Andaman and Nicobar Islands act 001 of 1988 : The Andaman and Nicobar Islands Khadi and Village Industries Board Regulation 1988

.

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,

NICOBAR GAZETTE

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am

ANDAMAN ^AND

'

Wm

EXTRAURDINARY

n nrfim'rt é WEI?

Published

By Authority '

a'. 74, szz'

fiat,

3am ^Iosmear.¹⁹⁸⁸ No.

74,

PORT BLAIR, WEDNESDAY

10 AUGUST,

1938

ANDAMAN ^&NICOBAFI ADMINISTRATION

SECRETARIAT

NOTIFICATION

'

"

For!

main

dared the10|h

Augusr,1988, >

No. 71/88 ^F.

No,50»459/38 ^Dev.I.—Tne Andaman and Nicobar Islands

Khahi and VIllage

Induslnes

eoard

Hegulahon,

1

2' Definitions Establishincnt and incorpora- tion or Board Constitution at Board

'

(3) ^Itshall come'^intotorce^{onsuchdateasthe}Administrator^may, by

notifilqat'ionjn ^the

oificial

Gazette.

appoint '

'« ^"

H

2. ^Inthis

Regulation,

unless the

context otherwise

requires,— (a)

"Administrator"

means^the'Administrator^ortheUnion territory ^oftheAndaman^atNicobar islands

appointed by ^thePresi— dent under article 239 of the

Constitution;

(12)

"Board"

means^theAndaman^andNicobar Islands Khadi and

Vll|age

Industries

Board established under section

3;

(c) "bye-law"

means^a

Dye»law ^made

by ^theBoard under^this Regulation;

(d)

"Chairman"

means^theChairman ^ofthe

Board; (e)

"Commission" means^theKnadi^and

Village

Industries Commission

established under

section ^{4 ol the}Khadi^and

Village industries Commission Act, 1956; (ri'touncil'jmeens ^thePradesh Council constituted

under section3 ^{or the}Andaman^andNicobar islands

(Administration) Regulation,

1979; '

'

'- i (g)

"Khadi"

means ^anycloth

woven^onhandlooms in

India from cotton, silk ^orwoollen yarn handsnun

in

mm^orfrom^amixture of any two ^orall of such yarns; (in)

"member"

means ^amember^of the

Board; (i)

"Official

Gazette"

means^theAndaman and Nicobar islands Gazette;

(j)

"Prescribed"

means

prescribed ^by

rules^madeunder^this Regulation:

(k) "Vice-Chairman"

means^the

Vice-Chairman ^{or the}

Board;

0)

"Village

industries"means~ '

"

(i) ^Anyindustry specified ^intheSchedule ^totheKhadi^and Village

industries Commission^Act.1956;

(ii) Any

other

industry

which ^theAdministrator^may, after

consultation ^withtheCommission^{and the}

Board]

speCliy ^by notification ^intheOfficial

Gazette.

CHAPTER ^II

'

The Andaman and Nicobar Islands Khadi

and

Vlllage

Industries Board

'

3.

(1)

With effect ^lromsuchdate as the Administrator may by

non- ilcation ⁱⁿthe' Official

Gazette,

appoint ^inthisbehalf,

there shall ^be established ^aBoard ^tobecalled ^theAndaman and Nicobar Islands

Khadl ^and

Village

industries Board. mg) ^TheBoard shall ^{bea body}

corporate^by the ^nameaforesaid, having perpetual

succession ^{and a}common'seai, with power, subject

to the

provisions

of this

Regulation,

to

acqurre, hold and

dispose

of property,

'both movable and immovable,

and^to

contract, and shall

by the said ^namesueand be sued:

'Provided ^{that no}immovable property belonging to the Board

shall ^beleased; ^{sold or}transferred, in any

manner, ^to

any person

other than the Commission,

except with ^the

previous approval ^orthe Administrator,

,

v

III;

ANDAMAN

A'ND

Incas/tn

exrhAonomIgIay. ^AUG 10,-1S§8t

sIratormay,

after

consultatIon with^the

Com

ission nomin'ai'é't'h'a' Chairman ^ofthe

Board Ir'om among "'Ih'a

'riiamb'ers other than

those

referred

to_

in

clause

(hi

of sub-section

(2)}

qt

sectiorI4, who shall exercise and

pericrm ^suchpowers and duties ol thea a as

may be

prescribed

and another member to be the Vice- Chairman oi the

Board

who

shall

exams: and

perform ^such

powers and duties of the Chairman^as

may ^be

prescIibed ^{oras maybe}

delegated ^to

him ^by the

Chairman.

