LexaceLexace Ask the AI ›
⚖️ Ask the AI about your situation:🚗 Car Accident💼 Work / Job🏠 Housing / Eviction👪 Family / Divorce📋 Contract Dispute💰 Money Owed

The Gujarat Scheduled castes Development Corporation Act,1985

Gujarat · state statute
Open in Lexace · Ask the AI about this act
1985 : Guj. 10]   THE GUJARAT SCHEDULED CASTES DEVELOPMENT CORPORATION ACT, 1985.  1 
 
 
 
 
 
 
 
 
 
 
GOVERNMENT OF GUJARAT 
 
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT 
 
 
 
 
 
 
 
THE GUJARAT SCHEDULED CASTES 
DEVELOPMENT CORPORATION ACT, 1985 
 
 (GUJARAT ACT NO. 10 OF 1985) 
 
 
 
 
(As modified upto the 31st December, 2024.) 
 
 
 
 
 
 
2024 
 
 
( Price : `. 20-00 )
 
2 THE GUJARAT SCHEDULED CASTES DEVELOPMENT CORPORATION ACT, 1985 .  [1985 : Guj. 10 
 
 
1985 : Guj. 10]   THE GUJARAT SCHEDULED CASTES DEVELOPMENT CORPORATION ACT, 1985. 3 
 
 
 
 
 
 
 
 
 
 
 
GOVERNMENT OF GUJARAT 
 
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT 
 
 
 
 
 
THE GUJARAT SCHEDULED CASTES 
DEVELOPMENT CORPORATION ACT, 1985 
 
 (GUJARAT ACT NO. 10 OF 1985) 
 
 
 
 
(As modified upto the 31st December, 2024.) 
 
 
 
 
 
 
2024 
 
 
( Price : `. 20-00 ) 
 
GCPG-H-138-00-06-2024-DTP-2 
4 THE GUJARAT SCHEDULED CASTES DEVELOPMENT CORPORATION ACT, 1985 .  [1985 : Guj. 10 
 
 
 
 
© 
 
 
 
 
 
 
 
 
 
 
 
Government Central Press, Gandhinagar. 
 
 
 
 
 
1985 : Guj. 10]   THE GUJARAT SCHEDULED CASTES DEVELOPMENT CORPORATION ACT, 1985. 5 
 
THE GUJARAT SCHEDULE CASTES  
DEVELOPMENT CORPORATION ACT, 1985. 
............................... 
 
CONTENTS. 
 
PREAMBLE.   
Sections  Page No. 
 CHAPTER I. 
PRELIMINARY. 
 
1. Short title, extent and commencement. 1 
2. Definitions. 1 
 CHAPTER II. 
ESTABLISHMENT AND CONSTITUTION  
OF THE CORPORATION. 
 
3. Establishment and incorporation of Corporation.  2 
4. Headquarters of Corporation. 2 
5. Constitution of Corporation. 3 
6. Term of office and conditions of appointment for director. 3 
7. Filling up casual vacancies. 3 
8. Disqualifications for office of director. 3 
9. Director not to participate in certain cases. 3 
10. Removal and resignation of director. 4 
11. Managing Director. 4 
12. Officers and other employees of Corporation. 4 
13. Meetings of Corporation. 4 
14. Acts and proceedings presumed to be valid notwithstanding any defect. 5 
15. No disqualification in certain cases. 5 
 CHAPTER III. 
FUNCTIONS AND POWERS OF THE CORPORATION. 
 
16. Functions and powers of corporation. 5 
 CHAPTER IV. 
FINANCE, ACCOUNTS AND AUDIT. 
 
17. State Government to provide Initial Capital. 6 
18. Fund of Corporation. 6 
19. Accounts. 7 
20. Audit. 7 
 
6 THE GUJARAT SCHEDULED CASTES DEVELOPMENT CORPORATION ACT, 1985 .  [1985 : Guj. 10 
 
PREAMBLE.   
Sections  Page No. 
 CHAPTER V. 
MISCELLANEOUS. 
 
