. . - - दर - ' r o . - - ! - ' <y - T - - . 1 - *:.-- . . L - _" '.I "-. , _ ] I . ‘I ] LoE e - * ... . - .- . - = T = - b " - - ': 1-'.."'1- r कि : - - ही - ok LT e oy - I- r II-., _'Jl‘..,.-.‘"l .It - . < -fi,__.. ' . - - | “कय- व गढ़ . ] .. . , i न चाहने, डा = * . . ¥ L] ’ » PO « _ - . .r व - हि w0 T ! -1 ~ " . -I_‘ ‘l'.-i ¢ T ; | - " - 1 o - . " - . - - ! * - ". ' - - - ' - 1 ’ : ., हर - . ' - * - a ) * - - ' r - = 1 . .- " b II'. i . . ' —— 1 N .y हि - न." गा - * . न - L हा - | _ o a . . L 4 1 - . o = न . K i = - . e = - दि - I . ) " - . L - T - GOVERNMENT OF GUJARAT ‘ जन - , f - - F 5 r . o - ) o0 . - - ! - - B n . ' : LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT i 1 -‘ - " - .. - . - _ - - - 1 - ) . ' i v B —_ 1 द गन पा - " r . - — ' . . . ¢ - f r ! . " . d - - 1 .- : - ) ! - _ ._ = . . - न ० - . - - - . e . . . . 1 . . - - ’ - . हि कि ही o " t. A..' हि - . . - * ’ r‘ ' . » i . - = r oL - . - - - . " . . " L n - ' - - The Gujarat Scheduled Castes - R I (As modified upto t_hcj.l“ December, 2001) . Y --’f | . P - | 1 : नाप * ः | | 1 : I- .4 L , * | ) h ' . - | B ; ‘4 ..-._"- o A ही - ) o - ः - « | v ' - -r; हैँ . ०. Puivrep IN INpia By THE MaNAGER, GOVERRMENT PrEss, RAIXoT, - B . R - - . - . ' ' ! - 1 - . - . . : | | - , . v . - - = |. ) | - . " . - - ' § d . ! - - ! ' - s ' - | ’ h . ' ml' . . - ' - . 4 1 4 | . - . , . _ . ' a - न - - - - - " r . . » A 1 =t e गा Lo ' ' [Priu : Rs. ] - - r - . - 2 - - - - L - - - . ¢ b - r - . - 1 T . - . - - . i e . . ' . - i - Sl - - की ’ 4, - Vet पा, - . - . - - . ..i_!-'.-. i - = B . L - - - - '..... -fi'-‘ 1 - 1 1 & - - - s - _--.-. .'-"'-\. ' - - . . . . . 1 - i . ‘-J—'- ..... -. ‘ - r. - J‘- . - - B - कक - L . एक " . . - - - . - - ; 2 - LY v . - L - N . - » ¢ - - " . * r - = - . e "लय
| TR AR GOVERNMENT OF GUJARAT LECISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT ‘Gujarat Act No. 10 of 1985 The Gujarat Scheduled Castes Development Corporation Act, 1985 (As modified upto the 31_“ December, 2001) PrinteED IN INDIA By THE MANAGER, GovERNMENT PRESS, RAJKOT, PusLisEED BY THE DIRecTOR, GOVERNMENT PRINTING, PUBLICATIONS AND STATIONERY, GUIARAT STATE, GANDHINAGAR. 2001 [Price : Rs. 1
THE GUJARAT SCHEDULED CASTES DEVELOPMENT .COI_RPORA’I‘I,GN 01; 1985, CONTENTS, PREAMBLE. L o | | PAGE SECTIONS. o _ - No. * CHAPTERL - Preliminary. 1. Short t.itl'e., extent ७00 COIMMENCEMIENL. «vuivreaiisrirsissiesrins mrrevssnrnes rarssessronss i 2. De‘_finit'inns. _ 1 CHAPTER पा. Es.ta'blishment and Cu'nsfi.tutiun of thlerCnrp'urati’u:n. 3. Establishment and in-cnrpnratinn of Corporation 2 4 He’adq’u.arters of Corporation, ......... ०००प ० नए ०नररभा तप सफर पप गया दर याद s rreerrerneas - 2 5. Constitution of Corporation. .................. लन०० ५४०४५४० ० न cerererens e s e v s . 3 6. Term of 006 and conditions of a‘ppoin.tment of director. - 3 | | 7. Filling up casual vacancies. ............. i et —_— कुल ० ००५० नणप परत मर बुना b B s e s nmaas - 3 - 8. Disqualifications for 006 of director. ००० ' ........ trermenonnrn rensetenn s e s asasens 3 -9, .Direc_lur 0100 एक्तपिंटाफु8६९ घर एह्लादशंप एम्नडइटड, ..........८..८८८८- «००००० B 3 10. Removal and re_s'i'1g-na;tinn' of director, cerseesamneeenn ०७० न +५४००१००० ८८: s st 4 11. Managing Director. ८... — ०८५ ८८५५०७१००५५००५४५००० e ' 4 12. Officers and u”ther' लिन of Corp'nr.a..finn. ............. ............. ....................................... 4 13, M‘eet.i:ngs र्भ टज्कुलाध्ंठा, ०७००५ ०४४4 ............. ००००० b b bar e s s n e पथ - 4 14. Ac_ts शा फा0८०७ती025 ाथ0ा022 to फट valid I_nn.tw.ithstandi.ng..anly. .da-f.ecJL ......... ...................... | 5 25, No disqu.alificau'nn.1'n~-c=‘ptain CABEE. .cctuivonrarrosairaratessnamnnssarenas ०८० .....दकपप०५-०-र ०.०, न पद" | 3 ‘ s
