Wednesday, 15, May, 2024
 
 
 
Expand O P Jindal Global University

Assam Handicraft Artisans Welfare Fund Scheme, 2000


Published vide Notification No. MI. 160/99/62, dated the 14th February, 2001

ner596

Published in the Assam Gazette, Extraordinary, dated 15.2.2001

Notification No. MI. 160/99/62, dated the 14th February, 2001. - In exercise of the powers conferred by Section 29 of The Assam Handicraft Artisans Welfare Fund Act 1998 (Assam Act. No.7 of 1999), the Governor of Assam is hereby pleased to make the following Scheme, namely :

  1. Short title, extent and commencement.- (1) This Scheme may be called The Assam Handicraft Artisans Welfare Fund Scheme, 2000

(2) It extends to the whole of the State of Assam.

(3) They shall come into force on such date as the Government may, by notification in the Gazette appoint, and different dates may be appointed for different provisions of the Scheme :

Provided that the provisions relating to payment of pension shall be deemed to have come into force on such date as may be appointed by the Government by Notification in the official Gazette for bringing into force of the Act under section 1 (3) of the Assam Handicraft Artisans Welfare Fund Act, 1998.

  1. Definitions.- In this Scheme, unless the context otherwise requires :-

(a) "Act" means The Assam Handicraft Artisans Welfare Fund Act, 1998;

(b) "Rules" means The Assam Handicraft Artisans Welfare Fund Rules, 2000;

(c) "Form" means the form appended to this Scheme ;

(d) All other words and expressions use herein and not defined but defined in the Act and rules shall have the meanings respectively assigned to them in the Act and the Rules.

Registration

  1. Registration of Handicraft Artisans, Self Employed Persons, Employers, Dealers and producers of handicraft products.- (1) Every Handicraft Artisan who desires to become a member of the fund shall, within 90 days of commencement of this Scheme, apply to the Chief Executive Officer or any other officer authorised by the Board in this behalf in Form No.l on payment of an application fee of Rs.5.00 (Rupees Five) only. The applications shall be accompanied by 3 copies of recent passport size photograph duly attested by a government Gazetted Officer.

(2) The nomination of the beneficiary in the application may, subsequent to the allotment of membership number, be altered at any time by request in writing sent by registered post or delivered in person to the Chief Executive Officer.

(3) Every dealer or Producer of Handicraft Products shall, with in 90 days of commencement of this Scheme, apply to the Chief Executive Officer or any other officer authorised by the Board on payment of a fee of Rs. 20.00 (Rupees Twenty) only for registration as dealer or Producer of Handicraft Products as the case may be, in Form No.2 along with his self assessed contribution for 1 month, equivalent to 1/12th of 1 per cent of their sale proceeds for the year.

(4) Every employer shall, within 90 days of commencement of this Scheme apply to the Chief Executive Officer or any other officer authorised by the Board for registration in Form No.3 along with his self assessed employer's contribution for the month at the rate of Rs. 2.00 (Rupees two) only per Handicraft Artisan employed by him and the employees contribution for 1 month at the rate of Re. 1.00 (Rupee One only) per artisan employed by him:

Provided that in the case of a Handicraft Co-operative Society or Non-Governmental Organisation which employes Handicraft Artisans, the employers' contribution will be Re. 1.00 (Rupee One) per artisan.

(5) A person who becomes a Handicraft Artisan or self-employed person or employer or Producer of Handicraft Products or dealer of handicraft products subsequent to the commencement of the Scheme, shall apply to the Chief Executive Officer or any other officer authorised by the Board for registration in the appropriate category within 30 days of his starting the avocation in such form as may be applicable in respect of him as provided for this category along with the fees and contribution as may be applicable to him under this Scheme.

(6) The Board may, if it deems necessary, extend the time-limit prescribed for applying for registration.

(7) On receipt of application for registration from the handicraft artisans or self-employed person the Chief Executive Officer or the authorised officer in this behalf shall after conducting such inquiries as may be necessary, allot and communicate to the applicant registration number as 'member' of the fund or reject the application intimating him in writing the reasons thereof.

(8) (a) As soon as the registration number as member is issued to the Handicraft Artisans 'Identity Card' affixing his photograph shall also be issued to him in Form No. 7 by the Chief Executive Officer ;

(b) In the event of lose or damage of the Identity Card, the member shall immediately intimate the same to the Chief Executive Officer requesting him to issue a duplicate thereof. After conducting such inquiry, if the Chief Executive Officer is satisfied, he may issue a duplicate Identity Card to the member.

(9) Any Handicraft Artisan or self employed person aggrieved by the order of rejection may, within 60 days of receipt of the order, appeal to the Chairman, District Level Advisory Committee constituted under paragraph 6(ii) of the Scheme against the order of rejection.

(10) On receipt of the appeal Chairman, District Level Advisory Committee may, after conducting such inquiries as may be necessary, accept or reject the appeal as the case may be and if accepted, the matter may be referred to the Board.

(11) Pending allotment of registration number as a member, the self employed person shall continue to make his monthly contribution at the rate of Re. 1.00 (Rupee One) per month before the 5th of every month.

(12) On receipt of application for registration from the Handicraft Artisans, employer or Producer of Handicraft Products or dealer, the Chief Executive Officer or the authorised officer of the Board shall allot registration number as Handicraft Artisans, employer, producer of handicraft products or dealer as the case may be.

Time and Manner of Payment of Contribution to the Fund

  1. Manner.- (1) Every employer or Producer of Handicraft Products or dealer shall within the time limit specified in the Scheme, apply for registration to the Chief Executive Officer or any other officer authorised by the Board in this behalf with such details as specified in the scheme or the form of application for registration.

(2) The Chief Executive Officer or any other officer authorised by the Board in this behalf, shall after considering the application for registration and connected papers and after making such inquiry as may be necessary and after giving the person, Co-operative society, Non-Governmental Organisation liable to pay contribution or the officer of the company in charge of the conduct of the business of the company liable to pay contribution, an opportunity of being heard, determine the amount of contribution due from every employer, or dealer or Producer of Handicraft Products and intimate it in writing by letter sent by registered post or under certificate of posting or delivered through messenger :

Provided that The Chief Executive Officer or any other officer authorised by the Board in this behalf may, even without any application for registration after calling for accounts, registers and other records as he deems necessary, and after giving the person concerned an opportunity of being heard, determine the amount of contribution due from every employer, or dealer or Producer of Handicraft Products and intimate the same in accordance with this Scheme.

