ANDHRA PRADESH KHADI AND VILLAGE INDUSTRIES BOARD ACT, 1958
4 of 1959
An Act provide for the establishment of a Board for the development of khadi and Village Industries in the State of Andhra Pradesh and for matters connected therewith. Be it enacted by the Legislature of the State of Andhra Pradesh in the Ninth Year of the Republic of India as follows
CHAPTER 1 Preliminary
Section 1 Short title, extent and commencement
(1) This Act may be called the Andhra Pradesh Khadi and Village Industries Board Act, 1958.
(2) It extends to the whole of the State.
(3) It shall be deemed to have come into force on the 3rd November 1958 in the areas of the State which immediately before the 1st November, 1956 were comprised in the State of Andhra; and shall come into force in the remaining areas of the State on the date appointed by the Government by a notification, such date not being earlier than the date on which an order issued under sub section (1) of Section 4 of the Inter State Corporations Act, 1957 (Central Act 38 of 1957), takes effect.
Section 2 Definitions
In this Act, unless the context otherwise requires, (i) Board means the Andhra Pradesh Khadi and Village Industries Board constituted under Section 3;
(ii) Commission means the Khadi and Village Industries Commission established under Section 4 of the Khadi and Village Industries Commission Act, 1956 (Central Act 61 of 1956);
(iii) Chairman , { } *{Vice Chairman} Chief Executive Officer and Member means respectively the Chairman, { } *{Vice Chairman} and Chief Executive Officer and Member of the Board; *{
(iii a) Council means the Andhra Pradesh Khadi and Village Industries Council constituted under Section 6 A;}
(iv) Government means the State Government of Andhra Pradesh;
(v) Khadi means any cloth woven on handlooms in India from cotton, silk or woolen yarn handspun in India or from a mixture of any two or all of such yarns;
(vi) notification means a notification published in Andhra Pradesh Gazette;
(vii) prescribed means prescribed by rules made under this Act;
(viii) Regulations means regulations made by the Board under this Act;
(ix) State means the State of Andhra Pradesh;
(x) Village Industries means all or any of the industries which form the normal occupation, whether whole time or part time, of any class of the rural population of the State and includes any other industry which the Government may, or their own motion or on the recommendation of the Board declare by notification to be a village industry for the purpose of this Act ; but does not include any of the industries specified in the Schedule to the Industries (Development and Regulation) Act, 1951 (Central Act 65 of 1951);
CHAPTER 2 The Board
Section 3 Establishment and Constitution of the Board
(1) With effect from such date as the Government may, by notification appoint in this behalf, there shall be established a Board to be called the Andhra Pradesh Khadi and Village Industries Board, with its headquarters in the city of Hyderabad which shall be a body corporate having perpetual succession and common seal, with power to acquire, hold and dispose of property, to do all things incidental to and necessary for the purposes of this Act and to contract, and may by the said name sue and be sued.
*{ (2) The Board shall consist of the following members, namely: -
(a) the Minister incharge of khadi and village industries in the State, ex Officio member, who shall also be the Chairman; (b) not more than eight persons appointed by the Government, of whom four members shall be the following officials, namely: (i) the Additional Director of Industries, Andhra Pradesh incharge of Khadi and Village Industries. (ii) the Joint Secretary or Deputy Secretary to Government in the Industries and Commerce Department, incharge of khadi and village industries; (iii) the Joint Secretary or Deputy Secretary to Government in the Finance and Planning (Finance Wing) Department incharge of khadi and village industries; (iv) the Chief Executive Officer.
(3) The Government shall appoint such non officials to be members, as have shown an active interest in the production and development of khadi or in the development of village industries.
(4) The Chairman shall nominate a member, from among the non official members, to be the Vice Chairman for such term as he deems fit. The Vice Chairman shall exercise such powers and perform such functions as may be prescribed or as may be delegated to him by the Board.
(5) The Chief Executive Officer shall be responsible for the conduct of any procedure at the meetings of the Board and for implementing the resolutions of the Board.}
Section 4
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Section 5 Term of Office of Members and their resignation
(1) A member of the Board shall hold office for a period of three years from that date of his appointment, but may resign his office earlier by giving notice in writing to the Government, and shall cease to be a member on the resignation being accepted by the Government.
(2) Notwithstanding anything in sub section (1), the Government may reduce the term of office of any member before the expiry of his term of office, without giving any notice to such member; and appoint any other person in his place.}
Section 6 Temporary association of persons with the Board for particular purposes
(1) The Board may associate with itself in such manner and for such purposes as may be determined by regulations any persons whose assistance or advice it may desire in complying with any of the provisions of this Act.
(2) A person associated with the Board under sub section (1) for any purpose shall have the right to take part in the discussions of the Board relevant to that purpose, but shall not have the right to vote,and shall not be member for any other purpose.
(3) The Government may, by notification, depute one or more officers of the Government to attend the meetings of the Board and to take part in the discussions of the Board but such officer or officers shall not have right to vote.
Section 6A
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Section 7 Meeting of the Board
(1) The Board shall meet at such times and places and shall, subject to the provisions of sub section (2) and (3), observe such rules of procedure in regard to transaction of business at its meetings (including the quorum at meetings) as may be provided by regulations;
Provided that the Board shall meet atleast once in two months.
(2) The Chairman, or in his absence the Vice Chairman, and in the absence of both the Chairman and Vice Chairman, any member of the Board chosen by the members present among themselves, shall preside at a meeting of the Board}
. (3) All questions at a meeting of the Board shall be decided by a majority of the votes of the members present and voting and in the case of an equality of votes, the person presiding at the meeting shall have a second or casting vote.
(4) A copy of the agenda for every meeting as well as the proceedings of the meeting of the Board shall be forwarded to the Government in the Industries Department.
Section 8 Vacancy, etc., not to invalidate acts and proceedings of the Board
No act or proceedings of the Board shall be invalid by reasons only of the existence of any vacancy amongst its members or any defect in the constitution thereof; *{ }
Section 9 Terms and conditions of service of Vice Chairman etc
The conditions of service of the Vice Chairman and the terms and conditions of service of other members of the Board, including the salaries or honoraria and the allowances to be paid to them, shall be such as may be prescribed.
Section 10 Officers and servants of the Board
(1) The Government shall appoint the Chief Executive Officer, the Financial Adviser and Chief Accounts Officer and the Deputy Chief Executive Officer, and other persons to fill the posts carrying equivalent scales of pay to those aforesaid either on deputation or otherwise.
(2) The Chief Executive Officer shall be the principal administrative officer of the Board and shall exercise such powers and discharge such duties as may be prescribed or as may, from time to time, be delegated to him by the Board or by the Chairman; and shall be directly responsible for the due fulfilment of the purposes of this Act.
(3) Subject to such rules as may be made by the Government in this behalf, the Board may, with the prior sanction of the Government, appoint such other officers and servants as it may consider necessary for the efficient performance of its functions. All the officers and servants of the Board shall be subordinate to the Chief Executive Officer}.
CHAPTER 3 Functions of the Board
Section 11 Functions of the Board
(1) Subject to the provisions of this Act, the functions of the Board shall generally be to plan, organise and implement programmes of works for the development of khadi and village industries.
