(Office of the Development Commissioner for Handlooms)

(Enforcement Wing)

NOTIFICATION

New Delhi, the 15th December, 2000
S.O. 1127(E).- In exercise of powers conferred by section 15 of the Handlooms (Reservation of Articles for Production) Act, 1985, (22 of 1985) and in supersession of the notifications of the Ministry of Textiles (Department of Textiles), (Office of the Development Commissioner for Handlooms) No. S.O. 89 (E) published in the Gazette of India, Extraordinary Part II, Section – 3, Sub Section (ii) dated 12th February, 1987 and No. S.O. No. 61 (E) dated 19th January, 1994 except in respect of things done or omitted to be done before such supersession, the Central Government hereby directs that the powers exercisable by it under the provisions of the said Act as specified in the column (3) of the table below shall be exercisable also by the officers or authority as specified in column (2) of the table; namely:-

 
 

TABLE


Offices of the Central/State Governments
Designation of the Officers/Authority

Powers exercisable

(1)
(2)
(3)
A. Office of the Development Commissioner for Handlooms, Ministry of Textiles, Government of India.
1.Development Commissioner for Handlooms, Additional Development Commissioner for Handlooms and Joint Development Commissioner for Handlooms.
2.Chief Enforcement Officer, Office of the Development Commissioner for Handlooms.
3.Regional/Deputy Enforcement Officer, Office of the Development Commissioner for Handlooms.
4.Assistant Director in the Office of the Development Commissioner for Handlooms.
¨Sections 4, 6, 7, 8 & 16
¨Sections 6, 7 & 8
¨Sections 6, 7 & 8

¨Sections 6, 7 & 8

5.Director, Deputy Director, Assistant Director working in the Weavers’ Service Centres.
¨Sections 6, 7 & 8
B. Office of the Textile Commissioner, Ministry of Textiles, Government of India.
1.Textile Commissioner, Additional Textile Commissioner and Joint Textile Commissioner.
2.Director In-Charge of Regional Office, Office of the Textile Commissioner.
3.Enforcement Officer, Office of the Textile Commissioner.
¨Section 6, 7 & 8
¨Sections 6, 7 & 8
¨Sections 6, 7 & 8
C. Office of the State/UT Director/Commissioner In-Charge of Handlooms or by whatever name called.
1.State/UT Director/Commissioner In-Charge of Handlooms and the subordinate officers in-charge of handlooms under him not below the rank of Assistant Director or by whatever name called.
2.Registrar of Cooperative Societies and its subordinate officers not below the rank of Deputy Registrar in the UT of Pondicherry.
¨Sections 6, 7 & 8
Sections 6, 7 & 8

¨Section 4 constitution of the Advisory Committee


 
 

Part I : General Features of the scheme.

Objectives :-

    1. The scheme will be implemented by State Govts./Union Territories through the State Director incharge of handlooms and is aimed at establishing Enforcement Machinery in the States to ensure that the powerloom and mill sector do not violate the provisions of the Handlooms (Reservation of Articles for Production) Act, 1985.
    2. The scheme is intended to encourage and assist the State Govts./ UTs to set up state level Enforcement Machinery. In States where an Enforcement Machinery for the purpose already exists, the Central Assistance will be extended to strengthen the existing infrastructure for effective enforcement of the provisions of the said Act.
    3. This scheme is in addition to the implementation of the Handlooms (Reservation of Articles for Production) Act, 1985 by Central Govt. agencies namely the Development Commissioner for Handlooms and the Textiles Commissioner.
Salient features :-

Tenure and extent of assistance.

