(1) This Act may be called the Kerala Khadi and Village Industries Board Act 1957.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.
2. Definitions—In this Act, unless the context otherwise requires,—
(i) ‘Board’ means the Kerala Khadi and Village Industries Board established under section 4,
(ii) ‘khadi’ means any cloth woven on handlooms in India from cotton, silk or woollen yarn handspun in India or from a mixture of any two or all of such yarns ;
1 [(ii-a)‘Khadi and Village Industries Commission’ means the Khadi and Village Industries Commission established under section 4 of the Khadi and Village Industries Commission Act, 1956 (Central Act 61 of 1956);]
2[(ii-b) ‘Local Authority’ means a panchayath at any level constituted under section 4 of the Kerala Panchayath Raj Act, 1994 (13 of 1994) or a municipality Constituted under section 4 of the Kerala Municipality Act, 1994 (20 of 1994);]
(iii) ‘prescribed’ means prescribed by rules made under this Act ;
(iv) (IV) ‘regulations’ means regulations made by the Board under this Act;
3(iv-a) ‘Secretary’ means the secretary to the Board appointed under sub-section (1) of section10:
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1.Inserted by Act 15 of 1960
2.Inserted by Act 16 of 2000
3.Inserted by Act 15 of 1960 2 (V) ‘village industries’ means all or any of the industries specified in the Schedule to the Khadi and Village Industries Commission Act, 1956 (61 of 1956), and includes any other industry declared by the Government under section 3 to be a village industry.
3. Power to declare village industry— (1) The Government may, by notification in the Gazette, declare any industry to be a village industry to which this Act applies.
(2) A copy of every notification issued under sub-section shall be laid before the Legislative Assembly as soon as may be, after it is issued.
CHAPTER II ESTABLISHMENT, CONSTITUTION AND DISSOLUTION OF THE KERALA KHADI AND VILLAGE INDUSTRIES BOARD
4. Establishment of Board— (1) With effect from such date as the Government may, by notification in the Gazette, appoint in this behalf, there shall be established for the purposes of this Act, a Board by the name of the Kerala Khadi and Village Industries Board. The Board shall be a body corporate having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and do all things necessary for the purposes of this Act, and may by the said name sue and be sued.
1[(2) The Board shall consist of not less than five and not more than fifteen members appointed by the Government from among-
(a) Non officials, who, in the opinion of the Government have shown active interest in the production and development of Khadi or in the development of Village Industries] 2[of whom one shall be from among the District Panchayat Presidents and one shall be from among the Mayors of a Municipal Corporation or a Chairperson of a Municipality and;]
(b) Officials:
3[Provided that at least one of the non-official members so appointed shall be a person belonging to a Scheduled Caste or a Scheduled Tribe.]
Explanation:In this sub-section, the expressions ‘Scheduled Caste’ and ‘Scheduled Tribe’ shall have the same meaning as in the Constitution of India.
4[2 A) The Government shall nominate one of the members of the Board to be its Chairman and another member to be its Vice-Chairman.
1.Substituted by Act No.5 of 1965
2. Inserted by act 16 of 2000
3.Added by Act No.17 of 1975
4. Added by Act 5 of 1965 3
Provided that the Vice-Chairman shall be nominated from among the non-official members of the Board.]
(3) The Chairman, 1[Vice Chairman] and other members shall be paid from the funds of the Board such allowances as the Government may fix.
2[4A. Reconstitution of the Board- (1) The Government may, by notification in the Gazette and for reasons to be specified in the notification, reconstitute the Board in accordance with the provisions of sub-section (2) of section 4.
(2)When the Board is reconstituted under the provisions of sub-section (1), all members of the Board (including the Chairman and Vice-Chairman) holding office immediately before such reconstitution shall, from the date of reconstitution, vacate their offices as such members, notwithstanding that their term of office has not expired, unless they are appointed as members of the Board as so reconstituted.
(3) Every notification issued under sub-section (1) shall be laid as soon as may be after it is issued before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid, or the session immediately following, the Legislative Assembly makes any modification in the notification or decides that the notification should not be issued, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be;so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.]
5. Resignation of office by member—Any member of the Board may at any time resign his office by giving notice in writing to the Government and on such resignation being notified in the Gazette by the Government, shall be deemed to have vacated his office.
