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THE HIMACHAL PRADESH KHADI AND VILLAGE INDUSTRIES
BOARD ACT, 1966
ARRANGEMENT OF SECTIONS
Sections :
CHAPTER-I
PRELIMINARY
1. Short tittle, extent and commencement.
2. Definitions.
CHAPTER I1
THE NIMACHAL BRADESH KHADI AND VILLAGE INDUSTRIES
BOARD
3. Establishment of the Board.
4. Constitution of the Board.
5. Vice-chairman.
6 . Secretary.
7. ~ e s i b a t i o nof office by members.
8. Vacancies etc, not to invalidate acts and proceedings of the Board
or any of its committees.
9. Temporary association of persons with the Board for particular
purposes.
10. Meetings of the Board.
11. Term of office and conditions of service of the Chairman, Vice-
Chairman, Secretary and other members.
12. Standing committees.
13. Officers and servants of the Board.
CHAPTER 111
FUNCTIONS AND POWERS OF THE BOARD
14. Functions of the Board.
15. Power of the Commission to give directions.
CHAPTER IV
PREPARATION AND SUBMISSION OF PROGRA??ME
16 Preparation and submission of programme.
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(ACT NO. 8 OF 1 9 6 6 ) ~
(Received the assent of the President of India on the 14th April,
1966 and was published in R.H.P. Extra., dated the 2nd June, 1966 p. 401 -
4 10)
Amended, repealed or otherwise affected by .-
(i) H.P. Act No. 5 of 1970, published in R.H.P. Extra., dated the
4th April, 1970, p.290-294.
(jib A . 8 . 1973, published in R.H.P. Extra dated the 20th January
1933, p. 91-1 12.
(iii) H.P. Act No. 22 of 19872, published in R.H.P. Extra., dated 1st
October, 1987, v. 1934.
Ana Act to provide for the establishment of Board for the development of
KRadi and village industries in the 3[snreas as comprised in
Nimachal Pradesh immediately before 1st November, 19651 and for
matters connected therewith.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Seventeenth Year of the Republic of India as follows :-
CHAPTER I
PRELIMINARY
1. Short title, extent. and commencement."(I) Thls Act may be called
the Himachal Pradesh Khadi and Village Industries Board Act, 1966.
(2) It extends4 to the whole s f th? [areas as comprised in Hirnachal
Pradesh immediately befcre 1st November, 19661.
1 For Statement of Objects snd Reasons see R H F Evira , dated 8th Febr uar-v, 1966,
p IS4
2 For Statement of C)bjects md Reasoris see R k i i'Extra, dated 10th October, 1'387,
p 1708
3. Subs vide A.O., 1973
4. The Act extended to the areas added to Hirnachal Pradesh under section 5 of the
I'unjah Re-organisation Act, 1966 by H.P. Act F h . 5 of 1970.
S Subs. vide A@.,1973..
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(b) "Board" means the Mimachal Pradesh Khadi and Village Industries
Board established under section 3;
(c) "Chairman" means the Chairman of the Board ;
(d) "Commission" means the Khadi and Village Industries
Comlnission established under section 4 of the Khadi and Village
Industries Commission Act, 1956 (6 1 of 1956);
(e) "Khadi" means any cloth woven on handlooms in India fiom
cotton, silk or woollen yarn hand-spun in India or fiom a mixture
of any two or ali of such yam ;
(f) "member" n-leans a member of the Board ;
(g) "prescribed" means prescribed by rules made under this Act;
(h) "regulations" means regulations made by the Board under this Act;
(i) "Vice-Chairman" means the Vice-Chairman of the Board ;
6) "village industries" means :-
(i) all or any of the industries specified in the schedule to the
Khadi and Village Industries Commission Act, 1956, (61 of
1956), and includes any other industry deemed to be specified
in ",he said schedule by virtue of section 3 of the said Act,and
(ii) any other industry notified as a village industry by the
4[Government of l-ilmachal Pradesh ] after consultation with
the i:ommission and the Board.
1. The Act ellibrced w.e.f,the 1st December, 1966, vide Not No. 9-17/61 -Ind.II, dated
29.1 1.1966 (appended).
2 Subs. for the word "Administrator" vide A.O.., 1973.
3. The definition of "Administrator" omitted by ibid.
4 Subs. for the word "Administrator" vide A.O.., 1973.
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CHAPTER 11
THE HIMACHAL PRADESH KHADI AND VILLAGE INDUSTRIES
BOARD
3. Establishment of the Board.- With effect from such date as I[the
Government of Himachal Pradesh], may, b notification in the Official Gazette,
2
fix in this behalf, there shall be established for the purposes of this Act a Board
to be called the Himachal Pradesh Khadi and Village Industries Board.
(2) The Board shall be a body corporate by the name aforesaid. having
perpetual succession and a common seal, with power to acquire, lzold and
dispose of property and to contract and may, by the said name sue ~ n be
d sued:
Provided that any lease, sale or the transfer to any perscn or arifnonty
other than the commission of any immovable property belonging t o ~ h eBoard
shall be null and void unless it is sanctioned by the 3[~overnrnentof Hlmachal
Pradesh 1.
