Extension of the Himachal Pradesh Khadi and Village Industries Board Act, 1966 to Delhi Dt. 28.02.1983

A ^ &s. C o * » ( TO BE PUBLISHED .P THE DATED - * GAZETTE- OF 3SHIA, P A ^ I I , SSOOT g i , '^^ms^m^^ n. * -« •.- - -" '.' ~J. In. exercise of the po Thmugbout the Act,' ^ less ^ g ^ ^ ^ ^ areas ; ^^£2Z£&& ^ *. ^ of grammar may require; ^ "Official Gazette", the yords "Delhi Gazette" Sttaxx u« 3 In sect ion 2, b<-ioT« u Industries Hoard l r^ 5, In section 9, in sub-section (3) , £° r t h e words "officers of- the-Qsvtiiruaent",. the. words i "officers serving- in «onneet:don with the- adfeirtistrafcion of the Union terri tory of Delhi" shs.il be substituted, 6l~~ In" section 22, in sub-section ( 4) , for the words "State Government",, the words "Central Government"' shall b6 substituted. -..,,:... . ..'I _ .-.. ..." wo rds "before "the "Metropolitan Council, of-Delhi"' ; ^ shall- be substituted* 9. In section 32, in sub-section (5 ) , in clause ( i i ) , for the words- "Statue- Government*1[, jbhe^/ords "Central '. Government" shall' be* substituted.,>%. . - , ,- : ,- ;'„', 10. In section 35f sub-section (3) shall be ondt^ed. i THE HIFACHAL PBkDESH KHADI AND VILLAGE INDUSTRIES S&-.RD i-CT 1966 (HIMCHAL PRADESH ACT NC. 8 OF 1966) A3 EXTENDED TO THE UKIOIJ TERRITORY OF DELHI. m ACT comprised i n Himachal Pradesh immediately before 1 s t November, CHAPTFR I PRELIMINARY 1 . Shor t t i t l e , ex tent and commencement . - ( 1 ) This Act may be Act , 1966. ( e ) "Khadi" means any c l o t h woven on handleoms in India Commission and t h e Board, THE DELHI KHADI AND VILLAGE INDUSTRIES BOARD 3 , Establ ishment o f t h e Board.— ( 1 ) With ef fec t from such sue and t o be sued! Admin i s t r a to r , Commission nominate one of t h e members of t h e Board t o be t h e Chairman the reof , 6. Secre tary , - The Admiaistrator sha l l apooint aft- r c -'••"- t a t i o n with the Commission, a member o ther than the Chairman r the Vice-chairman to he the Secretary of the Board whb 'Shall exercise such powers and discharge srch duties as nay be proscribed or as may be delegated to him by the Chairman* 7 . Resignation of office by members:- Any member may resign h i s off ice by giving notice in writ ing t o t he Administrator and on such resignation being notif ied in t h e Delhi Gazette by th< Adain i s tmtor sha l l be dcemc-r1 to ,---- -vacated his of f ice . 8. Vacancies e t c . not to inval idate acts and proceedings of the Board or any of i t s committees.:— No act or proceeding of the Board o r any- of i t s committees sha l l he inval id by reason' only of the existence of any vacancy in i t s membership or by reason of any defect in the const i tut ion thereof. 9. Temporary associat ion of persons vdth the Board for such manner and for such purposes as may be rletormimKl by regulations made under t h i s ac t , any person whoso ass is tance or advice i t may desire in complying with any of t he provisions of t h i s Act, ( 2 ) A person associated with the Board undi r stib-sccticn ( 1) for any purpose s h a l l have the r ight to take par t in the discussions of t h e Board relevant to that purpose, but sha l l not have t h e r ight to vote and sha l l not be a member for any other purpose. ( 3 ) The Administrator may, by order , depute one o r more of f ice rs serving in connection vdth the administration of t h e TTnion t e r r i t o r y of Delhi to at tend any meeting .of the Board, and to take par t in , any discussions of t he Board, but such of f icer o r offxefers •shal l not have the rxght to vote J 10. Meetings of t he Board:- ( 1 ) The Eo&rd shal l meet a t such times and places and s h a l l , subject to t h e provisions of sub­ sect ions (2) to (/,.), observe such rules of procedure in regard to t he t ransact ion of business a t i t s meeting, including the - quorum at meetings, as may be provided by regulations made by the • Provided tha t the Board sha l l meet a t l e a s t once in every tv-̂ o (2) The Chairman may, whenever he thinks f i t , c a l l a special meeting of"the Board. (.3) The Chairman or i n .h i s absence, the Vice-Chairman or , in the absence of both the Chairman and the Vice-Chairman, any member chosen by the members present from among themselves, s h a l l preside a t a meeting of the Board. (A) All Questions at