The ASSAM HANDICRAFT ARTISANS WELFARE FUND ACT, 1998
Registered No. - 768/97

##### The Assam Gazette

###### ~~'i
 EXTRAORDINARY
 m~~~~~
 PUBLISHED BY AUTHORITY

<l\ 7 NXr9fl, ~' 21st iSil"£~1Sft, 1999, 1 ~. 1920 (~)

No. 7 Dispur, Thursday, 21st January, 1999, 1st Magha, 1920 (S.E.)

GOVERNMENT OF ASSAM

\ ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT: LEGISLATIVE

'

BRANCH

NOTIFICATION

The 21st January, 1999

No. LGL.68/98/20 : The following Act of the Assam Legislative

Assembly which received the assent of the Governor is hereby published for
general information.


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THE ASSAM GAZETTE, EXTRAORDINARY, JAN 21, 1999 25

###### ASSAM ACT NO. VII OF 1999
 (Received the Assent of the Governor on 18th January, 1999

THE ASSAM HANDICRAFT ARTISANS WELFARE

FUND ACT, 1998.

AN
ACT

to provide for the constitution of Fund to grant relief to, to

promote the welfare of, and to pay pension to Handicraft Artisans
in the State of Assam and for other matters connected thereto.

Preamble. Whereas it is expedient to provide for the constitution of Fund
to grant relief to, to promote the Welfare of, and to pay pension to
Handicraft Artisans in the State of Assam and for certain other
matters connected thereto:-

###### It is hereby enacted in the Forty-ninth Year of the Republic of

India as follows:-

Short title, 1. ( 1) This Act may be called the Assam Handicraft Artisans
extent and Welfare Fund Act, 1998.
commence-
ment. (2) It extends to the whole of Assam.

(3) It shall come into force on such date as the Government
may, by notification in the Official Gazette, appoint, and
different dates may be appointed for different provisions of
this Act.

Definitions. 2. In this Act, unless the context otherwise requires,-

(a) "Board" means the Assam Handicraft Artisans Welfare Fund

Board constituted under section 6;

(b) "Chief Executive Officer "means the Chief Executive Officer

appointed under sub-section (1) of section 9;

(c) "Handicraft products " means, -

(i) cane products,

(ii) bamboo artistic products,

(iii) wood curving/Decorative Furniture ,

(iv) drift crafts( Craft made of Tree rods and branches),

(v) brass Metal,

# '


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26 THE ASSAM GAZETTE, EXTRAORDINARY, JAN 21, 1999

(vi) gold smith/Silver smith,

(vii) terracotta/Earthen ware,

(viii) pith craft,

(ix) decorative Textile (Loem loom I shuttle loom),

(x) doll and toy making,

(xi) jute crafts,

(xii) stone curving,

(xiii) sital pati,

(xiv) paper crafts,

(xv) bhawna dress (dress used for Theater),

(xvi) bead crafts,

(xvii) paper machine,

(xviii) embroidery,

(xix) mask making,

(xx) mirijum,

(xxi) carpet making,

(xxii) laisengphee,

(xxiii) grass/leaf work,

(xxiv) decorative item made of plaster of paris/ cements,

(xxv) decorative item made of any other media;

(d) "Handicraft Artisans" means any person who has engaged
himself for production of Handicrafts items or any person
who is employed for wages to produce the Handifraft products
and includes any person employed by any non-Government
organisation, co-operative society or through any other agent


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THE ASSAM GAZETTE, EXTRAORDINARY, JAN 21 , 1999 27

and depends mainly on Handicrafts Industries for his livelihood
and whom the Government may, by notification in the Official
Gazette, from time to time declare to be Handicraft .1\rtisan
for the purposes of this Act;

Explanation:- If any question arises as to whether a person is or is

not a Handicraft Artisans for the purposes of this Act, the
matter shall be referred to the Advisory Committee constituted
by the Government.

