LexThe ASSAM HANDICRAFT ARTISANS WELFARE FUND ACT, 1998
Assam · state statute
Open in Lexace · Ask the AI about this act\ Registered No. - 768/97 The Assam ~~'i EXTRAORDINARY Gazette 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. ' THE ASSAM GAZETTE, EXTRAORDINARY, JAN 21, 1999 25 ASSAM ACT NO. VII OF 1999 (Rec eived 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, 26 THE ASSAM GAZETTE, EXTRAORDINARY, JAN 21, 1999 (vi) gold smith/Sil ver 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 THE ASSAM GAZETT E, EXTRAORDINARY, JAN 21, 1999 27 and depends mainly on Handicrafts Industries for his livelihood and whom the Governm ent 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 Artisa ns for the purposes of this Act, the matter shall be referred to the Advisory Committee constituted by the Government. (e) "Government" means Governm ent 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 Handicraf ts by himself; (i) (k) (1) (m) (n) (o) (p) "family" means the husband, wife and their children; "Fund" m~an s the Handicraft Artisans Welfare Fund, established under section 3; "Artisans" mean s a person who engaged himself to any of the Handicraft product s; "member" means a member of the Fund; "person" include s a company, a firm, an association of individua ls, Non-Go vernme ntal Organisations or a Co operative Society, registered or deemed to be registered under the Assam Co-op erative Societies Act, 1949; "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; "prescribed" mean s prescribed by rules made under this Act ; "Producer of Handicraft Products" means a person who carries on the business of producing Handicraft products for export or for interna l market ing; •• !'•• ' :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) Artisans The Government may, by notific<!ltion in t~official Gazette, frame a scheme to be called the Assam Handicraft Artisans Welfare Fund Scheme for the establishment of a Fund under this Act for the welfare of the Handicraft Artisans engaged in 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. Welfare Fund Scheme. (2) (a) (b) (c) (d) There shall be credited to the Fund- the contribution specified in section 4; the amount borrowed by the Board under section 1 O; damage realised under section 19; grants or loan or advances made by the Government of India or the State Government or any other institutions; I (e) any donation s from any other SPl}1:.CGS; ~ ' (f) any amount raised by the Board from other sources to augment (g) (h) (3) the resources of the Board; · fee levied under the scheme; " any other amount which, under the pf(~wisions of the Scheme shall be credited to the Fund; · \. The Fund shall vest in, and be aciminist~red by the Board constituted under section 6. · ·· · · ( 4) The Fund may be utilised for all or any of the following purposes, namely:- (a) For payment of pension - J · ~ . • 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 . ~I (5) Subject to the provisions of this Act, the Scheme framed under 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 r 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 Legislati ve 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 Handicra ft Artisan shall contribute to the Fund one tion to the rupee each per month. Fund. (2) Every employer other than Handicraft Co-operative Socie ty or Non-Governmental Organisation shall in respect of each Handi craft 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-Governme ntal 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 amoun t 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) (7) The contribu tion shall be paid to the Chief Executive Officer or to any officer of the Board authorised by the Board in this behalf. 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. 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) (3) 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. 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 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: ... Appoint ment of officer and staff. 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. 9.(1) The Government may appoint a Chief Executive Officer and such number of other officers and staff as they considered necessary to assits the Board in the discharge of its functions 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. I L ·: I : ~ l . I I I \ 34 THE ASSAM GAZEI'IE, EXTRAORDINARY, JAN 21, 1999 Determina- 11.( 1) The Chief Executive Officer or any other officer auth orised 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 employ er 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 exam ini11g. himono1th; (b) requ . ·ing the discovery and production of document s; ( 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 purp u;;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 Industrie s or an officer not beluw the rank : f Joint Director authorised by him in this behal f and Direct01 )f Industries or the officer authorised by him l:nay after .maJ: ng such enquiry pass st1ch order therco11 as he ti 1 inks fit. (5) The Gm 1' rnment may either suo-motu or an applicati<m rtwJe by any i ggrieved person, call for the record s uf any proceed :igs taken by the Director of Industries, or the offic er authorisl :L by him under sub-section ( 4) and make such cnqu iry and pas~ , such orders as they deem fit: Pt :ivided that an application for revision unde r this ~ub · sections flll be made within thirty days from the date on whidi 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 . TI-IE ASSAM GAZETTE, EXTRAORDINARY, JAN 21, 1999 35 Pro visional 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 recove ry of dealers and producers of Handicrafts products in persuance mon ey. 