section 3
Constitution of Board of Industries
The Odisha State-Aid to Industries Act, 1978General197839 sections5 chapters
Chapter II GENERAL PROVISIONS REGARDING THE GIVING OF STATE-AID
Statutory text
- (1) The State Government shall constitute a Board of Industries consisting of the following members, namely: -
- (a) five members to be elected in the prescribed manner by the State Legislative Assembly from among its members: Provided that in the case of dissolution of the State Legislative Assembly, the members elected under this clause and holding office on the date of such dissolution shall continue in office till new members are elected by the said Assembly after its reconstitution;
- (b) five members to be elected in the prescribed manner, one by each of five such associations or other bodies as the State Government may select as best representing any particular class of industries or commercial and allied interests;
- (c) Secretaries to the State Government in the Finance, Irrigation and Power and the Industries Departments, the Director, the Registrar of Co-operative Societies, the Managing Director of the State Financial Corporation and the Managing Director of the State Small Scale Industries Corporation who shall be ex-officio members; and
- (d) five members to be appointed by the State Government of whom at least two shall be from such areas of the State as declared, from time to time, by the Government of India to be industrially backward areas.
- (2) The Chairman and the Secretary of the Board shall be appointed by the State Government from among the members of the Board.
- (3) The names of the members who have been elected or appointed shall be published in the Official Gazette.
- (4) Save as otherwise provided in this Act, a member elected under clause
- (a) of sub-section
- (1) or appointed under clause
- (d) of that sub-section shall hold office for a period of three years commencing from the date of publication of his name in the Official Gazette: Provided that the State Government may, from time to time, by notification, extend the said term of office by such period not exceeding one year at a time, as may be specified in the notification, so, however, that the total period of extension shall in no event exceed two years.
- (5) Any casual vacancy in the membership of the Board shall be filled up by election or, as the case may be, appointment in the same manner as is provided in sub-section
- (1) and the member so elected or appointed shall hold office for the unexpired term of his predecessor in office.
- (6) The Board shall, for the discussion of any particular question coming up for consideration before it, have power to co-opt experts specially qualified to advise on the matter in question or having special knowledge of local conditions in any area where the industry in question is situate: Provided that a member so co-opted shall have no right to vote.
- (7) No member of the Board shall vote or take part in the discussion of any question coming up for consideration at a meeting of the Board if the question is one in which he or his partner or relatives have any direct or indirect pecuniary interest or in which he is interested professionally on behalf of a client or as agent for any person other than the State Government, the Central Government or a local authority. Explanation --For the purposes of this section, the expression " relative " shall have the same meaning as assigned to it under section 6 of the Companies Act, 1956.
- (8) Whenever the Secretary to Government in the Finance Department is unable to attend any meeting of the Board, he may nominate any officer of that Department, who shall attend such meeting and shall have the same rights and privileges as the said Secretary has in respect of such meeting.
- (9) No act or proceedings of the Board shall be deemed to be invalid merely by reason of the existence of any vacancy in the Board.
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