. (1) | ' Gujarat Scheduled Castes Development Corporation Acit, 1985 poas Gu)V10 AP AT i g TS निकल ) लय L _ . दि P OA AN ASGHAG. TSGRV SR PAGE SECTIONS. , . No. CHAPTER'IIL - Carth A .Functiu_ns and Powers of lthe _Cnrpnrafinn. C g - -- 16. Functions and powers of corporation 5 - . a ..‘-.!.-r . r: . - _rl.'___ सा |. रथ e i Tt - CHAPTER 1V, Finance, Accounts and Audit. . ... . 1 . 17. State Government to फरुपतट पापा टिक, ..................०, ८ ८००५००८००००००००००० ५० N बन. O . Pty ' 18. निएपाएँ छा (कण 10, मामाफाककाकानायाफकाफकालनानायूपा या कृकृ के व कू के मूं न ना कुक मे गूं। दि क की क क कं कापन्न- बा का पी थी गा नॉग्गाा का लावा बनना दी गी की का गहन नह नाग ला ला बा का का नान्ननाा्कलाया का 4+ FEEE S+ EdNdA BN F NN FEENAFR lII lllllllllllllllllllllll कक कं पं AT e e} Tty et पक्का दर gLl रो ' 19, ६ 000111115. जा नाबाजमद-कबायब-नाब काना कवलायावाना नानाकाजापफाककायानानफा कान माया कमा माया ना ककया बना कफकफककना कनम्कगाकापिया ए०००+०००००पपपपररकककर काना कह कर rrduFrEn drrranr e दर कमाना बना सामान बकाया व का मी पन्ने मे व * ’ '? सा, #* 1011. कक 2७ ७ ४४४ 2०००७ 2४७ १ ७७५० ७ 2 कक 2 पेड व ५ ४४४५५ ३०० ४५०७ बकाकाफकनाना वा मनन नमन नमन मनन न कक का मा मान या - ¢l|;i‘lli‘¢l.fi-;"'j'.4-itt-.' .................. ? -~ - ’ | ) . . 1 .:'L 3. 1 - - CHAPTER YV, . .. _ . . - Miscellaneous. _ प्र जि मद व. पड पर व दे पी द+ उठ, शा ४ (70116. _५२८- ०००८ र० १०००५ कपन कसर ०३ बसे उप उप दप रन जपपरदययर उन्नयन दया न की ् 2टे2. कटटफश्टाउ रण पाएजाट ड़ फट (0 (:0ाजएवा एप: ०2 ०६०१५०७०१००१९०६०००००५५ रद बे दर ८0. नेक ० दब: 05:42: LI : - 8 .. _ . i Sk : . _.;23.‘ 'Diflflflluufln. ..-:La"--t.--.‘-'-.--L--.-Inq--:.--.-a-.--q.n.-lnnlannnln-.-‘n..-.-r-.--.-:-::---. ----- : """""1"_","',’:.'_1"'.-"-_.“"u"_".—','.m",..""[-"a'."."-"l."“-".-'-.'_m-..".““'-“""'-""-'h'- & - L 8 24. Consequence of dissolution एाख. (:एफूणशाविएपी, ......................- ००००० ७ ०५०५० ० >नन०नननपन>ननननन 8 25, Protection of action taken in g00d faith. .....................०८०८.००८८०००११७०११०११००९११९-० पर पा फिर पाकररनरमचल 9 26. Indemnity to directors. ......cccevereene taenenarasaranremmgaresennens eearsonpaesacerarsvetTeITSSTST IS E RSN ES AT YO v s an e e anenanen 9 . L e et न Ll e तप वि. i , 7, निफणाला 0 (णफुणरंाणा (0 पशाश्नदिल उप घ0115. बा कल्वा का कला मे पीना हो हो हो हो कान पल पा हा हा इन था ८० का का हा पानपाचात बा काका बा का [न ना का बना fEEmAEERLLEESsLERASEEE कम मा! भय, दा FeavaRnary g " 28' एटा पी जाल एरठ्पलाणाटावां 0 पट्रहट इेटड, नाना काना ना नाना नं कक मकान कप कक क का काका कक का कं कं मान्य गन हो- के नल नर कं था मॉस्सां के थी थी बा कर ह मो बाली जात ही की का क्ना था था का | हि का का कह बन कार वन प्र . - e e e ८... हक R CIUBARIe e TN sl =3 o b v दा कि कि रवि वि, स्व . . * पक , " I
GUJARAT ACT No. 10 OF 1985.0% [THE. GUJARAT. SCHEDULED CASTES DEVELOPMENT ही CORPORATION ACT, 1985.] | o [12h July, 1985] . Amended by Gu. 21 of 1986, o ' Amended by Guj. 1 of 1999. " Amended by Guj. t of 2001 | . AN ACT to provide for the esablishment of a Corperation for the advancement of Scheduled Castes in the State of Gujarat and for matters connected : - therewith | It is hereby .enacted in the Thirty-sixth Year of the Republic of India as follows : CHAPTER I , Preliminary. . 