Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of

Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated th July, 1998, pp. 2726 and 2730.

4 THE HIMACHAL PRADESH SCHEDULED CASTES AND SCHEDULED TRIBES

DEVELOPMENT CORPORATION ACT, 1979

7. H.P. Act No. 11 of 2008 assented to by the Governor on the 6 th

June, 2008, published in Hindi and English in the Rajpatra, Himachal Pradesh, dated 9 th June, 2008 pp. 1563-1564. An Act to provide for the establishments of the Himachal Pradesh Scheduled Castes

3[and Scheduled Tribes] Development

Corporation. BE it enacted by the Legislative Assembly of Himachal Pradesh in the Thirtieth year of the Republic of India as follows:- CHAPTER-I PRELIMINARY 1. Short title.- This Act may be called the Himachal Pradesh Scheduled Castes

4[and Scheduled Tribes] Development Corporation Act, 1979. 2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,-

1. (a) ‘agricultural development’ includes development of horticulture, forests, dairy, poultry, piggery, sheep and cattle breeding, pisciculture and sericulture; 5[(aa) ‘bank’ means,-
   • (i) a banking company as defined in the Banking Regulation Act, 1949 (10 of 1949),
   • (ii) the State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955),
   • (iii) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959),
   • (iv) a Regional Rural Bank established under the Regional Rural Banks Act, 1976 (21 of 1976),
   • (v) a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), 1 Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated th June, 2004, pp. 942 and 945. 2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 17 th April, 2008, pp. 274 and 277.

³ Inserted vide H.P. Act No. 8 of 1984.

⁴ Inserted vide H.P. Act No. 8 of 1984.

5. Clause (aa) inserted vide H.P. Act No. 28 of 1979, effective from 20

th September, 1979.

THE HIMACHAL PRADESH SCHEDULED CASTES AND SCHEDULED 5

TRIBES DEVELOPMENT CORPORATION ACT, 1979

1. (vi) any banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949 (10 of 1949),
2. (vii) the Agricultural Refinance and Development Corporation constituted under the Agricultural Refinance and Development Corporation Act, 1963 (1 of 1963),
3. (viii) the Agro-Industries Corporation as defined in clause

1. (c) of section 2 of the Himachal Pradesh Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1972 (7 of 1973),
   • (ix) the Agricultural Finance Corporation Limited, a company incorporated under the Companies Act, 1956 (1 of 1956),
   • (x) any other financial institution notified by the State Government in the Official Gazette, as bank for the purposes of this Act,]
2. (b) ‘Board’ means the Board of directors of the Corporation;
3. (c) ‘Central Government’ means the Government of India;

1[(d) ‘Chairman’ and ‘Vice-Chairman’ mean the Chairman and

the Vice-Chairman of the Corporation;];

2[(dd) ‘Collector’ means the Collector of the District and includes

any other officer, not below the rank of the Assistant Collector of the 1 st Grade, empowered by the State Government to discharge the functions of the Collector for the purposes of this Act;];

1. (e) ‘Corporation’ means the Himachal Pradesh Scheduled Castes 3[and Scheduled Tribes] Development Corporation, established under section 3;
2. (f) ‘director’ means a director of the Board and includes the Chairman 4[and the Vice-Chairman];
3. (g) ‘Government’ means the Government of Himachal Pradesh;
4. (h) ‘margin money’ means the margin money required by the financial banking institutions from the beneficiaries; 1. Clause (d) substituted vide H.P. Act No. 28 of 1979, effective from 20 th September, 1979, H.P. Act No. 8 of 1984 again substituted vide H.P. Act No. 7 of 1987, effective from 12 th February, 1987.

³ Inserted vide H.P. Act No. 8 of 1984.

th September, 1979, omitted vide H.P. Act No. 8 of 1984 and again inserted vide H.P. Act No. 7 of 1987 effective from 12 th February, 1987.

