THE PUNJAB KHADI AND VILLAGE INDUSTRIES BOARD ACI, 1955 (PUNJAB ACT No. 40 of 1956) pS(Amended upto date) CONTENTS SECTIONS
1. Short title, extent and commencement. °
2. Definitions. |
3. Incorporporation of Board.
4. Constitution of Board.
5. Term of office and dissolution of Board.
5. A. Chairman, Vice-Chairman, Secy. & Joint Secy, to hold office during pleasure of Governo
6. Disqualifications for appointment as members of the Board.
7. Omitted
8. Vacancy to be filled in as early as possible.
9. Vacaney, defect in appointment, etc., not to invalidate Acts and proceeding.
10. Meetings of the Board.
11. Appointment of Committees.
12. Functions and powers of the Board.
13. Power to make the contracts.
14. General powers of Board, 14, A. Power of Chairman.
15. Powers of Secretary. 16, Officers and servants of the Board. oN17. Condition of service of officers and servants of the Board,18. Functions and duties of officers and servants. ™ a19, Transfer of property. oS20. Fund of the Board. we | os21. Application of fund and property . mY22. Subventions and loans to the Board. ee,23. Preparation and submission of Annual Programme andEstablishment Schedukz,24. Sanction of programme and establishment schedule. . :
25. Budget. 726. Sanction of Budget.
27. Supplementary programme and supplementary budget.
28. Annual Report.
29. Further Reports, Statistics and Returns.
30. -Accounts and Audit.
31. Directions by State Government.
31. A. Control of Government over Board.
32. Members of Board and Members of staff of Board to be public servants.32. A. Recovery of Byard’s dues as Arrears of Land Revenue.
33. Protection of action taken under this Act.
34. Rules.
35. Regulations.
36. Saving. / } l Short title, extent and commencement. THE PUNJAB KHADI AND VILLAGE INDUSTRIES BOARD ACT, 1955 PUNJAB ACT No, 40 OF 1956 The 25th October, 1956 (Received the assent of the President on the 16th October, 1956, and was first published in the PUNJAB GOVERMENT GAZETTE (Extraordinary), dated the 25th October. 1956.) LS SS RE I 2 3 4 Qua, Gee! Ge eee Gee Year No. Short title Whether affected by Later Legislation 1956 40 The Punjab Khadi and Extended to the territories Village Industries Board which, immediately before Act, 1955. the Ist November, 1956, were comprised in the State of Patiala and East Punjab States Union, by Punjab Act, No. 5 of 1957.* Amended in part by Punjab Act, 29 of 1957. 33* ees Se Gees eee ee gee ee eee ee GE eee eee Eee GE Ge, ee eee AN ACT 7» to provide for the establishment of a State Statutory Board for encouraging and intensifying the Khadi and Village Industries in Punjab. Be it enacted by the Legislature of the State of Punjab in the Sixth Year of the Republic of India as follows :—
CHAPTER I—PRELIMINARY
1. (i) This Act may be called the Punjab Khadi and Village Industries Board Act, 1955. * 1 For Statement of Objects and Reasons, see PUNJAB GOVERNMENT GAZETTE (Extraordinary), 1955, Page 69/. * For Statement of Objects and Reasons, see PUNJAB GOVERNMENT GAZETTE (Extraordinary) 1957, Page 339. * 3 For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1957, Page 1683. This Act shall be deemed to have come into force on the Ist September, 1957. Definitions. Amendement sanction 2 Punjab Act. of 1956. (Pb. Act No. of 1964) of of 40 30 Incorporation of Board. Constitution Board. of 2
(2) It extends to the whole of the State of Punjab.
(3) It shall come into force at once.
2. In this Act unless there is anything repugnant in the subject or context :-—
(i) “Board” means the Punjab Khadi and Village Industries Board constituted under section 3,
(ii) “Khadi’? means any handloom cloth woven from yarn handspun in India.
(iii) ‘‘Prescribed’’ means prescribed by rules made under this Act.
(iv) ‘Village Industries’? means such industries which generally form the normal occupation whether wholetime or part-time, of any class of the rural population of the State of Punjab and in particular such industries as may be recommended from time to time by the *1 (Commission) appointed by the Government of India such other industries as the State Government may, by notification in the official gazette, specify in this behalf in consultation with the Board.
(v) ‘Government’? means the Government of the State of Punjab. 2(vi) “‘Commisson means the Khadi and Village Industries Commission established under section 4 of the Khadi and Village Industries Commi-ssion Act, 1956 (No. 61 of 1956).
(vii) ‘“‘Member’’? or of the Board’? includes ‘‘Chairman’’ or“Chairman of the Board’’ respectively’’. *‘Member
CHAPTER II ESTABLISHMENT AND CONSTITUTION OF THE BOARD.
3. (1) For carrying out the purpose of this Act, the Government shall, as soonas possible, after the commencement of this Act, by a notification in theofficial gazette, establish a Board to becalled “The Punjab Khadiand Village Industries Board’’,
(2) The Board shall be a body corporate having perpotual succession and a commom seal and may sue and be sued in its corporate name and shallbe cempetent to acquire and hold and dispose of property both movableand immovable and to contract and do all things necessary for the purposes of this Act.
4. (1) The Board shall consist of not more than 15 members appointed by the Government, from time to time, including Chairman, Vice-Chairman Secretary Joint Secretary and cther official and non-official member . * 1 Substituted by Punjab Act, No. 29 of 1957, section 2 (a) for the wordsAll-India Khadi and Village Industries Board”. ® 2 Added by Punjab Act, No. 29 of 1957, section 2 (b). Amendment of section 4 Punjab Act 40 of 1956. (Pb. Act No. 31 of 1981 Term of office and dissolution .of Board, Amendment of section 1966 (2) of Punjab Act 40 of 1956. - (Pb. Act No. 30 | | of 1964). Amendment of section 5 of Punjab Act 40 of
1956. (Pb Act No. 7 of 1973).
5.