(e) "Government" means Government of Assam;

(f) "Director of Industries" means Director of Industries for the

State of Assam;

(g) "Contribution" means the sum of money payable to the Fund

under section 4 ~

(h) "dealer" means any person who is engaged in the business of

purchase, sale or storage for sale of any Handicraft products,                      -

but does not include a Handicraft Artisan who sells or stores
for sale, the Handicrafts by himself;

(i) "family" means the husband, wife and their children;

"Fund" m~an s the Handicraft Artisans Welfare Fund,

established under section 3;

(k) "Artisans" means a person who engaged himself to any of

the Handicraft products;

(1) "member" means a member of the Fund;

(m) "person" includes a company, a firm, an association of

individuals, Non-Governmental Organisations or a Co-
operative Society, registered or deemed to be registered under
the Assam Co-operative Societies Act, 1949;

(n) "employer" means any person who directly employes

wheather on behalf of himself or for any other person one or

more Handicrafts Artisans to produce any Handicraft product;

(o) "prescribed" means prescribed by rules made under this Act;

(p) "Producer of Handicraft Products" means a person who carries

on the business of producing Handicraft products for export
or for internal marketing;


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:1

28 THE ASSAM GAZETTE, EXTRAORDINARY, JAN 21, 1999

(q) "Schedule" means the schedule to this Ac~;

(r) "Scheme" means a scheme framed under this Act;

(s) "Year" means the financial year;

(t) "board" means the Handicraft Arti~s Wel:fiire Fun.d Board
constituted under section 6.

Handicraft 3. ( 1) The Government may, by notific<!ltion in t~official Gazette,
Artisans frame a scheme to be called the Assam Handicraft Artisans

Welfare Welfare Fund Scheme for the establishment of a Fund under
Fund this Act for the welfare of the Handicraft Artisans engaged in
Scheme. the Handicraft Industry and there shall be established as soon

as may be after the framing of the Scheme a Fund in
accordance with the provisions of this Act and the Scheme.

(2) There shall be credited to the Fund-

(a) the contribution specified in section 4;

(b) the amount borrowed by the Board under section 1 O;

(c) damage realised under section 19;

(d) grants or loan or advances made by the Government of India

or the State Government or any other institutions;

I

~ '

(e) any donations from any other SPl}1:.CGS;

(f) any amount raised by the Board from other sources to augment

the resources of the Board;                        -

(g) fee levied under the scheme; "

(h) any other amount which, under the pf(~wisions of the Scheme

shall be credited to the Fund;                         -

\.

(3) The Fund shall vest in, and be aciminist~red by the Board J

constituted under section 6.                         - ·· · · . · ~

###### •

( 4) The Fund may be utilised for all or any of the following
purposes, namely:-

(a) For payment of pension -


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THE ASSAM GAZETTE, EXTRAORDINARY, JAN 21, 199929

(i) to a member who is unable to work due to old age or infirmity
or who has completed the age of sixty years;

(ii) to a person who before the commencement of this Act
was a Handicraft Artisan and completed the age of sixty years

or who suffers from permanent disablement and is out of
employment;

(b) for payment of family pension to the spouse of the deceased
member;

(c) for payment of financial assistance to member who suffers
from permanent or temporary disablement;

(d) for payment of loans or grants to a member to meet the day to

day expenses during off seasons or to meet expenses for the
marriage of children or for expenses in connection with disease

or death of dependents or for expenses in connectiion with
the education of children or for expenses for construction or
maintenance of houses;

(e) to provide maternity benefits to women Artisans engaged in
Handicraft Industry who are not eligible for such benefits
under any other law for the time being in force;

(f) to provide for distress relief to the family of any member
affected by natural calamities and epidemics;

(g) to provide for the Handicraft Artisans and their family
mambers-

(i) medical facilities;

(ii) nurseries and creches;

(iii) education, vocational training and facilities for pa.it time
employment;

(iv) or any other facilities specified in the Scheme.

(5) Subject to the provisions of this Act, the Scheme framed under ~I
sub-section (1) may provide for all or any of the matters i1
I
spedified in sub-section ( 4) and in the Schedule. 'I

(6) The Scheme be laid as soon as may be after it is framed,
before the Legislative Assembly while it is in session for a


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30 THE ASSAM GAZETTE, EXTRAORDINARY, JAN 21, 1999

total period of fourteen days which may be comprised in one

session or in two or more successive session and if before the

expiry of the session in which it is so laid or the session
immediately following, the Legislative Assembly makes any
modification in the Scheme the Scheme shall thereafter have
effect only in such modified form so that any such modification
shall be without prejudice to the validity of anything previously
done under the Scheme.

**Contribu-** 4. (1) Every Handicraft Artisan shall contribute to the Fund one
**tion to the** rupee each per month.

**Fund.**
(2) Every employer other than Handicraft Co-operative Society
or Non-Governmental Organisation shall in respect of each
Handicraft Artisans, contribute to the Fund two rupees per
month.