(2) In particular and without prejudice to the generality of the foregoing power, the Board may take such steps as it may think fit
(a) to plan and organise the training of persons engaged in the production of khadi or in village industries; (b) to build up a reserve of raw materials and implements to supply them to persons engaged in the production of khadi, or in village industries at such economical rates as may be suitable in the opinion of the Board; (c) to provide for the sale and marketing of khadi or of products of village industries; (d) to encourage and promote research in the technique of production of khadi or in the development of village industries, or to provide facilities for a study of the problems relating to khadi or village industries; (e) to maintain or assist in the maintenance of institutions for the development of khadi or village industries; (f) to undertake, assist in the maintenance of institutions for the development of khadi or village industries. (g) to promote and encourage co operative efforts among manufacturers of khadi and persons engaged in village industries and organise co operative societies for khadi and village industries; (h) to help the people by providing them with work in their homes and to give them monetary help; (i) to grant loans and other assistance to institutions carrying on the khadi or other village industry from bulk allotment which may be made to it by the Government in this behalf subject to such conditions as may be laid down by the Government for this purpose; (j) to conduct training centers and to train people thereat with a view to equipping them with the necessary knowledge for starting or carrying on khadi and village industries; (k) to conduct survey or assess potentialities of cottage and village industries and the scope for their development with a view to promote such industries for the purpose of eliminating unemployment; (l) to arrange for publicity and popularisation of finished products manufactured in the khadi and village industries by opening stores, shops, emporiums or exhibitions and by taking other similar measures for the purpose; (m) to incur expenditure and undertake works in any area of the State in which this Act is for the time being in force for framing and executing such schemes as it may consider necessary for the purposes of this Act or as may be entrusted to it from time to time, by the Government, subject to the provisions of this Act and the rules made thereunder; (n) for ensuring the genuineness of, and for granting certificates to producers of, or dealers in khadi or the products of any village industry on payment of fees according to such scale as may be provided in the regulations; (o) to carry out any other matter which may be prescribed.
Section 11A General powers of the Board
The Board shall, for the purpose of carrying out its functions under this Act, have the following powers, namely:- (i) to acquire and hold such movable and immovable properties as it deems necessary and to lease, sell or otherwise transfer any such property; Provided that any lease, sale or other transfer to any person or authority, other than the Commission, of any immovable property belonging to the Board shall be null and void unless it is sanctioned by the Government.
(ii) to appoint a committee or committees for securing the efficient performance of its functions and in particular, for ensuring that such functions are performed with due regard to the requirements of the local area concerned;
(iii) to incur expenditure and undertake any work in any area in the State for the framing and execution of such schemes as it may consider necessary for the perpose of carrying out the provisions of this Act, or as may be entrusted to it by the Government; and
(iv) to enter any contract and to do all things necessary for the purpose of this Act.}
Section 12 Standing Committee of the Board
The Board may constitute a standing finance committee consisting of such members as may be prescribed. The standing finance committee shall exercise such powers and perform such functions relating to the finance of the Board, as may be delegated to it by regulations made by the Board.}
Section 13 Preparation, submission and sanction of Annual Programme
(1) The Board shall, prepare and submit to the Government every year before such date as may be prescribed a programme of works containing prescribed particulars of schemes, undertakings and works which the Board proposes to organise and execute during the next ensuing year.
(2) The Government shall consider such programme and may
(a) sanction the programme; (b) add to, alter or modity the programme and sanction the programme so added to, altered or modified, or remit the same to the board for re consideration and submission to the Government with the report of the Board.
(3) *{ x x x x }
Section 14 Power of Government to give directions
In exercise of *{their powers} and the discharge of *{their functions} under this Act, *{the Board and Chief Executive Officer} shall be bound by such directions as the Government may give *{to them}. *{ Provided that any directions given by the Government to the Chief Executive Officer immediately before the commencement of the Andhra Pradesh Khadi and Village Industries Board (Amendment) Act, 1981, shall be deemed to have been given under this section.
Section 15 Dissolution to the Board
(1) If at any time, the Government are satisfied that
(a) the Board has, without reasonable cause or excuse, made default in the discharge of its duties, or in the performance of its functions, imposed or entrusted by or under this Act, or exceed or absued its powers; or (b) circumstances have so arisen that the Board is rendered unable, or may be rendered unable, to discharge its duties, or perform its functions under this Act ; or (c) it is otherwise expedient or necessary to dissolve the Board; the Government may, by notification, dissolve the Board for such period as may be specified in the notification and declare the duties, powers and functions of the Board shall, during the period of its dissolution, be discharged, exercised and performed by such person or authority, as may be specified in the notification: Provided that the Government may for reasons to be recorded in writing, hold that it shall not be necessary to give the Board any opportunity of making representation on the action proposed.
(2) The Government shall, before the expiration of the period of dissolution, reconstitute the Board in accordance with the provisions of Section 3.
(3) The Government may make such incidental and consequental provisions as may appear to them to be necessary for giving effect to the provisions of this section.
(4) Any notification issued or order made by the Government under this section shall not be questioned in any civil court.
(5) On the Board being dissolved under sub section (1)
(i) all funds and other properties vested in the Board shall vest in the Government; and (ii) all liabilities, legally subsisting and enforceable against the Board shall be enforceable against the Government to the extent of the funds and properties vested in the Government under clause (i)}.
CHAPTER 4 Finance, Accounts and Audit
Section 16 Funds of the Board
(1) The Board shall have its own fund and all receipts of the Board shall be credited thereto and all payments by the Board shall be made therefrom. The fund shall be operated by an officer or officers authorised by the Board, subject to the conditions prescribed.
(2) The Board may accept grants, subventions, donations and gifts and borrow any amount from the State or the Central Government, or the Commission or a local authority *{or a commercial bank or a co operative financing society" for all or any of the purposes of this Act.
(3) The previous sanction of the Government shall be obtained for receiving any loan or borrowing any amount under sub section (2): Provided that the provisions of this sub section shall not apply when the Board receives any loan or borrows any amount from the State Government or the Commission,
(4) The sums borrowed from the Government (State or Central) or the Commission shall be a charge on the assets of the Board.
(5) All moneys belonging to the fund of the Board shall be deposited in such Bank and Treasury or be invested in such securities as may be approved by the Government.
Section 17 Application of fund and property
The property, fund and other assets of the Board shall be held and applied by it subject to the provisions, and for the purpose of this Act.
Section 18 Subventions and grants to the Board
(1) The Government may, from time to time, make subventions and grants to the Board for the purposes of this Act on such terms and conditions as the Government may determine in each case.
(2) The Board may ask for specific allocations of funds from the funds of the Commission to be spent on schemes undertaken by the Board subject to the approval of the Commission as the cases may be.
Section 19 Recovery of arrears
(1) Where any loan or advance granted by the Board to any institution or person is not repaid before the date specified therefor *{or where any other amount is due to the Board from any person or institution either under a contract or otherwise} the Board may without prejudice to any other mode of recovery, issue a certificate for the amount due, to the Collector of the district concerned and the Collector shall proceed to recover the amount in the same manner as an arrear of land revenue. *{
Provided that no certificate under this sub section shall be issued unless the defaulter has been given an opportunity of making representation against the action proposed; Provided further that it shall be lawful for the Board to issue successive certificates under this sub section to the collector for the realisation of its dues in full, if it is satisfied that the defaulter has come into possession of assets from which it can recover its due}.
(2) The Board may write off irrecoverable losses with the previous sanction of the Government or the Commission as the case may be *{subject to such limits as may be laid down in the Regulation}
Section 20 Budget
(1) The Board shall prepare in such form as may be prescribed, a budget in respect of the financial year next ensuing showing the estimates, receipts and expenditure on capital and revenue accounts according to the annual programme referred to in Section 13; and the Schedule of the stock and sufficient number of copies of such budget shall be forwarded to the Government before the prescribed date.
(2) The Government may sanction the budget with such modifications as they may deem fit.
