Bare Act
The Madhya Pradesh Rajya Pashu Dhan Avam Kukkut Vikas Nigam Adhinayam 1982
1. Short title, extent and commencement
(1) This Act may be called the Madhya Pradesh Rajya Pashu Dhan Avam Kukkut Vikas Nigam Adhiniyam, 1982. (2) It extends to the whole of the State of Madhya Pradesh. (3) It shall come into force on such date as the State Government may, by notification, appoint.
2. Definitions
In this Act, unless the context otherwise requires,— (a) "Board" means the Board of Directors of the Nigam; (b) "Corporation" or "Nigam" means the Madhya Pradesh Rajya Pashu Dhan Avam Kukkut Vikas Nigam established under section 3; (c) "Director" means a Director appointed under section 7; (d) "Livestock" includes cattle, buffaloes, sheep, goats, pigs and other animals as specified by the State Government by notification; (e) "Poultry" includes fowls, ducks, turkeys, geese and other birds as specified by the State Government by notification; (f) "Chairman" means the Chairman of the Nigam; (g) "Managing Director" means the Managing Director of the Nigam appointed under section 9; (h) "Prescribed" means prescribed by rules made under this Act; (i) "Regulation" means a regulation made by the Nigam under this Act; (j) "State Government" means the Government of Madhya Pradesh. In this Act, unless the context otherwise requires, (a) “bank” means— (i) a banking company as defined in the Banking Regulation Act, 1949 (No. 10 of 1949); (ii) a scheduled bank as defined in the Reserve Bank of India Act, 1934 (No. 2 of 1934); (iii) a co-operative bank as defined in the Madhya Pradesh Co-operative Societies Act, 1960 (No. 17 of 1961); (b) "Board" means the Board of Directors of the Nigam constituted under section 7; (c) "financing institution" means any statutory body or any other body corporate or institution as may be approved by the State Government in relation to the objects of the Nigam if the financing of agricultural or animal husbandry operations is done and which is notified by the State Government as a financing institution for the purpose of this Act; (d) "land" shall have the same meaning as assigned to it in the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959); (e) "Nigam" means the Madhya Pradesh Rajya Pashu Dhan Evam Kukkut Vikas Nigam established under section 3; (f) "regulations" means regulations made by the Nigam under section 38; (g) "year" means a period commencing from the 1st July and ending on the 30th June every year. In this Act, unless the context otherwise requires,— (a) "bank" means— (i) a banking company as defined in the Banking Regulation Act, 1949 (No. 10 of 1949); (ii) a scheduled bank as defined in the Reserve Bank of India Act, 1934 (No. 2 of 1934); (iii) a co-operative bank as defined in the Madhya Pradesh Co-operative Societies Act, 1960 (No. 17 of 1961); (b) "Board" means the Board of Directors constituted under section 7; (c) "financing institution" means any statutory body or other body corporate owned or controlled by the Central Government or the State Government and which is notified by the State Government as a financing institution for the purpose of this Act; (d) "Land" shall have the same meaning as assigned to it in the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959); (e) "Livestock" includes cattle, buffaloes, sheep, goats, pigs, horses and such other animals as the State Government may by notification specify; (f) "Nigam" means the Madhya Pradesh Rajya Pashudhan Evam Kukkut Vikas Nigam established under section 3; (g) "regulations" means regulations made by the Nigam under section 38; (h) "year" means a period commencing from 1st July and ending on the 30th June every year. In section 7 of the Madhya Pradesh Rajya Pashudhan Evam Kukkut Vikas Nigam Adhiniyam, 1982 (No. 18 of 1982) (hereinafter referred to as the Principal Act), in sub-section (1), for the existing clause (c), the following clause shall be substituted, namely:— "(c) Four non-official Directors and non-official Directors shall be in the category of, (a) one Director representing banks or financial institutions; (b) one Director having special knowledge and experience in respect of livestock and poultry; (c) one Director having experience in respect of matters relating to livestock and poultry; (d) two Directors belonging to scheduled castes or scheduled tribes having special experience in respect of matters relating to livestock and poultry; (e) one Director representing the Jawaharlal Nehru Krishi Vishwavidyalaya. (5) The Chairman or a Director shall hold office during the pleasure of the authority appointing him but the term of his office shall not exceed three years from the date of his appointment: Provided, however, that he may resign his office at any time by writing under his hand addressed to the State Government and the office of the Chairman or a Director, as the case may be, shall become vacant on the date of acceptance of his resignation. (6) In the event of the death, resignation or disqualification or removal of Chairman or a Director, the vacancy shall be filled up by appointment as soon as possible.".
