Chapter VI SUPPLEMENTAL

Finality of decisions of Government and bar of suits and proceedings in Civil and Criminal Courts.-

1. (1) The decision of the Government as to whether the 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 any order made thereunder.
2. (2) No prosecution, suit or other proceeding shall lie against any Government officer or other authority vested with powers under this Act for anything in good faith done or intended to be done thereunder.

Power to make rules.-

1. (1) The Government may, after previous publication, make rules consistent with this Act for the carrying out of all or any of its purposes.
2. (2) In particular and without prejudice to the generality of the foregoing power, the Government may make rules regulating or determining all or any of the following matters, namely :-
   • (a) election of members of the Board under clauses
   • (e) and
   • (f) of sub-section
3. (1) of section 3 ;
   • (b) regulating the travelling allowance under section 10 ;
   • (c) the manner of making applications for State Aid under section 19 ;
   • (d) the delegation of power to give loans under section 20 ;
   • (e) the form of deed to be executed under section 21 ;
   • (f) the nature and amount of the security to be taken under sections 21 and 36 for the due 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 wholly or in part of the premises, machinery, stock, stores or other property, present or future, moveable or immoveable, of the industry concerned then the whole of such property, present and future, moveable and immoveable, may be made liable for the recovery of the loan and all interest due thereon, if any ;
   • (g) the inspection under section 26 of the premises buildings, machinery and stock in-hand and the mode of keeping and auditing the accounts and of furnishing returns of any industry in respect of which State Aid has been given ;
   • (h) the manner in and the place at which notices or orders may be served on any borrower ;
     • (i) the form of the declaration to be used under section 24 ;
   • (j) the fixing of the period for the repayment of loans ;
   • (k) the application under section 33 of profits in the case in which the conditions on which the State Aid has been given have not been fulfilled ;
   • (l) the appointment and functions of directors appointed by the Government under section 34 and the prescribing of other methods of control of industries to which State aid has been given ;
   • (m) the percentage of the cost of machinery to be deposited under section 36 ;
   • (n) the additional particulars to be specified in the order referred to in section 37 and the conditions on which machinery may be supplied on the hire-purchase system ;
   • (o) the form of the metal plate referred to in clause
   • (e) of section 38 ;
   • (p) the form of notice under section 39 ;
   • (q) the recovery of any sums payable under this Act ; and
   • (r) all other matters pertaining to the working of this Act.

Repeal.- 1[1. The Jammu and Kashmir State Aid to Industries Act, Samvat 1999, is hereby repealed. 1[2] Notwithstanding such repeal, all acts done, aid or loan given, agreements made, orders passed and rules issued under the said Act shall remain in force unless expressly cancelled by the competent authority and shall be deemed to have been respectively done, given, made passed and issued under this Act.]