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Government of Mizoram

Department of Industries

 

NOTIFICATION

 

No.LJD.122/82/66, the 29th April, 85. The following Act of the Mizoram Khadi & Village Industries which received the assent of the President of India, is hereby published for general information.

 

Mizoram Act No. 3 of 1985

The Mizoram Khadi & Village Industries Act, 1982

(Received the assent of the President on20.3.85)

(as amended by 1st Amendment Act 1986)

(Mizoram Act No.1 of 1988)

AN

ACT

 

to provide for better organization, development and regulation of Khadi & Village Industries in the Union Territory of Mizoram and for establishment and constitution of Khadi and Village Industries Board for the said Union Territory, and for matters connected therewith and incidental thereto.

Be it enacted by the Legislative Assembly of Mizoram in the Thirty-third Year of Republic of India as follows :-

 

CHAPTER 1

 

PRELIMINARY

Short title extent and commence-ment

1.

(1) This Act may be called the Mizoram & Village Industries Board Act, 1982.

 

 

(2) It extends to the whole of the Union Territory of Mizoram

 

 

(3) It shall come into force on such date as the Government may be notification in the Gazette appoint.

Definitions.

2.

In this Act, unless the context otherwise requires

 

 

(a) “Board” means the Mizoram Khadi & Village Industries Board, established under Section 3;

 

 

(b) “Chairman” means Chairman of the Board;

 

 

(c) ‘Commission” means the Khadi & Village Industries Commission establishmed under section  4  of the Khadi and Village Industries Commission Act, 1956 (Central Act 61 of 1956);

 

 

(d) “Gazette” means the Mizoram Gazette ;

 

 

(e) “Government” means the Government of Mizoram ;

 

 

(f) “Khadi” means any cloth woven on handlooms in India for cotton, silk or woolen yarn-handspun in India or from a mixture of any two or all such yarns and includes readymade garments made out of such cloths ;

 

 

(g) “member” means a member of the Board :

 

 

(h) “prescribed” means proescribed by rules made under this Act ;

 

 

(i) “regulations” means the regulations made by the Board under this Act ;

 

 

(j) “Village Industries” means -

 

 

(a) all or any of the Industries specified in the Schedule to the Khadi and Village Industries Commission Act, 1956, and includes any other Industry deemed to be specified in the said schedule by reason of  a notification issued by the Central Government under Section 3 of the said Act; and

 

 

(b) any other industry specified in this behalf by the Government, notification in the Gazette, in consultation with the Commission and the Board.

 

 

(k) “Union Territory” means the Union Territory of Mizoram.

 

CHAPTER II

MIZORAM KHADI AND VILLAGE INDUSTRIES BOARD

Establishment and         incorporation  of Board

3.

(1) With effect from such as the Government may, by notification in the Gazette, fix in this behalf, there shall be established a Board to be called the Mizoram Khadi & Village Industries Board.

 

 

(2) The Board shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose  of property and to contract and may, by the said name, sue and sued.

Constitution of the Board

4.

“4. (1) The Board shall consist of not more than eleven numbers who will be appointed by the Government.

 

 

(2) The Board shall consist of a Chairman appointed in the manner specified in sub-section

 

 

(3) and not less than 5 and not more than 10 other members as the Government may appoint. One of the members shall be a nominee of the Commission and the other will be appointed from

* Original version of Sec. 4.

 

           (1) The Board shall consist of such number and members as the Government may appoint

 

          (2) One of the members of the shall be appointed by the Government as the Chairman of the Board.

 

          (3) The Government may appoint one of the other members 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.

 

          (4) The Government shall after consultation with the Board, appoint one of the other member (other than the Chairman and the Vice-Chairman) as the Secretary of the Board

 

 

amongst the Officers of the Government concerned with the Khadi & Village Industries Programmes and some persons having experience and faith in Khadi and Village Industries Proramme.

 

 

(3) Unless otherwise decided by the Government, the Minister Incharge of Khadi & Village Industries shall be the the Chairman of the Board. When any other person is appointed by the Government as Chairman, it shall be done in consultation with the Commission.

