(1) This Act may be called the West Bengal Scheduled Castes Development and Finance Corporation Act, 1976.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. In this Act, unless there is anything repugnant in the subject or Definitions.
context,—
(a) "the Corporation" means the Scheduled Castes Development and Finance Corporation established under section 3;
(b) "marketing" includes all activities in connection with the transport, grading, pooling, marketing and sale of industrial produce, whether in the primary form or in semi-processed or processed form;
(c) "prescribed" means prescribed by rules made under this Act;
(d) "Scheduled Castes" means such castes, races or tribes or parts of or groups within such castes, races or tribes as are specified from time to time by notification under article 341 of the Constitution of India;
(e) "traditional occupation" means caste-based occupations such as those followed by the Muchis, Doms, Dhobas, Jalias, Mals, etc.
199 Short title, extent and commencement.
The West Bengal Scheduled Castes Development and Finance Corporation Act, 1976.
[West Ben. Act (Sections 3, 4.)
Incorpora- 3. (1) The State Government may, by notification in the Official tier. Gazette, establish a Scheduled Castes Development and Finance Corporation for West Bengal.
(2) The Corporation shall be a body corporate by the name notified under sub-section (1) and having perpetual succession and a common seal and shall by the said name sue and be sued.
Constitution 4. (1) The Corporation shall consist, of the following members, of the namely:— Corporation.
(a) the Secretary, Department of Agriculture and Community Development, Government of West Bengal, ex-officio;
(b) the Secretary, Department of Animal Husbandry and Veterinary Services, Government of West Bengal, ex-officio;
(c) the Secretary, Department of Co-operation, Government of West Bengal, ex-officio;
(d) the Secretary, Department of Cottage and Small-Scale Industries, Government of West Bengal, ex-officio;
(e) the Secretary, Department of Forests, Government of West Bengal, ex-officio;
(f) the Chairman of the West Bengal Khadi and Village Industries Board established under section 3 of the West Bengal Khadi and Village Industries Board Act, 1959, ex-officio;
(g) such number of other members not exceeding ten but not less than five, as the State Government may, by notification in the Official Gazette, appoint:
Provided that at least five members of the Corporation shall be from amongst the members of the Scheduled Castes.
(2) The State Government shall appoint one of the members as the Chairman and may, if it thinks fit, appoint another member as the Vice-Chairman of the Corporation.
(3) In the event of the capital of the Corporation being raised by the issue of shares to the members of the public, provision shall be made by rules made under this Act for the representation of such share-holders in the Corporation and the manner in which the representatives shall be elected by such share-holders.
(4) The term of office of, and the manner of filling casual vacancies among, the members of the Corporation shall be such as may be prescribed.
West Ben.
Act XIV of 1959.
200 The West Bengal Scheduled Castes Development and Finance Corporation Act, 1976.
XXXIX of 1976.]
(Sections 5-9.)
5. A person shall be disqualified for being chosen as, and for Disqualibeing, a member of the Corporation— fications for membership.
(a) if he is a lunatic or a person of unsound mind, or
(b) if he has been adjudged insolvent, or
(c) if he has been convicted of an offence involving moral turpitude, or
(d) if he has directly or indirectly any interest in any subsisting contract made with, or in any work being done for, the Corporation except as a shareholder (other than a Director) in an incorporated company, provided that where he is a shareholder, he shall disclose to the State Government the nature and extent of the shares held by him in such company, or
(e) if he has any financial interest in any work undertaken by the Corporation for execution.
6. The Chairman, Vice-Chairman or any other member of the Resignation Corporation may resign his office by giving notice in writing to the voficCeh-airman, State Government and, on such resignation being accepted by that Chairman Government, shall be deemed to have vacated his office. and members.
7. The State Government may remove from office the Chairman, Removal Vice-Chairman or any other member of the Corporation who— from office of i (a) without excuse, sufficient in the opinion of the State C V a ice man, Government, is absent from more than four consecutive Chairman or meetings of the Corporation, members.
(b) has, in the opinion of the State Government, so abused his position as a member as to render his continuance on the Corporation detrimental to the interests of the Corporation.
8. No act or proceeding of the Corporation shall be invalid by Validity of acts and reason only of the existence of any vacancy amongst its members or any proceedings.
defect in the constitution thereof.