3. Incorporation
(1) With effect from such date as the State Government may, by notification, appoint, there shall be established for the purposes of this Act a Corporation by the name of the 'Madhya Pradesh Rajya Pashu Dhan Avam Kukkut Vikas Nigam'. (2) The Nigam shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable and to contract and shall by the said name sue and be sued. In sub-section (1) of Section 8 of the Principal Act the words "nominated or" shall be omitted.
4. Capital of the Nigam
The authorised share capital of the Nigam shall be such amount as the State Government may determine. The head office of the Nigam shall be at Bhopal. In sub-section (1) of Section 9 of the Principal Act the word "nominated" shall be omitted.
5. Shares of the Nigam
The shares of the Nigam shall be subscribed by the State Government and such other institutions or persons as may be approved by the State Government. (1) The authorised capital of the Nigam shall be such amount as may be prescribed by the State Government. (2) In respect of such capital as may be provided by the State Government as capital of the corporation, the State Government shall have power to impose such terms and conditions as it may deem fit. The Madhya Pradesh Rajya Pashudhan Evam Kukkut Vikas Nigam (Sanshodhan) Adhyadesh, 1984 (No. 18 of 1984) is hereby repealed.
6. Management
(1) The general superintendence, direction and management of the affairs and business of the Nigam shall vest in the Board of Directors which may exercise all such powers and do all such acts and things as may be exercised or done by the Nigam under this Act. (2) The Board of Directors, in performing its functions shall act on business principles, regard being had to public interest, and shall be guided by such directions on questions of policy as may be given to it by the State Government.
7. Constitution of the Board
(1) The Board of Directors of the Nigam shall consist of the following, namely:— (i) The Secretary to the Government of Madhya Pradesh, Animal Husbandry Department and if there be no Secretary, then the Additional Secretary of that Department, who shall be the Chairman; (ii) The Secretary to the Government, Madhya Pradesh Finance Department or his nominee not below the rank of Deputy Secretary; (iii) Director, Veterinary Services, Madhya Pradesh; (iv) The Registrar of Co-operative Societies, Madhya Pradesh; (v) Managing Director of the Nigam; (vi) one Director to be nominated by the State Government to represent banks and financial institutions; (vii) one Director having special knowledge or practical experience in respect of livestock and poultry industry to be nominated by the State Government; (viii) two directors having practical experience in the rearing of livestock and poultry production and marketing to be nominated by the State Government; (ix) one director belonging to the Scheduled Caste or Scheduled Tribes, to be nominated by the State Government in respect of matter relating to Scheduled Caste or Scheduled Tribes to be nominated by the State Government; (x) one representative from the Jawaharlal Nehru Krishi Vishwavidyalaya, to be appointed by the State Government. (2) The Chairman and each nominated Director shall hold office during the pleasure of the State Government but the term of his office shall not exceed three years from the date of nomination or appointment. A Director may however, resign his office at any time, by writing under his hand to the State Government and the resignation shall take effect from the date on which it is accepted by the State Government.