 

 

(4) The Government may appoint one of the other members as the Vice-Chairman.

 

 

(5) The Government shall, after consultation with the Board, appoint one of the other members (other than the Chairman and the Vice- Chairman) as the Secretary of the Board.

Vacancy.

5.

(1) The Chairman, the Vice Chairman, the Secretary or any other member of the Board may, at any time resign his office by submitting his resignation in writing to the Government.

Provided that the resignation shall not take effect until it is accepted.

 

 

(2) In the event of any vacancy in the office of a member of the Board by reason of death, resignation of removal such vacancy shall be filled up by appointment by the Government and the member appointed in such vacancy shall hold office for the unexpired term of his predecessor.

Allowance to Member

6.

(1) The Chairman, the Vice-Chairman, the Secretary or any other member of the Board shall receive such allowances and at such rates as may be prescribed ;

 

 

 

 

   

(2) The allowances to the members shall be paid from the fund of the Board; provided by the Government of Mizoram for the purpose for establishment expenses.

 

 

(3)  The Board may delegate such of its financial powers as it deems necessary, to the officers of the Board incharge of Administration for establishment expenses.

Appointment of Financial Adviser and Chief Accounts Officers

7.

“The Government, shall, on the recommendation of the Commission, appoint a person not being a member of the Board to be the Financial Adviser and Chief Accounts Officer of the Board, who shall exercise such powers such powers and perform such duties as may be prescribed. He shall hold office for such period as the Government may, by general or special order, direct and unless otherwise directed by the Government he shall receive his salary and allowances from the fund of the Board.”

Appointment of Chief Executive Officer

8.

(1) The Government may in consultation with the Board, appoint an officer of its own to act as the Chief Executive Officer of the Board. He shall hold Office for such period as the Government may, be general or special order, direct and unless otherwise directed by the Government he shall receive his salary and allowances from the fund of the Board.

* Original version of Sec. 7.

The Government may appoint a person not being a member of the Board, as Financial Adviser and Chief Accounts Officer of the Board. He shall hold office for such period as the Government may, by general of special order, direct and unless otherwise directed by the Government, he shall receive his salary and allowances from the fund of the Board.

 

 

 

(2) Subject to the general control and supervision of the Secretary, the Chief Executive Officer shall –

(a) be responsible for the implementation of the plans and programmes of the Board.

(b) be responsible for administration of the fund and maintenance of accounts of the Board.

(c) submit periodical progress report, receipts and expenditure statement and balance sheet to the Board.

(d) be the Controlling Officer of the members of the staff of the Board.

Proceedings 9 presumed to be good and valid

9.

No act or proceeding of the Board shall be questioned or be invalidated merely by reason of any vacancy in its membership on account of resignation, death or otherwise or by reason of any defect in the constitution thereof.

Temporary association of persons with the Board for particular purposes

10.

(1)  The Board may associate with itself in such manner and for such purposes as may be determined by regulations made under this Act, Any person whose assistance or advice it may desire in complying with any of the the provisions of this Act.

 

 

(2) A person associated with the Board under sub-section (1) for any purpose shall have the right to take part in the discussions of the Board relevant to that purpose, but shall not have the right to vote and shall not be a member for any other purpose.

 

 

(3) The Governor may, by order, depute one or more Officers of the Government to attend any meeting of the Board and to take part in the discussions of the Board, but such Officers shall not have the right to vote.

Meeting of the Board

11.

(1) “The Board shall meet at least once in a month. The Chairman may fix the date, time and place of such meetings.

 

Provided that when the Chairman, in consultation with the Secretary or Chief Executive Officer, decides that an emergency meeting of the Board should be called in the interest of the Board, he shall fix date, time and place for the same.”

 

 

(2) The Chairman shall preside over the meeting of the Board and in his absence the Vice-Chairman and in the absence of both, a member elected-in the meeting from among the members shall preside.

