The Assam Khadi and Village Industries Boards (Amendment) Act, 1960

The 16th December I960 No.LJL.56/58.—The following Act of the Assam Legislative Assembly which received assent of the Governor is hereby published for general information. Received the assent o f the Governor on the 12th December 1960 ASSAM ACT No.XXXI OF I960 THE ASSAM KHADI AND VILLAGE INDUSTRIES BOARD (AMENDMEN1) ACT, 1960 (As pass:;-' h / the Assembly) [Published in the Assam Gazette, Extraordinary, dated the 17th December I960] An Act further to amend the Assa > Khadi and Village Industries Board Act, 1955 u Assam A c t X V I o f 1955; Freamble. Whereas it is expedient further to amend the Assam Act Assam Khadi and Village Industries Board Act, 1955,XVI ol 1955, hereinafter called the Principal Act, in the manner.■ . ' ■ ' ■-» hereinafter appearing ; 2 J t is hereby enacted in the Eleventh Year of the R epublic of In d ia as follows : Shore title, extent and commence- n.ent. 1. (1) 1'his Act may be called the Assam K hadi and Village Industries Board (A m endm ent) Act, 1960. (21 I t shall have the like extent as the Principal Act. (3) It shall come in to force at once. Amendment of Section 2 of Assam Act XVI of 1955. Amendment of Section 4 <sf Assaru Act XVI of 1955, “ Constitu­ tion c f Boat d . 2. In Section 2 of the Principal Act, after clause (1) the following shall be inserted a- clause (2) and the existing clauses (2) and (3) shad be renum bered as clauses (3) and (4) respectively, namely ;— “ (2) ‘T he K b ad i and Village Industries C om m is­ sion’ means the Commission established under Central Act the K bad i and Village Industries Commission Act, 61 of 1956. 19.56 ” 3. In Section 4 of the Principal A t,—- For sub-sections (I) , 12), and (3), the following shall be substitu ted , namely - (1) The Board shall consol such num ber of m em bers as the S tate G overnm ent may appoin t. C u e oi such m em bers shall be appointed bv the S tate G overnm ent as the C hairm an and anothei as the Secretary. In addition to the C hairm an and the Secretary, the State G overnm ent may appo in t an o th e r m em ber of the Board as the V ice-C hairm an. 'J he V ice-C ba 'rm an . if any appo in ­ ted, the C hairm an , die Secretary an d other m em bers of the Board shall hold office for such period as the S tate G overnm ent m ay, by general or special o rder, direct (2) T he V ice-C hairm an, if any appointed, the C hairm an , the Secretary or any' o ther m em ber of the Board m av, a t any time, resign ins office by subm it­ ting his resignation in writing to the Sm te G overn­ m ent. Provided tha t resignation shall not take effect un til it is accepted. (3) T he V ice-C hairm an, il any appointed , the C hairm an, the Secretary or any other m em ber of the Board shall receive such allowance, if any, as may be p rescribed .” 3 Insertion of 4, Following new Section shall be added after- new Section Section 4 of the Principal Act, namely ;—4 A after bee* r tion 4 of Assam Act XVI of 1955. “Appoint- 4A. The State Government may appoint an officer ment of a o f jts o w n t 0 a c t a s the Chief Executive Officer of the dvTofficer' ^oard. He shall hold office for such period as the v ’ State Government may, by genera! or special order, direct and unless otherwise directed by the State Government, he shall receive his salary and allowances from the funds of the Board.” Amendment 5. In Section 5 of the Principal Act, the words of Section 5 “ Vice-Chairman appointed, if any, or the’’ shall Act XV’Tof )̂ e inserted between the words “ the” and “ Chair- 1955. man” . Insertion of 6. Alter Section 8 of the Principal Act, the new Section following shall be inserted as new Section 8A 8A after sec- namely tion 8 ol A ssam Act XVI of 1955. “Appoint- 8A.. (I) Notwithstanding anything contained in ment of an Section 8, there shall be appointed by the Beard— Executive Committee a i i Executive Committee consisting of seven dPng^Fnance members of whom five members shall be appointed Committee by the Board and the remaining two shall be of the Board, nominated by ti.e State Government from amongst the members of the Board ; and (b) a Standing Finance Committee consisting of five members of whom three members shall be appointed by the Board from amongst the members of the Board and the remaining two shall be filled in by' the State Government by making nomination from persons who by their wide financial experience are fitted to serve on the Standing Finance Committee.” Amendment 7. [n Section 10 of the Principal Act,— of xSection 10 XvVofpjSV (1) sub-section (2) shall be deleted and the existing sub-sections (3) and (4) shall be renumbered as sub­ sections (2) and (3) respectively:— (2) in ' ub-section (2) as so renuinbeied, the words “made by the Secretary on behalf of the Board” shall bu deleted. ' . J Insertion of. new sections I0A, 10B, to e , iou , 10E and 10F after Section 10 of Assam Act X V I of 1955. 