(2)
(3)
(1)
(2)
(3)
Provided that—
(2) The Chairman and Vice-Chairman shall be non-official appointed by the Government. menibders
(b) the Secretary of the Board shall be a appointed by the Government from amongst the officers of the Department of Industries; and.
(c) the Joint Secretary shall be appointed by the Government from amongst the members of the Board. Each non-official member of the Board shall be paid from the funds of the Board such allowance and the Chairman shall be paid such honorarium and allowances, as the Government may fix from time to time. Official members shall draw their Travelling Allowances for attending _ meetings of the Board, ot in connection with the performance of any duty assigned to them by the Board or the Government for the purposes of the Act admissible to them under the Punjab Travelling Allowance Rules from their respective departments. The Board shall have powers to invite persons specially qualified to advise on matters before the Board relating to an industry or having special knowledge of local conditions in the area where the industry is question is situated. These persons shall be paid allowances at the rates admissible to other non-official members of the Boord., The Board shall, unless sooner dissolved by the Government, continue for a period of three years from the date of its establishment or till a new Board is appointed thereafter.
Provided that the Government may, at any time, with the previous approval of the State Legislature, by a notification in the official gazette, make a declaration that from such date, as may be specified in the notifica tion, the Board shall be dissolved Any member may at any time, resign his office by giving notice in writing to the Chairman of the Board and on its being accepted by the Goverment he shall be deemed to have vacatedhis office from the date of such acceptance, provided that the Chairman shall give such notice to the Government. On the Board ceasing to exist, either by affiux of time or by dissolution by the Government under Sub-Section (1).
(i) Any committee appointed under section II shall cease to function;
(ii) All funds and other properties vested in the Board shall vest in the Government.
(iii) All members shail vacate their offices as members of the Board; and
(iv) all rights, obligations and liabilities (including any liabilities under any contract) of the Board shall become the rights, obligations and liabilities of the Government”’. FO PC D o Insertion of new section 5A in Pb. Act 40 of 1956 (Pb. Act No. 31 of 1981). Chairman, Vice- Chairman, Secretary and Joint Secretary to hold office during pleasure of Governor. Disqualification for appointment as members of the Board, Amendment of .
Section 6 (a) of. |. Punjab Act 40 of
1956. (Vide Pb, Act No,’ 30 of 1964). Amendment of section 6(f) & (g) Act 40 Pb. 1 Act No. 29 of 1963. Amendment of section 6 of Punjab Act 40 of 1956 (Pb Act No. 31 of 1981. Amendment of section 6 (2) (a) ofPunjab Act 40 of 1955. | (Vide Pb. Act No. 30 of 1964), 4 S—A Noth with any thing contained in section 5 or anyother provision of this Act, the Chairman, Vice-Chairman, Secretary, Joint Secretary or any oth er member of the Board shall hold office during the pleasure of the Governor’’.
6. (1) A person shall be disqualified for being appointed or for continuing as a member of the Board, if he— _(a) holds any office of profit under the Board other than the office of Chairman, Secretary on Joint Secretary thereof; ander
(b) in of unsound mind and stands so declared by 2 competent Court;
(c) 1s or at any time has been adjudicated insolvent;
(d) has directly or indirectly by himself, by his wife or son, or by any partner any share of interest in any subsisting contract or employment with, by or on behalfof the Board; is a Director or a Secretary or a Manager or other salaried officer _ of any incorporated company or any co-operative; society, which - has arty share or interest in any contract or employment with, by or On behalf of the Board. (e
(f) being non-official member, does not habitually wear Khadi;
(g) is convicted of an offence involving moral turpitude. (1 A) A person shall also be disqualified for continuing asa member of the Board, if he ceases to reside in Punjab.
(2) (a) A person shall not be disqualified under clause (a) of subsection
(1) by reason only of his being member receiving allowance or the Chairman receiving any honorarium or allowances as provided in - sub-section (2) of section 4. [b) A person shall not be disqualified under clause (d) or (e) subsection
(1) or bc deemed to ‘have any shere ‘or interest in any contract or employment within the meaning of these clauses by reason only of his or of the incorporated company or of a cooperative society, of which he isa Director, Secretary, Manager or other salaried officer having a share of interest in any newspaper in which any advertisement relating,to any affairs of the Board is inserted. wad, :
(c) A person shall not also be disqualified under clause [d) or(e) of subsection (1) or be deemed.to have any share or interest in any *; contract or employment with, by or on behalf of, the Board by reason only of his being a shareholder or member of such a company or society. ° #4, Amendment ofsection 6 (d)o Punjab Act 40 of
1955. (Pb. Act No, 29 of 1993). Vacancy to be filled in as early as possible. Amendment of section 7 of Pb. Act 40 of 1956. (Pb. Act 31 of 1981). Vacancy, defect in appointment, etc. not to invalidate actsand proceeding. Meeting of the Board. Appointment of Committees. Functions _ and powers Of the Board. | 5
Provided that such person discloses to the Government the, nature and extent of the share held by him from time to time. (6 A person shall not also be disqualified, or be deemed ever to have been disqualified, under clause (d) or clause (e) of sub-section (D, or be deemed to have any share of interest in any contract or employment, with, by or on behalf of, the Board, by reason of his being a Director or a Secretary ora Manager of other salaried officer of a society registered or deemed to be registered under the Registration of socieities Act, 1860, or any of other institution certified by the Commission or the Board :
Provided that such person discloses to the Government the nature and extent of the share held by him from time to time.
7. Omitted
8. When a member dies or resigns as provided in subsection (2) of section 5, or ‘is subject to any of the disqualifications specified in section 6, or is removed under section 5-A he shall cease to be a member of the Board, and’ any vacancy so occurring shall be filled by the Government as early as practicable :
Provided that during any such vacancy the continuing members may act as if n0 vacancy has occurred.
9. No act or proceeding of the Board under this Act. shall be questioned on the ground merely of the existence of any vacancy in, or, defect in the appointment of a member or the constitution of the Board.
