in the Seventy{irst Year of the Republrc of lndra, as follows

(Aru nachal Pradesh Ameodment) Act 2020.

1. (2) lt shall be deemed to have come into force with effect from 1|4th Juty.2OZO.

Act 14 of 1947) as in force in the State of Arunachal pradesh (herejnafter referred to as the principalAct"):

1. (i) In sub-section (3) for the words ,,three years,.. the words ,one year, shall be substituted i
2. (ii) After sub-seclion (3). ihe foltowing sub-section sha be inserted. namety : '(4) Notwithstanding anything contarned in sub_sectrons (t), (2) and (3), no such dispute ordifference between that workman and his employer connected with, or arisingoutof such discharge, dism issal, retrenchment or te.m ination shall be deemed to be an industrial dispute if such dispute is not raised before conciliation officer within a period of one year from the date of such discharge, dismissal, retrenchment or termination Provided that an authonty as may be specjfied by the State Government may condone the delay beyond such penod of one year if the applicant workman satisfies the Authority that he had sufficient cause for not raising the dispute within the period of the one yeal'.

the expression 'fifteen days', the expression,.iorty five days, shall be substituted.

For sectton25K of the principalAct the following section shall be substituted, namely 2 The Arunachal Pradesh Extraordlnary Gazete September2l 202.1 '25K. ApplicaUon of Chapter V-B : (1) The provisions of this chapter sha appty to an industnal establishment (not belng an establishment of a seasonal character or in which work is performed only ntenn ttenly) tn which not less than three h undred workmen were employed on an average per working day for the preced ng twelve months. (2) Without prejudice lo the provisrons of sub-section (.j ), the State Government may, if satisfled that maintenanc€ of industrjalpeace or prevention of victimization of workmen so req uires, by notification in the Official cazette apply lhe provisions of this Chapter to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittenfly) in which such number of workmen which may be less than three hundred but not less than one hundred, as may be spectiied in the notification, were employed on an averaqe perworking day for the preceding twelve months. (3) lf a questron ariseswhetheran ndustrral establrshment s oia seasonal characteror whelher work is performed therern oniy interm ttently the decision of the State Government thereon shall be final' Amendment of section 25N : ln section 25N of the principa lAct. in sub-section (9) for the expression "fifteen days", the expression 'forty f ve days shall be substituted Amendmentofsection250:lnsecton250oftheprincipalAct in sub_section (g). for the exp.ession "fifteen days". the expressron ,,forty Iive days,, shall be subshtuted. lnsertion of section 3'1A ; After section 31 of the princ palAct the following section shall be inserted name{y "3'1A. Compounding of offences (1) Any offence punishable undersections 25e,2SR, 25-U.26 27 28. 