    1. The scheme to set up office/s of Enforcement Machinery in the State will be fully funded by the Centre during the IX Five Year Plan. From the first year of the X Five Year Plan, Central Assistance to States/UTs, will be reduced in a tapering manner at the rate of 20% per annum.
    2. Subject to conditions specified above, the Central Assistance will be to meet Recurring and Non-recurring expenditure for the purpose on the basis indicated in Part-II below.
Part-II : State Enforcement Machinery

Setting up of Offices :-

    1. States/UTs having 5,000 or more powerlooms shall be eligible for assistance under this scheme.
    2. Each State/UT will have a headquarters office of the Enforcement Machinery under the direct control of State Director Incharge of Handlooms.
    3. Subsidiary office/s at the pockets of powerloom concentration in the State maybe set up under the control of Headquarters Office. For this purpose, each pocket of powerloom concentration should cover at least 20,000 powerlooms.
    4. Thus, besides one Headquarters Office, each State having at least 25,000 powerlooms will be sanctioned one subsidiary Office for each unit of 20,000 or more powerlooms. Ordinarily one such subsidiary centre will be considered for each additional 20,000 powerlooms. However, where more than 20,000 powerlooms are concentrated in one location/city/ area, only one subsidiary centre will be allowed for each such concentration area/city.
Staff Pattern :
    1. The staffing pattern for Headquarter Office and subsidiary Offices would be as per Annexure-A.
    2. The costs indicated at Annexure-I are suggestive and do not necessarily prescribe the pay scales of incumbent in various posts. Such pay scales would depend on the prevailing pay scales of the State in similar jobs and similar responsibilities. Within the overall cost norms for a centre there will be flexibility of individual cost components.
    3. Where a subsidiary centre is sanctioned for a location having 40,000 or more looms, a subsidiary centre may have staff component higher than that given at Annexure-A provided that the total cost for such a centre does not exceed twice the cost norms given for one subsidiary centre.
    1. Recurring expenditure on account of hiring building on rent, maintenance and running of vehicle and contingency expenditure will also constitute the Central Assistance subject to ceiling specified.
    2. Non-recurring expenditure for acquiring jeep/vehicle for these offices may also be allowed subject to dealing specified in Annexure - A.
    3. Sates which have been sanctioned non-recurring expenditure during the VII & VIII Plan will not be ordinarily sanctioned this amount again.
    4. Besides the norms on the number of Powerlooms, release and sanction of funds will also depend on performance namely implementation of the Act adjudged based on the following parameters :- Number of inspections made;
    1. Number of looms inspected;
    2. Number of samples seized;
    3. Number of powerlooms seized;
    4. Number of samples tested;
    5. Number of samples in which violation detected;
    6. Value of products seized (in Rupees);
    7. Number of prosecutions lodged.
    8. Number of cases leading to imposition of penalty;
    9. Number of cases ending in confiscation ;
    10. Value of confiscated goods;
    11. Value realised from disposal of confiscated articles;
Part – III : Procedure for availing the Central Assistance.

Submission of proposals :-

5.1 the State Govts./UTs may submit their proposals for establishment of Enforcement Machinery in their States /UTs identifying the places where field officers are to be situated with the suggestions for staff requirement and anticipated expenditure following the guidelines mentioned above alongwith their justification for the same. The proposals may be sent to Development Commissioner for Handlooms, New Delhi for approval and release of funds.

5. 2 While submitting their proposals for setting up of Enforcement Machinery, the State Govts./UTs would be required to furnish the commitment to bear the financial liability on tapering basis at the rate of 20% per annum during the X Five Year Plan.

    1. Claim for grant should be submitted in the proforma given at Annexure-B alongwith the Progress Report, which is at Annexure-C on quarterly basis. The releases in subsequent quarters will be based on the criteria enumerated at para 4 above and also actual expenditure.
Reports & Returns :-tate Govts. /UTs availing of the Central Assistance under this scheme will submit utilisation certificate duly vetted by the audit at the end of each financial year alongwith requirement of funds for the subsequent year, on the basis of which funds will be released by the Central Government.
    1. The offices of Enforcement Machinery set up under the State Directorate Incharge of Handlooms may quarterly report the progress made in enforcing the provisions of the Handlooms Reservation Act to the Development Commissioner for Handlooms in the format given at Annexure-C.

