The Sikkim Khadi and Village Industries Board Act, 1996
This Act sets up the Sikkim Khadi and Village Industries Board and gives it powers to plan, promote, and support khadi and village industries in Sikkim.
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The Sikkim Khadi and Village Industries Board Act, 1996
AI-assisted research summary: This Act sets up the Sikkim Khadi and Village Industries Board and gives it powers to plan, promote, and support khadi and village industries in Sikkim.
CKNHHHWWENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY Gangtok Tuesday, 9th July, 1996 No. 84 GOVERNMENT OF SIKKIM LAW DEPARTMENT GANGTOK. ‘Dated No. 4/LD/96 the 4th July, 1996. NOTIFICATION The following Act ofthe Sikkim Legislative Assembly having received the assent of the Governor onthe 29th day of June 1996 is here y published for general Information:- THE SIKKIM KHADIAND VILLAGE DUSTRIES BOARD ACT, 1996 ' (ACT- NO. .4. OF 1996 ) AN ACT to consolidate and amend the law relating to the Sikkim Khadi and Villa've Industries Board and to proud-a for uniformity among the Boarcls in di 9- rent States of the country and to ensure better (To-ordination and imple— mentatiou of the various programmes being undertaken by them. BE 11; e.-actc.d by the ngislatiVs‘L Assembly of Sikkimin the: Forty- seveoth year ofthe Republic ofIndia as follows :~ CHAPTER — 1 PRELIMINARY Short. title, 1. (I) This Act may be called the Sixkim Khad and Vlllage Indus- extent and tries Board Act, 1996 commencement. (2) It exteods to the whole ofSikkim. (3) It shall come into force on such date as the State Govern- ment may, by notification in the Official Gazette, appoint. Definitions. 2. In this Act, unless the context otherwise requires ;- (a) “Board” means the Sikkim Khadi and Village Inclustues Board established under section 3 of the Bill"; (h) “Chairman” means Chairman ofthe Board ; (a) “Commissxon” means the Khadi and Village Industries Commksion established under section of the Khadi and Village Industfies Commission Act, 1956 ; 61 of 1956 (d) "fixed. capital investment” means the Fixed Capital In- vestment as defined in sub-section (cc) of section 2 of the. Khndi and Village Industries Commission Act, 1956 ; 61 of 1956. Q) "Goveniinent” means the Govarnment ofSikkim ; (f) “khadi” means any cloth woven on handloonl in India from cozton, silk or woolen yam hand spun in India. or From a mixture of any two or all of such yarns certified by the Commissmn as Khadi and shall in-‘lude readymade garments made out of sucn cloth ; (g) “member” means Memberofthe Board. (h) “notification” moans mo. notification published in the Official Gazette ; (i) “prescribed” meansprescribed by rules made under this Act ; (j) “reéluations” means regulations made by the Board under this Act ; 398 (k) ”rural area” means the area as defined in sub-section (4?) of fiction 2 of (2hr Khmli aria Village Industries Commission Act. 191;6 ; ' 6'. gf195 (1) "Village industry” means any industry as defined in sub— section (11) of section 2 of the Kltadi and Village Industries Commission fiat, [955. 61 EleS CHAPTER — II THE KLHAUI AND VILLAGE INDUSTRIES BOARD Embiishmem 3. (I) VVitlI -_f‘l&:ct from such date as the Guvurnmcnt may, by and incarpa» notification, fix in this Behalf, there shall he established ‘al ratio!) :3,"the Ban-.1 to 1).; called the Sikkim Knarli :uul Villagt In&ustries Baarrl'. Board. (2) Th: Board shall be a body corporate having Perpetual succc» ssion and a col-union final and shall by its carpal-an mum. sue and. be sued. Compositian 'lhe B';Bl‘d shall consist of the following unenllxrs appointevl by of the Board. the Government, namely :- ‘ (2“ Chaiunm (b) Maxinxuan four non-aficial members having sphcialisetl knowledge and exlmricme with Klladi and Village Indus— tries Mambo] , Kc) Ihree representatives ml" the Dcpartments or] hidustrics, Finance ant‘ Planning and Deselopment not below the. rank 0F joim.Secretaries . .Member. (6) Representative ofthe K'hadi and Villagé lndustrich Commission Member, . . (9) Accounts Officer al‘ the Sikkim Khadi and Village Indus- trim Board who slmll also he the incl-large of accounts of the Board .Member, . (I) Executive Officer of the Board Member Secretary. Powers and 5. (i) The Execu Officer appomted under clause (0 of section fuiu‘tiflns {7}" 4. shall exeiuse powers of general superintendcnce over the dz: Exzczmm anairs of flu: Board and its rlay—to»tlay management under Ofiicer tlle (Iii-$0110“ and control of the Chairman. V (1'; The lz‘xt‘rut'h'r: Officer shall 13:. responsible for the furnish— ‘ug of all returns, reports and