West Ben. Act XIV of
1959. West Ben. Act XXXVIII of
1973. 61 of 1956.
6. In section 2 of the West Bengal Khadi and Village Industries Board Act, 1959 (hereinafter referred to as the principal Act),—
(a) after clause (a), the following clause shall be inserted:— `(aa) "Co-operative Society" shall have the same meaning as in the West Bengal Co-operative Societies Act, 1973;';
(b) after clause (b), the following clause shall be inserted:— `(bb) "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;';
(c) for clause (d), the following clause shall be substituted:— `(d) "Village Industries" means the industries specified in the Schedule and as recognised by the Khadi and Village Industries Commission from time to time including such other industries as the State Government may, from time to time by notification in the Official Gazette, specify in this behalf;'; GOVERNMENT OF WEST BENGAL LEGISLATIVE DEPARTMENT West Bengal Act XXXV of 1983 THE WEST BENGAL KHADI AND VILLAGE INDUSTRIES BOARD (AMENDMENT) ACT, 1983. [Passed by the West Bengal Legislature] [Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 29th November, 1983.] [29th November, 1983.] An Act to amend the West Bengal Khadi and Village Industries Board Act, 1959. WHEREAS it is expedient to amend the West Bengal Khadi and Village Industries Act, 1959, for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Thirty-fourth Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. This Act may be called the West Bengal Khadi and Village Short title. Industries (Amendment) Act, 1983. Amendment of section 2 of West Ben. Act XIV of
1959. 243 The West Bengal Khadi and Village Industries Board (Amendment) Act, 1983. [West Ben. Act (Section 3.)
(d) after clause (d) so substituted, the following clause shall be added:— `(e) "Year" means a financial year.'. Substitution of new section for section 4.
3. For section 4 of the principal Act, the following section shall be substituted:— "Constitution of 4. (1) The Board shall consist of such number of the Board. members not exceeding eleven, as the State Government may, by notification in the Official Gazette, appoint, of whom:—
(a) one shall be the Secretary, Development and Planning Department, Government of West Bengal, or his nominee not below the rank of a Deputy Secretary of the State Government;
(b) one shall be the Secretary, Cottage and Small Scale Industries Department, Government of West Bengal, or his nominee, being an officer dealing with Khadi and Village Industries matters, not below the rank of a Deputy Secretary of the State Government;
(c) one shall be the Secretary, Finance Department, Government of West Bengal, or his nominee, not below the rank of a Deputy Secretary of the State Government;
(d) one shall be the Director, Cottage and Small Scale Industries, Government of West Bengal or his nominee, not below the rank of a Joint Director;
(e) such number of non-officials who in the opinion of the State Government have shown active interest in the production and development of Khadi or Village Industries:
Provided that at least of the non-official members so appointed, shall be a person belonging to a Scheduled Caste or Scheduled Tribe, the words "Scheduled Caste and Scheduled Tribe" having the same meaning as defined in the Constitution of India.
(2) One of the members of the Board shall be appointed by the State Government as the Chairman of the Board and the names of the Chairman and other members of the Board, shall, as soon as may be, after appointment, be published in the Official Gazette.
(3) The State Government may appoint one of the other members of the Board as the Vice-Chairman who shall exercise such of the powers and perform such of the duties of the Chairman as may be prescribed or as may be delegated to him by the Chairman.". 244 The West Bengal Khadi and Village Industries Board (Amendment) Act, 1983. XXXV of 1983.] (Sections 4-6.)
4. After section 4 of the principal Act, the following section shall Insertion of be inserted:— new section
4A. "Disqualification 4A. A person shall not be qualified to be a to become a member of the Board if he is a member of a Comember of the operative Society or a Registered Institution who Board. individually or which after having received assistance from the Khadi Commission/Board has defaulted in making punctual repayment. If after appointment it comes to the notice of the Government that any member of the Board attracts the above disqualification, the Government shall cancel his appointment and may make new appointment in his place.".