21. Advisory Committee. 7 
22. Recovery of money due to Corporation. 8 
23. Dissolution. 8 
24. Consequence of dissolution of Corporation. 8 
25. Protection of action taken in goodfaith. 9 
26. Indemnity to directors. 9 
27. Power of Corporation to make regulations. 9 
28. Power of State Government to make mules. 9 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1985 : Guj. 10]   THE GUJARAT SCHEDULED CASTES DEVELOPMENT CORPORATION ACT, 1985.  1 
 
 
 BOMBAY ACT NO. 10 OF 1985. 1*  
[THE GUJARAT SCHEDULED CASTES DEVELOPMENT  
CORPORATION ACT, 1985.] 
 [12th July, 1985.]  
 Amended by Guj. 21 of 1986.**  
 Amended by Guj. 1 of 1999.   
 Amended by Guj. 1 of 2001.   
 Amended by Guj. 28 of 2003.   
   
 AN ACT  
 to provide for the establishment of a Corporation 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 
Corporation Act, 1985. 
Short title, 
extent and 
commencement. 
 (2) It extends to the whole of the State of Gujarat. 
 (3) It shall come into force on such date as the State Government may, 
by notification in the Official Gazette, appoint. 
 
 2. In this Act, unless the context otherwise requires,- Definitions. 
 (a) "agriculture" includes dairy farming, poultry farming, breeding of 
livestock, pisciculture, sericulture and forestry; and the term "agricultural" 
shall be construed accordingly; 
 
 (b) "Chairman" means the Chairman of the Corporation;  
 (c) "Corporation" means the Gujarat Scheduled Castes Development 
Corporation established under section 3; 
 
 2[(d)"director" means a director of the Corporation and includes the 
Chairman and the Vice-Chairman;] 
 
 (e) " managing director" means a director appointed as  managing 
director under sub-section (3) of section 5; 
 
 (f) "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) "prescribed" means prescribed by rules made under this Act;  
 1. For Statement of Objects and Reasons, See Gujarat Government Gazette, Extraordinary, Part V, 
dated the 21st March, 1985, Page No. 6-12 to 6-13.  
* This Act was assented by the Governor on the 10th July, 1985. 
* * This Amendment Act was deemed to have come into force on the 2nd July, 1986.  
2. Clause (d) was substituted by Guj. 21 of 1986, s. 3(1)(a). 
 
2 THE GUJARAT SCHEDULED CASTES DEVELOPMENT CORPORATION ACT, 1985 .  [1985 : Guj. 10 
 
 (h) "processing" means all activities relating to the processing of 
agricultural produce or 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;  
 
 (i)  "regulation" means a regulation made under section 27;  
 (j)  "Scheduled Castes" means such castes or communities or parts 
of, or groups within, such castes or communities as are deemed to be 
Scheduled Castes in relation to the State of Gujarat under article 341 of the 
Constitution of India; 
 
 (k) “society" means a society registered under the Societies 
Registration Act, 1860, or a co -operative society registered under the 
Gujarat Co-operative Societies Act, 1961. 
XXI of 1860. 
Guj. X of 1962. 
 (l)  "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; 
IX of 1932. 
  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 society 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 capital investment does not exceed such amount as may be 
prescribed; 
 
 (n) "supply and storage" means supply and storage of agricultural or 
industrial inputs and establishment, mainta nance and running of storages, 
cold storages and warehouses; 
 
 1[(o) Vice-Chairman" means the Vice-Chairman of the Corporation.]  
 
CHAPTER II. 
Establishment and Constitution of The Corporation. 
 
Establishment 
and 
incorporation  
of Corporation. 
3. (1) For the purpose of securing the uplift of Scheduled Castes in the 
State of Gujarat, the State Government may, by notification in the Official 
Gazette, establish a Corporation by the name of the Gujar at 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  
of Corporation. 
4. The headquarters of the Corporation shall be at Gandhinagar or at 
such other place as the State Government may, by notification in the 
Official Gazette, specify. 
 