 

 

(3) All questions at a meeting of the Board shall be decided by the majority of the votes of the members present and voting and in the case of and equality of votes of the members present and voting and in the case of and quality of votes the Chairman or in his absence the Vice-Chairman and in absence of both the member presiding, shall have a second or casting vote.

 

* Original version of Sec. 11

 

(1)   The Board shall meet and shall, from time to time make arrangements with respect to date, time, notice, management and adjournments of its meetings as it thinks fit. Such meetings shall be held at least once in every three months.

 

            Provided that when the Chairman, in consultation with the Secretary or Chief Executive Officer, decides that an emergency meeting of the Board should be called in the interest of the Board, he shall fix date, time and place for the same.

 

 

(4) The proceedings of the meeting of the Board shall be forwarded to the Government and the Commission within fifteen days of every meeting.

 

 

 

Term of Office and conditions of services of the Chairman, Vice Chairman, Secretary and other members of the Board.

12.

The term of Office and the terms and conditions of services of the Chairman, the Vice Chairman, the Secretary and other members of the Board shall be such as may be prescribed.

 

 

 

Powers, duties and functions of the Chairman, Vice-Chairman & Secretary

13.

*13. (1) The Chairman of the Board shall preside over the meetings of the Board. The Chairman may also take certain decisions when the Board is not in session such decisions, however, shall be placed before the next meeting of the Standing Finance Committee of the Board or before the next meeting of the Board for ratification where the Board or the  Standing Finance Committee, as the case may be, have such powers.

 

 

 

 

 

(2) The Vice-Chairman shall exercise such of the powers and perform such of the duties of the

 

 

 

* Original version of Sec. 13.

(1) The Chairman of the Board shall preside over the meeting of the Board and shall take decision when the Board or the Executive Committee is not in session.

 

(2) 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 deligated to him by the Chairman.

 

(3) The Secretary shall exercise each powers and discharge such duties as may be prescribed or as may, from time to time, be deligated to him the Government or by the Chairman.

 

 

 

 

 

 

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Chairman as may be prescribed or as may be delegated to him by the Chairman.

 

 

 

 

 

(3) The Secretary shall exercise such powers and discharge such duties as may be prescribed or as may, from time to time, be delegated to him by the Government or by the Chairman.”

 

 

 

Appointment of Officers & Staff of the Board and conditions of their services

14.

(1) The Board may appoint such other Officers and staff as it may consider necessary for the efficient discharge of its functions.

 

(2) The renumeration, allowances and other conditions of services of the officers and members of the staff of the Board shall be such as may be determined by the Board.

 

 

 

Standing Finance Committee

15.

The Board may constitute from among the members of the Board, a Standing Finance Committee relating to finances of the Board. The proceedings of the Standing Finance Committee shall be sent to the Government and the Commission within 15 days.

 

 

 

Appointment of other Committee

16.

The Board may, from time to time, appoint one or Committees for the purposes of securing the efficient discharge of its functions and in particular, for the purpose of securing that the functions are discharged with due regard to the circumstances and requirement of Khadi or any particular Village Industry. Such Committees may be appointed for any particular areas.

 

* Original version of Sec. 15.

 

The Board may constitute from among the members of the Board a Standing Finance Committee relating to finances of the Board

 

 

 

 

 

 

 

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CHAPTER – III

 

POWERS AND FUNCTIONS OF THE BOARD

 

Functions of the Board

17.

(1) It shall be the duty of the Board to encourage, organize, develop and regulate Khadi and Village Industries and perform such functions as the Government may prescribe from time to time.

 

 

 

 

 

(2) Without prejudice to the generality of the provisions of sub-section (1), the Board shall also in particular discharge and perform all or any of the following duties and functions, namely :

 

 

 

 

 

(a) to statrt, encourage, assist and carry on Khadi & Village Industries and to carry on trade or business in such industries and in the matters incidental to such trade or business ;

 

 

 

 

 

(b) to help the people by providing them with work in their homes and to give loans and other form of monetary help to individuals, registered cooperative societies and registered institutions.

 

 

 

 

 

(c) to encourage establishment of co-operative societies for Khadi and Village Industries, and Handicrafts.

