Act Info:
Members of the Board and members of the staff of the Board shall be deemed when acting or purporting to act in pursuance of any of the provisions of this Act to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act XLV of 1860).
Section 30 - Protection of action taken under this Act
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or purported to be done under this Act.
Section 30A - Dissolution of the Board
1[30A. Dissolution of the Board
(1) The State Government may, by notification in the official Gazette, declare that with effect from such date as may be specified in the notification, the Board shall be dissolved and thereupon the Board shall be deemed to be dissolved and accordingly the Board and any committee constituted by the Board shall cease to function.
(2) On and from the said date,--
(a) all properties and funds which immediately before the said date were in possession of the Board for the purpose of this Act shall vest in the State Government;
(b) all members shall vacate office as members of the Board; and
(c) all rights, obligations and liabilities (including any liabilities under any contract) of the Board shall become the rights, obligations and liabilities of the State Government.]
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1. Section 30A Inserted by Act 9 of 1973 w.e.f. 8.5.1973.
Section 31 - Rules
(1) The State Government may, by notification in the 1 [Karnataka Gazette], make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers such rules may provide for all or any of the following matters, namely:-
2 [(a) the term of office and the terms and conditions of service of the Chairman and other members of the Board under section 4;]
(b) the manner and form in which contracts shall be entered into under section 12;
(c) the functions of the Board under section 13;
(d) the other particulars of the programme under section 15;
(e) the form in which and the date before which the supplementary programme shall be submitted under section 17;
(f) the form in which and the date before which the supplementary budget shall be submitted under section 25;
(g) the manner in which the annual report shall be prepared and forwarded to the State Government under section 26;
(h) the manner of maintenance of accounts and preparation of annual statement of accounts under section 28;
(i) remuneration, allowances and other conditions of service of members of the staff of the Board and the 3 [functions of 4 [the Chief Executive Officer and the Financial Adviser and Chief Accounts Officer]] of the Board;
(j) any other matter which is or may be prescribed under this Act.
5 [(2A) A rule under this Act may be made with retrospective effect and when such a rule is made the reasons for making the rule shall be specified in a statement laid before both the Houses of the State Legislature. Subject to any modification made under sub-section (3), every rule made under this Act shall have effect as if enacted in this Act.]
6 [(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
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1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
2. Substituted by Act 16 of 1978 w.e.f. 11.5.1978.
3. Substituted by Act 9 of 1973 w.e.f. 8.5.1973.
4. Substituted by Act 8 of 1985 w.e.f. 1.6.1984.
5. Inserted by Act 21 of 1983 w.e.f. 8.7.1983.
6. Inserted by Act 9 of 1973 w.e.f. 8.5.1973.
Section 32 - Regulations
(1) The Board may, with the previous sanction of the State Government, make regulations by notification in the1[Karnataka Gazette], consistent with this Act and the rules made thereunder.
(2) In particular and without prejudice to the generality of the foregoing power the Board may make regulations providing for:--
(a) the procedure and disposal of its business;
(b) functions and duties of the members of the staff of the Board;
(c) functions of the committees and the procedure to be followed by such committees in the discharge of their functions;
(d) conditions subject to which the Board may discharge or perform duties under sub-section (2) of section 13.
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1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
Section 33 - Amendment of Schedule
(1) The State Government may, by notification in the1[Karnataka Gazette], modify the Schedule to this Act by addition thereto or omission therefrom of any industry.
(2) Every notification under sub-section (1) shall be laid as soon as may be after it is issued before each House of the State Legislature while it is in session, for a total period of one month which may be comprised in one session or in two or more sessions and if before the expiry of that period, either House of the State Legislature makes any modification in the notification or directs that the notification shall not have effect and if the modification or direction is agreed to by the other House, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be.
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1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
Section 34 - Saving
Nothing in this Act shall be deemed to apply to any industry declared to be scheduled industry under the Industries (Development and Regulation) Act, 1951 (Central Act LXV of 1951) or to affect any of the provisions of the said Act.
Section 35 - Omitted
35.1[Omitted]
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1. Omitted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.