(3) Every employer or Producer of Handicraft Product or dealer shall, pending allotment of registration number and receipt of orders determining the contribution, continue to pay on or before 6th of every month, 1/12th of his self assessed annual contribution and the monthly contribution due from the handicraft artisans employed by him.

(4) After the annual contribution is determined by the Chief Executive Officer or the officer authorised in this behalf and pending disposal of appeal or revision petition, if any, filed by him, the employer or producer of handicraft product or dealer shall continue to pay before the 5th of every month 1/12th of the annual contribution as determined by the authorised officer, together, with arrears, if any.

(5) Every employer or Producer of Handicraft Products or dealer shall, before 30th June every year, file before the Chief Executive Officer or any other officer authorised by the Board in this behalf, annual returns for the year ended with 31st March in the form specified under the Scheme, along with such other records as indicated in such form. Arrears of contribution, if any, shall be paid before filing of returns and the receipt for such payment or copy thereof enclosed along with the returns.

(6) The Executive Officer or any other officer authorised by the Board in this behalf, after scrutiny of the returns and after conducting inquiry as may be necessary and calling for additional records or details as he may deem necessary, pass orders finally assessing the contribution due for the year.

(7) When the contribution is not paid on the due date the Executive Officer or other officer authorised by the Board may issue notice for payment or arrears due and if the same is not paid with in 15 days of receipt of such notice, such amount may be recovered in the manner as mentioned in section 13 of the Act.

(8) The requisition for recovery of such arrear revenue shall be signed by the Chief Executive Officer or any other officer authorised by the Board in this behalf.

(9) All payments to the Fund shall be made in case to Chief Executive Officer or the Officer authorised by the Board in this behalf or by demand drafts drawn in favour of the Chief Executive Officer to which due receipts shall be issued.

(10) A Handicraft Artisan or a self employed person may discontinue his contribution to the Fund when he completes the age of 60 years or if the becomes permanently unable to work due to infirmity.

  1. (A) Recovery of Handicraft Artisans contributions.- (1) The employer or Producer of Handicraft Products or dealer shall deduct the contribution payable by the Handicraft Artisan , for every month from the wages paid to him during the month.

(2) If, during any particulars month, such deductions could not be made for valid reasons such as non-payment of any wages during the month, clerical mistake etc. the employer or producer of handicraft products or dealer may with the prior approval of the officer authorised by the Board in this behalf make such deductions from the wages payable during the next month.

(3) Any sum deducted from the wages of the handicraft artisan by an employer or producer of handicraft products or dealer shall be deemed to have been entrusted to him for the purpose of paying the contribution for the payment of which the sum was deducted.

(4) The employer or producer of handicraft products or dealer shall remit the contribution deducted from the wages of the artisans along with his own contribution to the Fund on or before the 5th of the succeeding month, a statement in Form No.4 shall also be filed along with the remittance.

(5) The contribution from the Handicraft Artisan shall be deducted from the wages and remitted to the Fund irrespective of whether the handicraft artisan has been allotted registration number or not, by the Board :

Provided that the contribution from the Handicraft Artisans need not be deducted from the wages and remitted to the Fund, if he has not applied for membership or registered as such member as the case may be, in the Fund or if the worker has completed the age of 60 years or has become unable to work due to infirmity or has suffered from permanent disablement and is out of employment before coming into force of the Act.

(6) All remittance payable to the Fund shall be rounded off the next nearest rupee.

(7) Producer of Handicraft Product or dealer shall be liable to deduct from the wages the contribution due from the Handicraft Artisan employed by him and remit the same to the fund.

(8) (i) More than one member of a family can be registered a self employed person if he / she comes within the definition of self-employed person in the Act.

(ii) Self employed person shall remit his monthly contribution before the 5th of every month. He may, however, remit his contribution half yearly in advance.

(B) Levy of fines etc. for default of payment of dues. - (1) In case of default of payment of any dues to the Fund by Handicraft Artisan, self-employed person, employer or producer of handicraft products or dealer, the Board may, subject to the provisions in the Scheme, levy fines or damages @ 25% of such dues per month.

(2) The Board may, with the prior approval of the Government, delegate the powers to levy fine or damages to the Chief Executive Officer.

(C) Recovery of dues. - Any Amount due to the Fund from Handicraft Artisan, self-employed person, employer or Producer of Handicraft Products or dealer is recoverable as if it were arrears of land revenue due on land and the Chief Executive Officer or any other officer authorised by the Board shall be competent to sign the requisition for recovery of such arrear Revenue Recovery for the purpose.

(D) Power to call for records. - (i) Every employer or Producer of Handicraft Products or dealer shall, whenever the Chief Executive Officer or any other officer authorised by the Board in this behalf so require either in the person or by notice in writing, produce before the Chief Executive Officer or such officer, as the case may be, his books of accounts, stock register and other records connected with his handicraft products business and the records of the Handicraft Artisans under him for verification and shall deliver such records to such officer who may, if he thinks fit, retain any record after getting a receipt thereof.

(ii) The Chief Executive Officer or any other officer authorised by the Board shall be competent to enter the premises of any employer or Producer of Handicraft Products or dealer and so search an seize any records of employment, books of accounts or stock registers or connected records in connection with the handicraft products business.

(E) Employer not to reduce wages etc. - Notwithstanding any contract to the contrary, no employer or producer of handicraft products or dealer shall reduce whether directly or indirectly the wages or the total quantum of benefits, express or implied, of any handicraft artisan to whom the scheme applies by reason only of his liability to pay contribution to the Fund:

Provided however, that the employer or producer of handicraft products or dealer shall be competent to recover the employees contribution only from the wages payable to the handicraft artisans in accordance with the Scheme.

(F) Refund of contribution. - The contribution to the Fund is refundable otherwise by way of refund ordered on scrutiny of annual return of accounts or on refusal of membership and on such refund no interest shall be payable:

Provided that any contribution made in excess of what is due to be paid by a Handicraft Artisan or self employed person or employer or Producer of Handicraft Products or dealer in accordance with the rules an the Scheme, may be adjusted against future contribution.