Provided that the Board shall not act or take. any proceedings, at any time when, by reason of any vacancy occurring while number of continuing none official member is less than one-third of the total number of such non-official members in the Board. “
10. The Board shall from time to time make such arrangements with -respect to the date, time, place, notice, management and adjournments of its meetings as may be determined by regulations made, by the Board subject to the following provisions, viz:— . ‘
(a) Ordinary meeting shall be held once at leastin every three months,
(b) The Chairman may, whenever he thinks fit, call special meetings.
(c) The proceedings of the meetings of the Board shalf be forwarded to Goverment, in the department, concerned.
11. Subject to any rules made under section 34 the Board may from time to time appoint one or more Committees for the purpose of securing efficient discharge of its functions and in particular for the purpose of ensuring that the said functions are exercised with due regard to the circumstances and requirements of any particular village industry.
CHAPTER III-FUNCTIONS AND POWERS OF THE BOARD 12, (1) It shall be the duty of the Board to organise, develop and propagate Village Industries and perform such functions as the Government may prescribe from time to time and exercise such powers |as may be necessary for carrying out the objects of this Act. 6
(2) Without prejudice to the generality of the provision of subsection (1), the Board shall alsoin particular discharge and perform all or any of the following duties and functions, namely :—
(a) To start, encourage, assist and carry on Khadi and Village Industries and to carry on trade or business in such industries, and in the matters incidental to-such trade or business: Amendment of (b) to help the people by providing them with work in their homes andsection 12 of . \ . Punjab Act 40 of to give them monetary help: (PbAct No. 12 explanation ‘— For the purposesof clause (b), the expression ‘‘Monetaryof 1961). ““help’* includes the giving and grants and loans forany of the purposes of this Act. on such terms and condition as may be prescribed’’.
(c) to encourage establishment of Co-operative Societies and Societies registered 1 (under ‘the Societies Registration Act. 1860, or the Ci ER Ee Pepsu Societies RegistrationAct, ~~ gpa) (a) to conduct training centres and to train people there at with a view to equip them with the necessary knowledge for starting or carrying on Khadi and Village Industries San (¢) (1) to manufacture: tools:and impiesients required for carrying on Khadi,and Village industries and to manufacture the products ofwe such industries: (1i) to arrange for the supply of raw materials and tools and implements required for the said purpose: and
(ili) to sei and arrange for the. sale of the products of the said industries;
(f) to arrange for publicity and popularisation of finished products of Khadi and Village Industries by opening stores, shops, emporia or exhibitions and to take similar measures for the Pur‘pose; ‘4,(g) to endeavour to educate public opinion and to impress upon the public the advantages of patronising the products ofKhadi and Village Industries:
(h) to seek and obtain advice and guidanceof experts in Khadi and Village Industries;
(i) to undertake and encourage research work in connection with Khadi and Village Industries and to carry on such activities as are inciden-Ft tal and conducive to the objects of thisAct: n d * iy todischarge such other duties and to perform such other functions as the Government may direct for the purpose of carrying out the objects of this Act. # ‘ I.- Substituted by Punjab.Act-29 of 1957, section 3, for the words “with All- _ , India Khadi and Village Industries Board for Khadi and Village Industries.
7 . Power f° make 13. (1) The Board may enter into and perform all such contracts as it maycontracts. = consider necessary or expedient for carrying out-any of the purposes of this Act.
(2) Every contract shall be made on behalf of the Board by the Secretary.
(3) Every contract made by the Secretary on behalf of the Board shall subject to the provisions of this section, be entered into in such manner and form as may be prescribed.
(4) A contract not executed in the manner provided in this section and the rules made there-under shall not be binding on the Board. General powers 14. The Boacd:shall, for the purposes of carrying out its functions under this Act, - . have the following powers :
(i) to acquire and hold such movable and immovable property as it deems necessary and to lease, sell or ocherwise transfer any such property;
Provided that in the case of immovable property the. aforesaid powers shall be exercised with the previous sanction of the Government. to incur expenditure and undertake works in any area in the State for ‘the framing and execution of such scheme as it may consider necessary qi) for the purpose of carrying out the provisions of this Act or as may be entrusted to it by the Government, subject to the provisions of this Act, and the rules made there under. Power of Chair. 14. A. (1) The Chairman shall be responsible for the proper functioning of the man. - Board and implemestation of its decisions and discharge of its duties under this Act.
(2) The Chairman may, by order in writing, delegate any of his powers to the Vice-Chairman or any other non-official of the Board.memser ¢« The Chairman shall exercise general control over the Board. ecretary shall exercise such powers and performPower of Sccre- 15 The Secretary and Joint S be determined by, tary. such functions for and on behalf of the Board as may Regulations.
CHAPTER IV APPOINTMENT OF OFEICERS AND SERVANTS. Officers and ser- 16, The Board may appoint such officers and servants as it considers. necessary we of the for the «fficient performance of its functions.. oard, Conditions of 17. [The pay and other conditions of service of officers and other servants of service of officers the Board shall be such as the Board may determine by regulations. and servants of the Board. Functions — and 13. The functions and duties of the officers and servants of the Board shall be dities of officers such as the Board may, determine by Tegulations. and scrvants.