(3) The Board shall be competent to reappropriate such amounts as may be necessary from one scheme to another of within sub heads and minor heads, subject to the condition that the cost of any scheme shall not exceed the amount originally sanctioned by the Government by more than one third without approval of the Government.
Section 21 Supplementary Budget
The board may forward a supplementary budget for the sanction of the Government in such form and before such date as may be prescribed and the provisions of sub sections (2) and (3) of Section 20 shall apply to such supplemental budget.
Section 22 Annual report
(1) The Board shall prepare insuch form an date such time as may be prescribed an annual report giving a true and full account of its activities during the previous year, and sufficient number of copies thereof shall be forwarded to the Government.
(2) The Government shall on receipt of the annual report under sub section (1) cause a copy of the same to be laid on the table of the Legislative Assembly of the State.
Section 23 Accounts and Audit
(1) The Board shall maintain such books of account and other books in relation to the accounts, in such form, and in such manner as may be prescribed.
(2) The accounts of the Board shall be audited, at such time and in such manner as may be prescribed, by a chartered accountant or by such person as the Government may appoint in this behalf.
(3) As soon as the accounts of the Board are audited, the Board shall send, in such manner as may be prescribed, a copy thereof together with a copy of the report of the auditor relating thereto, to the Government.
Section 24 Returns and Reports
The Board shall furnish to the Government such returns, accounts and other information with respect to its fund or its activities as the Government may require.
CHAPTER 5 Miscellaneous
Section 25 Transitional provisions
All debts or expenditure incurred, all contracts entered into, and all matters and things done, by the State Khadi and Village Industries Board established under G.O.Ms.No. 1216, Home (NES), dated the 19th July 1954, upto the date of the establishment of the Board in accordance with the provisions of this Act shall be deemed to have been incurred, entered into or done by the Board, and all suits and legal proceedings instituted or which may be instituted by or against the State Khadi and Village Industries Board aforesaid shall be continued or instituted by or against the Board.
Section 26 Members, officers and employees of the Board to be public servants
All members, officers and employees of the Board when acting or purporting to act in pursuance of any of the provisions of this Act shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code (Central Act 25 of 1860).
Section 27 Bar of certain proceedings
(1) No suit, prosecution or other legal proceeding shall lie against any person in the employment of the Board for anything which is in good faith done or purported to be done under this Act.
(2) Save as otherwise provided in this Act no suit or other legal proceedings shall lie against the Board for any damage caused or likely to be caused by anything in good faith done or purported to be done under this Act.
Section 27A Revision
(1) The Government may, either suo motu or on application, call for and examine the record of the Board in respect of any decision or proceeding taken or order passed under this Act to satisfy themselves as to the correctness or regularity or legality or propriety of such decision or proceeding or order taken or passed and if in any case it appears to the Government that such decision, proceedings order should be modified, annulled reversed or remitted for reconsideration, they may pass an order accordingly:
Provided that every application to the Government for the exercise of the power under this Section shall be preferred within ninety days from the date on which the decision, proceeding or order to which an application relates was communicated to the applicant; Provided further that the Government shall not pass any order adversely affecting any person unless such person has been given an opportunity of making representation.
(2) The Government may stay the execution of any such decision, proceeding or order pending the exercise of their powers under sub section (1) in respect thereof;}
Section 28 Power to make rules
(1) The Government may, by notification make rules for carrying out all or any of the purposes of this Act.
(2) 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 manner of filling casual vacancies among the members of the Board *{ .... }and the terms and conditions of service of the Chairman, *{the Vice Chairman} and other members of the Board, *{ ................... } including the salaries or honoraria and the allowances to be paid to them and the travelling and daily allowance to be drawn by them when they are on tour:} (b) the disqualifications for membership of the Board *{ } and the procedure to be followed in removing a member who is or becomes subject to any disqualification including the procedure to be followed for suspending a member pending enquiry as to his disqualification; (c) the procedure to be followed for placing the Board in possession of funds; (d) the procedure to be followed and the conditions to be observed in borrowing moneys or in granting loans; (e) the conditions subject to which, and the mode in which, contracts may be entered into by or on behalf of the Board; (f) the conditions subject to which movable or immovable property may be acquired by the Board or any immovable property belonging to it may be transferred by sale, lease or otherwise, the conditions subject to which any movable or immovable property belonging to the Government may be transferred to the Board for its use and management for the purposes of this Act. (g) any other matter which has to be, or may be, prescribed.
(3) All rules made under this Section shall be laid on the Table of the Legislative Assembly as soon as possible after they are made and shall be subject to such modifications, whether by way of repeal or amendment, as that Assembly may make within fourteen days thereafter during the session in which they are so laid.
Section 29 Power to make regulations
(1) The Board may, with the previous sanction of the Government, by notification, make regulations, not inconsistent with this Act and the rules made thereunder, *{for enabling the Board *{ ............ }to discharge its functions under this Act.}
(2) In particular and without prejudice to the generality of the foregoing power, such regularisation may provide for all or any of the following matters, namely:
(a) the terms and conditions of appointment and service and the sales of pay of the Chief Executive Officer and other officers and servants of the Board *{ } including payment of travelling and daily allowances in respect of journeys undertaken by such officers and servants for the purposes of this Act; (b) the time and place of meetings of the Board *{ } the procedure to be followed in regard to transaction of business at such meetings and the quorum necessary for the transaction of such business at a meeting; (c) the delegation of powers and duties of the Board to *{the standing finance committee} the Chief Executive Officer or any employee of the Board; (d) the maintenance of minutes of meetings of the Board *{ } and the transmission of copies thereof to the Government; (e) the persons by whom, and the manner in which, payments,deposits and investments may be made on behalf of the Board. (f) the custody of moneys required for the current expenditure of the Board and the investment of moneys not so required (g) the form in which and the scale of fees to be levied for granting the certificates of genuiness of khadi and products of village industries may be granted by the Board, and the procedure for the grant of such certificates.
(3) The Government may, by notification, modify or rescind any regulation made and thereupon the regulation shall stand modified accordingly or shall cease to have effect, as the case may be.
Section 30 Repeal
(1) The Hyderabad khadi and Village Industries Board Act, 1955 (Hyderabad Act XII of 1955) shall, in its application to this State, stand repealed with effect from the date appointed in the notification issued under sub section (3) of Section 1.
(2) The Andhra Pradesh Khadi and Village Industries Board Ordinance, 1958 (Andhra Pradesh Ordinance III of 1958), is hereby repealed.
RULE:
ANDHRA PRADESH KHADI AND VILLAGE INDUSTRIES BOARD RULES, 1969
In exercise of the powers conferred by Section 28 of the Andhra Pradesh Khadi and Village Industries Board Act, 1958 (Act IV of 1959), the Governor of Andhra Pradesh hereby makes the following rules, namely:
CHAPTER 1 Preliminary
Rule 1 Short title
These rules may be called the Andhra Pradesh Khadi and Village Industries Board Rules, 1969.
Rule 2 Definitions
(1) In these rules unless the context otherwise requires:
(a) "Act" means the Andhra Pradesh Khadi and Village Industries Board Act, 1958; (b) "Audit Officer" means the Accountant General, Andhra Pradesh; (c) " Committee" means Finance Committee, Appointment Committee or any other Standing Committee or And hoc Committee or Sub Committee constituted under Section 12 of the Act; (d) "Chairman" Secretary Member , Chief Executive Officer, and Financial Adviser and Chief Accounts Officer means respectively, the Chairman, Secretary, Member, Chief Executive Officer and Financial Adviser and Chief Accounts Officer of the Board; (e) "Ordinance" means the Andhra Pradesh Khadi and Village Industries board Ordinance, 1958 (Ordinance III of 1958) (f) "Rules" means the rules made by the Government under Section 28 of the Act; (g) "Section" means section of the Andhra Pradesh Khadi and Village Industries Board act, 1958;
(2) Expressions used in these rules but not defined shall have the meaning assigned to them in the Act.