5 The

Administrator

shall

appoim,

after

consultation with the '

an ^a

member,

other than the

Chairman

and the Vice Chairman,

to

59

he

Secre

ry of the

Board who

shallflexercise and

perform such powers and duties '0! the Board as

may be

prescribed or as

may,b_e

delegated

l'? ^him

by

yhe Chairman

7

Any

member may resign

his

office

by

gi mg notice in

writing ^to the

Adm histr'oto'r ^end on such

resignation beliig notiIie'd III the'

oiricial' GazeIIeby iii'e A in'istrator,'

'shail^bedemed

to ^have

vacaté'd

his' office.

"

' ^'

"

8 No

act

or

proceeding

of

the

Board

shall

be invalid

merely

byreason

at—

(a) any

acancyin, ^{or any}

defect ^inthe

const'utic

otrhe Board;_'or'"

' '

' '

"

' " "

" '

"

(b) ^anydefect^inthe

apporntment ^ata

person

acting ^asa member of this ':Beard ^or '

icy ^any

Irregulartly III

the

procedure ^of

Ilia Board ^not

aflectirtg the merits of the

case'

9

(1)

The Administrator shall

appoint

a

person,

not

boinga member, ^tobe

the:

FlnanCIal Advisor^andChief Accounts

Officer

of the a'oara ^who

shall

exermse anal

perrorrn such 'pawers

and

duties

of Ili'e Board

as

may he prescrib

ct.

(2) ^TheAdministralor shall^also

appoint'a person; ^not

being ^a member, ^tobetheExecutive

Officer ^{of the}

Board^whoshallexercise and

perform

such

powers

and duties of th

Board ^as

may be

prescribed or

as

may be

delegated

to him by

the I: airman.

10 The term of attic: and the terms and conditions of service of the

Chairman,

the

Vice-Chairman, the Secretary

to the

Board and

the other members and of the Financial Adviser and Chief Accounts Officer and me Executive omcer of

the guard

shall be such as

may be

prescribed.

11

(1) Subject

to such Iules

as

may be made

by

the

Administrator in this

behalf,

the Board may appomt such other officers and

employees as It

may

considernecessary tor Ihe' eihcienr

performance

ofltsf ction:

Provided ^thatno

person whose honorarium or maximum

salary exceeds

three

hundred

rupees par month

shall

be

appointed

byths Board except^withthe

previous approval

of the

Administrator.

(2) ^Theterms^andconditlnns ^aIservice^oftheoIIIcaIs^anriema- loyees

or

the

Board shall^besuch^as

may' ^be

aeraIr'n'i'r'Iaa^by

bye laws 12.'

(1) ^TheBoard

may

associate with itself ⁱⁿ

such

manner and ior such purposes ^as

may be determined

by bye-

laws, any person ^or

persons whose

assistance ^oradvice it may

desire in

complying

with any 01 the provisions ^orthis

Regulation. '

.

(2) ^Aperson associated ^withtheBoard under subsection

(1)

shall have Ina

right ^{totake part Inthe}

discussions ^{of the}

Board relevanl ^to me purpose for which he has been

associated,

but shalt' ^nothave the right ^to

vote,^andshall ^heentilled^toreceive

such

allowances^and fees

as

may

be

fixed

by

the Administrator Chairman and vice Chairman or Board

SacrcIary

Rosillmtion ^III office by

members

Vacancies ctc.. not to invalidale acts Ind pracec ding ^orBoard FIrIantIIIladI/Iscr and Chict

Acc- ounrs orrIcar and Executive Officer of Board 1mm of office and terms and mud

Ch Irntllla

secretary ^5' other

Incmhcrs. erc.

0"»ch ^and employees ^of noanl

Temporary association at pencils with Board lar

Particular pin- poses

4 THE AN'DAMAN

AND NICOBAR EXTRAORDINARY,

AUG. 10, 1938

Mcctlngs ^oi Board

Stand

imt

Finnnce Committee Appointment ^or other Commi- trees

Functions 0! Bo: rd.

