The Nagaland Khadi and Village Industries Board Act, 1978
Chapter II THE KHADI AND VILLAGE INDUSTRIES BOARD
Chapter II THE KHADI AND VILLAGE INDUSTRIES BOARD
3. Establishment and incorporation of Board
With effect from such date as the Government may, by notification, fix in this behalf, there shall be established a Board to be called the Nagaland Khadi and Village Industries Board. it shall be a body corporate having perpetual succession and common seal with power to acquire, hold and dispose of proper and to contract and may, by the said name, use and be used.
Chapter II THE KHADI AND VILLAGE INDUSTRIES BOARD
4. Constitution of the Board
(a) The Board shall consist of not less than 9 and not more than ii members, all of whom shall be non-official who are already interested in constructive activities and who have an abiding interest in the Khadi and Village Industries programmes. (b) One of the members of the Board shall be appointed by the Government as the Chairman of the Board. (c) The Government may appoint one of the other members as the Vice~Chairmau1, who shall exercise such of the powers and perform such of the duties of the Chairman as may be prescribed or as may be delegated to hint by the Chairman. (d) The Government shall after consultation with the Board appoint a member other than the Chairman and Vice-Chairman to be the Secretary of the Board. (e) The appointments of Chairman, Vice-Chairman and the Secretary shall be made by the Government in consultation with the Khadi and Village Industries Commission. (f) In the event of any vacancy in the office of a member of the Board by reason of death, resignation or removal, such vacancy shall be filled in by appointment by the Government and the member appointed in such vacancy shall hold office for the unexpired term of his predecessor. (g) The Chairman, Vice-Chairman, Secretary and other members of the Board shall receive such allowances as may be prescribed and all such allowances shall be paid from the fund of the Board.
Chapter II THE KHADI AND VILLAGE INDUSTRIES BOARD
5. Financial Adviser
(i) The Government shall appoint a person not being a member, to be the Financial Adviser to the Board. The Financial Adviser may also function as the Chief Accounts Officer. (ii) The term of office, the conditions of service and the functions of the Financial Adviser shall be such as may be prescribed in consultation with the Khadi and Village Industries Commission.
Chapter II THE KHADI AND VILLAGE INDUSTRIES BOARD
8. Temporary association of persons with the Board for particular purposes
(1) The Board may associate with itself in such manner and for such purpose as may be determined by regulations made under this Act, any persons whose assistance or advice it may desire in complying with any of the provisions of this Act. (2) A person associated with the Board under sub-section (i) for any purpose shall have the right to take part in the discussions of the Board relevant to that purpose, but shaft not have the right to vote and shall not be a member for any other purpose. (3) The Government may, by order, depute one or more officers of the Government to attend any meeting of the Board and to take part in the discussions of the Board but such officer or officers shall not have the right to vote.
Chapter II THE KHADI AND VILLAGE INDUSTRIES BOARD
9. Meeting of the Board
(1) The Board shall meet at such times and places and shall, subject to the provisions of sub-section (2) to (4) observe such rules of procedure in regard to transaction of business at its meeting (including the quorum at meetings) as may be provided by regulations made by the Board under this Act. Provided that the Board shall meet at least once in the every two months. (2) The Chairman may, whenever he thinks it, call special meetings of the Board. (3) The Chairman or in his absence the Vice-Chairman or if he is also absent, such members as may be chosen by the Members present from among themselves, shall preside at a meeting of the Board. (4) All questions at a meeting of the Board shall be decided by the majority of the votes of the members present and voting and in the case of an equality of votes, the Chairman or in his absence the person presiding, shall -have a second or casting vote. (5) The proceedings of the meeting of the Board shall he forwarded to the Government and the Khadi and Village Industries Commission within fifteen days of every meeting.
Chapter II THE KHADI AND VILLAGE INDUSTRIES BOARD
10. Terms of office and conditions of services of Chairman, Vice-Chairman, Secretary and other members of Board
The term of office and the terms and conditions of service of the Chairman, the Vice-Chairman the Secretary and the other members of the Board shall be such as maybe prescribed.