CHAPTER 2 Board and its Committees
Rule 3 Disqualifications of membership of the Board and Council
(1) A person shall be disqualified for appointment as member, if onthe date of appointment, such person:-
(a) is less than twenty one years of age; or (b) is of unsound mind; or (c) has applied to be or has been or is adjudicated insolvent; or (d) has been sentenced by a Criminal Court for an offence involving marvel delinquency; or (e) has, on any previous occasion, been removed from the Office of member, or has been removed by order of a competent Court from any position of trust either for mismanagement or corruption; or (f) has any financial interest in any subsisting contract with or in any work being done for the Board except as a share holder(other than a Director or Managing Agent) in a Company as defined in Section 3 of the Companies Act, 1956 or Institution. Provided that where he is a share holder, he shall disclose to the Government the nature and extent of shares held by him in such a company or institution.
(2) A Member shall cease to hold his office, if he:
(a) is sentenced by a Criminal Court for an offence involving moral delinquency, such sentence not having been reserved; or (b) is of unsound mind; or (c) has applied to be, or has been or is adjudicated an insolvent; or (e) becomes disqualified under sub rule (1) above.
Rule 4 Casual vacancies
(1) All casual vacancies of any member of the Board or Council caused by the death or resignation or who becomes subject to disqualification laid down in Rule 3(2) shall be filed in by the State Government by notification in the Official Gazette.
Rule 5 Committees and Sub committees
(1) The Board shall constitute a Standing Finance Committee and Standing Appointment and Services Committee.
(2) The Finance Committee shall consist of not less that three Members from amongst the Members of the Board and shall include the representative of the Finance Department nominated by the Government on the Board;
(3) The appointment and Services Committee shall consist of the following members namely:
(a) the Chairman of the Board; (b) A Member of the Board; (c) The Director of Industries; and (d) The Chief Executive Officer.
(4) The Board may constitute any other Standing Committee, Adhoc Committee or sub Committee, as may be necessary from the time to time, consisting of not less than three members with prior permission of the Government.
(5) The Chairman shall be the Chairman of all Committees and sub committees and in the absence of the Chairman, the Committee or sub committee shall elect from amongst its members present, a Chairman for that meeting.
CHAPTER 3 Chairman, Secretary, Members of the Board and Council
Rule 6A Duties and powers of the Chairman
(1) The Chairman shall be responsible for the proper functioning of the Board and the implementation of its decisions and discharge of its duties under the Act.
(2) The Chairman may delegate such powers as may be vested in him or as may be delegated to him to any member or members of the Board; or Member Secretary or Chief Executive Officer or Financial Adviser and Chief Accounts Officer.
(3) The Chairman shall have the power of entertaining appeals over the promotions made and punishments inflicted by the Chief Executive Officer for which the Executive Officer is the appointing authority.
(4) The Chairman shall.
(a) cause the important papers and matters relating to policy to be presented to the Board as early as practicable; (b) cause to be maintained an account of the receipt and expenditure of the Board; and (c) cause to present draft annual report of the working of the Board to the Board for approval and submit the report as approved by the Board to the Government. The report approved by the Board should also be circulated to the Members of the Board for their information .
(5) The Chairman shall be the Controlling Officer in respect of his own Travelling Allowance bills, the Chairman shall be the Controlling Officer in respect of Travelling Allowance and Daily Allowance bills of the non official Members of the Board; the Council and all Committees and sub committees.
(6) The Chairman shall be responsible for preparing, in consulation with the Member Secretary, the Chief Executive Officer and Financial Adviser and Chief Account Officer, the Annual Budget Estimates and Supplementary Budget Estimates to be forwarded to the Government and to the Commission.
Rule 6B Honoraria and allowances for the Chairman
(1) The chairman of the Board shall be paid an honorarium Rs. 1,000 (Rupees one thousand only) per month.
(2) He shall be provided with a Car and Driver, for official purposes, whether at Headquarters or outside on tour, the maintenance whereof servicing repairs etc.; being borne by the Board. The propulsion charges of the car for use within the City limits of Hyderabad shall also be borne by the Board.
(3) He shall be entitled to draw Travelling Allowance and daily allowance at the following rates;
(i) within the State: Rs. 30 per day. (ii) Outside the State Rs. 63 per day, if the journey both ways is by air. (iii) Actual Air fare if the travel is by Air plus Rs. 20 per each way, for incidentals, plus extra luggage charges, if any. (iv) First Class or Air conditioned class fare (if air condition is available) if the travels is by Train plus incidentals at Rs. 0.15 P. per K.M.
(4) Mileage allowance at 0.75 P. per K.M. for tour outside the city limits of Hyderabad subject to the following conditions;
(a) The Chairman should meet full propulsion charges; (b) he shall not draw Daily Allowance on day or day of journey, if he draws mileage at the rate of 0.75 per K.M. (c) if he draws daily allowance alone instead of mileage no mileage allowance is admissible. In such cases the propulsion charges will be borne fully by the Board.
Rule 7A Term of office of the Secretary
The Secretary shall hold office for such period as may be decided by the Board from time to time.
Rule 7B Duties and powers of the Secretary of the Board
(1) Subject to the general control by the Chairman, the Secretary shall exercise such powers and discharge such duties as the Chairman, or the Board, from time to time; may delegate to him in addition to the following powers and duties:
(a) Convening of meetings of the Board and the Committees and sub committees thereof under the directions of the Chairman; (b) Drawing up agenda for each meeting in consultation with with the Chairman and the Chief Executive Officer and supplying the same to each member of the Board and the Committees and sub committees along with the notice of the meeting; (c) Maintaining the record of the minutes of the meetings of the Board, Committees and sub committees, thereof,
(2) The Secretary shall cause to keep a record of the members of the Board. Committees and sub committees, thereof. (2) The Secretary shall cause to keep a record of the members of the Board. Committees and sub committees and their addresses. If a member changes his address the member shall notify his new address to the Secretary who shall thereupon enter the member s new address in the record. But if the member fails to so verify, the address on the official record shall for all official purposes be deemed to be the member s address.
(3) The Secretary shall be the Controlling Officer in respect of his own travelling and daily allowances bills.
(4) The Secretary shall remain incharge of the office of the Chairman, wherenever the Chairman is absent after initimating the Board in writing of his doing so.
Rule 7C Honoraria and allowances of the Secretary
The Secretary shall be entitled to a pay of Rs. 450 per mensem and to use for official purposes a car including petrol. He shall be entitled to draw travelling and daily allowances for the journies performed for the purposes of the Board as admissible to the member of the First Class Committee.
Rule 8A Members of the Board, Honoraria and allowances
(1) All members of the Board shall be entitled to draw such conveyance, travelling and daily allowances for all the journies performed for the purposes of the Board, its Committees or sub Committee as admissible to members of First Class Committees. Members residing at the Headquarters of the Board office shall be eligible for daily allowance as admissible to members of First Class Committee. Besides the said allowances, the members shall be entitled to a siting fee of Rs. 50 per each day of sitting.
Providedt that the sitting fee payable shall be subject to a ceiling of two sittings per month.
(2) No journies shall be performed by the Secretary or any non official member except the Chairman, for the purposes of the Board outside the State without the prior approval of the Chairman.