(G) Appellant Authority. - (1) Any person, Co-operative Society, Non-Governmental organisation or company aggrieved by the order of the Board may with in 30 days of receipt of the order, file a revision petition before the Government. The Government may, suo motocall for records of any proceedings taken by the Chief Executive Officer or the authorised officer or the appellate authority, conduct an inquiry as they deem fit and after giving the aggrieved person, Co-operative Society, Non-Governmental organisation or company an opportunity of being heard, pass such orders as they deem fit.

(2) Before filing appeal or revision petition, the employer or Producer of Handicraft Products or dealer shall pay the balance contribution, with interest and other damages, if any, failing which the appeal or revision as the case may be, shall not be entertained.

District Level Officer and Advisory Committee

  1. (i) District Officer.- The Government shall designate an officer from the District Industries and Commerce Centre not below the rank of Assistant Manager as the District Officer for the purposes of the Scheme.

(ii) District Advisory Committee. - The Government shall constitute for each district an Advisory Committee consisting of not less than 3 (three) members with the General Manager of the Concerned District Industries and Commerce Centre as its Chairman and the District Officer designated as such under the scheme and also a Handicraft Artisan belonging to the concerned district as member for the purposes of consultation referred to in Para 3(9) of the Scheme.

Administration of Fund

  1. (A) Maintenance of Accounts.- (i) The Chief Executive officer shall keep proper register of Handicraft Artisan, employer, producer and dealer from whom the cash or draft and contributions are to be received monthly. He shall exercise close watch over the receipt of the cash/demand drafts, contributions and other receipts. As soon as the cash/demand drafts, contributions and other payments are received, the date of receipt and the amount shall be recorded in the register after checking the correctness of the amount remitted. The detail of the demand draft may be entered in the register of valuables and forwarded to the bank for collection forthwith.

(ii) The Chief Executive Officer or any other officer authorised by the Board to receive contributions and remittances of any nature whatsoever shall deposit on the day of receipt or on the net working day any money received by him to the credit of the Fund, in specified branch/Bank as authorised by the Board.

(iii) All officers authorised to receive money on behalf of the Fund shall forward weekly statement of receipt and remittance in the Bank or Treasury as the case may be, to the Chief Executive Officer on the last working day of the week.

(iv) On the 15th of every month, the Chief Executive Officer shall check the register to ascertain whether the contribution due to be received from the Handicraft Artisans, employers, producers and dealers have been received. In the event of not receipt of the due by the due time, immediate action shall be taken to recover the amount by the Chief Executive Officer.

(v) All financial transactions shall be recorded in the Cash Book.

(vi) The Chief Executive Officer shall operate the Bank Account of the Board.

(vii) The Board shall review the position of balance of amount and all accounts relating to the fund every quarter of a year.

(B) Budget. - (i) The Annual Budget shall be prepared and placed before the Board by the Chief Executive Officer for necessary approval.

(ii) The Board in its meeting with required quorum shall approve the Budget with or without necessary modifications or suggestions as may deem fit.

(iii) The Board may re-orient the Budget or make necessary change, in subsequent meetings, if situation so demand.

(C) Audit of Accounts. - (i) The accounts of the Board shall be examined and audited once in every year.

(ii) The remuneration of the auditors shall be paid by the Board.

(iii) The Annul Report and audited Statement of Accounts of the Board after approval by the Board shall be submitted to the Government with in 31st July every year.

(D) Submission of Report. - (i) Annual Statement of Accounts shall be submitted to the Government immediately after the same is approved by the Board.

(ii) The Board shall submit reports to the Government, as asked for, from time to time.

(iii) The reports may be signed by the Chief Executive Officer.

(E) Investment from the Fund. - (i) The Board may invest any amount, as deemed justified, in some value added and secured schemes such as schemes introduced by LICI, IDBI, ICICI, Unit, Trust etc. from time to time.

(ii) The additional income generated from such investment will also be treated as income of the Fund.

  1. Register to be kept and Filing of annual returns by employer, producer and dealer.- (i) Every employer or Producer of Handicraft Products or dealer shall file before the Chief Executive Officer or any other officer authorised in this behalf, his annual return of contribution, in Form No.5, before 30th June and the Chief Executive Officer or the authorised officer, shall after scrutiny of such records and after making such inquiries as may be deemed necessary and after hearing the person concerned, if necessary, make final assessment of contribution payable by him and pass appropriate orders in accordance with the Act, Rules and the Scheme.

(ii) Every employer or Producer of Handicraft Products or dealer shall maintain Cash Book, Ledger Book, Stock Register, Acquitence Register of the employees, Register for contribution deducted and deposited and other Books/Registers as required.

Utilisation of Fund

  1. (A) Administrative Expenses.- (1) Subject to the provisions of the Act, the Rules and the Scheme, the Board shall administer the fund and implement the Act, Rules and the Scheme.

(2) All expenses for administering the fund, including the fees and allowances payable to the members of the Board, salaries and leave and joining time allowances, travelling and compensatory allowances ; gratuities, pension, contribution to the provident fund and other benefit funds entitled to the employees of the Board, the cost of audit of accounts, legal, expenses, cost of books, stationery and printing, postage, telephone and telegram charges, all expenses connected with construction of or hiring of buildings, purchases, maintenance and running expenses of vehicles, expenses for hiring of vehicles, advertisement, payment of rent, rates and taxes and all other establishment charges shall be met from that part of the fund set apart and earmarked by the Board as Administration Fund.

(3) The Board shall be competent to decide the amount to be set apart as Administration Fund subject to a ceiling of 25% of anticipated total receipt for the first year of operation of fund and 25% of the actual receipt of the previous year for the subsequent year:

Provided that the Government may for valid reasons enhance or reduce the 25% ceiling in any particular year.

Provided also that 25% of the income accrued through interest etc. from the investment may be used for the general administration expenses of the Board.

(B) Welfare Measures. - After setting apart the money for the Administration Fund as provided under Para 9(2) and (3) above, the remaining part of the money, in the fund shall be utilised for carrying out the following welfare measures:

(1) For payment of pension. - (i) persons eligible for assistance under this item are :

(a) a member of the Fund, who has completed the age of 60 years or who is unable to work due to old age or infirmity, provided he had valid membership at the time of completing of 60 years or occurrence of infirmity; and

(b) a person, who, before commencement of the Act was a handicraft artisan or self employed person, and who has completed the age of 60 years or who suffers permanent disablement and is out of employment.