1. Inserted by Punjab Act No 22 of 1957 sectien 4, 8
CHAPTER V—FINANCE ACCOUNTS AND AUDIT. Transfer of pro- 19. (1) The Govertment may transfer to the Board building, land or any other perty. property, movable or immovable, for use and management by the Board, on such conditions and limitations as the Government may deem fit, for the purposes of this Act.Ch. . Fe (2) The Government may transfer to the Board such schemes or works in progress, with all their assets and liabilities as are run or managed by ek ED Government, subject to such conditions and limitations as the Governm- _ ent may deem fit to impose for the purposes of this Act.8 o a! Beyad atl’ Fund of the Board. 20. @) The Board shall have its own fund and all receipts of the Board shall be' dredited there to and all payments ‘by the shall be made therefrom. 1(2) The Board may accept loans, subventions, donations and gifts "from the Government ora local authority or other statutory body "including the Commission or any private body, whether incorporated or or al individual for all or any of the purposes of this Act.) 1) we . rv + rf
(3) All moneysbelonging to the fund of the Board shall be; ‘deposited in gd miner‘as the Government may, by special or general order direct. vo (4) Stich accoutits shall be operatedupon by such: oficers jointly or individually as authorised: ‘by the Board. ' . j ‘ 6 é grants, * 4 t | not, SUC ma d ‘ t ov q Application of 21. All property, fund and. otherassets with the Board shall be held and applied fund and pro- by it subject to the provisions and for the purposes of this Act. : perty, , OTM yD tek a ° “-Sibventions “and 92. (1) The Governinéhtmay, from time to time make subventions and grants loans to the Board. to the Board for the purposes of this Act on such terms and conditionsP | ds 4,44, asithe Goyernment may determine.of
(2) The Government may, from time to time advance loans to the Board a os. 4 4 4s - such terms and conditions not inconsistent with the provisions of this‘On Act as the Government may determine. pers : rp * wha ey pif - ' y x [! Q " Prepatation and ™ 23. (1)'"In each year, on such date as may be fixed by the Government the Board submission of Annual Prograshall prepare and forward : mme and Establi- ' (a) Programme of its work; and shment Schedule.
(b) a schedule of the staff of officers and servants already employed and to be employed during the next year, to the Government in such form as may be prescribed,
(2) The Programme of its work shall contain
(a) Such particulars of the scheme which the Board proposes to execute whetrer in part or whole, during the next year;
(b) particularsof any work of: which the Board proposes to organise during the next year for the purposes of carrying out dertakin its functions under the Act; and
(c) sucn others particulars as may be prescribed...
1. Substituted by Punjab Act, No. 29, of 1957, section 5. 9 aod Pro-
24. (1) The Government may approve and sanction the Programme and the sche- . schedule of the staff of officers and servants forwarded to it with such dule. modifications as it deems fit. Sanction gramme. blishment
(2) The Board may send a programme of its schemes formulated in accordance with the policy or scheme of the Commission directly to the Commission for allotment of funds by or approval of the Commission). Budget. ¢ Board shall, on such date as may be fixed by the Government, prepare and submit to the Government, the budget for the next financial year showi estimated receipts and expenditure on capital and revenue accounts according to the programme and schedule of the staff sanctioned by the Government. Sanction of Bud- 26. (1) The Government may sariction the Budget submitted to it with such get, modifications as it deems proper. Amendment of (2) The Board shal) not be competent to transfer funds sanctioned for one section 26 (a) (b) of Punjab Act ‘40 scheme to another scheme : — (Pb Act No. 12 (a) where funds in respect of such schemes are allotted by the of 1961) ; ssion, without the prior approval of the Commission; and 1S Commi- '
(b) in any other case, without the prior approval of the Government.’’ Supplementary e Board may submit a supplementary programme and supplementary vee leoentar and udget for the sanction of ii such form and on snch date as Budget. y the Government may prescribe, and provisions of sections 25 and 26 shall apply to such supplementary programme and budget respectively. Annual Report. 28. The Board shall prepare and forward to the Government in such manner as may be prescribed, an annual report within three months after the end of the financial year giving a complete account of its activities during the previous financial year. Further Reports 29, The Board shall, before such date and at such intervals and in such manner Sratisties and as the Government may from time to time direct, submit to the Government areport on such matter and statistics and returns as the Government may direct. Accounts and 30. (1) The Accounts of the Board shal! be maintained and an annual statement Audit. of accounts shall be in such manner as may be prescribed.
(2) The Accounts of the Board shall be-audited by a Chartered Accountant or by such person as Government may direct.
(3) As soon as the accounts of the Board are audited the Board shall send a copy thereofwith a copy of the report of the auditor thereto to the Government.
(4) The audited accounts of the Board shall be submitted to Government in such manner as may be prescribed.
(5) The Board shall comply with such directions as the Government may, after the perusal of the report of the Auditor, think fit to issue.
1. Original section 24 renumbered as subsection (1) by Punjab Act No. 29 of 1957, section 6.
2. New subsection (2) added by Punjab Act No. 29 of 1957, section 6, 10
CHAPTER VI—MISCELLANEOUS Directions —_ by 31. (1) Inthe discharge of its functions the Board shall be guided by such State Governments instructions on question of policy as may be given to it by the Government.
(2) If any dispute arises between the Government and the Board as to whether a question is or is not a question of policy, the decision of the Government shall be final. Insertion of new 31-A (1) The Government shall exercise superintendence and control over the section 31 A in Pb. Act 40 of 1956) (Pb. Act 31 of 1981) Control of Government over Board. Board and its officers and may call for such information as it may deem necessary and in the event of its being satisfied that the Board is not functioning properly or is abusing its power or is guilty ofmismanagemen, it may, be order suspend the Board. |
Provided that the Board shall be reconstituted in accordance with the provisions of this Act period of one year from the date ofwi hina its Suspension.
(2) Before making an order of suspension opportunity shall be given to the Board to show cause why an order of suspension should not be made.
