The Bombay State Scarcity Relief Fund Act, 1958 Complete Act - Bare Act

Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

Amended by Mah. 40 of 1963.

An Act to provide for the establishment and maintenance in the State of Bombay of a 2[Scarcity Relief Fund] for meeting expenditure on preventive and remedial measures connected with 3[scarcity] conditions or on relief of distress caused by serious drought, food or other natural calamities in the State.

WHEREAS in the pre-Reorganisation State of Bombay, excluding the transferred territories, and in the Vidarbha region and in the Saurashtra area of the State, the Bombay Famine Relief Fund Act, 1936, the Central Provinces and Berar Famine Relief Fund Act, 1937 and the Saurashtra Famine Relief

AND WHEREAS there is no corresponding law in force in the Hyderabad and Kutch areas of the State;

AND WHEREAS it is expedient to provide for the establishment and maintenance in the State of a common Fund called the 4 State Scarcity Relief Fund] for meeting expenditure on preventive and remedial measures connected with 3 conditions or on relief of distress caused by serious drought, flood or other natural calamities in any part of the State;

It is hereby enacted in the Ninth Year of the Republic of India as follows:-

(1) This Act may be called the Bombay State 5[Scarcity Relief Fund Act, 1958.

(2) It extends to the whole of the 6 of Maharashtra].

In this Act ˜Fund" means the 2[Maharashtra State 5[Scarcity] Relief Fund established and maintained under section 3

The State Government shall establish and maintain in and for the State of 1[Maharashtra] a Fund called "the 1[Maharashtra] State 2[Scarcity Relief Fund]".

The fund shall consist of:-

(1) the securities (including cash balances if any) mentioned in 3 [section 4A];

(2) the interest which may from time to time accrue on such securities;

(3) such other sums as the State Government may from time to time contribute to the Fund under sub-section (2) of section 7 or otherwise; and

(4) the interest which may from time to time, accrue on the securities in which the sums to the credit of the Fund may be invested or reinvested under section 6.

With effect from the commencement of this Act, such of the securities (including cash balances, if any) in the Famine Relief Funds established under the Bombay Famine Relief Act, 1936 and the Central Provinces and Berar Famine Relief Fund Act, 1937 as shall pass onto the State of Bombay under section 80 of the States Reorganisation Act, 1956 and all the securities (including cash balance, if any) in the Famine Relief Fund established under the Saurashtra Famine Relief Fund Act, 1951 shall be deemed to be transferred to, and to form part of, the 4 Fund established under this Act] and shall be held in or transferred to the name of the Secretary to the Government of Bombay, Famine Department, or such other Officer as the State Government may specify.

Such of the securities (including cash balances, if any) mentioned section 4 as may be determined under sub-section (2) of section 51 of the Bombay Reorganisation Act, 1960 shall be held in, or transferred to, the name of the Secretary to the Government of Maharashtra, Famine Department, or such other officer as the State Government may specify.]

The Fund shall not be expended except upon -

(1) the relief or 1[Scarcity] or

(2) the relief of distress caused by serious drought, flood or other natural calamities, in the 2[State of Maharashtra] or any part thereof

Provided that when the Fund exceeds such sum as the State Government may by order determine in this behalf, the State Government may utilise the excess to meet expenditure on any preventive or remedial measures in connection with 1[Scarcity] conditions in the 2[State of Maharashtra] or any part thereof; or for the grant of loans, to cultivators, either under the Land Improvement Loans Act 1883, or under the Agriculturists' Loans Act, 1884, or for relief purposes; or to meet irrecoverable balances of such loans.

The State Government shall, from time to time, invest or reinvest all sums to the credit of the Fund, which may not be immediately required for any of the purposes mentioned in section 5, in Government securities as defined in clause (2) of section 2 of the Public Debt Act, 1944 or in securities specified in clause (c) or (d) of section 20 of the Indian Trusts Act 1882, in the name of the Secretary to the 3[Government of Maharashtra], Finance Department, or such other officer as the State Government may specify:

Provided that the sums which stand invested in securities mentioned in section 4 at the commencement of this Act may continue to be so invested, notwithstanding that any such securities are not mentioned in this section, so long as the State Government does not think it fit to reinvest them under this section.

(I) The accounts of the Fund shall be made up at the end of each financial year, the securities belonging to the Fund being valued at their market value on the last day of such year.

(2) If the accounts so made up show that the balance in the Fund at the end of such year falls short of 1[such sum as the State Government may by order determine in this behalf], the deficiency shall be made up from the Consolidated Fund of the State:

Provided that if the deficiency 2[exceeds such sum as the State Government may by order determine in this behalf], it may be made up in annual instalments the amount of each instalment except the last being not 3[less than such sum.]

(3) Any expenditure incurred by the State Government under sub--section (2) shall be charged on the Consolidated Fund of the State.

8. Repeal and saving. - The Bombay Famine Relief Fund Act,1936, and the Central Provinces and Berar Famine Relief Fund Act, 1937, in their application to the State of Bombay and the Saurashtra Famine Relief Fund Act, 1951 are hereby repealed

Provided that such repeal shall not affect

(a) the previous operation of any Act so repealed; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under any of the Acts so, repealed; or

(c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation or liability as afore said;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced as if this Act had not been passed:

Provided further that anything done or any action taken under any of the Acts so repealed shall, so far as it is not inconsistent with this Act, be deemed to have been done or taken under the corresponding provision of this Act, as the said provision was in force in the relevant part of the State when such thing was done or such action was taken, and shall continue in force accordingly unless and until superseded by anything done or any action taken under this Act.