Amendment status not verified — confirm the current text below against the official source.
(1) Every Handicraft Artisan shall contribute to the Fund one tion to the rupee each per month. Fund. (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 contribute 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, 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 contribution 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 authorised 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 employer 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 examini11g. himono1th; (b) requ . ·ing the discovery and production of documents; ( c) recei., ing evidence on affidavit; (cl) issui ·1 g commissions for the examination of wi thncssc ~;. (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 purpu;;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 Industries or an officer not beluw the rank : f Joint Director authorised by him in this behalf 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 records uf any proceed :igs taken by the Director of Industries, or the officer 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 under 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 Provisional 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