(3). When the Board is suspended under sub-section (I), the following consequences shall ensure, namely :—
(a) all members of the Board and its Committees including the Chairman, Vice-Ghairman, Secretary and Joint Secretary shall from the date of order under sub-section (I), vacate their offices;
(b) all powers, duties and functions. which under the provisions of this Act or any regulation made thereunder, are to be exercised by the Board or any Committee thereof or by the Chairman, Vice-Chairman, Secretary or Joint Secretary or any other officer of the Board, shall during the period of sespension, be exercised and performed by such person (to be called the Admindstrator) as may be appointed by the Government in this behalf : |
Provided that the Administrator may, subject to the approval of the Government, delegate any of his powers, duties and functions to such officer of the Board as he may think fit :
(c) all property, fund and other assets held by the Board shali until is is reconstitutied, vest in the Government, Members of Board 32. Members of the Board and members of staff of the Board shall be deemed and Members of staff of Board to b: public servants. when acting or purporting to‘act in pursuance of any the provisions of this Act to be public servants within the meaning of section 21 ofthe Indian Penal Code, 1860 (XIV of 1860). (Insertion of sec- 32—A. All sums including grants and loans given by the Board or any interest tion 32—A) Recovery of Board’s dues as arrears of land revenue. (Pb. Govt. Act 12 of 1961). or costs in respect thereof becoming due tothe Board under this Act, whether before or after the commencement of the Punjab Khadi and Village Industries Board Amendment Act, 1961, and whether such sums have become due by virtue of any.contract or otherwise, shall be recoverable as arrears of Land Revenue.’’ | ' Protection of:action taken underthis Act. Rules. Amendment ofsection 34 (2) (a)of Punjab Act 40of 1956. (Pb. Act No 30of 1964). \ Regulations. 11
33. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or purported to be done under this Act.
34. (1) The Government may, by notification in the official Gazette, make rulesfor carrying out the purposes of this Act.
(2) In particular and without prejudice tothe generality of the foregoingpowers such rules may provide for all or any of the following matters :—
(a) The allowances of non-official members of the Board and thehonorarium and allowances of the Chairman under sub-section (2)of section 4;
(b) the functions of he Board under section 12;
(c) the manner and form in which contracts shall be entered into undersection 13;
(d) the particulars of the programme under section 23 (1)
(ce) The form in which and the date before which the supplementaryprogramme shall be submitted under section 27;
(f) the form in which and the date before which the supplementarybudget shall be submitted under section 27;
(g) the manner in which the annual report shall be prepared andforwarded to the Government under section 28;
(h) the manner of maintenance of accounts and preparation of annualstatement of accounts under section 30 (1);
(i) any other matter which is, or may be, prescribed under this Act,
35. (1) The Board may, with the previous sanction of tne State Government,make regulations consistent with this Act and the Rules made thereunder and such regulations shall be notified in the Official Gazette.
(2) In particular and without prejudice to the generality of the foregoingpower, the Board may make regulations providing for ;—
(a) the procedure and disposal of its business;
(b) remuneration, allowances and other conditions of service of mem-bers of the staff of the Board;
(c) functions and duties of the Secretary, Joint Secretary and othermembers of the staff of the Board;
(d) functions of committees and the procedure to be followed by suchcommittees in the discharge of their functions. Saving. 12
36. Nothing in this Act shall be deemed to apply to any industry declared to be Scheduled industry under the industries (Development and Regulation) Act, 1951, or to affect any of the provisions of the said Act. S
(1) The Pb. Khadi and Village Industries Board (Amendment) Ordinance 1964 (Punjab ordinance No. 1 of 1964), is hereby repealed.
(2) Notwithstanding such repeal, any thing done or any action taken under the Punjab Khadi and Village Industries Board Ordinance,Amendmieni 1964 shall be deemed to have done or taken under this Act asif this Act had commenced on the 18th day of July, 1664,
(1) The Pb. Khadi and Village Industries Board (Amendment Ordinance, 1981 (Pb. Ordinance No. 10 of 1981) is hereby repealed.
(2) Notwithstanding such repeal, any thing done or any action taken under the Principal Act, as amended by the ordinance referred to in Sub- Section (1) shall the deemed to have been done or taken under the Principal Act, as amended by this Act. INDUSTRIES DEPARTMENT . NOTIFICATION | The 23rd April, 1958 No. 1046-8DIB-58/20076. The follawing Regulations made by the Punjab Khadi and Village Industries Board with the previous sanction of theGovernor of Punjab in exercise of the powers conferred by section 35 of the Punjab Khadi and Village Industries Board Act, 1955 (Punjab Act No. 40 of 1956), are hereby notified in pursuance of subsection (1) of the said section PRELIMINARY
1. These regulations may be called the Punjab Khadi and Village Board Regulations, 1958.
2. In these regulations, unless the context otherwise requires—
(a) ‘Act’ means the Punjab Khadi and Village Industries Board Act, 1955 (Punjab Act 40 of 1956) ;
(b) ‘Committes’ means the Committee which the Board may constitute under section 11 of the Act.
PART—I PROCEDURE AND DISPOSAL OF BUSINESS AT MEETING OF THE . BOARDa
3. The Board shal cheld an ordinary meeting on such date and at such timeand place as inay be fixed by the Chairman.
4. The Secretary shall send intimation of the date, time and place and alsoa copyof the agenda of the ordinary meeting to all the members of theBoard at least. ten clear days before the date fixed the meeting. a ¥ae 2
5. Anotice sent by ordinary post on the address of the members as maintained in the books of the Board for the ordinary meeting shall be enough. Telegraphic notice on such address may be issued in the case of special meeting.
(1) The Secretary in consultation with the Chairman shall convene ordinary meeting at least once a quarter in every year ;
(2) At least one special meeting shall be called by the Chairman every year to consider and frame budget and programme fer the next financial year in the month of July or August or ag soon thereafter as may be possible. Special meetings can also be requisitioned if two third of the members so desire in writing, The date, time and place of such meeting shall be fixed by the Chairman.
7. The Secretary shall send an intimation of such a special meeting to all the members at least three clear days before the date fixed for the meeting and shall send a copy of the agenda along with the intimation.
8. Notwithstanding anything contained in Regulations 4 and 7 the Chairman, Vice-Chairman or other person presiding may: place or permit to be placed for the consideration of the Board any matter, not included in the agenda of a meeting of the Board on which the advice of the Board is required and the Board shall consider the matter at such meeting.
