THE HIMACHAL PRADESH STATE AID TO INDUSTRIES ACT 1968
Chapter VI SUPPLEMENTAL
General196848 sections6 chapters
Chapter VI SUPPLEMENTAL
45. Finality of decision of State Government and bar of suits and proceedings in civil and criminal courts
Statutory text
(1) The decision of the State Government as to whetherthe conditions laid down in or under any of the provisions of this Act have been satisfied, shall be final, and no suit shall be brought in any civil court to set aside or modify anyorder made thereunder.
- (2) No prosecution, suit or other proceeding shall lie against any
Chapter VI SUPPLEMENTAL
46. Government officer or other authority vested with powers under this Act for anything in good faith done or intended to be done thereunder.
Statutory text
Power to make rules.-(1) The State Government may after pre- vious publication, make rules, consistent with this Act, for the carrying out of all or any of its purposes.
- (2) In particular and without prejudice to the generality of the foregoing power, the State Government may make rules regulating or determining all or any of the following matters, namely:-
- (a) regulating the travelling allowance under section 10;
- (b) the manner of making application for State aid under section 19;
- (c) the delegation of power to give loans under section 20;
- (d) the form of deed to be executed under section 21;
- (e) the nature and amount of the security to be taken under sections 21 and 36 for the clue application and repayment of the State aid or rents together with all interest due thereon, if any, and the rate of interest at which and the conditions under which State aid may be granted: Provided that where the security consists whole or m part of the premises, machinery, stock stores or other property, present or future, movable or immovable of the industry concerned, then the whole of such property, present and future, movable and immovable, may be made liable for the recovery of the loan and all interest due thereon, ifany;
- (f) the inspection under section 26 of the premises, buildings, machinery and stock-in-hand and the mode of keeping and auditing the account and of furnishing returns of any industry in respect of which State aid has been given;
- (g) the manner in, and the place at, which notices or order nay be ser- ved on any borrower;
- (h) the form of the declaration to be used under section 24;
- (i) the fixing of the period for the repayment of loans;
- (j) the application under section 33 of profits in the case in which theconditions on which State aid has been given, have not been fulfilled ;
- (k) the appointment and functions of directors appointed by the State Government under section 34 and the prescribing of other methods of control of industries to which State aid has been given ;
- (l) the percentage of the cost of machinery to be deposited under section 36;
- (m) the additional particulars to be specified in the order referred to in section 37 and the condition on which machinery may be supplied on the hire-purchase system;
- (n) the form of the metal plate referred to in clause (e) of section 38;
- (o) the form of notice under section 39;
- (p) the recovery of any sums payable under this Act; and
- (q) all other matters pertaining to the working of this Act.
- (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the sessionsaforesaid, the Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case maybe, so, however, that any such modification or annulment shall be without prejudice to the validity of any thingpreviously done under that rule.
Chapter VI SUPPLEMENTAL
47. Repeal and savings.-(1) The Punjab State Aid to Industries Act,
Statutory text
1935 (5 of 1935), as in force in Himachal Pradesh is here by repealed.
- (2) Notwithstanding such repeal, anything done or any action taken, including, any orders, and notifications issued or rules made in exercise of the power conferred by or under the repealed Act, shall, to the extent of being consistent with the provisions of this Act, be deemed to have been done, taken, issued, or made, in exercise of the powers conferred by or under the corresponding provisions of this Act.
- (3) All the loans granted or deemed to have been. granted under the Act repealed under sub-section (1) and all documents executed in connection therewith shall be deemed to have been granted and executed under the provisions of this Act and the rules made or deemed to-have been made thereunder, and the recovery thereof shall be effected accordingly. ______________
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