THE ASSAM PHYSICALLY HANDICAPPED PERSONS (EMPLOYMENT IN FACTORIES) ACT, 1986

{
    "id": 2552,
    "slug": "the-assam-physically-handicapped-persons-employment-in-factories-act-1986",
    "title": "THE ASSAM PHYSICALLY HANDICAPPED PERSONS (EMPLOYMENT IN FACTORIES) ACT, 1986",
    "short_title": "The Assam Physically Handicapped Persons (Employment in Factories) Act, 1986",
    "act_number": "",
    "act_year": 1986,
    "act_type": "STATE",
    "location": "Assam",
    "law_status": "valid",
    "enactment_date": null,
    "description": "The Assam Physically Handicapped Persons (Employment in Factories) Act, 1986",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "An ACT",
            "chapter": null,
            "content": "An Act\nTo secure employment to physically handicapped persons and provide for matters connected\ntherewith.\nIt is hereby enacted in the Thirty-Seventh Year of the Republic of India as follows: —",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "1",
            "title": "Section 1(1)",
            "chapter": null,
            "content": "1 (1) This Act may be called the Assam Physically Handicapped Persons (Employment in\nFactories) Act, 1986.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "1",
            "title": "Section 1(2)",
            "chapter": null,
            "content": "(2) It extends to the whole of the State of Assam.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "1",
            "title": "Section 1(3)",
            "chapter": null,
            "content": "(3) It shall come into force at once.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "1",
            "title": "Clause 1(4)(a)",
            "chapter": null,
            "content": "(4) (a) It shall apply in the first instance to\n(i) Every existing factory where five hundred or more workers are working or were working on any\nday of the twelve months immediately preceding the commencement of the Act;\n(ii) Every new factory where five hundred or more workers are working.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "1",
            "title": "Clause 1(4)(b)",
            "chapter": null,
            "content": "(b) The State Government may, after giving two months notice of the intention of so doing, by\nnotification in the Official Gazette, apply the provisions of this Act to other factories where such\nlesser number of workers are working as specified such notification;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "1",
            "title": "Clause 1(4)(c)",
            "chapter": null,
            "content": "(c) It shall apply to a factory belonging to or managed by any Government except the Central\nGovernment, if such factory is a factory referred to in clause (a) or in the notification issued under\nclause (b).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "1",
            "title": "Clause 1(4)(d)",
            "chapter": null,
            "content": "(d) A factory to which this Act applies under clause (a) or (b) shall continue to be governed by this\nAct notwithstanding that the number of workers working therein falls below the number specified\nin clause (a) or in the notification issue under clause (b).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 70
        },
        {
            "number": "2",
            "title": "Section 2",
            "chapter": null,
            "content": "2 In this Act, unless the context otherwise requires: —",
            "footnote": "",
            "is_definition": true,
            "sort_order": 80
        },
        {
            "number": "2",
            "title": "Section 2(a)",
            "chapter": null,
            "content": "(a) “Certifying Surgeon” means a Certifying Surgeon appointed under Section 10 of the Factories\nAct, 1948; (63 of 1948)",
            "footnote": "63 of 1948",
            "is_definition": true,
            "sort_order": 90
        },
        {
            "number": "2",
            "title": "Section 2(b)",
            "chapter": null,
            "content": "(b) “Existing Factory” means a factory existing on the commencement of this Act;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 100
        },
        {
            "number": "2",
            "title": "Section 2(c)",
            "chapter": null,
            "content": "(c) “Inspector” means an Inspector appointed under Section 8 of the Factories Act, 1948; (63 of\n1948)",
            "footnote": "63 of 1948",
            "is_definition": true,
            "sort_order": 110
        },
        {
            "number": "2",
            "title": "Section 2(d)",
            "chapter": null,
            "content": "(d) “New Factory” means a factory in which the manufacturing process is commenced at any time\nafter the commencement of this Act;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 120
        },
        {
            "number": "2",
            "title": "Section 2(e)",
            "chapter": null,
            "content": "(e) “Person Registered as Physically Handicapped” means a physically handicapped person whose\nname is registered with an employment exchange;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 130
        },
        {
            "number": "2",
            "title": "Section 2(f)",
            "chapter": null,
            "content": "(f) “Physically Handicapped Person” means a person who, on account of any deficiency, injury,\ndisease or congenital deformity, is substantially handicapped in obtaining or keeping employment,\nor in undertaking work on his own account, of a kind which but for such deficiency, injury, disease\nor deformity would be suited to his age, experience and qualifications;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 140
        },
        {
            "number": "2",
            "title": "Section 2(g)",
            "chapter": null,
            "content": "(g) “Prescribed” means prescribed by rules made under this Act;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 150
        },
        {
            "number": "2",
            "title": "Section 2(h)(i)",
            "chapter": null,
            "content": "(h) (i) The word “employment exchange” shall have the meaning assigned to it in the Employment\nExchanges (Compulsory Notification of Vacancies) Act, 1959; (31 of 1959)",
            "footnote": "31 of 1959",
            "is_definition": true,
            "sort_order": 160
        },
        {
            "number": "2",
            "title": "Section 2(h)(ii)",
            "chapter": null,
            "content": "(ii) Other words and expressions used but not defined in this Act shall have meanings respectively\nassigned to them in the Factories Act, 1948. (63 of 1948)",