stalexnents requi:ed lo be l'ur.xish.cl to the Guvernrnent and the Commission under section 31. {2) It shall be the (ivty of the Executixe OHicer to place before lllF Board for its caustic-ration and decision any matter of financial lnlportancu which the Accounts Officer suggests to him in writing that such matter be Placed before the Buard. Power: Burl 6, The Accuums Officer appointed undu- clause (a) ot' section 4. shall functions .3f he imchargc of all financial matters ofthe Board including its Budget, the Acct-um: accounts and audit, and it shall be the duty of the Acdouuts Office;- ofism. to bling to the notice of thc Board through thc Executive Officer any matter of financial impart, which in his opinion, rcquires con- sideration and decismn By the Beast! Disquah’ ca- 7. A person. shall be cllsquallfieil for being appnimed as, and for tianfbr mam— being, a mmber of the Board ‘ lmrship 9fthe (a) if he is, or is round to be a lunatic or a parser: of unsound Board. mind ; or (b) ifhe has bven adjudged insolvent ; or (c) ifhe has been convicted ofan ofl’euce mvolving moral turpitude ; or 399 (4) if he has any financial interest in any subsisting contract mada With 0 in any work being done by tht: Board, excePt as a shareholder (other than a Director) in a company as :{efined in section 3 of the Companies Act, 19:6 ‘ I gfi956 Provided that where he is a shareholder, 11. shall disclose to the Government, the nature andextent of shares held by him in such a company ~ or (B) if he has any financial interest in any business Llnd-Jtnking dealing with or any other village industry as may be sperii‘ fied. ' Ramam? 43’ 8. The Government may, by notification, remove [turn the office Chairman, any member of the Board, who - Member , etc, (a) is or has become subject to any of the disqelalifications mam firm: the tinned in section 7 ; or Emmi (b) in Lhe opinion of the Govurument, has failnil or is tumble: to carry out his duties ; or (C) absents himself from three consecutive Ineetings of tilt: Board without the leave of the Board : Provided |l1n1t before issuing any such notificaaian the Government shall give an oppm‘tunifiy to the member concerned to show cause against such removal. Resignation 9f 9. Any member may resign. his ufiice by giving notice in wri- 0197“ by ting to the Gnvemmen‘ andJ or. such resignation being noti— Member . fied in the Official Gazette by the Government, he shall be deemed to have vacated his office. In the event of any vacancy in the silica cf 9 member of the Board by reason of death, resignafin12, h‘mm—al 0.“ other- wise, such vacancy may be fillgd in bythe Covernnianl: and die member thus appointed in such vacancy shall hold oFfivc For the unexpired term of the member whose place heiills. Vacuuclas vn. No m or pn‘uceudings or chi; Board shaEl be invalid mercly by reason ctr. not to of the existence of any vacancy amongst its members of any defer: Inmliduta in the consriuuion thereoF. ac: and pro- tegdingx of tin Baud. Temporaifp i l. (I) The Board may 3530 ‘ \tc: “Pith itself in such manner md for amaan‘un such purposes as may be determined by regulations madn; {if persons under this Act, an pelson whose advice or assistance it with Board may desire in compl ing with anyol‘ the provisions at this fin— yarmumr Act. purpose. ('3') A Ps‘isun asiuciatcd with it by thc Board under sub-section (I) for any gurpnse shall have the right 1'0 take part in the discussions of the Board relevant to that purpose, but shall not: have ”15 right to vets and shall not be a member For any Other purpose. (3) The Governmml and the Commission may depute one. or mozeuf Their 083cm to attend any “letting ol’ the Board and to take part in the: rliscussuions of the Bam'd, but such officer or officers shall not have. the right to votei flfscting of la. (I) The Board shall. meet at such times and places and shall, sub- the £0 1rd. jeét to the provisions of sub-sections (2) to (q), observe such rules or procedures in regard, to the transaction of business at its meccings, including the quorum at meetings, as may be provided by regulations made by the Board under the Act .