(ii) A person under category (i) (b) above shall produce along with his application his old Employees State Insurance Card or provident fund record or identity Card or certificate or letter of discharge from the employer under whom he was working and in the absence of any of these, a certificate from the Gaon Panchayat or the Town Committee or Municipality where the applicant resides, to the effect that he was a Handicraft Artisan or a self employed person who was engaged in the manufacture of handicraft product for his livelihood.

(iii) Applicant for pension on ground of inability to work owing to infirmity or permanent disablement shall produce a medical certificate issued by a qualified Medical Practitioner in government service not below the rank of an Assistant Surgeon to the effect that the applicant is unable to work due to infirmity or permanent disablement.

(iv) Applicant for pension for those, who have completed the as age of 60 years shall produce extract of school records, if available to prove his age. In the absence of school records, a certificate from a qualified medical practitioner in government service not below the rank of an Assistant Surgeon, to the effect that the applicant has completed 60 years of age will be sufficient.

(v) Pension to persons under category (i) (b) shall be payable with effect from such the date as may be appointed by the Government by Notification in the Official Gazette for bringing into force of the Act under section 1(3) of the Act and the arrears till the date of sanction will be paid along with the first payment of pension.

(vi) Payment of pension to persons under category (i) (a) shall be payable from the month succeeding the month in which the handicraft artisan/self employed person completed the age of 60 years or become unable to work due to infirmity or permanent disablement and arrears till the date of sanction will be paid along with the first payment of pension.

(vii) A member of the Fund or a Handicraft Artisan eligible for pension under this Scheme shall be entitled to a monthly pension at the rate specified in the Schedule appended to this Scheme.

(viii) The pension shall be sent by money order to the pensioner, as far as possible, on the first working day of the succeeding month. The money order charges will be met by the Board.

(ix) The pension shall cease to be payable in the event of death of the pensioner. Arrears of pension, if any, shall be paid to the surviving spouse and in the absence of surviving spouse to the legal heirs.

(x) The pensioner shall produce a life certificate as on the 31st March of every year issued by the Gaon Panchayat or the Town Committee or Municipality of the place of his residence or any Gazetted Officer in the State Government service. Pension for the month of April every year and thereafter shall be paid only on the receipt of the life certificate.

(xi) A pensioner who has not completed 60 years of age and who is in receipt of pension on ground of permanent disability, shall produce as 31st March of every year, a certificate from a qualified medical practitioner in government service not below the rank of an Assistant Surgeon, to the effect that he is unable to do any work connected with handicraft industry. Pension for the month of April every year and thereafter shall be paid only on the receipt of the medical certificate.

(xii) Any person who is in receipt of pension under any other Scheme or from any other source shall not be eligible for pension under this Scheme.

(xiii) No claim for pension under this Scheme shall be entertained by the Board in respect of a member who has failed to pay his contribution or other dues in time or defaulted payment of contribution or other dues payable to the Fund in respect of him, unless the arrear dues and fine with interest thereon or other damages as may be fixed by the Board are paid with in such time fixed for this purpose by the Board.

(2) For payment of family pension.-(i) Persons eligible for assistance under this item are:

(a) spouse of a deceased handicraft artisan or a self employed person who had valid membership in the Fund at the time of his death ; and

(b) the spouse of a pensioner under the scheme.

(ii) The family pension shall be paid only to the spouse who are nominated by the member or pensioner as the case may be. In the absence of such nomination the surviving spouse shall produce a certificate from the Gaon Panchayat or the Town Committee or Municipality of the place of residence of the member to the effect that the applicant is the surviving spouse of the deceased member or pensioner as the case may be. If there is more than one living spouse and if there is no nomination, the family pension shall be divided equality among them on production of heirship certificate.

(iii) The persons eligible for pension under this Scheme shall be entited to a monthly pension at the rate specified in the Schedule appended to this Scheme.

(iv) The family pension to the spouse of a deceased member shall become payable from the month in which the death of the member took place.

(v) Family pension to the spouse of a pensioner shall become payable from the month following the month in which pension was last paid to the pensioner.

(vi) Arrears, if any, as on the date of sanction shall be paid along with the first payment of family pension.

(vii) The family pension shall cease to be payable in the event of death or remarriage of the family pensioner.

(viii) The family pension shall be sent by money order as far as possible, on the fist working day of the succeeding month. The money order charges shall be met by the Board.

(ix) Family pensioner shall produce a life certificate as on the 31st March of every year issued by the Gaon Panchayat or the Town Committee or Municipality of the place of residence of the family pensioner or any Gazetted Officer in the State Government service. The family pension for the month of April every year and thereafter shall be paid only on the receipt of the life certificate.

(x) A husband/wife/legally separated from the handicraft artisan before his /her demise shall not have any claim to receive the family pension.

(xi) Any person who is in receipt of pension under any other scheme or from any other source shall not be eligible for family pension under this scheme.

(xii) No.claim for family pension under this Scheme shall be entertained unless the provisions under paragraph (B)(1) (xiii) are fulfilled in respect of the concerned member.

(3) For payment of financial assistance to a member who suffers from permanent or temporary disablement. - (i) The assistance under this item will be in the form of grant.

(ii) It shall be paid only to a member who had valid membership at the time of occurrence of disablement.

(iii) The amount of financial assistance in the event of permanent disablement incapacitating the handicraft artisans or self employed person from continuance of his work will be 2500.00 (Two Thousand Five Hundred) only or an amount equal to Rs. 100.00 (One Hundred) only per month for the number of months remaining for the handicraft artisan or self employed person concerned to complete 60 years of age whichever is less. The assistance under permanent disablement shall be paid only once in the life time of a member.

(iv) The amount of assistance for temporary disablement will be at the rate of Rs. 100.00 (One Hundred) only per month during the period of disablement subject to a ceiling of Rs. 300.00 (Three Hundred) only in a year. No assistance under this item will be available if the period of disablement is for less than one month.

(v) The financial assistance under permanent or temporary disablement shall be paid only against certificate issued by a qualified medical practitioner in government service not below the rank of Assistant Surgeon.

(vi) The handicraft artisan or self employed person who is in receipt of financial assistance for permanent disablement shall also be eligible for monthly pension under permanent disablement.

(4) For payment of exgratia financial assistance to the spouse of a member meeting with fatal accident. - (i) The amount of assistance under this item shall be Rs. 5000.00 (Five Thousand) only and shall be in the form of grant and shall be available in the event of death by or as result of an accident arising in course of his employment as a Handicraft Artisan.

