Himachal pradesh act 016 of 1991 : Himachal Pradesh Scheduled Castes and Scheduled Tribes Development Corporation (Amendment) Act, 1991

Preamble

Himachal Pradesh Scheduled Castes and Scheduled Tribes Development Corporation (Amendment) Act, 1991*

[Himachal Pradesh Act No. 16 of 1991]1[20th October, 1991]

An Act further to amend the Hiinachal Pradesh Scheduled Castes and Scheduled Tribes Development Corporation Act, 1979 (Act No. 20 of 1979).

Be it enacted by the Legislative Assembly of Himachal Pradesh in the Forty-second Year of the Republic of India, as follows:-

1. Passed in Hindi by the Hjmachat Pradesh Vidhan Ssbha. For Statement of Objects ans Reasons see R.H.P. Extra., dated 12-9-1991, P. 1949 and 1953.

* Received the assent of the Governor, Himachal Pradesh, on the 20th October, 1991 and was published in Hindi in R.H.P. Extra, dated 21-10-1991 P. 2349-2350 and in English in R.H.P. Extra., dated 21-10-1991, P. 2351-2352

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Hinachal Pradesh Scheduled Castes and Scheduled Tribes Development Corporation (Amendment) Act, 1991.

(2) It shall be deemed to have come into force on the 10th day of July, 1991.

Section 2. Amendment of section 5

2. Amendment of section 5.- In section 5 of the Himachal Pradesh Scheduled Castes and Scheduled Tribes Development Corporation Act, 1979 (29 of 1979) thereinafter called the principal Act; for the words "ten crores" wherever these occur, the words "twenty crores" shall be substituted.

Section 3. Insertion of section 16-A

3. Insertion of section 16-A.- After existing section 16 of the principal Act, the fallowing section shall be inserted, namely:-

"16-A. Conferment of additional functions on the Corporation.- (1) Notwithstanding anything contained, in this Act, the Governor may, after consultation with the Corporation, entrust either conditionally or unconditionally to the Corporation or its officers additional functions in relation to the social security or social insurance or uplift of the weaker sections of the society in the State.

(2) The Governor may, by order in writing and after consultation with the Corporation, confer on the ??? such powers of supervisory nature oyer agencies, authorities or officers set up, constituted or appointed by the State Government as are necessary for providing social security or social insurance and uplift of the weaker sections of the society in the State.

(3) When any additional functions are conferred on the Corporation under sub-section (1), the Corporation shall exercise the same powers, discharge same duties and perform the same functions, as it would have exercised in discharge of duties and performance of functions assigned to it under section 16 and the provisions of this Act shall apply accordingly.

(4) Where by virtue of this section powers and duties had been conferred or imposed upon the Corporation, or officers or authorities thereof, there shall be paid by the State Government to the Corporation such sum as may be agreed in respect of any extra costs of administration incurred by the Corporation in connection with the exercise of those powers and duties."

Section 4. Amendment of section 17

4. Amendment of section 17.- In section 17 of the principal Act-

(a) for the word "six" wherever it occurs in its heading and body, the word "seven" shall be substituted;

(b) in clause (e) the word "and" occurring at the end, shall be omitted;

(c) in cluse (f), for the sign "the sign and word and" shall be substituted; and

(d) after clause (f) so amended, the following clause "(g) shall be added, namely:-

"(g) Additional Functions Fund."

Section 5. Amendment of section 18

5. Amendment of section 18.- In section 18 of the principal Act, for the figures and word "22 and 23", the figures, sign, word and alphabet "22, 23 and 23-A" shall be substituted.

Section 6. Insertion of section 22-A

6. Insertion of section 22-A.- after existing section 23 of the principal Act, the following new section 23-A, shall be added, namely:-

"23-A.- Additional Functions Fund.- All amounts that are received by the Corporation from the State Government or from any other source for the performance of the additional functions assigned to it under section 16-A, shall be credited to this fund and it shall be used by the. Corporation for the purpose for which such amount has been provided."

Section 7. Repeal and savings

7. Repeal and savings.- (1) The Himachal Pradesh Scheduled Castes and Scheduled Tribes Development Corporation (Amendment)) Ordinance, 1991 (1 of 1991) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance repealed under sub-section (1), shall be deemed to have been done or taken under the corresponding-provisions of this Act as if this Act had come into force on the day on which such thing was done or action was taken.

SECTIONS