 1. Clause (o) was added by Guj. 21 of 1986, s. 3(1)(b).  
1985 : Guj. 10]   THE GUJARAT SCHEDULED CASTES DEVELOPMENT CORPORATION ACT, 1985. 3 
 
 5. (1) The Corporation shall consist of not more than fifteen directors 
who shall be nominated by the State Government: 
Constitution of 
Corporation. 
 Provided that not less than three 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 Gov ernment, have special 
knowledge or Practical experience in matters relating to agriculture, agro -
industries, water development projects, finance, co -operation and socio -
economic problems of Scheduled Castes: 
 
 Provided further that not less than six non-official directors shall belong 
to the Scheduled Castes: 
 
 1[Provided also that the State Government shall nominate at least one 
woman as non-official member.] 
 
 2[(2) The State Government shall appoint one of the directors as 
Chairman and one of the other directors as Vice-Chairman.] 
 
 (3) The State Government shall appoint one of the official 
directors to be the managing director of the Corporation. 
 
 6. 3[(1)The director shall hold office during the pleasure of the State 
Government.] 
Term of office 
and conditions 
of Appointment 
for director.   (3) Subject to the provisions of this Act, the terms and conditions  of 
the appointments of the directors other than the managing director and the 
fees and allowances payable to them shall be  such as may be prescribed. 
 7. On the occurrence of any vacancy in the office of a director due to 
death, resignation or any other reason, the same shall be filled up by the 
State Government in the manner provided in section 5 4[* * * * ]. 
Filling up 
casual 
vacancies. 
 8. A person shall be disqualified for being nominated as, and for being, 
a director, if he- 
Disqualifications 
for office of 
director. 
 (a) is, or at any time has been, adjudicated insolvent or has suspended 
payment of his debts or has compounded with his creditors; or 
 
 (b) is of unsound mind and stands so declared by a competent court; or   
 
 
XXII of 1955. 
(c) is or has been, convicted of any offence which, in the opinion of 
the State Government, involves moral turpitude or convicted under the 
Protection of Civil Rights Act, 1955, or  
 
 (d) is, or has been, removed or dismissed from the service of any 
State Government or the Central Government or a Corporation owned or 
controlled by any State Government or the Central Government. 
 
 9. A director who has any direct or in direct pecuniary interest in any 
matter coming up for consideration at a meeting of the Corporation shall, as 
soon as possible, after the relevant circumstances have come to his 
knowledge, disclose the nature of his interest at such meeting and the 
disclosure shall 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. 
Director not to 
participate in 
certain cases. 
 1. This proviso was added by Guj. 28 of 2003, s.2.  
 2. Sub-section (2) was substituted by Guj. 21 of 1986. s.3(2).   
 3. Sub-section (1) was deemed always to have been substituted for sub -sections (1) and (2) by Guj. 1 
of 1999, s.3, Sch., Sr. No. 16(1).  
 
 4. The words "and a person  nominated as director to fill such vacancy shall hold office for the 
unexpired portion of the term of his predecessor" were deemed always to have been deleted, ibid., 
s.3, Sch. Sr. No. 16(2).  
 
4 THE GUJARAT SCHEDULED CASTES DEVELOPMENT CORPORATION ACT, 1985 .  [1985 : Guj. 10 
 
Removal and 
resignation of 
director. 
10. (1) 1[The State Government] may, at any time, remove any director 
from office, if, in its opinion, such a director- 
 
 (a) is, or has become, subject to any disqualification mentioned 
in section 8; 
 
 (b) is absent without leave of the Corporation from more than 
three consecutive me etings 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 been guilty of misconduct in the discharge of his duties:  
 Provided that no orde r of removal shall be passed without giving 
the director a reasonable opportunity of showing cause against the proposed 
order. 
 
