LexaceLexace Ask the AI ›
⚖️ Ask the AI about your situation:🚗 Car Accident💼 Work / Job🏠 Housing / Eviction👪 Family / Divorce📋 Contract Dispute💰 Money Owed

The Assam Handicraft Artsans Welfare Fund Act, 1998 (Single Document)

Assam · state statute
Open in Lexace · Ask the AI about this act
ASSAM ACT NO. VII OF 1999 
(Received 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, 
extent and 
commencement. 
1. (1) This Act may be called the Assam Handicraft Artisans Welfare Fund 
Act, 1998. 
 
(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, 
 
 
2 
 
(iii) wood curving/Decorative Furniture , 
 
(iv) drift crafts (Craft made of Tree rods and branches), 
 
(v) brass Metal, 
 
(vi) gold smith/Silver smith, 
 
(vii) terracotta/Earthen ware, 
 
(viii) pith craft, 
 
(ix) decorative Textile (Loem loom / 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; 
 
 
 
 
 
 
3 
 
(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 Handicraft products and includes any person 
employed by any non-Government organisation, co-operative society or 
through any other agent and depends mainly on Handicrafts Industries 
for his livelihood and whom the Government may, by notification in the 
Official Gazette, from time to time declare to b e Handicraft Artisan for 
the purposes of this Act; 
 
Explanation:-  If any question arises as to whether a person is or is not 
a Handicraft Artisans for the purposes of this Act, the matter shall be 
referred to the Advisory Committee constituted by the Government. 
 
(e) “Government” means Government 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 Handicrafts by 
himself; 
 
(i) “Family” means the husband, wife and their children; 
 
(j) “Fund” means the Handicraft Artisans Welfare Fund, established under 
section 3; 
 
(k) “Artisans” means a person who engaged himself to any of the 
Handicraft products; 
 
(l) “Member” means a member of the Fund; 
 
(m) “Person” includes a company, a firm, an association of individuals, 
Non-Governmental Organisations or a Cooperative Society, registered 
or deemed to be registered under the Assam Co-operative Societies Act, 
1949; 
 
(n) “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; 
 
(o) “Prescribed” means prescribed by rules made under this Act; 
 
(p) “Producer of Handicraft Products”  means a person who carries on the 
business of producing Handicraft products for export or for internal 
marketing; 
 
4 
 
(q) “Schedule” means the schedule to this Act; 
 
(r) “Scheme” means a scheme framed under this Act; 
 
 
(s) “Year” means the financial year; 
 
(t) “Board” means the Handicraft Artisans Welfare Fund Board constituted 
under section 6. 
 
Handicraft 
Artisans 
Welfare Fund 
Scheme. 
3. (1) The Government may, by notification in the 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. 
 
(2) There shall be credited to the Fund- 
 
 
(a) the contribution specified in section 4; 
 
(b) the amount borrowed by the Board under section 10; 
 
(c) damage realised under section 19; 
 
(d) grants or loan or advances made by the Government of India or the 
State Government or any other institutions; 
 
(e) any donations from any other Sources; 
 
(f) any amount raised by the Board from other sources to augment the 
resources of the Board; 
 
(g) fee levied under the scheme; 
 
(h) any other amount which, under the provisions of the Scheme shall 
be credited to the Fund; 
 
(3) The Fund shall vest in, and be administered 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 – 
 
(i) to a member who is unable to work due to old age or infirmity 
or who has completed the age of sixty years; 
 
5 
 
(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 connection 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 members- 
 
(i) medical facilities; 
 
(ii) nurseries and creches; 
 
(iii) education, vocational training and facilities for part time 
employment; 
 
(iv) or any other facilities specified in the Scheme. 
 
 
(5) Subject to the provisions of this Act, the Scheme framed under sub -
section (1) may provide for all or any of the mat ters spedified in sub -
section (4) and in the Schedule. 
 
(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 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 t he session immediately following, the Legislative 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 previous ly done under the 
Scheme. 
6 
 
Contribution to 
the fund. 
4. (1) Every Handicraft Artisan shall contribute to the Fund one rupee each 
per month. 
 
(2) Every employer other than Handicraft Co -operative Society or Non -
Governmental Organisation  shall in respect of each Handicraft 
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-Governmental 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 cont ribute to the Fund every year an amount 
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, 
whichever is less. 
 
(5) Every producer of Handicraft product and every dealer shall co ntribute 
to the Fund an amount equal to one percent of their sale proceeds in a 
year. 
 
(6) The contribution shall be paid to the Chief Executive Officer or to any 
officer of the Board authorised by the Board in this behalf. 
 