'13. (1)"The

Board shall ^meetat such times and

places,

and shall, suprect ^tothe

provisions ^otsub-sections (2) and

(3),

observe such rules

of

procedure

in

regard ^tothe transaction ^ofbusiness

at ^its Meetings (including ^thequorum thereof) ^{as may} be

provided

by by~laws2 'Prpvided'that'tne

Board

shall

meet" ^atleast ^once in

every ^two months:

' i

' ' Provided

further ^that

when ^theChairman

decides that an

emergency meeting ^oftheBoard

shall^becalled in the

interest of the Board,

he shall ^fixthetimeand

place ^forthesame. ' '^'

(2)

The'Chairman, ^orinhis

absence the Vice-Chairman ^or,in the absence of

both,^anymember chosen

by

the members

present'irom among

them

'alves;

shall

preside at a

meeting

of the Board. '

(3) ^All

questions ^ata

'meeting of the Board shall ^bedecided by ^a maiority ^{oi the}

votes^ofthe members present and

voting ^andin the

case or an

equality

of

the votes, the Chairman, ^orin his absence, ^the Vice-Chairman,.or ^intheabsence, olbath,

the

person presiding. shall

have ^asecond ^orcasting

vote. '

(4) ^The

minutes ^ofthemeetings of ^theBoard shall ^bedrawn^up and recorded ^inabook ^tobe

kept'tor

that purpose, and shall ^belaid oeiore the ^next

meeting

or

the Board and

signed ^atsuch meeting by' the

presiding

otiieer thereon

(5) ^TheBoard shall

iorward to the

Administrator

and the Commission copies of the minutes of the

proceedings or any meeting

of

the Board within

liiteen

days

from ^{thedate on} which the minutes or

the

procee- dings ^ofsuchmeeting ^were

signed under sub-section (4).^y

14. The Board may constitute

from among the members

or the Board ³

Standing

Finance Committee relating to finances of the Board.

15. The Board may, from time ^totime,

appoint one ^ormore

commi- ttees for the purpose or securing the efficient

performance ^of

its. lunction, and

in

particular, ^forthe

purpose ^at

securing that ^thefunctions are

performed

with due

regard

to the circumstances and

requirements of khadi ^or

any particular

village industry and such Committees ^maybe appointed

for ^anyparticular area or areas. '

'

'

CHAPTER ^III

FUNCTlONS ^{OF THE}BOARD^,

16.

(1) Subject ^tothe

provisions of ^this

Regulation,

thetunctions of ^theBoard shall

generally ^{be to}

plan,

organise and

implement

prog- rammes for the development

of knadl and

village

industries,

(2) ^In

particular ^andwithout

prejudice ^to the

generality

of

the foregoing

power, ^theBoard^may take such steps ^asit^maythink

fit—-

(a) ^toassist,

promote ^andencourage the

production

of

khadi or the

development

of

village industries; to) ^to

carry ^ontrade ^inandbusiness of, khaoi, ^or

products

or village

industries:

.'lv ,

(c't'o provide ^{work to}

persons professionally

'engaged in the production ^orkhadi^orin

village industries; ,_ ^.

> .

(d) ^to

grant

loans ^tolndividua|s

societies and

institutions engaged ^inthe

production ^of khadi ^orin

Village

industries:

(2) ^toencourage establishment of

co-operativs

societies

ior khadi or'

village

industries:

i _

(t)'to ^{plan and}

organise

training of persons employed ^or desirous ^of

seeking

employment ^inthe

production of khadi ^orin village

industries: ^.t

.

,

) ^tomanufacture implements required 'tor the

production

at khadi or tor

village

industries;

(h) ^to

arrange^for

supply of raw materials

and

imlalemem

requi- red ^to

secure^thedevelopment ^of khadi ^orat

village

industries;

THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETIEIAUG. 10,

1988 ⁵

i) ^toconduct

publicity ^and

propaganda ^orkhadi^or

products of

village

industries

and for

this purpose arrange ^to

open shops, stores emporia

and exhibitions: . ,, _ Ir(l)

to underlakn and oncourupo research tor Ii-Ia

improvarnent otquality ^and

marketability ^orkhadi ^or

products ^of

village industries:

I

(k)

to collect and

publish,

such statistics and in such manner. as

may

be

prescribed, relating ^tokhadi^or

village

indusuies;

(I) ^to

carry ^{out any}other

matters incidental^to

the above

.

functions. -'

17 Intna

carrcrmanca

ofits runctions under this

'Reouiation

the Powerof Board shall be bound

by

such directions as the Commission may Com ^anto

gwe ^m

it. give dtrccnons.

