The Handlooms (Reservation of Articles for Production) Act, 1985

Summary of The Handlooms (Reservation of Articles for Production) Act, 1985
Purpose
• To provide for the reservation of certain articles for exclusive production by handlooms.
• To protect and develop the handloom industry.
Key Provisions
1. Definition of Handloom: - Any loom other than a power loom.
2. Power to Specify Reserved Articles: - The Central Government, after considering the Advisory Committee's recommendations, can reserve articles for exclusive handloom production via an order in the Official Gazette.
3. Advisory Committee: - Constituted by the Central Government to advise on articles for reservation, considering factors like traditional production, employment generation, and industry protection.
4. Prohibition and Penalty: - Prohibits production of reserved articles by any loom other than handloom.
• Penalty for Contravention:
• Imprisonment up to 6 months.
• Fine up to ₹5,000 per loom, with an additional ₹500 per day for continuing contravention.
• Forfeiture of the article or power loom to the Central Government.
5. Powers of Authorities: - Call for Information/Samples.
• Enter and Inspect premises.
• Search and Seize in contravention cases, following the Code of Criminal Procedure, 1973.
6. Miscellaneous: - Protection of Action Taken in Good Faith.
• Power to Delegate and give Directions.
• Rule Making Power for the Central Government.
Notable Sections
• Section 3: Power to specify articles for exclusive handloom production.
• Section 4: Constitution of the Advisory Committee.
• Section 5: Prohibition of production of reserved articles by non-handlooms.
• Section 10: Penalty for contravention of orders.

Legislative History:

The Handlooms (Reservation of Articles for Production) Act, 1985

Act Title - The Handlooms (Reservation of Articles for Production) Act, 1985

Act Number/Year - 22 of 1985

Act ID (India Code) - 198522

Presidential Assent Date - March 29, 1985

Enforcement Date - March 31, 1986

Nodal Ministry - Ministry of Textiles

Precedent & Historical Rationale

1. Protection of Traditional Weavers Against Powerloom Inroads:

o By the early 1980s, India’s traditional handloom sector—employing millions of weavers across rural and semi-urban communities—faced severe economic distress due to unregulated competition from cheap, mass-produced powerloom and mill-made textiles.

o While earlier executive orders and advisory guidelines attempted to reserve certain categories of textile production exclusively for handlooms, they lacked robust statutory backing and were frequently challenged or evaded in commercial markets.

2. Statutory Reservation to Safeguard Livelihoods:

o The legislative intent centered on enacting a powerful, comprehensive statute to provide statutory protection to the handloom industry by reserving specific articles and classes of textile items exclusively for production by handlooms.

o The Act empowered the Central Government—assisted by an advisory committee—to issue formal reservation orders, inspect manufacturing units, and penalize unauthorized production of reserved items by powerlooms or mills, thereby preserving traditional cultural heritage and protecting millions of artisan livelihoods.

Parliamentary Trajectory & Enactment

• Formulation: Drafted by the Ministry of Commerce (Department of Textiles, which later became an independent Ministry of Textiles) to implement vital welfare recommendations for the handloom sector.

• Parliamentary Passage: Introduced, deliberated, and passed by both Houses of Parliament (Lok Sabha and Rajya Sabha) during the budget session of 1985.

• Presidential Assent: Received Presidential Assent on March 29, 1985.

• Enforcement: Enforced on March 29, 1985.

• Source: Official Records of Parliament, India Code, and Ministry of Textiles.