(3) Any person aggrieved by an order passed by the Board under sub-section (2) may appeal to the Collector of the district within such time and in such manner as may be prescribed and the order passed by the Collector upon such appeal shall be final.
Bengal Comprehensive Area Development Corporation Fund to which
28. (1) The Corporation shall have a fund to be called the West Fund of the Corporation.
shall be credited—
(a) all moneys received from the State Government as grants and loans advanced under section 12;
(b) all moneys borrowed by the Corporation under clause
(c) of section 9;
(c) all marketing fees, storage and service charges realised under sub-clause (i) of clause (2) of section 22;
(d) any other receipts.
(2) The fund shall vest in the Corporation and shall be under its control arid shall be held in trust for the purposes of this Act.
(3) All moneys belonging to the Corporation shall be deposited in such custody and in such manner as the State Government may, by special or general order, direct.
(4) The accounts of the Corporation shall be operated either jointly or severally as the Corporation may direct by order made in this behalf, by the Executive Vice-Chairman and such other officer or officers of the Corporation as it may authorise.
29. (1) The Corporation shall in each year, by such date and in such Budget.
form as may be prescribed, prepare a budget estimate showing the anticipated income and expenditure of the Corporation for the next financial year as well as a revised estimate showing the income and expenditure of the Corporation for the current financial year and shall submit to the State Government a copy each of such budget estimate and revised estimate within such time as may be prescribed.
(2) The State Government may either approve or modify within such time and in such manner as may be prescribed the budget estimate and the revised estimate.
205 The West Bengal Comprehensive Area Development Act, 1974.
[West Ben. Act Restriction as to expenditure.
Accounts and audit.
Fixing minimum wages for agricultural labourer.
Notice to he given in case of registration of an instrument for transfer of holding.
Certain persons to be deemed to be public servants.
Indemnity.
Power to remove difficulties.
(Sections 30-36)
30. 'No expenditure shall be incurred by the Corporation from its fund except for the purposes of this Act, and unless such expenditure is provided for in the budget estimate, or the revised estimate as the case may be.
31. (1) The accounts of the Corporation shall be maintained and an annual statement of accounts prepared in such form and in such manner as may be prescribed.
(2) The accounts of the Corporation shall be audited annually by an auditor appointed by the State Government.
(3) On receipt of the auditor's report, the Corporation shall forward the same along with the audited accounts to the State Government, and the State Government may issue such directions as it thinks fit in relation to such report and accounts, and the Corporation shall comply with such directions.
32. Whenever the Corporation is of opinion that the minimum rate or rates of wages payable to any class of agricultural labourers ought to be fixed or revised the Corporation shall make a reference in this behalf to the State Government and the State Government shall take such steps as may be necessary in order to fix or revise such wages in accordance with the provisions of the Minimum Wages Act, 1948:
Provided that the rate or rates of wages payable to any class of agricultural labourers may, if the Corporation so thinks fit, be higher than the minimum wages notified under the Minimum Wages Act, 1948.
33. Notwithstanding anything to the contrary contained in the West Bengal Land Reforms Act, 1955, the Registering Officer shall not accept for registration any instrument for transfer of the holding of a raiyat or a share or portion thereof within the area notified under subsection (2) of section 15, unless there is tendered along with it a notice giving the particulars of the transfer in the prescribed form for transmission to the Corporation.
34. The members of the Corporation and of the Council and persons in the service of the Corporation shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
35. No suit, prosecution or other legal proceeding whatsoever shall lie against any person for anything in good faith done or intended to be done under this Act.
36. If any difficulty arises in giving effect to the provisions of this Act, the State Government may make such order or do such thing, not 11- of 1948.
West Ben. Act X of 1956.
45 of 1860.
206 The West Bengal Comprehensive Area Development Act, 1974.
XXXIX of 1974.]
(Sections 37, 38.)
inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty.
.37. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:— Power to make rules.
(a) the term of office of, and the manner of filling casual vacancies among, the members of the Corporation referred to in sub-section (2) of section 4;
(b) the terms and conditions of service of the Executive Vice- Chairman referred to in sub-section (1) of section 6;
(c) the conditions subject to which officers and other employees of the Corporation are to be appointed under section 7;
the terms and conditions subject to which the Corporation may borrow money, advance loans or write off loans under clauses (c), (d) and (e) of section 9;
(e) the procedure in connection with the first meeting of the Corporation referred to in sub-section (2) of section 10;
(f) the rates of marketing fee, storage and service charges under sub-clause (i) of clause (2) of section 22;
the period within which obligations are to be fulfilled referred to in sub-section (1), the manner of hearing objections referred to in sub-section (2), and the time and manner of filing appeal under sub-section (3), of section 27;
(h) the date by which and the form in which a budget estimate and a revised estimate shall be prepared and the time within which such budget estimate and revised estimate shall be submitted to the State Government under sub-section (1), and the time within which and the manner in which the State Government may approve or modify such budget estimate and revised estimate under sub-section (2), of section 29;
(i) the form and manner in which the annual statement of accounts shall be prepared under sub-section (1) of section 31;
(j) any other matter which may be, or is required to be, prescribed.
38. (1) The Corporation may, with the previous sanction of the Regulations.
State Government, make regulations not inconsistent with this Act and the rules made thereunder for the administration of the affairs of the Corporation.
(d)
(g) 207 The West Bengal Comprehensive Area Development Act, 1974.
[West Ben. Act XXX1X of 1974.]
(Section 39.)
Act to override the provisions of other laws.
(2) Without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—
(a) powers to be exercised and duties to be performed by the Executive Vice-Chairman of the Corporation referred to in sub-section (2) of section 6;
(b) the terms and conditions of service of the officers and other employees of the Corporation appointed under section 7;
(c) place, time and number of meetings of the Corporation and the rules of procedure to be followed at such meetings referred to in sub-section (1) of section 10;
(d) place, time and number of meetings of the District Comprehensive Area Development Councils and the rules of procedure to be followed at such meetings referred to in sub-section (3) of section 13;
(e) powers and functions of the Advisory Board and the terms and conditions of service of the Project Director referred to in sub-section (3) of section 16;
(f) conditions subject to which the Project Director shall discharge his functions under section 17;
other items referred to in sub-clause (iv), and mattgrs referred to in sub-clause (x), of clause (1) of section 18, regarding which the Project Director may issue directions;
(h) time within which and manner in which a return is to be submitted under clause (2) of section 18;
manner in which Dharmagolas are to be set up under subsection (1), and the terms and conditions subject to which loan of any item of agricultural production is to be advanced under sub-section (2), of section 23;
any other matter which may be, or is required to be, provided by regulations.
39. The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law or in any contract, express or implied, or in any instrument and notwithstanding any custom or usage to the contrary.
(g) (0
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