(3) Every Handicrafts Co-operative Society or Non-Governmental
Organisation which employes Handicraft Artisans shall in
respect of each handicraft Artisans contribute to the Fund one
rupee per month.

Explanation :-For the purpose of sub-sections (2) and (3) Handicrafts

Co-operative Society means a society registered or deemed
to be registered under the Assam Co-operative Societies Act,

1949 and the Rules made thereunder and Non-Governmental

Organisation means an organisation registered or deemed to
be registered under the Societies Registration Act, 1860
(Central Act No. XXI of 1860) which is engaged to work to
produce Handicraft products.

(4) The Government shall contribute to the Fund every year an
amount equal to twice the amount contributed by the
Handicraft Artisans, or a maximum of Rs. 10.00 lakhs (Rupees

Ten Lakhs) by way- of grant, which ever is less.

(5) Every producer of Handicraft product and every dealer shall
contribute to the Fund an amount equal to one percent of
their sale proceeds in a year.

(6) The contribution shall be paid to the Chief Executive Officer

or to any officer of the Board authorised by the Board in this

behalf.

###### r (7) Where the amount of any contribution payable under this Act,

involves a fraction of rupee, the Scheme may provide for the
rounding off of such fraction to the next nearest rupee.


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THE ASSAM GAZETTE, EXTRAORDINARY, JAN 21, 1999 31

Modification 5. ( 1) The Government may, by notification in the Official Gazette

oftheScheme. add to, amend or vary the Scheme either prospectively or
retrospectively.

(2) Every notification under sub-section ( 1) shall be laid as soon
as may be, after it is issued before the Assam Legislative
Assembly while it is in session for a total period of fourteen
days which may be comprised in one session or in two or
more successive sessions and if, before the expiry of the
session in which it is so laid or the session immediately
following, the Legislative Assembly agrees in making any
modification in the notification or decide that the notification
should not be issued, the notification shall thereafter have
effect only in such modified form or be of no effect as the
case may be so, however that any such modification or
annulment shall be without prejudice to the validity of
anything previously done under that notification.

Constitution 6. (1) The Government may, by notification in the Official Gazette
of the Board constitute with effect from such date as may be specified
therein, a Board to be called the "Handicraft Artisans Welfare
Fund Board" for the administration of the Fund and to
supervise or carry out the activities financed from the Fund.

(2) The Board shall be a body corporate by the name aforesaid

having perpetual succession and a coinmon seal and shall by
the said name sue and be sued.

(3) The Board shall consist of such number of Directors not

exceeding fifteen in number, as may be appointed by the
Government and they shall be chosen in such manner as may
be prescribed :

Provided that seventy-five percent of the number of
the Director shall be from amongst Handicraft Artisans,
Handicraft Co70perative Societies and Non-Governmental
Organisation dealing with Handicrafts and the remaining shall
be repressented by Government.

(4) Seven person appointed by the Government amongst the .
Handicraft Artisans.

(b) Four persons representing Co-Operative Society and Non-
Governmental Organisation.                     -

( c) Four offical appointed by the Government shall· be Officer

###### ..

not below the rank of Joint Director, or equivalent


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32 TIIB ASSAM GAZEITE, EXTRAORDINARY, JAN 21 , 1999

representing, Industries Department, Finance Department,
Labour Department, Government undertaking Corporation
dealing with Handicrafts and Handloom, Department.

(5) One of the members of the Board shall be appointed by the
Government to be its chairman.

(6) The Government shall publish in the Official Gazette the
names of all the Directors of the Board.

(7) The Board shall administer the Fund vested in it in such
manner as may be specified in the Scheme.

(8) The Board may, with the previous approval of the Government
delegate to the Chairman or to any Director of the Board or
to the Chief Executive Officer, such of its powers and
functions under this Act or the Scheme as it may consider
necessary for the efficient administration of the Fund, subject

to such restrictions and conditions, if any, as it may specify.

**Terms of** 7. (1) A Director appointed under sub-sction (3) of section 6 shall
**Office of** hold office for a period of three years.

