LexThe Himachal Pradesh Scheduled Castes and Schedule Tribes Corporation Act,1979
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH SCHEDULED CASTES 1[AND
SCHEDULED TRIBES] DEVELOPMENT CORPORATION
ACT, 1979
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER-I
PRELIMINARY
1. Short title.
2. Definitions.
CHAPTER-II
INCORPORATION OF HIMACHAL PRADESH
SCHEDULED CASTES DEVELOPMENT
CORPORATION AND ITS CAPITAL
3. Establishment of Himachal Pradesh Scheduled Caste
Development Corporation.
4. Head of Corporation.
5. Capital of Corporation.
CHAPTER-III
MANAGEMENT OF THE CORPORATION
6. Management.
7. Board of Directors.
8. Term of office.
9. Disqualification of office of director.
10. Director not to participate in certain cases.
11. Resignation.
12. Meetings.
13. Managing director.
14. Defect in appointment not to invalidate acts, etc.
15. Officers and other employees of the Corporation.
CHAPTER-IV
FUNCTIONS AND FUNDS OF THE CORPORATION
16. Functions of Corporation.
16-A. Conferment of additional functions on the Corporation.
17. Corporation to maintain six funds.
1. Inserted vide H.P. Act No. 8 of 1984.
2 THE HIMACHAL PRADESH SCHEDULED CASTES AND SCHEDULED TRIBES
DEVELOPMENT CORPORATION ACT, 1979
18. Land Development and Finance Fund.
19. Guarantee Fund.
20. Bad Debts Fund.
21. Relief and Common Good Fund.
22. Grant-in-aid and Subsidies Fund.
23. Loan Fund.
23-A. Additional Functions Fund.
CHAPTER-V
LOANS
24. Power to impose conditions for loans.
25. Power to call repayment before agreed period.
26. Recovery of money due to the Corporation.
26-A. Recovery of certain dues of banks as arrears of land revenue.
26-B. Collection charges.
27. First Change of Corporation’s Loans on debtor’s property.
CHAPTER-VI
ACCOUNTS AND AUDIT
28. Accounts.
29. Audit.
29-A. Laying of the annual and audit reports before the State
Legislative Assembly.
CHAPTER-VII
MISCELLANEOUS
30. Dissolution of Board.
31. Consequences of dissolution of the Board.
32. Bar of jurisdiction.
33. Protection of action taken in good faith.
34. Employees to be public servants.
35. Indemnity of directors.
36. Exemption from registration fee and stamp duty.
37. Power to make regulations.
38. Power to make rules.
39. Power to remove difficulties.
SCHEDULE
THE HIMACHAL PRADESH SCHEDULED CASTES AND SCHEDULED 3
TRIBES DEVELOPMENT CORPORATION ACT, 1979
THE HIMACHAL PRADESH SCHEDULED CASTES 1[AND
SCHEDULED TRIBES] DEVELOPMENT CORPORATION
ACT, 1979
(ACT NO. 20 OF 1979)2
(Received the assent of the President of India, on 13th August, 1979,
and was published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
23rd August, 1979, pp. 2123-2134.)
Amended, repealed or otherwise affected by,-
1. H.P. Act No. 28 of 19793, assented to by the Governor on the 16th
November, 1979, published in the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated 22nd November, 1979, pp. 2520-2523,
effective from 20th September, 1979.
2. H.P. Act No. 8 of 19844, assented to by the Governor on the 9th
May, 1984, published in the Rajpatra, Himachal Pradesh (Extra-
ordinary), dated 17th May, 1984, pp. 889-895
3. H.P. Act No. 7 of 19875, assented to by the Governor on the 11th
April, 1987, published in the Rajpatra, Himachal Pradesh (Extra-
ordinary), dated 13th April, 1987, p. 685-688, effective from 12th
February, 1987.
4. H.P. Act No. 16 of 19916, assented to by the Governor on the 20th
October, 1991, published in the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated 21st October, 1991, pp. 2347-2352,
effective from 10th July, 1991.
5. H.P. Act No. 19 of 19987, assented to by the Governor on 22nd
September, 1998, published in the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated 23rd September, 1998, pp. 3433-3436.
6. H.P. Act No. 16 of 20041, assented to by the Governor on the 20th
August, 2004, published in the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated 24th August, 2004, p. 1683-1686.
1. Inserted vide H.P. Act No. 8 of 1984.
2. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated 12th April, 1979, p. 1473.
3. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated 5th November, 1979, p. 2494.
4. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated 4th April, 1984, p. 586.
5. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated 11th March, 1987, pp. 397.
6. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
12th September, 1991, pp. 1949 and 1953.
7. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
24th July, 1998, pp. 2726 and 2730.