5. For section 5 of the principal Act, the following section shall Substitution be substituted:— of new section for "Officers of 5. The State Government shall, in consultation with section 5. the Board. the Board,—
(a) appoint a person not being a member of the Board to be the Chief Executive Officer of the Board;
(b) appoint a person not being a member of the Board to be the Secretary of the Board;
(c) appoint a person net being a member of the Board to be the Financial Adviser of the Board, who shall also function as Chief Accounts Officer. The Chief Executive Officer, Secretary, and the Financial Adviser and Chief Accounts Officer will be whole-time employees of the Board.".
6. For section 6 of the principal Act, the following section shall be substituted:— "Terms and condi- 6. (1) The terms and conditions of the office of the tions of office of Chairman, the Vice-Chairman, other members of the the officers and members of the Board, and of the Chief Executive Officer, the Secretary, Board. and the Financial Adviser and Chief Accounts Officer of the Board shall be such as may be prescribed:
Provided that members of the Board including the Chairman and the Vice-Chairman shall be eligible for re-appointment.
(2) The Government may entrust the Vice-Chairman or any other member of the Board temporarily with the power and duties of the Chairman when the latter is unable to discharge the duties of his office due to illness or other reasons.
(3) The non-official members of the Board shall be paid such" honorarium and allowances from the funds of the Board as may be prescribed.". Substitution of new section for section 6. 245 The West Bengal Khadi and Village Industries Board (Amendment) Act, 1983. [West Ben. Act (Sections 7-11.) Amendment of section 8. Substitution of new section for section 9. Amendment of section
11. Insertion of new section
11A.
7. For the proviso to sub-section (1) of section 8 of the principal Act, the following proviso shall be substituted:—
Provided that where a casual vacancy arises amongst the members belonging to the class referred to in clause (e) of sub-section (1) of section 4, the new member to be appointed shall belong to that class.".
8. For section 9 of the principal Act, the following section shall be substituted:— "Appointment of 9. (1) Subject to such rules as may be made under other office and em rs employees this Act, the Board may appoint such other officers and of the Board. employees as it considers necessary for the efficient performance of its functions under this Act:
Provided that,—
(a) no post of officers or employees shall be created, and
(b) no post above Group 'C' or 'ID' shall be filled up, except with the previous approval of the State Government, the classification of the groups having relation to the pay scales as approved by the Government for State Government employees under the West Bengal Services (Revision of Pay and Allowance) Rules, 1981.
(2) The conditions of service relating to leave, pay and allowances, medical benefits and house rent of officers and employees of the Board shall be such as are admissible to similar category of State Government employees.".
9. In the proviso to sub-section (1).of section 11 of the principal Act, for the words "at least once in every three months", the words "once in every two months" shall be substituted.
10. After section 11 of the principal Act, the following section shall be inserted:— "State Govemment 11A. The State Government may depute one may depute officers in the meetings of or more of its officers to attend the meetings of the the Board. Board and to take part in the proceedings thereof, but he or they shall have no right to vote in such meetings.". Amendment 11. In section 12 of the principal Act,— of section
12. (a) in sub-section (1), after the words "but it will not be a trading corporation", the words "except to the extent necessary for carrying out the objects of this Act, particularly relating to promotion and development" shall be added; 246 The West Bengal Khadi and Village Industries Board (Amendment) Act, 1983. XXXV of 1983.] (Sections 12, 13.)
(b) in clause (b) of sub-section (2), after the words "help the people", the words "individually or collectively" shall be inserted;
(c) after clause (i) of sub-section (2), the following clauses shall be added:— "(j) manufacture tools and implements required for the development of Khadi and Village Industries and the finished products of such industries;
(k) to discharge such other duties and perform such other functions as the State Government may direct from time to time for the purpose of carrying out objects of this Act.".
12. In section 13 of the principal Act, in clause (a), after the proviso, the following proviso shall be added:— "Provided further that in the case of acquisition of immovable property on lease up to 20 years, prior approval of the State Government shall not he necessary.".