6 THE HIMACHAL PRADESH SCHEDULED CASTES AND SCHEDULED TRIBES

DEVELOPMENT CORPORATION ACT, 1979

1. (i) ‘marketing’ means all activities relating to the transport, grading, pooling, marketing and sale of agricultural or industrial produce, whether in the primary form or in semi- processed or processed form;

1. (j) ‘prescribed’ means prescribed by rules made under the Act;
2. (k) ‘processing’ means all activities relating to the processing of agricultural produce so as to make it marketable or fit for consumption and includes purchase and storage of raw- material, purchase of equipment, and purchase, installation and running of machinery, required for processing and storage of finished produce;

1[(kk) ‘schedule’ means the schedule appended to this Act;]

1. (l) ‘schedule castes’ means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under article 341 of the Constitution of India to be scheduled castes; 2[(m) ‘scheduled castes organization’ or ‘scheduled tribes organisation’ means a firm registered under the Partnership Act, 1932 (9 of 1932), an association registered under the Societies Registration Act, 1860 (21 of 1860), or a co- operative society registered under the Himachal Pradesh Co-operative Societies Act, 1968 (3 of 1969) in which not less than fifty-one percent of the paid up capital is held by the members of the scheduled castes, or as the case may be by the members of the scheduled tribes;]; and

3[(mm) ‘scheduled tribes’ shall have the same meaning as assigned

to it in Clause (25) of Article 366 of the Constitution of India.]

1. (n) ‘small scale industry’ means such cottage and small scale industry as may by notification in the Official Gazette be specified by the State Government; and
2. (o) ‘supply and storage’ means supply and storage of agricultural inputs and establishment, maintenance and running of storages, cold-storages and warehouses.

THE HIMACHAL PRADESH SCHEDULED CASTES AND SCHEDULED 7

TRIBES DEVELOPMENT CORPORATION ACT, 1979

CHAPTER-II INCORPORATION OF HIMACHAL PRADESH SCHEDULED CASTES

1[AND SCHEDULED TRIBES] DEVELOPMENT CORPORATION AND ITS CAPITAL 3. Establishment of Himachal Pradesh

2[Scheduled Castes and

Scheduled Tribes Development Corporation].- (1) With effect from such date as the State Government may, by notification, specify in this behalf, the State Government may, by notification, specify in this behalf, the State Government may establish for the purpose of this Act a Corporation known as the Himachal Pradesh

4[Scheduled Castes and Scheduled Tribes Development Corporation].

1. (2) The Corporation shall be a body corporate with the name aforesaid having perpetual succession and a common seal with powers, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and may, by that name, sue or be sued. 4. Head office of Corporation.- (1) The head office of the Corporation shall be at Shimla or at such other place as the State Government may, by notification, specify.
2. (2) The Corporation may establish its offices or agencies at such places within or outside the State as it may think fit. 5. Capital of Corporation.- (1) Authorised capital of the Corporation shall be such sum not exceeding 5[sixty crores] of rupees as the State Government may fix: Provided that where the capital initially fixed is less than 6[sixty crores] of rupees the State Government may, from time to time, increase the capital to such sum not exceeding 1[sixty crores] of rupees as it may think fit.

¹ Inserted vide H.P. Act No. 8 of 1984.

2. substituted for the words “Scheduled Castes Development Corporation” vide H.P.

Act No. 8 of 1984.

3 . Corporation established w.e.f. 14

⁴ Substituted for the words “Scheduled Castes Development Corporation” vide

th November, 1979 vide Not. appended. H.P. Act No. 8 of 1984.

5 . The words “ten crores” substituted for the words “five crores”. vide H.P. Act No.

8 of 1984, the words “twenty crores” substituted for the words “ten crores” vide H.P. Act No. 16 of 1991, the words “thirty crores” substituted for the words “twenty crores” vide H.P. Act No. 19 of 1998, the words “forty crores” substituted for the words “thirty crores” vide H.P. Act No. 16 of 2004, again and again the words “sixty crores” substituted for the words “forty crores” vide H.P. Act No. 11 of 2008.