- 400 Provided that thu Board shall nit-ct atleasl‘ once in even-y two months. (1) The Chairman or in his absence, any member chosen by the members present from amongst themselves, shall preside over the meetings of the. Boar . ’ (3) All questions at a meeting of the Boarri shall be decided by a majority of the votes of the makers present and voting and in the ease of an equality of votes, the Chairman of th..; Inca- ting shali have a second or a casting vote. (4) The proceedings of the meeting or the Bead shall be for- “mrdcd to the Governmant and to Commission “within fil- teen days of ever-y meeting. Term 9f (I) Every member of the Board shall Ewid office for a term of affine and five years : conditions qf Provided that the Chairman shall notwithstanding servicfl 9f lbs thn expiration of his tax-n1 continue to hold office. until his Chairman and successor enters upon his ufficu. other rem- hers. (2} The terms and conditions 0! service of the Chain-nun, Exc- cutlve Officer, Ascounts Officer and other members shall in: such as may be prescribed. Appointment 91‘!- (1) Subject to sud) rules as may be nsade by the Governnimnt in and condi- this behalf, th ; Board may, after creation of the past with the tion: 9fscr- prior approval of the: Government, appoint such other offi- vicr: :gf afi? cers and employees as it unnslders necessary For the efi‘lcient nus and ether perforumuce OF its function. emplcyces 9f the Board. (a) The scl‘VV‘e comli ‘cns of the officers and employees of the Egan! shall be. 30‘ Red by thr- State Government Servlcr- Rules (LS anmmlrzrl From tilnc to time. - The Boarr." sliail he the appointing authority in I'L'SPL'E‘: of all ri‘n: officers and the canploynes of the Boara. Standing F:— -(l) “116m shail be cousfitutuc‘; From amongst the members of nuncfi Commi— the Board excluding te Chainnan, :1 Standing Finance Comp tree. nutlee to axerfiisc such pox-vars and perfnm such functions .veiating to finance of the Board as may be delegated by the Board in Vhe prescriberl Dunner. 'Ihe procee .ings of the Ineeting of the Colnnfittce shall be {bi-wander! to the Govern- ment within fifteen clays of every tneeting. ."\a The Board may also delegate necessary financial powers to its officers for expeditions disposal of won: subject to such canditions as it deems fir. Appointment 16. Subject [1: any rules made in this behalf, the Board may, from time vf otizer Cam- to time, appomt one or more committees for th: purpose of eflicient mittces. disrharge of its funntions and, in particular for the purpose of secu- ring that the functions shall be dischargefl according to the circums- tances and requirements of khatli or any particular village industry. Such committees may be appointed For any specific areas. Power: 9f the 17. Subject to the prnvisions of section 22 anrl subject to the condition Board to that the expenditure Ls covered by the budget sanctioned by the spam]. Government, the Board shall have power to spend. such sum as it thinks fit for the Put-Pose authorised by this Act. 40] CHAPTER - Ill FUNCTIONS OF THE BfJARD Functions of ('0 Subject to the provisions of this Act, the functions of the the Board Board shall enerally be to plan, promote, organisa. and assist . in the estabishznent and development of Khadi and Village Industries in the rural areas in coordination with other agen— cies engaged in rural development wherever necessary. U) In particular and without prejudice to the enerality of the foregoing powers, the Board may take suc other steps as it may think fit - to plan and organise training of persons employed or desir- ous of seeking employment in khadi and village industries ; (‘3) to build up reserves of raw nnaterials and implements anal supply them to persons or institutions engaged or likely to he engaged in production of hand spun yarn. or khadi and village industries ; (cl to encoura e and assist in creation of common service Faci- lities for tie processing of raw materials or semi-finished 06.5 and for otherwise Facilitating production and market— ing of kharli or products of village industries ; ((1) to promote. the sale and marketing of kliatli or products of village industries or handicrafts and for this purpose, forge links with established marketing agencies wherever nemes— sary and feasible ; (6) to encourage and promote research. in technology used in khadi and village industries including the use ofnon-conven- tional energy and electric power with a View to inc-easing productiwity, eliminating drudgery and otherwise enhan— cing their competitive capacity and to arrange for dissemi- nation of salient results obtained from such research ; (F) to zutdertake directly or through other agencies studies of the problems of khadi or village industries ; (g) to provide financial assistance to institutions, cooperatives, or persons, as the case may be, who are engaged in the deve- lopment and operation of khzuli or village industries and guide them through supply of designs, prototypes and other technical information for the purpose of producing goods and servicrs for which there