The Assam Shramik Bahini ACT, 1959
No.LJL.48/59~ -The following Act of the Assam Legislative Assembly
which rec eh ed the assent of the President, is hereby published for general
information.

Received the assent of the President on the 18th June 1960

ASSAM ACT No.XXIV OF 1960

THE ASSAM SHRAMIK BAHINI ACT, 1959

_· :; -,_ (As passed ~by the Assembly)

'

~· [Published in the Assam _Gazette;_ Extraordinary, dat~d the 22nd June 1960]

~ '
_An_

_Act_

_to_ _provide for_ _the formation and working_ _of Shramik Bahini._

WHEREAS it is considered necessary to enthuse
the spirit of voluntary · co-pperation and dignity of
labour among the people resident in t'be State of

A~~am, .


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AND WHEREAS it is expedient to provide for the

formation of voluntary associations of the workers and
for their registration, for better <ind more regular sup-
ply of labour for execution of developmental works ;

AND WH E REAS it is expedient to create such "cir-

cumstances as may enable the people of' Assam to earn
a good portion of the developmental txpenditure incur-
red by the State of Assam, in the manner hereir.aher
appearing:

It is hereby enacted i11 the Tenth Year of the
Republic of India as follows :-

PRELIMINARY

Short title, **1, (1)** This Act m ay be called the Assam

CJ1:tent and

Shramik Bahini Act, 1959.

cornmence-

men r.

(2) It shall exte11d to the whole of the Stale

of Assam.

(3) It shall come into force at once.

Definition. 2. In this Act, unles3 there is anything rl'pugnant

**in** the subject or context :-

(1) "Nayak" means the Nayak of the Shramik

Bahini under Section 4.

**(2)** "President" means the President of the

Shramik Bahini under Section 4.

(3,D "Prescribed'' means prescribed by rules
made under this Act.

( 4) "Chief Engineer" means an Officer hold-

ing the po~t of Chief Engine'er, Public

Works Department, Assam under both
(Roads and Buildings) and (Flood Con-
trol and Irrigation Wings) which in-

clud~s Additional Chief Engineers of
both the Wings.

(5) "Regulation" means the regulation made
under Section 31 of the Act.


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(6) "Shramik" means a person who is not

below the age of 18 years and is a resi-
dent of the State of Assam and desirous
of putting in his labour in any project,
undertaking or contract work to earn
his living or to supplement his income.
(7) "Shramik Bahini" means a voluntary
association of Shramiks for the purpose
of putting in manual labour in any
project, undertaking or work of the

State Government, or any other Statutory
body or Local Authority.
(8) "Tender" is a formal offer for service,
especially for execution of work or
supply of materials, submitted in res-
ponse to a notice issued by competent
authority, containing terms and condi-

tions of service to be rendered.

1[(9) ] ["Appropriate ][authority" ][in ] [connection ][with ]

,,. any work on a contract basis with the-
(a} State Government means the Govern·

ment Qf Assam
(b) Statutory body · means the Statutory

body; and
_(c)_ Local authority means the Local
authority.

CONSTITUTION OF SHRAMIK BAHINI
Mode . of 3, (1) Any twenty-five, or more Shramiks(.in an

~h m  - ~ g are~ may, by individually signing application rn the

8 [~f.bir::t ] prescribed form and by otherwise complying with the

        - provisions of this Act in respect of registration associate
and form themselves into a Shramik Bahini.       -

(2) The application under sub-section (I)
shall specify one of the applicants as the convenor of
the Sbramik Bahini.

4. (1) lmmediat~ly after a Shramik Bahini ia

registered under the provisions of this Act, a
meeting of the members of the Shramik Bahini
shall be convened by the convenor to elect from

      - mongst its mernbe~s an Executive Committee. The
rneeting shall be held at such da te, time and place
as the convenor may notify in this respect.

(2) The Executive Committee shall consist of
not less than five and not more than seven members
from whom one shall be "elected as the Presidr·nt and
the other as the Nayak.

(3) The Executive Committee shall sit at least
once in two months.