4 THE HIMACHAL PRADESH SCHEDULED CASTES AND SCHEDULED TRIBES
DEVELOPMENT CORPORATION ACT, 1979
7. H.P. Act No. 11 of 20082 assented to by the Governor on the 6th
June, 2008, published in Hindi and English in the Rajpatra,
Himachal Pradesh, dated 9th June, 2008 pp. 1563-1564.
An Act to provide for the establishments of the Himachal Pradesh
Scheduled Castes 3[and Scheduled Tribes] Development
Corporation.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Thirtieth year of the Republic of India as follows:-
CHAPTER-I
PRELIMINARY
1. Short title.- This Act may be called the Himachal Pradesh
Scheduled Castes 4[and Scheduled Tribes] Development Corporation Act,
1979.
2. Definitions.- In this Act, unless there is anything repugnant in the
subject or context,-
(a) ‘agricultural development’ includes development of
horticulture, forests, dairy, poultry, piggery, sheep and cattle
breeding, pisciculture and sericulture;
5[(aa) ‘bank’ means,-
(i) a banking company as defined in the Banking
Regulation Act, 1949 (10 of 1949),
(ii) the State Bank of India constituted under the State
Bank of India Act, 1955 (23 of 1955),
(iii) a subsidiary bank as defined in the State Bank of
India (Subsidiary Banks) Act, 1959 (38 of 1959),
(iv) a Regional Rural Bank established under the
Regional Rural Banks Act, 1976 (21 of 1976),
(v) a corresponding new bank constituted under the
Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970 (5 of 1970),
1 Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
24th June, 2004, pp. 942 and 945.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 17th April, 2008,
pp. 274 and 277.
3. Inserted vide H.P. Act No. 8 of 1984.
4. Inserted vide H.P. Act No. 8 of 1984.
5. Clause (aa) inserted vide H.P. Act No. 28 of 1979, effective from 20th September,
1979.
THE HIMACHAL PRADESH SCHEDULED CASTES AND SCHEDULED 5
TRIBES DEVELOPMENT CORPORATION ACT, 1979
(vi) any banking institution notified by the Central
Government under section 51 of the Banking
Regulation Act, 1949 (10 of 1949),
(vii) the Agricultural Refinance and Development
Corporation constituted under the Agricultural
Refinance and Development Corporation Act, 1963
(1 of 1963),
(viii) the Agro-Industries Corporation as defined in clause
(c) of section 2 of the Himachal Pradesh Agricultural
Credit Operations and Miscellaneous Provisions
(Banks) Act, 1972 (7 of 1973),
(ix) the Agricultural Finance Corporation Limited, a
company incorporated under the Companies Act,
1956 (1 of 1956),
(x) any other financial institution notified by the State
Government in the Official Gazette, as bank for the
purposes of this Act,]
(b) ‘Board’ means the Board of directors of the Corporation;
(c) ‘Central Government’ means the Government of India;
1[(d) ‘Chairman’ and ‘Vice-Chairman’ mean the Chairman and
the Vice-Chairman of the Corporation;];
2[(dd) ‘Collector’ means the Collector of the District and includes
any other officer, not below the rank of the Assistant
Collector of the 1st Grade, empowered by the State
Government to discharge the functions of the Collector for
the purposes of this Act;];
(e) ‘Corporation’ means the Himachal Pradesh Scheduled
Castes 3[and Scheduled Tribes] Development Corporation,
established under section 3;
(f) ‘director’ means a director of the Board and includes the
Chairman 4[and the Vice-Chairman];
(g) ‘Government’ means the Government of Himachal Pradesh;
(h) ‘margin money’ means the margin money required by the
financial banking institutions from the beneficiaries;
1. Clause (d) substituted vide H.P. Act No. 28 of 1979, effective from 20th
September, 1979, H.P. Act No. 8 of 1984 again substituted vide H.P. Act No. 7 of
1987, effective from 12th February, 1987.
2. Clause (dd) inserted vide H.P. Act No. 8 of 1984.
3. Inserted vide H.P. Act No. 8 of 1984.
4. Words “and the Vice-Chairman” added by Act No. 28 of 1979, effective from
20th September, 1979, omitted vide H.P. Act No. 8 of 1984 and again inserted
vide H.P. Act No. 7 of 1987 effective from 12th February, 1987.
