The Meghalaya Infrastructure Development Finance Board Act,2011
Chapter VII MISCELLANEOUS
Chapter VII MISCELLANEOUS
28. Banking and Withdrawal
All sums received for the purposes of the Fund shall be paid into an account or accounts with such banks as are agreed with the State Government and no amount shall be withdrawn there from except under the authority of the Board and by means of:
- (a) cheques signed by such persons as are authorized in that behalf by the Board; or
- (b) transfer of money electronically certified by such persons authorised in that behalf by the Board .
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29. Members,Officers and servants to be public servants
All Members and employees and officers of the Board shall, while acting or purporting to act in pursuance of the provisions of this Act or any rules or regulations made thereunder, be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code 1960 and Section 2(c) of the Prevention of Corruption Act, 1988.
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30. Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against the Board or any member and officer or servant of the Board for anything . which is in good faith done or intended to be done in pursuance of the provisions of this act or any rules and regulations made thereunder.
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31. Power to make rules
- (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
- (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely,-
- (a) the matters relating to competitive public bidding, inviting comparative bids and direct negotiation under this Act;
- (b) the manner in which . the developer for any Bankable Project shall be selected under this Act;
- (c) the scheme for concession agreement;
- (d) the other factors having regard to which charges may be revised and the manner in which they may be revised;
- (e) the manner in which an opportunity of being heard shall be given to the developer;
- (f) the form and manner in which the accounts of the Board shall be prepared and maintained;
- (g) the form in which an annual statement of accounts of the Board shall be prepared;
- (h) the form in which and the time at which an annual report of the Board shall be prepared;
- (i) any other matter which is to be or may be prescribed.
- (3) Every rule made under this Act shall be laid, as soon as after it is made, before the State Legislature.
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32. Power to make regulations
- (1) The Board may make regulations not inconsistent with provisions of this act and the rules made thereunder, for enabling it to discharge its functions under this Act.
- (2) In particular and without prejudice to the foregoing powers, such regulations may provide for all or any of the following matters, namely, -
- (a) the manner in which a proposal shall be submitted to the Board under the Act;
- (b) the time and the place at which the Board shall meet and rules of procedure the Board shall observe in regard to transaction of its business at its meeting;
- (c) the other Committees which the Board may constitute, the number of Members which the Executive Committee and other Committees may consist of and the functions of the Board which they may perform under this Act;
- (d) the remuneration, allowances and conditions of service of Members, secretary, experts, professionals and officers and other employees of Board;
- (e) any other matter which is, or may be, necessary to be prescribed for the efficient conduct of the affairs of the Board.
- (3) Every regulation made under this Act shall be laid, as soon as after it is made, before the State Legislature.
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33. Act to have overriding effect
The provIsions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force in the State.
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34. Power to remove difficulties
- (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as may appear to it to be necessary for removing tile difficulty: Provided that no such order shall be made after the expiry of period of two years from the date on which this Act come into force.
- (2) Every order made under this Act shall be laid, as soon as after it is made, before the State Legislature.
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