a meeting o f the; Board s h a l l be decided by a majority of votes of the members present and voting end in the case of an equali ty o f ' vo tes , t he Chairman, o r , in his absence, t he person presiding sha l l have a second or cast ing vote, (5) Minutes of t he proceedings of each meeting of the Board shal l be drawn up and recorded in a r eg i s t e r to bo kept for tha t purpose, f.nd sha l l be l a i d before the next ensuing mteting of the Boar'1. and signed at such meeting by the pres iding off icer thereof and copies of such minutes sha l l be forwarded to the administrator and the tonmission within fif teen days from the date en which they arc signed as aforesaid, 11. Texas r.f t he office and conditions of service-of t he Chairman, Vice—chairman, Secretary and other members- t h e term of office and te rns and conditions of service of the Chairman, Vice-chairman, Secretary and other members sha l l be such as may bo prescribed. 12. Standing Committees :- ( l ) There Shall be constituted from among the members in the prescribed manner a Standing Finance Committee, which sha l l exercise such of the powers r e l a t i n g to the finances of t he Beard as nay be specified by regulations made by the Board under t h i s Act, (2) The Board may const i tu te such other standing committees consist ing of such number of members and in such manner as may be prescribed for exercising any power or discharging any duty of' the'Board, or for enquiring i n t o , o r report ing and advising on, any n a t t e r which the Board say (3 ) The Standing Finance CAnmittee or any other standing committee consti tuted under t h i s section sha l l meet a t such times and places and sha l l observe such ru les of proceoiure in, regard to the t ransact ion of business a t i t s meetings, including t h e quorum at meetings, as nay be provided by regulation made by the Board under t h i s Act, 13. Officers and servants of the Board ; - (1 ) The Administrator shal l appoint a person not being a member, to be the Financial Advisor and Chief Accounts Officer who sha l l exercise such powers and perform such duties as say be (2) The Administrator shal l appoint a person, not being a member, to be the Executive Officer of the "Board and the Executive Officer s h a l l exercise such powers and perform such dut ies as may be proscribed o r as nay be delegated t o him by the Chairman, (3) S-ub.iect to such rules as may be n.ade by the Administrator i n t h i s behalf, t he Board nay appoint such other of f icers and servants as i t considers necessary for the be appointed by the Board except with t he previous approval of the Administrator. oon td .« . . . . 7 . FUHGTIOHS AND P0W3BS OF THE BOARD 14. Functions of t h e Board : - ( a ) to promote, encourage and a s s i s t in the development of khadi arid v i l lage industr ies ,and to carry on t rade or business in the products of such indust r ies j (b ) to provide work to persons who have been professionally engaged in khadi and v i l l a g e indus t r ies ; ( c ) to grant loans to ind iv idua l s , societ ies o r indus t r ies on such-k e r n s- as may be prescribed; ( d ) to encourage establishment of co-operative ( e) to conduct t ra in ing centres with a view to impart on khadi and v i l lage i ndus t r i e s ; ( f ) t o manufacture tools and implements and tc arrange supply of such too l s and implements and raw materials in order to secure development of khadi and v i l l age indus t r i e s ; ( g ) to conduct publ ic i ty and propaganda and organise marketing of finished products of khadi and v i l l age ( h ) t o undertake and encourage research with a view to improve the quali ty _and marketabil i ty of khadi and indus t r ies from such person o r persons a s may be be ( j ) t o carry out any other mat ter which may^ res cr ib ed. Ir- t he performance of i t s functions under t h i s Act, t he _ Board s h a l l be bound by such direct ions as t h e Commission may gave from time t o t ime. - m§ CHAPTER IV prepare and forward in advance t o t h e Admin is t ra to r proposes to execute dur ing t h a t yea r for t h e proposers of 1 7 . Sanc t ion of pro grama e,— The Admin i s t r a to r nay, a f t e r 18, Supplementary programme - The Board may prepare Admin i s t r a to r i n such form and before such .date as t h e wi th the p rev ious approval of t h e Commission,? make a ry a l t e r a t i o n in any scheme so long as the aggregate amount sanct ioned for such scherae i s not exceeded find e r epo r t CBAPTBH y mMJLSm^ A0CCDi:TS? AUDIT AND HEP by way of g ran t s o r advances as he may cons ide r neces sa ry S1» Borro wine -power of t h e Board '- The Board may ; f»r, A ct and such cond i t ions as he may determine^ borrow any sum requ i r ed for t h e purposes of t h i s Act; "Provided tha t the previous sanction of t he Administrator sha l l not be necessary to borrow any staa from the Commission. 