6 THE HIMACHAL PRADESH SCHEDULED CASTES AND SCHEDULED TRIBES
DEVELOPMENT CORPORATION ACT, 1979
(i) ‘marketing’ means all activities relating to the transport,
grading, pooling, marketing and sale of agricultural or
industrial produce, whether in the primary form or in semi-
processed or processed form;
(j) ‘prescribed’ means prescribed by rules made under the Act;
(k) ‘processing’ means all activities relating to the processing
of agricultural produce so as to make it marketable or fit for
consumption and 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;
1[(kk) ‘schedule’ means the schedule appended to this Act;]
(l) ‘schedule castes’ means such castes, races or tribes or parts
of or groups within such castes, races or tribes as are
deemed under article 341 of the Constitution of India to be
scheduled castes;
2[(m) ‘scheduled castes organization’ or ‘scheduled tribes
organisation’ means a firm registered under the Partnership
Act, 1932 (9 of 1932), an association registered under the
Societies Registration Act, 1860 (21 of 1860), or a co-
operative society registered under the Himachal Pradesh
Co-operative Societies Act, 1968 (3 of 1969) in which not
less than fifty-one percent of the paid up capital is held by
the members of the scheduled castes, or as the case may be
by the members of the scheduled tribes;]; and
3[(mm) ‘scheduled tribes’ shall have the same meaning as assigned
to it in Clause (25) of Article 366 of the Constitution of
India.]
(n) ‘small scale industry’ means such cottage and small scale
industry as may by notification in the Official Gazette be
specified by the State Government; and
(o) ‘supply and storage’ means supply and storage of
agricultural inputs and establishment, maintenance and
running of storages, cold-storages and warehouses.
1 . Clause (kk) inserted vide H.P. Act No. 8 of 1984.
2. Clause (m) substituted vide H.P. Act No. 8 of 1984.
3. Clause (mm) inserted vide H.P. Act No. 8 of 1984.
THE HIMACHAL PRADESH SCHEDULED CASTES AND SCHEDULED 7
TRIBES DEVELOPMENT CORPORATION ACT, 1979
CHAPTER-II
INCORPORATION OF HIMACHAL PRADESH SCHEDULED
CASTES 1[AND SCHEDULED TRIBES] DEVELOPMENT
CORPORATION AND ITS CAPITAL
3. Establishment of Himachal Pradesh 2[Scheduled Castes and
Scheduled Tribes Development Corporation].- (1) With effect from such
date3 as the State Government may, by notification, specify in this behalf, the
State Government may, by notification, specify in this behalf, the State
Government may establish for the purpose of this Act a Corporation known as
the Himachal Pradesh 4[Scheduled Castes and Scheduled Tribes Development
Corporation].
(2) The Corporation shall be a body corporate with the name aforesaid
having perpetual succession and a common seal with powers, subject to the
provisions of this Act, to acquire, hold and dispose of property and to
contract, and may, by that name, sue or be sued.
4. Head office of Corporation.- (1) The head office of the
Corporation shall be at Shimla or at such other place as the State Government
may, by notification, specify.
(2) The Corporation may establish its offices or agencies at such
places within or outside the State as it may think fit.
5. Capital of Corporation.- (1) Authorised capital of the Corporation
shall be such sum not exceeding 5[sixty crores] of rupees as the State
Government may fix:
Provided that where the capital initially fixed is less than 6[sixty
crores] of rupees the State Government may, from time to time, increase the
capital to such sum not exceeding 1[sixty crores] of rupees as it may think fit.
1. Inserted vide H.P. Act No. 8 of 1984.
2. substituted for the words “Scheduled Castes Development Corporation” vide H.P.
Act No. 8 of 1984.
3 . Corporation established w.e.f. 14th November, 1979 vide Not. appended.
4. Substituted for the words “Scheduled Castes Development Corporation” vide
H.P. Act No. 8 of 1984.
5 . The words “ten crores” substituted for the words “five crores”. vide H.P. Act No.
8 of 1984, the words “twenty crores” substituted for the words “ten crores” vide
H.P. Act No. 16 of 1991, the words “thirty crores” substituted for the words
“twenty crores” vide H.P. Act No. 19 of 1998, the words “forty crores”
substituted for the words “thirty crores” vide H.P. Act No. 16 of 2004, again and
again the words “sixty crores” substituted for the words “forty crores” vide H.P.
Act No. 11 of 2008.
6 . The words “ten crores” substituted for the words “five crores”. vide H.P. Act No.
8 of 1984, the words “twenty crores” substituted for the words “ten crores” vide
H.P. Act No. 16 of 1991, the words “thirty crores” substituted for the words
“twenty crores” vide H.P. Act No. 19 of 1998, the words “forty crores”
substituted for the words “thirty crores” vide H.P. Act No. 16 of 2004, again and
again the words “sixty crores” substituted for the words “forty crores” vide H.P.
Act No. 11 of 2008.
8 THE HIMACHAL PRADESH SCHEDULED CASTES AND SCHEDULED TRIBES
DEVELOPMENT CORPORATION ACT, 1979
(2) Such capital may be provided subject to such terms and conditions
as may be determined by the State Government.
Explanation.- The expression ‘authorised capital’ for the purpose of
this section shall not include the grant-in-aid received by the Corporation for
the managerial assistance.
