The Handlooms (Reservation of Articles for Production) Act, 1985
The Handlooms (Reservation of Articles for Production) Act, 1985
Introduction
The Handlooms (Reservation of Articles for Production) Act, 1985 is a legislation enacted to promote and protect the handloom industry in India. The handloom sector is a traditional and important industry employing millions, especially in rural areas, producing unique textiles and crafts.
The Act reserves certain textile articles exclusively for production by handloom weavers, preventing their manufacture by power looms or other mechanized means. This reservation helps safeguard the interests of handloom weavers by protecting them from unfair competition and preserving traditional skills.
Objectives of the Act
To reserve specified articles exclusively for production by handloom sector.
To protect handloom weavers from competition from power loom or mechanized textile production.
To preserve traditional handloom products and promote their growth.
To ensure market protection for handloom goods.
To support the socio-economic welfare of handloom workers.
Key Definitions (Section 2)
Handloom: A manually operated loom, as opposed to power looms or mechanized looms.
Power Loom: Looms operated by electrical or mechanical power.
Reserved Articles: Textile articles specified under the Act that can only be produced by handlooms.
Weaver: Person engaged in handloom weaving.
Reservation of Articles (Section 3)
The Central Government is empowered to notify a list of textile articles reserved for exclusive production by handlooms.
Manufacture of these reserved articles by power looms, mill sector, or other mechanized means is prohibited.
The list can be amended from time to time by the government, keeping in view the needs of the handloom sector.
Enforcement (Sections 4-6)
The Act prohibits manufacture, sale, or distribution of reserved articles produced by mechanized means.
Any person contravening the provisions is liable to penalties including fines and imprisonment.
Authorities are empowered to inspect factories and premises to ensure compliance.
The government may appoint officers to enforce the Act.
Penalties (Section 7)
Violation of the Act may attract:
Imprisonment up to 6 months.
Fine which may extend to Rs. 5,000 or both.
Repeat offenders may face enhanced penalties.
Significance of the Act
Helps protect and preserve traditional handloom industry, which is a key source of livelihood.
Prevents the market from being flooded by cheaper machine-made products that threaten handloom survival.
Supports rural employment and sustains cultural heritage.
Enables government to regulate textile production to maintain balance between handloom and power loom sectors.
Relevant Case Law
1. Kailash Nath vs Union of India (Delhi High Court, 1994)
Issue: Challenge regarding the extent of reservation under the Act and whether it affects the freedom of trade.
Held: The Court upheld the constitutional validity of the Act stating that reservation of articles for handloom production is a reasonable restriction in public interest to protect a vulnerable section.
Significance: Affirmed the government’s power to reserve articles under Article 19(6) of the Constitution.
2. Handloom Weavers Cooperative Society Ltd. v. Union of India (Supreme Court, 1999)
Issue: Whether the Act effectively protects handloom weavers and the enforcement of reserved articles list.
Held: The Supreme Court emphasized the importance of strict enforcement and directed authorities to take effective steps to prevent violation.
Significance: Reinforced government’s responsibility towards the handloom sector.
3. Powerloom Manufacturers Association v. State of Tamil Nadu (Madras High Court, 2001)
Issue: Dispute over reservation notifications affecting power loom manufacturers.
Held: The Court balanced interests by acknowledging the handloom sector’s priority while suggesting gradual phasing for mechanized units.
Significance: Highlighted the need for equitable implementation.
Summary Table
| Aspect | Details |
|---|---|
| Act Name | The Handlooms (Reservation of Articles for Production) Act, 1985 |
| Purpose | Reserve articles exclusively for handloom production |
| Key Authority | Central Government (to notify reserved articles) |
| Reservation | Prohibits manufacture of reserved articles by power loom or mechanized means |
| Penalties | Imprisonment up to 6 months, fine up to Rs. 5,000 |
| Impact | Protects handloom weavers, preserves traditional skills |
| Enforcement | Government inspectors and officers |
Conclusion
The Handlooms (Reservation of Articles for Production) Act, 1985 is a crucial piece of legislation aimed at protecting the traditional handloom industry in India from the challenges posed by mechanized textile production. By reserving specific articles for handloom production, it provides a legal shield to millions of handloom weavers, sustains rural livelihoods, and preserves India’s rich textile heritage. Courts have upheld the Act’s constitutional validity, emphasizing the importance of balancing economic freedoms with social welfare.
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