(ii) The assistance shall be available to the spouse of a member who had valid membership at the time of occurrence of the fatal accident.

(iii) The financial assistance under this item shall be payable to the spouse who was nominated by the member. In the event of the member dying without nomination the assistance shall be paid only on production of heirship certificate. If there is more than one living spouse, as per the heirship certificate the amount shall be divided equally among them.

(iv) Along with the claim of grant under this provision of the claimant shall have to produce valid proof regarding the death of the member cause due to the fatal accident during the course of his employment as Handicraft Artisan to the best of satisfaction of the authority.

(5) For payment of financial assistance to meet the expenses in connection with the funeral of the father, mother, spouse or children of the member. - (i) The assistance under this item will be Rs. 200.00 (Two Hundred) only in each case and will be in the form of grant.

(ii) It shall be paid only to a member who had valid membership

(6) For reimbursement of medical expenses of the member of his family. - (i) The assistance under this item will be in the form of grant and will be limited to Rs. 350.00 (Three Hundred Fifty) only in a year.

(ii) The assistance under this item will be available only for the medical treatment of the member, his/her father, mother, spouse, sons, daughters and dependent grand children :

Provided that the assistance will not be available to sons or daughters who have married and settled as separate families.

(iii) The amount will be reimbursed only against bills certified by qualified medical practitioner in government service not below the rank of Assistant Surgeon.

(iv) The assistance under this item shall be not be available to a member who is eligible for medical assistance under any other scheme like Employees State Insurance Scheme.

(7) For the payment of scholarship/stipend for post metric education. - (f) The assistance under this item will be available to the children of the members having valid membership at the time of application for undergoing post metric education including vocational and technical training subject to a ceiling of Rs. 500.00 (Five Hundred) only per annum per student. In the case of the children studying in Engineering or Medical or veterinary or Agricultural Colleges, the annual limit will be Rs. 1500.00 (One Thousand Five Hundred) only. If both the spouses are member of the Fund assistance will be available to any one of the spouses only.

(ii) The assistance will be in the form of grant.

(iii) Subject to prior approval of the Government, the Board shall earmark the annual provision of funds under this item for each category of course and the assistance in any year will be limited to the funds so set apart.

(iv) The criterion for selection of scholars will be the marks obtained in the qualifying examination for selection to the course.

(v) The scholarship/stipend will be discontinued in the event of the student failing in any year.

(vi) Those who are in receipt of Scholarship/stipend under any other scheme shall not be eligible for assistance under this item.

(8) For the payment of financial assistance for maternity purposes to a woman member.-(i) The financial assistance under this item will be Rs. 300.00 (Three Hundred) only at a time.

(ii) The assistance will be in the form of grant and will be extended only to woman members having valid membership.

(iii) Assistance under this item shall not be available to a woman member eligible for maternity benefits under any other scheme.

(9) For payment of financial assistance for the marriage of daughter of the member.-(i) The assistance under this item shall be available only to a member having valid membership.

(ii) The amount of assistance will be Rs. 1000.00 (One Thousand) only in each case and shall be in the form of grant.

(iii) The assistance under this item will be available only once for the marriage of any daughter unless the second marriage is owing to the death of the first husband.

This will not preclude her from getting any assistance in this regard from the Government or any other source.

(10) To provide for distress relief to the family of any member effected by natural calamities and epidemics.-(1) Natural Calamities-

(i) Persons eligible for assistance under this item are:

(a) Those all of whose properties have been totally washed out by the flood.

(b) Those all of whose place of living and the place of working is under flood water for more than 3 months continuously and the artisan is out of work drawing these days.

(c) Those all of whose production system /machinery and equipments are completely damaged due to flood.

(d) a member of the Fund, whose place of living and the place of working have been destroyed by an earth quake.

(ii) The maximum assistance under this item will be in case of (i) (a)Rs. 500.00 (Five Hundred); (i) (b) Rs. 300.00 (Three Flundred); (i) (c) Rs. 300.00 (Three Hundred); and (i) (d) Rs. 400.00 (Four Hundred), and shall be in the form of grant.

(iii) The assistance under this item shall be available only to a member having valid membership.

(iv) For claiming the assistance, an Assessment Certificate from the Circle Officer and counter signed by the Additional Deputy Commissioner (Development) or Sub-Divisional Officer (Civil) shall be submitted along with the application.

(v) The Board has the right to accept, determine the quantum of assistance to be given or reject the application :

Provided that the Government may for valid reasons enhance the ceiling. (vi) Any person who is in receipt of relief etc. under any other scheme or from any other source shall not be eligible for assistance under this item.

(2) Epidemic.-

(i) The assistance under this item will be in the form of grant and will be limited to Rs. 350.00 (Three Hundred Fifty) only in a year.

(ii) The assistance under this item will be available only for the medical treatment of the member, his/her father, mother, spouse, sons, daughters and dependent grand children:

(iii) The amount will be reimbursed only against bills certified by a qualified medical practitioner in government service not below the rank of Assistance Surgeon.

(iv) The assistance under this item shall not be available to a member who is eligible for medical assistance under any other scheme like Employees State Insurance Scheme.

  1. Monetary Limit for financial assistance.- The Board may with the prior approval of the Government increase or reduce the monetary limit of financial assistance for any or all the type of assistance listed in the scheme.
  2. Formulation of other schemes of financial assistance.- The Board may, formulate and implement, with the prior approval of the Government, other schemes of financial assistance for purposes such as off season expenses, construction or maintenance of houses, nurseries and creches, facilities for part-time employment to members and any other purpose provided in the Act or Rules.
  3. Application for financial assistance.- Application for financial assistance under then scheme shall be made in the form No. 6 along with the certificates, specified under each item or any other certificate as may be prescribed by the Board.
  4. Sanctioning of Assistance.- (1) The financial assistance under this scheme shall be sanctioned by the Board.

(2) The Board may, with prior approval of the Government, delegate the power of sanction of any or all of the financial assistance to the Chief Executive Officer or any other Officer/Officers of the Board.