13. After section 14A of the principal Act, the following section shall be inserted:— Amendment of section
13. Insertion of new section
14B. "Constitution of standing finance committee and other committees and electing their members
14B. For the purpose of effectively canying out its functions under this Act,—
(a) the Board shall constitute a Standing finance Committee to exercise such powers and perform such functions relating to finance of the Board as may be prescribed. The Chief Executive Officer and the Financial Adviser and Chief Accounts Officer of the Board shall be the ex officio members of the Standing Finance Committee, while three non-official members shall be selected from amongst the members of the Board;
(b) the Board may, from time to time, constitute from amongst its members one or more committees, for efficient discharge of its duties, imposed upon it under this Act. The Board may also co-opt persons not exceeding two, having special knowledge in Khadi or Village Industries in each such committee.". 247 The West Bengal Khadi and Village Industries Board (Amendment) Act, 1983. [West Ben. Act Amendment of section
22. Amendment of section
24. Substitution of new section for section 25. ( Sections 14-19.)
14. In section 22 of the principal Act, for sub-section (1), the following sub-section shall be substituted:— "(1) The State Government may, from time to time, make grants and advance loans, including ways and means advances, to the Board for the purposes of this Act, on such terms and conditions as the State Government may determine.".
15. In section 24 of the principal Act, for sub-section (2), the following sub-section shall be substituted:— "(2) The accounts of the Board shall be audited by the Comptroller and Auditor-General of India in terms of the provisions of the Comptroller and Auditor-General's (Duties, Powers and Conditions of Service) Act, 1971.".
16. For section 25 of the principal Act, the following section shall be substituted:— "Loans and unutilised 25. Any sum payable to the Board either in the grants by the Board to form of loan or grant with any interest chargeable be recoverable as public demand. thereon, including any portion of such sum remaining unutilised for the purposes for which the loan or grant had been made under any agreement expressed or implied, shall, without prejudice to any other mode of recovery, be recoverable as a public demand.". 56 of 1971. Amendment of section
26. Insertion of new section
29A. Amendment of section
31.
17. In section 26 of the principal Act, in sub-section (1), for the words "Within three months", the words "Within six months" shall be substituted.
18. After section 29 of the principal Act, the following section shall be inserted:— "Void resolution.
29A. Any resolution passed by the Board which contravenes any provision of this Act and the rules and regulations framed thereunder or any directive issued by the State Government under section 28 of this Act shall be void and be cif no effect.".
19. In section 31 of the principal Act, in sub-section (1),—
(i) the words "after giving the Board an opportunity of representing its case" shall be omitted;
(ii) after the words "the State Government may, by notification in the Official Gazette, make an order", the words "stating the reasons therefor" shall be inserted. 248 The West Bengal Khadi and Village Industries Board (Amendment) Act, 1983. XXXV of 1983.] (Sections 20-22.)
20. After section 31 of the principal Act, the following section shall Insertion of be inserted:- new section
31A.
31A. On dissolution of the Board, its assets and liabilities shall vest in the State Government".
21. In section 33 of the principal Act, in sub-section (2), in clause Amendment
(a), for the word "servants", the word "employees" shall be substituted. of section
33.
22. For the Schedule to the principal Act, the following Schedule Substitution shall be substituted:- of new Schedule for the existing "THE SCHEDULE. Schedule. [See section 2(d).]
1. Bee-keeping.
2. Cottage match industry.
3. Cottage pottery industry.
4. Cottage soap industry (using non-edible oil).
5. Flying, curing and tanning of hides and skins and ancillary industries connected with the same and cottage leather industry.
6. Ghani oil industry.
7. Handmade paper.
8. Manufacture of cane gur and khandsari.
9. Palm gur making and the palm products industry.
10. Processing of cereals and pulses.
11. Blacksmithy.
12. Carpentry.
13. Fibre (other than coir).
14. Cane and bamboo industry.
15. Lime manufacturing industry.
16. Manufacture and use of manure and methane gas from cow dung and other waste products.
17. Fruit processing and preservation industry.
18. Manufacture of shellac.
19. Collection of forest plants and fruits for medical purposes.
20. Manufacture of household utensils in Aluminium.
21. Manufacture of Gum and resins.
22. Manufacture of Poly Vastra.
23. Manufacture of Lok Vastra. "Vesting of assets and liabilities of the Board after its dissolution. 249 Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8