is eHective demand in the opi- nion of the Board ; (h) to undertake experiments or pilot projects which in the opinion of the Board are nescesary for the developnlent of khadi and village industries ; (i) to Promote and. encourage cooperative eflorts among the manufactures of khacli or presons engaged in village indus- tries ; (l) to ensure genuineness and to set up standards to quality and ensure that products of khadi and village industries do conform to the said standards ; (k) to explore and undermine export activities ; (l)' to establish and maintain separate organisation for the pur- pose ofcarrying out all or any ofthe above matters ; (1“) to carry out any other matters incidental to the abOVc. Para-cf In the discinrge of its functions under this Act, the Boas-(l shall be Gorernmmt bomud by such directions as may be given to it by the Govermnent‘ to giro «ii-rec» From time to time in conformity with.the' provisions of this Act. tions. 402 Power of the '1o. ‘Without prejudice to the provisions of section :9, the Board shall Commission also he lvnuml by such flirtatious as may be given to it by the Can'- to Hire Hire-e— Jnission J'i-om tirno to titne in respect to? implementation ofProgram— tiont. 1nes assigned and finances provided by the Cmntmission. CHAPTER - 11-“ PREPARATION‘AND SUBMISSION OF PROGRAMME P an re ti pa s r o a l t i i t o a n ir- 2I . [1) s in uch ea f c a h m f e ina as nc m ia a l y ye b a e r, pr t e h s e cr B ib o e a d rd , p s r h e a p l a l, re at a s n u d ch s . u t b im m e it a to nd th in e ties of Annual Government and the Gommission - Programme (a) programme oi" its work ; and oneII Estabiish- {b} a schedule of the staff aural ofi'icers already employed men: Sefieciuie. and to be canployerl. (I) The programme oF its work shall contain n {a} particulars of the schemes whhch the Heart? proposes tr.“- exeeutc whether fully or in Part and financed by the Government, the |I'Soruttflission and other Agen- cies ; (h) particulars oF any work or undertaking which the Board proposes to organise during the following year for the purpose of carrying out its functions under the Act and such other particulars as may he prescribe-r1 or may he required by the Government or the Contmission. Sanction of. 1E. {I} T sa h n e ct G io o n ve th rn e nt p e r n o t g m ra a n y u , n w e it a h nd th s e ch a e p d p u ro le va o l F HF st t a h ll e ' o C r om of n fic ti e ss rs ion o , f programme ertabfishrnent the Board with such modification as it easy deem fit. sefiedoIt. ft} The pro ramroe sanctioned by the Government shall be sent to t e Commission. Budget. 1 _i,. (1} The Board'shfiil, in such form and at such time as may be prescribed, prepare each year a butlget ofits estimated receipts autl eapenfliture on capital and revenue accounts according to the progral‘lle and schedule sanctioned by the Govern- ment under section as For the next financial year and shall submit the budget to the Govemment. {t} He sure shall be expended by or on behalf of the Board un* less the expenditure is covered lay specific provision in the budget sanctioned and approved by the Government and the Contna'ission. S Bu a d n g ct e io t, n of 1'51.. {1} W Th it e h G su o c v h eim m m od e i n fic t a m tio a n y s s a a s nc it tio d n ee t m h s e f b it u . dget submitted to it (a) The Board shall not be competent to transfer funds sanc- tioned For one scheme to another scheme — t“a where Funds in respect or such-schemes are allotted 11:; the Commission. without the approval oF the Commission, and - (h) in any other case, without the approval of the'Gnvern- ntent. ' - S P an r u o p d g p r s l a e u m m p m e p n l e e ta - ry - t 5'. T m at h . e e s n u t B c a h o ry a t r i d b m u e m dg a a e y s t f s t o h u e r b . m th G e it ov s a e an r s n c u m t p io e p n l n e t o m f m e t n a h t y e ar G p y r o e p v s r e e o m r g ib r m a e r e - r a n u n t ne d in .th a s e n u t - c i h p a r ‘ F o o s v r u i m s p i p o a l n e n s d - .oFtseetions 21 to 14. shall apply muntatis—mutandis to such supple» mentor? Budget, mentary prograuune and budget. 