Chapter VI MISCELLANEOUS

1. (1) The State Governemt may if it thinks fit give directions to the Board for carrying out execution of any of the provisions of the Act and the Board shall bound by such directions.
2. (2) Where the Board makes persistent default in complying with or in giving effect to any directions given to it by the State Government under sub-section (1), it shall be lawful for the State Government to dissolve the Board under section 38.

1. (1) Every member of the Board or its committee shall be personally liable for the loss, waste, or misapplication of any money or other property of the Board to which he has been party, or which has been caused or facilitated by his misconduct or gross neglect of his duty as a member.
2. (2) If after giving the member concerned a reasonable opportunity for showing cause to the contrary, an officer authorised by the State Government is satisfied that the loss, waste or misapplication of any money or other property of the Board is a direct consequence of misconduct or gross negligence on his part, the officer so authorised shall, by an order in writing, direct such member to pay to the Board before a fixed date, the amount required to be reimbursed to it for such loss, waste or misapplication.
3. (3) If the amount is not so paid, it shall be recovered as an arrears of land revenue and credited to the fund of the Board.
4. (4) Any person aggrieved by the decision or action of the officer so authorised may apply to the District Court within one month of the decision or action for redressal of his grievance and that court may, after taking such evidence as it thinks necessary, confirm, modify or remit the payment to the Board.

1. (1) Where, an officer authorised in this behalf by the State Government is of the opinion that any person, who in his capacity as a member, officer, employee or secretary of the Board had, in his custody, any record, money or other property belonging to the Board, is after his retirement, removal or suspension from office, as the case may be, not likely to deliver such record or property or pay such money, the officer may, by a written order, require that the record, property or money so detained, be delivered or paid to the Board forthwith.
2. (2) If any such person as aforesaid shall not deliver the record or the property or pay the money as directed, the officer so authorised may cause him to be apprehended and may send him with a warrant in such form as may be prescribed to be confined in a civil jail till he delivers the record or property or pays the money : Provided that no such person shall be so detained in confinement for a period longer than one calendar month.
3. (3) It shall be lawful for the officer so authorised-
   • (a) for recovering any such money to direct that such money be recovered as an arrears of land revenue and on such direction being given, such money shall be recoverable as an arrears of land revenue from such person;
   • (b) for recovering any such record or property to issue a search warrant and to exercise all such powers with respect thereto as may lawfully be exercised by the Magistrate under the provisions of Chapter VII of the Code of Criminal Procedure, 1973.
4. (4) No action under sub-section
5. (1) or
6. (2) shall be taken unless reasonable opportunity has been given to the person concerned to show cause why such action should not be taken against him.

Where any sum due to the Board in accordance with the terms of a contract or otherwise or any sum payable in connection therewith, has not been paid, such sum shall, without prejudice to any other remedy provided by law, be recoverable as an arrears of land revenue on a certificate in the prescribed form being issued by the Board to the Collector.

The Members of the Board or its Committee and officers and employees of the Board when acting or purporting to the act in pursuance of any of the provisions of this Act, rules or regulations made thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

No suit, prosecution or other legal proceedings shall lie against the Board or any member or officer or employee of the Board for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or any rules or regulations made thereunder.

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (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 emoluments of Chairman and members of the Board under section 4;
   • (b) the manner in which contracts shall be entered into under section 13;
   • (c) the functions of the Board under section 14 and terms and conditions for loan and monetary help and such form and such time for submission of annual programme;
   • (d) the other particulars of the annual programme under section 16;
   • (e) the form in which and the date before which the supplementary programme shall be submitted under section 18;
   • (f) the form in which and the date before which the supplementary budget shall be submitted under section 26;
   • (g) the manner in which the annual report shall be prepared and forwarded to the State Government under section 27;
   • (h) the manner of maintenance of accounts and preparation of anual statement of accounts under section 29;
     • (i) any other matter which is or may be prescribed under this Act.
3. (3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made, and shall be subject to rescission by the State Legislature or to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.
4. (4) Any rescissions or modifications so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect.

1. (1) The Board may, with the previous approval of the State Government by notification in the Official Gazette, make regulations consistent with this Act and the rules made thereunder, for enabling it to perform its functions under this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing provision, such regulations may provide for all or any of the following matters, namely :–
   • (a) the procedure and disposal of its business;
   • (b) remuneration, allowances and other conditions of service of officers and servants of the Board;
   • (c) functions and duties of the officers and servants of the Board;
   • (d) functions of committees and the procedure to be followed by such committees in the discharge of their functions.
3. (3) All regulations made under this section shall be laid before the State Legislature as soon as may be after they are made, and shall be subject to such rescission by the State Legislature or to such modifications as the State Legislature may make during the session in which they are laid, or the session immediately following.
4. (4) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect.

1. (1) If it appears to the State Government necessary or expedient that the Board should be reconstituted or reorganised in any manner whatsoever or that the Board may be dissolved, the State Government may, after consulting the Board, by an order published in the Official Gazette, provide for the reconstitution, reorganisation or dissolution of the Board with effect from such date as may be specified in the order.
2. (2) Any order made under sub-section (1), may, in particular, provide for all or any of the following matters, namely :–
   • (a) the dissolution of the Board ;
   • (b) the reconstitution or reorganisation, in any manner whatsoever, of the Board including the establishment, where necessary, of new Board ;
   • (c) the area in respect of which the reconstituted Board or new Board or amalgamated Board shall function or operate;
   • (d) the transfer, in whole or in part, of the assets, rights and liabilites of the Board (including the rights and liabilities under any contract made by it) and the terms and conditions of such transfer;
   • (e) the transfer or re-employment of any officer and employees of the Board to, or by, any such transferee and the terms and conditions of service applicable to such officers and employees after such transfer or re-employment; and
   • (f) such incidental consequential and supplementary matters as may be necessary for the reconstitution, reorganisation or dissolution of the Board.
3. (3) Where an order is made under this section transferring the assets, rights and liabilities of the Board, then, by virtue of that order, such assets, rights and liabilities of the Board shall vest in, and be the asset, rights and liabilities, of the transferee.
4. (4) Every order made under this section shall be laid before the State Legislature, as soon as may be, after it is made. Explanation.- For the purpose of this section, mere appointment of additional members in a Board shall not be deemed to be reconstitution or reorganisation of that Board.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of this Act.
2. (2) Every order made under sub-section
3. (1) shall be laid, as soon as may be, after it is made, before the State Legislature.

For the avoidance of doubt, it is hereby declared that nothing in this Act shall apply to or be deemed to apply to any industry, the control of which by the Union is declared by the Parliament by law to be expedient in the public interest.

1. (1) The Bombay Khadi and Village Industries Act, 1960, in its application to the State of Gujarat is hereby repealed : Provided that such repeal shall not affect the previous operation of the said Act or any right, title, obligation or liability already acquired, accrued or incurred thereunder and subject thereto, anything done or any action taken including any appointment, notification, notice, order, rule, form or certificate in exercise of any powers conferred by or under the said Act, shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken in exercise of the powers, conferred by or under the Act, as if this Act were in force on the date on which such thing was done or action was taken and all arrears of tax and other amount due at the commencement of this Act may be recovered as if they had accrued under this Act.
2. (2) Without prejudice to the provisions contained in sub-section
3. (2) and subject thereto, section 7 of the Bombay General Clauses Act, 1904 shall apply in relation to the repeal of the said Act as if the said Act had been enacted within the meaning of the said section 7.