63
of 1948.
Power
to specify articles for exclusive production by handlooms.
Constitution
of Advisory Committee.
Prohibition
of production of articles exclusively reserved for handlooms.
Search
and seizure to be made in accordance with the Code of Criminal Procedure,
1973.
Penalty
for contravention of orders made under section 3.
False
statement.
2 of
1974.
Power
of Central Government to give directions.
Protection
of action taken in good faith.
Power
to exempt. |
[29th
March, 1985.]
An Act
to provide for reservation of certain articles for exclusive production
by handlooms and for matters connected therewith.
Be
it enacted by Parliament in the Thirty-sixth Year of the Republic of India
as follows :-
(1)
This Act may be called the Handlooms (Reservation of Articles for Production)
Act, 1985
(2)
It extends to the whole of India.
(3)
It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
2.
In
this Act, unless the context otherwise requires,
(a)
"Advisory Committee" means the Advisory Committee constituted under section
4 ;
(b)
" handloom" means any loom,other than powerloom;
(c)"
manufacturer" includes the producer and processor and the expression "manufacture"shall
be construed accordingly ;
(d)"
powerloom" means a loom which is worked by power as defined in clause (g)
of section 2 of the Factories Act, 1948 ;
(e)"processor"
means a person engaged in any ancillary process subsequent to the production
of cloth, such as dyeing, bleaching, mercerising, calendering, embroidering,
printing, raising, cloth embossing or any other finishing process, but
does not include a producer, and the expression "process" shall be construed
accordingly ;
(f)
"producer" means a person engaged in the production of cloth on any loom,
other than handloom, and shall include a person who owns, works or operates
on, a loom for the production of cloth, and the expression "produce" shall
be construed accordingly.
3.(1)
Notwithstanding anything contained in the Industries (Development and Regulation)
Act, 1951, the Central Government may, if it is satisfied, after considering
the recommendations made to it by the Advisory Committee, that is necessary
so to do for the protection and development of the handloom industry, by
order published in the Official Gazette, direct, from time to time, that
any article or class or articles shall, on and from such date as may be
specified in the order (hereinafter referred to as the date of reservation),
be reserved for exclusive production by handlooms.
(2)
Every order published under sub-section (1) shall be laid, as soon as may
be after it is made, before each House of Parliament, while it is in session,
for a total period of thirty days which may be comprised in one session
or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the order or both Houses
agree that the order should not be made, the order 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 order.
4.
(1)
The Central Government shall, with a view to determining the nature of
any article or class of articles that may be reserved for exclusive production
by handlooms constitute an Advisory Committee consisting of such persons
as have, in the opinion of that Government, the necessary expertise to
give advice on the matter.
(2)
The Advisory Committee shall, after considering the following matters,
communicate its recommendations to the Central Government, namely :-
-
article
or class of articles which is being produced by handlooms for mass consumption;
-
the article
or class of articles which is being produced traditionally by handlooms;
-
the level
of employment likely to be generated by the production of the article or
class of articles referred to in clause (a) or clause (b) exclusively by
handlooms;
-
the protection
of interests of persons engaged in the handloom industry and the need for
the continued maintenance of the industry; and
-
such other
matters as the Advisory Committee may think fit.
5.
Wherean
order has been made under section 3 reserving any article or class of articles
for exclusive production by handlooms, such article or class of articles
shall not, on and from the date of reservation, be produced by any loom,
other than handloom :
Provided
that any person who, immediately before the date of reservation of any
article or class of articles, was engaged in the production of such article
or class or articles in any loom, other than handloom may continue to be
so engaged till the expiry of three months from the date of such reservation.
6.
(1)
The Central Government may, by order, require any manufacturer to furnish,
for the purposes of this Act, -
-
such information
in his possession with respect to any manufacturing activity or business
carried on by him or by any other person to any officer or authority specified
by it in such form and within such period as may be specified by that Government
in the order;
-
such samples
of any articles manufactured by him or by any other person for inspection
by such officer or authority, at such places and within such period as
may be specified by it in the order.
(2)Where
any order has been issued to any manufacturer under sub-section (1) , he
shall comply with such order.
7.
Any
officer authorised by the Central Government (hereinafter referred to as
the authorised officer) may enter, at all reasonable times, any place or
premises of any manufacturer in which any textile articles are stored,
kept or exposed for sale and may require the production for inspection
of any books of account, registers, records or other documents kept therein
and ask for such information relating to the manufacture, storage or keeping
for sale of any such articles or to any powerlooms that may be found in
such place as he may think fit for the purposes of carrying into effect
the provisions of this Act.
8.
(1)
If the authorised officer has any reason to believe that, -
-
any article
or class of articles specified in any order made under section 3 is being
produced in any place in contravention of such order; or
-
any article
or class or articles produced in contravention of such order are secreted
in any place; or
-
any article
or class or articles is liable to forfeiture under this Act,
he
may enter into and search such place or premises for such article, or class
of articles or any powerloom which in the opinion of the authorised officer
may have been used for the production of such article or class of articles.
(2) Where,
as a result of any search made under sub-section (1), any article or class
of articles or any powerloom has been found and the authorised officer
has reason to believe that such article or class of articles has been produced,
or such powerloom has been used for the production of any article or class
of articles, in contravention of any order made under section 3, he may
seize such article, class of articles or powerloom, together with the package,
covering or receptacle, if any, in which such article or class of articles
is found :
Provided
that where it is not practicable to seize any article or powerloom, the
authorised officer may serve on the owner of the article or the powerloom,
as the case may be, an order that he shall not remove, part with, or otherwise
deal with, the article or powerloom except with the previous permission
of such authorised officer.