**Directors.**

(2) Notwithstanding anything contained in section 8, the
Government may at any time, for reasons to be recorded in
writing, remove from office any Director of the Board after
giving him a reasonable opportunity of showing cause against
the proposed removal :

Provided that it shall not be necessary to record in
writing the reason for the removal or to give an opportunity
###### of showing cause against the proposed removal if the
Government is of the opinion that it is not expedient in the
public interest to record the reason in writing or giving such
opportunity.

(3) Any Director may resign his membership by giving notice in
writing to the Government but shall continue in office untill
his resignation is accepted by the Government.

**Removal of** 8. ( 1) The Government may, by notification in the Official Gazette

**non-official** remove any non-official Director of the Board from office -

**Directors.**

(a) if he has, without the permission of the Board, been absent
from the meeting of the Board for three consecutive mcetiugs:


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###### Tiffi ASSAM GAZETTE, EX1RAORDINARY, JAN 21, 1999 33

Provided, however, that such absence may be condoned

by the Board before the publication of the notification in the
Official Gazette;

(b) if he, in the opinion of the Government is unsuitable or has
become incapable of acting as a Director or has so abused his
position as a Director detrimental to the public interest :

Provided that before removing a Director under this
sub-section, he shall be given an opportunity of being heard

as to why he shall not be removed.

(2) A non,official Director of the Board removed under Clause

(a) of sub-sction (1) shall be disqualified for reappointment
as a Director of the Board for a period of three years from the

date of his removal unless otherwise ordered by the
Government.

(3) A non-official Director of the Board removed under clause
(b) of the sub. section (1) shall not be eligible for re-
appointment until! he is declared by an order of the Givernment
to be no longer ineligible.

... **Appoint-** 9.(1) The Government may appoint a Chief Executive Officer and
**ment of** such number of other officers and staff as they considered
**officer and** necessary to assits the Board in the discharge of its functions
staff. and duties under the Act.

(2) Subject to the provision of sub-section (3), the method of
appointment, salary and allowances, discipline and the other
conditions of Service of the Chief Executive Officer and the

other officers and staff appointed under sub-section ( 1) shall

be such as may be prescribed.

(3) In the case of posts in the Service under the Board to which

appointment is made by direct recruitment -

(a) fifty percent shall be reserved for appointment from
candidates belonging to the families of Handicraft Artisan
and

(b) fifty percent shall be filled in accordance with the procedure
laid down in the rules as may be prescribed.

**Power of** 10. The Board may, from time to time with the previous approval

**the Board** of the Government subject to such terms and conditions as

**to borrow.** may be specified by the Government, borrow money for the
purpose of the Schemes.


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###### 34 THE ASSAM GAZEI'IE, EXTRAORDINARY, JAN 21, 1999

I **Determina-** **11.( 1) The Chief Executive Officer or any other officer authorised**
###### L tion of by the Board in this behalf may, after making such enquir)' as

**amount due.** may be necessary and after giving every; person liable lo pay

contribution under section 4 an opportunity of being heard,
by order, determine the amount due from every employer or
dealer or producer of Handicraft products under the provi:::ic1t 1:::

of this Act or the Scheme.

(2) The officer conducting the enquiry under sub-section (I ),
shall for the purpose of such enquiry, have the same powec;

as are vested in the Civil Court while trying a suit under the
Code of Civil Procedure, 1908 (Central Act 5 of 1908) in
respect of the following matters, namely :

(a) enfc1cing the attendance of any person and examini11g.
himono1th;
(b) requ . ·ing the discovery and production of documents;

( c) recei., ing evidence on affidavit;

(cl) issui ·1 g commissions for the examination of wi thncss c ~;.

(3) Any enq 1iry under this section shall be deemed to be a judicial
proceedi r g within the meaning of section 193 and 228 of the

IndiaPe11, 1i Code (Central Act45of1860) and for the purpu;;e

of sectic 1.· 196 of the said Code.

( 4) Any per: 1 in aggrieved by an order under sub--section ( 1) u w y,

within ti i rty days from the date of receipt of the on lcr, pre i er

an appe< I to the Director of Industries or an officer not beluw

the rank : f Joint Director authorised by him in this behalf and
Direct01 )f Industries or the officer authorised by him l:nay

 - I : ~ after .maJ: ng such enquiry pass st1ch order therco11 as he ti 1 inks

l fit.