Rule 8B Members of Council, Honoraria and allowances
The members of the Council shall be entitled to draw such conveyance, travelling and daily allowances for the journies performed by them for attending Council meetings as admissible to the members of a First Class Committee with a sitting fee of Rs. 25 per day of sitting. Members residing at the village or towns or cities where the meeting takes place will not be eligible for the daily allowance: Provided that the sitting the payable shall be subject to a ceiling of two sittings per annum.
Rule 8C Allowance at the First Appointment and Relinquishment
THe Chairman and Secretary shall be entitled to travelling allowances for journies performed on first appointment and on relinquishment.
CHAPTER 4 Officers of the Board
Rule 9 Duties and powers of the Chief Executive Officer
(1) The Chief Executive Officer shall be the Executive Head of the Board office and all other officers and servants of the Board, except the Financial Adviser and Chief Accounts Officer, shall be subordinate to him. He shall also perform such duties and exercise such powers delegated to him by the Board or by the Chairman. He may participate in all the meetings of the Board and its committees and sub committees but shall not have the right to vote thereat.
(2) (a) Subject to sub rule (1), the powers and duties of the Chief Executive Officer shall be
(i) to co ordinate, supervise and control the work of the officers and servants of the Boards; (ii) to implement the decisions taken by the Board; (iii) to examine application for assistance both under loans and grants and place them before the Finance Committee and the Board in consultation with the Financial Adviser and Chief Accounts Officer for sanction; (iv) to take timely steps under the provisions of the Act for recovering the loans due from the Co operative Societies, Registered Institutions and Trusts and individuals to whom advances were made and to furnish to the Finance Committee, the Board and the Government a quarterly progress report on the progress of recoveries; (v) to countersign the travelling allowance bills of all the officers and staff of the Board except the Financial Adviser and Chief Accounts Officer and the Accounts and Audit staff. (vi) to furnish to Government all reports including annual returns and necessary documents required under the Act and Rules. (vii) to hold the custody of such property both moveable and immoveable belonging to the Board as the Board deems necessary for the purpose of any of the said activities and to lease, sell or otherwise transfer any property held by the Board on the orders of the Board or by Government. (viii) to obtain and implement the orders of the Board or the Government regarding the purchase or lease or under any form of tenancy of any land or house, garages, sheds, office buildings, godowns, workshops, vehicles, equipment tools, accessories, spare parts of the vehicles or of any other articles as may be necessary for the purposes of carrying on the Board s operations. (ix) to authorise the disposal of old and unserviceable articles and other stores of scrap value; (x) to select and appoint officers and servants by direct recruitment and also recruitment by promotion to fill up vacancies in the Board or in the Regional Offices or in the field staff when need be: Provided that the maximum of scale of pay (excluding allowances) does exceed Rs. 320 p.m.
(xi) to punish or remove or dismiss the officers and servants of the Board for which he is the appointing authority and to inflict all penalties except dismissal, removal or reduction in rank in the case of officers and staff for which he is not the appointing authority but which are under his administrative control.
2. (b) The Chief Executive Officer may sanction expenditure of contingencies, supplies and services and purchase of articles required for the working of the Board not exceeding Rs. 500 at a time. The Chief Executive Officer may refer any matter to the Government or Commission in which his advice has been disregarded under intimation to the Chairman and the Board.
(2) (c) The Chief Executive Officer will be his own controlling officer for the purposes of countersigning Travelling Allowance, Daily Allowance and medical reimbursement bills, and he will be competent to make his own tour programmes subject to the condition that all the tours outside the State would be with the previous approval of the Chairman of the Board.
Rule 10 Duties and powers of the Financial Adviser and Chief Accounts Officer
(1)
(i) The Financial Adviser and Chief Accounts Officer shall advise the Board on all matters relating to receipts and expenditure. (ii) He may participate in every meeting of the Board and its committees and sub committees; but shall not have the right to vote thereat. He shall have the right to refer to the Board any matter having financial implication which in his opinion ought to be brought to its notice. (iii) He shall supervise the maintenance of accounts, and conduct of audit by the Board, the compilation of the annual and other financial statements and the manner in which the accounts are maintained and made available to audit. (iv) He shall have the right to record his views on every proposal involving expenditure from the funds of the Board. (v) He may under intimation to the Chairman and the Board, refer any other matter to the Government or Commission in which his advice has been disregarded.
(2) He will be his own Controlling Officer for the purposes of countersigning travelling allowance, daily allowance and medical reimbursement bills and he will be competent to make his own tour programmes subject to the condition that all the tours outside the State would be with the previous approval of the Chairman of the Board.
(3) He will exercise the following powers in respect of accounts and audit staff:
(a) power to approve tour programmes and diaries of the staff of the accounts and audit wing; (b) power to grant advances of tour, travelling allowance to the above staff as per rules; (c) power to contersign the travelling allowance bills of the above staff as per rules; (d) power to initiate disciplinary action against the above staff where necessary and the power to write confidential rolls of the accounts and audit staff and officers. (e) In matters of transfer, promotion, regular leave, concerning the officers and staff of the accounts and audit wing, action shall be taken by the Administration only after consulting the Financial Adviser and Chief Accounts Officer.
(4) He shall have power to sanction contingent expenditure upto Rs. 50 in any one case other than non recurring expenditure.
(5) All statements of accounts forwarded by the Board to the Commission or to the Government shall bear the signature of the Financial Adviser and Chief Accounts Officer and every financial proposal from the Board shall bear an indication whether the same has received the concurrence of the Financial Adviser and Chief Accounts Officer.
(6) He shall be in supervisory charge of the accounts and audit wing and shall have the authority:
(a) to draw and disburse pay and allowances of the staff of the Head office, departmental units and other establishments whose pay and allowances are drawn by the Head office; (b) to sign cheques to the extent authorised by the Board in this regard; (c) to pay recurring charges such as electricity and telephone charges, office rent, etc, and leave salary and pension contributions under competent sanction; (d) to pay arrears of claims of pay and allowances, etc., upto six months under competent sanction; (e) to issue receipts on behalf of the Board for the amounts received by it; (f) to reimburse the expenditure in cases where imprests or temporary advances are sanctioned under competent sanction; (g) to pass bills on the basis of sanctions accorded by competent authorities; (h) to allow the staff of the accounts and audit wing to proceed on duty outside the limits of their charge but within the State; (i) to pay advances of pay and allowances as per rules under competent sanction ; and (j) to control cash, valuables, stock and maintain the connected accounts.
CHAPTER 5 Budget Audit and Accounts
Rule 11 Budget
(1) The Budget Estimates of the Board for every financial year shall be prepared in the prescribed pro forma consisting two separate parts, viz., (a) for expenditure to incurred in respect of schemes financed by the Commission and (b) for expenditure to be met from establishment grant given by the Government. After approval by the Board, they shall be forwarded on or before 15th October of the previous financial year to the State Government through the Director of Industries and the Commission for approval; Provided that at the request of the Board, the Government may extend the time limit to such period as they may think fit.
(2) The State Government shall after receipt of remarks of the Director of Industries, approve the Budget before 15th January of the previous financial year indicating such amendments or alterations as they consider necessary. The Board shall carry out the amendments or alterations indicated by the Government and obtain the financial approval of Government after revision.
(3) The Budget thus approved shall constitute the Budget under the seal of the Board and signed by the Chairman. Authenticated copies thereof shall be forwarded to the Commission on or before 31st January.
(4) The approved Budget shall be published in the Andhra Pradesh Gazette and in such other manner as may be prescribed from time to time.