1. (1) This Act may be called the Gujarat Scheduled Castes Development Shert tille, Corporation Act, 1985 . extent and - 3 - ) commencement. {2) 1t extends to the whole of the State of Gujarat. . (3). It shall come into force u_n_'s._ulch _date as the State Government may, ~ by notification in the Official Gazette, appoint. o 2. In this Act, unless the context otherwise require's,- | | - Definitions. - (a) “agriculture”includes dairy farming, poultry __fann_'ing. breeding of livestock, pisciculture, sericulture and forestry;, and the term “agricultural” shall be construed accordingly ; (b.) “Chairman” mayms. the Ch_mrm"an. of the Corporation ;_ (c) “Corporation™ means the Gujarat Scheduled Castes Development Corporation established under section 3 ं - N(d) “director” .mnana g director of the Corporation and includes the Chairman and the Vice-Chairman;] : fe) -“managing director” mgans a director.appounted as managing director - under snb-section (3} of section 5 - () “marketing” means all activities relating to the transport, grading, pooling, marketing and sale of agricultural or industrial produce, - - whether in the primary form on in semi-processed.or processed form; (g) - “presc'ribed." means presu:n‘be'_fl' by 1065 made under this Act; 1. FPor Sisement of Objects aad-Ressoas, See Gujaret Government Gazetie, Extraondinary, ' Part V, dated the 21st March, 1985, pages 6-12 to 6-13 . . This Act wia assemted to by the Governor एस फिट 10th July, 1985 - % Clause {d) was sobstitunted by Guj. 21 of 1986. 1, 3(1) (a). B-2851 —_— —— . m ना जन ना धवन नक-न- नव
2 Gujarat Scheduled Castes Development Cr-poration Act, 1985 [ 1985 : Guj. 10 () ) (&) (1) processing” means all activities relating to -the processing of agricultural produce of industrial produce so as to make it marketable or fit for consumption and it includes purchase and storage of raw - material, purchase of equipment, and purchase, installation and running. of machinery required for processing and storage of finished produce reguiation” means a regulation made under section 27 “*Scheduled Castes™ means such cistes or communities or parts of, or - groups within, such castes or communitiés as are deemed to be Scheduled Castes in relation to the State of Gujarat under article 341 _ of the Constitution of India “society” means a society registered under the Societies Registration Act, 1860, or a- co-operative society .re:'gis'tere_d under the "Gujarat Co-operative Societies Act, 1961 - “Scheduled Castes Organisation” means a firm registered under the Indian Partnership Act, 1932, or a society, wherein all or a majority of the partners or, as the case may be, all or a majority of members | whereof belong to Scheduled Castes Explanation.—Where a society (hereinafter referred to as “the principal society”) has as its member another society (hereinafter referred to as the “member ~ society”) all or a majority of members of which belong to Scheduled Castes, such member sociely shall be deemed to be a member of the principal society belonging to Scheduled Castes; - - {m). “small-scale industry” means cottage industry or an industry in which (हा, ' capital investment does not exceed such amount as may be prescribed supply and siorage” means supply and storage of agricultural or “industrial inputs and establishment, maintanance and running of storages. cold siorages and warehouses ; ‘{{o) “Vice-Chzirman” means the Vicé-Chairman of the Corporation.] . CHAPER 11 Establishment and Coastitution of the Corporation. For the purpose of securing the uplift of Scheduled Castes in the Establishment 3. (1) .ra““fldufl‘“n‘fm“ © - State of Gujarat, the State Government may, by notification in the Corporation.. Offical Gazette, establish a Corporation by the name of the Gujarat Scheduled Castes Development Corporation with effect from such date as may be specified in the notification. (2) The Corporation shall be a body corporate, with perpetual succession - and common seal and may sue and be sued in its corporate name and shall be competent to acquire; hold and dispose of property, both moveable and immoveable, and to contract and do all things necessary - for the purposes of this Act. - Headquarters 4. . The headquarters of the Corporationshall be at Gandhinagar or at such of Corporation, other place as the State Government may, by notification in the Official | Gazeite, spec:f"}r - <. 1. Clause (o) was added by Guj. 21 of 1986, 5. 3 (1) (b).. XXI1 of 18640, Guj. X of 1962. ' X of 1932,