CHAPTER-III
MANAGEMENT OF THE CORPORATION
6. Management.- (1) The general superintendence, direction and
management of the affairs and business of the Corporation shall vest in a
board of directors which may exercise all such powers and do all such acts
and things as may be exercised or done by the Corporation under this Act.
(2) The Board of directors in discharging its functions shall act having
regard to public interest, welfare of 2[scheduled castes and scheduled tribes]
and solvency of the Corporation and shall be guided by such instructions on
questions of policy as may be given to it by the State Government.
(3) If any doubt arises as to whether a question is or is not a question
of policy the decision of the State Government thereon shall be final.
3[7. Board of directors.- (1) The Board shall consist of sixteen
directors who shall be nominated by the State Government.
Provided that not less than two directors shall be nominated from
amongst the officers serving the State Government in the Department of
Welfare and the remaining shall be nominated from amongst the persons who
have special knowledge of industries, handicrafts, animal husbandry,
agriculture, agro-Industries, water development projects, finance, co-operation
or financial institutions:
Provided further that not less than two directors shall be non-official,
belonging to scheduled caste and at least one director shall be non-official
belonging to the scheduled tribes.
4[(2) The State Government shall nominate out of the directors,
appointed under sub-section (1), the Chairman and the Vice-Chairman of the
Corporation.];
1 . The words “ten crores” substituted for the words “five crores”. vide H.P. Act No.
8 of 1984, the words “twenty crores” substituted for the words “ten crores” vide
H.P. Act No. 16 of 1991, the words “thirty crores” substituted for the words
“twenty crores” vide H.P. Act No. 19 of 1998, the words “forty crores”
substituted for the words “thirty crores” vide H.P. Act No. 16 of 2004, again and
again the words “sixty crores” substituted for the words “forty crores” vide H.P.
Act No. 11 of 2008.
2. Substituted for the words “scheduled castes” vide H.P. Act No. 8 of 1984.
3. Section 7 amended vide, H.P. Act No. 28 of 1979 and substituted vide H.P. Act
No. 8 of 1984.
4. Sub-section (2) substituted vide H.P. Act No. 7 of 1987 effective from 12th
February, 1987.
THE HIMACHAL PRADESH SCHEDULED CASTES AND SCHEDULED 9
TRIBES DEVELOPMENT CORPORATION ACT, 1979
(3) On the occurrence of any vacancy in the office of the Chairman 1[,
the Vice-Chairman] or a director due to death, resignation or otherwise, the
same shall be filled up by the State Government in the manner provided in
sub-section (1) or in sub-section (2), as the case may be.
2[(4) The Chairman and the Vice-Chairman shall perform such duties,
and exercise such powers as may be assigned to them or conferred upon them
by the Board under sub-section (2) of section 15 of this Act.]
(5) Subject to the provisions of this Act the conditions of appointment
of the Chairman 3[, the Vice-Chairman] and the directors and the fees and
allowances payable to them, shall be such as may be prescribed.]
4[8. Term of office.- The Chairman 5[, the Vice-Chairman] and other
directors shall hold office during the pleasure of the State Government.]
9. Disqualification of office of director.- A person shall be
disqualified for being nominated as and for being, a director of the
Corporation-
(a) if he is, or at any time has been adjudicated insolvent or has
suspended payment of his debts or has compounded with his
creditors;
(b) if he is of unsound mind and stands so declared by a competent
court;
(c) if he is or has been convicted of any offence which in the opinion
of the State Government involves moral turpitude; or
(d) if he has been removed or dismissed from the service of any State
Government or Central Government or a Corporation owned or
controlled by any State Government or Central Government.
10. Director not to participate in certain cases.- A director who has
any direct or indirect pecuniary interest in any matter coming up for
consideration at a meeting of the Board or a committee thereof 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 board or the Committee, as the case may be,
and the director shall not take any part in any deliberation or decision of the
Board or the committee with respect to that matter.
1. Inserted vide H.P. Act No. 7 of 1987, effective from 12th February, 1987.
2. Sub-section (4) substituted vide H.P. Act No. 7 of 1987, effective from 12th
February, 1987.
3. Inserted vide H.P. Act No. 7 of 1987 effective from 12th February, 1987.
4. Section 8 amended vide H.P. Act No. 28 of 1979 and substituted vide H.P. Act
No. 8 of 1984.
5. Inserted vide H.P. Act No. 7 of 1987, effective from 12th February, 1987.
10 THE HIMACHAL PRADESH SCHEDULED CASTES AND SCHEDULED TRIBES
DEVELOPMENT CORPORATION ACT, 1979
1[11. Resignation.- 2[The Chairman, the Vice-Chairman or 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.]
12. Meetings.- (1) The Board shall meet at such times and places and
shall observe such rules or procedure in regard to the transaction of business
at its meetings (including the quorum at meetings) as may be provided by
regulations.
