ACT AND ORDINANCES
THE ASSAM SHRAMIK BAHINI ACT, 1959
(Published in the Assam Gazette, Extraordinary, dated the 22nd June
An act to provide for the formation and working of Shramik Bahini
Whereas it is considered necessary to enthuse the spirit of voluntary
co-operation and dignity of labour among the people resident in the
State of Assam;
And whereas it is expedient to provide for the formation of voluntary
associations of the workers and for their registration, for better and
more regular supply of labour for execution of developmental works;
And whereas it is expedient to create such circumstances as may enable
the people of Assam to earn a good portion of the developmental expenditure
incurred by the State of Assam, in the manner hereinafter appearing.
It is hereby enacted in the Tenth Year of the Republic of India as
Short title, extent and commencement
1. (1) This Act may be called the Assam Shramik Bahini Act, 1959.
(2) It shall extend to the whole of the State of Assam.
(3) It shall come into force at once.
2. In this Act, unless there is anything repugnant in the subject or
(1) “Nayak” means the Nayak of the Shramik Bahini under
(2) “President” means the President of the Shramik Bahini
under Section 4.
(3) “Prescribed” means prescribed by rules made under this
(4) “Chief Engineer” means an Officer holding the post
of Chief Engineer, Public Works Department, Assam under both (Roads
and Buildings) and (Flood Control and Irrigation Wings) which includes
Additional Chief Engineers of both the Wings.
(5) “Regulation” means the regulation made under Section
31 of the Act.
(6) “Shramik” means a person who is not below the age of
18 years and is a resident of the State of Assam and desirous of putting
in his labour in any project, undertaking or contract work to earn his
living or to supplement his income.
(8) “Tender” is a formal offer for service, especially
for execution of work or supply of materials, submitted in response
to a notice issued by competent authority, containing terms and conditions
of service to be rendered.
(9) “Appropriate authority” in connection with any work
on a contract basis with the —
(a) State Government means the Government of Assam.
(b) Statutory body means the Statutory body; and
(c) Local authority means the Local authority.
CONSTITUTION OF SHRAMIK BAHINI
Mode of forming Shramik Bahini
3. (1) Any twenty-five, or more Shramiks in an area may, by individually
signing application in the prescribed form and by otherwise complying
with the provisions of this Act in respect of registration associate
and form themselves into a Shramik Bahini.
(2) The application under sub-section (1) shall specify one of the
applicants as the convenor of the Shramik Bahini.
4. (1) Immediately after a Shramik Bahini is registered under the provisions
of this Act, a meeting of the members of the Shramik Bahini shall be
convened by the convenor to elect from amongst its members an Executive
Committee. The meeting shall be held at such date, time and place as
the convenor may notify in this respect.
(2) The Executive Committee shall consist of not less than five and
not more than seven members from whom one shall be elected as the President
and the other as the Nayak.
(3) The Executive Committee shall sit at least once in two months.
(4) The terms of the office of the President the Nayak and members
of the Executive Committee shall be one year.
Annual meeting of the Shramik Bahini
5. (1) An annual meeting of the Shramik Bahini shall be held in the
beginning of every financial year for the purpose of: —
(a) Reviewing the activities of the Shramik Bahini during the current
(b) Considering the monetary position of the Shramik Bahini;
(c) Deciding how incomes are to be distributed in accordance with the
provisions of this Act;
(d) Electing the Executive Committee for the next year;
(e) Considering the annual accounts of the Shramik Bahini; and
(f) Considering such other business as may be placed before the meeting
in accordance with the regulation.
(2) Ordinary general meeting shall be held as often as found necessary
for transacting the business of the Shramik Bahini but must be held
at least once in six months.
REGISTRATION OF A SHRAMIK BAHINI
Registering authority of the Shramik Bahini
6. The Chief Engineer or any officer not below the rank of an Executive
Engineer empowered by him in this behalf, shall be the registering authority
of the Shramik Bahini.
Application for registration
7. Every application for registration of a Shramik Bahini shall be
made to the Chief Engineer or to the officer not below the rank of an
Executive Engineer empowered by him in this behalf in a statement containing
the following particulars; namely: —
(a) The names, occupation and address of the Shramik members making
(b) The name of the Shramik Bahini and the address of its office, which
may be situated at the residence of the Nayak or President of any other
place considered suitable by the Shramik Bahini.