22, Funds of the Board i (1 ) The Board s h a l l have two separa te funds known as the khadi fund and the v i l lage indus t r i es fund and a l l the receipts obtained by the Board from time to time by way of grants , donations, g i f t s , advances or loans for the purpose of khadi o r v i l lage indus t r ies s h a l l be credited to the khadi fund or , as the case may be, the vi l lage indus t r ies fund and a l l .payments by the Board for or in respect of khadi or v i l lage indus t r ies s h a l l be made from the appropriate fund. ( 2 ; The Board may accept grants , donations and gif ts from the Central Government o r the Government of body o r associat ion whether incorporated or not o r any individual for a l l or any of t he purposes of t h i s Act. (3) I f a t any time the amount avai lable i n e i t h e r of the two funds referred to in sub-section (1) i s in excess of t h e requirements of tha t fund and the amount avai lable in the other fund i s insuff ic ient to meet the requirements of the.t fund, the Board may, with the previous approval of the Administrator, t ransfe r from the f i r s t mentioned fund the excess amount o r such part thereof as may be necessary to the other fund. Explanation - 5br the purposes of computing the amount a%railable in e i ther of the two funds, the amounts accepted under sub-section (2 ) shal l not be taken into account. (4.) Al l moneys belonging to the Board shall, be deposited with the State Bank of India or a subsidiary bank or where the re i s no office of the Ste te Bank of Indie, or subsidiary bark, in a Government t reasury or be invested in such socur i t ios as may bo approved by the Gentral Government. (5 ) The accounts of the Board sha l l be operated upon by sucfi off icers joint ly or individually as may be authorised by the Board. 23. Power of the Board to spend - Subject to the provisions of section 25, the Board sha l l have power to spend such sums as i t th inks f i t on purposes Provided that nothing in t h i s section s h a l l be deemed to prevent the Board from spending, with the previous approval of the Administrator, such moneys as i t thinks f i t on any such purpose outside the nrorjerties, funis and other asse ts or trie t*a.i - -U- be hold and applied by i t subject t o tic provisions, and for the purposes, of t h i s Act. *JQ 25. Budget : (.1) The Board sha l l , by such date in each year as. may be prescribed, preps re and submit to the Administrator for approval two separate budgets in t h e ' prescribed fo m for the next f inancial year, to be called the khadi budget end the vi l lage industr ies budget, shoving the estimated receipts and expenditure in respect of khadi and v i l l age industr ies respectively during the financial year and the Board s h a l l forward copies of the budget to the Connies ion for information and remarks, i f any, \Z) Subject to the provisions of sub-sections ( 3 / and (4/> re Sum shal l be expended by or on behalf o f the Board mless such expenditure is severed by a specif ic provision in the budget approved by the (3) The Board may, within the respective l imi t s of the khadi budget and the v i l l age indus t r i es .budget, sanction any.re-appropriation from one head of expenditure to another or from a provision m?:k for one scheme to tha t in respect of another but, subject to the provisions of Evb-section (3) of section 22, in no case sha l l - a re-a.ppropriation of funds be made4 from the khadi budget to the -village industr ies budget or from the v i l l age industr ies budget to the khadi budget: Provided tha t no re-appropriation from the head "Loan" to any e the r head of expenditure and vice versa in c i ther budget sha l l