Assam act 024 of 1960 : The Assam Shramik Bahini ACT, 1959

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The 22nd June 1960 No.LJL.48/59~-The following Act of the Assam Legislative Assembly which rec eh ed the assent of the President, is hereby published for general information.

Received the assent of the President on the 18th June 1960 ASSAM ACT No.XXIV OF 1960

THE ASSAM SHRAMIK BAHINI ACT, 1959

(As passed ~by the Assembly) ~· [Published in the Assam Gazette; Extraordinary, dat~d the 22nd June 1960] ~ '

An

Act

to provide for the formation and working of Shramik Bahini. WHEREAS it is considered necessary to enthuse

the spirit of voluntary · co-pperation and dignity of labour among the people resident in t'be State of

A~~am, .

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Short title, CJ1:tent and cornmence- men r.

Definition. AND WHEREAS it is expedient to provide for the formation of voluntary associations of the workers and for their registration, for better

It is hereby enacted i11 the Tenth Year of the Republic of India as follows :-

PRELIMINARY

1, (1) This Act m ay be called the Assam Shramik Bahini Act, 1959.

(2) It shall exte11d to the whole of the Stale of Assam.

(3) It shall come into force at once.

2. In this Act, unles3 there is anything rl'pugnant

in the subject or context :-

(1) "Nayak" means the Nayak of the Shramik Bahini under Section 4.

(2) "President" means the President of the Shramik Bahini under Section 4. (3,D "Prescribed'' means prescribed by rules made under this Act.

( 4) "Chief Engineer" means an Officer hold- ing the po~t of Chief Engine'er, Public Works Department, Assam under both (Roads and Buildings) and (Flood Con- trol and Irrigation Wings) which in- clud~s Additional Chief Engineers of both the Wings.

(5) "Regulation" m eans the regulation made under Section 31 of the Act.

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(6) "Shramik" means a person who is not below the age of 18 years and is a resi- dent of the State of Assam and desirous of putting in his labour in any project, undertaking or contract work to earn his living or to supplement his income.

(7) "Shramik Bahini" means a voluntary association of Shramiks for the purpose of putting in manual labour in any project, undertaking or work of the State Government, or any other Statutory body or Local Authority.

(8) "Tender" is a formal offer for service, especially for execution of work or supply of materials, submitted in res- ponse to a notice issued by competent authority, containing terms and condi- tions of service to be rendered. 1(9) "Appropriate authority" in connection with ,,. any work on a contract basis with the- (a} State Government means the Govern·

ment Qf Assam

(b) Statutory body · means the Statutory body; and

(c) Local authority means the Local authority.

CONSTITUTION OF SHRAMIK BAHINI

Mode . of 3, (1) Any twenty-five, or more Shramiks(.in an ~h m •.~ g are~ may, by individually signing application rn the

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~f.bir::t prescribed form and by otherwise complying with the · provisions of this Act in respect of registration associate and form themselves into a Shramik Bahini. ·

(2) The application under sub-section (I) shall specify one of the applicants as the convenor of the Sbramik Bahini.

4. (1) lmmediat~ly after a Shramik Bahini ia registered under the provisions of this Act, a meeting of the members of the Shramik Bahini shall be convened by the convenor to elect from ·amongst its mernbe~s an Executive Committee. The rneeting shall be held at such da te, time and place as the convenor may notify in this respect.

(2) The Executive Committee shall consist of not less than five and not more than seven members from whom one shall be "elected as the Presidr·nt and the other as the Nayak.

(3) The Executive Committee shall sit at least once in two months.

( 4) The term of the office of the Pr'esiden t, the Nayak and members of the Executive Committee shall be one year

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!uinual meet_ 5. (1) An annual meetiP-g of the Shramik Bahioi sn~~ik the shall be held in the beginning of every fmancial Bahini. year for the purpose of:-

(a) reviewing the activities of the Shramik Bahini during the current year ;

(b) considering the monetary position of the Shramik Bahini ;

(c) deciding how incomes are to be distributed in accordan cc with the provisions of this ActJ

(d) electing the Executive Committee for the uext year;

(e) considering the

(f) considering such other business as may be placed before the meeting in accordance with the regulation.

(2) Ordinary general meeting shall be held as often as found necessary for transacting the business of the Shramik Bahini but must be held at least once in six months.

REGISTRATION OF A SHRAMIK BAHINI

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register the Shramik Bahini by entering in a register, to be maintained in such form as may be prescribed, the particulars relating to the Shramik Bahini as con· tained jn the statement submitted for- registration. Evi?encc; of , ~ 9. The Chief Engineer or the officer not below regtstration~ Y k f E · E · d t.1e ran o an xecutive ngmeer empowere b,.. ~-il,' by him in this behalf, on registering a Shramik pl' ;, 1 Bahini under Section 8 shall issue a certificate of ~ ~ ¢'1,._... registration in the prescribed form which shall be '$:.\ti ' conclusive evidence that the Shramik Bahini has been duly registered under this Act.