3[(2) The Chairman, and in his absence 4[the Vice-Chairman, or in the
absence of both] any other director of the Board elected by the directors from
amongst themselves shall preside at every meeting of the Board].
(3) All questions which come up before any meeting of the Board
shall be directed by a majority of the votes of directors present and voting,
and, in the event of an equality of votes, 5[the Chairman, or in his absence
6{the Vice-Chairman, or in the absence of both} the person presiding,] shall
have and exercise a second or casting vote.
13. Managing director.- (1) The State Government shall appoint one
of the directors, being an officer of the State Government, as managing
director who shall hold that office during its pleasure.
(2) The managing director shall-
(a) be its chief executive officer;
(b) be responsible for the operational management of the
Corporation and implementation of the general policies
approved by the Board;
(c) perform such duties as the Board 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 determined by the
Board and approved by the State Government.
1. Section 11 alongwith its heading substituted vide H.P. Act No. 8 of 1984.
2. Substituted for the words “A director” vide H.P. Act No. 7 of 1987, effective
from 12th February, 1987.
3. Sub-section (2) substituted vide H.P. Act No. 28 of 1979, effective from 20th
September, 1979.
4. The words and signs “the Vice-Chairman, or in the absence of both” omitted vide
H.P. Act No. 8 of 1984 and again inserted vide. Act No. 7 of 1987, effective from
12th February, 1987.
5. The words “the chairman, the vice-chairman or the person presiding, as the case
may be,” substituted for the words “the chairman, or in his absence the person
presiding; vide H.P. Act No. 28 of 1979, effective from 20th September, 1979,
again the words “the Chairman, or in his absence the person presiding”
substituted for the words “the chairman, the vice-chairman or the person
presiding, as the case may be,” vide H.P. Act No. 8 of 1984.
6. Inserted vide H.P. Act No. 7 of 1987, effective from 12th February, 1987.
THE HIMACHAL PRADESH SCHEDULED CASTES AND SCHEDULED 11
TRIBES DEVELOPMENT CORPORATION ACT, 1979
(3) 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.
14. Defect in appointment not to invalidate acts, etc.- (1) No act or
proceeding of the Board or any of its committees shall be questioned or be
invalid on the ground merely on the existence of any vacancy in, or any defect
in the constitution of, the Board or the committee as the case may be.
(2) No act done by any person acting in good faith as a director or
member of any committee shall be deemed to be invalid merely on the ground
that he was disqualified to be a director or member or there was any other
defect in his nomination.
15. Officers and other employees of the Corporation.- (1) The
Board may appoint such officers and employees as it considers necessary for
the efficient performance of the functions of the Corporation and determine by
regulations or otherwise their conditions of appointment and service and the
remuneration paid to them.
(2) The Board may, by general or special order, delegate to the
Chairman, 1[the Vice-Chairman,] the managing director or to any other officer
or employee of the Corporation, subject to such conditions and limitations, if
any, as may be specified, such of its powers and duties under this Act, except
the power to make regulations, as it may deem necessary.
(3) The Board in respect of reservation of appointments and posts in
favour of the members of scheduled castes/scheduled tribes, backward classes,
ex-servicemen, physically handicapped and antyodaya families, comply with
such directions as may be issued by the State Government from time to time
for ensuring adequate representation in such members in the service under the
Corporation.
CHAPTER-IV
FUNCTINS AND FUNDS OF THE CORPORATION
16. Functions of Corporation.- (1) Subject to the provisions of the
Act, it shall be the primary duty of the Corporation to undertake the task of
economic uplift of the members of the scheduled castes 2[and the scheduled
tribes] in the State.
(2) Without prejudice to the generality of the foregoing provision,
such function shall include the power-
(i) to plan, promote, undertake, and assist programmes of
agricultural development, animal husbandry, marketing,
1. The words and sign “the Vice-Chairman,” inserted vide H.P. Act No. 28 of 1979,
the words “, the Vice-Chairman” omitted vide Act No. 8 of 1984 and again
inserted vide H.P. Act No. 7 of 1987, effective from 12th February, 1987.
2. Inserted vide H.P. Act No. 8 of 1984.
12 THE HIMACHAL PRADESH SCHEDULED CASTES AND SCHEDULED TRIBES
DEVELOPMENT CORPORATION ACT, 1979
processing, supply and storage of agricultural produce,
small scale industries, village industries, cottage industries,
and such other trade, business or activity which will enable
1[the members of the scheduled castes or the scheduled
tribes] to earn a better living and help them to improve their
standard of living as may be approved in this behalf by the
Government;
(ii) to undertake programmes for setting up employment
oriented industries, cottage and small scale industries etc.