 

 

 

 

 

(d) to conduct training centre’s and to train people with a view to equipping them with the necessary knowledge for starting or carrying on Khadio and Village Industries.

 

* Original version of Sec. 17 (2) b.

 

To help the people by providing them with work in their homes and to give loans and other form of monetary help to individuals or registered societies or registered instititutions on such terms as may be prescribed.

 

 

 

 

 

 

 

 

 

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(e)

(i) to manufacture tools and implements required for carrying on Khadi & Village Industries and to manufacture the products of such Industries;

 

 

 

 

 

(ii) to arrange for the supply of raw-materials and tools and implements required for the same purposes; and

 

 

 

 

 

(iii) to sell and to arrange for the sale of the products of the said industries.

 

 

 

 

(f)

to arrange for publicity and popularizing of finished products of Khadi and Village Industries by opening stores, shops, emporis or exhibitions and to take similar measures for the purpose ;

 

 

 

 

(g)

to Endeavour to educate, public opinion and to impress upon the public, the advantages of patronizing the products of Khadi and Village Industries;

 

 

 

 

(h)

to seek and to obtain advice and guidance of experts in Khadi and Village Industries.

 

 

 

 

(i)

to undertake and encourage research work in connection with Khadi and Village Industries and to carry on such activities as are incidental and conductive to the objects of this Act;

 

 

 

 

(j)

to discharge such other duties and to perform such other functions as the Government may direct for the purpose of carrying out the objects of this Act.

 

 

 

General Powers of the Board.

18.

The Board shall, for the purpose of carrying out its functions under this Act, have the following powers, namely :

 

 

 

 

 

(i) to acquire and hold such moveable and immoveable property as it deems necessary and to lease, sell, or otherwise transfer ay such property :

 

Provided that any lease, sale, mortgage, hypothecations or other transfer to any persons or authority other than the Commission of any immovable property belonging to the Board shall be null and void unless it is sanctioned by the Government;

13

 

 

 

(ii) to incur expenditure and undertake any work in any area in the Union Territory for the framing and execution  of such schemes as it may consider necessary for the purpose  of carrying out the provisions of this Act, or as may be entrusted to it by the Government;

 

 

 

 

 

(iii) to borrow money from the Commission and also to hypothecate or mortgage properties as securities against the loans; the Board may also borrow money from other source, like Banks, and may give first or subsequent charge on its assets to the lenders. The Government (which in the instant case will mean the Central Government) shall guarantee repayment of loans on due date or on demand by the Commission.

 

 

 

 

 

(iv) to write off minor irrecoverable losses as provided for under section 35 of this Act.

 

 

 

Powers to makes contracts

19.

(1) The Board may enter into and perform all such contracts as it may consider necessary or expedient for carrying out any of the purposes of this Act.

 

 

 

 

 

(2) Every contract shall be made on behalf of the Board by its Chairman.

 

Provided that the Chairman may, by an order in writing, delegate his powers in this behalf to the Vice-Chairman, Secretary or Chief Executive Officer.

 

 

 

 

 

(3) Every contract made on behalf of the Board shall, subject to the provisions of this section, be entered into in such manner and form as may be prescribed.

 

 

 

 

 

(4) A contract, not executed in the manner provided in this section and the rules made thereunder and or common seal of the Board not fixed thereto, shall not be binding on the Board.

 

 

 

Powers of the Commission to give direction

20.

In the performance of its functions under this Act, the Board shall be bound by such directions as the Commission may give to it from time to time in the implementation of Schemes financed by the Commission.

* Original version of Sec. 19 (4)

A contract not executed in the manner provided in this section and the rules made thereunder, shall not be binding on the Board.

14

 

CHAPTER IV

 

PROGRAMMES OR SCHEMES OR WORKS

 

Preparation and submission of programmes.

21.

(1) In each year, on such date as may be fixed by the Government, the Board shall prepare a programme of work and forward it to the Government and the Commission.

