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Thread: Ministry of Textiles - The Handlooms(Reservation of Articles for Production) Act, 1985

  1. #11
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    Thumbs up The Handlooms (Reservation of Articles for Production) Act, 1985 - Section - 11 - False statement

    The Handlooms (Reservation of Articles for Production) Act, 1985


    Section - 11

    False statement.

    If any person,
    • when required by any order made under section 6 to furnish any information or sample, makes any statement or furnishes any information which is false in any material particular and which he knows, or has reasonable cause to believe, to be false or does not believe it to be true, or fails to furnish such sample or damages or destroys any article from which such sample was required; or
    • When required by the authorised officer under section 7 to produce any books of account, registers, records or other documents, fails to produce, or damages or destroys any such books, registers or other documents,

    He shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees or with both.

  2. #12
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    Thumbs up The Handlooms (Reservation of Articles for Production) Act, 1985 - Section - 12 - Attempt and Abetment.

    The Handlooms (Reservation of Articles for Production) Act, 1985


    Section - 12

    Attempt and Abetment.

    Any person who attempts to contravene or abets the contravention of any order made under section 3 shall be deemed to have contravened that order.

  3. #13
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    Thumbs up The Handlooms (Reservation of Articles for Production) Act, 1985 - Section - 13 - Offences by companies

    The Handlooms (Reservation of Articles for Production) Act, 1985


    Section - 13

    Offences by companies


    (1) Where an offence under this Act has been committed by a company, every person who at the time 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 liable to be proceeded against and punished accordingly; Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

    (2) Notwithstanding anything contained in sub-section (1), where an offence under 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 director, manager, secretary or other officer of the company, such direction, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

    Explanation For the purposes of this section, -

    • "company" means any body corporate and includes a cooperative society registered or deemed to be registered under any law for the time being in force, a firm or other association of individuals; and
    • "director", in relation to a firm, means a partner in the firm.

  4. #14
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    Thumbs up The Handlooms (Reservation of Articles for Production) Act, 1985 - Section - 14 - Offences to be cognizable.

    The Handlooms (Reservation of Articles for Production) Act, 1985


    Section - 14

    Offences to be cognizable.


    Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence punishable under this Act shall be cognizable.

  5. #15
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    Thumbs up The Handlooms (Reservation of Articles for Production) Act, 1985 - Section - 15 - Power to delegate.

    The Handlooms (Reservation of Articles for Production) Act, 1985


    Section - 15

    Power to delegate.


    The Central Government may be order direct that the powers exercisable by it under any provision of this Act other than the power to make orders under section 3 or under section 18 or to make rules under section 19, shall in relation to such matters and subject to such conditions if any, as may be specified in the direction by exercisable also be -

    • such officer or authority subordinate to the Central Government; or
    • Such State Government or such officer or authority subordinate to a State Government, as may be specified in the direction.

  6. #16
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    Thumbs up The Handlooms (Reservation of Articles for Production) Act, 1985 - Section - 16 - Power of Central Government to give directions.

    The Handlooms (Reservation of Articles for Production) Act, 1985


    Section - 16

    Power of Central Government to give directions.


    The Central Government may give such directions as it may consider necessary to a State Government as to the carrying into execution of the provisions of this Act.

  7. #17
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    Thumbs up The Handlooms (Reservation of Articles for Production) Act, 1985 - Section - 17 - Protection of action taken in good faith.

    The Handlooms (Reservation of Articles for Production) Act, 1985


    Section - 17

    Protection of action taken in good faith.


    No suit, prosecution or other legal proceeding shall lie against the Central Government, State Government or any officer or employee of the Central Government or of any State Government or any authorised officer for anything which is in good faith done or intended to be done under this Act or an order made under section 3.

  8. #18
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    Thumbs up The Handlooms (Reservation of Articles for Production) Act, 1985 - Section - 18 - Power to exempt.

    The Handlooms (Reservation of Articles for Production) Act, 1985


    Section -18

    Power to exempt.


    18. (1) If the Central Government is satisfied that the demand for any article or class or articles reserved by an order under section 3 outside India is such that it is not possible for the handloom industry to meet such demand or any such article or class or articles is required to be produced for purposes of research or for the development or markets for such article or class of articles or of the handloom industry generally, it is necessary or expedient so to do, it may, by order published in the Official Gazette, exempt such article or class of articles from the operation of such order, and permit such article or class of articles to be produced by any powerloom solely for the purposes of export or for research by such institutions as may be specified in the order.


    (2) Every order made under this section 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 that validity of anything previously done under the order.

  9. #19
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    Thumbs up The Handlooms (Reservation of Articles for Production) Act, 1985 - Section - 19 - Power to make rules

    The Handlooms (Reservation of Articles for Production) Act, 1985


    Section - 19

    Power to make rules

    (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.


    (2) Every rule made under this Act 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 priod 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 rule or both Houses agree that the rule should not be made, the rule 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 rule.

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