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. Prio rity of 14. payment of contribution over other debts. Where any employer of dealer or producer of Handicraft products liable to pay contribution under section 4 is adjudicated as insolvent or in case such employer or dealer or producer of Handicraft products is a company, an order for 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. 36 THE ASSAM GAZETTE, EXTRAORDINARY, JAN 21, 1999 Employer · 15. not to re<luce · wages etc. Director of 16. the Board etc. to be public servants. Penalty. 17. No employer or dealer or producer of Handicraft products shall by reasons only of his liability for the payment of any 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. Every Director of the Bpard, the Chief Executive Officer and · other officers and members of the staff of the Board appointed under sub-section ( 1) of section 9 shall be deemed to be a public servent within the meaning of section 21 of the Indian Penal Code, (Central Act 45 of 1860). ( 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. • c THE ASSAM GAZETTE. ·EXTRAORDINAR Y. JAN. 21, 1999, 37 (3) No Court, inferior to that of a Judici al Magistrate of the first class, shall try any offence punishable under this Act. (4) No Court shall take cognizance of any offe nce 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 busi nes s of the company as well as the company, sha ll 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-se ction shall render any such person liable to any punishment, if he proves that the offence was commit ted without his knowledge or that he had excercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section ( 1) above where any offence unde r 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 liable to be proceed ed against and punished accordingly. Explanation :- For the purpo se of this section : (a) "Company" means any body corpo rate and includes a firm, Co-operative Society or other Association of Individuals, Non-Governmental Organisations. (b) "Officer of the Company" mean s Managing Director , Director, Managing Agent, Secretary, Treasurer or Mana ger of the Company and includes the office bearers of a fim1 or Co-operative Society or other association of individuals and Non-Governmental Organisation . r 38 THE ASSAM GAZETTE. EXTRAORDINARY. JAN. 21. 1922 Power to . rec(n•er ... . . damages. . 19. Where any person makes default in puyment of uny contribution to. the Fund under this Act, or the Scheme, the 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 · Direction by the Government. Power to order enquiry. i>ower to supers do the Hoard to be done under this Act, or under the Scheme. 21. (1) The Government may, after consultation with the Board, give to the Board general direction to be followed by 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. 22. (1) The Government may, at any time, appoint any person to inquire into the working of the Board and submit a 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. 23. (1 ). If on consideration of the report under section 22 or otherwise, the Government are of opinion that the Board has 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. 1· 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 of Auditors. Annual Report, Audited State- ment of Accounts. (2) The Board shall pay to the said auditors such remuneration, as the Government may direct. (3) The accounts of the Board shall be examined and audited once in every year by such auditors. 25. (1) The Annual Report of the Board shall be prepared under the direction of the Board and after approval by the Board, a copy of the report shall be submitted to the Government before the end of July every year. (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 settl e, 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. / - 40 THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 21. 1999 Speci al provision fo r tr a nsfer of accumul a tion from welf are funds esta blished by any Acts or Ag r eement. ·Removal of difficulties. 27. Notwithstanding anything contained in any other law for the time being in force, on the date of publication of this Act in the Official Gazette, the sums standing to the credit of a member in any welfare fund established either by any Law or agreement shall stand transfen-ed to and credited to the Fund established under this Act and the liability of such member to pay contribution to such welfare fund shall cease · from such date. 28. (1) If any difficulty arises in giving effect to the 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. Powe r 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. 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 ; 1 42 THE ASSAM GAZETT E, 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 credi ted 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. GUW AHA TI- Printed & published by the Dy. Director (P&S), Dir0ctorate of Ptg. and Sty., Assam , Guwah ati-21 (Ex-Gazette) No. 13-500-600-21-1-99. I / . ~ --=· [! ~- \· .~ '- . ,;· · j;· ( .~ f1, ,I"'! ' ' " t j. l·· r · }' (. r t :; <!! J • ,