Chapter V MISCELLANEOUS

1. (1) If at any time it appears to the State Government that the Board is not properly performing the duties imposed upon it by or under this Act, it may, after considering the explanation, if any, offered by the Board, by an order in writing, stating the reasons for so doing, declare the Board to be superseded for such period as may be specified in the order and direct that the Board shall be reconstituted by such fresh election in respect of elected members and by such appointment in respect of appointed members.
2. (2) During the period intervening between the date of an order under sub-section
3. (1) and the reconstitution of the Board, the powers and duties of the Board shall be exercised and performed by such person and in such manner, as the State Government may direct.

If the State Government is satisfied that any member of the Board elected under clause

1. (b) of sub-section

1. (1) of section 3 or appointed under clause
   • (d) of that sub-section has-
   • (a) failed to attend three consecutive meetings of the Board without sufficient cause ;
   • (b) taken part at a meeting of the board in violation of the provisions of this Act or the rules made thereunder ; or
   • (c) conducted himself in a manner causing hindrance to the smooth functioning of the Board, it may, after considering the explanation, if any, offered by the member, by an order in writing, specifying the reasons for so doing, remove the member from office.

No State-aid shall be given to any industry, except Agriculture save in accordance with the pro- visions of this Act : Provided that nothing in this Act shall apply-

1. (1) to any State-aid given in the form of the grant of a loan to any industrial concern as defined in the State Financial Corpora- tions Act, 1951, through the agency of the State Financial Corporation in pursuance of clause
   • (ee) of sub-section
     • (I) of section 25 of that Act ; or
2. (2) to any State-aid given to a sick industry ; or
3. (3) to any State-aid in the form of a guarantee given to any industry which is a public undertaking ; or
4. (4) to the power of the State Government to start or conduct an industry for experi- mental purposes with a view to stimulating industrial development ;
5. (5) to assist an industry by giving free of charge or on favourable terms, the services of Government officials or experts either in the capacity of advisers or for a limited period not exceeding one year for starting or conducting such industry ;
6. (6) to assist an industry in connection with industrial education or the training of apprentices ;
7. (7) to acquire land under the provisions of the Land Acquisition Act, 1894, for a company ;
8. (8) to assist a company formed for the purpose of supplying electricity, gas, water or any other service which in the opinion of the State Government is likely to prove useful to the public ; or
9. (9) to assist a village industry in any manner which may be determined by the State Government. Explanation-For the purposes of this section-
   • (i) "sick industry" shall mean an industry which continuously fails to generate internal surplus and depends for its running on financial aid from outside ;
   • (ii) an industry shall be deemed to be a public undertaking if it is owned by-
   • (a) a Government company within the meaning of the Companies Act, 1956 ;
   • (b) any corporation established by law which is owned, controlled or managed by any Government ;
   • (c) a Grama Panchayat constituted under the Orissa Grama Panchayat Act, 1964 ; or
   • (d) A Panchayat Samiti constituted under the Orissa Panchayat Samiti Act, 1959.

If the owner of an industry or any other person to whom State-aid has been given in any of the forms mentioned in section 4, pays the money recoverable from him under Chapter III, or as the case may be, the instalments of rent payable by him under the provisions of Chapter IV in accordance with the terms and conditions laid down in this Act and the rules made thereunder, he shall be entitled to a remission on the rate of interest by two per cent.

Nothing in clauses (c),

1. (d) and
2. (e) of section 24, or in any other section which the State Government may, by notification in the official gazettee, specify, shall apply to the grant of a loan or the supply of machinery on the hire-purchase system involving the advance or expenditure of an amount not exceeding five hundred rupees to a person belonging to the Scheduled Castes or Scheduled Tribes or to a person whose annual income at the time of the application for State-aid did not exceed one thousand rupees, for the growth and develop- ment of small-scale industry or cottage industry.

1. (1) The decision of the State Government as to whether the conditions laid down in or under any of 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 such decision or any order made under this Act.
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.

1. (1) The State Government may, after previous publication make rules for carrying out all or any of the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, the State Government may make rules in respect of all or any of the following matters, namely:-
   • (a) the manner of election of the members of the Board and the conduct of business of the Board including the manner in which notice of the meetings shall be given, the quorum at a meeting and the recording of proceedings;
   • (b) the delegation of power to give State-Aid as provided in section 5;
   • (c) the manner of making applications for State-aid under sub-section (1); and all matters relating to the publication of such application and the submission and disposal of objections under sub-sections
3. (2) and
4. (3) of section 7;
   • (d) the manner of ascertaining the net value of the security offered and the percentage of such value which may be granted as a loan under section 8;
   • (e) the nature of the security to be taken and the conditions under which State-aid may be given under sections 8 and 9;
   • (f) the manner in which inspection of the premises, buildings, machinery and stock-in-hand of the industry is to be made, the mode of keeping and auditing the accounts and the furnishing of returns of any industry in receipt of State-aid under section 10;
   • (g) the guaranteeing by the State Government of cash credits, overdrafts, fixed advances with the Banks and debentures issued to the public, under section 12 and the recognition of Banks for this purpose;
   • (h) the authorities to whom and the conditions or restrictions subject to which the State Government may delegate its powers under sub-section
5. (1) of section 13 to terminate the State-aid and the period within which appeal may be preferred to the State Government under sub-section
6. (3) of the said section;
   • (i) the conditions and dates of repayment of subsidies and grants and the rate of profits under section 17;
   • (j) the application under section 18 of profits in the cases in which the conditions on which State-aid has been given, have not been fulfilled;
   • (k) the appointment and functions of Government directors under section 19 and the methods of control of industries to which State-aid has been given;
   • (l) the fees that may be charged under section 21;
   • (m) the percentage of the cost of machinery to be deposited under section 22;
   • (n) the additional particulars to be specified in the order referred to in section 23 and the conditions subject to which machinery may be supplied on the hire-purchase system;
   • (o) the form of the metal plate referred to in clause
   • (e) of section 24 and the conditions that may be imposed by the Director on any particular hirer referred to in clause
   • (g) of the said section;
   • (p) the proportion of the interest on the cost of the machinery payable under section 26 and the extent to which and the manner in which interest may be remitted under section 35;
   • (q) the recovery of any sum payable under this Act; and
   • (r) any other matter which is required to be or may be prescribed under this Act.
7. (3) Until rules are made under this Act, the rules made under the Bihar and Orissa State-aid to Industries Act, 1923 shall be in force in so far as they are consistent with the provisions of this Act.

-1 39.

1. (1) The Bihar and Orissa State-aid to Industries Act, 1923 is hereby repealed.
2. (2) Notwithstanding such repeal, anything done, any action taken, any State-aid granted, any appointment or delegation made, notification, order, instruction or direction issued or rule, regulation, form, bye-law or scheme framed under the Act so repealed, shall be deemed to have been done, taken, granted, made, issued or framed under the corresponding provisions of this Act.