Section 5 in The Assam Handicraft Artisans Welfare Fund Scheme, 2000
5. (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 moto call 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