Chapter II THE KHADI AND VILLAGE INDUSTRIES BOARD
11. Powers and duties of the Secretary, Officers and servants of Board and conditions of their service
(1) The Secretary shall exercise such powers and discharge such duties as may be prescribed or as may, from time to time, be delegated to him by the Government or by the Chairman. (2) (a) The Board shall appoint an Executive Officer to manage the affairs of the Board. (b) The function, duties and powers of the Executive Officer shall be such as may be fixed by the Board, with the prior approval of the State Government. (c) The Executive Officer may be a Government servant whose services are placed at the disposal of the Board by the Government and if he is a Government servant his remuneration, allowances and other conditions of service shall be such as may be fixed by the Government. (2) The Board may appoint such other officers and servants as it may consider necessary for the efficient discharge of its functions. Provided that the Board may delegate its powers in this behalf to the Chairman or other members or Officers of the Board. (4) (a) The State Government shall appoint a person not being i member, to be a Financial Adviser and Chief Accounts Officer of the Board. (b) The functions, duties and powers of the Financial Adviser shall be such as may be specified by rules. (5) Subject to the provisions of clause (c) of sub-section (1), the remuneration, allowances, and other conditions of service of the officers and servants of the Board shall be such as may be determined by regulations.
Chapter II THE KHADI AND VILLAGE INDUSTRIES BOARD
12. Appointment of other Committees
The Board may constitute from among the members of the Board a standing finance committee to exercise such powers and perform such functions relating to finances of the Board as may be laid down by Regulations made by the Board.
Chapter II THE KHADI AND VILLAGE INDUSTRIES BOARD
13. Appointment of other Committees
Subject to any rules made in this behalf, the Board may from time to time, appoint one or more committees for the purposes of securing the efficient discharge of its functions and in particular for the purpose of securing that the functions are discharged with the regard to the circumstance and requirement of Khadi or particular Village industry. Such Committees may be appointed for any particular areas
Chapter II THE KHADI AND VILLAGE INDUSTRIES BOARD
14. Function of Board
(1) It shall be the duty of the Board to encourage, organise, develop and regulate Khadi and Village Industries and perform such functions as the Government may prescribe from time to time. (2) Without prejudice to the generality of the provisions of sub- section (1) the Board shall in particular discharge and perform all or any of the following duties and functions namely: (a) Start, encourage, assist and carry on Khadi and Village Industries and to carry on trade or business in such Industries and in the matters incidental to such trade or business. (b) to help the people by providing them with work in their homes and to give loans and other form of monetary help to individual or societies or institutions on such terms as may be prescribed. (c) to encourage establishment of co-operative societies for Khadi and Village Industries. (d) to conduct training centres and to train people there at with a view to equipping them with the necessary knowledge for starting or carrying on Khadi and Village Industries. (e) (i) to manufacture tools and implements required for carrying on Khadi and Village Industries and to manufacture the products of such Industries. (ii) to arrange for the supply of raw materials and tools and implements required for the said purposes, and,. (iii) to sell and to arrange for the sale of the products of the said Industries (f) to arrange for publicity and popularising of finished products of Khadi and Village Industries by opening stores, shops, emporium or exhibitions and to take similar measures for the purpose, (g) to endeavor to educate public opinion and to impress upon the public the advantages of patronising the products of Khadi and Village Industries, (h) to seek and obtain advise and guidance of experts in Khadi and Village Industries. (i) to undertake and encourage research work in connection with Khadi and Village Industries and to carry on such activities as are incidental and conductive to the objects of this Act., (j) to discharge such other duties and to perform such other functions as the Government may direct for the purpose of carrying out the objects of this Act.
Chapter II THE KHADI AND VILLAGE INDUSTRIES BOARD
15. General powers of the Board
The Board shall, for the purpose of carrying out its functions under this Act, have the following powers, namely: (i) to acquire and hold such movable and immovable property, it deems necessary and to lease, sell or otherwise transfer any such property: Provided that any lease, sale/mortage, hypothication or other transfer to any persons of authority other than the Khadi and Village Industries Commission of any immovable property belonging to the Board shall be null and void unless it is sanctioned by the Government. (ii) to incure expenditure and undertake any work in any area in the State for the farming and execution of such schemes, as it may consider necessary for the purpose of carrying out the provisions of this Act, or as may be entrusted to it by the Government.
Chapter II THE KHADI AND VILLAGE INDUSTRIES BOARD
16. Power to make contract
(1) A Board may enter into and perform all such contracts as it may consider necessary or expedient for carrying out any of the purposes of this Act. (2) Every contract shall be made on behalf of the Board by its Chairman. provided, that, the Chairman may, by an order in writing, delegate his powers in this behalf to the Vice-Chairman or Secretary. (3) Every contract made on behalf of the Board shall, subject to the provisions of this section, be entered into in such manner and form as may be prescribed. (4) A contract not executed in the manner provided in this section and the rules made there-under shall not be binding on the Board.
Chapter II THE KHADI AND VILLAGE INDUSTRIES BOARD
17. Powers of the Khadi and Village industries Commission to give directions
In the performance of its functions under this Act, the Board shall be bound by such directions as the Khadi and Village Industries Commission may give to it from time to time.
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