403 CHAPTER —— v FINANCE, ACCOUNTS, AUDIT AND REPORTS P I r r e q p m a f y ir . qf 25 . o 'Y t ‘ h lie er G p o r v o e p r e n r m ty m , t w m he ay the tr r an m s a fe m r b t l o e t o h r e i B m o m ar o d va b b u le ild o in n g s s u , ch lan c d on o d r itio a n n s as the Government may deem fit for the purpose of this Act. Funds fir the 27. (I) The Board shall have two funds to he called as the develop» Board. ment find and general and miscellaneous fund. (2) All such sums receivml by the Board For the purposes rela- ting to dcvelopnrmt of kharli and village industries shall be credited to the development fund and all other sums recrL ved by the B0316: shall be: crezliterl to the general amil miscm Ham-mus fund. \3) The smns caediced under sub-section (2?. - -\ (.1) lo the development fund, shall be applied for the purposes relating to development of khadi and village industries ; (b) m the general and miscellaneous fund, shall be app- lied for the purposesofrneeting the 52hr), allowances mail other remuneration of the members} officers and other empluyres oi the Board and other administra- tive expenses of the Buarrl. (s) The Board may accept grants, subventinns, donations and glfts and receive loans from Government or'a legal authflrity or any body or association whether incorporated or not, or an individual or all for any ofthe purposes of this Act. (5) All money belonging to the Funds of the Beard shall be de- Pnsired in any nationalised bank or banks or in a Govern- ment Treasmy or be iJ'nrester.l in such securities as may be approved by Lhe Government from time to time. (6) The accounts of the Board shall be operated upon lay such officers jointly or individually as may be authorised by the Board from Lime :0 time. Rae": Fund 28. The Board shall establish a rcscrvc Fund to which shall he c5“ :1": Board. credited such funds as may be provided by Government for HM: purpose. (1) 'Ihe management of the reserve fund, the sums to be credi— ted from time to time, the credit thereof ahd aPPlicatiun of the moneys comprisecl therein, shall be determined in such manner as may be prescribed. (3) The reserve fund shall be utilised fur setting ofi" irrccovexsk ble loam and losses in direct trading activities. Aypl‘ication 13f 19. (I) All pr‘ope’rty, funk] and. other asset: of the Board shall he held funds at:- and apyliecl by it subject to the Provisions and For the Purpose of this Act. Subuntion 3a. (I) The Government shallJ'i-om time to time, make subvenrion and Ivan: w and grant; to the Board for the purpose cl this Act on the Board. - such tcnns and committing: as the Goyemxuent‘ “my demar— minc ,in each (use. - (=)‘_ The’establishmant expenditure of the Board. shall be the sale 'Icaponsibl'lity of the State Govemmmr. (a) The Board may, from time 'to time, with the previous Slum tion of the Government and subject to the provisions of this Act and such conditions as the: Government may decal-snipe, ; borrow any slum required for the purpose of this Act, onthe security of the Fu'nzls or any other assets for any.pu1~pope for which such fund or assets may-lac applied. ._ - - , 404 (4.) The Government shall stand guarantee For securing loans, A repayment of all the libflitios of the Board to the Khadiand Village Industries Commission or any other agencies. Accounts and 3I. (1) The Board shall maintain proper accounts and other rele— Audit. vant recorcls and prepare an annual statement of amounts includin the profit and loss account and the balance sheets in such arm as may be Prescribed. (2) The Board shall maintain a proper system for internal audit oi its accounts. (3) The accounts of the Board shall be audited by the Accoun- tam: General of Sikkim or such persons as the GOVemment may, in consultation with the Commission, appoint from time to time. (4.) The accounts of’ the Board as certified by such Auditor under sub-section (3) together with the auditreport thereon shall be Forwarded annually to the Government and to the. Com- mission at such time as the Government may specify in this behalf. (5) In addition to the auclit profidecl in sub-section (3), the Commission shall also have the right to audit and ins- pect the accounts of the Board pertaining to the funds ad- vanced by the Commission and the Board shall comply with such directions as the Commission may issue in this regard. (6) The persons flischaiging fimctions Link‘s? sub-section (3) and (5) shall in connection with such audit, have such rights, privileges and authority as may be prescribed and in parti- cular such persons shall have the right to tlemand the pro-- duction of books of accounts, connected vouchers and other documents and to inspect any of the. officers of the Board. Annual Re- 31 . (I) The Board shall prepare and forward to the Government and port. the Commission an annual report. within three months from the end of the financial yeargivina a complete account of its activities during the previous manoial year alongwith a copy of the ammo! statement of account together with the audit report thereon referred to in sub—section (4.) of section 3: in such man-oer as may be prescribed. (2) The report and the annual statement of accounts together with the audit report received by the Government under sub-section (1) shall be, laid before the State Legislature as soon as may be after it is received by the Government. Other reports, 33. The Boarrl shall at such time and in such manner, submit to the statistics and Government or the Commission its reports, statistics and returns returns, 38 the Government or the Com-ission tony direct from time .to time. CHAPTER - VI MISCEL—l.ANEOQS Members, Ofi- 3-1-- Members, 'ofi'icers anr.