(5) The Gm 1' rnment may either suo-motu or an applicati<m rtwJe

by any i ggrieved person, call for the records uf any
proceed :igs taken by the Director of Industries, or the officer

authorisl :L by him under sub-section ( 4) and make such cnqu iry

and pas~ , such orders as they deem fit:

. I Pt :ivided that an application for revision under this ~ub  -
I sections flll be made within thirty days from the date on wh idi

the orcl ras communicated to the applicant :

h wided further that no order shall be passed und1A

this Sul-section without giving the person who may be
affected there by an opportunity of being heard.


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TI-IE ASSAM GAZETTE, EXTRAORDINARY, JAN 21, 1999 35

Provisional 12. ( 1) Every employer or dealer or producer of Handicraft products

assessement liable to pay contribution under section 4 shall,pending

and collec- determination under section 11 of the amount due from him,

tion of pay on or before the 5th day of every month an amount

contribution. equivalent to one twelfth of the amount payable annually by

him according to the latest determination under the said
section.
(2) The contribution for a month due from a Handicraft
Artisan shall become payable on or before the 5th day of the
succeeding month.
(3) Where the contrubution is not paid on or before the
due date the Chief Executive Officer or any officer of the
Board authorised by it in this behalf shall issue a notice to the
defaulter showing the amount of arrears and if the amount is
not paid within fifteen days of the receipt of such notice, it
may be recovered in the same manner as an arrear of Land
Revenue due on Land.
(4) The amount paid under sub-section (1) by an
employer or dealer or producer of Handicraft products shall
be for a year.

Mocleof 13. Any amount due from the Handicraft Artisans employers

recovery of dealers and producers of Handicrafts products in persuance

money. of the provisions of this Act, or the Scheme may if the amount
is in arrears, be recovered in the same manner as an arrear of
land Revenue due on land.

Priority of 14. Where any employer of dealer or producer of Handicraft
payment of products liable to pay contribution under section 4 is
contribution adjudicated as insolvent or in case such employer or dealer or
over other producer of Handicraft products is a company, an order for
debts. winding up is made the amount due from such employer or

dealer and producer of Handicraft products under this Act or
the Scheme shall, where the liability therefore has accrued
before the order of adjudication or winding up is made, be
deemed to be included among the debts which under section
64 of the Insolvency Act, 1955, (Central Act 2 of 1956) or
under section 530 of the Companies Act 1956, (Central Act 1
###### of 1956) are to be paid in priority to all other debts in the
distribution of the property of the insolvent or the assets of
the company being wound up, as the case may be.


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36 THE ASSAM GAZETTE, EXTRAORDINARY, JAN 21, 1999

Employer · 15. No employer or dealer or producer of Handicraft products
not to re<luce ·

shall by reasons only of his liability for the payment of any

wages etc.

contribution to the Fund reduce whether directly or indirectly
the wages of any Handicraft Artisan to whom the Scheme
applies or the total quantum of benefits to which the Handicraft

Artisans is entitled under the terms of his employment express

or implied.

Director of [16. ] Every Director of the Bpard, the Chief Executive Officer and
the Board              - other officers and members of the staff of the Board appointed
etc. to be under sub-section ( 1) of section 9 shall be deemed to be a
public

public servent within the meaning of section 21 of the Indian

servants.

Penal Code, (Central Act 45 of 1860).

Penalty. 17. ( 1) Whoever, for the purpose of avoiding any payment

to be made by himself under this Act, or under the Scheme or
###### of enabling any other person to avoid such payment
knowingly makes or causes to be made any falSe Statement
or false representation, shall be punishable with imprisonment
for a term which may extend to three months or with fine
which may extend to five hundred rupees or both.

###### •

(2) Whoever contravenes or makes default in complying

with any of the provisions of this Act or of the Scheme shall,

if no other penalty is elsewhere provided by or under this Act

such contravention or non-compliance, be punishable with
imprisonment for a term which may extend to two months or
with fine which may extend to four hundred rupees or both.


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THE ASSAM GAZETTE.          - EXTRAORDINARY. JAN. 21, 1999, 37

(3) No Court, inferior to that of a Judicial Magistrate of

the first class, shall try any offence punishable under this
Act.

(4) No Court shall take cognizance of any offence

punishable under this Act except on a·report in writing of the
facts constituting such offence made with previous sanction
of Chief Executive Officer.