4. Constitution of the Board.- ( I ) The Board shall consist of not less
than three and not more than nine members appointed by the 4 f ~ o v c n ~ m eofn t
Himachal Pradesh 1 after consultation with the Commission from among :-
(a) non-officials, who in the opinion of 5 [ ~ o v e m m e ~ofd Himachal
Pradesh] have shorn active interest in the production and
developn~entof Khadi and village industries; and
(b) officials
(2) The 6[~overnrnentof Himachal Pradesh] shall, a f l e ~consultation
with the Commission, nominate one of the members of the Board to be the
Chairman thereof.
(3) The Chairman shall exercise such powers and perform such duties
as may be prescribed.
5. Vice-Chairman .-The 7 [ ~ o v e m n ~ eof
n t Himaclai Pradesh ] may.
after consultation with the Commission, appoint from among the other members
not being officials, a Vice-Chairman who shall exercise such of the powers and
discharge such of the duties of the Chairman as may be prescribed or as may be
delegated to him by the Chaiman.
1. Subs. for the word "Administrator" vide A.O.., 1973.
2. For establishment of the Board, see No?. Appended.
3. Subs. for the word "Administrator" vide A.O..,1973.
4. Subs. for the word "Administrator" vide A.O.., 1973.
5. Subs. for the word "Admiristrator" vide A.O..,1973.
6. Subs. for the word "Administrator" vide A.O.., 1973.
7. Subs. for the word "Admhstrator" vide A.O..,1973.
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690 IP.P. ACTS, NOTIFICA TIOATS & RULES (H.l? CODE VOL. IV)
[(2) The State Government shall appoint a person, not being a member,
to be the Chief Executive Officer of the Board and he shall exercise such powers
'and duties as may be prescribed or as may, with the approval of the State
Government, be delegated to him by tbe Chairman.
(3) The State Government may, for the efficient performance of the
functions of the Board, appoint a person, not being a member, to be the
Executive Officer of the Board and he shall exercise such powers and duties as
may, with the approval of the State Government, be delegated to him by the
Chairman ; ]
(4) Subject to such rules as may be made by the 2[~overnmentof
Himachal Pradesh 3 in this behalf, the Board may appoint such other officers and
servants as it considers necessary for the efficient performance of its functions:
Provided that no person whose honorarium or the maximum salary
exceeds three hundred rupees per month shall be appointed by the Board except
with the previous approval of the 3[~overnmentof Himachal Pradesh 1.
CHAPTER PI1
FUNCTIONS AND POWERS OF THE BOARD
14. Functions of the Board.- (1) Subject to the provisions of this Act,
the functions of the Board shall generally be to plan , organise and implement
programmes for the development of Khadi and Village industries.
(2) In particular and without prejudice to the generality of the foregoing
provision the Board may take such steps as it thinks fit -
(a) to promote, encourage and assist in the development of khadi and
village industries and to carry on trade or business in the products
of such industries ;
(b) to provide work to persons who have been professionally engaged
in khadi and village industries ;
(c) to grant loans to individuals, societies or institutions engaged in
khadi and village industries on such terns as may be prescribed;
(d) to encourage establishment of co-operative societies in khadi and
village industries ;
(e) to conduct training centres with a view to impart the necessary
skill and knowledge for carrying on khadi and village industries;
-- -
1, For sub-section (2), the new sub-sections (2) &(3) subs. and existing sub-section (3)
re-numbered as sub-section (4) vide Act No. 22 of 1987.
2. Subs.for the words "Administrator" vide A.O., 1973.
3. Subs. for the word "Administrator" vide A.O.., 1973.
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- ~ - --
-- .
-
1. Subs. for the word "Administrator" vide A.O.., 1973.
2. Subs. for the word "Adnunistrator" vide A.O.., 1973.
3. Subs. for the word "Admimstrator" vide A.O.., 1973.
4. Subs. for the word ''Administrator" vide ,4.0., 1973.
5 Subs, for the word "Administrator" vide A.O.., 1973
6. Subs. for the word "Administrator" vide A.O.., 1973.
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(4) 'The auditors appointed under sub-sections (2) and (3) shall, in
relation to such audit, generally have such rights, privileges and authority as may
be prescribed and shall. in particular, have the rrght to demand the production
of books, accounts, vouchers and other documents in connection with the audit
and to inspect any of the offices of the Board.
(5) The accounts of the Board as certified by such auditors together with
the audit report thereon shall be forwarded annually to the l[Governmcr?t of
Himachal Pradesh] and the Commission before such date as the 2 [ ~ o p e m ~ ~ e n t
of Kmachal Pradesh] may specifj. in this behalf.
( 6 ) 'The Board shall comply wlth such directions as the 3 [ ~ o v e ~ n n ~ e n t
of Himachal Pradesh] may, 'after perusal of the reports of the auditors. think fit,
to issue.