FUNCTIONS AND DUTIES OF SHRAMIK

BAHINI

Functi?ns of ~ (1) The function of a Shramik Bahini shall h S~r!lm¹k Ba· be to do any work with their own manual lab.:mr on im. b . . h h S G J/f?·a contract as1s wit t e tate overnment O.r...J!DY- .. f ~. l/R", · other statutory body or other local authority, provided

~y.. ,-- that the Shramik Bahini may employ any ,skilled

labour as and when it may deem fit and proper.

(2)~The appropriate authority may, as and when

considered necessary, allot work of any kind the value

of which does not exceed Rs.40,000 to a Shramik

Bahini for its execution without calling for tender

at scheduled rate on receipt of an application from a

registered Shrarnik Bahini.

(3) The Nayak or any other member whom the Executive Committee may select in this behalt, shall

•m behalf of the Shramik Bahini, enter into contract with the appropriate authority for taking U!l any work under sub-section (2) and shall sign any document or do such other thing as will be necessary in this respect.

Expenditure. 11. The Shramik Bahini shall bear the expenses necessary for the management of its affairs such as :-

(a) expenses necessary for registration and for the maintenance of the Shramik Bahini office, ,

(b) actual travelling expenses of the members of the Executive Committee when perform- ing their duty under the provisions of this Act, and

(c) such other incidental expenses as will be necessary for performing any other duties by the Shramik Bahini.

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Sharing of income.

12. (I) The net income of the Shramik Ba hini after deducting expenses for the management of the affairs of the Shramik Bahini and payment of skilled laLour, if any, shall be divided among the Shramiks, /Jro rata, that is proportionately on the basis of work put in.

Votes

Shramik

members.

(2) The Shramik Bahini may set apart an amount not exceeding 10 per cent. of the total net income, if it so desires, to constitute a Reserve Fund of such Ba hini.

RIGHTS AND LIABILITIES OF SHRAMIK

MEMBERS

of 13. Each Shrarnik member shall have one vole only as a member in the affairs of the Shramik Bahini. Addrm of 14. The Shramik Bahini shall have an address the Shramik registered under the provisions of this Act lo which ai I Bahini · d · · b 1 11 · notice~ an communications may · e sent, and s 1a send to the r:hief Engineer or any officer empowered by him in this ht:half, notice of every change thereof. A Copy of 15. The Shramik Bahini shall keep copy of this ti ct,

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Rt egulba- Act and Regulations govt:rning such Shramik Bahini on o e l . d' d . . opened to in- anc its prccee mgs an account~ opeu to mspect10n spcction. by any person authorised in this behalf by the appro- priate authority free of charge at all reasonable

times at the registered address of the Shramik Bahini •

. The ~h.ra- J 6. I'he registration ol a Shrarnik Bahini render DlJbekboBaJhrm t~ it a body corpor~te by the name under which. it is 'Y cor . d . l . d · 1 porate. reg1stere w llh perpctua succession au wa 1 power to hold property to enter into contracts, to institute

and defend suits and other legal proc1 edings aud t.>

do all things necessary for the purpose of its constitu· tion.

Shares 17. Subiect to the provisions of this Act the inte- intert'st n~~ rest of a Shramik in the capital funds of a Shramik liable to atta- Bahini shall not be liable to attachment or sale chmcnt. under any decree or order of a Court of J usticc i11 respect ol any debt or liability incurred by such a

Shramik individually.

13. Tlie Shrarnik Bahini r.hall be paid at least 90 per cent of the value of the work executed by it within every fourteen dayti from the date of commen- cement of the work.

Transfer of 19. (1) On the d ea th of a Sbramii, member the interest on Shramik Bahini may transkr tlit; shares or interest of death of a b

Shramik the deceased Sbramik mern er to the person uomi- . membei:. nated in accordance will1 the rules made iu this behalf or, if there is no person so nominated, to such person as may ::.ppear to the Executive Committee to be the heir, or legal represetctative of the deceased Shramik member, or pay to such nominee, heir or re;:>resentative, as the case may be, a sum representing

the value of such Shramik me mber's share or interest, as ascertained in accordance with the rules or regula· tions:

Provided that such nominee, heir or legal rrprese-n- tative, as the case may be, may require p :1y ments by the Shramik Bahini of the value of the shares or interest of the deceased Shramik member ascer- tained as aforesaid.

(2) The Shramik Bahini may pay all other moneys due to the deceased Shramik member from the Shramik Bahini to such nominee, heir or legal representative, as the case may be.

(3) All transfers and payments made J:>~ a Shramik Bahini in accordance with the prov1s10ns of this section shall be valid and effectual against any demand made upon the Shramik Bahini by any other person or claimant.