                                                                                                                        -

Offences by 18. (1) Where an offence under this Act has been

companies. committed by an company, every person, who at the time
when the offence was committed, was in charge of, and was
responsible to the company for the conduct of the business
###### of the company as well as the company, shall be deemed to
be guilty of the offence and shall be liable to be proceeded
against and punished accordingly.

Provided that nothing contained in this sub-section shall

render any such person liable to any punishment, if he
proves that the offence was committed without his
knowledge or that he had excercised all due diligence to
prevent the commission of such offence.

c

(2) Notwithstanding anything contained in sub-section

( 1) above where any offence under this Act, has been
committed by a company and it is proved that the offence has
been committed with the consent or connivance of or is
attributable to any neglect on the part of any officer of the
company, such officer of the company shall be deemed to be
guilty of that offence and shall be li able to be proceeded
against and punished accordingly.

Explanation :- For the purpose of this section :

(a) "Company" means any body corporate and includes a

firm, Co-operative Society or other Association of
Individuals, Non-Governmental Organisations.

(b) "Officer of the Company" means Managing Director,

Director, Managing Agent, Secretary, Treasurer or Manager
of the Company and includes the office bearers of a fim1 or
Co-operative Society or other association of individuals and
Non-Governmental Organisation.


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###### 38 THE ASSAM GAZETTE. EXTRAORDINARY. JAN. 21. 1922

Power to . 19. Where any person makes default in puyment of uny

. rec(n•er ... . . contribution to. the Fund under this Act, or the Scheme, the

damages. Board may recover from him cfamages, not exceeding twenty

###### five percent of the amount of arrear as they may think fit to impose.

Protection 20. No suit or other legal proceedings shall be filed

###### ror ucts done against any Director of the Board or any other person in
In good rutth. respect of anything, which is in good faith done or intended

###### to be done under this Act, or under the Scheme.

                          - Direction 21. (1) The Government may, after consultation with the
by the Board, give to the Board general direction to be followed by
Government. the Board.

###### (2) In the exercise of the powers and performance of its
 duties under this Act, the Board shall not depart from any general direction issued under sub-section (1) except with the previous permission of the Government.

Power to 22. (1) The Government may, at any time, appoint any
order person to inquire into the working of the Board and submit a
enquiry. report to the Government.

###### (2) The Board shall give the person so appointed all
 facilities for the proper conduct of the inquiry and furnish to him such documnents, accounts and information in the possission of the Board as may be required.

i>ower to 23. (1 ). If on consideration of the report under section 22 or
supers do otherwise, the Government are of opinion that the Board has
the Hoard persistently defaulted in the implementation of the

###### programme or the performance of duties imposed by it by or under the provisions of this Act or the Scheme or has exceeded or abused its powers, the Government may, by notification in the Official Gazette, supersede the Board for such period hot exceeding six months as may be specified in the notification :

 Provided that before issuing a notification under this

.... sub-section, the Government shall give a reasonable

###### opportunity to the Board to show cause as to why Donrd should not be superseded and shall consider the explanation

 ·and objections, if any, of the Board.
 r

1·


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THE ASSAM GAZETTE. EXTRAORDINARY. JAN. 21. 1999, 39

(2) Upon the publication of a notification under
sub-section (1).                       -

(a) all the Directors of the Board shall, as from the date
###### of such publication, vacate their offices as such Directors ;

(b) all powers and duties, which may be exercised or
performed by the Board shall, during the period of
supersession be exercised or performed by such officer or
officers as may be specified in the notification,

(c) all funds and other properties vested in the
Government.

(3) On the expiration of the period of supersession
specified in the notification issued under sub-section (1) the
Government shall reconstitute the Board in the manner
provided in Section 6.

Audit of 24. (1) The Government shall appoint auditors to audit
Accounts or the accounts of the Board.
the Board and
remuneration (2) The Board shall pay to the said auditors such
of Auditors. remuneration, as the Government may direct.

(3) The accounts of the Board shall be examined and
audited once in every year by such auditors.

Annual 25. (1) The Annual Report of the Board shall be
Report, prepared under the direction of the Board and after approval
Audited State- by the Board, a copy of the report shall be submitted to the
ment of

Government before the end of July every year.

Accounts.

(2) The Government shall, as soon as the annual report
is received, cause the same together with the audited
statement of the accounts to be laid on the floor of Assam
Legislative Assembly.

