| WEST BENGAL KHADI AND VILLAGE INDUSTRIES BOARD ACT, 1959 |
| WEST BENGAL KHADI AND VILLAGE INDUSTRIES BOARD ACT, 1959 14 of 1959 29th October, 1959 An Act to provide for the establishment of a Board for the organisation, development and regulation of khadi industries and village industries in the State of West Bengal and certain matters connected therewith. WHEREAS it is expedient to provide for the establishment of a Board for the organisation, development and regulation of khadi industries and village industries in the State of West Bengal and certain matters connected therewith; It is hereby enacted as follows: Section 1 Short title, extent and commencement (1) This Act may be called the West Bengal Khadi and Village Industries Board Act, 1959. (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. Section 2 Definitions In this Act unless there is anything repugnant in the subject or context, (a) "the Board" means the West Bengal Khadi and Village Industries Board established under section 3; (aa) "Co-operative Society" shall have the same meaning as in the west Bengal Co-operative Societies Act, 1973; (b) "khadi" means any cloth, woven on handlooms in India from cotton, silk or woollen yarn hand-spun in India or from a mixture of any two or all of such yarns; 22. Clause (bb) ins. by W. B. Act 35 of 1983. (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) "prescribed" means prescribed by rules made under this Act; 33. Clause (d) subs. by W.B. Act 35 of 1983, which was earlier as under: '(d) "village industries" means the industries specified in the Schedule and includes such other industries as the State Government may, from time to time, by notification in the Official Gazette, specify in this behalf in consultation with the Boar\d.'. (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; 44. Clause (e) ins. by W.B. Act 35 of 1983. (e) "Year" means a financial year. Section 3 Establishment of the Board (1) As soon as may be, after the commencement of this Act, a Board, to be called the West Bengal Khadi and Village Industries Board, shall be established by the State Government for the purposes of this Act. (2) The Board shall be a body corporate having perpetual succession and a common seal and may, by the said name, sue and be sued. Section 4 Constitution of the Board 55. Sec. 4 subs. by W.B. Act 35 of 1983 which was earlier as under:....."4. Constitution of the Board (1) The Board shall consist of such number of members not exceeding fifteen, as the State Government may, by notification in the Official Gazette, appoint, of whom (a) one shall be the Development Commissioner, Government of West Bengal, or his nominee; (b) not more than five shall be persons actively engaged for not less than live years in the work of khadi organisations recognised by the Khadi and Village Industries Commission; and (c) not more than five shall be persons having practical experience of or actively engaged in any village industry. (2) One of the members of the Board shall be appointed by that State Government as the Chairman or 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 shall, after consultation with the Board, appoint a member of the Board other than the Chairman to be the Secretary of the Board.". (1) The Board shall consist of such, number of 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 or 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 one 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. Section 4A Disqualification to become a member of the Board 66. Sec. 4A ins. by W.B. Act 35 of 1983. A person shall not be qualified to be a member of the Board if he is a member of a Co-operative Society or a Registered Institution who 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. Section 5 Officers of the Board 77. Sec. 5 subs. by W.B. Act 35 of 1983, which was earlier as under: "5. Executive Officer of the Board. The State Government shall in consultation with the Board appoint a person not being a member of the Board to be the Executive Officer of the Board.". The State Government shall, in consultation with 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 not 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 wholetime employees of the Board. Section 6 Terms and conditions of office of the officers and members of the Board (1) The terms and conditions of the office of the Chairman, the Vice-Chairman, other members of the Board, and of the Chief Executive Officer, the Secretary, 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-offical members of the Board shall be paid such honorarium and allowances from the funds of the Board as may be prescribed. Section 7 Resignation The Chairman or any other member of the Board may resign his office by giving notice in writing to the State Government and shall, on such resignation being notified in the Official Gazette by the State Government, be deemed to have vacated his office on and from the date on which the resignation is so notified. Section 8 Casual vacancies and savings as to proceedings of the Board (1) Casual vacancies among the members of the Board shall be filled up by the State Government by appointment of new members: 99. Proviso subs, by W.B. Act 35 of 1983, which was earlier as under: "Provided that where a casual vacancy arises among the members belonging to the class referred to in clause (b) or clause (c) of sub-section (1) of section 4, the new member to be appointed shall belong to that class.". 