29 30A and su b-sectrons (t ) and (2) of section 31 may, ejther before or after the institution of the prosecution, on an application by the alleged offender, be compounded bysuch officerofauthority astheState Government may, by notification in the Official Gazette, specify in this behalffor such amount as specified in the Table below TABLE Sect on Compostion amount SL No (1) \2J (3) 1 25Q 25 days wages lasl drawn by each workman 2 60 days wages last drawf by each workman 3 25U (i) By each workman { 150 perdaybut noi exceeding { 3000 in aggregatel (ii) By employer 1300 per day bul not exceedrng the amount tn aggregale as shown b,clow : Number of workmen employed n lhe Arnounl nol exceed ng rnd Lr stry 11050 t7000 51 lo 100 101 to 500 { 15.000 More than 500 26 (i) tln3000caseinofaggreqateillegal strike I 150 per by each workman bLrt not exceeding (1 ) ln case of llegal lock-out I 300 per day by an emptoyer but not exceeding the amount n aggregale as shov/n below Number of workmen employed rn the nd!stry Amoufll not exceed ng 1to50 17.000 51 lo 100 { t0 000 101 lo 500 I 15 000 I$ore than 500 I 20000 5 21 ard 28 As per seclLon 26 above for legal strke and lockout { 200 per day tn respect ol each of the workman 30A 25 days wages last drawn by each workman { 10 000 I 20000 The Arunachal Pradesh Extraordinary Gazette, September 21, 2021 3 (1) t,2) (3) I 31(1) workmen employed rn lhe industry oflence 11o50 a lr 00c { 15 000 { 20 000 51 Io 100 I 20 000 i 25000 101 io 500 a 20 000 I 30 000 I!4ore than 5C0 I 30 000 I :5 000 I 40 000 (i) For each workman. for ihe first offence I j000 { 15 000 { 25,000 I 32 12) for the second offen I 2000 and for the thrd offence a 30OO (rr) For Employer 1tc50 a I500 13000 { 6000 51 lo 100 4 3000 4 6000 i 10000 101 lo 500 14000 18000 { 15000 lVore than 500 45000 I 10000 t 20000 Provided that the State Government may. by notilication in the Official cazette amend the composition amount speclfied in above Table Provided further that the offence commrtted of the same nature shallbe compoundable only for the ftrst lhree offences Provtded also that such offences shallbe compo!nded only afterthe alleged offender has acted to the satisfaction of such officer or authority that such offence is n;t contrnued any fu(her (2) where an ofFence has been compounded under sub-section (.1), no further proceedings shall be taken the offender rn respect of such offence and the offender ii ln custody, shall be discharged . lnsertion of section 36C : Afler section 36B of the principal Act. the following sectton shall be inserted, namely : E '36C. Power to exempt new industries Whelethe State Government is satisfied in retation to any new industrial establishment of new undertaking or class of new public interest to do so. it may, by notiiication in the Official Gazette, exempt, conditionally or unconditionally, any such new establishment or new undertaking or class of new est;blishments or new unde(akings from all or any of the provisions of thisAct for a period of one thousand days from date of establishment of such new industrial establishment or new undertaklng or class of new establishmeni or new undertakings. as the case may be, . ,new Explanation : Forthe purpose ofthis section the expressron rndustrial establishment or new undenaking or class few industlal establishments or new undertakings, means such industrlal establishmenl or undertaking or class of industrial establi;hment or undedakings which are established within a pelod of one thousand days after the commencement of The lndustrlal Disputes (Arunachal pradesh Amendment) Ordrnance, 2020. Onit Panyang tAS Corrmissioner to the Government of Arunachal pradesh Itanagar. Fub ished af{:i pr nte,l LLawi'r 00+Secy iLab by Drectorale of Prinlrng Nahanag!n-370/202j ouo -100-9-2021 DoP'250+Secy.lLA)-50+Commtssioner