6 . The words “ten crores” substituted for the words “five crores”. vide H.P. Act No.

8 of 1984, the words “twenty crores” substituted for the words “ten crores” vide H.P. Act No. 16 of 1991, the words “thirty crores” substituted for the words “twenty crores” vide H.P. Act No. 19 of 1998, the words “forty crores” substituted for the words “thirty crores” vide H.P. Act No. 16 of 2004, again and again the words “sixty crores” substituted for the words “forty crores” vide H.P. Act No. 11 of 2008.

8 THE HIMACHAL PRADESH SCHEDULED CASTES AND SCHEDULED TRIBES

DEVELOPMENT CORPORATION ACT, 1979

1. (2) Such capital may be provided subject to such terms and conditions as may be determined by the State Government. Explanation.- The expression ‘authorised capital’ for the purpose of this section shall not include the grant-in-aid received by the Corporation for the managerial assistance. CHAPTER-III MANAGEMENT OF THE CORPORATION 6. Management.- (1) The general superintendence, direction and management of the affairs and business of the Corporation shall vest in a board of directors which may exercise all such powers and do all such acts and things as may be exercised or done by the Corporation under this Act.
2. (2) The Board of directors in discharging its functions shall act having regard to public interest, welfare of 2[scheduled castes and scheduled tribes] and solvency of the Corporation and shall be guided by such instructions on questions of policy as may be given to it by the State Government.
3. (3) If any doubt arises as to whether a question is or is not a question of policy the decision of the State Government thereon shall be final. 3[7. Board of directors.- (1) The Board shall consist of sixteen directors who shall be nominated by the State Government. Provided that not less than two directors shall be nominated from amongst the officers serving the State Government in the Department of Welfare and the remaining shall be nominated from amongst the persons who have special knowledge of industries, handicrafts, animal husbandry, agriculture, agro-Industries, water development projects, finance, co-operation or financial institutions: Provided further that not less than two directors shall be non-official, belonging to scheduled caste and at least one director shall be non-official belonging to the scheduled tribes. 4[(2) The State Government shall nominate out of the directors, appointed under sub-section (1), the Chairman and the Vice-Chairman of the Corporation.];

1 . The words “ten crores” substituted for the words “five crores”. vide H.P. Act No.

² Substituted for the words “scheduled castes” vide H.P. Act No. 8 of 1984.

8 of 1984, the words “twenty crores” substituted for the words “ten crores” vide H.P. Act No. 16 of 1991, the words “thirty crores” substituted for the words “twenty crores” vide H.P. Act No. 19 of 1998, the words “forty crores” substituted for the words “thirty crores” vide H.P. Act No. 16 of 2004, again and again the words “sixty crores” substituted for the words “forty crores” vide H.P. Act No. 11 of 2008.

3. Section 7 amended vide, H.P. Act No. 28 of 1979 and substituted vide H.P. Act

No. 8 of 1984. 4. Sub-section (2) substituted vide H.P. Act No. 7 of 1987 effective from 12 th

February, 1987.

THE HIMACHAL PRADESH SCHEDULED CASTES AND SCHEDULED 9

TRIBES DEVELOPMENT CORPORATION ACT, 1979

1. (3) On the occurrence of any vacancy in the office of the Chairman 1[, the Vice-Chairman] or a director due to death, resignation or otherwise, the same shall be filled up by the State Government in the manner provided in sub-section (1) or in sub-section (2), as the case may be. 2[(4) The Chairman and the Vice-Chairman shall perform such duties, and exercise such powers as may be assigned to them or conferred upon them by the Board under sub-section (2) of section 15 of this Act.]
2. (5) Subject to the provisions of this Act the conditions of appointment of the Chairman 3[, the Vice-Chairman] and the directors and the fees and allowances payable to them, shall be such as may be prescribed.]