  1. Appeal against rejection of application for assistance.- Appeal against rejection of application for assistance by officers shall be made to the Board within 30 days of receipt of orders communicating rejection of application and the Board shall dispose of the such appeals with in a period of 3 months of receipt.
  2. Revision of forms.- The Board may, if found necessary, revise any of the Form and prescribe production of additional certificates/records along with such forms.
  3. Duties and function of the Chief Executive Officer and District Officers.- (1) Duties And Function of the Chief Executive Officer.- Subject to the provisions of the Act, the Rules and the Scheme the Chief Executive Officer shall have also the following functions and powers, in addition to his duties and functions as provided under the Rules, namely :

(a) to maintain separate registers

(i) of handicraft artisans and self employed persons enrolled as members of the Fund ;

(ii) of employers;

(iii) of dealers ;

(iv) of producers of handicraft products.

(b) to determine the amount due from every employer or dealer or producer of handicraft products as contribution to the Fund ;

(c) to receive all returns, forms and declarations provided for under the rules and the scheme ;

(d) to call for information from an give direction to handicraft artisans, self employed persons, employers, dealer and producer of handicraft products for the proper administration of the fund and implementation of the scheme ;

(e) to require production of registers, records account or other documents necessary for the administration of the fund and implementation of the scheme from any person having custody of such registers, records accounts or other documents ;

(f) to receive all moneys on behalf of the Fund and to effect recoveries ;

(g) to maintain accounts of the Fund ;

(h) to executive contract, deeds and other documents for and on behalf of the Board ;

(i) to prepare and present the budget of the Fund to the Board ;

(j) to make budgetary re-appropriation subject to the provisions of the scheme ;

(k) to draw and disburse pension, family pension and all other type of assistance sanctioned by the Board, subject to the provision of the scheme;

(l) to prepare Annual Statement of Accounts, get it audited and placed the same before the Board in every financial year ;

(m) to be Controlling Officer of all the staff working under him and to exercise disciplinary powers over them ;

(n) to do such other things as may bedirected by the Board.

(2) Duties And Function to District Officer. - Subject to the provisions in the Act, the Rules and the Scheme the District Officer shall have the following functions and powers, in respect of the concerned district namely :-

(a) to maintain separate registers

(i) of handicraft artisans and self employed persons enrolled as members of the Fund ;

(ii) of employers ;

(iii) of dealers;

(iv) of producers of handicraft products

(b) to record the amount due from every employer or dealer or producer of handicraft products as contribution to the Fund ;

(c) to record the amount due from every employer or dealer or producer of handicraft products as contribution to the Fund ;

(d) to receive all returns, forms and declarations provided for under the rules and the scheme ;

(e) to call for information from and give directions to handicraft artisan, self employed persons, employers, dealers and producer of handicraft products for the proper administration of the fund and implementation of the scheme ;

(f) to require production of registers, records, accounts or other documents necessary for the administration of the fund and implementation of the scheme from any person having custody of such registers, records, accounts or other documents ;

(g) to receive all moneys on behalf of the Fund and to effect recoveries;

(h) to remit the contribution amount from the handicraft artisans, self employed persons, employers, dealers and producer of handicraft products whatever in form of cash or bank draft to the Chief Executive Officer immediately along with the relevant document keeping record in his register ;

(i) to assist the Chairman, District Level Advisory Committee ;

(j) to do such other things as may be directed by the Chief Executive Officer.

Schedule

Quantum of Pension

[See Section 3 (4) (a) and (b) of the Act]

[See para 9 (B) (l)(vii) and 9 (B)(2)(iii) of the Scheme]

(A) Subject to Paragraph 9(B)(l)(i)(a) of the Scheme a member of the Fund shall be entitled to receive pension from and out of the Fund an amount at a rate depending upon the duration of his membership as specified below :

05 Years standing Rs 100.00 Per Month
06 Years standing Rs 110.00 Per Month
07 Years standing Rs 120.00 Per Month
08 Years standing Rs 130.00 Per Month
09 Years standing Rs 140.00 Per Month
10 Years standing Rs 150.00 Per Month
11 Years standing Rs 160.00 Per Month
12 Years standing Rs 170.00 Per Month
13 Years standing Rs 180.00 Per Month
14 Years standing Rs 190.00 Per Month
15 Years standing Rs 200.00 Per Month
16 Years standing Rs 210.00 Per Month
17 Years standing Rs 220.00 Per Month
18 Years standing Rs 230.00 Per Month
19 Years standing Rs 240.00 Per Month
20 Years standing Rs 250.00 Per Month
21 Years standing Rs 260.00 Per Month
22 Years standing Rs 270.00 Per Month
23 Years standing Rs 280.00 Per Month
24 Years standing Rs 290.00 Per Month
25 Years standing Rs 300.00 Per Month
26 Years standing Rs 310.00 Per Month
27 Years standing Rs 320.00 Per Month
28 Years standing Rs 330.00 Per Month
29 Years standing Rs 340.00 Per Month
30 Years standing Rs 350.00 Per Month

(B) A Handicraft Artisan who have attained or crossed the age of 55 years on the date of coming into force of the Act shall be entitled to receive pension from and out of the Fund an amount at the rate of Rs.100.00 per month on completion of his 60 years of age; provided such Handicraft Artisan registers himself as a member of the Fund and make necessary contribution to the Fund in time as per the Scheme.

(C) A member of the Fund who has become infirm or suffered from permanent disablement before completion of his membership for a period of 5 years, shall be entitle to receive pension as if he has completed the membership for a period of 5 years.

(D) A person, who before the commencement of the Act, was a Handicraft Artisan and completed the age of 60 years or who suffers from permanent disablement and is out of employment shall be entitled to receive pension at the rate of Rs. 100.00 per month.

Handicraft Artisans Welfare Fund Board, Assam

(A Government of Assam Undertaking)

Head Office : Udyog Bhawan, Bamunimaidan, Guwah Ati-781021

Form No-1

Application For Membership Registration For Handicraft Artisans

  1. Applicant's Name
  2. Male /Female
  3. (a) Present Age

(b) Date of Birth

  1. Father's/Husband's Name
  2. Permanent Address

(a) House Name/No

(b) Name of the Road

(c) Village

(d) Post Office

(e) District

(f) Pin Code No.

(g) Mouja

(h) Panchayat/Town Committee/Muni, Corpn.

(i) Ward No.

(j) Block

  1. Present Address

(a) House Name/No.

(b) Name of the Road

(c) Village

(d) Post Office

(e) District

(f) Pin Code No.