,I CHAPTER

IV^.

. .

'

'

'- Programme For Schemes

0f} Work

18.

The

Board

shall prepare,ⁱⁿsuch ^formand^atsuch time ⁱⁿsachi

Preparation ^and tinancialnyEar ^{as maybe}

prescribed, its'programme'of ^{work forthe}

"WW" '7' next financial

yearshowing— WWW"

(a) ^the

particulars ^oftheschemes which^theBoard proposes to

execute

whether in part ^or

whole;

,

(u) ^the

particulars ^ofanyworkor

undertaking

which^theBoard proposes ^toexecute tor the purposes of

crrrying ^outits'

functions under ^this

chuiation;

(c) ^such

other

particulars ^{as maybe}

specified ^{by the}Admini- strator; and iorward the same, before such date^as

may be presc- ribed, ^totheAdministrator ^andthe

Commission 19.'The Administrator may after consultation with the

Commission,

Sanctmn^or approve the programme referred^toin section 18 with^orwithout

del-

Drawn":

licatian.

20. The Board may prepare, insuch form and forward beiore such Supplcmcntary date

as'may

be

prescribed,

its

supplementary programme tor the approval

vrosllmmv of

the

Administrator

and the

provisions

at section 18 shall

apply ^tosuch supplementary

programme. 21' ^'TheBoard^{may,with the}prevrous approval ^orIheAdministrator Powrrof

Board make any alternation

in any programme

or

supplementary

programme '° "W

9""

so

long

as the

aggregate

amount does not exceed

the amount

approved mm"

for such programme and^a

report

ct such alteration shall be forwarded ^to the Commission in

such

iorm and within such time^as

may be

prescribed.

. n

CHARTER

V

' Finance. Accounts, Audit ^Arid

Reports 22,,Tlte

Administrator^maypayto^theBoard^Ineach

financial ^year

Payment ^to gr'ams ^andloans^{ofsuchsumsoft}money ^ashemay'consider necessary 30""

for the efficient Performance of tits functions under this

Regulation.

23. The Board may, for the purpose of

development

of kliadi ^orBoard ^toreceive viiiage'industries ^orthe

development ^of

khadi^and

Village

industries, IRWIN".

"9' receive

gills. grants,

donations, benefactiuns from^theGovernment or

any other

person

24.

(1) Suspect ^tosuch

rules^as

may be made

in

this behalf Ieh

gggg'vgfimm Board

may,

withthe

previous

sanction

of ^the

Administrator,

borrow money from any

source ^asit may deem fit for

performing

its functions

under this

Regulation- ^, Provided ^that

the

previous

sanction^oftheAdministrator shall ^notbe necessary for

borrowrng

money from the

Commission.

5

5 THE ANDAMAN AND NICOBAR EXTRAORDlNARY GAZETTE AUG. 10, 1933 Ftutlis at Board

Power or Board

to

spend Eflablishmcnl ^of Reserve Fund budget

(2) ^TheAdmi'strator^mayguarantee ^insuchmanner, ^ashe thinks lit, ^the

repayment of^the

principal

and ^the

payment ^ofinterest thereon with

respect

to loans burrowed

by

the Board

under sub-section

(1).