‘ employees ofthe Boardshall be deemed cars and cm- whm acting or purporting to act in pursuance of any of the rovi- pltyrm of the sions ofthis Act or under the rules or regulations made thereunder Board to be to be public servants within the mailing of section 21 of the pullic ser- indian Peiul Code, 1.86:1. 4.; 9f 1860. rants. 35- No suit, Prosecution or other legal proceedings shall lie against p any member, officer or employee of the Board for anything done in good faith or purported to he done under this Act or any rules or regulations made thereunder. 405 Idation. 1 Va 36. (1) No act of the Board or any Committee or any officer done in good faith in pursuance of the functions of the Board shall be domed to be invalid by reason. only of some defect subse- quently discovered either in the constitution of the Board or in the constitution of any Committee or in the appointment or selection of an officer or on the ground tlmt such officer was disqualified for his office. (2) No act done in good faith by any person appointed under this Act, rules and regulations shall be invalid meiely by reason. of the fact that his appointment has been cancelled b or in consequence of any other order passed subsequently under this Act or any rules and rgulations made thereunder. (3) The Board shall decide whether any act was done in good faith in pursuance of the functions of the Road and the deci- sion thereon shall be final. Dissolution 37. (1) The Govermuent may, by notification, direct that the Board afBoaz-d. shall be dissolved from the date specified in the notification and thereupon the Board shall be deemed to be dissolved accordingly and any committee constituted shall cease to function. (2) On and from the said date - (a) all Properties and funds, which imnlcdiately before the said date were in the possession of the Board for the purpose of this Act shall vest: in the Government ; (b) all members shall. vacate office as lnembers of the Board ; and (c) all rights, obligations and liabilities including any liabilities under any contract of the Board shall become the rights, obligations and liabilities of the Govern~ meat. Supersessian 38 . (I) The Government may, by notification, supersede the Board 9f the Board. for such period as may be specified in the notification and declare that the duties, powers and functions of the Board, shall during the Period of its supersession. be discharged, exercised and performed by such person or authority as may be specified in the said notification. (a) The Governmct shall before expiration of the period of supersession, reconstitute the Board in accordance with the provisions of section 3. (3) The Government may take such incidental and consequen- tial provisions as may appear to be necessary for giving effect to the provisions of the section. (4.) Any notification issued or order made by the Government under this section shall not be questioned in any court. Recoveries of 39. Any suru payable to the Board under any agreement, express or arrears. implied or otherwise, however, may be reenvered without prejudice to any other remedy as an arrear of land revenue. Powers w 4.0. (1) The Board may, after prior consultation. with the Executive notto of Oficer of the Board, write 03' losses upto rupees five thou- losses. sand (Rs. 5,0oo/n) in individual cases falling under any or all of the following categories, namely :- (a) Loss of irrecovemble value of stores or of public money due to theft, fraud or such other cause ; (1:) Loss or irrecoverable advance other than loans ; and (c) deficiency and depreciation in the value of stores. 