 
Annexure-A
Staff pattern for setting up of Enforcement Units in Head Office and Subsidiary Office.
  1. Headquarters Office :
S. No. Designation Post Average Cost per Total

Month (in rupees) (in ruppes)

  1. Dy. Director/ 1 7000.00 7000.00
Enforcement Officer 2. Enforceament Inspector 3 5000.00 X 3 15000.00

3. Legal Assistant 1 5000.00 5000.00

4. LDC/Typist 2 2500.00 X 2 5000.00

  1. Constable/Constable- 4 2000.00 X 4 8000.00
Cum-Driver

40,000.00
 

i) Expenditure on salaries per annum = 4,80,000.00

(40,000 X12)

ii) TA/DA per annum = 1,00,000.00

iii) Recurring expenditure = 1,20,000.00

other like hiring of office

space/contingency per annum

iv) Legal expenses = 20,000.00

Total = 7,20,0 00.00

v) Non-Recurring expenditure for

purchase of one Vehicle = 3,00,000.00

b) Subsidiary Offices :

S. No. Designation Post Average Cost Total

Per month (in rupees)

(in rupees)

1. Asst. Director 1 6000.00 6000.00

Asst. Enforcement Officer

2. Enforcement Inspector 5 5000.00 X 5 25000.00

3. LDC/Typist 2 2500.00 X 2 5000.00

4. Constable/Constable-cum-Driver 8 2000.00 X 8 16000.00
52,000.00

i) expenditure on salaries per annum = 6,24,000.00

(5200 X 12 )

ii) TA/DA per annum = 1,06,000.00

(about 20% on salaries)

iii) Recurring expenditure other like hiring = 1,20,000.00

of office space/contingency per annum

iv) Legal expenses = 20,000.00

Total = 8,70,000.00
 
 

v) Non-Recurring expenditure for purchase of = 3,00,000.00

one Vehicle
 
 

Annexure – B
Format of claim for the Quarter_______________

S. No. Item Expenditure Expenditure Total Balance

incurred up incurred releases claim now

to the proceeding during the made so far

quarter

1. 2. 3. 4. 5. 6.

  1. Salary
  2. TA/DA
  3. Legal Expenses
  4. Other Recurring expenditure
  5. Non-Recurring expenditure
PART-II

Please state the number of persons employed and the period for which employed post-wise separately for Head office and subsidiary Offices.
 

Certificate :- Certified that the information given above is true. Certificate to be given by the Deputy Director/Enforcement Officer incharge of the Headquarters Office.

Countersigned :- Director of Handlooms/Industries.
 
 
 
 
 

Annexure-C
Physical Progress Report in implementation of the handlooms Reservation Act.
S. No. Item Achievement Achievement Cumulative Remarks

Till end of during the reasons

Preceeding quarter. for shortfall

Quarter if any 1. 2. 3. 4. 5. 6.
  1. Number of inspections

  2. made.
  3. Number of looms

  4. Inspected.
  5. Number of samples

  6. seized.
  7. Number of powerlooms

  8. seized.
  9. Number of samples

  10. tested.
  11. Number of samples

  12. in which violation
    detected.
  13. Value of products

  14.  

     
     
     
     
     
     
     
     
     
     
     
     
     
     
     

    seized ( in rupees)

  15. Number of prosecutions
lodged. ix. Number of cases leading

to imposition to penalty

x. Number of cases ending in

confiscation.

  1. Value of confiscated goods.
  2. Value realised from disposal of
Confiscated articles.  

Annexure-`D’
The Handlooms (Reservation of Articles for Production) Act, 1985 Progress report of Powerloom Inspection

Name of the State /UT :-

Name of the Office ;-

Report for the Month :-
 
date

of 

visit 

Name & Postal address
of the P/L unit/mill inspected
Type of
P/Ls Plan/ dobby/jacq.
No. of complete P/Ls in
the unit installed working
Items of production Raw-material used Whether reserved or unreserved and the type of violation In case of violation noticed FIRs lodged with FIRs No. & date Remarks
No. of P/Ls seized Sample/fabric seized with quantity in mtr.
                     