25

:(l)'The

Board shall

haverhree

eeperate Funds^tobecalled ^the Khadi' Fund, ^the

Village

Industries^{Fundand the}General^'and Miscellaneous

Fund

(2)

There shall ^he

credited—

(a) ^totheKhadi

Fund, ^allsumsreceived ^{by the}

Board ^torpur- poses-

relating

to

Khadi; » -

r

(b) ^tothe

Village

industries

Fund, ^{all sums}received

by' ^the Board

tor

purposes relating ^to

village

industries;

,

r

(c) ^totheGeneral ^andMiscellaneous Fund. ^allother^sums received

by ^theBoard ¹ Provided ^thatifthe

amount available ⁱⁿ

any^{of the}side

Funds^is in excess of the

requirements

of that Fund and

the

amount available

in any other of the said Funds is insufficient ^tomeet the

requirements

of that

Fund,

'the Board may, with the

previous approval ^oftheAdmini- strator, transferrrom the first. mentioned Fund the

excess amount or such

part thereof^as

may be necessary ^tothe other Fund, '

Explanation

:——For^thepurpose^or

computing ^the

amount^inanyof the side

Funds,

the amount received under section 23

shall ^notbe taken into

account.

(3) ^Allmoneys belonging ^toalltheFunds referred ⁱⁿⁱⁿsub~section

(1)

shall^be

deposited ^intheState^BankatIndia^orinsuchcorrespon- ding new ^{bankas maybe}

specified by ^theAdministrator ^or, where there

is no such

bank,

in any Government treasury, ^orbe invested in such securities as

may be

approved by ^theAdministrator, '

Explanation

:—"Corresoonding ^newbank"^has

the'meaning'assigneo to it in

clause

(da)'of

section

5 of the

Banking Regulation

Act, 1949.

(4) ^Thesumscredited under sub-section

(1),—

(a) ^totheKhadi Fund,

shall ^be

applied ^forthe

purposes relating to khadi;

(b) ^tothe

Village

industries Fund,

shall^be

applied for the purposes relating ^to

village

industries -

(c) ^totheGeneral ^andMiscellaneous Fund, shall be

applied for the purposes relaling ^tokhadi and

Vlllage

idnustries

and for meeting ^the

salary,

allowances ^andother remuneration ^ofthe'Chair- man. ViccsChairman,

Secretary,

Members. Financial 'Adviser and Chief

Accounts

Officer,

Executive Officer

and

other officers and employees ^oftheBoard^and

other administrative expenses of the

Board:

26.

Subject ^tothe

provisions

or section 28,

the Board shall have

power ^to

spend

such^sumsasit thinks lit ^on

purposes authorised

by ^this Regulation ^:

Provldodtthat nothing ^inthis

sectlon shall ^bedeemed ^to

prevent the Board

from

spending,with ^the

previous approval ^oftheAdministrator, such sums of money ^asit thinks

(it^{on any}such

purpose outside ^the Union territory ^oftheAndaman^and

Nicobar Islands.

27.

'

(1) ^TheBoard^{may,from time to}

time, set

apart

such

some as many be directed

by

the Administrator to a Reserve Fund

(2) ^The

Reserve^Fundshall ^be maintained ^insuch

manner^{as may} be

prescribed.

(3) ^TheReserve^Fund

shall ^be

applied tor the purpose of, setting

off of

irrecoverahle

loans^andlosses, and

direct

trading

activities.

28.

(1)

The Board shall prepare, in such form and ^atsuch time ⁱⁿ each financial year ^{as maybe}

prescribed,

its

budget for ^thenextfinancial year showing

the estimated receipts and

expenditure

oi

the Board

and lorward ^{the sametothe}Administrator.

,

THE ANoAMAN ^AND

NICOBAR'EXTRAORDlNARY GAZETTE Auc,

io,'

1933

7,

(2) ^TheAdministrator may sanction ^the

Budget ^withorwithout modifications as he deems fit

(3) ^TheBoard shall^notbecompetent ^to

transler any

amount sanc- tioned roi one scheme ^to

another

scheme,— (a)

where^theamountsⁱⁿ

respect^atsuchscheme^areallotted by ^theCommission wrthout^the

previous approval ^ofthe

Commission;

(b) ^inanyother case, without^the

previous approval ^oflhe Administratori

29. The

Board may, in any financial year, prepare supplementary Supplcmenmry Budget ^insuchtorrn^{andatsuchtimeas}

may^be

prescribed ^andthetrouser provisions ^ofsection²⁸shall

apply ⁱⁿrelation^{to such}

Supplementary Budget.

30,

(1)

The Board shall maintain proper

accounts and other relevant

Accounlt ^and records ^andprepare ^an

annual statement of accounts in snch form as And"

may be determined

by

theAdminrstrator in consultation

with the

Regional Audit

Office,

Port alair under the Accountant General

(Central),

Calcutta.

