Chapter VI MISCELLANEOUS

Members of the Board and officers and servants of the Board shall be deemed when acting or purporting to act in pursuance of any of the provisions of this Act to be Public Servants within the meaning of section 21 of the Indian Penal Code.

No audit, persecution or other legal. proceedings shall lie against any person for anything which is in good faith or purported to be done by or under this Act.

(1) The Government may, by notification make rules, to give effect to the provisions of this Act. (2) In particular and without prejudice to the generality of the forgoing powers, such rules may provide for all or any of the following, matters, namely: (a) the place at which the office of the Board shall be located. (b) the term of office of, and the manner of filling casual vacancies among the members of the Board and the terms and conditions of service of the Chairman, the Vice-Chairman, the Secretary and the other members of the Board, including the salaries and allowances to be paid to them and traveling and daily allowances to be drawn by them. (c) the disqualifications for membership of the Board and the procedure to be followed for removing a member, who is or becomes subject to any dis-qualifications. (d) Powers and duties to be prescribed and forwarded by the Chairman and the vice-Chairman. (e) the conditions subject to which, and the mode in which, contracts may be entered into by or on behalf of Board, (f) Constitution of the standing Finance Committee. (g) the procedure to be followed in the performance of functions by members of the Board. (h) the powers and duties to be exercised and discharged by the Secretary, the financial adviser and the Executive Officer of the Board. (i) the date by which and the form in which the budget and the supplementary budget shall be prepared and submitted in each year under section 16 and 27 (j) The procedure to be followed for placing the Board in possession of funds. (k) the procedure to be followed and the conditions to be observed in borrowing moneys and in granting loans (l) the form and manner in which the accounts of the Board shall be maintained under section 30. (m) the form and manner in which the returns, reports or statements shall be submitted under section 29, and (n) any other matter which has to be or may be prescribed. (3) Every- rule made under this section shall be laid as soon as maybe after it is made, before the Nagaland Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is laid or the sessions, immediately following the Nagaland Legislative Assembly agree in making any modification in the rule or the Nagaland legislative Assembly agree 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 may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule,

(1) The Board, with the previous sanction of the Government, by notifications, make regulations not inconsistant with this Act and the rules made there under, for enabling it to perform its functions under this Act. (2) In particular and without prejudice to the generality of the forgoing power, such regulations may provide for all or any of the following matters, namely: (a) the terms and conditions of appointment and service and the scale of pay of officers and servants of the Board other than the Secretary including the payment or traveling and daily allowances in respect of journeys undertaken by such Officers and servants for the purposes of this Act. (b) The time and place of meetings of the Board, the procedure to be followed in regard to transaction of business at such business at a meeting. (c) functions of committees and the procedure to be followed by such committees in the discharge of their functions. (d) the delegation of power and duties to the standing Finance Committee, Secretary or any employees of the Board. (e) the maintenance of minutes of meetings of the Board and the transmission of copies thereof to the Government and the Khadi and Village Industries Commission, (f) the person by whom and the manner in which payments, deposits and investments may be made on behalf of the Board (g) the custody of moneys require for the current expenditure of the Board and investment of moneys not so required, (h) the maintenance of accounts (3) The Government, by notification may rescind any regulation, made under this section and thereupon, the regulation shall cease to have effect.

(1) If any time the Government are satisfied that: (a) the Board has, without reasonable cause or excuse, made default in the discharge of its duties or in the performance of its functions, imposed or entrusted by or under this Act, or exceeded or abused its, powers o (b) circumstances have no arisen that the Board is rendered unable, or may be rendered unable, to discharge its duties or perform its functions under this Act, or (c) it is otherwise expedient or necessary to dissolve the Board, the Government may, by notification, disolve the Board, for such period as may be specified in the notification and declare that the duties, powers and functions of the Board shall, during the period of its dissolution, be discharged exercised and performed by such person or authority, as may be specified in the notifications; Provided that the Government shall, before dissolving the Board, give a reasonable opportunity to it to show cause against the proposed action. (2) The Government shall before the expiration of the period of dissolution, reconstitute the Board in accordance with the provisions of section 3 and 4. (3) The Government may make such, incidental and consequential provisions as may appear to them to be necessary for giving affect to the provision of this section. (4) Any notification issued or order made by the Government under this section shall not be questioned in any civil court. (5) On the Board being dissolved under sub section : — (i) all properties and funds, which immediately before the said date were in the possession of the Board for the purposes of this Act shall vest in the State Government. (ii) all members shall vacate office as members of the Board, and (iii) all rights, obligations and liabilities including any liabilities under any contract of the Board shall become the rights obligations and liabilites of the State Government.

If any amount due to the Board in accordance with the terms of a contract or otherwise or any sum payable in connection there with, has not been paid, the Board may, without prejudice to any other remedy provided by law, recover such amount or sum as arrears of land revenue.

The Board shall be competent to write off losses up to Rs. 500/- in individual cases and not exceeding Rs. 5,000/- in the aggregate in any or all of the following categories: (a) loss of irrecoverable value of stores or of public money due to theft, fraud or such other cause; (b) loss or irrecoverable advance other than loans and; (c) deficiency and depreciation in the value of stores.