HANDLOOM RESERVATION ORDER.

S.O. 557(E) dated 26th July, 1996



 


Sl.
No.
Article
Range reserved forproduction by Handlooms
1
Saree
(a)A Saree is a fabric made out of cotton or silk or in any combination thereof irrespective of count of yarn and dimensions, which is commonly known by that name and ischaracterized by the following :
(i)has extra warp and/or extra weft design in the border and/or heading and/or bodyincluding buttas containing any coloured or grey or bleached yarn or zari or any other metallic/ metallised yarn or in combination thereof ;
and/or

(ii)has a solid coloured woven border.

(b)Tie and dye saree, warp-wise and/or weft-wise made out of cotton or silk or art silk or in any combination thereof irrespective of count of yarn and dimensions with or without extra weft or extra weft solid woven border.

NOTE

(i)Nothing in this direction shall apply to Sarees made out of 100% synthetic fibre/yarn i.e. Polyester, Nylon etc. or in any combination thereof.

(ii)Nothing in this direction shall apply to sarees made in blends or union with more than 45% by weight of man-made fibre/yarn (including viscose rayon ) in combination with any natural or man-made fibre/yarn.

(iii)Nothing in this direction shall apply to crepe, chiffon, chinon, georgettes and cotton voile sarees

(iv)Nothing in this direction shall apply to grey/bleached Silk Sarees having a border in extra warp design. 

