Chapter IV MISCELLANEOUS

(1) All members, officers and other employees of the Commissionerate shall be deemed, when acting or purporting to act in pursuance of the provisions of this Act or any rule or regulation made thereunder, to be public servants within the meaning of Section 21 of the .Clause added by the Act No. 36 of 2008, S.2. .Substituted by the Act No. 5 of 1987, S.2. .Substituted by the Act No. 5 of 1987, S.3. .Provisos omitted by the Act No. 5 of 1987, S.3.

Indian Penal Code, 1860 and the

1[Prevention of Corruption Act, 1947] for the time being in force.

1. (2) The words "State Government" and "Government" in Section 161 of the Indian Penal Code shall for the purposes of sub-section (1) be deemed to include the Commissionerate.

(1) No suit or prosecution shall be entertained in any court against the Commissionerate or against any officer or servant of the Commissionerate or person acting under the order or direction of Commissionerate or any officers or servants of the Commissionerate for anything which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder. (2) No suit, prosecution or other legal proceedings shall lie against any officer or servant of the Commissionerate for any act done or purporting to be done under this Act or any rule or regulation made thereunder without previous sanction of the Commissionerate.

1. (2) No suit, prosecution or other legal proceedings shall lie against any officer or servant of the Commissionerate for any act done or purporting to be done under this Act or any rule or regulation made thereunder without previous sanction of the Commissionerate.

(1) The Commissionerate shall prepare an annual financial statement on or before such date as may be prescribed by the regulations, of the estimated capital and revenue receipts and expenditure for the ensuring year. (2) The said statement shall include a statement of salaries and allowances of members, officers and servants of the Commissionerate and of such other particulars as may be prescribed by the rules. (3) The Government shall, as soon as may be after receipt of the said statement, cause it to be laid on the Table of the Legislative Assembly of the State. (4) The Commissionerate shall take into consideration any comments made on the said statement in the Legislative Assembly of the State. (5) The Commissionerate may at any time during the year in respect of which a statement under sub-section (1) has been submitted, submit to the Government a supplementary statement, and all provisions of this section shall apply to such statements as they apply to the statement under the said sub- section.

1. (2) The said statement shall include a statement of salaries and allowances of members, officers and servants of the Commissionerate and of such other particulars as may be prescribed by the rules.
2. (3) The Government shall, as soon as may be after receipt of the said statement, cause it to be laid on the Table of the Legislative Assembly of the State.
3. (4) The Commissionerate shall take into consideration any comments made on the said statement in the Legislative Assembly of the State.
4. (5) The Commissionerate may at any time during the year in respect of which a statement under sub-section (1) has been submitted, submit to the Government a supplementary statement, and all provisions of this section shall apply to such statements as they apply to the statement under the said sub- section.

(1) The Government may, with the approval of the Legislative Assembly of the State, from time to time make subventions to the Commissionerate for the purposes of this Act on such terms and conditions as the Government may determine. (2) The Government may, from time to time advance, loans to the

1. (2) The Government may, from time to time advance, loans to the

Power of Commissionerate to borrow - (1) The Commissionerate may, from time to time, with the previous sanction of the Government and subject to the provisions of this Act, and to such conditions as may be prescribed borrow any sum required for the purposes of this Act.

1. (2) The Government may, for the purpose of this section, empower the Commissionerate to borrow by the issue of bonds or stocks or otherwise and to make arrangements with Bankers. .Now please refer to the provisions of the Prevention of Corruption Act, 1988 (Central Act No. 49 of 1988).
2. (3) The maximum amount which the Commissionerate may at any time raise as loan under sub-section (1) shall be ten crores of rupees unless the Government by notification fix higher maximum amount.
3. (4) Stocks issued by the Commissionerate under this section shall be issued, transferred, dealt with and redeemed in such manner as may be prescribed.

The Government may guarantee in such manner as they think fit the payment of the principal and interest of any loan proposed to be raised by the Commissionerate or of either the principal or the interest: Provided that the Government shall, so long as any such guarantees are inforce, lay before the Legislative Assembly of the State in every year during the budget session, a statement of the guarantees, if any given during the current financial year of the State, and an upto date account of the total sums, if any, which have been paid out of State revenues by reason of any such guarantees or paid into State revenues towards repayment of any money so paid.

