Handlooms (Reservation of Articles for Production) Act, 1985
No: 22 Dated: Mar, 29 1985
The Handlooms (Reservation of Articles for Production) Act, 1985
Act No. 22 of 1985
An Act to provide for reservation of certain articles for exclusive production by handlooms and for matters connected therewith.
Be it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Handlooms (Reservation of Articles for Production) Act, 1985.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Advisory Committee" means the Advisory Committee constituted under section 4;
(b) "handloom" means any loom, other than powerloom;
(c) "manufacturer" includes the producer and processor, and the expression "manufacture" shall be construed accordingly;
(d) "powerloom" means a loom which is worked by power as defined in clause (g) to section 2 of the Factories Act, 1948;
(e) "processor" means a person engaged in any ancillary process subsequent to the production of cloth, such as dyeing, bleaching, mercerising, calendering, embroidering, printing, raising, cloth embossing or any other finishing process, but does not include a, producer, and the expression "process" shall be construed accordingly;
(f) "producer" means a person engaged in the production of cloth on any loom, other than handloom, and shall include a person, who owns, works or operates on, a loom for the production of cloth, and the expression "produce" shall be construed accordingly.
3. Power to specify articles for exclusive production by handlooms. - (1 ) Notwithstanding anything contained in the Industries (Development and Regulation) Act, 1951, the Central Government may, if it is satisfied, after considering the recommendations made to it by the Advisory Committee, that it is necessary so to do for the protection and development of the handloom industry, by order published in the Official Gazette, direct, from time to time, that any article or class of articles shall, on and from such date as may be specified in the order (hereinafter referred to as the date at reservation), be reserved for exclusive production by handlooms.
(2) Every order published under sub-section (1) shall be laid, as soon as may be after it is made before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order 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 order.
4. Constitution of Advisory Committee. - (1) The Central Government shall, with a view to determining the nature of any article or classes of articles that may be reserved for exclusive production by handlooms, constitute an Advisory Committee consisting of such persons as have, in the opinion of that Government, the necessary expertise to give advice on the matter.
(2) The Advisory Committee shall, after considering the following matters, communicate its recommendations to the Central Government, namely:-
(a) the article or class of articles which is being produced by handlooms for mass consumption;
(b) the article or class of articles which is being produced traditionally by handlooms;
(c) the level of employment likely to be generated by the production of the article or class of articles referred to in clause (a) or clause (b) exclusively by handlooms;
(d) the protection of interests of persons engaged in the handloom industry and the need for the continued maintenance of the industry and
(e) such other matters as the Advisory Committee may think fit.