9. Every meeting shall be presided over by the Chairman or in his absence, by the Vice Chairman, in the absence of both, the members shall choose from among themselves a person to preside over the meeting. ~
10. Quorum at every meeting shall consist of 1/3rd of the total number of members of the Board.
Provided that an adjourned meeting for want of 2 quorum may be held without quorum to consider the agenda already circulated on such date, time and place as the Chairman may fix. 3 ith the consent of the Members present, adjourn Of than the business left d at any adjourned meeting and such other mbers in accordance with
11. The Chairman, w meeting but no business otherpostpone unfinished shall be transacte business of which notice was given to the me the provisions of these regulations.
12. (1) All matters coming before the Board sha of the votes of the members present and voting. be decided by majorit
(2) In case a equality of votes, the Chairman, Vice-Chairman OF the person presiding shal! have and exercise a second or a casting vote-
(3) All other points of procedure at any meeting shall be decided by the Chairman, Vice-Chairman or other person presiding: mportant nature may be passed by(4) Any resolution of urgent and | f tne Board or members of the Com: circulation amongst members 0 mittee with the approval of the Chairman. e Board shall be transacted from day to day as may be3. The business of th s finished.decided by the Chairman until the agenda I shall be maintained by the Secretary and 14, The proceedings of the meeting ucceeding meeting of the Board, shall be confirmed in the next s residing over the meetings in the absence
15. The Vice while p be delegated to him hairman of the Chairman shall exercise such powers as may by the Chairman.
PART—III FORMATION OF COMMITTEE FOR DISCHARGE OF FU OF THE BOARD. NCTIONS point from time to tine from amongst its members one
46. The Board shall ap he discharge of its or more committees under section 11 of the Act for t various functions and duties,
17. The Chairnign and the Secretary of the Board shall also be ex-officio members of the Committees. The Chairman may invite any other person to sit in any of the Committées for advice.
18. The functions of the Committees shall mainly be :— (A) Finance and Budget Programme Committee.
(i) Preparation of budget Estimates.
(ii) Procurement of finance. \ -
(iii) Scrutiny of annual programme.
(iv) Watching progress of expenditure.
(v) Study and evaluotion of progressmade and results achieved. (B) Executive Committee
(i) It will discharge functions of the Board.under sections 16, 17 and 18 of the Act with regard to.appointment, fixation of pay, conditions of service and functions and duties of officers and servants of the Board. *
(ii) It will decide al! matters of urgent importagce left ambiguous under the resolutions of the Board, 4
(iii) All matters of urgent importance as the Chairman considers proper to be placed before the Board.
(iv) All matters that may be referred [to the Executive Committee for consideration and decision by the Board. ° (C) Khadi Committee Consideration of ways and means to expand Khadi and Village Industries in the State. a ~nae: (D) Co-operative Advisory Committee. Consideration of ways and means to expand Khadi and Village Industries in the State on Co-operative Lines. (E) Pilot Project Committee. Consideration of work to be done in the Community Project Areas.
19. The procedure to be follow2d by the Committees, for the conduct of its business shall be as follows;
(i) The Committee shall hold meeting as and when necessary.
(ii) The Secretary shail send notice of every meeting to each mamber of the Committee at least five clear days_before the date fixed or the meeting together with a copy of the Agenda for such mesting- ~~
(iii) Any member desiring to move a resolution at a meeting shall send a copy of the same to the Secretary at least seven days in advance.
(iv) Three members shall form quorum.
(v) All matters coming before the Committee shall be decided by the majority of the members present and voting.
(vi) Incase of equality of: votes, the Chairman or the person presiding shall have and exercise a second or casting vote.
(vii) The various committees is appointed by the Board shall submit to the Chairman of the Board, a.copy of their recommendations, who shall arrange to place the same beforethe Board as soon as possible thereafter for the consideration of the Board.
PART IV Remuneration, Allowance and other conditions ef Service of Members of the Staff of the Board.
20.
22.
23.
24. | a 6 . Recruitment to the posts under.the Board shall be made by Executive Committee. . The employees of the Board ‘shall generally be governed by the same 21 conditions and rules of service as are applicable to the Government servants of the State of Punjab possessing equal status. The staff shall draw its salaries in accordance with the ‘budget provision passed from time to time. The benefit of the Provident Fund shall be provided for the members of the staff, subject to such rules as may be framed or approved by the Board. The Board may take on deputation government servants on such terms and conditions as may be mutually settled with the State Government concerned.
PART V Functions and duties of the Secretary, Joint Secretary and other Members of the Staff of the Board. 25 The following shall be the duties and powers of the Secretary :—
(1) To arrange for holding meetings of the Board or its committees, maintain proceedings of the Board records thereof according to rules and regulations.
(2) To act as convener of the meeting.
(3) To carry on day-to-day routine administration of the Board and its affairs particularly in regard to schemes, works or institutions run or administered by the Board and exercise such powers as may be necessary in the proper discharge of his duties and responsibilities including examination of books of accounts, vouchers or
(4)
(5)
(6)
(7)
(8)
(9)
(10) 7 4 other relevant registers by himself or any other cfficial so authorised. To look after the property and other contractuel cbligations of the Board. To cperate on the funds of the Board in accordance with the rules and maintain or cause to be maintained by his staff proper accounts of the Board. With the exception of such funds as may be provided in Regulations of the Board, to deposit cash with the State of India or a Co-operative Bank a Scheduled Bank with the approval of the Board. To purchase or sanction purchase. of raw material required for any scheme, work or institution sanctioned under the scheme and also to purchase or sanction purchase of goods, instruments or sundry articles as may be approved in the budget or under the contingent grant, provided the amount does nof exceed Rs. 10,000/+ and with the sanction of Chairman for. ant afhount exceeding Rs. 10,000/- up to the full limit of personal Account. . ty To engage skilled or unskilled-labourers, etc. or permit the same Le er to be engaged on daily wages as “may be required under the scheme. i 3 To permit any building to be hired for carrying our functions of the Board upto Rs. 100/- par mensem and up to Rs. 250/- with the approval of the Chairman and above that with the approval of the Executive Committee. To appoint Class IV servants or terminate their services or make appointment of Clerks as stop gap arrangements in consultation with the Chairman. 3"
(11) To send the proceedings of the meetings of the Board to the Government of Punjab in the Administrative Department concerned under section | 0 of the Act. (12} To sue or be sued in the name of or on behalf of the Board.