 (2) A director may resign his office by giving notice thereof in 
writing to the State Government and on such resignation being  accepted he 
shall be deemed to have vacated his office. 
 
Managing 
Director. 11. (1) Managing director shall be a whole time officer of the 
Corporation and shall-  
 
 (a) be the Chief Executive Officer of the corporation.  
 (b) be responsible for the operational  management of the 
Corporation and implementation of the general policy approved by the 
Corporation; 
 
 (c) perform such duties as the Corporation may, by 
regulations or otherwise, assign to him; 
 
 (d) receive such salary and allowances and be governed by 
such terms and conditions of service as may be approved by the State 
Government in consultation with the Corporation: 
 
 (2) If the managing director is by infirmity or otherwise rendered 
incapable of carrying out his duties or is absent on leave or otherwise in 
circumstances not involving the vacation of his appointment, the State 
Government may appoint another person to act in his place during his 
absence. 
 
Officers and 
other employees 
of Corporation. 
12. (1) The Corporation may appoint such officers and other employees 
as it considers necessary for the efficient performance of its functions and 
determine, by regulations or otherwise, their conditions of appointment and 
service and the remuneration payable to them. 
 
 (2) The Corporation may, by general or speci al order, delegate to 
the managing director or to any other officer or employee of the 
Corporation, subject to such condition 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 
Corporation. 13. (1) The Corporation shall meet at such time and places and shall 
observe such rules of procedure in regard to the transaction of business at its 
meetings (including the quorum at such meetings) as m ay be provided by 
regulations. 
 
 1. These words were deemed always to have been substituted for the words and figure 
"Notwithstanding anything contained in section 6, the State Government" by Guj. 1 of 1999, s.3, 
Sch., Sr. No. 16(3). 
 
1985 : Guj. 10]   THE GUJARAT SCHEDULED CASTES DEVELOPMENT CORPORATION ACT, 1985. 5 
 
 1[(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 director elected by the directors persent at the 
meeting, shall preside at the meeting of the Corporation.] 
 
 (3) 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, 2[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 vacancy in, or any 
defect in, the constitution of the Corporation.  
Acts and 
proceedings 
presumed to be 
valid 
notwithstanding 
any defect.   (2) No act done by any person 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 person shall be disqualified for being, 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.  
No disquali- 
fication in 
certain cases. 
 CHAPTER III.  
 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 so cial and economical uplift of 
the Scheduled Castes in the State of Gujarat, and the Corporation shall be 
competent to do all things a nd to exercise all the powers necessary for the 
performance of such duties.  
Functions  
and powers  
of corporation. 
 (2) Without prejudice to the generality of the foregoing provision, 
such power of the 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 agricultural 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 collaboration whether through 
such Scheduled Castes Organisations or other agencies as may be approved 
by the Corporation, any activity in relation to any of the matters specified in 
clause (i), for furthering the objects of the Corporation; 
 
  (iii) to give on hire agricultural or industrial machinery or  
equipments to the members of the Scheduled Castes Organisations; 
 
 (iv) to give grants and subsidies to and to guarantee loans taken 
by the members of Scheduled Castes Organisations; 
 
 (v) to encourage employment opportunities for the member of 
the Scheduled Castes; 
 
 1. Sub-section (2) was substituted for the original by Guj. 21 of 1986, s.3(3)(a). 
2. These words were substituted for the words "the Chairman or, in his absence, "ibid., s.3(3)(b). 
 
6 THE GUJARAT SCHEDULED CASTES DEVELOPMENT CORPORATION ACT, 1985 .  [1985 : Guj. 10 
 
 (vi) to undertake any other activity which the State Government 
may entrust to the Corporation; 
 
 (vii) to grant loans or obtain covered loans to members of the  
Scheduled Castes; 
 
 (viii) to borrow money subject to such conditions as the State  
Government may specify; 
 
 (ix) to issue bonds and debentures;  
 (x)  to draw, make, accept, endorse, discount, execute and issue 
promissory notes, bills of exchange, hundis, bills, warrants, debentures an d 
other negotiable instruments; 
 
 (xi) to invest or deposit surplus funds of the Corporation in  
Government securities or 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. 
 
