The Gujarat Tribal Development Corporation Act, 1972
Chapter VI MISCELLANEOUS.
Chapter VI MISCELLANEOUS.
20. Recovery of money due to Corporation.
(1) Where any amount is due to the Corporation from any person in respect of advances or other financial accommodation granted by it, such amount shall on a certificate being granted by the Executive Director in the prescribed form, be recoverable as arrears of land revenue by the Collector of the district, in which the person from whom the amount is due resides or carries on business or owns any property.
(2) Before issuing the certificate referred to in sub-section (1), the Executive Director shall make an application to such officer, as may be empowered by the State Government in this behalf and that officer shall, after giving an opportunity of being heard to the person concerned and after such further enquiry as he may consider necessary, by an order determine the amount due to the Corporation and communicate the same to the Executive Director.
(3) An appeal against an order passed by the officer empowered by the State Government under sub-section (2) shall lie within such period and to such authority as may be prescribed.
(4) The officer empowerd under sub-section (2) and the appellate authority shall follow such procedure as may be prescribed.
(5) The certificate issued by the Executive Director under sub-section (1) shall be final and conclusive and shall not be called in question before any authority or court.
(6) For the purpose of recovering any amount due to the Corporation in respect of a loan it shall not be necessary to proceed against the principal before proceeding against his surety.
Chapter VI MISCELLANEOUS.
21. Dissolution of Board.
(1) No provision of law other than this Act, relating to the winding up, dissolution or liquidation of the companies or corporations shall apply to the Corporation.
(2) The State Government may, if the Corporation exceeds its powers, or upon receipt of a report under section 19, call upon the Board to show cause why it should not be dissolved, and if no explanation is offered within the specified period, or if the State Government is not satisfied with the explanation, the State Government may dissolve the Board from such date as may be specified.
Chapter VI MISCELLANEOUS.
22. Consequences of dissolution of Board.
(1) When the Board is dissolved under section 21,—
(i) all directors shall, from the date of dissolution, vacate their offices;
(ii) all powers and Curies of the Board shall, during the period of dissolution, be exercised and performed by such person or persons as the State Government may appoint in this behalf ;
(iii) all funds and other property vested in the Corporation shall, during the period of dissolution, vest in the State Government.
(2) The State Government may reconstitute the Board after such period as it may think fit.
Chapter VI MISCELLANEOUS.
23. Protection of action taken on good faith
No suit or other legal proceeding shall lie against the Corporation or any director inducing the Executive Director, or any officer or other employee or any other person authorised by the Corporation to discharge any functions under this Act, for any loss or damage caused or likely to be caused by any thing which is in good faith done or intended to be done by him in pursuance of this Act.
Chapter VI MISCELLANEOUS.
24. Indemnity of directors.
(1) Every director shall be indemnified by the Corporation against all losses and expenses incurred by him in the discharge of his duties except such as are caused by his own wilful act or default.
(2) A director shall not be responsible for the acts of any other director, or for the acts of any officer or other employee of the Corporation or for any loss or expenses resulting to the Corporation by the insufficiency or deficiency of value of, or title to, any property or security acquired or taken on behalf of the Corporation in good faith, or by the insolvency or wrongful act of any debtor or any person under obligation to the Corporation or anything done in good faith, in the execution of the duties of his office or in relation thereto.
Chapter VI MISCELLANEOUS.
25. Power of Board to make regulations.
(1) The Board may make regulations not inconsistent with the provisions of this Act and rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matter, namely :—
(a) the times and places of meeting of the Board and the procedure to be followed in relation to such meeting including the quorum necessary for the transaction of business;
(b) duties which the Executive Director shall perform ;
(c) the duties, conduct, salaries, allowances and conditions of service of officers and other employees of the Corporation ;
(d) the delegation of powers and functions to the officers and other employees of the Corporation ;
(e) the establishment and maintenance of provident and other benefit funds for the officers and employees of the Corporation;
(f) any other matter which is, or may be, necessary for the efficient conduct of the affairs of the Corporation.
Chapter VI MISCELLANEOUS.
26. Power of State Government to make rules.
(1) The State Government may, by notification published in the Official Gazette, make rules to carry out all or any of the purposes of this Act.
(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 terms and conditions of service of the directors and the fees and allowances payable to them;
(b) the functions, in addition to those specified in sub-section (2) of section 16, to be discharged by the Corporation and the conditions and restrictions subject to which those functions shall be discharged;
(c) the form and manner in which accounts shall be maintained, and the balance-sheet and income and expenditure account shall be prepared;
(d) the form in which certificate shall be issued by the Executive Director, the period within which and the authority before whom an appeal shall be filed, and the procedure to be followed by the appellate authority under section 20 ;
(e) any other matter which is required to be or may be prescribed.
(3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be 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) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.
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