( 4) The term of the office of the Pr'esiden t, the

Nayak and members of the Executive Committee shall
be one year


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!uinual meet_ 5. (1) An annual meetiP-g of the Shramik Bahioi

sn~~ik the shall be held in the beginning of every fmancial

Bahini. year for the purpose of:-

(a) reviewing the activities of the Shramik Bahini
during the current year ;

_(b)_ considering the monetary position of the

Shramik Bahini ;

_(c)_ deciding how incomes are to be distributed

in accordan cc with the provisions of this
ActJ

_(d)_ electing the Executive Committee for the uext

year;

_(e)_ considering the <innual accounts of the Shramik

Bahini; and

###### (f) considering such other business as may be
placed before the meeting in accordance
with the regulation.

(2) Ordinary general meeting shall be held as

often as found necessary for transacting the business
of the Shramik Bahini but must be held at least

once in six months.

REGISTRATION OF A SHRAMIK BAHINI

#### . . ly. · ~'"-5'?

11 Reg1stermg . . 6. The Chief Engineer or any officer not below

###### . t· f- I ' ' autbonty the Shramik of t. h e ~an k . o f an E ' xecutl\le · E ng ine· ~ r e_mpowere cl . y b

~f. , \ ,, Bahini. him m this behalf, shall he the regtstcnng authority

1

'>, ·. f -~ J of the Shramik Bahini.

\ ~ ' Appli~ation 7. Every application for registration of a Shramik

        - f<;>r reg1stra- Bahini shall be made to the Chief Engineer or to the

tion. officer not below the rauk of an Executive Engineer
empowered by him in this behalf in a statemfnt

containing the following particulars ; namely:-·

_(a)_ the names, occupation and addresses of the
Shramik members making the application ;

_(b_ _)_ the name of the Shramik Bahini and the

address of its office which may be situated
at the residence of the Nayak or President
or any other place considered suitable by
the Shramik Bahini.
_(_ I .

\ . . _l_ )" . <""--~ 1

~c;giitratiou. 8. The1Ch1ef E11gmee.r or the . officer not below

###### } ,\ ! the rank of ·a.n · Executive Engineer empowered

##### . 't' \."' tll . { ( "• by him iri this behalf !on being satisfied that the

Shramik Bahini had complied with the requ'ire-

_v_ ments of this Act, in regard to registration, shall,


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register the Shramik Bahini by entering in a register,
to be maintained in such form as may be prescribed,
the particulars relating to the Shramik Bahini as con·
tained jn the statement submitted for- registration.

Evi?encc; of , ~ 9. The Chief Engineer or the officer not below

regtstration~ t.1e Y ran k o f an E xecutive · E ngmeer · empowere d

b,.. ~-il ,' by him in this behalf, on registering a Shramik
###### pl' ;, 1 Bahini under Section 8 shall issue a certificate of
 ~ ~ ¢'1,._... registration in the prescribed form which shall be
 '$:.\ti ' conclusive evidence that the Shramik Bahini has been
duly registered under this Act.

FUNCTIONS AND DUTIES OF SHRAMIK

BAHINI

Functi?ns of ~ (1) The function of a Shramik Bahini shall

S~r!lm1k Ba· be to do any work with their own manual lab .:mr on
him. b . . h h S G

###### J/f?·a contract as1s wit t e tate overnment O.r...J!DY- ..

_f_ ~. l/R",      - other statutory body or other local authority, provided

~y.. ,-      - that the Shramik Bahini may employ any ,skilled

labour as and when it may deem fit and proper.

(2)~The appropriate authority may, as and when
considered necessary, allot work of any kind the value
of which does not exceed Rs.40,000 to a Shramik
Bahini for its execution without calling for tender
at scheduled rate on receipt of an application from a
registered Shrarnik Bahini.

(3) The Nayak or any other member whom the
Executive Committee may select in this behalt, shall

         - behalf of the Shramik Bahini, enter into contract
with the appropriate authority for taking U!l any work
under sub-section (2) and shall sign any document
or do such other thing as will be necessary in this
respect.

Expenditure. 11. The Shramik Bahini shall bear the expenses

necessary for the management of its affairs such as :-

(a) expenses necessary for registration and for

the maintenance of the Shramik Bahini
office, ,

(b) actual travelling expenses of the members
of the Executive Committee when perform-
ing their duty under the provisions of this
Act, and

(c) such other incidental expenses as will be
necessary for performing any other duties
by the Shramik Bahini.


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Sharing of 12. (I) The net income of the Shramik Ba hini

income.
after deducting expenses for the management of the
affairs of the Shramik Bahini and payment of skilled
laLour, if any, shall be divided among the Shramiks,

_/Jro_ _rata,_ that is proportionately on the basis of work
put in.