(g) Mouja

(h) Panchayat/Town Committee/Muni, Corpn.

(i) Ward No.

(j) Block

  1. Married/Unmarried
  2. Total family member

Name              Age              Relation

  1. No. of the Family Welfare Card, if any
  2. Nature or name of Handicraft product(s)/ item(s) the artisan is engaged with
  3. Whether self employed or employee
  4. If self employed

(a) Unit's Name

(b) Name of the Road

(c) Village

(d) Post Office

(e) District

(f) Pin Code No.

(g) Engaged in this work since

(Date)

  1. If employed by other(s)

(a) Name of the Employer

(b) Unit's Name

(c) Name of the Road

(d) Village

(e) Post Office if) District is) Pin Code No

(h) Registration, if any

(i) Date of appointment

  1. Whether the applicant is engaged with other job
  2. Annual income from the craft
  3. Annual income from other source
  4. Whether the applicant is member of any other welfare fund, if yes

(a) Name of the welfare fund

(b) Membership since when

  1. Whether the applicant is receiving any other pension, if yes

(a) Name of the pension

(b) Monthly pension amount

The information given above are true to the best of my knowledge and belief.

Applicant's signature/Left hand thumps impression

Place:

Date:

Nomination Of Heir

I hereby nominate my wife/husband....................... (Name and full address) to receive the eligible pension/financial assistance from the Handicraft Artisan Welfare Fund Board, Assam after my death.

Place :

Date ;

Applicant's signature/left hand thumps impression

First Witness                      Second Witness

  1. Name
  2. House No.
  3. Name of the Road
  4. Village/Town
  5. Post Office
  6. Pin Code No.
  7. Signature

For Office Use

Handicraft Artisans Welfare Fund Board, Assam

(A Government of Assam Undertaking)

Head Office : Udyog Bhawan, Bamunimaidan, Guwah Ati-781021

Form NO-2

Application For Registration For Producer/dealer Of Handicraft Products

  1. Applicant's Name
  2. Permanent Address

(a) House Name /No.

(b) Name of the Road

(c) Village

(d) Post Office

(e) District

(f) Pin Code No.

(g) Panchayat/town Committee/Muni.Corpn.

(h) Ward No.

(i) Block

  1. Name of the Firm/unit
  2. Present Address

(a) Name of the Road

(b) Village

(c) post Office

(d) District

(e) Pin Code No.

(f) Panchayat/Town Committee/Muni. Corpn.

(g) Ward No.

(h) Block

  1. Date of establishment
  2. Registration No. of the Firm/Unit

(a) Local Administration

(b) Sales Tax Authority

(c) Industries Department (DIC)

(d) Other

  1. Statues of the Firm/Unit:
* Proprietary * Private Ltd. Company
* Partnership * Public Ltd. Company
* Co-operative Society * Charitable Trust
  1. Status of the Applicant
* Owner * Managing Director
* Managing Partner * Managing Trustee
* Secretary
  1. If Producer, name of the product (s)
  2. If Dealer, name of the product(s)
  3. Where the product(s) are sold

* With in the state

* Out side the State but with in the country

* Exported

  1. Annual Production for last 3 years
Sl. Financial Year Item(s) Quantity Value in (Rs.) No. of Workers
1 2 3 4 5 6
 
  1. Annual ' Sales Revenu e for last 3 vsars
Sl. Financial Year Internal Trade Sales Revenue (in Rs) Foreign Trade Sales Revenue (in Rs) Total (3+4) (in Rs.)
1 2 3 4 5
 
  1. Details of the Handicraft Artisans engaged in the Firm/Unit
Sl. Name of the Handicraft Artisan Male/Female Age Status Working since (Date)
1 2 3 4 5 6
 
  1. Sales Revenue for the Current Financial Year
  2. Monthly installment calculated by self for Handicraft Artisan Welfare Fund (1/12 of 1% of item No. 15 corrected to Rupees)
  3. Handicraft Artisans' monthly contribution
  4. Amount Remitted with the Application (Total of item No. 16+17)
  5. Mode of remittance

* Cash

* Bank Draft No........ Date................ Bank.............

The information given above are true to the best of my knowledge and belief.

Place:

Date:

Applicant's Signature

Name :

Designation :

Note:-The Demand Draft to the Welfare Fund should be drawn in favour of the Chief Executive Officer, Handicraft Artisans Welfare Fund Board, Assam.

For Office Use

Handicraft Artisans Welfare Fund Board, Assam

(A Government of Assam Undertaking)

Head Office, Udyog Bhawan, Bamunimaidan, Guw Ah Ati-781021

Form No-3

Application For Registration

For Employer Of The Handicraft Artisans

  1. Applicant's Name
  2. Permanent Address

(j) House Name/No.

(k) Name of the Road

(l) Village

(m) Post Office

(n) District

(o) Pin Code No.

(p) Panchayat/Town Committee/Muni, Corpn.

(q) Ward No.

(r) Block

  1. Name of the Firm/unit
  2. Present Address

(i) Name of the Road

(j) Village

(k) Post Office

(l) District

(m) Pin Code No.

(n) panchayat/Town Committee/Muni. Corpn.

(o) Ward No.

(p) Block.

  1. Registration No. of the Firm/Unit
  2. Status of the Firm/Unit
  3. Status of the Applicant:
* Proprietary * Private Ltd. Company
* Partnership * Public Ltd. Company
* Co-operative Society * Charitable Trust
  1. Status of the Applicant
* Owner * Managing Director
* Managing Partner * Managing Trustee
* Secretary
  1. Name if the handicraft items produced :
  2. Details of the Handicraft Artisan employed
Sl. Name of the Handicraft Artisan Male/Female Age Working since Status
1 2 3 4 5 6
 
  1. Total number of handicraft Artisans
  2. Monthly contribution to the Fund                   Rs.

[(Rs. 2.00 Employers Contribution + Re 1.00 Artisans contribution) x number of artisans]

  1. Monthly contribution to be collected from the Handicraft Artisans                   Rs.
  2. Amount Remitted with the Application                   Rs.
  3. Mode of remittance

* Cash

* Bank Draft No.......... Date.......... Bank...........

The information given above are true to the best of my knowledge and belief.

Place:

Date:

Applicant's Signature

Name

Designation

Note:-The Demand Draft to the Welfare Fund should be drawn in favour of the Chief Executive Officer, Handicraft Artisans Welfare Fund Board, Assam.