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. (2) No act or proceeding of the Board shall be deemed to be invalid merely by reason of the existence of any vacancy in the Board or any defect or irregularity in the appointment of any member or in the constitution of the Board. Section 9 Appointment of other officers and employees of the Board (1) Subject to such rules as may be made under this Act, the Board may appoint such other officers and employees as it considers necessary for the efficient performances 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 D 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. Section 10 Transfer of rights and liabilities of the State Government to the Board (1) On the establishment of the Board the State Government may, by notification in the Offical Gazette, transfer to the Board the rights and liabilities of the State Government in relation to such khadi industries or village industries as may be specified in the notification. (2) On the issue of a notification under sub-section (1) all liabilities incurred, all contracts executed and all matters and things engaged to be done by the State Government at any time before and up to the date of publication of the notification, in connection with the organisation, development or regulation of the khadi industries or the village industries specified in the notification, shall, on and from the date of publication of the notification, be deemed to have been incurred, executed or engaged to be done by the Board, and in all suits and other legal proceedings instituted by or against the State Government in connection with the aforesiad industries before and up to the date of publication of the notification, the Board, shall, on and from such date, be deemed to be substituted for the State Government. Section 11 Meetings of the Board (1) The Board shall meet at such times and places and shall, subject to the provisions of sub-sections (2) and (3), observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations made by the Board under this Act: Provided that the Board shall meet 1111. Words subs, for the words "at least once in every three months" by W.B. Act 35 of 1983. [once in every two months]. (2) The Chairman, or, in his absence, any member chosen by the members present from amongst themselves shall preside at a meeting of the Board. (3) All questions at a meeting of the Board shall be decided by a majority of the votes of the members present and in the case of equality of votes, the Chairman, or, in his absence, the person presiding, shall have a second or casting vote. Section 11A State Government may depute officers in the meetings of the Board 1212. Sec. 11A ins. by W.B. Act 35 of 1983. The State Government may depute one or more of its officers to attend the meetings of the Board and to take part in the proceedings thereof, but he or they shall have no right to vote in such meetings. Section 12 Functions of the Board (1) The Board shall generally organise, develop and regulate khadi industries and village industries and discharge such other duties and perform such other functions as the State Government may direct for the purpose of carrying out the objects of this Act, but it will not be a trading corporation 1313. Words ins. by W.B. Act 35 of 1983. [except to the extent necessary for carrying out the objects of this Act, particularly relating to promotion and development]. (2) In particular and without prejudice to the generality of the foregoing provisions, the Board may take such steps as it may think fit to (a) establish, encourge, assist and carry on khadi industries and village industries; (b) help the people 1414. Words ins. by W.B. Act 35 of 1983. [individually or collectively] by providing them with work in connection with the industries established or carried on by it, which they can perform in their homes, and give them such financial assistance as they may need for such work; (c) encourage the establishment of Co-operative Societies for khadi industries and village industries; (d) maintain training centres and train people at such centres or "arrange for their training at centres outside the State of West Bengal with a view to equip them with necessary knowledge for establishing or carrying on khadi industries and village industries; (e) arrange for providing raw materials, tools and implements to persons engaged in khadi industries and village industries and for the sale of the finished products of such industries; (f) arrange for giving publicity to, and popularising, the finished products of khadi industries and village industries by opening stores, shops and emporiums or organising exhibitions; (g) educate the public and impress upon them the advantages of patronising the products of khadi industries and village industries; (h) conduct or encourage research work in connecetion with khadi industries and village industries; (i) maintain or assist in the maintenance of institutions for the development