Bar of Juris- 26. No civil court shall have jurisdication to settle,
diction of decide or deal with any question or to determine any matter
Civil Court. which is by or under this act or the scheme required to be
settled, decided or dealt with or to be determined by the
Government or the Board or Director of Industries or any
officer authorised by the Director of Industries or the Chief
Executive Officer or any officer authorised by the Board.


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40 THE AS SAM GAZETTE, EXTRAORDINARY, JAN. 21. 1999

Special 27. Notwithstanding anything contained in any other law
provision fo r for the time being in force, on the date of publication of this

tra nsfer of

Act in the Official Gazette, the sums standing to the credit of

accumul a tion

a member in any welfare fund established either by any Law

from welfare

or agreement shall stand transfen-ed to and credited to the

funds esta-

Fund established under this Act and the liability of such

blished by
any Acts or member to pay contribution to such welfare fund shall cease ·
Ag r eement. from such date.

            - emoval of 28. (1) If any difficulty arises in giving effect to the
difficulties. provisions of this Act, the Government may as occasion may

require, by order, do anything not inconsistent with this Act
or the rules, which appears necessary for the purpose of
removing the difficulty.

(2) Every order made under sub-section (1) shall be laid
before the State Legislative Assembly.

Power to 29. (1) The Government may by notification in the

make rules . Official Gazette, make rules either prospectively or
reprospectively for the purpose of carrying into effect the
provisions of this Act.

(2) All rules made by the State Government under this

Act shall, as soon as may be, after they are made •. be laid

before the Assam Legislative Assembly, while it is in
session, for a total period of not less then fourteen days,
which may be comprised in one session or in two or more
successive sessions, and shall, unless some later date is
appointed, take effect from the date of their publication in the
Official Gazette subject to such modifications or annulments
as the Legislature may, during the said period agree to make,
so however, any such modification or annulment shall be
without prejudice to the validity of anything previously done
thereunder.


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THE ASSAM GAZETTE. EXTRAORDINARY, JAN. 21, 1999, 41

SCHEDULE

[SEE SECTION 3 (1)]

MA TIERS FOR WHICH PROVISIONS MAY BE MADE

IN THE SCHEME :

(1) Registration of Hadicraft Aitisans, employers,

producers of Handicraft products and dealers;

(2) The time and manner in which contribution shall be
made to the Fund by Handicraft Artisans, employer,
producers of Handicraft products and dealers and by or on
behalf of Handicraft Artisans, the contributions which a
Handicraft Artisan may make under section 4 and the
manner in which such contribution may be recovered;

(3) The manner in which the Handicraft Artisans,
contributions may be recovered by the employers;

(4) The constitution of any committee for assisting the
Board;

(5) The manner in which accounts shall be kept, the
investment of money belonging to the Fund in accordance
with any directions issued or conditions specified by the
Government, the preparation of the budget, the audit of
accounts and the submission of reports to the Government;

(6) The form in which a Handicraft Artisan shall furnish
particulars about himself and his family whenever required ;

(7) The nomination of a person to receive family pension
###### of a member on his death and the cancellation or variation of
such nomination ;

(8) The Registers required to be maintained with respect
to Handicraft Artisans and the returns to be furnished by the
employer;

(9) The forms or design of any identity card,taken or
formulated for the purpose of identifying any member of the
Fund and for issue, custody and replacement thereof;

(10) The fees to be levied for any of the purpose specified

in the schedule ;


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##### . ~ [! --=·


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42 THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 21, 1999

(11) Further powers, if any, which may be exercised by
the officers apoointed under the Act ;

(12) The manner in which the sums transferred under
section 27 to be brought and credited to the Fund;

(13) The purposes for which the Fund may be utilised
for the welfare of Handicraft Artisans, or their dependents ;
(14) The procedure for defraying the expenditure
incurred in the administration of the Fund ;

(15) The procedure for paying pension, family pension,

(16) Any other matter which is to be provided for in the
Scheme or which may be necessary or proper for the
purpose of implementing the Scheme.                     -

M. K. DEKA,
Secretary to the Govt. of Assam, ~-.~ \· '-

Legislative Department. j;· . ,;· ·

( .~ f1, ,I"'!

'
'
###### "

GUW AHA TI- Printed & published by the Dy. Director (P&S), Dir0ctorate of Ptg. and
Sty., Assam, Guwahati-21 (Ex-Gazette) No. 13-500-600-21-1-99.

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