Liability of 20. The liability of a past Shramik member for past Shramik the debts of a Shramik Bahini as they existed at the member. time when he ceased to be a Shramik member shall continue for a period of two years from the date of his ceasing to be member.

Register of

Shramik

members.

21. (l) A registered Shramik Bahini shall main- tain a register of the members of the Shramik Bahini showing the name of member, date of membership, date of pavment of membership fee and the date of ceasing to be a mem her.

(2) A copy of any entry in a register mentioned in sub-section ( 1) certified in the manner prescribed shall be admitted as evidence of membership or other- wise.

Proofs of 22. A copy of any entry in a book of a Shramik ~r:;;i~s m ii~ _ Bahini regularly kept in the course of management B a hi n i's of the affairs of the Shramik Bahini, shall, if certified

. books. in such manlier as may be prescribed by the rules, be received, in any suit or Jegal proceedings, as prima- facie evid ence of the existence of' such entry, and shall be admitted as evidence of the matters, transac- tions and accounts therein recorded in every case where, and to the same extent as, the original entry itself is admissible.

Exemption 23. The Shramik Bahini shall not be liable to from stan:_ip pay any registration fee, .or stamp duty or court duty regIB· f. · h d

trati~n fee, ee stamp wit ten er.

etc.

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INSPECTION OF AFFAIRS

Enq uiry of 24. (1) The Chief E ngineer or any officer Chief Engi- not below the rank of an Executive Engineer em- neer. cl b h' I . t . . powere y un or any ot 1er appropnate aut ionty 111 this behalf may, of his own motion, or on the appli- cation of a majority of the Executive Committee, or of not less than one third of the members, hold an enquiry or direct some p erson au thorised by him by an order in writing in this behalf to hold a n enquiry into the constitution, working, financial conditions and accounts of a Shramik Bahini.

(2) The Nayak, the President and the Shramik m ember of a Shramik Bahini sha ll furnish such infor- m ation in regard to the affai rs of the Shramik Bahini as the Chief Engineer or the person a uthorised by him or any other appropriate authority may require.

DISSOLUTION OF THE SHRAMTK BAHINI

Dissolu- 25. (1) If the Chief Engineer after enquiry is of 1ion. opinion that the Shrarnik Bahini ought to be dissolved, he may cancel the registration of the Shramik Bahini:

Provided that the Shramik Bahini shall be given an opportunity to show cause why the registration of the Shramik Bah ini should not be cancelled.

(2) Notwithstanding anything contained in sub- section (1), registration of a Shramik Bahini may be cancelled at the discretion of the Chief Engineer if more tha n two-third of its total number of members applies in writing for cancellation of the Shramik Bahini. Effects of 26. Where the registration ot a Shramik Bahinl cancell':ltion is cancelled, the Shramik ll<1hini sh all cease to exist aa 0 ~ registra- a body corporate.

t10n.

No jurisdic-

tion of Civil 27. No civil court shall have any jurisdiction in Court in respect of any matter connec ted with the dissolution of matter of the Shramik Bahini under this Act.

dissolution

of Shramik

Bahini .

Shramik

Advisory·

Committee,

28. (1) The State Government may, from time to time, constitute at the subdivisional level a Shramik Advisory Committee, consi~ting of such number of persons as it may think fit in each , case and on such terms and conditions as may be prescribed.

(2) A Shramik Bahini may, if it thinks fit, consult the SubdivisionaL Shramik Advisory Committee on any business coming b efore it, and shall so do io respect

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of such business, as the State Government may, by general or special order in this hehalf, specify or when required by the regulations so to do. Pradesh Shra- 29. (1) The State Gov ernment may constitute a mik Advi- Pradesh Shrarnik Advisory Committee at the State so:y Com- level, consisting of such number of persons as it may mittee. think fit, and on such terms and conditions as may be prescribed.

(2) The functions of the Pradesh Shramik Advi• sory Committee shall be-

( a) to assess the work.ing ·of the Shramik Bahini;

(b) to chalk out plans from time to time in order to organise or re-organise the Shramik Bahini in the best interest of the Shramik Bahini ; and

(c) to harness the man power more effectively

MISCELLANEOUS

Power of the 30.(1) The State Government may, by notification State Gov- in the official Gazette, make rules to carry out the ernment to f h

fram e rules purposes o t is Act.

(2) All rules made under this section shall be laid not less than fourteen days before the Assam Legisla· tive Assembly as soon a~ possible after they are made. and shall be subject to such modifications as the Assam Legislative Assembly may m <..ke during the session in which they are so laid or the session imme- diately following.

Power of ~he 31. Each Shramik Bahini may make regulation i h~. a. m ik for its internal administration consistent with this Act fr~~~¹reg~~ and the rules made thereunder.

lation.

Certain Acts

not to apply

to Shramik

Bahini.

32. The f~llowing Acts, namely:-

(a) The Societies Regulation Act, 1860, Act X.XVof