of khadi industries and village industriesl; 1515. Clauses (j) and (k) ins. by W.B. Act 35 of 1983. (j) manufacture tools and implements required for the development of Khadi and Village Industries and the finished products of such industries; 1515. Clauses (j) and (k) ins. by W.B. Act 35 of 1983. (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. Section 13 General powers of the Board The Board shall, for the purpose of carrying out its functions under this Act, have the following powers, namely: (a) to acquire and hold such movable and immovable property as it deems necessary and to lease, sell or otherwise transfer any such property: Provided that in the case of immovable property such powers shall not be exercised without the previous sanction of the State Government: 1616. Proviso ins. by W.B. Act 35 of 1983. 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 be necessary. (b) to incur expenditure in discharging its functions under this Act; (c) to enter into any contract and to do all things necessary for the purposes of this Act; (d) to write off losses subject to such conditions as may be prescribed. Section 14 Special powers of the Board to grant loans and advance grants The Board may, for the purpose of effectively carrying out its functions under this Act, (a) advance loans on such terms and conditions as may be prescribed, and (b) make grants for the executive of specific schemes. Section 14A Power to delegate 1717. Sec. 14A ins. by W.B. Act 21 of 1979. (1) The Board may by resolution delegate, with the previous approval of the State Government, all or any of its powers under this Act (except the power to make regulations) to the District Industries Centres or to such agencies as the Board may specify in this behalf for efficient implementation of the purposes of this Act. (2) The District Industries Centres or the agencies referred to in subsection (1) shall, for the promotion of khadi and village industries under this Act, be entitled to such co-operation of the Board and such assistance of its employees as they may require. Section 14B Constitution of standing finance committee and other committees and electing their members 1818. Sec. 14B ins. by W.B. Act 35 of 1983. For the purpose of effectively carrying 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 coopt persons not exceeding two, having special knowledge in Khadi or Village Industries in each such committee. Section 15 Annual programme of the Board (1) In each year, by such date and in such form as may be prescribed, the Board shall prepare and forward to the State Government a programme of the work it proposes to undertake or continue during the following year in the discharge of its functions referred to in section 12 together with a Schedule of the staff of officers and servants already employed and to be employed in the following year by the Board. (2) The programme shall contain (a) particulars of any scheme or any work which the Board proposes to execute during the following year; (b) particulars of any undertaking which the Board proposes to organise during the following year; (c) such other particulars as may be prescribed. (3) The State Government may sanction the programme and the Schedule of staff of officers and servants with such modification as it deems fit. Section 16 Supplementary porgramme The Board may in any year prepare and forward to the State Government for its sanction a supplementary programme in such from and by such date as may be prescribed and the provisions of sub-section (3) of section 15 shall apply to such supplementary programme. Section 17 Budget (1) The Board may in each year, by such date and in such form as may be prescribed, prepare and submit to the State Government for its approval two separate budgets for the following year to be called the Khadi Budget and the Village Industries Budget showing the estimated receipt and expenditure in respect of khadi industries and village industries, respectively, during that year. (2) The State Government may sanction the budgets submitted to it with such modification as it thinks fit. Section 18 Supplementary budget The Board may in any year submit to the State Government for its sanction a supplementary budgets in such form and by such date as may be prescribed and the provisions of sub-section (2) of section 17 shall apply to such supplementary budget. Section 19 Restrictions as to expenditure (1) Subject to the provisions of sub-sections (2) and (3), no sum shall be expended by or on behalf of the Board unless the expenditure is covered by a specific provision in the budget sanctioned by the State Government. (2) The Board may, within such limits and subject to such conditions as may be prescribed, sanction any reappropriation from one head of expenditure to another or from the provision made for one scheme to the provision made for another. (3) Notwithstanding anything contained in sub-section (2), no reappropriation (a) from the Khadi Budget to the Village Industries Budget or from the Village Industries Budget to the Khadi Budget, or (b) from the head "loan" to another head of expenditure or from another head of expenditure to the head "loan" in either budget, shall be sanctioned