L 1985 : 'Guj, 10 ] GW"‘s‘&n'edn""red-'mm"'M‘hpm"f'nwn Act; 1985 3 (1) The Corporatiol shall conzist of mot more than fifteen directors who Cosetittion of " shall be nomibated by the-State Gevernment: - - _. Corposation. 7 'Provided that not less 'than thré8' directors shall ‘be-official and the remaining directors shall be non-officials who shall be nominated from amongst persons who, in the opinion.of the, State Government, have special knowledge or Practical experience in matters relating to agriculture, agro-industrics, water development projects, finance, co-operation and socic-economic problems of Scheduled Castes - Provided further that not less than six non-official directors shall belong to the Sclieduled Castes,- -~ - - - . -~ - : .. 1[{2) The State Government shall:appoint one of the directors as Chairman ~ and one of the other directors as Vice-Chairman.) {3) The State Governmet shall appoint one of the official directors to be | the mapaging director of the- Corporation ’[{1) The director shall hold office during the pleasure of the State Term of office डी Government.] o | ufm conditions . B | . of | (3) Subject to the provisions of this Act, the terms and conditions of the of -“"_mr appointments of the directors other than the.managing director and the fees and allowances payable to them shall be such as may be prescribed. ं 4. On the occutrence of any vacancy in the office of a director due to death, Filling up _ resignation or any other reason, the same shall be filled up by the State casvel Government in the manner provided in section § % के के के vachnctes. 8. _A person shall be disqualified for being neminated as, and for being, 2 Disqualifications . director, if he- - | for office of ' director. (व) i, or at any time has been, adjudicated i_nsnfvent or has suspended payment of his debts or has compounded with his creditors ; or ) (b) :15 of unsound mind and stanls se declared by a competent court ; or > | (c) is or has been, convicated of any offence. which, in the opinton of . _ ं - the State Govemment, involves moral turpitude or convicted under XXII of 1955. . the Protection of Civil Rights Act, 1955, or (d) Is, or Yas beén, removed or dismissed from the service of any State. Goveinment or the Central Government or a Corporation owned or controlled by any- State Government or tile Central Government. 9. A director who has any direct or indirect pecuniary interest in any matter Director not 1o - o coming up for consideration. at a.meeting of the Corporation shall, 85 mn_Pmnp‘m“”si“ b ~ - soon as possible, after the relevant circumstances have come to his | | knowledge, disclose the nature of his interest at such meeting and the disclosure 3hall be recorded in the minutes of the Corporation and the director shall not take any part in any deliberation or decision of the Corporation with respect to that matter. ™ @ या या या या या 1. .Sub-section (2) was substituted by Guj. 21 of 1986, 5. 3 {2) . 2. Sub-tection (1) was and was deemed always to have been substituted for sub-sections {7) and _\-_ ~ {2) by Guj, 1 of 1999, 5. 3, Seh., st. No. 16(7). = -; .3, The words “and & person nominsted as director 10 fill snch vacancy shaill hold office for the anexpired portion of the term of his predecessor™” were and were deemed always 10 have been deleted, ibid., s. 3, Sch., §i. No. 16 (2).