(13) To assign duties to the servants of the Board working under it, subjeci to any general directions issued by the Board.
(14) To sign afl the pay and contingent bills and also to sign the T. A. bills of the non-official member and the servants of the Board.
(15) To incur such expenses as may be indispensable to run any scheme or institution in anticipation of the approval of the Board in consu- Itation with the Chairman.
(16) With the approval of the Executive Committee to increase or reduce the staff employed in the various schemes or institutions in consonance with the increase or decrease in the volume of work so long as there is no notable loss.
(17) Duties of the staff working under the Board shall be assigned’ by the Secretary.
(18) To carry on any work assigned to him by the Board. 25, Subject to the provisiogs of “the rules framed under the Act, the Joint other . <£ . Secretary shall exercise gach powers and perform such functions as that of the Secretary when acténg fot him under instructions of the Chairman. P. C. Nayar, Secretary, Punjab Khadi and V. I. Board, Chandigarh. H. B. LALL, Secretary to Government, Punjab, industries Department. INDUSTRIES DEPARTMENT NOTIFICATION The 4th September. 1957 (As amended upto 27th January, 1983 Vide Notified on No. GSR 10/P.A 40/56/S. 34/Amd(2)/83 dated 27.1, 1983) No. 3710-8-DIB-57/16996.—In exercise of the powers conferred by Section 34 of the Punjab Khadi and Village Industries Board Act, 1955 (Act 40) of 1956), the Governor of Punjab is pleased to make the following rules, namely :—
1. Short title.—These rules may be called the Punjab Khadi and Village Industries Board Rules, 1957,
2. Definition.—In these rules, unless the context otherwise requires.
(a) ‘‘Act’? means the Punjab Khadi and Village Industries Board Act, 1955, (Punjab Act 40 of 1956),
(b) ‘Chairman’ means the Chairman of the Board.
(c) ‘Vice-Chairman’ menns the Vice Chairman of the Board. —
(d) ‘Secretary’ means the Secretary of the Board.
(e) ‘Joint Secretary’ means the joint Secretary of the Board.
(f) ‘Financial year’ means the year commencing on the Ist day of April.
(g) ‘bank’ means,—
(i) a banking company as defined in the Banking Regulation Act, 1949;
(ii) any banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949;
(iii) «the StateBank of India constituted under the State Bank of India Act, 1955;
(iv) a subsidiary bank as definedin the State Bank of India (Subsidiary Banks) Act, 1959;
(v) any of the Banks mentioned in column 2 of the First Schedule to the Banking Companies (Acquisition and Transfer of undertakings) Act, 1970,
(h) ‘Centre’? means,— mite 2
(i) a District Office of the Board including its any other sub-office; and ° |
(ii) the establishments of the Board which encourage, assist or carry on khadi and village industries or carry. on trade or business in such industries and in the matters incidental to such trade or business;
(i) “registered institution”? means :—
(i) any Co-oper tive Society registered under the Punjab Co-operative Societies Act, 1961; and
(ii) any society registered under the societies Registration Act, 1860 ;
(j) ‘form’ means a form appended to these rules.
3. Procedure of payments, deposits and investments on behalf of the Board :—
(a) The Board shall receive requisite funds for implementing the various schemes and under section -20.: of 'the Act and deposit the same in the Bank.
(b) Payments by or on behalf of the Board shall be made in cash or by cheques drawn against the current account of the Board.
(c) The cheques and all orders for making investments or withdrawal of the same, or for the disposal in any other manner of the funds ofthe Board shall be signed by the Secretary j Provided the transaction ‘does not exceed Rs. 5,000/- 1n each case and where the amount-exceeds, this will be countersigned by any member of the Board specially authorised by the Chairman in writing to do so. Placing of money in fixed deposits and investment: thereof and the (d disposal of such money if so placed or invested shall requite the prior approval of the Board. “Provided that the moneys received from the Commission shall be placed In fixed deposit in a bankwith the prior approval of the Chairman.” 4, Custody ofmoney required. for current expenditure of Board and. investment of money not so required :— -
(a) The account of the Board shall be kept iin bank and all| moneys of the Board with the exception of :— meh 3
(i) petty cash as mentioned in clause (c) ;(ii) money placed in fixed deposits ; .(iii) money invested in accordance with the provisions hereaftercontained shall be paid into that account.” ; (4-A) Power to write off (1) The Board may on the recommendation ofof the Finance Committee of the Board, write of losses upto Rs. 1,000/- fallingunder any or all of the following categories :—
(a) Loss of irrecoverable value of stores of public money due to theft, fraud,etc.
(b) Loss of irrecoverable advance other than loans ; and(c) Deficiency and depreciation in the value stores.
2. The Board shall take suitable action against the person responsible for theloss and send a report to the Government or Commission, as the case maybe.
Explanation | Nothing containedin this rule shall apply to loss occasioned by irrecoverableloans. Sanction of theGovernment or Commission, as the case may be, shall beobtained before such lossesare written off ).(b) The Secretary will place requisite Gash at the ‘disp5sal of Incharges ofthe various centres for running day-to-day work of the said centre;provided the amount does not exceed Rs. 2,000/< for an individualcentre. In stich cases where the amount exceeds Rs. 2,000/- but does notexceed Rs. 10,000/- prior approval of the Chairman will be obtained inwriting. In cases where the amount exceeds the limit-of Rs. 10,000/-the prior approval of the Board shall be mecessary.(c) The petty cash required for mecting current expenditure shall be in theof the cashier or any other officer who may be nominated by theSecretary in this behalf and shall Rs. 1,500/-. |(d) Persons entrusted with the Cash, store and stock will be required tofurnish necessary security as may be determined by the Governmentfrom time to time, 1 S—4A inserted by the Punjab-Government -Notification No, 8696-3 IB-II-€0/19553 dated 28th September, 1960. 4 custody no exceed —_ 4
5. Travelling Allowance For the purpose of reimbursing personal expenditure incurred in attending the meetings of the Board, or in connection with any other duty assigned to them by the Board or the Govt. for the purpose of the Act, member of the Board or its sub-committees, including co-opted members, who are non-officials shall be paid travelling allowance at the rates fixed for, ‘‘Government employees of Grade I and daily allowance at rates to be fixed by the competent authority from time to time.