(2) The Shramik Bahini may set apart an
amount not exceeding 10 per cent. of the total net
income, if it so desires, to constitute a Reserve Fund
of such Ba hini.

RIGHTS AND LIABILITIES OF SHRAMIK

MEMBERS

Votes of 13. Each Shrarnik member shall have one vole

Shramik only as a member in the affairs of the Shramik Bahini.

members.

Addrm of 14. The Shramik Bahini shall have an address

the Shramik registered under the provisions of this Act lo which ai I
Bahini · notice~ · an d communications ·        - may b · e sent, and s 1a 1 11

send to the r:hief Engineer or any officer empowered
by him in this ht:half, notice of every change thereof.
A Copy of 15. The Shramik Bahini shall keep copy of this
ti ct,
on 8 [Rt ]o [egulba-]e [ Act ]l . [and ] [Regulations ]d' [govt:rning ]d [such ] [Shramik ]. [Bahini ].
opened to in- anc its prccee mgs an account~ opeu to mspect10n

spcction. by any person authorised in this behalf by the appro-
priate authority free of charge at all reasonable
times at the registered address of the Shramik Bahini •

. The ~h.ra- J 6. I'he registration ol a Shrarnik Bahini render
DlJbekboBaJhrm t~ it a body corpor~te by the name under which. it is

'Y cor . d . l . d         - 1
porate. reg1stere w llh perpctua succession au wa 1 power
to hold property to enter into contracts, to institute
and defend suits and other legal proc1 edings aud t.>
do all things necessary for the purpose of its constitu·
tion.
Shares 17. Subiect to the provisions of this Act the inte-

intert'st n~~ rest of a Shramik in the capital funds of a Shramik

liable to atta- Bahini shall not be liable to attachment or sale
chmcnt. under any decree or order of a Court of J usticc i11

respect ol any debt or liability incurred by such a
Shramik individually.

13. Tlie Shrarnik Bahini r.hall be paid at least

90 per cent of the value of the work executed by it
within every fourteen dayti from the date of commen-

cement of the work.
Transfer of 19. (1) On the d ea th of a Sbramii, member the
interest on Shramik Bahini may transkr tlit; shares or interest of
death of a b
Shramik the deceased Sbramik mern er to the person uomi- .

membei:. nated in accordance will1 the rules made iu this
behalf or, if there is no person so nominated, to such
person as may ::.ppear to the Executive Committee to
be the heir, or legal represetctative of the deceased

Shramik member, or pay to such nominee, heir or
re;:>resentative, as the case may be, a sum representing


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the value of such Shramik me mber's share or interest,
as ascertained in accordance with the rules or regula·
tions:

Provided that such nominee, heir or legal rrprese-n-

tative, as the case may be, may require p :1y ments
by the Shramik Bahini of the value of the shares
or interest of the deceased Shramik member ascer-
tained as aforesaid.

(2) The Shramik Bahini may pay all other moneys

due to the deceased Shramik member from the Shramik
Bahini to such nominee, heir or legal representative, as
the case may be.

(3) All transfers and payments made J:>~ a

Shramik Bahini in accordance with the prov1s10ns
of this section shall be valid and effectual against
any demand made upon the Shramik Bahini by any
other person or claimant.

Liability of 20. The liability of a past Shramik member for

past Shramik the debts of a Shramik Bahini as they existed at the
member. time when he ceased to be a Shramik member shall
continue for a period of two years from the date of
his ceasing to be member.

Register of 21. (l) A registered Shramik Bahini shall main-

Shramik
members. tain a register of the members of the Shramik Bahini

showing the name of member, date of membership,
date of pavment of membership fee and the date of
ceasing to be a mem her.

(2) A copy of any entry in a register mentioned

in sub-section ( 1) certified in the manner prescribed
shall be admitted as evidence of membership or other-
wise.

Proofs of 22. A copy of any entry in a book of a Shramik

~r:;;i~s m ii~ _ Bahini regularly kept in the course of management
B a hi n i's of the affairs of the Shramik Bahini, shall, if certified

. books. in such manlier as may be prescribed by the rules,

be received, in any suit or Jegal proceedings, as _prima-_

_facie_ evidence of the existence of' such entry, and

shall be admitted as evidence of the matters, transac-
tions and accounts therein recorded in every case

where, and to the same extent as, the original entry

itself is admissible.

