Chapter V MISCELLANEOUS

Transitional provisions - All debts or expenditure incurred, all contracts entered into, and all matters and things done, by the State Khadi and Village Industries Board established under G.O.Ms.No.1216, Home (NES), dated the 19th July, 1954, upto the date of the establishment of the Board in accordance with the provisions of this Act shall be deemed to have been incurred, entered into or done by the Board, and all suits and legal proceedings instituted or which may be instituted by or against the State Khadi and Village Industries Board aforesaid shall be continued or instituted by or against the Board.

Members, officers and employees of the Board to be public servants - All members, officers and employees of the Board when acting or purporting to act in pursuance of any of the provisions of this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860).

Bar of certain proceedings -

1. (1) No suit, prosecution or other legal proceedings shall lie against any person in the employment of the Board for anything which is in good faith done or purported to be done under this Act.
2. (2) Save as otherwise provided in this Act no suit or other legal proceedings shall lie against the Board for any damage caused or likely to be caused by anything in good faith done or purported to be done under this Act.

Revision -

1. (1) The Government may, either suo motu or on application, call for and examine the record of the Board in respect of any decision or proceeding taken or order passed under this Act to satisfy themselves as to the correctness or regularity or legality or propriety of such decision or proceeding or order taken or passed and if in any case it appears to the Government that such decision, proceeding or order should be modified, annulled, reversed or remitted for reconsideration, they may pass an order accordingly: Provided that every application to the Government for the exercise of the power under this section shall be preferred within ninety days from the date on which the decision, proceeding or order to which an application relates was communicated to the applicant: Provided further that the Government shall not pass any order adversely affecting any person unless such person has been given an opportunity of making his representation.
2. (2) The Government may stay the execution of any such decision, proceeding or order pending the exercise of their powers under sub-section (1) in respect thereof.

Power to make rules -

1. (1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act.
2. (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 manner of filling casual vacancies among the members of the Board [xxx] and the terms and conditions of service of the Chairman, [the Vice-Chairman] and other members of the Board [xxx] including the salaries or honoraria and the allowances to be paid to them and the travelling and daily allowances to be drawn by them when they are on tour;
   • (b) the disqualifications for [membership of the Board [xxx]] and the procedure to be followed in removing a member who is or becomes subject to any disqualification including the procedure to be followed for suspending a member pending enquiry as to his disqualification;
   • (c) the procedure to be followed for placing the Board in possession of funds;
   • (d) the procedure to be followed and the conditions to be observed in borrowing moneys or in granting loans;
   • (e) the conditions subject to which, and the mode in which, contracts may be entered into by or on behalf of the Board;
   • (f) the conditions subject to which movable or immovable property may be acquired by the Board or any immovable property belonging to it may be transferred by sale, lease or otherwise, the conditions subject to which any movable or immovable property belonging to the Government may be transferred to the Board for its use and management for the purposes of this Act;
   • (g) any other matter which has to be, or may be, prescribed.
3. (3) All rules made under this section shall be laid on the table of the Legislative Assembly as soon as possible after they are made and shall be subject to such modifications, whether by way of repeal or amendment, as that Assembly may make within fourteen days thereafter during the session in which they are so laid.

Power to make regulations -

1. (1) The Board may, with the previous sanction of the Government, by notification, make regulations, not inconsistent with this Act and the rules made thereunder, [for enabling the Board to discharge its functions under this Act].
2. (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 scales of pay of the Chief Executive Officer and other officers and servants of the Board [XXXX], including payment of travelling and daily allowances in respect of journeys undertaken by such officers and servants for the purposes of this Act;
   • (b) the time and place of [meetings of the Board [XXXX]] the procedure to be followed in regard to transaction of business at such meetings and the quorum necessary for the transaction of such business at a meeting;
   • (c) [the delegation of powers and duties of the Board to the standing finance committee], the Chief Executive Officer or any employee of the Board;
   • (d) the maintenance of minutes of [meetings of the Board [XXXX]] and the transmission of copies thereof to the Government;
   • (e) the persons by whom, and the manner in which, payments, deposits and investments may be made on behalf of the Board;
   • (f) the custody of moneys required for the current expenditure of the Board and the investment of moneys not so required;
   • (g) the form in which and the scale of fees to be levied for granting the certificates of genuineness of khadi and products of village industries may be granted by the Board, and the procedure for the grant of such certificates.
3. (3) the Government may, by notification, modify or rescind any regulation made and there upon the regulation shall stand modified accordingly or shall cease to have effect, as the case may be.

Repeal -

1. (1) The Hyderabad Khadi and Village Industries Board Act, 1955 (Hyderabad Act XII of 1955) shall, in its application to this State, stand repealed with effect from the date appointed in the notification issued under sub-section (3) of section 1.
2. (2) The Andhra Pradesh Khadi and Village Industries Board Ordinance, 1958 (Andhra Pradesh Ordinance III of 1958), is hereby repealed.