Government which vest in the Commissionerate by virtue of the provisions of this Act, the Commissionerate shall pay interest on the cost of such assets at such rates as may, from time to time, be fixed by the Government in consultation with the Commissionerate and such interest shall be deemed to be a part of the expenditure of the Commissionerate.

accounts and other records in relation thereto be kept, including the proper system of internal check and prepare an annual statement of accounts, including the income and expenditure account and the balance sheet in such form as may be prescribed by regulations.

1. (2) The accounts of the Commissionerate shall be audited by such persons as may be appointed by the Government and any expenditure incurred in connection with such audit shall be payable by the Commissionerate to the Government.
2. (3) The person so appointed and any other person authorised by him in connection with the audit of the accounts of the Commissionerate shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of Government accounts and in particular shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers, and to inspect any of the offices of the Commissionerate.
3. (4) The accounts of the Commissionerate certified by the person so appointed or any other person authorised by him in this behalf together with the audit report thereon shall be forwarded annually to the Government and the Government may issue such instructions to the Commissionerate in respect thereof as they deem fit and the Commissionerate shall comply with such instructions.
4. (5) The Government, may cause the accounts of the Commissionerate together with the audit report thereon forwarded to them under sub-section (4) to be laid annually before the Legislative Assembly of the State.

Commissionerate -All orders and decisions of the Commissionerate shall be authenticated by the signature of the Commissioner or any other officer authorised by the Commissionerate in this behalf and all other instruments issued by the Commissionerate shall be authenticated by the signature of such

officer of the Commissionerate as may be authorised by the Commissionerate in this behalf.

1. (1) In the discharge of its functions under this Act, the Commissionerate shall be guided by such directions on questions of policy relating to State purposes or in case of any emergency as may be given to it by the Government. (2) If any dispute arises between the Government and the Commissionerate as to whether the question is or is not a question of policy relating to the State purposes, or whether an emergency has arisen the decision of the Government thereon shall be final. (3) The Commissionerate shall function under the general supervision of the Government and the Government shall have power to review the actions of the Commissionerate taken under this Act.

this Act, the Commissionerate shall be guided by such directions on questions of policy relating to State purposes or in case of any emergency as may be given to it by the Government.

1. (2) If any dispute arises between the Government and the Commissionerate as to whether the question is or is not a question of policy relating to the State purposes, or whether an emergency has arisen the decision of the Government thereon shall be final.
2. (3) The Commissionerate shall function under the general supervision of the Government and the Government shall have power to review the actions of the Commissionerate taken under this Act.

The Government shall have the right to cause an inspection to be made by such person or persons as they may direct of the affairs and properties of the Commissionerate, its buildings, laboratories, libraries, equipment maintained by the Dispensaries and Hospitals, Medical Institutions and also to cause an enquiry to be made into the matter connected with the Commissionerate. The Government shall in every case give notice to the Commissionerate of their intention to cause such inspection or enquiry to be made and the Commissionerate shall be entitled to be represented thereat.

rules for carrying out all or any of the purposes of this Act.

1. (2) Every rule made under this Act, shall, immediately after it is made, be laid before the Legislative Assembly of the State if it is in Session, and if it is not in Session in the Session immediately following for a total period of fourteen days which may be comprised in one Session or in two successive Sessions, and if, before the expiration of the Session in which it is so laid or the Session immediately following the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule, shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled 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.

The Commissionerate may with the previous approval of the Government, make regulations not inconsistent with this Act and the rules made thereunder to provide for all or any of the following matters, namely:- (a) the administration of the funds and other properties of the Commissionerate and the maintenance of its accounts; (b) the procedure to be followed at the meetings of the Commissionerate and the manner in which the Commissionerate shall conduct its meetings; (c) the duties of officers and employees of the Commissionerate and their salaries, allowances and other conditions of service; (d) the procedure to be followed by the Commissionerate in inviting, considering and accepting tenders; and (e) any other matter arising out of the Commissionerate function under this Act in which it is necessary or expedient to make regulations.

1. (a) the administration of the funds and other properties of the Commissionerate and the maintenance of its accounts;
2. (b) the procedure to be followed at the meetings of the Commissionerate and the manner in which the Commissionerate shall conduct its meetings;
3. (c) the duties of officers and employees of the Commissionerate and their salaries, allowances and other conditions of service;
4. (d) the procedure to be followed by the Commissionerate in inviting, considering and accepting tenders; and
5. (e) any other matter arising out of the Commissionerate function under this Act in which it is necessary or expedient to make regulations.