by providing technical know-how, managerial assistance,
financial assistance and any other form of assistance which
may be required in achieving the above objectives;
(iii) to provide financial assistance to the members of 2[the
scheduled castes and the scheduled tribes or the scheduled
castes and the scheduled tribes organizations] by advancing
to them loans and/or loan toward margin money for any of
the purposes specified above either directly or through such
agency, organization or institution as may be approved by
the Board;
(iv) to guarantee loans taken by the members of 3[the scheduled
castes and the scheduled tribes or the scheduled castes and
the scheduled tribes organizations] from any financial/
banking institutions;
(v) to act as the agent of the Government of Himachal Pradesh
or Central Government for procurement, supply and
distribution of agricultural or other produce or other goods
as and when required to do so;
(vi) to provide facilities for survey, research or study the
problems relating to cottage and village industries, small
scale business to assess potentiality of village, cottage and
small scale industries and scope of their development with a
view to promoting such industries and business for the
purpose of providing employment for the members of the
scheduled castes 4[and the scheduled tribes];
(vii) to arrange for publicity and marketing of the finished
products manufactured by the 5[the scheduled castes and the
1. Substituted for the words “the member of scheduled castes” vide H.P. Act No. 8
of 1984.
2. Substituted for the words “scheduled castes or scheduled castes organizations”
vide H.P. Act No. 8 of 1984.
3. Substituted for the words “scheduled castes or scheduled castes organizations”
vide H.P. Act No. 8 of 1984.
4. Inserted vide H.P. Act No. 8 of 1984.
5. Substituted for the words “scheduled castes or scheduled castes organizations”
vide H.P. Act No. 8 of 1984.
THE HIMACHAL PRADESH SCHEDULED CASTES AND SCHEDULED 13
TRIBES DEVELOPMENT CORPORATION ACT, 1979
scheduled tribes or the scheduled castes and the scheduled
tribes organizations] in the small scale industries;
(viii) to give grants and subsidies to the members of 1[the
scheduled castes and the scheduled tribes or the scheduled
castes and the scheduled tribes organizations] on behalf of
the State or Central Government or any other Government
institution;
(ix) to borrow money subject to such conditions as the Board
may specify;
(x) to receive gifts, grants and donations.
(xi) to issue bonds and debentures;
(xii) to draw, make, accept, endorse, discount, execute and issue
promissory notes, bills of exchange, hundies, bills,
warrants, debentures and other negotiable instruments;
(xiii) to invest or deposit surplus funds of the Corporation in
Government securities or in such other manner as the Board
may decide;
(xiv) to enter into contracts; and
(xv) to discharge such other functions as may be prescribed or as
are supplemental, incidental or consequential to any of the
functions conferred on it under this Act.
2[16-A. Conferment of additional functions on the Corporation.-
(1) Notwithstanding anything contained in this Act, the Governor may, after
consultation with the Corporation, entrust either conditionally or
unconditionally to the Corporation or its officers additional functions in
relation to the social security or social insurance or uplift of the weaker
sections of the society in the State.
(2) The Governor may, by order in writing and after consultation with
the Corporation, confer on the Corporation such powers of supervisory nature
over agencies, authorities or officers set up, constituted or appointed by the
State Government as are necessary for providing social security or social
insurance and uplift of the weaker sections of the society in the State.
(3) When any additional functions are conferred on the Corporation
under sub-section (1), the Corporation shall exercise the same powers,
discharge same duties and perform the same functions, as it would have
exercised in discharge of duties and performance of functions assigned to it
under section 16 and the provisions of this Act shall apply accordingly.
1. Substituted for the words “scheduled castes or scheduled castes organizations”
vide H.P. Act No. 8 of 1984.
2. Section 16-A inserted vide H.P. Act No. 16 of 1991, effective from 10th July,
1991.
14 THE HIMACHAL PRADESH SCHEDULED CASTES AND SCHEDULED TRIBES
DEVELOPMENT CORPORATION ACT, 1979
(4) Where by virtue of this section powers and duties had been
conferred or imposed upon the Corporation, or officers or authorities thereof,
there shall be paid by the State Government to the Corporation such sum as
may be agreed in respect of any extra costs of administration incurred by the
Corporation in connection with the exercise of those powers and duties.]
17. Corporation to maintain 1[seven] funds.- The Corporation shall
establish and maintain 2[seven] separate funds, namely.-
(a) Development and Finance Fund;
(b) Guarantee Fund;
(c) Bad Debts Fund;
(d) Relief and Common Good Fund;
(e) Grant-in-aid and Subsidies Fund; 3[***]
(f) Loans Fund 4[; and]
5[(g) Additional Functions Fund.]
18. Land Development and Finance Fund.- Save as otherwise
provided in sections 19, 20, 21, 6[22, 23 and 23-A]-
(1) to the Development and Finance Fund shall be credited all
amounts that are received by the Corporation from any source
whatsoever;
(2) all amounts that are expended by the Corporation shall be
debited to this Fund.