 

 

(2) The programme shall contain -

 

 

(a) Particulars of the schemes which the Board proposes to execute whether in part or whole during the next year;

 

 

(b) Particulars of any work or undertaking which the Board proposes to execute during the next year for the purpose of carrying out its functions under this Act; and

 

 

(c) Such other particulars as may be prescribed.

 

 

 

Sanction of programme

22.

The Government may, in consultation with the Commission, approve and sanction the programme in whole or part or with such modifications as it deems fit the Government shall also inform the Commission or the programme sanctioned by it to the Board.

 

 

 

Supplementary programme

23.

The Board may prepare and forward a supplementaty programme for the sanction of the Government in such form and before such date as the  Government may precirbed and the provisions of section 22 shall apply to such supplementary programme.

 

 

 

Powers of the Board to alter schemes

24.

The Board may, with the previous approval of the Government, make any alteration in any scheme so long as the aggregate amount sanctioned for the scheme is not exceeded :

 

Provided that for alteration of any scheme financed by the Commission, approval of the Commission, shall be necessary :

 

Provided further that a report of the alteration shall be sent to the Commission in such form and within such time as may be prescribed.

* Original version of Sec. 19 (4)

The Board may, with the prevous approval of the Government, make any alteration in any scheme so long as the aggregate amount sanctioned for the scheme is not exceeded. A reports of the alteration shall be sent to he Commission in such form and within such time as may be prescribed.

 

 

15

 

 

CHAPTER V

 

FINANCE, ACCOUNTS AUDIT AND REPORTS

 

Transfer of Property

24.

The Government may transfer to the Board, buldings, lands or any other property, whether movable or immoveable for use and management by the Board on such conditions and limitations as the Government may deem fit for the purposes of this Act.

 

 

 

Funds of the Board

26.

(1) The Board shall have its fund and all receipts of the Board shall be credited thereto and all payments by the Board shall be met therefrom.

 

 

 

 

 

(2) The Board may accept grants, subventions, donations and gifts and receive loans from Government or a local authority or any body or association whether incoprporated or not, or an individual for all or any of the purposes of this Act. It may also create reserves for irrecoverable loans in direct trading activities. The management of the reserve fund shall be in such manner as may be prescribed.

 

 

 

 

 

(3) All moneys belonging to the fund of the Board shall be deposited in a Government Treasury or the State Bank of India, or the Mizoram Co operative Apex Bank Ltd., or any other Bank, approved by the Government :

 

Provided that it will not be necessary for all the moneys to be kept in any one Bank or Treasury.

 

 

 

 

 

(4) The accounts of the Board shall be operated upon such Officers jointly or individually as may be authorized by the Board.

 

 

 

Application of fund and property.

27.

All property, fund and other assets of the Board shall be held and applied by it subject to the provisions, and for the purposes of this Act.

 

 

 

Subventions and loans to the Board.

28.

(1) The Government may, from time to time, make subventions and grants to the Board for the purposes f this Act on such terms and conditions as the Government may determine in each case. Establishment expenditure of the Board will be the responsility of the Government. Similarly, the Government may grant subvention compensating irrecoverable debts.

 

 

16

 

 

 

(2) The may from time to time, with the previous sanction of the Government and subject to the provisions of this Act and such conditions as the Government may determine, borrow any sum required for the purposes of this Act.

 

Provided that the previous sanction of the Government shall not be necessary to borrow any sum from the Commission.

 

 

 

Budget

29.

(1) The Board shall, by such date, in each year as may be prescribed, prepare and submit to the Government for approval the Budget in the prescribed from for the financial year showing the estimated receipts and expenditure in respects of Khadi & Village Industries resopectively during the financial year. The Board shall forward a copy of the budget to the Commission for information and comments, if any.

* Original version of Sec. 28

(1) The Government may from time to time, make subventions and grants to the Board for the purposes of this Act on such terms and conditions as the Government may determine in each case.