2 The Arunachal Pradesh Extraordlnary Gazete September2l 202.1

'25K. ApplicaUon of Chapter V-B : (1) The provisions of this chapter sha appty to an industnal establishment (not belng an establishment of a seasonal character or in which work is performed only ntenn ttenly) tn which not less than three h undred workmen were employed on an average per working day for the preced ng twelve months.

1. (2) Without prejudice lo the provisrons of sub-section (.j ), the State Government may, if satisfled that maintenanc€ of industrjalpeace or prevention of victimization of workmen so req uires, by notification in the Official cazette apply lhe provisions of this Chapter to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittenfly) in which such number of workmen which may be less than three hundred but not less than one hundred, as may be spectiied in the notification, were employed on an averaqe perworking day for the preceding twelve months.
2. (3) lf a questron ariseswhetheran ndustrral establrshment s oia seasonal characteror whelher work is performed therern oniy interm ttently the decision of the State Government thereon shall be final' Amendment of section 25N : ln section 25N of the principa lAct. in sub-section (9) for the expression "fifteen days", the expression 'forty f ve days shall be substituted Amendmentofsection250:lnsecton250oftheprincipalAct in sub_section (g). for the exp.ession "fifteen days". the expressron ,,forty Iive days,, shall be subshtuted. lnsertion of section 3'1A ; After section 31 of the princ palAct the following section shall be inserted name{y "3'1A. Compounding of offences (1) Any offence punishable undersections 25e,2SR, 25-U.26 27 28. 29 30A and su b-sectrons (t ) and (2) of section 31 may, ejther before or after the institution of the prosecution, on an application by the alleged offender, be compounded bysuch officerofauthority astheState Government may, by notification in the Official Gazette, specify in this behalffor such amount as specified in the Table below TABLE Sect on Compostion amount SL No
3. (1) \2J (3) 1 25Q 25 days wages lasl drawn by each workman 2 60 days wages last drawf by each workman 3 25U (i) By each workman { 150 perdaybut noi exceeding { 3000 in aggregatel
   • (ii) By employer 1300 per day bul not exceedrng the amount tn aggregale as shown b,clow : Number of workmen employed n lhe Arnounl nol exceed ng rnd Lr stry 11050 t7000 51 lo 100 101 to 500 { 15.000 More than 500 26 (i) tln3000caseinofaggreqateillegal strike I 150 per by each workman bLrt not exceeding (1 ) ln case of llegal lock-out I 300 per day by an emptoyer but not exceeding the amount n aggregale as shov/n below Number of workmen employed rn the nd!stry Amoufll not exceed ng 1to50 17.000 51 lo 100 { t0 000 101 lo 500 I 15 000 I$ore than 500 I 20000 5 21 ard 28 As per seclLon 26 above for legal strke and lockout { 200 per day tn respect ol each of the workman 30A 25 days wages last drawn by each workman { 10 000 I 20000 The Arunachal Pradesh Extraordinary Gazette, September 21, 2021 3
4. (1) t,2) (3) I 31(1) workmen employed rn lhe industry oflence 11o50 a lr 00c { 15 000 { 20 000 51 Io 100 I 20 000 i 25000 101 io 500 a 20 000 I 30 000 I!4ore than 5C0 I 30 000 I :5 000 I 40 000 (i) For each workman. for ihe first offence I j000 { 15 000 { 25,000 I 32 12) for the second offen I 2000 and for the thrd offence a 30OO (rr) For Employer 1tc50 a I500 13000 { 6000 51 lo 100 4 3000 4 6000 i 10000 101 lo 500 14000 18000 { 15000 lVore than 500 45000 I 10000 t 20000 Provided that the State Government may. by notilication in the Official cazette amend the composition amount speclfied in above Table Provided further that the offence commrtted of the same nature shallbe compoundable only for the ftrst lhree offences Provtded also that such offences shallbe compo!nded only afterthe alleged offender has acted to the satisfaction of such officer or authority that such offence is n;t contrnued any fu(her
5. (2) where an ofFence has been compounded under sub-section (.1), no further proceedings shall be taken the offender rn respect of such offence and the offender ii ln custody, shall be discharged . lnsertion of section 36C : Afler section 36B of the principal Act. the following sectton shall be inserted, namely : E '36C. Power to exempt new industries Whelethe State Government is satisfied in retation to any new industrial establishment of new undertaking or class of new public interest to do so. it may, by notiiication in the Official Gazette, exempt, conditionally or unconditionally, any such new establishment or new undertaking or class of new est;blishments or new unde(akings from all or any of the provisions of thisAct for a period of one thousand days from date of establishment of such new industrial establishment or new undertaklng or class of new establishmeni or new undertakings. as the case may be, . ,new Explanation : Forthe purpose ofthis section the expressron rndustrial establishment or new undenaking or class few industlal establishments or new undertakings, means such industrlal establishmenl or undertaking or class of industrial establi;hment or undedakings which are established within a pelod of one thousand days after the commencement of The lndustrlal Disputes (Arunachal pradesh Amendment) Ordrnance, 2020. Onit Panyang tAS Corrmissioner to the Government of Arunachal pradesh Itanagar. Fub ished af{:i pr nte,l LLawi'r 00+Secy iLab by Drectorale of Prinlrng Nahanag!n-370/202j ouo -100-9-2021 DoP'250+Secy.lLA)-50+Commtssioner