Rule 12 Supplementary Budget
If for any reason, substantial modifications of the Budget Estimates as finally approved by the Government are likely to be involved, during any financial year, the Board shall submit for approval to the Government through the Director of Industries Supplementary Estimates in such form and on such dates as the Government may by order from time to time direct.
Rule 13 Annual Accounts
Within three months after the end of the financial year the annual accounts showing the financial results of the working of the Board shall be prepared with such subsidiary accounts as may be necessary and in such form as may be prescribed and placed before the Board with the commencements of the Financial Committee. These accounts authenticated by affixing the common seal and duly passed by the Board shall be submitted to the Government through the Director of Industries and the Audit Officer by the Government normally by the end of August; Provided that at the request of the Board, the Government may extend the date of submission of accounts by such period as they may think fit.
Rule 14 Accounts and Audit
(1) The Board shall maintain and prepare the following in such form as may be prescribed by the Board in consultation with the Government and Audit Officer:
(i) proper accounts and other relevant records; (ii) annual statement of accounts including profit and loss account and balance sheet.
(2) The accounts of the Board shall be audited by the Audit Officer.
(3) The Audit Officer shall furnish the Board and the Government with a statement each, where necessary, in regard to any material impropriety or irregularity which he may observed in the expenditure or in the recovery of monies due to,or in the accounts of the Board.
(4) The Board shall forthwith remedy any defect or irregularity that may be pointed out by the Audit Officer and shall report to the Government the action taken by it thereon within ninety days of the receipt of the report of the Audit Officer;
Provided that, if there is any difference of opinion between the Board and the Audit Officer or if the Board does not remedy any defect or irregularity, the Government may, and on reference specifically made therefor by the Audit Officer shall, in consultation with the Audit Officer, pass such orders thereon as they think fit and the Board shall thereafter take action in accordance therewith within such time as may be specified by the Government.
Rule 15 Placing the Board in possession of Funds
After the Budget relating to the Board has been approved by the Government and after due appropriation has been made by the Legislature by law in this behalf, the Government will place the Board in possession of funds granted by the State Government, periodically after receipt of utilisation certificates for funds released in the previous years. The period of release shall be determined by the Government from time to time.
CHAPTER 6 Miscellaneous
Rule 16 Borrowings by the Board
(1) The Board may, with the previous sanction of the Government, borrow any sum or sums on the security of its funds or assets for the purpose specified in Section 16(2) of the Act.
(2) While applying for such sanction of the Government, the Board shall furnish all such particulars in respect of the amount, purpose, nature and circumstances of the proposed borrowing as the Government may require.
(3) Any money borrowed under this rule shall not be applied for any other purposes without the previous sanction of the Government.
Rule 17 Advance of Loans and sanction of Grants and Subsidies
The Board shall sanction loans, grants or subsidies in accordance with the rule for Khadi and Village Industries made by the Government or the Commission from time to time and in accordance with and at such rates and on terms as approved by the Government or the Commission in respect of each industry for the funds sanctioned by the Government or Commission respectively. The Government may, on their own motion or on the recommendation of the Board, modify or supersede the financial rates and terms previously sanctioned in respect of funds sanctioned by Government.
Rule 18 Contracts
(1) The Board may, in connection with its trading and other activities, enter into contracts provided financial provision therefor exists in the sanctioned Budget.
(2) Contracts made on behalf of the Board shall not be binding on the Board unless they are executed by a person duly authorised in that behalf by the Board and the seal of the Board affixed thereto.
(3) Any person duly authorised to enter into contracts on behalf of the Board shall not be liable personally for any assurance or contracts made on behalf of the Board and any liabilities arising out of such assurance or contract shall be discharged from the moneys at the disposal of the Board.
Rule 19 Acquisition of Moveable and Immovable properties by the Board
(1) The Board may acquire moveable properties by obtaining quotations or by getting the properties valued by a competent technical authority of the Government;
(2) The Board may acquire immovable properties either by agreement, and private negotiations or by moving the Government to acquire such property in accordance with the law of acquisition from time to time in force in the State.
(3) Immoveable proprieties other than lands, should be got estimated by the Public Works Department, before they are sold and then sold either by private negotiations or in public auction for a sum not less than the value fixed by the Public Works Department. If the immoveable property is land, the market value may be got fixed by the District Collector and then sold either by private negotiations or in public auction for a sum not less than the value fixed by the Collector.
(4) The Board may lease out its immoveable properties at such rates not less than those fixed by the Public Works Department in case of building and the Revenue Department in case of lands.
Rule 20 Custody of the commen seal
The common seal of the Board shall remain in the possession and custody of the Chief Executive Officer
CHAPTER 7 Reports And Returns
Rule 21 Annual progress on work and other statements and reports to be submitted by the Board
(1) The annual programme of works and particulars of schemes, etc, referred to in Section 13 of the Act shall be prepared in Form 1 and Form II respectively and shall be forwareded to the Government before 30th September preceding the yar for which the programme of work is prepared.
(2) The annual report referred to in Section 22 of the Act regarding activities during the previous financial year shall be prepared by the Secretary and laid before the Board. After approval by the Board copies of the same shall be forwarded to the Government before 30th September suceeding the year to which the report relates. The annual report shall, in addition to matters of general interest, deal with the following matters, namely:-
(a) the names of members and Chief Officers of the Board, organisation of various sections of the Board and chart showing the organisation. (b) review of the work of the Board and Local Advisory Committee; (c) details of any institutions which the Board has closed down or over which the Board assumed control; (d) details of any undertakings which the Board has acquired; (e) other activities of the Board such as manufacture of Khadi and other industrial products, show room display, etc,; (f) progress made in establishment of industrial institutions; (g) particulars of training facilities and welfare schemes for the staff; (h) general financial position of the Board indicating profit or loss made during the year; and the financial prospects for the ensuing year; (i) statistical data in the form as may be prescribed by the Government.
CHAPTER 8 Repeal
Rule 22 Repeal
(1) The Andhra Pradesh Khadi and Village Industries Board Rules, 1958, are hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken or deemed to have been done or taken by the Board under the said rules, shall, so far as it is consistent with these rules, be deemed to have been done or taken under the corresponding provisions of these rules.
APPENDIX 1 Programme of The Works to be Done in the Year
FORM
(See Rule 21)
FORM 1 (See Rule 21) Programme of The Works to be Done in the Year (i) Description of work to be done. (ii) Manner in which the scheme or the work is to be carried out. (iii) Area selected. (iv) Whether the area selected is suitable for the work to be carried out. (v) Estimated expenditure. (vi) Estimated receipts.
APPENDIX 2 Particulars of Schemes
FORM
(See Rule 21)
FORM II (See Rule 21) Particulars of Schemes (i) Description of the Scheme. (ii) Area selected. (iii) Number of centres to be opened. (iv) Number of persons to be trained. (v) Progress of work done during the year. (a) Centres opened. (b) Persons trained. (c) Total quantity produced. (vi) The amount and particulars of grants subscriptions, donations and gifts received by the Board during the last financial year. (vii) Actual expenditure incurred during the last three years (separate figures for each year should be given) (viii) Actual receipts during the year. (ix) Estimated expenditure of the scheme which the Board Proposes to execute during the next year together with a Schedule of the Staff of Officers and servants to be employed during the next year to be given as per schedules A and respectively appended to this Form (Recurring and Non recurring figures to be shown separately). (x) Reasons for additional grants, if any, asked for during the next financial year.
SCHEDULE A Particulars of Individual Schemes
SCHEDULE [See Item (ix) of Form II] SCHEDULE A [See Item (ix) of Form II] Particulars of Individual Schemes
(i) Description of the Schemes.