8. Disqualification of Directors
(1) A person shall be disqualified for being nominated or continued as a Director— (a) if he is, or at any time has been adjudicated insolvent or has suspended payment of his debts or has compounded with his creditors; (b) if he is of unsound mind and stands so declared by a competent court; (c) if he is, or has been convicted of any offence under the Prevention of Cruelty to Animals Act, 1960 (No. 59 of 1960), the Central Provinces and Berar Animal Diseases Act, 1944 (No. 26 of 1944) or the Madhya Pradesh Agricultural Cattle Preservation Act, 1959 (No. 18 of 1959), or any law relating to animal welfare enacted by the Central Government or the State Government; (d) if he is removed or dismissed from the service of the Government or a Corporation owned or controlled by the Central Government or the State Government; (e) if he acts in any manner prejudicial to the interest of the Nigam or has any interest in any body, institution or organisation whose activities are prejudicial to the interest of the Nigam. (2) If a Director of the Nigam becomes subject to any of the disqualifications mentioned in sub-section (1), he shall cease to be a Director of the Nigam from the date of such disqualification.
9. Managing Director
(1) The Managing Director shall be the chief executive officer of the Nigam. (2) The terms and conditions of appointment of the Managing Director shall be such as may be prescribed. (1) If a Director— (a) becomes subject to any of the disqualifications mentioned in section 8; (b) is absent without leave of the Board for more than three consecutive meetings thereof without cause sufficient in the opinion of the State Government to vacate his absence, shall be deemed to have vacated his office from the date of notification to this effect and thereupon his seat shall become vacant. (2) A director whose office has been declared vacant under sub-section (1) shall not be eligible for renomination to the Board as a Director for a period of three years.
10. Functions of the Nigam
The functions of the Nigam shall be to promote, develop and organise livestock and poultry production, processing and marketing in the State of Madhya Pradesh. The Managing Director shall be appointed by the State Government and he shall— (i) be a whole time officer of the Nigam; (ii) exercise such powers and perform such duties as the Board may delegate or entrust to him; (iii) receive such salary and allowances and be governed by such terms and conditions of service as the Nigam may, with the approval of the State Government, determine.
11. Powers of the Nigam
(1) The Nigam shall have power to do all such things as may be necessary or expedient for the purpose of carrying out its functions under this Act. (2) Without prejudice to the generality of the foregoing power, the Nigam may— (a) Establish, maintain and operate farms, hatcheries and processing plants; (b) Enter into contracts for the purchase and supply of livestock and poultry products; (c) Provide technical assistance and training to farmers and other persons; (d) Undertake research and development projects. No person shall be qualified to be a Director if he is holding any office of profit under the State Government or under the Central Government.
12. Funds of the Nigam
(1) The Nigam shall have its own fund to which all receipts of the Nigam shall be credited. (2) The fund shall be applied for meeting the expenses of the Nigam in carrying out its functions.
13. Budget
The Nigam shall prepare in such form and at such time each year as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure. (1) The Board shall meet at such times and places and shall observe such rules of procedure in regard to transaction of the business at its meetings as may be provided by regulations: Provided that the Board shall meet atleast once in every three months. (2) The Chairman of the Board or, in his absence, any other director elected for this purpose by the directors present at the meeting shall preside over the meeting. (3) All matters which come up before any meeting of the Board shall be decided by a majority of the votes of the Director present and voting and, in case of equality of votes, the person presiding of the meeting shall have a second or casting vote. (4) In case the Board deems necessary to seek the advice or opinion of any person on any particular matter, the Board may invite such person to attend any meeting of the Board. Such an invitee shall have a right to participate in any discussion but shall have no right to vote at the meeting.