(2)

The

accounts^oftheBoard shall^beaudltad

by ^the

Regional

Audit Officer. Port

Blair under^theAccountant General

(Central),

Calcutta or such other person ^asthe

Administrator,

in consultation with the said oilicer, may appotnt, ^andany expenditure

incurredⁱⁿconnection^with such audit shall be

payable by

the Board to the

Accountant Genearal (Central),

Calcutta,

(3) ^The

Regional

Audit

Oflicer, ^PortBlair^or

any other person appointed by ^himinconnection^withtheaudit^ortheaccounts^ofthe Board shall have the same

rights

and

privileges

and

authority

in connec- ction with such

audit^astheofficer

generally

has in connection with the audit of Government accounts and, in

particular,

shall have the

right

to demand the

production ^of

books, accounts, connected vouchers & other documents & papers at to

inspect any of the offices of the

Board.

(4) Notwithstanding anything

contained ⁱⁿ

subsection

(2), ^the Commission shall ^havethe

right ^toaudit and

inspect

the accounts of^the Board

pretaining

to the

amounts

paid

to^theBoard

'by ^itandtheBoard shall

comply ^withsuch directions^asthe Commission may issue ^inthis regard,

(5) TJte

accounts^oftheBoard^ascertified ^{by the}

Regional

Audit orhcer ^or

any other person referred^toinsub-section

(2) together ^wrth the audit report

thereon

shall

be

,lorwarded

annual^tothe Commission and to the Administrator who shalloause the^sametobe laid before the Council:

'

(6) ^TheBoard

shall

comply ^{with such}

directions^astheAdministra- nr

may issue after

perusal

of the

audit

report, ^,

31:

(1)

'l'he Board shall

prepare, ^{in suchformandsuchlime in}

Annuulmport, each

financial'vearas may^be

prescribed, ^itsannual report

giving

full ^arc. account of

its activities

during

the

previous

financial year and

forward acfipy thereof ^tothe Administrator

and the Commission within three months from

the and of

the

previous

financial year.

(2) ^TheAdministrator shall'cause ^theannual

report ^tobe

laid. as

soon

as-

may be atter it is received

by

him,

before the Council. (3)'

The

Board shall furnish ^totheAdministrator ^andthdCommission. at such time and

in such form and manner such returns and statements and such

particulars

in

regard ^to

any proposed ^or

existing programme tor the

promotion

and

development

of khadi and

village

industries, as the Administrator

or as the case

may be,

the

Commission may, from time to time

require,

(4) ^TheBoard shall prepare ^and

forward^totheCommission^a report

within^sixmonths from ^theendofthe

previous

financial year giving

details ^orthe— (a)

amounts received

by ^itinthe

previous

rinancial^year from. ^the

Commission;

(b) ^the

activities carried^out

by ^itwithrespect ^towhich such amounts ^were

received.

8 THE

ANDAMAN^ANDNICOBAR EXTRAORDINARY

GAZETTE AUG.

10, ¹⁹⁵⁰

CHAPTER Vl MlSCELLANEOUS lrl

Mum'c'sr

32. All members.

Secretary,

Financial

Adviser

and Chief Accounts

4501' "460 $65335,»

ottioer,,Executtivo

otiicer ^andother officers^and

employees ^{or the} be

public"

Board

shall;be

deemed, when

acting or

purporting

to act in pursuance servants. of the

ptowsions

of this

Regulation,

to be

public

servants

within the

meaning

of section 21 ^ofthe Indian Penal Code. Zifir'f'fii'g" ^33.No

suit, prasecution ^orothet

legal proceeding

shall^lie my."

faith.

against ^theAdministrator^{or the}Board^ortheChairman orthe

Vice-' Chairman or

any member

orSecretary

or Financial Adviser and Chiel Accounts Officer or Executive officer

or other officer or

employee of ^the

Board tor

anything

which is in

good

tarth done or intended to be one under this

Regulation

or the

rules or

bye-laws

made thereunder '

'

rowan»

34

(1) 'lt the Administrator is of the

opinion

that the Board is supersede

Board'

unable to

perform,

or has

persistently

made defaultin

theperformance of, ^the

duty

imposed ^onit

by ^orunder^this

Regulation ^athasexceeded or

abused' its powers,

or has

wilfully

or without sufficient cause, failed to

comply

With any direction issued

by

the Commission under section 17 or

by

the

Administrator under sub-section

(6)

of section

30,

the Administrator may,

by

notification

in the

Official Gazette, super— sede the Board for such

period

as

may be

specified

in the notification:

Provided that before issuing

a notification under

this

sub—section, the

Administrator shall give

a

reasonable time to the Board to

show, cause

why

it should not be

superseded

and shall consider the

expla- nation

and'objeclions, ^ifany,^of

the Boatd.