(3)
Where any article or powerloom is seized under sub-section (2) and no prosecution
has been launched within six months of such seizure, it shall be returned
to the person from whose possession it was seized.
(4) The
authorised officer may also seize any documents or things which, in his
opinion, will be useful for, or relevant to, any proceeding under this
Act.
(5)
The person from whose custody any documents are seized under sub-section
(4) shall be entitled to make copies thereof or take extracts therefrom
in the presence of the authorised officer.
(6)
If any person legally entitled to the documents or things seized under
sub-section (4) objects, for any reason, to the retention by the authorised
officer of the documents or things, he may make an application to the Central
Government stating therein the reasons for such objection and requesting
for the return of the documents or things.
(7)
On receipt of an application under sub-section (6), the Central Government
may, after giving the applicant an opportunity of being heard, pass such
order as it may think fit.
9.
The provisions of the Code of Criminal Procedure, 1973, relating to searches
and seizures shall, so far as may be, apply to every search or seizure
made under this Act.
10.
Whoever produces any article or class of articles in contravention of an
order made under section 3, -
Shall
be punishable with imprisonment for a term which may extend to six months
or with fine which may extend to five thousand rupees per loom by which
the said article or class of articles is produced, or with both, and in
the case of a continuing contravention, with an additional fine which may
extend to five hundred rupees per loom for every day during which such
contravention continues after conviction for the first such contravention;
and
the article
or class of articles in respect of which the order has been contravened
or any powerloom by the use of which such order is contravened, including
any package, covering or receptacle in which the article or class of articles
is found, shall be forfeited to the Central Government :
Provided
that if the court is of opinion that it is not necessary to direct forfeiture
in respect of any of the articles, powerloom or any package, covering or
receptacle, it may, for reasons to be recorded, refrain from doing so.
11
.
If any person,
-
when required
by any order made under section 6 to furnish any information or sample,
makes any statement or furnishes any information which is false in any
material particular and which he knows, or has reasonable cause to believe,
to be false or does not believe it to be true, or fails to furnish such
sample or damages or destroys any article from which such sample was required;
or
-
When required
by the authorised officer under section 7 to produce any books of account,
registers, records or other documents, fails to produce, or damages or
destroys any such books, registers or other documents,
He shall
be punishable with imprisonment for a term which may extend to three months,
or with fine which may extend to five thousand rupees or with both.
12.
Any
person who attempts to contravene or abets the contravention of any order
made under section 3 shall be deemed to have contravened that order.
13.
(1)
Where an offence under this Act has been committed by a company, every
person who at the time 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 provided in this Act, if he proves that the offence
was committed without his knowledge or that he had exercised all due diligence
to prevent the commission of such offence.
(2)
Notwithstanding anything contained in sub-section (1), where an 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 director, manager, secretary or other
officer of the company, such direction, manager, secretary or other officer
shall also be deemed to be guilty of that offence and shall be liable to
be proceeded against and punished accordingly.
Explanation
– For the purposes of this section, -
-
"company"
means any body corporate and includes a cooperative society registered
or deemed to be registered under any law for the time being in force, a
firm or other association of individuals; and
-
"director",
in relation to a firm, means a partner in the firm.
14.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973,
every offence punishable under this Act shall be cognizable.
15.
The
Central Government may be order direct that the powers exercisable by it
under any provision of this Act other than the power to make orders under
section 3 or under section 18 or to make rules under section 19, shall
in relation to such matters and subject to such conditions if any, as may
be specified in the direction by exercisable also be -
-
such officer
or authority subordinate to the Central Government; or
-
Such State
Government or such officer or authority subordinate to a State Government,
as may be specified in the direction.
16.
The Central Government may give such directions as it may consider necessary
to a State Government as to the carrying into execution of the provisions
of this Act.
17.
No suit, prosecution or other legal proceeding shall lie against the Central
Government, State Government or any officer or employee of the Central
Government or of any State Government or any authorised officer for anything
which is in good faith done or intended to be done under this Act or an
order made under section 3.
18.
(1) If the Central Government is satisfied that the demand for any article
or class or articles reserved by an order under section 3 outside India
is such that it is not possible for the handloom industry to meet such
demand or any such article or class or articles is required to be produced
for purposes of research or for the development or markets for such article
or class of articles or of the handloom industry generally, it is necessary
or expedient so to do, it may, by order published in the Official Gazette,
exempt such article or class of articles from the operation of such order,
and permit such article or class of articles to be produced by any powerloom
solely for the purposes of export or for research by such institutions
as may be specified in the order.
(2)
Every order made under this section shall be laid, as soon as may be after
it is made, before each House of Parliament, while it is in session, for
a total period of thirty days which may be comprised in one session or
in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the order or both Houses
agree that the order should not be made, the order 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 that validity of anything previously done under the order.
19.
(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2)
Every rule made under this Act shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session, for a
total priod of thirty days which may be comprised in one session or in
two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or both Houses
agree that the rule should not be made, the rule 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 rule. |
Short
title, extent and commence-ment.
Definitions
65
of 1951.
Power
to call for information or to furnish samples.
Power
to enter and inspect.
Power
to search and seize.
Attempt
and
Abetment
Offences
by companies
Offences
to be cognizable.
Power
to delegate.
|
