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GOVERNMENT OF MIZORAM
In exercise of the power conferred No.B1602/25/86-IND/pt. dt.31.8.88 by Section 40 of the Mizoram Khadi & Village Industries Board Act, 1982 (Mizoram Act 3 of 1985) the Mizoram Khadi & Village Industries Board, with the previous sanction of the Government hereby makes the following regulations, namely :-
THE MIZORAM KHADI AND VILLAGE INDUSTRIES BOARD REGULATIONS, 1988
1. SHORT TITLE : (1) These regulations may be called the Mizoram Khadi and Village Industries Board Regulations, 1988.
(2) They shall deemed to have come into force on the 1st march, 1986.
2. DEFINITIONS : In these regulations, unless the context otherwise requires :-
(a) “Act” means the Mizoram Khadi & Village Industries Board Act, 1982 (Mizoram Act 3 of 1985).
(b) “Board’ means the Mizoram Khadi & Village Industries Board establishment under Section 3
(c) “Chairman” means the Chairman of the Board appointed under sub-section 2 of Section 4
(d) ‘Chief Executive Officer” means the Chief Executive Officer appointed under Section 8.
(e) ‘Commission” means the Khadi and Village Industries Commission established under Section 4 of the Khadi & Village Industries Commission Act, 1956 (Central Act, 61 of 1956).
(f) “Financial Year” means the year commencing on the first day of April.
(g) “Government” means the Government of Mizoram.
(h) “Rules” means the Mizoram Khadi & Village Industries Board Rules, 1985.
(i) “Secretary” means a Section of the Act.
(k) “Vice-Chairman” means the Vice Chairman of the Board appointed under sub-section 3 of Section 4.
Note :- The words and phrases not defined in these relations shall have the meaning respectively assigned to them in the Act.
TERMS AND CONDITIONS OF SERVICE
3. Transfer of Services : The Services of the employees under the Industries Department, Mizoram, who agreed to serve the Board and to be governed by the Act, the Rules and the Regulations made there under as for the time being in force may be transferred to the Board.
4. Conditions of Service and remunerations : (1) The Government employees whose services have been so transferred shall serve under the Board in temporary capacity on the same scale of pay as before such transfer until provisions regulating their condition of service and remuneration is made by an order of the Board. The past services of such employees under the respective employers shall be taken into account to such extent as the Board may, with the previous approval of the Government lay down for the purpose of leave, increment and seniority and for the purpose of any other benefits or concession to which the Government servants were eligible.
(2) In fixing the scale of pay and allowances of its own employees, the Board may take into account the scale of pay and allowances of similar categories of Government servants.
5. Creation of post : All posts under the Board shall be created by the Board by passing resolutions to that effect on reasonable scale of pay ordinarily similar to the scale of pay applicable to the Government servants entrusted with similar responsibilities. All orders regarding creation of posts shall be issued by the Chief Executive Officer.
6. Board’s powers to make appointments : The Board may appoint its employees as well as honorary employees. The Board may allow such honorarium, traveling allowances and daily allowances as it deems fir to the honorary employees, subject to the condition that where the honorarium exceeds – Rs. 500.00 per month, previous approval of the Government shall be taken.
(2) In appointing its Officer and the staff/employees, the Board may consult a selection Committee formed by the Board consisting of two or more of its members or outsiders or both. All appointments as per the recommendation of such Committee shall be made by the Chief Executive officer.
7. Promotion and Increment : Having due regard to merit, promotion and increment shall be made generally on the basis of seniority. The Board may treat any post or class or posts as selection post or posts to which promotion shall be made in the basis of merit only.
8. Classes of Employees : The employment of the Board shall be of four classes, namely class I to class IV, that may further be classified into different grades. The duties and the responsibilities of such employees shall be such as may be specified by the Board by order issued from time to time.
9. Terms and Conditions of Services : Subject to the provision of the Act, rules and regulations, the Board shall lay down the terms and conditions of services of its employees including age limit at the time of recruitment, minimum qualifications and experiences required, gratuity, contributory provident fund and the conduct, discipline and appeal of all its employees and honorary workers except the Secretary and the Chief Executive Officer. The Board may by order in writing relax any of these terms and conditions wherever it is necessary to do so in the interest and in furtherance of the works of the Board.