 Establishment expenditure of the Board will be the responsibility of the Government and the Commission. Similarly, they may grant subvention compensating irrecoverable debts.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

17

 

 

 

(2)  Subject to the provisions of sub sections (3) and (4), no sum shall be expended by or on behalf of the Board unless such expenditure is covered by a specific provision in the budget approved by the Government.

 

 

 

 

 

(3) Provided that no re-appropriation from the head ‘loan’ to any other head of expenditure and vice versa in the budget shall be sanctioned by the Board.

 

 

 

 

 

(4) The Board may, within such limits and subject to such conditions as may be prescribed, re-appropriate and incur expenditure in excess of the limit providents in the budget approved by the Government under any head of expenditure or in connection with any particular scheme so long as the aggregate amount in the budget approved by the Government is not exceeded.

 

Provided that prior approval of the Commission shall be necessary for re-appropriate ,of funds where the Commission has sanctioned the scheme/programme.

 

* Original version of Sec. 29 (3) & (4)

(3) The Board, within the respective limits of the budget, sanction any re-appropriation from one hand of expenditure to another or from a provision made for one scheme to that in respect of another.

 

Provided that no re-appropriation from the head ‘lone’ to say other head of expenditure and vice versa in the budget shall be sanctioned by the Board except with the previous approval of the Government and the Commission.

 

(4) The Board may within such limits and subject to such conditions as may be prescribed incur expenditure in excess of the limit provided in the budget approved by the Government  under any head of expenditure or in connection with any particular scheme so long as the aggregate amount in the budget approved by the Government is not exceeded.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

18

 

Supplementary Budget

30.

The Board may submit a supplementary budget for the sanction of the Government in such form and before such date as the Government may prescribe and the provisions of section 29 shall apply to such supplementary budget.

 

 

 

Annual Report

31.

(1) The Board shall prepare and forward to the Government in such manners as may be prescribed an annual report within three months from the end of a financial year giving a complete account of its activities during the previous financial year alongwith a copy of the annual statement of account referred to in section-33.

 

 

 

 

 

(2) The Board shall prepare and forward to the Commission an annual report within three months from the end of financial year giving a complete accounts of the funds received by the Board from the Commission and the activities carried on by the Board from and out of such fund during the previous financial year.

 

 

 

 

 

(3) The report received by the Government under sub section (1) shall be laid before the legislative Assembly of Mizoram as soon as may be after it is received by the Government. The Board shall send a copy of this annual report to the Commission within one month from the date the same is laid before the Legislative Assembly of Mizoram.

 

 

 

Returns & Reports

32.

(1) The Board shall furnish to the Government and the Commission at such time and in such form and manner as may be prescribed or as the Government or the Commission may direct, such returns and statements and such particulars in regard to any proposed or existing programme for the promotion and development of Khadi and Village Industries as the Government or the Commission, as the case may be, may, from time to time, require.

 

 

 

 

 

(2) Without prejudice to the provisions of sub-section (1), the Board shall, as soon as possible after the end of each financial year, submit to the Government a report in such form and before such date as may be prescribed, giving true and full account of its activitiesd, policy and programme during the previous financial year.

 

 

 

 

 

(3) All returns, statements and particulars furnished by the Board to the Government under sub-section (1) shall be laid before the Legislative Assembly of Mizoram as soon as may be after they are received by the government.

 

 

 

19

 

Accounts & Audit

33.

(1) The Board shall cause proper accounts and other records in relation thereto to be kept, including a proper system of internal check, and prepare an annual statement of accounts including the Profit & Loss Account and the Balance Sheet in such form as may be prescribed by the Government in consultation with the Comptroller and Auditor General of India.

 

 

 

 

 

(2) The accounts of the Board shall be audited by the Comptroller and Auditor General of India or by such persons as he may authorize in this behalf and any expenditure incurred by him in connection with such audit shall be payable by the Board to the Comptroller and Auditor General of India, from out of the fund provided by the Government.

 

 

 

 

 

(3) The Comptroller and Auditor General of India and any person authorized by him in connection with the audit of the accounts of the Board shll have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor General of India has in connection with audit of Government accounts and in particular shall have the right to demand the production  of books of accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Board.