(2) Upon ^the

publication ^of

notification

under

sub-section ⁽¹⁾ supperseding ^the

Board,— (a)' all^themembers ^oftheBoard shall. notwithstanding ^that their term of office had not

expired,

as from

the ^dateof

supersession, vacate their

offices^assuch

members:

(b) ^allthe

powers ^andduties which^may,by ^orunder ^the provisions ^ofthis

Regulation, ^beexercised ^or

performed ^{by oron}behalf of the Board

shall,

during ^the

period

of

supersession. ^beexercised and performed ^{by such}person ^astheAdministrator^maydirect

(c) ^allproperty

vested^intheBoard

shall,

during ^the

period ^of supersesslon, ^vestin the

Administratqt (3)» ^{0n the}

expiration ^ofthe

period ^of

supersossion specified in the

notification

issued under

sub-section

(1). ^the

Administrator^may— (a)

extend^the

period ofsupeisession ^forsuchfurther

period as he

may consider necessary;

or '

(b)

reconstitute^theBoard^inthemanner

provided ⁱⁿsection^3. MM" ^°r

35.

lfany

amount due to the Board in accordance

with the terms

"m"

of a contractor otherWIse orany ^sum'

payable

in conection therewith has not been

paid.

the Board may,

without

prejudice ^to

any other remedy

provided

by ^law,recover^suchamount^or

sum ^asarrears^atland revenue,

1' '

PW" 1° W"

as

,(1)'

The Board may, after

prior consultation

with the Financial

""1""

Adviser'and'crriet

Accounts otrrcer ^tothe

Board,

write^otilosses upto ^onethousand rupees in

individual cases

falling

under^{any orall} ofrhe

following categories, namely ^:—

,

tr.

.

(a) ^lossoritrecoveraole

value^ofstores ^oroi

public money^due to

thett,

fraud^orsuch

other cause; to) ^lossofirrenoverable advance other^than

loans: ^and '(c)

deficiency ^and

depreciation ^intheValue^ofstores

u '>

THE ANDAMAN

AND NWZOBAR

EXTRAORDINARY

GAZETTE^AUG.10,

1938 ⁹

(2) ^TheBoard shall take suitable acrion

against

the

persons

respon-

,

sible for ^thelossand shall also send ^tolhe Administrators detailed '

report together ^with the

action taken

against ^me

persons, it any, responsible'for ^the

loss.

.

Explanation—Nothing

contained in this

Regulation

shall

apply to

losses' occasioned

by lrrecoverable loans and losses exceeding one

thousand

rupees^ineach individual

caseand

sanction

ofihe Administrator shall ^beobtained

betcre such

loses ^arewritten otr.

37. The

Board ^may,try general or

special

order in

writing, delegate Delegatlcn.

to

any member

or officer of the Board ^or

any other

person, subject ^to such conditions

and limitations, it any, ^{as may}be

specified in the order, such of ^its

powers

and functions under Regulation,

(except ^the

powers under section 39) ^{asit may}deem necessary.

,

'

38.

(1)

The Administrator

may. by notification ^intheOiliclal Power-to

v/ Gazette, make

rules ^to

give effect to the

pronsions

of this

Regulation. mun-"L

(2) ^In

particuiar, ^and without preiudicerto

the

generality of ^the

ioregoing

power,^suchrules^mayprovide tor all ^{or, any}of the following

maters, namely ^:-

'

,

a)

the

powers which may be exercised

and

the duties which

may be

performed

by

the Chairman and Vice-Chairman under section ^5;

(o) ^thepowers

which^may be exercised

and duties which may he

pe

ormed

by the secretary of the Board under section ^5:

'(c) ^the

powers

which^maybe exercised ^andtheduties which

maybe periormed ^{by the}Financral Advisor and Chiel

Accounts officer and ^theExecutive Oiflcer atthe Board under section 9:

(d) ^thetermof

office^andthe terms and conditions

of servrce at the Chairman, the Vice-Chairman, the

secretary; other members yr

of the Board, ^theFinancial Adviser and Chief

Accounts Officer and

the Executive

Oificer under section

10:

(e) ^thenumber, ^thecontrol and restrictions subiect ^towhich other

oltlcers and

employees ^ofthe Board ^tobe

appointed

under section 11;

(1) ^thestatistics and ^the

manner^ofcoilectlon and

publication there oturroerciaus

(k) or sub-section (2)

or seclion16;

(g) ^theformin which, and ^{thetime at}which, the Board shall

prepare ^its

programme of work and ^thedate before which snah

programme

shall be forwarded ^tothe Administrator and the Commi-

ssion under section 18; (h). ^theforminwhich

the Board

shall

prepare ^its

supplementary programme ^and date before

which

such supplementry programme

shai|be forwarded ^tothe Administrator under section

207

'

r

(i)

the form in which the Board shall

prepare report relating

to alternation or

programme and ^thetime Within which such report

shall ^beforwarded ^tothe Commission

under section^21;

(i) ^the

procedure to be followed

and

the conditions to be

observed ⁱⁿborrowing

money under

sub-section (1) ^of section 24;

(k) ^the

mannerⁱⁿ which ^theReserve Fund shall be maintained

under sub-section (2)

of section 27;

(I) ^{theterm in}which, and ^{thetime at}which, the Board

shall prepare ^its

budget under sub-section (1)

of section 28, ^its

supple- mentarv budget

under section 29 and ^itsannual report under ^sub-

section

(1) ^orsection 31; (In) ^anyother

matter which is ^tobe, ^{or may}be,

prescribed or

in

1D

'

i

WE

ANDAMAN

AND NICOBAR EXTRAORDINARVflGAZE'i-FE

AUG 10,

1990

Powerpmaka ^{as. (l) The} Board may,^withthe

previous approval of ^the

byc'ilwat Administrator, by

notification in the Official

Gazette, make bye-laws, not inconsistent

with the

provisions of this

Regulation

and

the rules made under section 33,

generally to

carry

out the

purposes of this Regulation,

(2) ⁱⁿ

particular ^and without

preiudice ^tothe

generality of the

foregoing

power]^suchbyelaws may provide

for all ^or

any of the lollowing

matters, namely ^:-

v

(a) ^the

terms^and conditions ^ofservice of

alficers and

employees ^oftheBoard under sub-section (2) ^orsection 11;

(b) ^the

mannerⁱⁿwhich and the purposes ^forwhich, the Board

may associate

with itself any person under sub-section (1) ^ol sectioan; ^,

.

(c) ^the

times^and

places at which

meetings

of the Board shall

'

be held and

procedure

to be followed

there ^{atand the}number, of

members

which shall ^form a

quorum

at a

meeting under sub-section

(1) ^ofsection ¹³ Rules and

bye. '

40.

Every

rule and every bye-law made

under ^this

Regulation

shall laws ^tobe laid

before Parliament be laid, ^{assoon as}

may be alter

it is made, hefnre~each Housetof

Parliament,

while ^itisinsession, for ^atotal

period

Of

thirty days which

may be

comprised

in one sessmn ^urin

two ^ormore successive

sessions, and if, before ^the

expiry

of the session immediately

iollawmg the

session ^orthesuccessive sessions aforesaid,

both

Houses

agree in

making ^anymodification ⁱⁿ the rule ^or

bye-law ^orthe both Houses

agree that ^therule or

bye-law

should

not be made the ^{rule or}

bye~|aw shall

there after ^have effect only ⁱⁿ

such modified

[form or be

DC

no effect, ^{asthe casemay}be; ^so, however] that^anysuch modification ^or annulment shall ^bewithout

prejudice to the validilytof.

anything previously ^doneunder that rule ^or

hyedaw,

R. VENKATARAMAN,

'

President,

R. VENKATARAMAN

Additional Secy.'to ^theGov'r. -

or lndi

I

my .4-

.,

10