2
Dhoti
Dhoti is a fabric made out of cotton or silk or in any combination thereof woven with extra warp and/or extra weft design using more than 16 dents inclusive of selvedge in the border (includingsolid coloured woven border) and/or extra weft heading irrespective of count and dimensions, which are commonly known by that name
NOTE
(i)Nothing in this direction shall apply to Dhoties made out of 100% synthetic fibre/yarn i.e. Polyester, Nylon etc. or in any combination thereof ;
(ii)Nothing in this direction shall apply to Dhoties made in blends or union with more than 45% by weight of man-made fibre/yarn (including viscose rayon) in combination withany natural or man-madefibre/yarn.
3
Towel, Gamcha & Angavastram
A towel is a fabric woven in plain, mat, twill, honey, comb, huckaback or a combination of these weaves with border or heading which is also jointly characterized by the following :
(i)Is made of cotton or blends of cotton with any other fibre;
(ii)Are made in different dimensions;
(iii)May be white or coloured; and 
(iv)May contain decorative design when produced on jacquard;
(v)Towels with mat weave is commonly known as Erazha Thorthu in Kerala and Erazha Thundu In Tamil Nadu and also includes gamcha & Angavastram.
4
Lungi
Lungi is fabric made out of cotton or art silk or in any combination thereof having a width of 110 cms. or above and 64 ends per inch and above and woven in check and/or stripe design using coloured yarn to form check and/or stripe pattern.
5
Khes, Bedsheet, Bedcover, Counterpane, Furnishing, (including tapestry, upholstery) 
Khes, bedsheet, bedcover, counterpane, furnishing(including tapestry, upholstery) and by whatever name they may be called in different parts of country, including double clothand tie & dye, made out of cotton or art silk or in any combination thereof, woven with design pattern on multi-treadle loom and/or with dobby and/or jacquards up to 200 hooks in case of pure cotton warp and up to 400 hooks in case of combination of cotton & art silk warp, irrespective ofcount and dimensions.
NOTE
Nothing in this direction shall apply to plain sheeting.
6
Jamakkalam Durry or Durret
Jamakkalam Durry or Durret commonly known by that name made out of cotton or art silk or wool or jute or in any combination thereof usingcoarse count of single yarn or plies of resultant count having up to 24ends/inch, woven with plain weave or twill weave or in combination of both twill and plain weave in any dimension.
7
Dress Material
Dress Material includingMashru cloth and yarn tie & die cloth, made out of cotton or silk (including spun silk) or art silk or in any combination thereof woven with extra weft design in the border and/or bodyirrespective of count and dimensions.This also includes Telia Rumal, Real Madras Handkerchief which are commonly known by that name.
8
Barrack Blankets, Kambal or Kamblies
Barrack blanket is a thick fabric made of woolen yarn of any count and any colour having fibrous surface produced by milling and raising which is also jointly characterized by the following :
(i)Woolen blankets made from wool and woollen yarn or in any combination with other fibres;
(ii)It is produced in any size and weave;
(iii)Nothing in this direction shall apply to Barrack Blankets and Kambal or Kamblies made out of shoddy woolen yarn;
(iv)Whereas Kambal or Kamblies would be defined as a fabric made of wool and/or cotton or in any combination thereof woven in plain or check design.
9
Shawl, Loi, Muffler, Pankhi etc.
Shawl is a piece of cloth woven from worsted or woollen or cashmilon or Pashmina or any other fibre and/or blends thereof which is used by ladies or gents for covering their body/worn over the shoulders without any tailoring process which is also jointly characterized by the following:
(i)Woven with design with or without extra weft using any fibre;
(ii)Using any type of woollen yarn, worsted yarn or blended yarn or in combination thereof;
(iii)it is woven with any count of yarn;
(iv)it is woven in any length, width and weight; and
(v)is commonly known by that name.
The term shawl also includes, Loi, Pankhi as well as mufflers.It will also include traditional shawls like Kullu, Kinnauri, Kani, Pashmina, Dhori, Lirancha (Tibetan), Scarf etc.
10
Woollen Tweed
It is a piece of fabric woven by 100% pure woollen yarn for making coats, jackets and dress materials and is also jointly characterized by the following :
(i)It is produced in check or stripe design irrespective of dimensions; and 
(ii)It is produced in 3 / 1 twill weave.
11
Chaddar, Mekhala/
Phanek
It is used for covering lower and/or upper part of the body and is manufactured from cotton or silk or art silkor in any combination thereof woven in plain/will weave with check or stripe design irrespective of count and dimensions and is characterized by a border and/or cross border with extra warp and/or extra weft design.
NOTE
The direction above shall also include :
(i)Puan of Mizoram.
(ii)Dhara, Jainsem, Dakmanda, Daksari of Meghalaya.
(iii)Skirts and Odhana fabrics of Nagaland & Arunachal Pradesh.
(iv)Riha and Pachara of Tripura.
(v)Pawde (set)/Dhawani of Southern State.
(vi)Dakhona, Danka, Khamlet, Phanak of Assam.