MISCELLANEOUS
30. Members and servants of Board to be public servants.- Members
and officers and other employees 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
senants within the meaning of section 2 1 of the Ind~anPenal code, (45 of 1860).
specified in the notification and declare that the duties, powers and funct~onsof
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
notiiication :
Provided that the [Government of Himachal Pradesh] shall, before the
dissolving the Board, give a reasonable opportunity to it to show cause against
the peroposed action.
(2) The 2[~ovemmentof Himachal Pradesh] shall, before the expiration
of the period of dissolution, reconstitute the Board in accordance with the
provisions of this Act.
(3) The 3[~ovemmentof Himachal Pradesh] may make such incide~~tal
and consequential provisions as may appear to 4[it] to be necessary for giving
effect to the provisions of this section.
(4) Any notification issued or order made by the S[~overnmentof
Himachal Pradesh ] under this section shall be final and shall not be questioned
in any civil cburt.
(5) When the Board is dissolved under sub-section (I),-
(i) all members shall, from the date of dissolution, vacate their
offices as such members ;
(ii) all properties funds and dues which are vested in, or realisable
by, the Board shall, during the period of dissolution, vest in or
be realisable by the 6 [ ~ t a t eGovernment 1,
(iii) all claims and liabilities legally subsisting and enforceable by
or against the Board shall he enforceable as if those claims and
liabilities had been entertained or incurred, as the case may be,
in connection with the administration of the 7[areas as
comprised in Himachal Pradesh immediately before 1st Nov.
19661.
33. Recovery of arrears.- If any amount due to the Board in
accordance with the t m s 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 grnourit or sum as if it were an
arrear of land revenue.
34. Power to write off irrecoverable sums.- The Board shall be
competent to write off any sum due to it if such sum is: in its opinion,
irrecoverable :
Provided that -
(i) where the sum written off in favour of any one person exceeds
five hundred rupees; or
(ii) where the aggregate of the sums written off in a financial year
exceeds five thousand rupees ; the previous sanction of the
l [ G o v e m e n t of Himachal Pradesh] shall f ~ s be
t obtained.
35. Power to make rules.- ( 1 ) The 2[~overnmentof Hirnachal
Pradesh] 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
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 terms of office of, and the manner of filling casual vacancies
among the members and the terms and conditions of service of the
Chairman, vice-chairm&, the Secretary and the other members,
including the pay and allowances to be paid to them and the
travelling and daily allowances to be drawn by them ;
(c) the disqualifications for membership of the Board and the
procedure to be followed for removing a member who is or who
becomes subject to any disqualification;
(d) the powers and duties to be exercised and discharged by the
Chairman and the Vice-chairman ;
(e) the procedure to be followed in the performance of functions by
members ;
(f) the powers and duties to be exercised and discharged by the
Secretary, the Financial Adviser 3 [ ~ h i e fExecutive Officer] and
the Executive Officer of the Board.
(g) the conditions subject to which, and the mode in which, contracts
may be entered into by or on behalf of the Board ;
(See rule 20 )
--- -
Name of candidaten Counting of viidv6~p1,~J'' TOWvotes received by
G
ballot-wise
7
each candidate
8l
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Sections :
1. Short title and commencement.
2. Ameudrnent of section 13.
3. Amendment of section 35.
(Received the assent of the Governor, Himachal Pradesh. on the 26th Septem-
ber, 1987 and was published in R.H.P. Exlm., dated the 1st Octobcr, 1987 at
-_
page 1934)
I-.-I
I . For
+_- ---A --.--
Statement of obiwts and Rej/nonm See R.H-P, Extra., dated 10-9-1987, P. 1708.
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(2) It shall came into f o r e on such date as the State Gdvernmenb may,
by notification in the OBciaI Gazette, appoint.
2. Alne~rdtneritof sectior~13.-In section I3 of the Himacllal Pradesh Khadi
and ViUage Industries Board Act, 1966 (8 of 1966) (hereinafter called tlie
principal Act) :-
(rr) for sub-section (2), the followjng sub-sections (2) and (3) shall be
substituted, namely :-
'f(2) me State Government shall appoint a person, not being a member,
to be the Chief Executive Ofice r of the Board and he shaIl exercisc such
powers and duties as may br: prescribed or as may, with t h e approval
ofthe State Government. be delegated to him by the Chairman. .
(3) The Stato Govcrment. may, for the eficient performance of the
functions of the Board, appoint a person, not being a member, to be the
m ~ u t i v eOfficer of the Board and he shall exercise such powers and
duties as may, with the approval of tlie State Government, be delegated
to him by the Chairman;"and.
(b) the existing sub-section (3) shall be renumbered as sub-section (4).
3. Anetldtnetlf of seclion 35.-ln clause (j)
of sub-section (2) of section 35 of
the principal Act after the words "Financ~alAdvisor", the sign and words
'l, the Chief Executive 0Ricer "shall be inserted .
- _.I
NOTIHCATION
UNDER
THE HIMACHAL, PRADESH RRlSHX VISHVA VIDYALAYA ACT,
1978