by the Board without the previous approval of the State Government. Section 20 Transfer of property The State Government may transfer to the Board, buildings, land or any other property movable or immovable for the use of, and management by, the Board for the purposes of this Act on such terms and conditions as the State Government may impose. Section 21 Funds of the Board (1) The Board shall have two separate funds to be called "the Khadi Fund" and "the Village Industries Fund" and all grants and advances made to the funds, from time to time, by the State Government for the purpose of organisation, development or regulation of khadi industries or village industries and all other receipts of the Board shall be credited to the Khadi Fund or the Village Industries Fund, as the case may be, and all payments by the Board in respect of khadi industries or village industries shall be made from the appropriate fund. (2) All monies belonging to the Board shall be deposited in such custody and in such manner as the State Government may, by special or general order, direct. (3) The accounts of the Board shall be operated, either jointly or severally as the Board may direct by order made in this behalf, by the Secretary and such other officer or officers of the Board as it may authorise. Section 22 Grants and loans to the Board 1919. Sub-sec. (1) subs. by W.B. Act 35 of 1983, which was earlier as under: "(1) The State Government may, from time to time, make grants and advance loans, to the Board for the purposes of this Act on such terms and conditions as the State Government may determine in each case.'. (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. (2) Subject to the provisions of this Act and the rules made thereunder, the Board may borrow any sum required for the purposes of this Act. (3) The Board may accept grants, subventions, donations or gifts from the Government or a local authority or any individual for all or any of the purposes of this Act. Section 23 Application of funds and properties All properties, funds and other assets of the Board shall be held and applied by it subject to the provisions of, and for the purposes of, this Act and not otherwise. Section 24 Accounts and audit (1) The accounts of the Board shall be maintained and an annual statement of accounts shall be prepared in such form and manner as may be prescribed. (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. Section 25 Loans and unutilised grants by the Board to be recoverable as public demand 2121.Sec. 25 subs. by W.B. Act 35 of 1983, which was earlier as under "25. Loans and unutilised grants by the Board to be recoverable as public demands. Subject to such rules as may be made under this Act (a) any loan advanced by the Board under this Act, including any interest chargeable thereon, or (b) any grant made by the Board under this Act or any part thereof, which remains unutilised for the purpose for which the grant is made, shall be recoverable as a public demand.". Any sum payable to the Board either in the form of loan or grant with any interest chargeable 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. Section 26 Annual report 2222. Words subs. for the words "Within three months" by W.B. Act 35 of 1983. [Within six months] of the end of every year, the Board shall prepare and forward to the State Government in such form and manner as may be prescribed, an annual report giving a complete account of its activities during such year. (2) A copy of every report forwarded to the State Government under subsection (1) shall, as soon thereafter as possible, be laid before the State Legislature. Section 27 Further report The Board shall, by such date, at such intervals and in such form and manner as may be prescribed, submit to the State Government such further report containing such particulars as may be prescribed. Section 28 Directions by the State Government and advice and guidance of experts (1) In the discharge of its functions under this Act the Board shall be guided by such directions on questions of policy as may be given to it from time to time by the State Government. Explanation. If any question arises whether a question is a question of policy or not, the decision of the State Government shall be final. (2) Subject to any direction of the State Government, the Board may seek and obtain the guidance and advice of experts in khadi industries and village industries for performing its functions under this Act. Section 29 Members, officers and servants of the Board to be public servants Members, officers and servants of the Board shall, when acting or purporting to act in pursuance of any provisions of this Act, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. Section 29A Void resolution 2323. Sec. 29A ins. by W.B. Act 35 of 1983. 