10. The scale of pay admissible to the various classes of the Government employees will be admissible to the corresponding classes of employees of the Board.
11. Conditions of Deputtiopn Service : I n the case of Government servants whose services are lent to the Board, the terms and conditions of services including pay, traveling allowances, daily allowances, leave salary, contributory provident fund, pension and gratuity shall be such as may be laid down by the Government at the time of deputation to the Board and further amendment from time to time.
12. Medical Certificate : (1) Before joining any post under the Board for the first time, a selected candidates shall be required to produce a medical certificate of fitness as required under the Government.
Provided that such certificate shall not required in the case of employees whose service have been transferred to the Board and who had once produced such certificate.
(2) Under special circumstances, the Board may allow a selected candidate to join without producing such certificate before hand, but only on the condition that such candidate shall produce certificates within one month from the date of his joining.
13. Period of probation or trial and confirmation : Every employee of the Board recruited against vacancy shall be on probation for a period of one year. Such period of probation, if necessary, may be extended by the appointing authority for a period of six months. After satisfactory completion of such period of probation he/she shall be confirmed.
14. Age superannuation, extension and re-employment : Except as otherwise provided in this regulation, every employee of the Board in Group ‘A’. ‘B’ and ‘C’ service shall retire from service on the afternoon of the last day of the month in a which he attains the age of fifty-eight years.
Employees of the Board in Group ‘D’ service or pont shall retire from service on the afternoon of the last day of the month in which he attains the age sixty years.
Provided that the Board may, by special resolution in each case extend the service of an employee by not more than one year at a time, or re-employ an employees at a time on specific fresh term of service.
15. Appointment of an over-aged person : The Board may also make fresh appointment of persons of skill, aged over 58 years for a perios not exceeding two years or as the Board may decide.
16. Termination of services : The appointing authority of any authority superior to the appointing authority or the Board may terminate the services of :
(a) a temporary employee, at any time during the period of probation without notice and without assigning any reason thereof and after satisfactory completion of the period of trial by one months notice in writing or by payment of one months salary and allowances in lieu of the notice.
(b) an employee appointed against a permanent post, after satisfactory completion of the period of probation, on any of the following grounds :-
(i) When he is declared medically unfir for further service and
(ii) Ehen he absents himself from duty without the permission of the appropriate authority or he is quilty of insubordination, intemperance or other misconduct.
Provided that termination on any of the aforesaid grounds shall be in accordance with a procedure laid down by the Board in this behalf.
17. Travelling and daily allowances : (1) An employee of the Board shall draw traveling and daily allowances at similar rates and on similar conditions as the Government servants of the same category and grade.
Provided that in case of urgent and immediate nature works, the Board shall have the power to grant journey by air.
(2) The Chief Executive Officer shall be the controlling officer in respect of bills regarding and traveling and daily allowances of an employee of the Board.
18. Leave and leave salary : Until provision in this behalf is made by the Board by regulation leave including study leave and leave salary shall ve admissible to an employee of the Board in accordance with the rates and orders applicable to a Government servant of the same category and grade.
19. Deputation out of India : The Board may, with the prior approval of the Government depute any of its members of officers or employees to proceed outside India in connection with the Board’s work or on the request of a foreign Government and also grant funds for the purpose.
20. Recruitment of Staff : (1) All posts of the Board will be filled in by inviting applications by notification in the local newspapers and through the employment Exchange. The Board may constitute a Selection Committee for selection of the candidates. The Committee may consist of two or more members of the Board or outsiders or of the Board, emergency vacancies may be filled up by the Chairman or any other officer authorized by him in that behalf temporarily for a period of three months without taking resort to the above procedure. On expiry of the period unless the tem of such appointment is temporarily extended by the Board. The vacancy shall be filled up by the normal procedure. Promotion posts shall be filled up by the Chariman, but promotion posts which are partly filled up by promotion and partly by direct recruitment shall be placed befire the selection Committee.
(2) No age limit will be imposed provided a candidate is physically fir and posseses requisite qualifications and experience particularly in the filed of Khadi and Village Industries and is able to serve at least for three years.