19. Guarantee Fund.- (1) To the Guarantee Fund shall be credited
every year such sum as may be placed at the disposal of the Corporation for
that purpose by the State Government and the interest accrued from time to
time on such sum shall also be added every year to this Fund.
(2) The Corporation may also contribute to this Fund such portion of
its net profits as may be decided by the Board.
20. Bad Debts Fund.- To the Bad Debts Fund shall be credited every
year-
1. Substituted for the word “six” vide H.P. Act No. 16 of 1991, effective from 10th
July, 1991.
2. Substituted for the word “six” vide H.P. Act No. 16 of 1991, effective from 10th
July, 1991.
3. Omitted the word “and” vide H.P. Act No. 16 of 1991, effective from 10th July,
1991.
4. Substituted for the sign “.”vide H.P. Act No. 16 of 1991, effective from 10th July,
1991.
5. Clause (g) added vide H.P. Act No. 16 of 1991 effective from 10th July, 1991.
6. Substituted for the figures and word “22 and 23” vide H.P. Act No. 16 of 1991,
effective from 10th July, 1991.
THE HIMACHAL PRADESH SCHEDULED CASTES AND SCHEDULED 15
TRIBES DEVELOPMENT CORPORATION ACT, 1979
(a) by the Corporation ten percentum of its net profits; and
(b) by the State Governments such amount as grant as may be
equivalent to the amount credited under clause (a);
Provided that nothing herein shall be deemed to debar the State
Government from giving such amount by way of additional grant for being
credited to this Fund as it may think fit.
21. Relief and Common Good Fund.- To the Relief and Common
Good Fund shall be credited every such amount not exceeding eight and half
percentum of the net profits of the Corporation as the Board may decide.
22. Grani-in-aid and Subsidies Fund.- All amounts that are received
by the Corporation from any source by way of grant-in-aid or subsidy shall be
credited to this Fund and it shall be used by the Corporation for the purposes
for which such grants-in-aid or the subsidies , as the case may be, have been
given.
23. Loan Fund.- All the loan obtained by the Corporation from the
various sources financial institutions shall be credited to this Fund and shall
be spent for the purpose for which such loans have been obtained.
1[23-A. Additional Functions Fund.- All amounts that are received
by the Corporation from the State Government or from any other source for
the performance of the additional functions assigned to it under section 16-A,
shall be credited to this fund and it shall be used by the Corporation for the
purpose for which such amount has been provided.]
CHAPTER-V
LOANS
24. Power to impose conditions for loans.- In making any loan or
providing margin money authorized by this Act, the Corporation may impose
such conditions as it may think necessary or expedient for protecting the
interests of the Corporation.
Provided that the rate of interest chargeable on such loans/margin
money, shall be fixed by the Corporation with the approval of the State
Government from time to time.
25. Power to call repayment before agreed period.-
Notwithstanding anything to the contrary contained in any agreement, the
Corporation may, by notice in writing, require any debtor to discharge
forthwith in full his liabilities to the Corporation-
(a) if it appears to the Board that any false or misleading
information or particular was given in the application for
loan/margin money;
1. Section 23-A inserted vide H.P. Act No. 16 of 1991, effective from 10th July,
1991.
16 THE HIMACHAL PRADESH SCHEDULED CASTES AND SCHEDULED TRIBES
DEVELOPMENT CORPORATION ACT, 1979
(b) if the debtor has failed to comply with any of the terms of the
agreement entered into by him with the Corporation;
(c) if there is a reasonable apprehension that the debtor is unable
to pay the money due from him; or
(d) if for any other reason it is necessary to do so to protect the
interest of the Corporation.
26. Recovery of money due to the Corporation.- (1) Where any
amount is due to the Corporation from any person including the surety of a
debtor, in respect of loans or advances or other financial accommodation
granted 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) The certificate 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.
(3) For the purpose of recovering any amount due to the Corporation
in respect of a loan it shall not be necessary to proceed against the principal
debtor before proceeding against the surety.
1[26-A. Recovery of certain dues of banks as arrears of land
revenue.- (1) Where a bank, on an application sponsored by the Corporation
has, under the tie up arrangements with the Corporation, advanced loan to a
person and such person-
(i) makes any default in repayment of loan or advance including
interest, or any instalment thereof; or
(ii) having become liable either under the conditions of the grant
of loan or under section 25, makes any default in the refund
or repayment of such loans or any portion thereof; or
(iii) otherwise fails to comply with the terms of the agreement;
then a bank or its authorized officer, by whatever name called, may send a
certificate in the form given in the schedule to the Collector mentioning the
sum due from such person and requesting that such sum, together with interest
accrued upto the date of recovery alongwith the collection charges, be
recovered as if it were an arrear of land revenue.