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 of no effect. Section 30 Indemnity No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder. Section 31 Dissolution of the Board (1) If at any time the State Government is satisfied, 2424. Words "after giving the Board an opportunity of representing its case" om. by W.B. Act 35 of 1983. * * * * * * that (a) the Board has, without reasonable cause or excuse, made default in the performance of its duties or in the discharge of its functions, or exceeded or abused its powers, or (b) circumstances have arisen due to which the Board is or may be rendered unable to discharge its function under this Act, or (c) it is otherwise expedient or necessary to dissolve the Board, the State Government may, by notification in the Official Gazette, make an order 2525. Words ins. by W.B. Act 35 of 1983. [stating the reasons therefor] dissolving the Board on and from such date and for such period as may be specified in the order and declaring that the duties, functions and powers of the Board shall, during the period of dissolution, be performed, discharged and exercised by such person or authority as may be specified in the order. (2) If in any case, the State Government so thinks fit, it may, by notification in the Official Gazette, make an order extending the period of dissolution of the Board. (3) On the dissolution of the Board under this section, suits, prosecutions and other legal proceedings for or against the Board shall, during the period of dissolution be instituted, defended or continued by the person or authority specified in the order under sub-section (1) in the name of the Board in like manner as immediately before the dissolution of the Board. (4) The State Government shall, before the expiration of the period of dissolution, reconstitute the Board in accordance with the provisions of section 4. (5)The state Government may make such incidental or consequential order or orders as may appear to it to be necessary for giving effect to the order made under sub-section (1). (6) No suit shall lie against the State Government for any order made by it under this section. Section 31A Vesting of assets and liabilities of the Board after its dissolution 2626. Sec. 31A ins. by W.B. Act 35 of 1983. On dissolution of the Board, its assets and liabilities shall vest in the State Government. Section 32 Power to make rules (1) The State Government may, by notification in the Official Gazette, make rules to give effect to the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters namely: (a) the terms and conditions of office of the Chairman, the Secretary and the other members, and of the Executive Officer, of the Board including the salaries, honoraria and allowances to be paid to them; (b) disqualification for membership of the Board and the procedure to be followed in removing a member who is or has been subject to any disqualification; (c) the procedure to be followed by the Board in the discharge of its functions under this Act; (d) the powers to be exercised and the duties to be performed by the Secretary and the Executive Officer of the Board; (e) the procedure to be followed and the conditions to be observed by the Board in borrowing money, advancing loans and making grants; (f) the conditions subject to which and the mode in which contracts may be entered into by or on behalf of the Board; (g) any other matter which is required to be or may be prescribed or provided for by rules. Section 33 Power to make regulations (1) The Board may, with the previous sanction of the State Government, by notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act or of the rules made thereunder for enabling it to discharge its functions under this Act. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: (a) the terms and conditions of appointment and service and the salaries and allowances of officers and 2727. Word subs. for the word "servants" by W.B. Act 35 of 1983. [employees] of the Board, other than the Secretary and the Executive Officer of the Board; (b) the time and the place of meetings of the Board, the procedure to be followed in regard to transaction of business at such meetings and the quorum necessary for transaction of business; (c) the delegation of powers and duties of the Board to the Secretary or the Executive Officer or any other employee of the Board; (d) the maintenance of minutes and proceedings of the meetings of the Board and the transmission of copies thereof to be State Government; (e) the persons by whom payments, deposits and investments may be made on behalf of the Board; (f) subject to the provision of sub-section (2) of section 21, the custody of monies required for the current expenditure of the Board and investment of monies not so required. SCHEDULE 1 Bee-keeping. Cottage match industry. Cottage pottery industry. Cottage soap industry (using non-edible oil). Flying, curing and tanning of hides and skins and ancillary industries connected with the same and cottage leather industry. Ghani oil industry. Handmade paper. Manufacture of cane gur and khandsari. Palm gur making and the palm products industry. Processing of cereals and pulses. Blacksmithy. Carpentry. Fibre (other than coir). Cane and bamboo industry. Lime manufacturing industry. Manufacture and use of manure and methane gas from cowdung and other waste products. Fruit processing and preservation industry. Manufacture of shellac. Collection of forest plants and fruits for medical purposes. Manufacture of household utensils in Aluminium. Manufacture of Gum and resins. Manufacture of Poly Vastra. Manufacture of Lok Vastra. |
| West Bengal State Acts |