4 Gujarat Scheduied Castes Development Corporation Act, 1985 [1985:Guj.10 ~ ~ Removal and 10. (I} '[The State Government] may, at any time, remove any director from mmm'mm.* of - - office, if, in.its opinion, such a director Ya} is, or has become, subject to apy disqualification mentioned in section 8 (b} is absent withiout leave of the Corporation from more than three "consecutive meetings thereof without cause sufficient, in the opinion of the Corporation, to exonerate his absence - (c) has acted in contravention of the provisions of section 9 ; or (d) " has b'.e:en' guilty of misconduct in the discharge रण प& तप ट5 : ~ Provided that no order of removal shall be passed without giving the director a reasonable opportunity of showing cause against the proposed order. | (2; A Dtr'ec't_nr may resign his office by giving notice thereof in wn"ting to the State Government and on such resignation being accepted he “shall be deemed to have vacated his office. - Managing - 11. (!} The managing dnc"ctur shall be a whole time officer of the Cnrpnlratiun Director. ' and shall- | - (@) be the Chief Executive Officer of the Corporation, {b) - be responsible. for the operational management of the Corporation and jmplementation of the general policy approved by the Corporation () perform such duties as the Corporation may, by regulations or otherwise, assign {0 him ” ं ः " {d) receive such salary and allowances and be governed by .such termae and conditions of service as may be approved by the State . Government. in consultation with the Corporation. (2} हा the managing director is by infirmity or otherwise rendered " incapable of carrying out his duties or is absent on leave or otherwise in circunstances not involving the _vacatp‘fl of his appointment, the State Government may appoint another person to act in his place during his absence. | | Officers and 12. (1) The Corporation may appoint such officers and other employees as it | “"1“]"_ - | considers necessary for the efficient performance of its funciions and employees o determi . . ' लि nditi . Cmpm कक _ determine, by regulations cr otherwise, their conditions of appoinitment and service and the remuneration payable to them. (2) The Corporation may, by general or special order, delegate to the managing director or to any other officer or employee of the Corporation, subject to such conditions and limitations, if any, as may be specified, such of its powers and duties under this Act, except the power to make regulations, as it may deem necessary Meetings of 13. (1) The Corporation shall meet at such time and places and shall observe Corporation. such rules of procedure in regard to the transaction of business at its | meetings (including the¢ quorum at such meetings) as may be provided by regulations - 1. These words were substituted for the words “Notwithstanding anything contained in section 6 " the State Government” by Gij. 1 of 1999, 5. 3, Sch., डा. No. 16(3) '
1985 : Guj. 10] Gujarat Scheduled Castes Development Corporation Act, 1985 5 ‘({2) The Chairman or, if for any reason he is unable to attend any meeting, -the Vice-Chairman or, if for any reason he is also unable to attend any meeting, any other difector elected by 'the directors persent at . the meeting, shall preside. at the meeting of the Corporation.] (उ All the questions which come up before any meeting of the Corporation shall be decided by a majority of the votes of directors ‘present and voting, and in the event of an equality of votes, [the Chairman or, in his absence, the Vice-Chairman or in absence of both the Chairman and the Vice-Chairman,) the person presiding, shall have and exercise a second or casting vote 14. (1) No.act or proceeding of the Corporation shall be questioned or be invalid on the ground merely of the existence of any vacncy in, or any defect in, the constitution of the Corporation. (2) - No act done by any persen acting in good faith as a director shall be - deemed to be invalid merely on the ground that he was disqualified to be a director or that there was any other defect in his nomination. - 15. No pursun' shall be di'squ'al'ifi'ed for be'utg,' chosen as, or for being, a member of the Legislative Assembly of the State by reason only of the fact that he is a Chairman or a director’ | CHEPTER IIL . Functions and Powers of the Corporation. 