6. Disqualification for appointment on the Board— (1) A person shall be disqualified for being appointed or for continuing as a member of the Board if he—
(a)holds any office or place of profit under the Board 3[other than the office of secretary;]
(b) is of unsound mind and stands so declared by a competent court, a deaf-mute or a leper ;
(c) is, or at any time has been, adjudicated insolvent or has suspended payment of his debts or has compounded with his creditors ;
(d) has directly or indirectly by himself, by his wife or son, or by any partner, any share or interest in any subsisting contract or employment with, by or on behalf of the Board ;
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1.Inserted by Act No.5 of 1965
2.Inserted by Act No.21 of 1967
3.Added by Act 15 of 1960 4
(e) is a Director or Secretary or a Manager or other salaried officer of any incorporated company or any co-operative society, which has any share or interest in any contract or employment with, by or on behalf of the Board.
(2)(a) A person shall not be disqualified under clause (a) of sub-section(1) by reason only of his being a member receiving any allowance as provided in sub-section (3) of section 4.
(b) A person shall not be disqualified under clause (d) or clause (e) of sub-section (1), or be deemed to have any share or interest in any contract or employment within the meaning of those clauses by reason only of his, or of the incorporated company or of a co-operative society, of which he is a Director, Secretary, Manager or other salaried officer, having a share or interest in any newspaper in which any advertisement relating to any affairs of the Board is inserted.
(c) A person shall not also be disqualified under clause (d) or clause (e) of sub section (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 share holder of such company or society:
Provided that such person discloses to the Government the nature and extent of the share held by him from time to time.
7. Removal or suspension of a member-(1) The Government may remove from the Board any member who, in their opinion,-
(a) refuses to act;or
(b) has become incapable of acting;or
(c) has so abused his position, as a member, as to render his continuance on the Board detrimental to the interest of the public;or
(d) is absent without permission from all the meetings of the Board for four successive months or for the period in which three successive meetings are held, whichever period is longer;or
(e) ceases to reside in the State of Kerala;or
(f) is otherwise unsuitable to continue as a member:
Provided that removal under this sub section shall not be made unless the member concerned has been given an opportunity to submit his explanation to the Government.
(2) The Government may suspend any member of the Board pending action against him under sub-section (1).
(3) A member who has been removed under sub-section (1) shall not be re-appointed as a member of the Board or appointed in any other capacity under the Board.
(4) The Government may declare void any transaction in connection with which a member has been removed under sub-section(1).
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8. Vacancy to be filled in as early as possible - When a member dies or resigns as provided in section 5, or is subject to any of the disqualifications specified in section 6, or is removed under sub-section (1) of section 7 he shall cease to be a member of the Board, and any vacancy so occurring shall be filled in by the Government as early as practicable:
Provided that during any such vacancy, the remaining members may act as if no vacancy has occurred.
9. Validity of proceedings -No act or proceeding of the Board shall be deemed to be invalid by reason only of a defect in its constitution or on the ground that 1[………] any member there of was disqualified for, or had ceased to hold his office, or by reason of such act or proceeding having been done or taken during the period of any vacancy in the office of any member of such Board.
2[9A.Temporary association of persons with the Board for particular purposes-1)The Board may associate with itself in such manner and for such purposes as may be determined by regulations any person whose assistance or advice it may desire in carrying out any of the provisions of this Act.
(2) A person associated with the Board under sub-section (1) shall not be deemed to be a member of the Board, and shall have no right to vote at any meeting thereof, but he may take part in the discussions of the Board relating to the purpose or purposes for which he was associated with the Board.
(3) The Government may, by order, depute one or more officers of the Government to attend any meetings of the Board and to take part in the discussions of the Board but such officer or officers shall not have the right to vote.]
10. 3[Secretary and other members of staff of Board -(1) The Government may appoint a person to be the Secretary to the Board.
(2) The remuneration, allowances and other conditions of service of the secretary shall be such as may be prescribed.
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1. Omitted by Act 15 of 1960
2. Inserted by Act 15 of 1960
3. substituted by Act 15 of 1960 6
(3) The secretary shall exercise such powers and discharge such duties as may be prescribed.
(4) The Board may appoint such other members of the staff of the Board as it may consider necessary.
(5) The remuneration, allowances and other conditions of service of the members of the staff of the Board, other than the Secretary, shall be such as may be determined by Regulations.
1 [(6) The Local Authorities shall have power to supervise the schemes of the Board formulated and funded by them.]