 

 

 

 

 

(4) The accounts of the Board as certified by the Comptroller and Auditor General of India or any other persons authorized by him in this behalf together with the audit report thereon shall be forwarded annually to the Government and the Commission and the Government or the Commission may issue such instructions to the Board in respect thereof as it deems fit and the Board shall comply with such instructions.

 

 

 

 

 

(5) The Government shall -

 

 

(a) cause the accounts of the Board together with Audit Reports thereon forwarded to it under sub-section (4) to be laid annually before the legislative Assembly of Mizoram; and

 

 

 

 

 

(b) cause the accounts of the Board to be published in the prescribed manner and make available copies thereof on sale at a reasonable price.

 

 

 

 

 

(6) In case the accounts of the Board are not audited by the Comptroller and Auditor General of India or persons authorized by him these may be audited by Chartered Accountants approved by the Board and the Commission.

 

 

 

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Recovery of arrears.

34.

If ny amount due to the Board in accordance with the terms of a contract or otherwise or any sum payable in connection therewith, has not been paid, the Board may without prejudice to any other remedy provided by law, recover such amount or sum as arrears of land revenue.

 

 

 

Power to Write off losses

35.

The Board shall be competent to write off losses upto Rs.500/- in individual cases and exceeding Rs.5000/- in the aggregate in any financial year in cases falling under all or any of the following categories :-

 

 

(a) loss of irrecoverable value of stores or of public money due to theft, fraud or such other cause;

 

 

 

 

 

(b) loss of irrecoverable advance other than loans; and

 

 

 

 

 

(c)  deficiency and depreciation in the value of stores.

 

 

 

Dissolution of the Board

36.

(1) If any time the Government is satisfied that – (a) the Board has without reasonable cause or excuse made default in the discharge of its duties or in the performance of its functions imposed or entrusted by or under this Act, or exceeded or abused its power; or

 

 

 

 

 

(b) circumstances have so arisen that the Board is rendered unable or may be rendered unable, to discharged its duties or perform its functions under this Act; or

 

 

 

 

 

(c) it is otherwise expedient or necessary to dissolve the Board, the Government may, by notification in the Gazette dissolve the Board for such period which may extend by further notification as may be specified in the notification and declare that the duties, powers and functions of the Board shall during the period of its dissolution be discharged, exercised and performed by such person or authority, as may be specified in the notification.

 

Provided that the Government shall, before dissolving the Board give reasonable opportunity to it to show cause against the proposed action.

 

 

 

 

 

(2) The Government shall before the expiration of the period of dissolution, reconstitute the Board in accordance with the provisions of sections 3 and 4.

21

 

 

 

(3) The Government may make such incidental and consequencial provisions as may appear to them to be necessary for giving effect to the provisions of this section.

 

 

 

 

 

(4) Any notification issued or order made by the Government under this section shall not be questioned in any court of law.

 

 

 

 

 

(5) On the Board being dissolved under sub-section (1) -

 

 

 

 

 

(i) all properties and funds, which immediately before the said date were in the possession of the Board for the purposes of this Act shall vest in the Government.

 

 

 

 

 

(ii) all members, with effect from the date of the notification under sub-section (1), shall vacate and be deemed to have vacated office as members of the Board; and

 

 

 

 

 

(iii) all right, obligations and liabilities (including and liabilities under any contract) of the Board shall become the rights, obligations and liabilities of the Government.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

22

 

Members of the Board and Officers and servants of the Board to be public servants .

37.

Members of the Board and Officers and servants of the Board shall be deemed when acting or purporting to act in pursuance of any of the privisions of this Act to be public servants within the meaninf of section 21 of the Indian Penal Code.

 

 

 

Protection of action taken under this Act.

38.

No suit, prosecution or other legal proceedings shall lie against the Government, the Board or an officerof person for anything which is in good faith done or purported to be done by or under this Act.

 

 

 

Powers to make rules.

39.

(1) The Government may, by notification in the Gazette make rules to give effect to the provision of this Act.

