LexThe Assam Shramik Bahini ACT, 1959
Assam · state statute
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'
The 22nd June 1960
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, .
Short title,
CJ1:tent and
cornmence
men r.
Definition.
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 development al txpenditur e incur
red by the State of Assam, in the manner hereir.aher
appearing:
It is hereby ena cted i11 the Tenth Year of the
Republic of India as follows :-
PRELIMINARY
1, (1) This Act m ay be called the Assam
Shramik Bahini Act, 1959.
(2) It shall exte11d to the whole of the Stale
of Assam.
(3) It shall come into force at once.
2. In this Act, unles3 there is anythin g 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" mean s 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 Win gs.
(5) "Regulation" m eans the regulation made
under Section 31 of the Act.
3
(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
proje ct, 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 Shramik s(.i n 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
register ed under the provisions of this Act, a
meeting of the members of the Shramik Bahini
shall be convened by the convenor to elect from
·amongst its mernbe~s an Executive Committee. The
rneeting shall be held at such d a 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
4
!uinual meet_ 5. (1) An annu al 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 Executiv e 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 regul ation.
(2) Ordinary general me eting shall be held as
often as found necessary for trans acting the business
of the Shramik Bahini but must be held at least
once in six months.
REGISTRATION OF A SHRAMIK BAHINI
11 Reg1stermg . . 6. The Chief Engineer or any officer not below
I ' autbonty of h k f E · E · cl b
J
. . ly. · ~'"-5'?
. t· f- ' the Shramik t. e ~an . o an ' xecutl\le ng ine ~ r e_mpowere . y
~f. , \ ,, Bahini. him m this behalf, shall he the regtstcnng authority
'>, ·. f
1
-~ 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 parti culars ; namely: -·
. \."' . (
't' tll {
(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 ma y be situated
at the residence of the Nayak or Presid ent
or any other place considered suitable by
the Shramik Bahini. ( I .
\ . . l )" . <""--~ 1
~c;giitratiou. 8. The 1Ch1ef E11gmee.r or the . officer not below
} ,\ ! the rank of ·a.n · Executive Engine er empowered
"• 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~ Y k f E · E · d t.1e ran o an xecutive ngmeer empowere
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 prescrib ed 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
hS~r!lm1 k Ba· be to do any work with their own manual lab .:mr on
im. 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
•m 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
income. 12. (I) The net income of the Shramik Ba hini
after deducting expen ses 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.
Votes
Shramik
members.
(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
of 13. Each Shrarnik member shall have one vole
only as a member in the affairs of the Shramik Bahini.
Addrm of 14. The Shramik Bahini shall have an address
the Shramik registered under the provisions of this Act lo which ai I
Bahini · d · · b 1 11 · notice~ an communications may · e sent, and s 1a
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,8 Rt egulba- Act and Regulations govt:rning such Shramik Bahini
on o e l . d' d . . 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
chm cnt. 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 lea st
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 decea sed 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 represet ctative of the deceased
Shramik member, or pay to such nominee, heir or
re;:>resentative, as the case may be, a sum representing
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:1yments
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 Shr amik 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
Shramik
members.
21. (l) A registered Shramik Bahini shall main
tain a register of the members of the Shramik Bahini
showing the name of member, dat e 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 evid ence 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 evid ence of the existence of' such entr y, and
shall be admitted as evidence of the matters, transac
tions and accounts ther ein recorded in every case
where, and to the same ext ent 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.
INSPECTION OF AFFAIRS
Enq uiry of 24. (1) The Chief E nginee r or any officer
Chi ef Engi- not below the rank of an Exe cutive Eng ineer em-
neer. cl b h' I . t . . pow ere y un or any ot 1er appropnate aut ionty 111
thi s behalf may, of his own motion, or on the appli
ca tion of a majority of the Exec utive Committee, or of
not less th an one third of the members, hold an enquiry
or direct some p erson au thori sed by him by an order
in writin g in this behalf to hold a n en quiry int o the
constitution, working, financial cond itions and accounts
of a Shramik Bahini.
(2) The Nay ak, the President and the Shramik
m emb er of a Shramik Bahini shall furnish such infor
m ation in regard to the affai rs of the Shramik Bahini
as the Chief Engineer or the person a uthoris ed b y him
or any other appropriate aut hority may req uire .
DISSOLUTION OF THE SHRAM TK BAHINI
Dissolu- 25. (1) If th e Chi ef En gineer after enquiry is of
1ion. opi nion that the Shrarnik Bahini ought to be dissolved,
he may cancel the regis tration of the Shramik
Bahini:
Provided that the Shram ik Bahi ni shall be given
an opportunity to show ca use why th e registration
of the Shramik Bah ini should not be canc elled.
(2) Notwi th standin g any thin g contained in sub
section (1), registration of a Shra mik Bahini may be
ca ncelled at the discretion of the Chief Engineer if more
tha n two-th ird of its total number of members applies
in writing for ca ncell at ion of the Shra mik Bahini.
Effects of 26. Where the registration ot a S hramik Bahinl
cancell':ltion is cance lled, th e Shramik ll <1hini sh all cease to exist aa
0~ registra- a body corporate. t10n.
No jurisdic -
tion of Civil 27. No civi l court sha ll have any jurisdiction in
Court in respect of any matter conn ected with th e dissolution of
matter of the Shramik Bahini und er this Act. dissoluti on
of Shram ik
Bah ini .
Shramik
Advisory ·
Committee ,
28. (1) The State Governme nt may, from time
to time, con stitute at the sub di visional level a
Shramik Advi sory Committee, consi~ting of such
number of persons as it may think fit in each , case and
on such terms and con diti ons as may be prescribed.
(2) A Shramik Bahini may, if it thinks fit, con sult
th e Su bdiv isiona L Shramik Advisory Committee on
any busines s coming b efore it, and shall so do io respect
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 Gov ernment may constitute a
mik Advi- Pradesh Shrarnik Advisory Committee at the State
so:y Com- level, consisting of such numb er 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 ·of the Shramik
Bahini;
(b) to chalk out plans from time to time in
order to organi se or re-org anise the
Shramik Bahini in the best intere st 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 rul es to carry out the ernment to f h fram e rule s purpos es o t is Act.
(2) All rules made under thi s section shall be laid
not less than fourte en 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.
Pow er of ~he 31. Each Shramik Bahini may mak e regulation
i h~. a. m ik for its internal administration consistent with this Act
fr~~~
1
reg~~ and the rules made thereunder .
lation.
Certain Acts
not to apply
to Shramik
Bahini.
32. The f~llowing Acts, namely:-
(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,
Dy. Secy. to the Govt. of Assam Law Deptt.