8. The Chief Engineer or the officer not below the rank of an Executive
Engineer empowered by him in this behalf on being satisfied that the
Shramik Bahini had complied with the Requirements of this Act, in regard
to registration, shall register the Shramik Bahini by entering in a
register, to be maintained in such form as may be prescribed, the particulars
relating to the Shramik Bahini as contained in the statement submitted
Evidence of registration
9. The Chief Engineer or the officer not below the rank of an Executive
Engineer empowered by him in this behalf, on registering a Shramik Bahini
under Section 8 shall issue a certificate of registration in the prescribed
form which shall be conclusive evidence that the Shramik Bahini has
been duly registered under this Act.
FUNCTIONS AND DUTIES OF SHRAMIK BAHINI
Functions of Shramik Bahini
10. (1) The function of a Shramik Bahini shall be to do any work with
their own manual labour on a contract basis with the State Government
or any other statutory body or other local authority, provided that
the Shramik Bahini may employ any skilled labour as and when it may
deem fit and proper.
(2) The appropriate authority may, as and when considered necessary,
allot work of any kind the value of which does not exceed Rs 40,000
to a Shramik Bahini for its execution without calling for tender at
schedule rate on receipt of an application from a registered Shramik
(3) The Nayak or any other member when the Executive Committee may
select in this behalf shall on behalf of the Shramik Bahini, enter into
contract with the appropriate authority for taking up any work under
sub-section (2) and shall sign any document or do such other thing as
will be necessary in this respect.
11. The Shramik Bahini shall bear the expenses necessary for the management
of its affairs such as: —
(a) Expenses necessary for registration and for the maintenance of
the Shramik Bahini office,
(b) Actual travelling expenses of the members of the Executive Committee
when performing their duty under the provisions of this Act, and
(c) Such other incidental expenses as will be necessary for performing
any other duties by the Shramik Bahini.
Sharing of income
12. (1) The net income of the Shramik Bahini after deducting expenses
for the management of the affairs of the Shramik Bahini and payment
of skilled labour, if any, shall be divided among the Shramiks, pro
rata, that is proportionately on the basis of work put in.
(2) The Shramik Bahini may set apart an amount not exceeding 10 per
cent of the total net income, if it is desires, to constitute a Reserve
Fund of such Bahini.
RIGHTS AND LIABILITIES OF SHRAMIK MEMBERS
Votes of Shramik members
13. Each Shramik member shall have one vote only as a member in the
affairs of the Shramik Bahini.
Address of the Shramik Bahini
14. The Shramik Bahini shall have an address registered under the provisions
of this Act to which all notices and communications may be sent, and
shall send to the Chief Engineer or any officer empowered by him in
this behalf, notice of every change thereof.
Copy of Act Regulations to be opened to inspection
15. The Shramik Bahini shall keep copy of this Act and Regulations
governing such Shramik Bahini and its proceeding and accounts open to
inspection by any person authorised in this behalf by the appropriate
authority free of charge at all responsible times at the registered
address of the Shramik Bahini.
The Shramik Bahini to be body corporate
16. The registration of a Shramik Bahini render it a body corporate
by the name under which it is registered with perpetual succession and
with power to hold property to enter into contracts, to institute and
defend suits and other legal proceedings and to do all things necessary
for the purpose of its constitution.
Share or interest not liable to attachment
17. Subject to the provisions of this Act the interest of a Shramik
in the capital funds of a Shramik Bahini shall not be liable to attachment
or sale under any decree or order of a Court of Justice in respect of
any debt or liability incurred by such a Shramik individually.
18. The Shramik Bahini shall be paid at least 90 per cent of the value
of the work executed by it within every fourteen days from the date
of commencement of the work.
Transfer of interest death of Shramik member
19. (1) On the death of a Shramik member the Shramik Bahini may transfer
the shares or interest of the deceased Shramik member to the person
nominated in a accordance with the rules made in this behalf or, if
there is no person so nominated, to such person as may appear to the
Executive Committee to be the heir, or legal representative of the deceased
Shramik member, or pay to such nominee, heir or representative, as the
case may be, a sum representing the value of such Shramik member’s
share or interest, as ascertained in accordance with the rules or regulations:
Provided that such nominee, heir of legal representative, as the case
may be, may require payments by the Shramik Bahini of the value of the
shares or interest of the deceased Shramik member ascertained as aforesaid.
(2) The Shramik Bahini may pay all other moneys due to the deceased
Shramik member from the Shramik Bahini to such nominee, heir or legal
representative, as the case may be.
(3) All transfers, and payments made by a Shramik Bahini in accordance
with the provisions of this section shall be valid and effectual against
any demand made upon the Shramik Bahini by any other person or claimant.
Liability of past Shramik member
20. The liability of a past Shramik member for the debts of a Shramik
Bahini as they existed at the time when he ceased to be a Shramik member
shall continue for a period of two years from the date of his ceasing
to be member.