 CHAPTER IV.  
 Finance, Accounts and Audit.    
State 
Government  
to provide  
Initial Capital.  
17. (1) The State Government may provide to the Corporation such sum 
not exceeding 1[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 where the capital initially provided is less than 1[fifty 
crores of rupees] the State Government may, from time to time, increase the 
capital to sum not exceeding 1[fifty crores of rupees]. 
 
 (2) Such capital may be provided subject to such terms and 
conditions as may be determined by the State Government. 
 
 (3) The capital so provided shall form part of the fund of the 
Corporation.  
 
Fund of 
Corporation. 
18. (1) The Corporation shall have its own fund.   
(2) The Corporation may accept grants, subventions, donations and 
gifts from the Central or State Government or a local authority or any 
individual or body of individuals whether incorporated or not, for all or any 
of the .purposes of this Act. 
 
 (3) All sums which may from time to time be paid to it by the State 
Government and all other receipts of the Corporation shall be  carried to the 
fund of the Corporation and all payments by the  Corporation shall be made 
therefrom.  
 
 (4) The Corporation  may spend suc h sums as it thinks fit for the 
performance of its functions under this Act, and such sums shall be treated  
as expenditure payable out of the fund of the Corporation. 
 
 (5) All moneys belonging to the f und of the Corporation shall be 
deposited in such bank or invested in Government Securities or in such 
other m anner as the State Government may, by general or  special order, 
direct.  
 
 1. These words were substituted for the words “ten crores of rupees” by Guj. 1 of 2001, s.3.  
1985 : Guj. 10]   THE GUJARAT SCHEDULED CASTES DEVELOPMENT CORPORATION ACT, 1985. 7 
 
 19. (1)  The balance-sheet and accounts of the Corporation shall be 
prepared and maintained in such form and manner as may be prescribed. 
Accounts. 
 (2) The Corporation shall cause books of accounts of the 
corporation to be balanced and closed on the thirty first day of March every 
year. 
 
1 of 1956. 
20. (1) The accounts of the Corporati on shall be audited on ce in 
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 
appointed by the Corporation and shall receive such remuneration from the 
Corporation as the Corporation may fix. 
Audit. 
 (2) 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 to examine them together with the accounts 
and vouchers relating thereto and they sha ll have a list delivered to the m of 
all books kept b y 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 this Corporation such 
information as they may think necessary for the performance of their duties 
as auditors. 
 
 (3) The auditors shall make a report to the Corporation upon the 
annual balance-sheet and accounts examined by them and in every s uch 
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. 
 
 (4) The Corporation shall furnish to the 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 relevant period, within four months from the date on which its 
accounts are closed and balanced. 
 
 (5) 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. 
 
 21. (1) The State Government 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. 
Advisory 
Committee. 
 (2) The Corporation may, if it thinks fit, consult the Ad visory 
Committee on any business coming before it and sha ll 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.  
 
 (3) The Advisory Committee shall meet at such intervals as may be 
prescribed, and for the transaction of urgent bu siness on such other 
occasions as the Chairman of the Corporation may require. 
 
 (4) The number of members necessary to constitute a quorum at a 
meeting of the Advisory Com mittee shall be such as the State Government 
may when constituting the Committee specify. 
 
8 THE GUJARAT SCHEDULED CASTES DEVELOPMENT CORPORATION ACT, 1985 .  [1985 : Guj. 10 
 
Recovery of 
money due to 
Corporation. 
 
22. (1) Where any amount is due to the Corporation from any person in  
respect of advance or other financial accommodation gra nted by it, such 
amount shall, on a certificate being granted by the managing director in the 
prescribed form, be 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 owns any property. 
 