16. (1} Subject to the provisions of this Act, it shall be the primary duty of | the Corporation to undertake the task of social and economical uplift of the Scheduled Castes in the State of Gujarat, and the Corporation ~shall be competent to do- ail things and to exercise all the powers necessary for the performance of such duties (2) Without perjudice to the generality of the foregoing provision, such - power रण (१८ Corporation shall include the power- (i) to plan and promote, on its own or in collaboration with or " through such Scheduled Castes organisations or other .agencies as may be approved by the Corporation, any’ programme of agricultural development, marketing, processing, supply and storage of -agri¢ultural produce, small-scale industry, building _-construction, ‘transport and such other activities as may be approved in this behalf by the State Government (ii) to undertake, on its own or in c¢ollaboration whether through such Scheduled Castes Organisations or other agencies as may Acts and proceadings presumed to be valid notwithstanding any defect. No disquali- fication in Certain Cases. PFunctions and powers of COrpOration. -he apporved by the Corporation, any activity in relation to any .. of the matters specified.in clanse (i), for furthering the objects of the Corporation ; - (iii) to give on hire agricultural er industrial machinery or equipments 7 to the members of the Scheduled Castes Organisations ये 0 give grants and subsidiés to"and to guarantée loans taken by " the members of Scheduled Castes Organisations ; (v} . toencourage employment opportunities for the member of the - Scheduled Castes - o ं " 1. ‘Sub-séction (2} wis substituted fot the original by Guj. ‘21 of 1986, 5.3 3) (a). 2. These words were substituted for the words “the Chairman or, in his absence,” ibid, s. 3 (3} {b). B-25-1
State Govem- ment o provide initial capital. Fund of Corporation. 6 Gujarat Scheduled Castes Development Corporation Act, 1985 [1985 : Gu). 10 17. 18. (1) {vi} to undertake any other activity which the State Govrnment may entrust to the Corporation ; . {vii} to grant loans or obtain covered loans.io members of the Scheduled Castes ं (viii) to borrow money subject to such conditions as the State " Government may specify ; (ix} to issue bonds and dubentures ; . - {x} to draw, make, accept, endorse, discount, execute and issue promissory notes, bills' of exchange, hundis, bills, warrants, dubentures and other negotiable instruments ; (xi) to invest or deposit surplus funds of the Corporation था Government securities ot in such other manner as the State Government may, by general or special order, direct ; and (xii) to discharge such other functions as may be prescribed or as are supplemental, incidental or consequential to any of the functions conferred on it by or under this Act. CHAPETER 1V. Finance, Accounts and Audit. The State Government may provide to the Corporation such sum not exceeding ![fifty crores of rupees] as the State Government may think fit as capital that may be required by the Corporation for the purpose of carrying out its functions : Provided that were the capital initially provided is less than '[fifty - crores of rupees} the State Government may, from time to time, increase the capital to sum not exceeding '[fifty crores of rupees]. (2) (3) (1) (2) {3) 4 (5} Such capital may be provided subject to such terms- and conditions as may be determined by the State Government. The capital so provided shall fnrm..part of the fund of the Corporation. The Corporation shall have its own fund ‘The Corporation may accept grants, subventions, donations and gifts from the Central or State Government or & local authority or any “individual or body of individuals whether incorporated or not, for all or any of the purposes of this Act All sums whick ‘may from time to time be paid to it by the State Govrnment and atl other.receipis of the Corporation shall be carried to the fund of the Corporation and all payments by the Corporation shall be made therefrom. The Corporation may spend such sums as it thinks fit for घाट performance of its functions under this Act, and such sums shali be treated as expenditure payable out of the fund of the Corporation All moneys belonging to the fund of the Corporation shall be deposited in such bank or invested in Government Securities or in such other manner as the State Governmeat may, by general or special order, direct. These words were substifuted for the words “ien crores of rupees” by Guj. 1 of 2001, 5.3,