Register of Shramik members
21. (1) A registered Shramik Bahini shall maintain a register of the
members of the Shramik Bahini showing the name of members date of membership,
date of payment of membership fee and the date of ceasing to be a member
(2) A copy of any entry in a register mentioned in sub-section (1)
certified in the manner prescribed shall be admitted as evidence of
membership or otherwise.
Proofs entries Shramik Bahini’s books
22. A copy of any entry in a book of a Shramik Bahini regularly kept
in the course of management of the affairs of the Shramik Bahini, shall,
it certified in such manner as may be prescribed by the rules, be received,
in any suit or legal proceedings as prima-facie evidence of the existence
of such entry, and shall be admitted as evidence of the matters transactions
and accounts therein recorded in every case where, and to the same extent
as, the original entry itself is admissible.
Exemption from stamp duty, registration fee, etc.
23. The Shramik Bahini shall not be liable to any pay registration
fee or stamp duty or court fee stamp with tender.
INSPECTION OF AFFAIRS
Enquiry of Chief Engineer
24. (1) The Chief Engineer or any officer not below the rank of an
Executive Engineer empowered by him or any other appropriate authority
in this behalf may, of his own motion, or on the application of a majority
of the Executive Committee, or of not less than one third of the members,
hold an enquiry or direct some person authorised by him by an order
in writing in this behalf to hold an enquiry into the constitution,
working, financial conditions and accounts of a Shramik Bahini.
(2) The Nayak, the President and the Shramik member of a Shramik Bahini
shall furnish such information in regard to the affairs of the Shramik
Bahini as the Chief Engineer or the person authorised by him or any
other appropriate authority may require.
DISSOLUTION OF THE SHRAMIK BAHINI
25. (1) If the Chief Engineer after enquiry is of opinion that the
Shramik Bahini ought to be dissolved, he may cancel the registration
of the Shramik Bahini:
Provided that the Shramik Bahini shall be given an opportunity to show
cause why the registration of the Shramik Bahini should not be cancelled.
(2) Notwithstanding anything contained in sub-section (1), registration
of a Shramik Bahini may be cancelled at the discretion of the Chief
Engineer if more than two third of its total number of members applies
in writing for cancellation of the Shramik Bahini.
Effects of cancellation of registration
26. Where the registration of a Shramik Bahini is cancelled, the Shramik
Bahini shall cease to exist as a body corporate.
No jurisdiction of Civil Court in matter of dissolution of Shramik
27. No civil court shall have any jurisdiction in respect of any matter
connected with the dissolution of the Shramik Bahini under this Act.
Shramik Advisory Committee
28. (1) The State Government may, from time to time, constitute at
the sub divisional level a Shramik Advisory Committee consisting of
such number of persons as it may think fit in each case and on such
terms and conditions as may be prescribed.
(2) A Shramik Bahini may, if it thinks fit, consult the Sub divisional
Shramik Advisory Committee on any business coming before it, and shall
so do in respect of such business, as the State Government may by general
or special order in this behalf, specify or when required by the regulations
so to do.
Pradesh Shramik Advisory Committee
29. (1) The State Government may constitute a Pradesh Shramik Advisory
Committee at the State level, consisting of such number of persons as
it may think fit, and on such terms and conditions as may be prescribed.
(2) The functions of the Pradesh Shramik Advisory Committee shall be
(a) To assess the working of the Shramik Bahini;
(b) To chalk out plans from time to time in order to organise or re-organise
the Shramik Bahini in the best interest of the Shramik Bahini; and
(c) To harness the man power more effectively.
Power of the State Government to frame rules
30. (1) The State Government may, by notification in the official Gazette,
make rules to carry out the purposes of this Act.
(2) At rules made under this section shall be laid not less than fourteen
days before the Assam Legislative Assembly as soon as possible after
they are made, and shall be subject to such modifications as the Assam
Legislative Assembly may make during the session in which they are so
laid or the session immediately following.
Power of the Shramik Bahini to frame regulation
31. Each Shramik Bahini may make regulation for its internal administration
consistent with this Act and the rules made thereunder.
Certain Acts not to apply to Shramik Bahini
32. The following Acts, namely: —
(a) The Societies Regulation on Act, 1860, (Act XXV of 1860)
(b) The Assam Co-operative Societies Act, 1949, (Assam Act I of 1950)
(c) The Companies Act, 1956, (Act I of 1956).
Shall not apply to any Shramik Bahini and the registration of any such
Shramik Bahini under any such Act shall be void.