(7) Where the amount of any contributio n 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. 
 
Modification of 
the Scheme. 
5. (1) The Government may, by notification in the Official Gazette 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 de cide 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 o f 
anything previously done under that notification. 
 
7 
 
Constitution of 
the Board. 
6. (1) The Government may, by notification in the Official Gazette 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) The Board shall be a body corporate by the name aforesaid having 
perpetual succession and a common seal and shall by the said name sue 
and be sued. 
 
(3) 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, Ha ndicraft Co -Operative 
Societies and Non -Governmental Organisation dealing with 
Handicrafts and the remaining shall be represented by Government. 
 
(4) (a)  Seven person appointed by the Government amongst the Handicraft 
Artisans. 
(b) Four persons representing Co -Operative Society and Non -  
Governmental Organisation. 
(c)  Four offic ial appointed by the Government shall be Officer not 
below the rank of Joint Director, or equivalent 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 office 
of Directors. 
7. (1) A Director appointed under sub -section (3) of section 6 shall hold 
office for a period of three years. 
 
 
 
8 
 
(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 until his resignation is 
accepted by the Government. 
 
Removal of non-
official 
Directors. 
8. (1) The Government may, by notification in the Official Gazette remove 
any non-official Director of the Board from office – 
 
(a) if he has, without the permission of the Board, been absent from the 
meeting of the Board for three consecutive meetings:  
 
     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 -
section (1) shall be disqualified for reappointment as a Director of the 
Board for a period of t hree years from the date of his removal unless 
otherwise ordered by the Government. 
 
(3) A non-official Director of the Board remo ved under clause (b) of the 
sub-section (1) shall not  be eligible for reappointment u ntil he is 
declared by an order of the Government to be no longer ineligible. 
 
Appointment of 
officer and staff. 
9. (1) The Government may appoint a Chief Executive Officer and such 
number of other officers and staff as they considered necessary to assist 
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 oth er officers and staff appointed 
under sub-section (1) shall be such as may be prescribed. 
9 
 
(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 the 
Board to 
borrow. 
10. The Board may, from time to time with the previous approval of the 
Government subject to such terms and conditions as may be specified by the 
Government, borrow money for the purpose of the Schemes. 
 
Determination 
of amount due. 
11. (1) The Chief Executive Officer or any other officer authorised  by the 
Board in this behalf may, after making such enquiry as may be 
necessary and after giving every person liable to pay contribution under 
section 4 an opportunity of being heard, by order, determine the amount 
due from every employer or dealer or prod ucer of Handicraft products 
under the provisions of this Act or the Scheme. 
 
(2) The officer conducting the enquiry under sub -section (1), shall for the 
purpose of such enquiry, have the same powers as are vested in the 
Civil Court while trying a suit under th e Code of Civil Procedure, 1908 
(Central Act 5 of 1908) in respect of the following matters, namely :- 
 
(a) enforcing the attendance of any person and examining him on oath; 
 
(b) requiring the discovery and production of documents; 
 
(c) receiving evidence on affidavit; 
 
(d) issuing commissions for the examination of withnesses. 
 
(3) Any enquiry under this section shall be deemed to be a judicial 
proceeding within the meaning of section 193 and 228 of the India n 
Penal Code (Central Act 45 of 1860) and for the purpose of section 196 
of the said Code. 
 
(4) Any person aggrieved by an order under sub -section ( 1) may w ithin 
thirty days from the date of receipt of the order, prefer an appeal to the 
Director of Industries or an officer not below the rank of Joint Director 
authorised by him in this behalf and Director of Industries or the officer 
authorised by him may after making such enquiry pass such order 
thereon as he thinks fit. 
 
(5) The Government may either suo -motu or an application made by any 
aggrieved person, call for the records of any proceedings taken by the 
Director of Industries, or the officer author ised by him under sub -
section (4) and make such enquiry and pass such orders as they deem 
fit:  
10 
 
      Provided that an application for revision under this sub-section shall 
be made within thirty days from the date on which the order was 
communicated to the applicant :  
 
      Provided further that no order shall be passed under this s ub-section 
without giving the person who may be affected there by an opportunity 
of being heard. 
 
Provisional 
assessement and 
collection 
contribution. 
12. (1) Every employer or dealer or producer of Handicraft products liable to 
pay contribution under section 4 shall, pending determination under 
section 11 of the amount due from him, pay on or before the 5th day of 
every month an amount 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 contribution 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 u nder sub -section (1) by an employer or dealer or 
producer of Handicraft products shall be for a year. 
 
