S.1 Short title, extent and commencement

       (1) This Act may be called the Handlooms (Reservation and Articles for Production) Act, 1985.
       (2) It extends to the whole of India
       (3) It shall come into force on such date [31.3.1986 Vide Notification No. G.S.C. 505 (E), dated 10.3.1986] as the Central Government may, be notification in the Official Gazette, appoint,

S.2 Definitions

       (a) "Advisory Committee" means the Advisory Committee constituted under section 4;
       (b) "handlooms" means any loom, other than powerloom;
       (c) " manufacture" 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) of section 2 of Factories Act, 1948; (63 of 1948)
       (e) "processor" means a person engaged in any ancillary process subsequent to the production of cloth, such as dyeing, bleaching, mercerising, calendaring, embroidering, printing, raising, cloth embossing or any other finishing process, but does not include a producer, and the expression "process' shall a construed accordingly;
      &nb

S.3 Power to specify articles for exclusive production by handlooms

       (1) Notwithstanding anything contained in the Industries (Development and Regulation) Act, 1951 (65 of 1951), 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 of 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 t

S.4 Constitution of Advisory Committee

       (1) The Central Government shall, with a view to determining the nature of any article or class 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 articles or class of articles which is being produced by handlooms for mass consumption;
       (b) the articles 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 or articl

S.5 Prohibition of production of articles exclusively reserved for handlooms

       Where an order had been made under section 3 reserving any article or class or articles for exclusive production by handlooms, such article or class or articles shall not, on and from the date or reservation, be produced by any loom, other than handlooms.--
       Provided that any person who, immediately before the date of reservation of any article or class of articles, was engaged in the production of such article or class of articles in any loom, other than handloom may continue to be so engaged till the expiry of three months from the date of such reservation.

S.6 Power to call for information or to furnish samples

       (1) The Central Government may, by order, require any manufacturer to furnish for the purposes of this Act,-
       (a) such information in his possession with respect of any manufacturing activity or business carried on by him or by any other person to any officer or authority specified by it in such form and within such period as may be specified by it in such form and within such period as may be specified by that Government in the order;
       (b) such samples of say articles manufactured by him or by any other person for inspection by such offer or authority, at such places and within such period as may be specified by it in the order.
       (2) Where any order has been issued to any manufacturer under sub-section (1), he shall comply with such order.

S.7 Power to enter and impact

Any officer authorised by the Central Government (hereinafter referred to as the authorised officer) may enter, at all reasonable times, any place or premises of any manufacture in which any textile articles are stored kept or exposed for sale and may require the production for inspection of any books of account, registers, records or other documents kept therein and ask for such information relating to the manufacture, storage or keeping for sale of any such articles or to any powerlooms that may be found in such place as he may think fit for the purposes of carrying into effect the provisions of this Act.

S.8 Power to search and seize

       (1) If the authorised officer has any reason to believe that,-
       (a) any article or class of articles specified in any order made under section 3 is being produced in any place in contravention of such order; or
       (b) any article or class of articles produced in contravention of such order are secreted in any place; or
       (c) any article or class of articles is liable to forfeiture under this Act,
       he may enter into and search such place or premises for such article, or class or articles or any powerloom which in the opinion of the authorised officer may have been used for the production of such article or class or articles.
       (2) Where, as a result of any search made under sub-section (1) any article or class of a

S.9 Search and seizure to be made in accordance with the Code of Criminal Procedure 1973

The provisions of the Code of Criminal Procedure, 1973, relating to searches and seizures shall, so far as may be, apply to every search or seizure made under this Act.

S.10 Penalty for contravention of orders made under section 3

       Whoever produces any article or class of articles in contravention of an order made under section 3,-
       (a) shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees per loom by which the said article or class of articles is produced, or with both, and in the case of a continuing contravention, with an additional fine which may extend to five hundred rupees per loom for every day during which such contravention continues after conviction for the first such contravention; and
       (b) the article or class of articles in respect of which the order has been contravened or any powerloom by the use of which such order is contravened, including any package, covering or receptacle in which the article or class of articles is found, shall be forfeited to the Central Government:

S.11 False statement

       If any person,-
       (a) 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 articles from which such sample was required; or
       (b) 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.

S.12 Attempts 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.

S.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 its provided that the offence has been committed with the consent or connivanc

S.14 Offences to be cognizable

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, ( 2 of 1974 ) every offence punishable under this Act shall be cognizable.

S.15 Power to delegate

       The Central Government may, by 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, be exercisable also by-
       (a) such officer or authority subordinate to the Central Government; or
       (b) such State Government or such officer or authority subordinate to a State Government, as may be specified in the direction.

S.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.

S.17 Protection of action taken in good faith

No suit, prosecution or other legal proceedings shall be 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.

S.18 Power to exempt

(1) If the Central Government is satisfied that the demand for any article or class of 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 of articles is required to be produced for purposes of research or for the development of 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.

S.19 Power to make rules

       (1) The Central Government, 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 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 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.