(3) The Board may confirm a member of its staff on completion of five years of good and qualified service whereupon a member of the staff shall enjoy the privilege of continuing in service unless removed as a result of departmental proceedings for misconducr, failure in discharge of duties etc. so long as the Board continues.
(4) The Board may introduce the scheme of contributory provident fund for the benefit of its confirmed employees.
21. Departmental proceedings, punishment, etc. : Rules applicable to Government servants in drawing up departmental proceedings punishment shall be applicable to the employees of the Board.
- Amenities : The Board may provide amenities to its employees provided the fund is available.
MEETING OF THE BOARD
23. (a) Soon after the constitution or re-constitution of the Board by the Government under Section 3 of the Act the new members appointed under Section 4 shall immediately be put incharge of their respective office. Thereafter the Secretary in consulation with the Chairman shall call the first meeting of the Board by serving the notice on each member either through peon or registered letter whichever is convenient.
(b) Such meeting of the Board shall generally be held within six weeks from the date of the constitution or re-constitution of the Board, as the case may be.
24. Presiding over meetings : the Chairman shall ordinarily preside over all the meetings. In his absence in any meeting, the Vice Chairman shall presie over the meeting. In absence of both the Chairman and the Vice Chairman in any meeting, the members present in the meeting shall elect one of them, other than the Secretary to proseide over the meeting.
25. Quorum : (a) No business shall be transacted at any meeting of the Board unless a quorum shall be present.
(b) One-third of the total number of members of the Board holding office for the time being shall form a quorum.
(c) If at any meeting of the Board quorum is not present, the Chairman or any member presiding at such a meeting shall adjourn the meeting to other date. The members present at such adjourned the meeting shall form a quorum whatever their number may be.
26. Ordinary meeting of the Board : (a) The Board shall hold a meeting at leasr once in every three months as provided under Section. 11
(b) Subject to the provision of such clause (a) above the Chairman may hold meeting more frequently during the period of three months on such days as he may specify in this behalf.
(c) The time and place at which such meeting shall be held be fixed by the Chairman.
27. Emergency Meeting of the Board : (a) The Chairman, in consultation with the Secretary may decide that an emergency meeting of the Board should be called in the interest of the Board, fix date, time and place for the same.
(b) The Chairman shall cause to call an emergency meeting of the Board upon the written request of not less than two third of the total numbers of the Board and that the request shall be accompanied by a detailed note of the subject proposed to be discussed at such a meeting
28. Notice of Meeting : (a) the Secretary shall serve notice to all members of the Board giving ten days notice of an ordinary meeting and five days notice of emergency meeting specifying the date, time and place at which meeting is to be held and the agenda to be considered, whenever an emergency meeting is called upon the written request of the members under regulation 27, the notice shall be accompanied by a copy of the detailed note referred to in that regulation.
(b) Such a notice shall be accompanied by an official list of business proposed to be transacted in the meeting of the Board provided that this shall not in any way preclude any private members items from inclusion in the list of business in such manner as herein after prescribed.
COMMITEES OF THE BOARD
29. The Chairman and the Secretary shall, in all cases be members pf the Committees of the Board and function as the Chairman and the Secretary respectively unless otherwise specified. The Vice Chairman shall represent the Chairman when the Chairman is absent.
30. Standing Finance Committee : The Board, as provided under Section 15 may constitute a Standing Finance Committee with not more than five members of which three members from among the members of the Board including the Chairman and the Secretary and other two members of financial experts to be nominated by the Government.
31. Function of the Standing Finance Committee : The Functions of the Standing Finance Committee shall be :-
(b) to scrutinize and to give its comments and expert advice on the following matters namely :-
(i) all annual and supplementary budgets of the Board.
(ii) all new schemes of the Board.
(iii) any proposal for entertainment of the members of the staff of the Board that may be necessary after the commencement of the Mizoram Khadi & Village Industries Board Act, 1982 as amended upto date.
(iv) any other financial matter which the Board may, by general or special order, direct to be referred to the Standing Finance Committee for its scrutiny, comments and expert advice.
32. Powers of the Standing Finance Committee : (1) The Standing Finance Committee shall advice the Board on all matters relating to receipts and expenditure of the Board wherever necessary,
(2) The Standing Finance Committee shall have the right to refer to the Board any matter having financial implication which in its opinion ought to be brought to the notice of the Board.