 

 

 

 

 

(2) In particular and without prejudice to the generaility of the foregoing powers, such rules may provide for all or any of the following matters namely :-

 

 

 

 

 

(a) the place at which the office of the Board shall be located;

 

 

 

 

 

(b) the term of office of, and the manner of filling casual vacancies among, the members of the Board and the terms and conditions of service of the Chairman, Vice Chairman, the Secretary and other members of the Board, including the salaries  and allowances to be paid to them and traveling and daily allowances to be drawn by them;

 

 

 

 

 

(c) the disqualifications for membership of the Board and procedure to be followed for removing a member who is or become subject to any disqualifications;

 

 

 

 

 

(d) powers and duties to be exercised and performed by the Chairman and the Vice Chairman.

 

 

 

23

 

 

 

(e) the conditions subject to which and the mode in which contracts may be entered into by or on behalf of the Board;

 

 

 

 

 

(f) constitution of the Standing Finance Committee;

 

 

 

 

 

(g) the procedure to be followed in the performance of functions by members of the Board.

 

 

 

 

 

(h) the powers and duties to be ecercised and discharged by the Secretary, the Financial Adviser and the Chief Executive Officer of the Board;

 

 

 

 

 

(i) the date by which and the form in which the budget and the supplementary budget shall be prepared and submitted in each year under sections 29 and 30.

 

 

 

 

 

(j) the procedure to be followed for placing the Board in possession of funds;

 

 

 

 

 

(k) the procedure to be followed and the conditions to  be observed in borrowing moneys and in granting loans;

 

 

 

 

 

(l) the form and manner in which the returns, reports or statements shall be submitted under Section 32;

 

 

 

 

 

(m) the form and manner in which the accounts of the Board shall be maintained under section 33; and

 

 

 

 

 

(n) any other matter which has to be or may be prescribed.

 

 

 

Regulations

40.

(1) The Board may, with the previous sanction of the Government by notification in the Gazette, make regulations not inconsistent with this Act and the rules made thereunder, for enabling it to perform its function under this Act.

 

 

 

 

 

(2) In particular and without prejudice to the generality of the foregoing power such regulation may provide for all or any of the following matters namely ;-

 

 

 

24

 

 

 

(a) the terms and conditions of appointment and service and the scales of pay of officers and servants of the Board other than the Secretary including the payment of traveling and daily allowances in respect of journeys undertaken by such officers and servants for the purposes of this Act;

 

 

 

 

 

(b) the time and place of meetingd of the Board, procedure to be followed in regard to transaction of business of such a meeting;

 

 

 

 

 

(c) functions of committees and the procedures to be followed by such committees in the discharge of their functions ;

 

 

 

 

 

(d) the delegation of powers and duties to the Standing Finance Committee, Secretary or any employee of the Board;

 

 

 

 

 

(e) the maintenance of minutes of meeting of the Board and the transmission of copies thereof to the Government and the Commission ;

 

 

 

 

 

(f) the persons by whom and the manner in which payments, deposite and investments may be made on behalf of the Board;

 

 

 

 

 

(g) the custody of moneys required for the current expenditure of the Board and the investment of moneys not so required; and

 

 

 

 

 

(h) the maintenance of accounts.

 

 

 

 

 

(3) The Government may, by notification in the Gazette, rescind any regulations made under this section and thereupon, the regulations shall cease to have effect.

 

 

 

Laying of rules and regulations in the Legislative Assembly.

41.

Every rule or regulation made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly of Mizoram while it is in session for a total period of seven days which may be comprised in one session or in two successive sessions, and itf, before the expiry of the session in which it is laid or the session immediately following the Legislative Assembly of Mizoram makes any modificatiob in the rule or regulation, or the Legislative Assembly of Mizoram decides that the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such, indification or annulment shall be without prejudice to the validity of anything previously done under the rule or regulation.

 

 

 

Repeal of Assam Act of 1955 as adapted in Mizoram

42.

The Assam Khadi and Village Industries Board Act, 1955 as adapted in Mizoram is hereby repealed.