he sanctioned by the Board except with the previous approval of t he Administrator, (4-) The Board -may, within such l imi ts and subject to such conditions as may be prescribed incur cxp nditure in excess of the l imi t provided in the budget approved by the Administrator under any head scheme so long as the aggregate amount in e i ther budget approved by the Administrator i s not exceeded, 26, Supplement ry Budget - The Board may, in any year, submit a supplementary budget for the approval of the Administrator in such form and before -such date as t h e Administrator may prescribe and the provisions of section 25 sha l l apply in re la t ion to such stpplemenentary budget. 27, Annual Report - ( l ) The Board shal l prepare and forward to the Administrator in such manner as nay be prescribed, an annual report within three months from the end of each f inancia l wear giving-a complete account of i t s a c t i v i t i e s , pol icy and programme during the previous financial year along with a copy of the annual statement of accounts referred to in sec t ion 29, - i i - Cs) The Board she l l prepare and forward to the Commission a^ annual report rdthitt three mepfehs fron the &n&. of each financial year giving a cosfxLete accowt of the funds received by the Board fron the Commission and the a c t i v i t i e s carried, on by the Board with respect to those funds during the previous f inancial r ea r . ( 3 ) The report referred to in sul -sect ion (1 ) together with a copy of the said annual statement of account sha l l he l a i d before the Metropolitan Council of Delhi as soon as 23. HBTUBTS AND STATMSITS f- ( 1 ) The Board s h a l l furnish t o t h e Administrator and the Commission a t such time and in such form and manner as may be prescribed o r as the Administrator o r t he Commission may d i rec t , such returns and statements and such par t icu la rs in regard to any - -~-,oeed o r ex is t ing programme for the promotion and development of Fhadi and -"dllage industr ies as the- Administrator or as the case may be , t h e Commission may from time to time require. furnished by the Board to the Administrator under sub­ section (1) s h a l l , as soon as possible a f t e r they are so furnished, be l a i d before the Metropolitan Council of Delhi. 29. Accounts and Audit.- ( l ) The Board sha l l maintain nroper accounts and o the r rele-s-nt records and nrenare an a -ua l statement of accounts including the prof i t and los s ' account and the >-alance sheet in sush •form and in such manner as may be prescribed. ( 2 ) The accoi.mts of the Board sha l l bo audited by such person as the Administrator nay appoint in t h i s behal f. ( 3 ) The audi tor o r audi tors appointed by t h e Commission s h a l l have the right to audit and inspect the accounts of the Board per ta in ing to the funds (.4) The auditors aproint^d under sub-sections (2.) and ( 3 ) shall. , in re la t ion- to such audit , generally have such r i gh t s , pr ivi leges and atrthority as majr be the production of books, accounts vouchers and-other documents in connection v i t h the audit and to inspect any of the offices of t he Board. auditors toge the r with the audit report thereon s h a l l be forwarded annually t o the Administrator and the Commission before such date as t v e Administrator may specify in t h i s behalf ( 6 ) The Board shal l comply.with such d i rec t ions as t h e MJSCFILAEEDUS 30. MEMBEBS AMD SEHvATTS CF BOAHD TO BE PUBLIC SEHfflFjfS _ 3 1 . PROTECTION OF ACTIO'? TAKEN UNDER THIS ACT -<!>fn ^-n+ Board; ( 3 ) The Admin is t ra to r may make such i n c i d e n t a l and cerise- wuent ia l pro v i s ions as may appea r t o him to be necessary for ( i i ) a l l proper t ies , funds and sfous-, which are vested in , or rea l i sab le by, the Board shall., during tb. period of dissolut ion, vest in o r be rea l i sab le by the Central Government; ( i i i ) all . claims and l i a b i l i t i e s legal ly subsist ing and enforceable by o r against the Board sha l l be enforceable as i f those claims and l i a b i l i t i e s "ad been entertainer1 or incurred, as the case may be, in connection v i th the administration of t he Tiiir.nterrd.tor:- of Delhi. 