14. Accounts and Audit
(1) The Nigam shall maintain proper accounts and other relevant records and prepare an annual statement of accounts. (2) The accounts of the Nigam shall be audited by an auditor appointed by the State Government. 14. (1) The State Government may, by notification, establish for the purposes of this Act a body to be called the Madhya Pradesh Rajya Pashu Dhan Avam Kukkut Vikas Nigam. (2) The Nigam shall be a body corporate having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable and to contract and shall by the said name sue and be sued. (3) The head office of the Nigam shall be at Bhopal. (1) The Board may constitute one or more executive committees consisting of such number of Directors as may be provided by the regulations for discharging such functions as may be delegated to it by the Board. (2) The Board may constitute such committees, whether consisting wholly of Directors or wholly of other persons, as it thinks fit, for such purposes, related to the activities of the Nigam as it may decide. (3) The members of a committee other than the Directors of the Nigam shall be paid by the Nigam such fees and/or allowances for attending its meeting and for attending to any other work of the Nigam as may be provided by regulations. (1) The Board may constitute one or more executive committees consisting of such number of Directors as may be provided by the regulations for discharging such functions as may be delegated to it by the Board. (2) The Board may constitute such committees, whether consisting wholly of Directors or wholly of other persons, as it thinks fit, for such purposes, related to the activities of the Nigam as it may decide. (3) The members of a committee other than the Directors of the Nigam shall be paid by the Nigam such fees and/or allowances for attending its meeting and for attending to any other work of the Nigam as may be provided by regulations.
15. Power to make Rules
The State Government may, by notification, make rules for carrying out the purposes of this Act. 15. (1) The management of the affairs of the Nigam shall vest in a Board of Directors, which shall consist of such number of Directors as may be prescribed by the State Government, and those Directors shall be appointed by the State Government. (2) The State Government shall nominate one of the Directors to be the Chairman of the Board. (3) The term of office and the manner of filling casual vacancies among the Directors shall be such as may be prescribed. A Director of the Nigam or a member of a committee who has any direct or indirect pecuniary interest in any matter coming up for consideration at a meeting of the Board or a Committee thereof shall disclose the nature of his interest at such meeting and the disclosure shall be recorded in the minutes of the Board or of the committee, as the case may be, and the director or member shall not take any part in any deliberation or decision of the Board or the committee with respect to that matter except to furnish such clarification as may be required of him.
16. Disqualifications for directorship
16. A person shall be disqualified for being chosen as, or for being, a director of the Nigam if he— (a) has been convicted of an offence involving moral turpitude; (b) is an undischarged insolvent; (c) has any interest in any contract with the Nigam. The Managing Director, acting on behalf of the Nigam shall be deemed to be the appointing authority and shall exercise all powers of appointment of the staff of the Nigam: Provided that an appeal shall lie to the Chairman of the Board against the order of the Managing Director in this behalf, in such manner as may be provided by regulations. The Managing Director, acting on behalf of the Nigam shall be deemed to be the appointing authority and shall exercise all powers; an appeal shall lie to the Chairman of the Board against the order of the Managing Director in this behalf, in such manner as may be provided by regulations.
17. Meetings of the Board
17. The Board shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations made under this Act. (1) Subject to the provisions of section 29 any official transferred to the Nigam at the request of the Nigam permanently or temporarily by the State Government from any of their departments, shall enjoy all such privileges of gratuity, pensionary benefits and any other benefits to which that official would have been entitled had he continued to serve in his parent department in the State Government. (2) An official specified in sub-section (1) shall, during the tenure of employment in the Nigam, be subject to disciplinary control of the Nigam. (1) Subject to the provisions of section 29 any official transferred to the Nigam at the request of the Nigam permanently or temporarily by the State Government from any of their departments, shall enjoy all such privileges of gratuity, pensionary benefits and any other benefits to which that official would have been entitled had he continued to serve in his parent department in the State Government. (2) An official specified in sub-section (1) shall, during the tenure of employment in the Nigam, be subject to disciplinary control of the Nigam.
18. Appointment of Managing Director and other staff
18. (1) The Nigam shall have a Managing Director, appointed by the State Government. (2) The Nigam may appoint such other officers and employees as it considers necessary for the efficient performance of its functions. The Principal business of the Nigam shall be production, procurement, collection, rearing and marketing of livestock and livestock products and conservation, management and development of livestock and poultry products and to promote and enhance livestock and poultry production.
