(1) For the purpose of exercising such powers and performing such duties or discharging such functions as may be prescribed the Board shall establish :-
(a) a Selection Committee;
(b) a Finance Committee.
(2) The selection committee shall consist of the following members :--
(a) Chief Executive Officer, who shall be the chairman;
(b) The Director of Industries, Uttar Pradesh, or his nominee not below the rank of a Joint Director;
(c) A representative of the State Directorate of the Khadi and Village Industries Commission;
(d) Concerned Project Officer who shall be the Technical Advisor.
(3) The Finance Committee shall consist of the following members :- -
(a) Chairman of the Board, (Chairman);
(b) Two non-official members of the Board to be nominated by the Chairman;
(c) Secretary to the State Government in the Industries Department or his nominee not below the rank of a Deputy Secretary;
(d) Secretary to the State Government in the Finance Department or his nominee not below the rank of a Deputy Secretary;
1. Substituted by section 15 of U.P. Act No. 24 of 1966.
21 [The Uttar Pradesh Khadi and Village Industries Board Act, 1960] [Section 31A-32]
(e) Chief Executive Officer;
(f) Financial Advisor;
(g) Accounts Officer, who shall be the Member Secretary.
(4) The term of office of the non-official members of the Committees of the Board shall be such as may be prescribed.
(5) The members of the Committees of the Board shall draw travelling and daily allowances in accordance with such general or special orders as the State Government may issue in this behalf.
(6) Without prejudice to the generality of the provisions of sub-section (1), the Finance Committee shall perform the following functions and duties, namely-
(a) to consider the demands for loans/grants awl to take decision for sanction on the basis of the available budget;
(b) to prepare budget estimates;
(c) to scrutinize the financial progress, realization, certificate of utilization, etc.
(7) Upon the constitution of the Committees referred to in sub-section (1) every committee or sub-committee constituted under this Act, prior to the commencement of the Uttar Pradesh Khadi and Village Industries Board (Amendment) Act, 1982, shall cease to exist.
Delegation of powers and functions 31-A The Board may, by general or special order, delegate either unconditionally or subject to such conditions including the condition or review by itself as may be specified in the order to the Vice-Chairman, Chief Executive Officer or any other Officer, such of its powers and functions under the Act as it thinks fit.]
1 [Advisory Committee 31-B (1) The State Government may, by notification in the Gazette, constitute an Advisory Committee to advise the Board on matters referred to it by the Board on matters referred to it by the board.
(2) The Advisory Committee shal1 consist of one representative from each Commissioner's Division in the State having interest in the field of Khadi and Village Industries.]
2 Dissolution of the Board [32 .
(1) If the State Government is of opinion that Board has failed to carry out the functions under this Act, or that for any other reason it is not necessary to continue the Board, it may, by notification in the Gazette, dissolve the Board from such date as may be specified in the notification.
(2) Upon the publication of a notification under sub-section (1) dissolving the Board--
1. Substituted by section 9 of U.P. Act No. 11 of 1983.
2. Substituted by section 10 ibid.
22 [The Uttar Pradesh Khadi and Village Industries Board Act, 1960] [Section 33-35A]
(a) the Chairman, the Vice-Chairman and all members of the Board shall, as from the date of dissolution, vacate their offices ;
(b) all the powers and functions which may by or under this Act be exercised and performed by or on behalf of the Board shall, as from the date of dissolution, be exercised and performed, subject to the control of the State Government by such single person or institution as it may specify in that behalf and all subsisting contracts, agreements and other instruments to which the Board is a party or which are in favour of the Board may be enforced or acted upon, and all pending suits, appeals and other legal proceedings by or against the Board may be continued, prosecuted or enforced, by or against the State Government or such person or institution, as the case may be;
(c) the Fund of and other properties vested in the Board shall vest in the State Government; and
(d) all liabilities, legally subsisting and enforceable against the Board, shall be enforceable against the State Government [* ** ] 4 .
(3) Notwithstanding anything contained in sub-section (1) or sub section (2), the State Government may, at any time, again establish a Board under section 4, thereupon --
(a) the powers and functions as well as the rights and liabilities in relation to contracts, agreements and other instruments and suits, appeals and other legal proceedings referred to in clause (b) of sub-section (2) shall revest in the Board ;
(b) the fund and other properties referred to in clause (c) of sub-section
(2) remaining with the State Government after meeting any liabilities referred to in clause (d) thereof shall re-vest in Board.]
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33. [* * * ] 2 Members and Employees of the Board to be Public servants
34. All members and employees of the Board shall be deemed when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code,
1860.
Protection of action taken under this Act
35. No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or purported to be done under this Act.
[Recovery of certain dues as arrears of Land revenue 35-A Where any amount is recoverable by the Board on account of any loan or advance or grant made by it for the purpose of development of Khadi and village Industries, the same may be without prejudice to any other remedy provided by law be recovered as arrears of land revenue.]
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1. Substituted by section 8 of U.P. Act No. 14 of 1975.
2. Omitted by section 9 ibid.
3. Added by section 17 of U.P. Act No. 24 of 1966.
4. Omitted by section 2 of U.P Act no. 39 of 1976 23 [The Uttar Pradesh Khadi and Village Industries Board Act, 1960] [Section 36-37] Power to make rules