(3) The Standing Finance Committee shall scrutinise and supervise the preparation of the Budget of the Board, the compilation of the annual and other financial statements and the manner in which the accounts of the Board are maintained and make available to audit.
(4) The Standing Finance Committee have the right to record his view on proposals involving expenditure from the fund of the Board prior to the consideration and approval of such proposal by the Board wherever necessary, such as proposals for new schemes, creation of new posts and proposals involving expenditure of new posts, proposals involving expenditure of Five Thousand Rupees and above.
(5) The Standing Finance Committee shall have the right/authority to advice the Board that a particular decision affecting the general financial policy of the Government should be referred to the Government for consideration.
33. Meetings and the conduct of business : (1) The date, time and place of every meeting of the Standing Finance Committee fixed by the Chairman shall communicated by the Secretary to all members of the Committee, the Financial Adviser and the Chief Executive officer together with a list of business to be transacted at the meeting and no business which is not shown/ included in the list may be transacted except with the permission of the Chairman.
(2) Three members of the Standing Finance Committee shall form quorum for a meeting except at an adjourned meeting for which no quorum shall be necessary, if at any meeting there is no quorum, the Chairman of the person presiding at such meeting shall adjourn the meeting and fix any other time on the same day or another day for the adjourned meeting.
(3) The proceedings of the meeting of the Committee shall be recorded by the Secretary who shall also compile the minutes of each meeting and get them approved by the members present at the next meeting. Copies of the minutes thus approved shall be placed before the Board for information.
34. District Committee of the Board : As provided under section. 16, District Committee of the Board in each of the District of Mizoram shall be appointed by the Board consisting of five members shall be appointed by the Board from amongst the members of the Board. The Chairman and the Secretary for the committee shall ve appointed by the Board.
35. Function of the District Committee : the function of the District Committee shall be :
(1) to advise and assist the Board in the discharge of its function in the district.
(2) to advise the Board on the proposals of annual programme for the district.
(3) to watch the progress of disbursement of fund in the district.
(4) to study and evaluate the progress achieved in the district and
(5) any other function that mey assigned to it by the Board.
36. Meetings and the conduct of business of the District Committee : (1) the date, time and place of every meeting of the District Committee fixed by its Chairman shall be communicated to all members of the Committee by its Secretary, the Financial Adviser and the Chief Executive Officer together with list of business to be transacted and no business not shown/included in the list may be transacted except with the permission of the Chairman of the Committee, such meeting shall be called at least once in every three months.
(2) Three members of the Committee shall form a quorum for a meeting except at an adjourned meeting for which no quorum shall be necessary, if at any meeting there is no quorum, the Chairman or the Person presiding at such meeting shall adjourn the meeting and fix any other time on the same day or another day for the adjourned meeting.
(3) The proceedings of the meetings of the District Committee shall be recorded by its Secretary who shall also compile the minute of each meeting and get them approved by the members present at the next meeting.
(4) the minutes of the meetings of the District Committee shall be forwarded to the Board within a periods of one week from the date of the meeting.
37. Scheme : (1) Scheme for works of the Board with detailed estimate shall be prepared to cover all duties and function of the Board as prescribed in the Act.
(2) It shall be the Endeavour of the Board to improve the general economic condition of the people by making themselves self-sufficient through popularization, expansion, organization, improvement and regulation of Khadi & Village Industries amongst the community in general.
(3) It shall be the endeavor of the Board to help by providing them with works in their homes through Khadi & Village Industries and to render them help monetarily and by way of expert advice and guidance. For this purpose Board’s Officials should work in close collaboration with the Village Councils, Government Development departments and in particulars, the Industries department.
38. Loans, Grants and subsidies : The Board may frame its loan rules and determine the terms and conditions for issuing such loans to institution in the State keeping in view the terms and condition of loans taken by the Board from various sources.
39. Acquisition and transfer of properties : (1) For the purpose of carrying out its functions under this its Act, the Board shall acquire and hold such moveable and immoveable properties as it deems necessary and may lease, sell, mortgage or otherwise transfer any such property.