19. Functions of the Nigam
19. The functions of the Nigam shall be to plan, promote, undertake, organise, execute and implement programmes for the development of livestock and poultry in the State of Madhya Pradesh and in particular to— (a) establish, maintain and run livestock farms and poultry farms; (b) promote and undertake training, research and extension work in the field of livestock and poultry development; (c) assist in the production and distribution of fodder and feed and to provide technical assistance; (d) to promote and undertake marketing and processing of livestock and poultry products. (1) The Nigam may with the previous approval of the State Government, issue and sell bonds and debentures carrying interest: Provided that without the approval of the State Government the total amount of bond and debentures issued and outstanding and of the other borrowing of the Nigam shall not at any time exceed four times the amount of the capital provided by the State Government under section 5. (2) The Nigam may, for the purpose of carrying out its functions under this Act: (a) borrow money from the Central Government or the State Government and from any other authority or organisation or institution approved by the State Government, on such terms and conditions as may be agreed upon; and (b) accept from the Central Government, State Government, a Scheduled Bank or any person, deposits repayable after the expiry of a period which shall not be less than twelve months from the date of making the deposit and on such other terms as the Nigam may, with the prior approval of the State Government, fix. (3) The bonds and debentures of the Nigam issued under sub-section (1) and the loans and deposits raised by the Nigam under clauses (a) and (b) of sub-section (2) may be guaranteed by the State Government as to repayment of principal and the payment of interest at such rate as may be fixed by the State Government on the recommendation of the Board of Directors of the Nigam at the time the bonds or debentures are issued.
20. General powers of the Nigam
20. (1) The Nigam shall have power to do all such things as may be necessary or expedient for the purpose of carrying out its functions under this Act. (2) Without prejudice to the generality of the foregoing provision, such power shall include the power to enter into contracts for the development of livestock and poultry and to provide financial assistance to institutions and individuals for such purposes. (1) The Nigam may receive remuneration for its services and accept funds, grants, subsidies, donations or any benefactions from the State Government or from any person.
21. Authentication of orders and documents
21. All orders and decisions of the Nigam shall be authenticated by the signature of the Managing Director or any other officer authorised by the Board in this behalf. The Nigam may execute the works itself or through any other agency.
22. Delegation of powers
22. The Board may, by resolution, delegate such of its powers and functions to the Managing Director or any other officer of the Nigam as it may deem fit, subject to such conditions and limitations as may be specified in the resolution. (1) The Nigam shall, in respect of every year submit to the State Government a statement of programme of its activities together with a financial statement showing therein the details of the capital estimate, estimated receipt and expenditure of the Nigam for that year. (2) The Nigam may, with the approval of the State Government. (3) The Nigam shall submit each year to the State Government the programme of work and details of the project which are to be executed during the next year. (4) The State Government may, either approve the project or may disapprove it with such modifications as it may deem fit or return it to the Nigam to modify the same or to prepare a fresh project in accordance with such directions as the State Government may think appropriate.
23. Nigam Fund
23. (1) The Nigam shall have its own fund, to which shall be credited all moneys received by the Nigam and all moneys received by the Nigam shall be deposited in such bank or invested in such manner as the Board may decide. (2) The fund shall be applied for meeting expenses incurred by the Nigam in the discharge of its functions and for such other purposes as may be prescribed. (1) The Nigam shall have and maintain its own fund, and all receipts of the Nigam shall be carried thereto and all payments by the Nigam shall be made therefrom. (2) The funds of the Nigam shall be applied by it for meeting all administrative expenses of the Nigam and for carrying out the purposes of this Act. (3) The Nigam may deposit with any bank such sums as may be needed by it for its operation and the surplus may be invested in such manner as may be approved by the State Government.
24. Accounts of the Nigam
(1) The Board shall cause the books and accounts of the Nigam to be balanced and closed as on the thirtieth day of June each year. (2) The balance sheet and accounts of the Nigam shall be prepared and maintained in such manner as may be prescribed by regulations.
25. Reserve fund
(1) The Nigam shall establish a reserve fund to which shall be credited every year such portion of its annual net profits as the Nigam thinks fit. (2) After making provision for such reserve fund and for bad and doubtful debts and all other matters which are usually provided for by companies registered and incorporated under the Companies Act, 1956, the balance of its annual net profits shall be paid to the State Government.