(ii) Area selected.
(iii) Number of centres to be opened, if any.
(iv) Number of persons to the trained.
(v) Progress of work done during the year.
(a) Centres opened.
(b) Persons trained.
(c) Total quantity produced.
(vi) Grants, if any, sanctioned during the current year.
(vii) Actual receipts during the year.
(ix) Estimated expenditure of the scheme which the Board proposes to execute during the next year together with a schedule of the Staff of Officers and servants to be employed during the next year (Recurring and Non recurring figures to be shown separately).
(x) Reasons, if any
SCHEDULE B SCHEDULE
SCHEDULE SCHEDULE B [See item (ix) of Form II] Details of Staff Officers and Servants to be Employed
Sl.No. Name and description of the staff Grade of the post The total of actual pay during the year Increment falling due within the year Amount of increment for the year Special pay and other allowances clased as pay Total provision for the year, i.e., total of columns, (4), (5) and (6)
Date of Rate of
(1) (2) (3) (4) (5) (6) (7) (8) (9)
REGULATION:
ANDHRA PRADESH KHADI AND VILLAGE INDUSTRIES BOARD EMPLOYEES DISCIPLINE AND APPEAL REGULATIONS
Under Section 29 of the Andhra Pradesh Khadi and Village Industries Board Act, 1958 (A.P. Act IV of 1959), the Andhra Pradesh Khadi and Village Industries Board with the previous sanction of the Government hereby makes the following Regulations.
PART 1 General
Regulation 1 Title
Application and Commencement: 1. The Regulations may be called the Andhra Pradesh Khadi and Village Industries Board Employees Discipline and Appeal Regulations .
2. These Regulations shall apply to all the employees of the Board except;
(a) Those in casual employment or paid from contigenies. (b) Those governed by the standing orders and; (c) Those in respect of whom the Board may have issued or may issue, separate Regulations regarding discipline and appeal.
3. They shall come into force from the date of notification in the official Gazette.
Regulation 2 Definition
1. "appointing authority" in relation to any employee means the authority empowered to make appointments to the category, class or grade in which the employee is for the time being is included.
2. "board" means the Andhra Pradesh Khadi and Village Industries Board, constituted under sub section (3) of Section 3 of the Act.
3. "board" premises includes its Sub ordinate offices and establishments.
4. "Chairman" means the Chairman of the Board.
5. "chief executive officer" means the Chief Executive Officer of the Board.
6. "disciplinary authority" means the authority competent to impose any penalty under these Regulations specified in the schedule.
7. "employee" means a person who holds a post under the Board.
8. "schedule" means the schedule appended to these Regulations
PART 2 Discipline
Regulation 3 Nature of Penalties
1. The following penalties may, for good and sufficient reason and as hereinafter provided, be imposed on an employee namely:
2. Minor Penalties:
(a) Censure (b) Fine (c) with holding of increment or promotion. (d) Recovery from pay of the whole or part of the recovery of loss damage to the Board.
3. Major Penalties:
(a) Suspension as a specific punishment. (b) Reduction to a lower grade or post, or stage in a time scale of pay. (c) Removal or dismissal from service. Explanation: The following shall not amount to a penalty within the meaning of these Regulations. (1) With holding of increment on amount to work being found unsatisfactory or for failure to pass the prescribed tests or examination. (2) Stoppage at the efficiency Bar in a time scale on the ground of unfitness to cross the Bar. (3) Non Promotion, whether in an officiating capacity or otherwise to a higher post on grounds of unsuitability. (4) Reversion to a lower grade or post on the grounds of unsuitability for such higher grade or post, or on administrative grounds unconnected with his conduct. (5) Termination of probation during or at the end of the period of probation, in accordance with the terms of his appointment or probation. (6) Termination of service. (a) of an employee appointed in a temporary capacity on the expiration of the period for which he was appointed, or earlier in accordance with the terms of appointment. (b) of an employee in accordance with the terms of his appointment and; (c) of an employee on reduction of establishment, or abolition of posts.
Regulation 4 Acts of Mis conduct
1. Without prejudice to the general meaning of the term misconduct, it shall include the following:-
2. habitual late attendance, wilful or habitual absence from duty without leave or without sufficient cause.
3. Negligence or neglect of duty, malingering, loitering, idling, wasting of time during working hours and wilfully allowing, slowing down the performance or work or inciting others to do so.
4. Leaving station without permission.
5. Gambling, drunkenness, intoxication or riotous or dis orderly or indecent behaviour, threatening, intimidating, coercing other employees or interference with the work of other employees.
6. Collection of or canvassing for, money without the prior written permission of competent authority.
7. Acceptance of gifts, from and lending or borrowing money to or from subordinate employees.
8. Deliberately spreading false information or rumours with a view to bringing about disruption of the Board s normal work.
9. Un authorised use or occupation of the Board s premises, land or other property.
10. Habitual indiscipline or wilful insubordination or disobedience of any lawful or reasonable order of higher authority, and also neglecting the order to work overtime in accordance with the Board s regulation of any other law that may be in force from time to time.
11. Theft of Board s property, misappropriation, fraud or dishonestly in connection with the Board s business or property either within or outside the Board s premises or its precints of thefts of another employee s property within the Boards premises of its precincts.
12. Giving false information regarding one s particulars for purposes of employment of concealing any facts about any previous employment, age and other particulars in this respect or giving false evidence at the time of any departmental enquiry.
13. Taking or giving offering or asking for brides or any illegal gratification whatsoever or indulging in corrupt practices.
14. Assaulting or intimidating employees of the Board.
15. Sabotage or wilful damage to,or loss of Board s goods or property.
16. Unauthriosed communication of official documents or information relating to the Board s activities.
17. Striking work or inciting others to strike work in contravention of the provision of any law or rule having the force of law.
18. Conviction by a court of law for any criminal offence involving moral turpitude.
19. Breach of any law applicable to the workers or of the conduct rules and any other rules or orders issued by the Board from time to time.
20. Contracting another marriage while wife is still alive, or marrying a person who has a wife living without first obtaining the permission of the Board.
21. Adjudged insolvency not warranting continuance of the Board s trust and confidence which the duties of the employees call for.
22. Writing of anymous letters etc., addressing appeals or representations to an authority other than the appellate or the appropriate authority.
23. Abetment or attempt at an act of mis conduct.
24. Engaging in other employment while still in the service of the Board without prior permission of the competent authority.
25. Commission of any act subversive to good behaviour or of the discipline of the Board.
26. Canvasing for party membership or the collection of party dues, funds contribution etc., on the Board s premises or its precincts.
27. Distributing or exhibiting in the Board s premises or its precincts hand bills, pamphalets, posters or causing to be dis played by means of signs or writing or other visible representations, any matter without previous sanctions of the authority.
28. Organising, holding, attending or taking part in any meeting within the Board s premises or its precincts without sanction of the authority.
29. Conduct within the Boards premises or its precincts which is likely to danger the life or safety of any person.
30. Refusal to accept charge sheet, order or other communications served either in accordance with these rules or in the interest of discipline.
31. Wilful falsification, defacement, or destruction of personal records or any records of the Board.
32. Refusal to work on holidays or on Sunday, when notified to do so in the exigencies of the Board s or work.
33. Surrounding or forcibly detaining Management or any of the Board s Officers.
34. Allowing an unauthorised person to operate Board s vehicles.
35. Possession of any lethal weapons on the Board s premises or within its precints.
Regulation 5 Disciplinary Authorities
1. The appointing authority may impose any of the penalties specified in Rule (3) on any employee. Like wise, the Board may impose any of the penalties specified in Rule (3) on any employee except an employee on foreign service from Government or any other body or institution.