(2) Such transaction shall be made through an Officer of Office bearer of the Board dully authorized by the Board on this behalf and according to the decision taken by the Board.
CUSTODY OF MENEY REQUIRED FOR CURRENT EXPENDITURE OF THE BOARD AND INVESTMENT PF MONEY NOT SO REQUIRED
40. Deposit of Fund : the Board shall maintain Bank Accounts under two heads namely -
1) Government Grant and Loan.
2) Commission’s grant and loan
The Commission fund will be again sub-divided into two heads (a) Khadi and Amber Fund Account and (b) Village Industries Fund Account. All funds will be kept in the Mizoram Co-operative Apex Bank Limited or State Bank of India and their branches. All moneys of the Board, with the exception of petty cash shall be deposited in the respective fund account.
(3) The Board may authorize any Officers of the Board to maintain separate current account in the Mizoram Co-operative Apex Bank Ltd. or the State bank of India for depositing funds placed at his disposal in connection with the work of the Board and its centre.
(4) The petty cash required for making current expenditure shall be in custody of the Chief Executive office or an Officer nominated by him in writing in this behalf. The Board may decide the amount of petty cash thus maintained from time to time. The provision will be applicable to all other districts and regional and other institutions of the Board.
41. (1) Procedure of payments, deposits and investment on behalf of the Board : All payments other than payments relating to salaries, wages and allowances by or on behalf of the Board shall be made by cheques or drafts drawn against the current account of the Board. Payment in respect of individual claims not exceeding Rs. 200.00 or Rs.500.00 may however be made in cash. This provision will be applicable in all the institutions started directly by the Board.
(2) Drawing and signing of the cheques : All cheques shall be drawn against the current accounts of the Board and shall be signed by :-
(a) the Chief Executive officer when the value of the cheque does not exceed Rs. 5,000.00 and
(b) jointly the Chief Executive officer and Officer nominated by the Board when the value of cheque exceeds Rs. 5,000.00
(3) Placing of money belonging to the Board in fixed deposits and their investment or withdrawal in any other manner shall require approval of the Board or the Board or the Standing Finance Committee.
42. Maintenance of Account : (1) The Chief Executive Officer shall maintain or cause to be maintained the account of receipt and expenditure of the Board in the form to be prescribed by the Government.
(2) he shall be responsible for ensuring that no expenditure will be made from the fund of the Board unless provision for such expenditure has been made in budget and funds are made available for such expenditure.
(3) he shall prepare or cause to be prepared such statements accounts and records and subsidiary accounts and records as may be required by the Government or by the Board from time to time. He shall arrange to conduct necessary internal audit of expenditure made out of the funds of the Board in order to ensure that expenditure is incurred strictly according to rules and regulations under the Act and in accordance with the orders and instructions issued by the Board and other competent authorities from time to time.
(4) The title of the account of all subordinate Offices shall be in the name of centers to operated by the Officer-in-charge or any other Officer to be in-charge.
INSPECTION AD PERIODICAL RETURNS
43. Inspection : (1) The Office of the Board shall be inspected by the Secretary of the Chief Executive Office or any responsible Officer of the Board deputed in this behalf at least once in a year. Inspection note prepared on such inspection shall be placed before the Board.
(2) Secretary or the Chief Executive Officer shall arrange for periodical inspection at least once a quarter as well as supervise inspection of the various centers and organizations under the Board by deputing responsible Officer on this behalf and cause inspection notes to be submitted. Appropriate action shall then be taken on such inspection notes as directed by Chairman.
(3) Not withstanding anything contained in sub-regulation.
(4) the Chairman, the Secretary or the Chief Executive Officer of their own motion may personally hold such inspection of the Offices of the Board and various centers and organizations’ under the Board.
(5) officer-in-charge of centers under the Board shall furnish all information required by the inspecting officer. The Inspecting Officer shall verify cash balance, stocks and examine utilization of funds, etc.
44. Monthly and other periodical return : (1) A list of monthly and such other periodical returns which the Board is required to submit to the Government and the Commission showing the dates of submission against each of them shall be maintains in the head Office of the Board.
(2) The Secretary shall ensure that such monthly or periodical returns are submitted regularly in the proper form.
Mizoram Khadi and Village
Industries Board, Aizawl.