Note;- Amendments to the order are given at annexure-I

Annexure-I

The following amendments have been made in the Handloom Reservation Order dated 26.7.1996:-
(A)“8. Barrack Blanket, Kambal or Kamblies(a) Barrack blanket means a thick fabric made of wool of average 34 micron or coarser, with fibrous surface, produced by milling and raising; and includes barrack blankets made by using hand spun or mill spun woollen yarn from natural grey or black wool or its combination and produced in any size and in any weave.
(b) Kambal or kamblies means a thick fabric made of wool of average 34 micron or coarser, with fibrous surface, produced by milling and raising ; and includes kambal or kamblies made by using hand spunormillspun,worsted,woollenyarnor its combination in plain, stripe or check design.
(c) Nothing in items (a) & (b) shall apply to barrack blanket, kambal or kamblies made out of shoddy yarn, that is, a cheaper class of woollen yarn made from reused or recycled wool and synthetic rags.”
S.O.408(E) Dated 2nd June, 1999. 
(B)“9. Shawl, Loi, Muffler, Pankhi etc.Shawl is a piece of cloth woven from worsted or
woollen or Pashmina or pure silk or cotton yarn
and/or its Combination thereof which is used by 
ladies or gents for covering their body/worn over the
Shoulders without any tailoring process which is also
Jointly characterized by the following :
(i)shawls woven, with extra weft designs, using woollen
or worsted or pashmina or pure silk yarn or cotton yarnand/or its combination or blends with other fibers i.e. natural and/or manmade/synthetic fibre thereof with dobby/jacquard design effect up to 400 hooks;
(ii)using any type of woollen, worsted or phasmina or pure silk yarn or cotton yarn and/or in combination thereof;
(iii)it is woven with any count of yarn;
(iv)it is woven in any length, width and weight; and 
(v)is commonly known by that name.
Explanation :-The term shawl shall also include Loi, Pankhi, Mufflers, traditional shawls like kullu,Kinnauri, Kani, Pashmina, Dhori, Lirancha (Tibetan), Gajari, and all shawls produced in the North-Eastern Region like Naga, Manipuri, Mizo shawls, etc.”
S.O. 405 (E) Dated 25th April, 2000 -
DELEGATION OF POWERS UNDER HANDLOOM(RESERVATION OF ARTICLES FOR PRODUCTION) ACT,1985
S.O. 1127(E): dated 15.12.2000 - 
S.O. 1127(E).- In exercise of powers conferred by section 15 of the Handlooms (Reservation of Articles for Production) Act, 1985, (22 of 1985) and in supersession of the notifications of the Ministry of Textiles (Department of Textiles), (Office of the Development Commissioner for Handlooms) No. S.O. 89 (E) published in the Gazette of India, Extraordinary Part II, Section – 3, Sub Section (ii) dated 12th February, 1987 and No. S.O. No. 61 (E) dated 19th January, 1994 except in respect of things done or omitted to be done before such supersession, the Central Government hereby directs that the powers exercisable by it under the provisions of the said Act as specified in the column (3) of the table below shall be exercisable also by the officers or authority as specified in column (2) of the table; namely:-


TABLE :


Offices subordinate toCentral / State Government 
Designation of the Officer/Authority
Powers Excercisable
(1)
(2)
(3)
A. Office of the DevelopmentCommissioner for Handlooms, Ministry of Textiles, Government of India.
1.Development Commissioner for Handlooms, Additional Development Commissioner for Handlooms and Joint Development Commissioner for Handlooms. 
2.Chief Enforcement Officer, Office of the Development Commissioner for Handlooms.
3.Regional/Deputy Enforcement Officer, Office of the Development Commissioner for Handlooms.
4.Assistant Director in the Office of the Development Commissioner for Handlooms. 
5.Director, Deputy Director/Assistant Director working in the Weavers’ Service Center
* Sections 4,6,7,8, & 16 
* Sections 6,7 & 8
* Sections 6,7, & 8
Sections 6,7, & 8
Sections 6,7, & 8
B.Office of the Textile Commissioner, Ministry of Textiles, Government of India.
1.Textile Commissioner, Additional Textile Commissioner and Joint Textile Commissioner.
2.Director in-charge of Regional Office, Office of the Textile Commissioner.
3.Enforcement Officer, Office of the Textile Commissioner.
* Sections 6,7,& 8
* Section 6,7 & 8
*Section 6,7,& 8
C. Office of the State/UT Director / Commissioner of Handlooms or by whatever name called
1.State/UT Director/Commissionerin-charge of Handlooms and the subordinate officers in-charge of Handlooms undr him not below the rank of Assistant Director or by whatever name called
2.Registrar of Cooperative Societies and its subordinate officers not below the rank of Deputy Registrar in the UT of Pondicherry
* Section 6,7, & 8
* Section 6,7, & 8

·Section 4 Constitution of the Advisory Committee.

·Section 6 Power to call for information or to furnish samples.

·Section 7 Power to enter and inspect.

·Section 8 Power to search and seize.

·Section 16 Powers to Central Government to give directions. 

 

 

 
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