 (2) 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 shall, 
after giving an opportunity of being heard to the person concerned and after 
such further enquiry as he may consider necessary,  by an order determine 
the amount due to the Corporation and communicate the same to the 
managing director. 
 
 (3) An appeal against an o rder passed by the officer empowered 
under sub-section (2) shall lie within such period and to such authority as 
may be prescribed. 
 
 (4) The officer empowered under sub -section (2) and the appellate 
authority shall follow such procedure as may be prescribed. 
 
 (5) 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. 
 
 (6) For the purpose of r ecovering 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. 
 
 Dissolution. 
23.  (1) No provision of law, other than this Act, relating to the winding 
up, dissolution or liquidation of the companies or corporations shall apply to 
the Corporation. 
 
 (2) The State Government may, if the Corporation fails to carry out its 
functions or exceeds its powers, or upon a receipt of a report under section 20, 
call upon the Corporation to show cause why it should not be dissolved and if 
no explanation is offered within the specified period or if the State Government 
is not satisfied with the explanation, the State Government may dissolve t he 
Corporation from such date as may be specified. 
 
Consequence of 
dissolution of 
Corporation. 
24. (1) When the Corporation is dissolved under section 23,- 
(i) all directors shall, from the date of dissolution, vacate their  
offices, 
 
 (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 appoint in this behalf, 
 
 (iii) all funds and other property vested in the Corporation shall, 
during the period of dissolution, vest in the State Government. 
 
  (2) The State Government may recons titute the Corporation after 
such period as it may think fit. 
 
1985 : Guj. 10]   THE GUJARAT SCHEDULED CASTES DEVELOPMENT CORPORATION ACT, 1985. 9 
 
 25. No suit or other legal proceeding shall lie against the 
Corporation or any director including the managing director, or any officer 
or other employee or any other person authorised by the  Corporation to 
discharge any functions under this Act, for any loss or damage caused or 
likely to be caused by anything which is in goodfaith done or intended to be 
done by him in pursuance of this Act. 
Protection of 
action taken in 
goodfaith. 
 26. (1)  Every director shall be indemnified against all losses and 
expenses incurred by him in the discharge o f his duties except such as are 
caused by his own wilful act or default. 
Indemnity to 
directors. 
 (2) 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 beha lf of the Corporation in good faith,  or by the insolvency or 
wrongful act of any debtor or any person under obligation to the 
Corporation, or anything done in good faith, in the execution of the duties of 
his office or in relation thereto. 
 
 27. (1) The C orporation 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. 
Power of 
corporation to 
make 
regulations.  
 (2) 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 Corporati on and 
the procedure to be followed in relation to such meetings  including the 
quorum necessary for the transaction of business; 
 
 (b) duties which the managing director shall perform;  
 (c) the duties, conduct, 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) the establishment and maintenance 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. 
 
 28. (1) The State Government may, by notification published in 
the Official Gazette, make rules to carry out all or any of the purposes of 
this Act. 
Power to State 
Government to 
make rules.  
 (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 terms and conditions of service of the directors and 
the fees and allowances payable to them;. 
 
10 THE GUJARAT SCHEDULED CASTES DEVELOPMENT CORPORATION ACT, 1985 .  [1985 : Guj. 10 
 
 (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 to which those functions shall be discharged; 
 
 (c) the form and manner in which accounts shall be 
maintained 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 appellate 
authority under section 22; 
 
 (e) any other matter which is required to be, or may be, 
prescribed. 
 
 (3) All rules made under this section shall be laid for n ot 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. 
 
 (4) Any rescission or modification so made by the State 
Legislature shall be published in the Official Gazette and shall thereupon, 
take effect. 
 
 
---------- 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Government Central Press, Gandhinagar. 
 
 
 

‹ Prev All Gujarat acts Next ›