8. After Section .10 of the Principal Act, the follow­ ing shall be inserted as new sections 10A, 10B, IOC, 10D, JOE, and 10F, namely :— "Powers and functions of the Chair­ man. I0A. The Chairman of the Board shall preside over the meetings of the Board, and shall take decision when the Board or the Executive Committee is not in session. Powers and functions of Vice-Ch air­ man. 10B. The Vice-Chairman, if any appointed, shall, in the absence of the Chairman, exercise all the powers of the Chairman or such powers as may be delegated to him by the Chairman Powers and functions of the Secre­ tary. IOC. trusted shall,— Subject to the powers and responsibilities en- to the Chief Executive Officer, the Secretary (i) enter into every contract on behalf of the Board umler Section 10 of the Act.; (ii) be responsible for all matters of the Board including general supervision for the im­ plementation of the Board’s Plan and Pro­ gramme ; (iii) carry on. correspondence of the the State Government and the Village Industries Commission. Board with Khadi and Powers and functions of the Chief Executive Officer. Power? and functions < I the Execu­ tive Com­ mittee. 10D. Subject, to the general control and of the Secretary ' — - — • supervision y, the Chief Executive Officer shall,— (i) be responsible for the implementation of the Plan and Programme of the Board ; (tt) be responsible for proper administration of the Board’s funds and maintenance of accounts ; (iii) submit periodical progress reports, receipt and expenditure statements and balance sheets to the Board ; and (tv) be the controlling officer of the members of the staff of the Board. tec 10E. (1) The functions of the Executive Commit- shal] be to execute the decision of the Board and to take such urgent and emergency decisions as may be necessary in anticipation of approval of the Board. * 5 (2) The Board may entrust the responsibility for successful furtherance of different industries to the members of the Executive Committee individually, who in turn shall formulate schemes and make suita­ ble recommendations for development of industries in their respective charge, for consideration by the Exe­ cutive Committee. Powers and jgp. Without prejudice to anything contained in functions of ge c t | o n g a jK j 12 of this Act, the functions of the uar'c^Cora-* Standing Finance Committee shall be :— mittee. (?) to render expert financial advice to the Board for proper administration of the Board’s fund including its proper utilization ; (if) to scrutinize and to give its comments and expert advice on the following matters, namely: - (a) all annual and supplementary budgets of the Board ; (b) all new schemes of the Board ; (c) anv proposal for entertainment of the mem­ bers of the staff of the Board that may be necessary after the commencement of the Assam Khadi and Village Industries Board (Amendment) Act, 1960 ; and (d) any other financial matter which the Board may, by general or special order, direct to be referred to the Standing Finance Commit­ tee for its scrutiny, comment and expert advice.” Amendment 9. In sub-section (2) of Section 11 of the Principal of 11 ^ct, after clause (?) the following shall be inserted as Act XVI of clause ( j) and the existing clause (j‘) shall be re- 1954. numbered as clause (A), namely:— “ ( j) to sanction loans to individuals and institu­ tions not exceeding such limit as may be prescribed in order to develop, encourage and assist Khadi and Village Industries. The loan shall be secured and repaid in the prescribed manner and upon such terms and conditions as may be specified by the order granting it. In default of payment within the specified date, the load together with the interest due shall be recoverable from the loanee as an arrear of land revenue” . 6 Amendment 10. In Section 12 of the Principal Act, after clause of Section 12 following shall be added as clauses (tzt) and Act XVI of M n am e ly :-— 1955. “ (m) to borrow money from the Khadi and Village Industries Commission and also to hypothecate or mortgage properties as securities against the loans; (t») to write oft’ minor irrecoverable losses such as those caused by theft, fraud, etc.” Amendment n . j n Section 14 of the Principal Act, the “ full of SCCAssam s t o p” after the word “ fit” shall be substituted by a Act XVI of “ colon” and the following proviso shall be added at 1955. the end, namely “ Provided that the Board shall be competent to make minor alteration in the pattern of the schemes with the prior approval of the Khadi and Village Industries Commission.” Amendment 12. In Section 21 of the Principal Act, the “ full of Section stop” after the word “proper” shall be substituted by 21 of Assam a “colon” and the following proviso shall be added at A?* XVI of (he namely :— “ Provided that the Board shall also be competent to make minor re-appropriations from one head to another after the annual budget and the programmes are approved by the State Government and sanction­ ed by the Khadi and Village Industries Commission subject to the overall amounts of grant and loan remaining unaltered.” Substitution 13. For the words “ All-India Khadi and Village of the All- Industries Board” wherever occur in the Principal Act, l? d ,a , the words “Khadi and Village Industries Commission” * a n i X shall be substituted. tries Board by the Kha­ di and Village In­ dustries Commission. , B. C. BAR.UA, Secy, to the Govt, of Assam, Law