Section 3 of The Handlooms (Reservation of Articles for Production) Act, 1985
- (1)Notwithstanding anything contained in the Industries (Development and Regulation) Act, 1951 (65 of 1951), the 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 the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order 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 order.
Summary
- The Central Government can reserve specific items or classes of items to be made only on handlooms.
- This power exists even if other laws, like the Industries (Development and Regulation) Act, 1951, say something different.
- Before making a reservation, the government must consider the advice given by the Advisory Committee.
- The government must be satisfied that the reservation is necessary to protect and develop the handloom industry.
- Orders for reservation are published in the Official Gazette and must specify a start date.
Practical examples
FAQ
1. Why would the government reserve an article for handlooms only?
It does so when it is satisfied that the reservation is necessary for the protection and development of the handloom industry.
2. Whose advice must the government listen to before reserving an item?
The government must consider the recommendations made by the Advisory Committee.
3. When does a reservation actually start?
The reservation begins on the date specified in the order published in the Official Gazette.
Test yourself
Q1.Under Section 3 of The Handlooms (Reservation of Articles for Production) Act, 1985, what is the main purpose of reserving articles for handlooms?
Q2.Under Section 3 of The Handlooms (Reservation of Articles for Production) Act, 1985, which group must provide recommendations before an order is made?
Q3.Under Section 3 of The Handlooms (Reservation of Articles for Production) Act, 1985, what happens to an order if Parliament does not agree with it within the 30 day period?
Q4.Under Section 3 of The Handlooms (Reservation of Articles for Production) Act, 1985, what is the "date of reservation"?
Q5.Under Section 3 of The Handlooms (Reservation of Articles for Production) Act, 1985, what other law is mentioned as being overridden by this power to specify articles?