For Office Use

Handicraft Artisans Welfare Fund Board, Assam

(A Government of Assam Undertaking)

Head Office : Udyog Bhawan, Bamunimaidan, Guwahati-781021

Form No-4

Statement To Be Submitted By Employer/producer/dealer Of Handicraft Product Along With The Monthly Instalment

Monthly Report for the Month Year..

  1. Name of the Employer/Dealer/Producer :
  2. Name of the Firm/Unit

(a) Road

(b) Road

(c) Village /Town

(d) Post Office

(e) Pin Code

(f) District

  1. Registration No. and Date with the Board
  2. Monthly installment fixed to the Welfare Fund
  3. Details of the Handicraft Artisans who had been employed for at least one day in the reporting month
Sl. Name of the Handicraft Artisans No. of days worked in the reporting month Welfare Fund contribution recovered/to be recovered from the Artisans
1 2 3 4
 
  1. Total no. of the Handicraft Artisans who had been employed for at least one day in the reporting month
  2. No. of Handicraft Artisans who had not worked for at least for one day but are in the Firm's/Units roll in reporting month
8. Total no. of Handicraft Artisans artisan (item 6+7)
9. Artisans contribution to the Welfare Fund Rs.
10. Employer/Dealer/producer's monthly contribution Rs.
11. Fine for default of payment Rs.
12. Previous months arrears Rs.
13. Amount Remitted with the Application Rs.
14. Mode of remittance * Cash
* Bank Draft No......... Date........... Bank..............

The information given above me true to best of my knowledge and belief.

Place:

Date:

Applicant's Signature

Name :

Designation:

Note:-the Demand Draft the Welfare Fund should be drawn in favour of the Chief Executive Officer, Handicraft Artisans Welfare Fund Board, Assam.

For Office Use

Handicraft Artisans Welfare Fund Board, Assam

(A Government of Assam Undertaking)

Head, Office : Udyog Bhawan, Bamunimaidan, Guwahati-781021

Form No-5

Annual Returns Of Contribution To Be Submitted By Employer/producer/dealer Of Handicraft Products

(Due date of submission on or before 30th June after the close of financial year ended 31st March)

Return for the financial year April March..

Registration No. allotted by the Fund with date
1. Status of contribution Employer/Producer/Dealer
2. Name and address of the contributor
3. Type of organisation Proprietary/Partnership/Co-operative Society/Public Ltd. company/private Ltd. Company/Charitable Trust.
4. Amount of annual contribution determined by the Chief Executive Officer or the authorised officer
5. Order No. and date determining the contribution
6. Details of Handicraft Artisans employed during the financial year, (please give the details in respect of every Handicraft Artisan employed irrespective of the number of days of work given)
Sl. Name of handicraft Artisan(s) No. of days for which worked Artisans contribution deducted from wages during the year
1 2 3 4
 
7. Employer's contribution due
8. Details of sales turnover during the year (to be included whether sales proceeds are realised or not)
Sl. Product(s) Sales
Within the country Export Total
Qty. Value Qty. Value Qty. Value
1 2 3 4 5 6 7 8
 
9. Details of transfer of goods to any sales outlet or branch outside the state or to a subsidiary or associated dealer or producer of handicraft products
Sl. Items Quantity of goods transferred Value of goods transferred
1 2 3 4
 
10. Total of value of goods sold and goods transferred (column 8+9)
11. Assessed amount to be remitted to the Fund (a+b+c) Rs.
(a) Contribution deducted (to be deducted) from the wages of the handicraft Artisans Rs.
(b) Employers contribution Rs.
(c) 1% of total sales turnover including value of goods transferred Rs.
12. Details of contribution and artisans' contribution already remitted
Sl. Name of Contribution Month Amount remitted (Rs) Receipt No & Date
1 2 3 4 5
 
Total (Rs)----------------
13. Balance amount due to be remitted (column 11-12) Rs.
14. Particulars of remittance of balance amount due Rs.
Receipt No. Date

Place:

Date :

Signature

Name

Designation

The following certificate from Chartered Accountant should be produced if the sales turn over including the value of goods transferred during the financial year is more than Rs. 50000=00.

Certificate from Chartered Accountant

Certified that/we have verified the accounts of M/S............as per the books of accounts and other records produced before me/us the quantity and value of annual sales and stock transfer as given in this return are correct.

Certified further that all relevant records in connection with the sales and transfer of goods as required by me/us for this purpose.

Place:

Date:

Signature

Name & address of Chartered Accountant/ Firm of Chartered Accountants

Handicraft Artisans Welfare Fund Board, Assam

(A Government of Assam Undertaking)

Head Office : Udyog Bhawan, Bamunimaidan, Guwahati-781021

Form No-6

Application For Financial Assistance

  1. Applicant's Name
  2. Applicant's Membership no. and date
  3. If the applicant is a family member of the deceased member of the Fund

(a) Name of the deceased member

(b) Membership No. & date of the deceased member

(c) Relationship of the applicant with the deceased member

  1. Permanent Address
  2. Present Address
  3. (a) Age of the applicant

(b) Date of birth

  1. Whether married, if married, name of the husband/wife
  2. Total no. of family member
  3. Nature of assistance applied for
* Pension * Permanent Disablement * Temporary Disablement
* Family pension * Meeting with fatal accident * Funeral expenditure
* Medical expenditure * Children's education * Maternity benefit
* Daughter's marriage * Other
  1. Amount of financial assistance required
  2. Details of the certificates/documents submitted

The information given above are true to the knowledge and belief. I am not eligible and also have not applied for financial assistance from any other source for the item mentioned in this application.

Place:

Date :

Applicant's signature/Left hand thumps impression

Handicraft Artisans Welfare Fund Board, Assam

(A Government of Assam Undertaking)

Head Office : Udyog Bhawan, Bamunimaidan, Guwahati-781021

Form No-7

Identity Card

Membership No. Date

Passport size Photograph

Name of the Handicraft Artisan

Father's Name

Date of birth

Permanent Address

Road

Village/Town

Post Office

District

Pin Code No.

Issued on.......................

Signature of the Chief Executive Officer

Seal

Help us improve! Please suggest corrections.
 

Download the LatestLaws.com Mobile App
 
 
Latestlaws Newsletter
 

Related judgement on Assam Handicraft Artisans Welfare Fund Scheme, 2000