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Section 38

The Odisha State-Aid to Industries Act, 1978State Act of Odisha · Act 32 of 1978

(1 ) The State Government may, after previ-povVcr lo I I ous publication make rules for carrying out all or make rule^.

any of the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, the State Goverament may make rules in respect of a11 or any of the following matters, namely:-

(a) the manner of election of the members of the Board and the conduct of business of the Board including the manner in which notice of the meetings shall be given, the quorum at a meeting and the recording of proceedings ;

(b) the delegation of power to give State-Aid as provided in section 5 ;

(c) the manner of making applications for State-aid under sub-section ( I ) ; and all matiers rclating to the publication of .such application and tho submission and disposal of objections undor .su b-sections

(2) and (3) of section 7 ;

(n) the manner of ascertaining .the net value of the sccurity offered and the. psrcent age - - of such value which may be grgnted -as a loan under section,8 ;

(e) the nature of tho security ,to be taken and the conditions undcr which State-aid may be given under sections . 8 and. -9; .

Ifl the manner .in which inspection.,of the, premises, buildings; machiner-y ,and-. stoak in-hand of the industry is to be -made, the mode of keeping and auditing the accomts and the furnishing of returns . of any :

industr-y in receipt, of Stato-aid -under..

section. 10 ;

Egl the guaranteeing by th6 State- - Govcmment' of cash credits, overdrafts, fixed advances with the Banks and debentures issued to the public, under section 12 and the.

recognition of Banks for this ,purpose;

(h) the ,authorities to whom and ,the conditions or restrictions strbjcct to which the - Stato- Government may. delegate ifs . powers under. sub-section (1) of sechon. 13 to terminate the St'ite-aid and - - the .periodwithin which appeal may be preferred to the: State . Government under .su b-section

(3) of the said section ;

( i ) the conditions and dates of repayment -.of - subsidies and grants and the rate of profits under smtion:17 ;

( j ) the application under- section I 8 of profits in the cases ,in , which. the conditions on whicl? State-aid has been given , have not been fulfilled .;.

(k) the appointment and functions of Governmenbdirectors under seciion I9 and the methods of co~ttro~ of illdustries to which State-aid has kcen given ;

(0 the .fees that may be; charged undor section 1 21 ;

(m) the percentage of the cost of -+aehinery to be deposited under section 22 ;

(n) the additional particulars to be specified in the order referred to in section 23 and thc conditions subject to which machinery may be suppIied on ~c hire-purchase system ;

(0) the form of the metal plate referred to in clause (e) of section 24 and the condiuons that may be imposed by the Director on ally particular hirer referred to in clause (g) of the said section ;

Cp) the proportion of tIic interest on the cost of the machincr y paya bIe under section 26 and the cxtent to which and the manner in which interest n ~ a y be remitted under section 35 ;

(9) the recovery of any sum payable under thi s Act ; and ( r ) any other. mattel. which is required to be or may be prescribed under this Act.

(3) Until rules are made under this Act, the rules made under the Bihar and Orissa State-aid to Bihm and Industries Act, 1923 shall bc in force in so far a s Oris= Act 6 of 193. they are consistent with the provisions of this Act.

Bihz and 39. (1) The Bihar and Odssa State-aid to R ~ ~ I and z;gz:~t 6 Industries Act, 1923 is hereby repealed. savings.

(2) Notwithstanding such repeal, anything done, any action taken, any State-aid granted, any appointment or delegation made, notification, order, instruction 01- direction issued or rule, regulation, form, bye-law or scheme framed under the Act so repealed, shaU be deemed to have been done, taken, granted, mado, issued or framed under the corresponding provisions of this Act.

Where this provision sits

ActThe Odisha State-Aid to Industries Act, 1978
Section38
JurisdictionState of Odisha
StatusIn force as published by the source

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