            "footnote": "63 of 1948",
            "is_definition": true,
            "sort_order": 170
        },
        {
            "number": "3",
            "title": "Section 3(1)",
            "chapter": null,
            "content": "3 (1) Every occupier of an existing factory to which this Act applies shall allocate such number\nof vacancies for employment of persons registered as physically handicapped, as is not less than\none half per cent or such higher per cent not exceeding one as may be prescribed of the number of\nworkers so working.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 180
        },
        {
            "number": "3",
            "title": "Section 3(2)",
            "chapter": null,
            "content": "(2) Where an occupier has under sub-section (1), allocated a number of vacancies, such occupier\nshall not, at any time, take or offer to take into his employment any person other than a person\nregistered as physically handicapped till all the vacancies so allocated are filled.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 190
        },
        {
            "number": "3",
            "title": "Section 3(3)",
            "chapter": null,
            "content": "(3) Nothing in sub-section (2) shall supply to taking of offering to take into employment any person\nrequired by: —\n(a) An agreement to reinstate such person in his employment entered into before the\ncommencement of this Act; or\n(b) An Act whether passed before or after the Act; or\n(c) Any judgement, decree or order of a court.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 200
        },
        {
            "number": "3",
            "title": "Section 3(4)",
            "chapter": null,
            "content": "(4) Every occupier of a new factory to which this Act applies shall give employment to such\nnumber of persons registered as physically handicapped, as is not less than one half per cent of the\nworkers to be employed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 210
        },
        {
            "number": "3",
            "title": "Section 3(5)",
            "chapter": null,
            "content": "(5) Whenever this Act applies to an existing of new factory the occupier thereof shall allocate such\nnumber of vacancies for employment of persons registered as physically handicapped as is not less\nthan one half percent of the number of workers so working and thereupon the provision of sub-sections (2) and (3) shall so for as may be, apply.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 220
        },
        {
            "number": "3",
            "title": "Section 3(6)",
            "chapter": null,
            "content": "(6) In determining the number of vacancies for employment of persons registered as physically\nhandicapped under sub-section (1) or sub-section (5) and the number of persons registered as\nphysically handicapped to be employed under sub-section (4), a fraction equal to or exceeding half\nshall be counted as one and a fraction less than half shall be ignored.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 230
        },
        {
            "number": "4",
            "title": "Section 4. Conditions for employment of physically handicapped persons",
            "chapter": null,
            "content": "4 No physically handicapped person shall be employed under Section 3 unless —\n(a) He is an adult;\n(b) His name is registered at any employment exchange in the State; and\n(c) A certificate of fitness granted under Section 5 is in the custody of manager of the factory.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 240
        },
        {
            "number": "5",
            "title": "Section 5(1)",
            "chapter": null,
            "content": "5 (1) ‘A’ Certifying Surgeon shall, on an application of a person registered as physically\nhandicapped accompanied by a document signed by the manager of a factory that such person will\nbe employed therein if certified to be fit for work in the factory or on an application of the manager\nof the factory in which the person registered as physically handicapped wishes to work, examine\nsuch person and ascertain his fitness for work in a factory;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 250
        },
        {
            "number": "5",
            "title": "Section 5(2)",
            "chapter": null,
            "content": "(2) ‘A’ Certifying Surgeon after examination may grant to the person registered as physically\nhandicapped a certificate of fitness to work in the prescribed forms:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 260
        },
        {
            "number": "5",
            "title": "Proviso to Section 5(2)",
            "chapter": null,
            "content": "Provided that the Certifying Surgeon shall not grant certificate under this sub-section unless he has\npersonnel knowledge of the place where the person registered as physically handicapped person is\nto be employed and of the manufacturing process in which he is to be employed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 270
        },
        {
            "number": "5",
            "title": "Section 5(3)",
            "chapter": null,
            "content": "(3) ‘A’ Certifying Surgeon may revoke any certificate granted under sub-section (2) if in his\nopinion the holder of it is no longer fit to work in the capacity stated therein in a factory.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 280
        },
        {
            "number": "5",
            "title": "Section 5(4)",
            "chapter": null,
            "content": "(4) Any fee payable for the certificate under this section shall be paid by the occupier not be\nrecovered from the person registered as physically handicapped.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 290
        },
        {
            "number": "6",
            "title": "Section 6. Records to be maintained by occupier",
            "chapter": null,
            "content": "6 Every occupier to whom Section 3 applies shall maintain a record in such form as may be\nprescribed, of particulars showing the number of persons employed by him, the number of person\nregistered as physically handicapped employed by him and the names of such persons and such\nother particulars as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 300
        },
        {
            "number": "7",
            "title": "Section 7. Powers and duties of Inspectors",
            "chapter": null,