33, RECOVERY OF ARREARS i I f any aanunt due to the Board in accordance with the terms of a contract o r otherwise o r any sum payable in connection therewith., has not been paid, the Board may, without prejudice t c any e the r remedy provided by law, recover such amount o r sum as if* i t were an a r r ea r of land revenue. 34. VOWR TO WRTTR. OFF IRRECOVERABLE St t®.- The Board sha l l be competent t o write off any sun duetto i f such sum i s , in i t s opinion, i r recoverable ; ( i j where the sum writ ten off in favour of any one person ( i i ) where the aggregate of the sums wri t ten off in a finan­ c i a l year exceeds five thousand rupees, 35. POWER TO FAKE RULES,- ( l ) The Administrator may, by no t i f i ca t ion in t he Delhi Gazette, make rules to give effect to the pic vis ions cf t h i s Act. t h e foregoing newer, such rules may provide for a l l 0 r any of t h e following matters namely '.- ( a ) t he olace at which the office of t h e Board sha l l be located; ( b ) t h e terms of office of and the manner of f i l l i n g casual vacancies among the mem> era and the terras and conditions of service nf t he Chairman, Vice-chairman, the Secretary and the other members, including the pay and allowances to be paid to them and the t r ave l l i ng and daily allowances t o be drawn by them; ( c ) the disqualif icat ions for membership of the Board and the procedure? t o ' b e followed for removing a member who i s or \tfho becomes subject to any disqual i f ica t ion; U t \ - - H - \a) t he powers and. duties to bo exerciser! and dischar/TC-1 by the Chairman and the Vice-chairman; ( a ) the procedure to be followed in the performance of functions by members; t f) t he powers and dirties to be exercised and discharged b" t h e Secretary, the Financial advisor and Fxecutive Officer of the Board, ( g ) the conditions subieet to which, and the node in which contracts nay re entered into "bv o r on behalf of t he Board; (h ) t h e const i tut ion of t h e Standing Finance Ooimgittee and ( i ) the date by which and the fern in which the budgets and the supplementary budgets sha l l be prepared and submitted each year under sections 2-5 and 26; { 2) t he -procedure to be followed for placing the Board in (k ) the procedure to be followed and the conditions to be observed in borrowing noneys and in granting loans; ( l ) the fciri and the nanner in which the repor ts , returns or statements shal l be submitted under sections 27 and 28j ( E ; the form and the nanner in which the accounts and records of the Board she.ll be maintained and the annual statement of accounts sha l l be prepared under section 29; anc (n ) any other n a t t e r which has to be, or nay be, prescribed, 36. POlfiB TO MftEB HEGOLLTIOITS... (1 ) The Board say, with the previous sanction of t he Administrator, by not i f ica t ion in the Delhi Gazette, mate regulations not inconsistent with t h i s i c t and the rules made thereunder, for enabling i t to perform i t s functions under t h i s Act. of the foregoing newer, such regulations may provide for a l l or ( a ) t h e terms and conditions of apnointment and service and the scales of pay of off icers and other employees of the Board other than the Secr<t&ry, including the payment of t r a v e l l i n g and daily allowances in respect of journeys und.erta.ken by such off icers and employees for t he purposes of t h i s Act: (b ) t he ti.?o and place of meetings of the Beard, the pro­ cedure to be followed in regard to t he t ransact ion of VrtiF-ir-.r-ss at such meetings and the Quorum necessary for ( c) the functi/ns of standing committees and the procedure to be followed by the standing committers in the per­ formance of t h e i r functions? (d ) t he delegation of powers and duties to t he (Siairra&n, Vice- chairman, any standing eomBlttee t he Secretary or any other off icer or employee of the Board; ( f) t h e oersens by whom and the manner in which payments, deposits and investments may be made on behslf of t he Board; Cg) t h e custody of moneys required for the current expenditure of the Board and the investments of moneys not so required; and ( 3 ) The Administrator nay, by no t i f ica t ion in the Delhi Gazette, rescind o r modify any regulation ne.de under th i s section and thereupon, the regulation sha l l cease to have I IU1015/1/82~UTL( 151)_/ JOBIT Sft&SSMiJtf TO THE GOVT. OF HTDIA To The Manager^ New Delh i