26. Account and Audit
(1) The Nigam shall cause to be maintained proper books of accounts and such other books as the rules may require and shall prepare annual statement of accounts in such prescribed manner. (2) The Nigam shall cause its accounts to be audited annually by such persons as the State Government may direct. (3) As soon as the accounts of the Nigam have been audited, the Nigam shall send a copy thereof together with a copy of the report of the auditor thereon to the State Government and shall cause the accounts to be published in the prescribed manner and place copies thereof on sale. (4) The Nigam shall comply with such directions as the State Government may think fit to issue after the report of the auditor has been laid before it.
27. Annual report
(1) The Nigam shall, in respect of each year, furnish to the State Government within a period of three months from the date on which the annual accounts of the Nigam are closed, a copy of the balance sheet as on that date together with a copy of the accounts for that year and a report on the working of the Nigam including its policy and programme. (2) The State Government shall, as soon as may be after the receipt of such report cause such report and the audit report referred to in section 26 to be laid on the table of Legislative Assembly.
28. Directions of State Government on question of policy
(1) In the discharge of its functions under this Act the Nigam shall be guided by such directions on questions of policy involving public interest as the State Government may give in writing, and if any dispute arises between the Board and the State Government as to whether the question is or is not a question of policy involving public interest, the decision of the State Government thereon shall be final. (2) Where the Nigam incurs any loss directly in consequence of carrying out the directions of the State Government under sub-section (1), the same shall be made good by the State Government.
29. Transfer of existing officers and servants to the Nigam
(1) On and after the establishment of the Nigam the State Government may, from time to time, direct that the services of the existing officers and servants of the State Government who in its opinion are rendered surplus to its requirements, shall stand terminated and their posts shall stand abolished, from such date as may be specified by it (hereinafter in this section referred to as the appointed date), and shall on that date (which may be different for different officers and servants) become the officers and servants of the Nigam. (2) The permanent or temporary employees of the State Government in respect of whom a direction is issued under sub-section (1) shall, on and from the appointed date, become employees of the Nigam, as the case may be, against a permanent or temporary post, which shall stand created in the establishment of the Nigam. (3) Any officer or servant so transferred shall hold office under the Nigam by the same tenure, at the same remuneration and upon the same other conditions of service and with the same rights and privileges as to pension, gratuity, provident fund and other matters as would have been admissible to him on the appointed date if this Act had not come into force. Any service rendered by him under the State Government shall be deemed to be service rendered under the Nigam. He shall continue to serve under the Nigam until his employment is duly terminated or his remuneration or the conditions of service are duly revised or altered by the Nigam in pursuance of the law which for the time being governs his conditions of service: Provided that, the conditions of service applicable immediately before the appointed date to the case of any such officer or servant shall not be varied to his disadvantage except with the previous approval of the State Government. (4) The sums standing to the credit of the employees referred to in sub-section (1) in any pension, provident fund, gratuity or other like funds constituted for them shall be transferred by the State Government to the Nigam along with any accumulated interest due till the appointed date and with the accounts relating to such funds. On and after the appointed date, the Nigam shall, to the exclusion of the State Government, be liable for payment of pension, provident fund, gratuity or other like sums as may be payable to such employees at the appropriate time in accordance with the conditions of their service. (5) Nothing contained in sub-section (1) shall apply to any employees who by notice in writing given to the State Government within two months from the appointed date or such extended time as the State Government may, by general or special order, specify, intimate their intention of not becoming or continuing as employees of the Nigam. Where such notice is received from any employee— (a) in case of a permanent employee, he shall be allowed to retire giving him the benefit of pension, gratuity, provident fund and other benefits which may have accrued to him had he retired from the Government service on the appointed date; (b) in case of a temporary employee, his service shall be terminated after giving him notice or remuneration in lieu of notice as per the existing service rules of the State Government. (6) Notwithstanding anything contained in the foregoing sub-section— (a) no person employed in the Veterinary Department against whom any disciplinary proceeding is pending or to whom any notice or order of termination of his service or compulsory retirement has been issued before the date of commencement of this Act shall be transferred to the Nigam, and such person may be dealt with after the said date in such manner and by such authority as the State Government may by general or special order specify in this behalf; (b) if the services of any employees of the State Government stand transferred under sub-section (1) to the Nigam, the Nigam may take such disciplinary or other action as it thinks fit against any such employee having regard to any act or omission, or record of such employee while he was in service of the State Government.