(2) A certificate sent under sub-section (1) shall be conclusive proof
of the matter stated therein and the Collector on receiving such certificate
shall proceed to recover the amount stated therein as an arrear of land
revenue.
(3) Nothing in this section shall,-
1. Sections 26-A and 26-B inserted vide H.P. Act No. 8 of 1984.
THE HIMACHAL PRADESH SCHEDULED CASTES AND SCHEDULED 17
TRIBES DEVELOPMENT CORPORATION ACT, 1979
(a) affect any interest of the State Government, a banking
company, a corporation or a Government company in any
property created by any mortgage, charge, pledge or other
encumbrance; or
(b) bar a suit or affect any right or remedy against any person
referred to in sub-section (1), in respect of a contract of
indemnity or guarantee entered in relation to an agreement
under this Act or the rules framed thereunder or in respect of
any interest referred to in clause (a) of this sub-section.
26-B. Collection charges.- A bank availing the services of the
Collector under section 26-A, shall pay collection charges to the Government
at such rates as may from time to time be notified by the State Government in
the Official Gazette.]
1[27. Charge of Corporation on debtor’s property.-
Notwithstanding anything contained in any law for the time being in force, but
subject to the provisions in any law made by the Parliament relating to priority
of charges and to any prior claim of a bank or of the Government in respect of
land revenue or any money recoverable by it as arrears of land revenue, 2[the
dues of the Corporation as determined in section 26 and of the bank as
determined in section 26-A] together with interest accrued thereon and cost of
recovery shall be the first charge on the property of the debtor and the
guarantor, if any].
CHAPTER-VI
ACCOUNTS AND AUDIT
28. Accounts.- (1) The balance sheet and accounts including the
profit and loss account of the Corporation shall be prepared and maintained in
such form and manner as may be prescribed.
(2) The Board shall cause the books and accounts of the Corporation
to be balanced and closed on the thirty-first day of March each year.
29. Audit.- (1) The accounts of the Corporation shall be audited once
in every financial year, by auditors duly qualified to act as auditor under sub-
section (1) of section 226 of the Companies Act, 1956 (1 of 1956), who shall
be appointed by the Board and shall receive such remuneration from the
Corporation as the Board may fix.
(2) The auditors shall be supplied with a copy of the annual balance-
sheet and the profit and loss account of the Corporation and it shall be their
duty to examine them together with the accounts and vouchers relating
thereto, and they shall have a list delivered to them of all books kept by the
Corporation and shall at all reasonable times have access to the books,
1. Section 27 substituted vide H.P. Act No. 28 of 1979, effective from 20th
September, 1979.
2. Substituted for the words “the dues of the Corporation as determined under the
preceding section of this Act” vide H.P. Act No. 8 of 1984.
18 THE HIMACHAL PRADESH SCHEDULED CASTES AND SCHEDULED TRIBES
DEVELOPMENT CORPORATION ACT, 1979
accounts and other documents of the Corporation and may require from any
director or officer of the Corporation such information as the auditors 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 such report
they shall state whether, in their opinion, the balance-sheet is a full and fair
balance-sheet containing all 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, within
four months from the date on which its accounts are closed and balanced, a
copy of its balance-sheet and accounts together with a copy of the auditor’s
report, and a report on the working of the Corporation during the relevant
year.
(5) Without prejudice to anything contained in the preceding sub-
sections, the accounts of the Corporation as and when it is considered
necessary and expedient to do so in public interest, may also be audited by an
agency specifically authorized in this behalf by the State Government from
time to time and any expenditure incurred by it in connection with such
examination and report shall be payable by the Corporation to such agency.
1[29-A. Laying of the annual and audit reports before the State
Legislative Assembly.- The State Government shall, as soon as may be after
the annual and audit reports in relation to the working of the Corporation are
furnished to it by the Corporation under sub-section (4) of section 29, but
within a period of nine months computed from the close of the financial year
to which such reports pertain, cause the said annual and audit reports to be
laid before the State Legislative Assembly.]
CHAPTER-VII
MISCELLANEOUS
30. Dissolution of Board.- (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 exceeds its powers
or upon receipt of report under section 29, call upon the Board 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, it may dissolve the Board from such date as may be specified.
31. Consequences of dissolution of the Board.- (1) When the Board
is dissolved under section 30-
(i) all directors shall, from the date of dissolution, vacate their
offices;
1. Section 29-A inserted vide H.P. Act No. 8 of 1984.
THE HIMACHAL PRADESH SCHEDULED CASTES AND SCHEDULED 19
TRIBES DEVELOPMENT CORPORATION ACT, 1979
(ii) all powers and duties of the Board shall, during the period of
dissolution, be exercised and performed by such person or
persons 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 Government may, in its discretion, reconstitute the Board
after such period as it may think fit.
32. Bar of jurisdiction.- Save as otherwise expressly provided in this
Excerpt shown. Open the full act in Lexace.