2. Without prejudice to the provisions of sub rule (1) the disciplinary authority specified on Col. 4 of the Schedule can impose minor penalties and the disciplinary authority specified in column (5) of the schedule can impose major penalties upon the categories of employees shown in Col. (1) of the Schedule.
Regulation 6 Procedure for Imposing Minor Penalties
1. When it is proposed to impose any of the minor penalties on an employee he shall be informed in writing of the allegations or charges on account of which it is proposed to impose the penalty on him and asked to submit his explanation within a specified period not exceeding even days. The explanation and evidence, if any furnished by the employee shall be taken into consideration by the disciplinary authority before passing orders.
2. The record of proceedings in such case shall include:
(a) A copy of the statement of allegations and or charges communicated to the employee. (b) The explanation and evidence, if any furnished by the employee, and (c) The findings of and the orders passed by the disciplinary authority.
Explanation:-
1. Imposition of the penalty of "fine" shall be subject the provision of the Payment of Wages Act, 1936. 2. Where the penalty of withholding of increment or promotion or reduction to a lower grade or post is imposed on any employee, the disciplinary authority shall state the period for which it will be effective and where increment is withheld it will be granted on the expiry of that period without affecting the normal date of increment in future, unless the order indicates that the stoppage of increment will have cumulative effect.
Regulation 7 Procedure for Imposing Major Penalties
1. When an employee is charged with misconduct which may lead to the imposition of a major penalty, the disciplinary authority shall frame definite charge on the basis of the allegations against him. The charge together with a statement of the allegations on which they are based. shall communicated in writing to the employee with a direction that he shall submit written statement of defence within such time as may be specified by the disciplinary authority (not exceeding 15 days)
2. On receipt of the written statement of the employee, of if not such statement is received within the time specified, on the expiry of such period, an enquiry may be held by the disciplinary authority itself, or by an officer or committee appointed for the purpose (here in after called the Enquiry authority) by the disciplinary authority.
3. At the enquiry, reasonable opportunity shall be afforded to employee for explaining his case, but he will not be allowed to engage legal practitioner for this purpose, unless specifically allowed by the competent authority.
Regulation 8 The record of the enquiry in such cases shall include
1. The charges framed against the employee and the statement of allegations furnished to him under sub rule (1) of Rule 7.
2. His written statement of defence, if any;
3. The oral and or documentary evidence, if any adduced in the course of the enquiry, and
4. The finding on each charge and the reasons therefor.
Regulation 9
The disciplinary authority shall consider the record of enquiry, record its conclusion on each charge and pass appropriate order.
Regulation 10 Joint enquiry
1. Where two or more employees are concerned in any case, the disciplinary authority competent to impose a major penalty on all such employees may make an order directing that disciplinary action against all of them may be taken in common proceeding and specifying the authority which may function as the disciplinary Authority for the purpose of such common proceeding.
Regulation 11 Special procedure in certain cases
1. The disciplinary authority may dismiss an employee from service without following the procedure laid down in Rule 7, if a penalty is imposed on an employee on the ground of conduct which has led to his conviction on a criminal charge.
PART 3 Suspension
Regulation 12 Suspension
1. Where disciplinary proceedings under Regulation 7 are contemplated, or are taken, against an employee or where a case, against him in a respect of any criminal offence is under investigation or trial, he may be placed under suspension by the disciplinary authority subject to a report being made simultaneously to the appointing authority where the disciplinary authority is not the appointing authority.
2. An order or suspension made under this Regulation may at any time be revoked by the authority which made the order or by any higher authority.
Regulation 13 Subsistance Allowance
1. An employee under suspension shall be entitled to subsistance allowance equal to half of the total of his basic pay and dearness allowances, if any, provided that he declares to the satisfaction of the disciplinary authority that he is not engaged in any other employment, business, profession or vocation.
2. In case where, for reasons to be recorded in writing the period of suspension exceeds six months for reasons for which the employees is not responsible, the subsistance allowance will be 3 4the of his basic pay plus dearness allowances if any for the period beyond sic months.
Regulation 14 Payment of Pay Allowances on reinstatement
1. When an employee who has been dismissed, removed or suspended is reinstated the authority competent to order the reinstatement should consider and make a specific order.
(a) Regarding the pay and allowances to be paid to the employee for the period of his absence from duty; and (b) Where or not the said period shall be treated as period spent on duty.
2. Where the competent authority is of opinion that the employee has been exonerated or in the case of suspension where it was wholly unjustified, the employee shall be given the full pay and allowances, to which he would have been entitled, had he not been dismissed, removed or suspended, as the case may be treating the period of absence as duty.
3. In other cases, the employee should be given such proportion of pay and allowances as the competent authority may specify provided that the payment of allowances shall be subject to the conditions under which the allowances are otherwise admissible and that such proportion shall not be less than the subsistance and other allowances.
4. In cases, the employee is not exonerated, the period should not be treated as a period spent on duty unless the competent authority specifically directs that it should be treated as duty for any specified purposes. If the employee so desires that the period of absence from duty may be converted into leave of any kind due and admissible to the employee.
5. On conversion of the period of suspension into leave if it is found that a part of the period is to be treated as extraordinary leave for which no leave salary is admissible for the recovery of the subsistance allowance already paid for the corresponding period would be in order.
PART 4 Appeals
Regulation 15 Appeals against order imposing panalties
1. An employee can appeal against any order imposing penalty upon him. The appeal shall lie to the authority specified in column (6) of the schedule.
Regulation 16 Appeals against other orders
1. An employee may appeal against an order which;
(a) denies or varies to his advantages, his pay, allowances provident fund or other conditions of service as regulated by the rules or by agreement; or (b) interprets to his dis advantage the provisions of any such rule or agreement, to the authority as per column 5 of the schedule.
2. In all other matters an employee may send a representation or a petition in the matter prescribed in Regulation 17.
Regulation 17 Procedure for submission of appeals
1. An appeal shall be preferred to the appellate authority within one month from the date of the order appealed against.
2. Submission of an appeal to an authority other than the appellate authority, shall be deemed to be misconduct, provided that where an appellant does not get any reply within 30 days of the submission of the appeal, he may send a copy of appeal direct to the next higher appellate authority explaining the circumstances necessitating, his doing, so and sending a copy thereof to the authority to whom his appeal was originally submitted.
Regulation 18 Consideration of Appeals
1. The appellate authority shall consider whether the findings are justified and whether the penalty imposed is excessive or adequate and pass suitable orders.
Regulation 19 Review
1. Notwithstanding anything contained in these Regulations the Board may call for the record of any case involving a major penalty within 6 months of the date of the final order and after reviewing the case, pass such orders thereon it may deem fit.
PART 5 Miscellaneous
Regulation 20 Interpretations
1. The interpretation of these regulations shall be final.
SCHEDULE 1 SCHEDULE 1
SCHEDULE (RULES)SCHEDULE (RULES)
S.No. Category of the Post Appointing authority Minor penalties Major penalties Appellate authorities in case of major penalties
(1) (2) (3) (4) (5) (6)
1. Category I Board C.E.O. Chairman Board
2. Category II Board C.E.O. Chairman Board
3. Category III to VIII C.E.O. Dy. C.E.O. C.E.O. Chairman
4. Category IX to X C.E.O. Dy. C.E.O. C.E.O. Chairman
[Lr.No.1506 V.I. 84 2, Industries, Commerce Power (V.I) Dept., dated 18-7-1985.] |