30. Liquidation of Nigam
The Nigam shall not be placed in liquidation save by an order of the State Government and in such manner as it may direct.
31. Indemnity of director
(1) Every director shall be indemnified by the Nigam against all losses and expenses incurred by him, in or in relation to the discharge of his duties except such as are caused by his act or omission which is an offence under any law for the time being in force. (2) A director shall not be responsible for any loss or expenses resulting to the Nigam from the insufficiency or deficiency of value of or title to any property or security acquired or taken on behalf of the Nigam or by the wrongful act of any person under obligation to the Nigam or by anything done in good faith in the execution of the duties of his office or in relation thereto.
32. Defect in appointment not to invalidate acts, etc
No act or proceeding of the Board or of any committee of the Board shall be deemed to be invalid by reason only of the existence of any vacancy amongst the directors or any defect in the appointment of a director or a member thereof.
33. Protection of action taken in good faith
All directors, officers and servants of the Nigam, whether appointed by the State Government or by the Nigam, shall, when acting or purporting to act in pursuance of any of the provisions of this Act, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (No. 45 of 1860).
34. Protection of action taken in good faith
No suit or other legal proceeding shall lie against the Nigam or any other person authorised by the Nigam to discharge any functions under the Act for any loss or damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act.
35. Declaration of fidelity and secrecy
Every director, auditor, officer or other employee of the Nigam or an employee of the State Government whose services are utilised by the Nigam shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form prescribed by regulations.
36. Delegation of powers
The Board may delegate to any committee of the Board or to the Chairman or Managing Director or any other officer of the Nigam such of its powers and functions under this Act as it may deem necessary.
37. Power to make rules
(1) The State Government may make rules in consultation with the Nigam to give effect to the provisions of this Act. (2) All rules made under this section shall be laid on the table of the Legislative Assembly.
38. Power to make regulations
(1) The Nigam may, with the previous approval of the State Government, make regulations not inconsistent with this Act and the rules made thereunder providing for all matters for which no rules have been framed under this Act and 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 power, such regulations may provide for the following matters, namely:— (a) the fees and allowances that may be paid to the directors; (b) the times and places of the meeting of the Board or of any committee constituted under this Act and the procedure to be followed at such meeting including the quorum necessary for the transaction of business; (c) the number of directors constituting the executive committee and the functions which such committee may discharge; (d) the functions which any other committee may discharge under this Act; (e) the fees and allowances that may be paid to the members of a committee other than directors; (f) the manner in which appeal shall lie to the chairman of the committee; (g) delegation of powers and functions of the Board to the committees or to the Chairman, the Managing Director, and other officers of the Nigam; (h) the manner and terms of issue and redemption of bonds and debentures and other securities by the Nigam; (i) the manner and conditions subject to which the Nigam may borrow; (j) the form and manner in which the balance sheet and accounts of the Nigam shall be prepared and maintained; (k) the form of returns, statements and estimates required to be prepared under this Act; (l) duties and conduct, salaries, allowance and conditions of service, of the employees of the Nigam; (m) establishment and management of provident fund or other benefit funds for employees of the Nigam; and (n) generally for the efficient conduct of the affairs of the Nigam.
39. Repeal
The Madhya Pradesh Rajya Pashudhan Evam Kukkut Vikas Nigam Adhyadesh, 1982 (No. 18 of 1982) is hereby repealed.
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