            "content": "7 Subject to any rules made by the State Government, in this behalf, an Inspector may, within the\nlocal limits for which he is appointed —\n(a) Enter at all reasonable times, accompanied with such persons in the service of the Government\nas he thinks fit, any place which is used or which he has reason to believe is used as a factory;\n(b) Make such examination of records and take on the spot or otherwise evidence of any person as\nhe may deem necessary, for carrying out the purposes of this Act; and\n(c) Exercise such other powers as may be prescribed for carrying out the purposes of this Act:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 310
        },
        {
            "number": "7",
            "title": "Proviso to Section 7",
            "chapter": null,
            "content": "Provided that no one shall be required under this section to answer any question or to give any\nevidence tending to incriminate himself.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 320
        },
        {
            "number": "8",
            "title": "Section 8. Occupier and manager to produce records, etc. for inspection",
            "chapter": null,
            "content": "8 Every occupier and in his absence the manager shall on demand produce for inspection by an\nInspector all records required to be kept under and for the purposes of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 330
        },
        {
            "number": "9",
            "title": "Section 9. Offences by occupier or manager",
            "chapter": null,
            "content": "9. If any occupier or manager —\n(a) Fails to employ under Section 3 persons registered as physically handicapped;\n(b) Contravences provisions of Section 4; or\n(c) Fails to maintain records required under Section 6; or\n(d) Wilfully obstructs an Inspector in the exercise of his powers or discharge of his duties under this\nAct or fails to produce for inspection on demand by an Inspector any records maintained in\npursuance of the provisions of this Act or the rules made thereunder or to supply to him on demand\ntrue copies of any such records;\nhe shall be punishable with imprisonment which may extend to six months or with fine which may\nextend to one thousand rupees of with both.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 340
        },
        {
            "number": "10",
            "title": "Section 10. Penalty for using false certificate of fitness",
            "chapter": null,
            "content": "10. Whoever knowingly uses or attempts to use as a certificate of fitness granted to himself under\nSection 5, a certificate granted to another person under that section or who, having procured such a\ncertificate, knowingly allows it to be used or an attempt to use it to be made, by another person,\nshall be punishable with imprisonment for a term which may extend to one month or with fine\nwhich may extend to one hundred rupees or with both.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 350
        },
        {
            "number": "11",
            "title": "Section 11. Cognisance of offences",
            "chapter": null,
            "content": "11. No court shall take cognisance of any offence under this Act, except on a complaint by, or with\nthe previous sanction in writing of an Inspector.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 360
        },
        {
            "number": "12",
            "title": "Section 12",
            "chapter": null,
            "content": "12. No suit or other proceedings shall i.e. against the State Government or any officer or employee\nof the State Government or any officer or employee of the State Government for anything which is\nin good faith done or intended to be done in pursuance of this Act or any rules made thereunder.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 370
        },
        {
            "number": "13",
            "title": "Section 13(1)",
            "chapter": null,
            "content": "13. (1) The State Government may, by notification in the Official Gazette, make rules for carrying\nout the purposes of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 380
        },
        {
            "number": "13",
            "title": "Section 13(2)",
            "chapter": null,
            "content": "(2) In particular and without prejudice to the generality of the foregoing power, such rules may\nprovide for all or any of the following matters namely: —\n(a) The form in which a certificate of fitness to work to be granted by a Certify in Surgeon under\nsub-section (2) of Section 5;\n(b) The form in which an occupier shall maintain a record and the other particulars to be shown in\nsuch form;\n(c) The rule subject to which an Inspector may exercise his powers and perform his duties under\nSection 7 and the other powers to be exercised by an Inspector under clause (c) of Section 7; and\n(d) Any other matter which is to be or may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 390
        },
        {
            "number": "13",
            "title": "Section 13(3)",
            "chapter": null,
            "content": "(3) The power to make rules conferred by this section shall be subject to the condition of the rules\nbeing made after previous publication.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 400
        },
        {
            "number": "13",
            "title": "Section 13(4)",
            "chapter": null,
            "content": "(4) All rules made under this section shall be laid for not less than thirty days before the State\nLegislature as soon as possible after they are made and shall be subject to rescission by the State\nLegislature or to such modifications as the State Legislature may make during the session in which\nthey are so laid or the session immediately following.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 410
        },
        {
            "number": "13",
            "title": "Section 13(5)",
            "chapter": null,
            "content": "(5) Any rescission or modification so made by the State Legislature shall be published in the\r\nOfficial Gazette, and shall there upon take effect. A. RAHMAN,\r\nSecretary to the Govt. of Assam, Legislative Department.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 420
        }
    ],
    "metadata": {
        "Act ID": "198600",
        "Act Number": "",
        "Enactment Date": "",
        "Act Year": "1986",
        "Short Title": "The Assam Physically Handicapped Persons (Employment in Factories) Act, 1986",
        "Department": "Legislative Department",
        "Type": "STATE",
        "Location": "Assam"
    },
    "updated_at": "2026-09-29 21:55:17"
}