The Assam Aid to Industries (Small and Cottage Industries) (Amendment) Act, 1959

ASSAM ACT No.HI o f 1960 • The 23rd February 1960 | No.LJL, 16/59/11.—The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information. (Received the assent o f the Governor on the 16th February 1960) F K «;■ THE s ll>- B fe - ' . further Preamble. ASSAM AID TO INDUSTRIES (SMALL AND COTTAGE INDUSTRIES) (AMENDMENT) ACT, 1959 (As passed by the Assembly) [Published in the Assam Gazette, Extraordinary, dated the 24th February I960] An Act to amend the Assam Aid to Industries (Small and Cottage Industries) Act, 1955 Whereas it is expedient further to amend the Assam Aid to Industries (Small and Cottage Indus­ tries) Act, 1955, hereinafter called the Principal Act, Assam Act in the manner hereinafter appearing ; n o f 195̂ , 2 It is hereby enacted in the Tenth Year of the Republic of India as follows :— Short title, 1. (1) This Act may be called the Assam Aid to extent and Industries (Small and Cottage Industries) (Arnend- cominence- m e n M Act, 1959. inent, ' ’ (2) It shall have the like extent as the Principal Act. (3) It shall come into force at once. Amendment 2. In Section 2 of the Principal Act: — of Section 2 of Assam fo r clause (&), the following shall be sub- o‘ s t i tu te d : - “ (/>) ‘Director’ means (t) the Director of Indus­ tries, Assam in respect of Small or Cottage Industries other than Small or Cottage Industries under Sericulture and Weaving, and (ii) the Director of Sericulture and Weaving, Assam in respect of Small or Cottage Indus­ tries under Sericulture and Weaving” . (2) after clause (i), the following shall be added as clauses ( j ) and (k) namely: — “ ( j ) ‘Political Sufferer’ means: — (i) a person who was a detenue or an externee or was arrested and kept in jail either as con­ vict or as an undertrial for a period of at least one month or who was 6ned in a court of law or whose property was confiscated or who was permanently disabled or who suffered grievous bodily injury for participa­ tion in any of the national movemem s ; (ff) a person ; 1 s i h i'j (a) dismissed or removed from service, (b) being a civil pensioner whose pension was forfeited, (c) who resigned or had to resign from Gov­ ernment service, for participating in or his association with the national movement, (tti) a person who boycotted his educational institution in response to the national move­ ment, and continued in Congress work for the attainment of the independence of India till 1947, 3 (n) a person who gave up his study due to his participation in the national movement of 1942 and resumed the same afterwards: Provided that no such person shall be deemed to be apolitical sufferer if he had given an undertaking to the authority not to continue in any national move­ ment, or if he had acted subsequently against the national movement. Explanation.—(«) ‘National movement’ means the movements launched under the leadership of Mahatma Gandhi since 1921, or any other movement for the independence of India. (1) ‘Authority* means the Government for the time being, prior to the 15th August, 1947. (A) ‘Registrar of Co-operative Societies’ shall be as defined in the Assam Co-operative Societies Act, 1949” . Amendment 3. In section 3 of the Principal Act, after Comma of section 3 a t the end of the word “ Department” and before the j [Asya'u™ word “ Finance” the words and a Comma “ Sericul- 1956. t u r e and Weaving Department,” shall be inserted. Amendment 4. (1) In clause \b} of sub-section (I) of section 4 of section 4 0 £ t |.i e Principal Act, the words “of Cottage Indus- Act H t r >e s ” between the words “ Director” and “ or” shall 1956. be deleted. (2) After sub-section (2) of section 4 of the Princi­ pal Act, the following sub-section (3) shall be added, nam ely:— “ (3) In case of Small or Cottage Industries owned by a Company or a Co-operative Society, the State Government may assist in the development of such industries by participation in the share capital or by purchasing debentures issued by such Company”. Amendment 5. For sub-section (I) of section 5 of the Principal of Assam1 Act ^ c t ’ t l̂ e ô ^ o w *n g shall substituted, namely:— II of 1956. . , “ (1) Any person may submit in the prescribed form and in the prescribed manner an application to the Director or to any other officer empowered in this behalf by the Government for loan in respect of Small or Cottage Industries” . Amendment 6. Insection 6 of the principal A ct:— of section 6 I I Af81956ACt (1) In the first proviso, the sentence “Security may * 0 3 ’ also include personal security” shall be omitted. Assam Act I of 1950. 4 (2) the second proviso shall be substituted as follows “ Provided also that notwithstanding anything con­ tained in this Act, and subject to such rules as may be prescribed, the Director or the authority empo­ wered to issue loan may sanction loans upto one thousand rupees on personal bond of the applicant and upto two thousand and five hundred rupees on the security of one or more sureties (3) after the second proviso, the following provisos shall be added, namely:—■ “Provided that Government or the authority em­ powered to issue loan may sanction such loan on the personal bond of the applicant and one or more personal sureties as considered adequate and reason­ able subject to a maximum of Rs.7,500 in case of political sufferers who are certified as such by the competent authority and. who are in need of rehabili­ tation through productive work. A political sufferer who is in receipt of a pension from the State Government for participation in any National Movement shall not be entitled to the b~nc- fit of this proviso: Provided further that the Government or the authority empowered to issue loan may sanction such loan without security to a Co-operative Society owning Small or Cottage Industries upto a maximum of fifteen times of the paid-uo share capital of such Co-opera­ tive Society subject to production of a certificate from the Registrar of Co-operative Societies, Assam” . Deletion of section 7 of Assam Act II of 1956. Amendment of section 8 of Assam Act II of 1956. 7. Section 7 of the Principal Act shall be deleted. 8. Section 8 of the Principal Act shall be renum­ bered as section 7 and the words “ of Cottage Indus­ tries” between the words “ Director” and “may” shall be deleted. Amendment 9. Section 9 of the Principal Act shall be renum- of section 9 | ) e r e c j a s section 8 and the words “ of Cottage Indus- Act I l ^ o f , r ’e s ” wherever occurring after the word “ Director'’ 1956. in the section as so renumbered shall be omitted. Amendment 10. Section 10 of 1 he Principal Act shall be re* of section 10 n u m bered as section 9 and the words “ of Cottage Act i i ' of Industries” between the words “ Director” and “ in” 1956. shall be deleted. n Sections 11, 12, 13, 14, 15 Principal. Act shall he renumbered 15* 16* and 12,13, 13. IS and jfi respectively 17 of Assam Act II of 1956. > ■*- as 6 and 11 oi the sections 10. fl B. C. BARUA, Secy, to the Govt of Assam, Law I