Mode of 
recovery of 
money. 
13. Any amount due from the Handicraft Artisans employers dealers and 
producers of Handicrafts products in pursuance 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. 
 
Priority of 
payment of 
contribution 
over other debts. 
14. Where any employer of dealer or producer of Handicr aft 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. 
 
Employer not to 
reduce wages 
etc. 
15. 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. 
11 
 
Director of the 
Board etc. to be 
Public servants. 
16.  
 
Every Director of the Board, the Chief Executive Officer and other officers 
and members of the staff of the Board appointed under sub -section (1) of 
section 9 shal l be deemed to be a public serva nt within the meaning of 
section 21 of the Indian Penal Code, (Central Act 45 of 1860). 
 
 
Penalty. 17. (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. 
 
(3) No Court, inferior to that of a Judicial Magistrate of the first class, shall 
try any offence punishable under this Act. 
 
(4) No Court shall take cognizance of any offence 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 
companies. 
18. (1) Where an offence under t his Act has been committed by a  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 
business of the company as well as the company, shall be deemed to be 
guilty of the offence and shall be lia ble to be proceeded against and 
punished accordingly.  
 
     Provided that nothing contained in this sub -section shall render any 
such person liable to any punishment, if he proves that the offence was 
committed without his knowledge or that he had excerci sed all due 
diligence to prevent the commission of such offence. 
 
(2) Notwithstanding anything contained in sub-section (1) above where any 
offence under this Act, has been committed by a company and it is 
proved that the offence has been committed with the co nsent 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 proceeded against and 
punished accordingly.  
 
 
 
12 
 
Explanation :- For the purpose of this section :- 
 
(a) “Company” means any body corporate and includes a firm, Co -
operative Society or other Association of Individuals, Non -
Governmental Organisations. 
 
(b) “Officer o f the Company”  means Managing Director, Directo r, 
Managing Agent, Secretary, Treasurer or Manager of the Company 
and includes the office bearers of a firm or Co -operative Society or 
other association of individuals and Non -Governmental 
Organisation. 
 
Power to recover 
damages. 
19. Where any person makes default in payment of any contribution to the Fund 
under this Act, or the Scheme, the Board may recover from him damages, not 
exceeding twenty five percent of the amount of arrear as they may think fit to 
impose. 
 
Protection for 
acts done in 
good faith. 
20. No suit or other legal proceedings shall be filed against any Director of the 
Board or any other person in respect of anything, which is in good faith done 
or intended to be done under this Act, or under the Scheme. 
 
 
Direction by the 
Government. 
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. 
 
Power to order 
enquiry. 
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 documents, accounts and 
information in the possession of the Board as may be required. 
 
Power to 
supersede the 
Board. 
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 Ac t or the Scheme or 
has exceeded or abused its powers, the Government may, by 
notification in the Official Gazette, super sede the Board for such period 
not 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 Board should not be superseded and shall consider the 
explanation and objections, if any, of the Board. 
  
13 
 
(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 unde r sub -section (1) the Government shall 
reconstitute the Board in the manner provided in Section 6. 
 
Audit of 
Accounts of the 
Board and 
remuneration of 
Auditors. 
24. (1) The Government shall appoint auditors to audit the accounts of the 
Board. 
 
(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. 
Annual Report, 
Audited 
Statement of 
Accounts. 
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 rep ort 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 
Jurisdiction of 
Civil Court. 
26. No civil court shall have jurisdiction to settle, decide or deal with any 
question or to determine any matter 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 Di rector of Industries or any officer 
authorised by the Director of Industries or the Chief Executive Officer or any 
officer authorised by the Board. 
 
Special 
provision for 
transfer of 
accumulation 
from welfare 
funds 
established by 
any Acts or 
Agreement. 
 
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 transferred 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. 
 
14 
 
Removal of 
difficulties. 
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. 
 
Power to make 
rules. 
29. (1) The Government may by notification in the 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. 
 
  SCHEDULE 
 
[SEE SECTION 3 (1)] 
 
MATTERS FOR WHICH PROVISIONS MAY BE MADE IN THE 
SCHEME: 
 
  (1) Registration of Handicraft Artisans, 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 Handicr aft 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; 
 
15 
 
 
(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 me mber 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 formu lated 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 ; 
 
(11)  Further powers, if any, which may be exercised by the officers 
appointed under the Act ; 
 
(12) The manner in which the sums transferred under section 27 to be 
brought and credited 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. 
                                                                                                                                    
 
 
 

‹ Prev All Assam acts Next ›