Exemption 23. The Shramik Bahini shall not be liable to

from stan:_ip pay any registration fee, .or stam p duty or court

duty regIB· f.     - h d

trati~n fee, ee stamp wit ten er.

etc.


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INSPECTION OF AFFAIRS

Enq uiry of 24. (1) The Chief Engineer or a ny officer

Chief Engi- not below the rank of an Executive Eng ineer em-
neer. pow ere cl b h' y un or any ot 1er I appropnate . aut t . ionty 111 .

this behalf may, of his own motion, or on the appli-

cation of a majority of the Executive Committee, or of
not less th an one third of the members, hold an enquiry

or direct some p erson au thorised by him by an order
in writing in this behalf to hold a n enquiry into the
constitution, working, financial cond itions and accounts
of a Shramik Bahini.

(2) The Nayak, the President and the Shramik

m ember of a Shramik Bahini sha ll furnish such infor-
m ation in regard to the affairs of the Shramik Bahini
as the Chief Engineer or the person a uthorised by him
or any other appropriate aut hority may require.

DISSOLUTION OF THE SHRAMTK BAHINI

Dissolu- 25. (1) If the Chief Engineer after enquiry is of

1ion. opi nion that the Shrarnik Bahini ought to be dissolved,
he may cancel the registration of the Shramik

Bahini:

Provided that the Shramik Bahini shall be given

an opportunity to show cause why the reg istration

of the Shramik Bah ini should not be cancell ed.

_(2)_ Notwith standing anything contained in sub-

section (1), registration of a Shramik Bahini may be
ca ncelled at the discretion of the Chief Engineer if more

tha n two-third of its total number of members applies
in writing for cancellation of the Shra mik Ba hini.

Effects of 26. Where the registration ot a Shramik Bahinl

cancell':ltion is cancelled, the Shramik ll<1hini shall cease to exist aa

0~ registra- a b ody corporate.
t10n.

No jurisdic-
ti on of Civil 27. No civil court shall have any jurisdiction in

Court in respect of any matter connected with the dissolution of

matter of the Shramik Bahini under this Act.
dissolution
of Shram ik
Bahini.
S hramik 28. (1) The State Government may, from time

Advisory· to time, constitute at the subdivisional level a
Committee,

Shramik Advisory Committee, consi~ting of such

number of persons as it may think fit in each , case and
on such terms and conditions as may be prescribed.

(2) A Shramik Bahini may, if it thinks fit, consult
the SubdivisionaL Shramik Advisory Committee on
any business coming b efore it, and shall so do io respect


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9

of such business, as the State Government may, by

general or special order in this hehalf, specify or
when required by the regulations so to do.

Pradesh Shra- 29. (1) The State Government may constitute a
mik Advi- Pradesh Shrarnik Advisory Committee at the State

so:y Com- level, consisting of such number of persons as it may
mittee. think fit, and on such terms and conditions as may be
prescribed.

(2) The functions of the Pradesh Shramik Advi•

sory Committee shall be-

( a) to assess the work.ing                           - f the Shramik

Bahini;

_(b)_ to chalk out plans from time to time in

order to organise or re-organise the

Shramik Bahini in the best interest of

the Shramik Bahini ; and
_(c)_ to harness the man power more effectively

MISCELLANEOUS

Power of the 30.(1) The State Government may, by notification

State Gov- in the official Gazette, make rules to carry out the
ernment to f h
fram e rules purposes o t is Act.

(2) All rules made under this section shall be laid
not less than fourteen days before the Assam Legisla·
tive Assembly as soon a~ possible after they are made.

and shall be subject to such modifications as the
Assam Legislative Assembly may m <..ke during the
session in which they are so laid or the session imme-
diately following.

Power of ~he 31. Each Shramik Bahini may make regulation
### i h~. a. 1 m ik for its internal administration consistent with this Act

fr~~~ reg~~ and the rules made thereunder.

lation.

Certain Acts 32. The f~llowing Acts, namely:-
not to apply
to Shramik

Bahini. _(a)_ The Societies Regulation Act, 1860, Act X.XVof

1860.

_(b)_ The Assam Co-operative Societies Act, 1949, Assam Act I

ofl950i

(c) The Companies Act, 1956, Act I or

1956.

shall not apply to any Shramik Bahini and the
registration of any such Shramik Bahini under any
such Acts shall be void.

, P. C. _DAS,_


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