406 (2) The Board may. with the prior approval of the Government, write all. irrecoverable loans and losses exceeding rupees five thousand (Rs. Loco}; in each individual case. (3) The Board shall take suitable action a inst the persons res~ pensible for the loss and shall also sent to the Government a detailed report together with the action taken against the persons, if any, responsible For the loss. Power to 4.1. The Government may, by notification, make rules Fm- carry- make! rules. ing out (he purposcs of the Act. (L3) In particular and without prejudice to the generality of the Foregoing powers, such rules may provide for all or any of' the Following matters, 1121111er :- (a) the place at which the office of the Board shall be located ; l \ la) the manner 0F filling casual vacancies among the 111cm- hem of' the Board and the terms and conaitions of service of the Chairman, the Executive Officer, the Accounts Ofiicer and other members of the Board including the salary and allowances to be paid to them and the travelling and daily allowances to be drawn ‘py them when they me on hot ; (c) the procedure to be followedin removing a member who is or has lief-01116 ,subiect to any disqualification ; (d) the condition subject to which and the mode in which contracts may he entered into by or on behalf of the Boarcl ; (e) the time within which and the form in which the ' budget anrl the supplementary budget shall be pre‘ pared and submitted in each year under sub-section (1) of section 23 and section 25 ; (F) the piecedure to be followed. and the condition to he observed in horroxving wrong-y under su-.—section (3) of section 30 ; (g) the procedure to he followed for placing the Board in passession of Funds. (3) In regard to the iolloxiring, the Government may, in prior consultation with the Commission, make rules by notifica- tion, to give efiect to the provisions of this Act :- (a) The procedure to he followed and the condition to be observed in granting loans under section 3:: ; (b) the £011“ and inanuer in which the accounts of the Board shall be maintained under sub-section (1) of section 3 I ; (c) the form and manner in which the returns, reports l or the statements shall he submitted under sub-sec- tion (I) of section 32 and section 33 ; (cl) constituting the Stancliug Finance Committee under subsection (1) of scetion 15 ; (c) any other nmttcrs which is to he or may be prescri- bed. Power to 4.2. (I) The Board may, with the previous sanction of the Govern- make regula- ment, by notification, make regulations not inconsistent tiaus. with this Act and the rules made thereunder, For enabling it to perform its functions under this Act. (I) in Particular and without prejudice to the generality of the 407 foregoing powers, such regulations may provide for all or any of the following matters, namely :~ (3) The time and place of meetings of the Board, the procedure to be followed in re ard to transaction of business at such. meetings and t quonnn necessary for the transaction of such business at: a meeting ; 5b) functions of committees and the procedure to he followed by SuCl'l committees in the discharge of their functions ; (c) the delegation of powers and duties to the Executive Officer or any officer of the Board ; (d) the persons by whom and the steamer in which pay- ment, deposi.s and investment may be made on behalf of the Board ; (e) the custody of moneys required for the current ex- penditure of the Board and inVestment of moneys not so required. (3) The Board may, in consultation and with the previous sanc- tion of the Goternment, by notification, make regulations- to provide for the maintainance of the minutes of t mee- ting of the Board and the transmission of the copies thereof- to the Government and the Commission. Power to 4.3. If any diHiculty arises in giving efi'ect to the provisions of this remove difi‘i- Act, the State Government may take such steps or issue such orders colties. not inconsistent with the provisions of the Act as may appear to it to be necessary or expedient for the purpose of removing such di- Pficulty : Provided that no such order shall be made after the expiry ofa period of two years from the date of commencement of this Act. Repeal and 44.. (1) On and from the date of commencement of this Act, the Sewing. provisions of the Sikkim Khadi and Village Industries Board Act, II of1978. I978 shall stand repealed. .. ((2) Notwithstanding such repeal, anything done or any action taken under the Act so repealed shall be deemed to have been done taken under the corresponding provisions of this Act. or By Order ofthe Governor, B.R. PRADHAN, Secretary to the Government ofSikkim, Law Department. one. 16(28)LD/77-96 408Referenced legislation
- Companies Act, 19:6 (unresolved)
- Khadi and Village Industfies Commission Act, 1956 (unresolved)
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The Sikkim Khadi and Village Industries Board Act, 1996
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