I of 1956. 1985 - 19 :,'--' ं (2, - be balanced and closed on the thirty first day of March every year 20. 21. Guj. 10) Gujarat Schedaled Castes Development Corporation A'ct, 1988 -7 {1} ‘The balance-sheet and accounts of the Corporation shall bé prepared Accounts {1} (2} and maintained in such form and manner as may be prescribed The Corporation shall ¢cause books of accounts of the corporation to The accounts of the Corporation- shall -be audited once 10 every financial year, by auditors, duly qualified to act as auditors under sub-section (1) of section 226 of the Companies Act, 1956, who shall be appoinied by the Corporation and shall receive such remuneration from the Corporation as the Corporation may fix The . auditors shall be supplied with a copy of the annual balance sheet and income and expenditure account of the Corporation and it ~ shall be the duty of the auditors 10 examine them together with the accounts and vouchers relating thereto and they shall have a list delivered to therm of all books kept by the Corporation and shall at all reasonable times have access to the books, accounts and other documents of the Corporation and may require from any director or officer of the Corporation such information 85 they may think necessary for the performance of their duties as auditors. (3)° The auditors shall make a report to the Carporation upon the annual (4) (3) (1) (2) - (3) ) - . of the Advisory Commtitice shall be such 25 the State Government balance-sheet and accounts exatnined by them and in every such report shall state whether in their opinion, the balance sheet is a full and fair balance-sheet containing necessary particulars and properly drawn up so as to exhibit a-true and fair view of the state of affairs of the Corporation. The Corporation shall furnish 10 पीट State Government a copy of its balance-sheet and accounts together with a copy of the report made by auditors under sub-section (3) and a report on the working of the Corporation during the rel'_:van't period, within four months from the date on which its accounts are closed and balanced. Copies of the reports referred to in sub-section (4) shall be laid by the State Government, as soon as may be, before the State Legislature. CHAPTER V. Miscellaneous. The Staic Govrnment may from time to time constitute an Advisory Committee consisting of such number of persons as it may think fit and on such terms and conditions as may be prescribed. ‘The Corporation may, if it thinks fit, consuilt घाट Advisory Committee on any business coming before it and shall do so in respect of such - business as the State Government may, by general or special order in this behalf, specify or when required by the regulations so to do ‘The Advisory Committee shall meet at such intervals as may be prescribed, and for the transaction of urgent business on such other : * geeasions as the Chairman -of the Corporation may require The number of members necessary to constitute 2 quorum at & meeting may when constituting the Committee specify Audit. Advisory Committee. Ty नए दा e em ey - wm
Ra‘c'uvary of money due to Corporation. Dissolation. Cousequence of dissolution of Corporation. . 8 - 22, 23.. 24, ' (2 Gujarat Scheduled Castes Development Corporation Act, 1985 [ 1985 : Guj. 10 (1) (2) ~ property. Where any amount is due to the Corporation from any person in respect of advance or other financial accommodation granted by it, such amount shall, on a ceriificate being granted by the managing director in the prescribed form, bé recoverable as arrears of Land revenue by the Collector of the district in which the person from whom the amount is due resides or carries on business or OwWns any Before issuing the certificate referred to in sub-section (1), the managing director shall make an application to such officer, as may " be empowered by the State Government in this behalf and that officer (3) (4 ' (5) (6) (1 ) (7) to the Corporation. shall, after giving an opportunity -of -being heard to the person concemned and after such further enquiry as he may consider necessary, . by an order determine the amount due to the Corporation and communicate the same 1o the managing director An appeal against an order passed by the officer empowered under sub-section (2) shall lie within such period and to such authority as may be prescribed, The officer’ e'mpnwered under sub-section (2) and.the appellate authority shall follow such procedure as may be prescribed The certificate issued by the managing director under sub-section ( 1} ‘shall be final and conclusive and shall not be called in question before any authority or court For the purpose of recovering any amount due to the Corporation in | respect of a loan it shall not be necessary to proceed against the principal before proceeding against his surety. No provision of law, other than this Act, relating to the winding up, dissolution or liquidation of the companies or corporations shall apply - The State Government.may, if the Corporation fails to carry out its fuctions or exceeds its powers, or upon a receipt of a report under section 20, call vpon the Corperation to show cause why it should not be dissolved and if no explanation is offered within the specified period or if the State Governiment is not satisfied with the explanation, the State Government may dissolve the Corporation from such date - - as may be specified. When the C.nrpnrau'u_n' is dissolved _unde'r section 23,- (i) all directors shall, from me,_date of dissolution, vacate their ~pffices o ii) all powers.and duties of the Corporation shall, during the period of dissolution, be. exercised and performed by such person as _ the State Government may zppoint in -this behaif | (iii) -all funds..and other property vested in the Corporation shall during the period of dissolution, vest in the State Government 1 The State Government may reconstitute .the Corporation after such pericd as-it may think- fit - o