Note :—The expression ‘competent authority’ used in this rule shall mean the Administrative Department Acting in consultation with the Department of Finance.
6. Making of contracts—(a) Every contract or agreement on behalf of the Board, thall be in writing and shall be signed and sealed with the common Seal of the Board. {b) the Secretary may, on behalf of the Board, enter into any contract or agreement in such manner and form as, according to the law for the time in force would bind him if the contract or agreement were entered into on his own behalf ; provided that the amount of contract or agreement does not exceed Rs. 25,000;
(c) Any other contract or agreement on behalf of the Board excéeding Rs.25,000-shall be entered into by the Secretary in the presence of another ° member so authorised by the Board, who would also affix his signatures to the contract or agreement in token that the same was siged in his presence, The signatures of such a member shall be in .addition to the signatures of any witnesses to the execution of sucha contract or ‘agreoment.’’ Preparation of programme—The programmes under Section 23 (1) of the Act shall be prepared by the Board during every financial year for the next financial year in the form ‘A’ and-shall be forwarded to the State Government before the 15th September, in the year in which of it is prepared A Supplementary programme, if any, under section 27 of the Act shall also be Clause 5 substituted vide ‘amendment. notification No. 8/25/78-31B15/12271‘dt. 16.10 80 a prepared by the Board in any financial year in form ‘ A’ and shall be forwarded to the State Government before the 30th June in that year.
8. Preparation of Budget—(a) The Board will submit to Government its annual budget in the usual form in accordance with the calender which may be issued by Government and the instructions which Government may issue from time to time. The budget shall show distinctly in full details and with explanatory notes for marked differences in estimated marked receipts and expenditure under all its heads on capital and revenue accounts, the sched ule of staff already employed and to be engaged'during the next year in the usual form. It shall be accompanied by the Board’s programme relating to.“each scheme and schedule of staff as sanctioned by Government.(b) A supplementary budget, if necessary, shall be submitted to Government in the usual form on such date as the Government may specify.
9. The Board will grant Loan, subsidy, etc. to individuals and registered institution‘within the budget provision of various schemes. #0. Annual Reports.—The Board shall submit its aanual report, report in the form ‘B’ to Government and the Head of the Department associated with the developmentof Khadi and Village Industries before the expiry of the period specifiedin section 28 of:the Act.The quarterly progress report shall be prepared by the Secretary in the ‘form that may be prescribed by Government and copies thereofsubmitted to the _ Government and the Headof the Department associated for the development of Khadi and Village Industries.11. Accounts.—The receipts and expenditure .of the Board Shall be classified under such major, Minor and subordinate heads.of accounts, as.the State ‘Government may.in consultation with the Board direct and shall be shown under such further datailed heads again as the Board may deem necessary for the purpose ofadministration and control.Within six months of the close of each year-the -annual statement of -account referred to in section 30 (J) of the Act shall be prepared, showing the Ainancial results of any scheme or works undertaken by the Board in that year. MANGAT RAL _ Secretary to ‘Government, Pb.,Industries Department, 6 Form—A Programme
1. Name of the Scheme:
2. Introduction.
3. Scheme as in operation during the current year—Administrative aspects. Technical aspects (Training). Economic aspects, Social and rural development aspects with particular reference to employment, progress achieved during the six months and expected during the remaining part of the year. 4, New year’s programme. | te
(a) Administrative.
(b) Technical.
(c) The Programme shall contain :—~ %
(1) the particulars of the scheme which the Board propose to execute whether | in-part or wholly, during the next year. :
(2) Particulars of any work or undertaking which the Board. proposed to organise during the next year for the purposes of and carrying outits functions under the Act ; and |
(3) Such other particulars as may be required. 5 Estimated receipts and expenditure. | 6: Reasdénsand full justifications for the supplementary programme. ( * For supplementary programme only). FORM-—B
1. Introductory,
2. Constitutional changes, if any, ..
3. Administrative Teview. ~
4. Meetings of the Board (short review)
5. Industry wise brief description and Prospective programme for the next year.
Note :—Review of each scheme should lay stress on its record and financial aspects. It should contain coIplete statistics with Special reference to training and Five-Year-Plans. of Socio-economic General Survey No 3710-8-DIB-57/ 16 A, dated Chandi copy th September 1957. is forwarded to the Director of Industries uni information. . MUKAND LAL BHASIN se SUPERINTENDENT INDUSTRIES ' for Secretary to Government, Pb. | Industries Department No, 3710. B-DIB-57/16996-B, dated the 4th September, 1957 Py is forwarded to the Secretary, Punjab Khadi and Village Industries Board, Jullundur, for information, A co to Government Pb, Industries Department. MUKAND LAL BHASIN SUPERINTENDENT INDUSTRIES or Secretary, 8 No. 3710-B-DIB-57/16996-C, dated the 4th September, 1957 A copy is forwarded to the Accountant General, Punjab for information. DES RAJ MALIK ASSISTANT SECRETARY, FINANCE (II) for Secretary to Government, Pb. Finance Department. A copy is forwarded to the Secretary to Government, Punjab, Finance Department (II), for information, with reference to his U.O. No, 3410 FDII-57, dt, 17th/18th June, 1957. MUKAND LAL BHASIN SUPERINTENDENT, INDUSTRIES for Secretary, to Government, Pb., ty Industries Department. ; é> To The Secretary to Government, Punjab, Finance Deptt, U O. No. DIB-57, dated Chandigarh the.4th September, 1957, 2710 -