1985 : Guj. 101 Gujarat Sf'c_htydu_kd (पार: उराशांग््ापारां Cerporation Ac.t, 1985 9 23, 26. 27, 28, B-25-3 No suit or other legal proceeding shall lie against the Corporation or any Protection of functions under this Act, for any loss or damage caused or likely (0 be caused by anything which is in good faith done or intended to be done by him in pursvance of this Act (1) _'(2',1 | (2) (1) {2) Every director shall be indemnified against all losses and expenses . incurred by him in the discharge of his duties except such as are caused by his own wilful act or default. . A director shall not be responsible for the acts of any other director or for the acts of any officer or other employee of the Corporation or for any loss or expenses resulting to the Corporation by the insufficiency or deficiency of value of, or title to, any property or security acquired or taken on behalf of the Corporation in good faith, - of by the insolvency or wrongful act of any debtor or any person ander obligation to the Corporation or anything done in good faith, in the execution of the duties of his office or in relation thereto. (1) T he Corporation may make regulations not inconsistent with the provisions of this Act and the rules made thereunder, to provide for “all matters for which provision is necessary or expendient for the purpose of giving effect to the provisions of this Act. In particular and without prejudice to the generality of the foregoing power, such regulations, may provide for all or any of the following matters, namely :- | | (a) the time and places of meetings of the Corporation and the procedure to be followed in relation to such meetings including the quorum necessary for the trapsaction of business ; (b) duties which the managing director shall perform ; {c) the duties, m.nduct, salaries, allowances and conditions of service of officers and other employees of the Corporation; (d) the delegation of powers and functions to the officers and other employees of the Corporation; (e) पी establishment and maintanance of provident and other benefit funds for the officers and employees of the Corporation; (f) any other matter which is, or may be, necessary for the efficient conduct of the affairs of the Corporation. The State Government may, by notification published in the Official Gazette, make rules to carry oui all or any of the purposes of this Act In -particular. and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the - following matters, namely :- (a) the terms and conditions of service of the directors and the fees and allowances payable to them; - director including the managing director, or any officer or other employee action taken or any other person authorised by the Corporation to discharge any 5°0¢ faith Indemnity to directors. Power of Corporation 10 make regulations. Power of State Government to make rules. e & 2k kL el
10 Gujarat Scheduled Castes Developmient Corporiifion Act, 1985 [ 1985 Guj. 10 {(3) (b) functions, in addition to those specified in sub-section {2) of ‘.section 16, to be discharged by the Corporation and the - conditions and restrictions subject o which those functions shall be discharged (c) the form and manner in which accounts shall be ताकत ~and the balance-sheet and income and expenditure accounts shall be prepared (d) the form in which certificate shall be issued by the managing ~ director, the period within which and the authority before whom an appeal shall be filed, and the procedure to be followed by the appeallate authority under section 22 - ं {e) any other matter which is required to be, or tnay be, prescribed All rules made under this section shall be laid for not-less than thirty days before.the State Legislature as soon as.may be after they are made and shall be subject to rescission by the State Legislature or to - such modifications as the State Legislature may make during the - session in which they are so laid or the session immediately following (#). - Any rescission or modification so made by the State Legislature shail be published in the Official Gazette and shail thereupon, take effect.